Mix-up turns Democrat into Write-in

It looks like a South Florida Democratic is going to have a tough time getting on the ballot, despite collecting more than enough signatures to qualify. Why? Because he filed the incorrect loyalty oath…

The good news for Larry Byrnes: he collected enough signatures to get onto the ballot as a candidate for U.S. Congress in District 14.

The bad news: a mix-up means he won’t be on the Southwest Florida ballot.

Byrnes registered as a candidate with the state Division of Elections in July 2007. His first statement to the state clearly identifies him as a Democrat.

When Byrnes filed his Oath of Loyalty to officially become a candidate, however, he filed it on the form for write-in candidates.

“The division is required to only look at the four corners of the paper they receive,” state Division of Elections spokeswoman Jennifer Davis said. “They don’t have any flexibility.”

So when Byrnes, a professor at Florida Gulf Coast University, mistakenly filed the form for a write-in candidate, he became one. That means despite obtaining the more than 5,400 signatures required to qualify to run as a Democrat, his name won’t be on the ballot.

Maybe.

Byrnes recently filed a lawsuit against the Division of Elections. It asks that a judge order the agency to declare him a qualified Democratic candidate.

The suit cites state law that says the Division of Elections must furnish each candidate with a printed copy of the loyalty oath. When Byrnes received notification he’d qualified by petition, there was no mention of further requirements, it says.

Read the rest of this story here.