Florida/Georgia Personal Injury & Workers Compensation

...At the election the total votes cast were 27,464 of which number 18,723 voted in favor of the bonds and 8,741 voted against. On the day of the election 6,190 persons who did not appear on the list of reregistered voters, but who qualified pursuant to the provisions of Section 100.241 (2) (d), [10] Florida Statutes, F.S.A....

...d in accordance with the statute and conducted in accordance with the statute as we have here and in the prior cases construed it, the total number of persons so reregistered added to those who appear at the polls and qualify under the provisions of Section 100.241(2) (d), Florida Statutes, F.S.A., supra, as we interpret it here, shall be deemed to be the number of qualified electors who are freeholders residing in said tax district, county or municipality, and that a majority of such voters are...

...the freeholder electors was valid and that the number of freeholders entitled to vote on the issuance of the bonds in question was the number of such electors who re-registered as supplemented by those permitted to vote under the provisions of Sec. 100.241 (2) (d), supra....

...[19] The language of the decree referred to is as follows: "* * * If the reregistration statute had been complied with, the controlling figure would have been determined from the number shown on the reregistration records as supplemented by the number who qualified at the polls under the provisions of Chapter 100.241 (2) (d)....

...ection on March 26, 1963. The supervisor of registration certified that there were 25,129 registered electors who were freeholders qualified to vote in the special bond election, including 3,406 who qualified at the polls under subsection (2) (d) of § 100.241, Florida Statutes, F.S.A., 14,379 being a majority of the freeholder electors qualified to vote, voted in said bond election....

...o were also freeholders, pursuant to Section 97.081, Florida Statutes, F.S.A., and in due course 85,974 freeholders reregistered. At the ensuing election, 47,075 freeholders who had not reregistered qualified by signing affidavits in compliance with Section 100.241(2) (d), Florida Statutes, F.S.A....

...The court below, computing qualified electors as first above indicated, found that the 105,112 freeholders’ votes cast constituted a majority of the 133,049 qualified to participate. This issue involves a supposed conflict between Section 97.081(3) and Section 100.241(2) (a), infra. The further contention is that Section 97.081 is not applicable to bond elections for the purposes enumerated in Chapter 130, Florida Statutes, F.S.A. The appellants attack the validity of Section 100.241(2) (d), which allows a freeholder to qualify by affidavit at the polls, on the ground that it violates Section 27, Article III of the Florida Constitution, F.S.A., by conferring powers upon inspectors who are not county officers or deputies of county officers....

...on; that the conceded practice of requiring an affidavit from all electors who had failed to reregister as freeholders, but desired to vote on the bond issue on election day, denied to such freeholders their statutory right to qualify as provided in Section 100.241(2) (d) by presenting a tax receipt, deed or copy of deed; and that the election was irregularly conducted in that numerous illegal votes were cast by electors not properly qualified under the law....

...r prescribed by §§ 100.201-100.351. * * * ” The latter chapter, covering “General, Primary, Special, Bond And *835 Referendum Elections,” provides that in freeholder elections “the regular registration hooks of the county shall be used * * Section 100.241(2) (a), Florida Statutes, F.S.A. Section 100.241(2) (d) is to the effect that any registered elector “who is not shown as a freeholder” may nevertheless vote in freeholder elections if he “presents to the inspectors a tax receipt * * * or a deed * * * or makes a sworn affidavi...

...n the cases of State v. County of Sarasota, Fla.1953, 62 So.2d 708 , and State v. Board of Public Instruction, Fla.1959, 113 So.2d 368 . Also settled by those decisions, contrary to appellants’ contentions, is the alleged conflict between Sections 100.241(2) (a) and 97.081, the reference to the use of “regular registration books” in the first-cited provision being construed broadly to include reregistration lists....

...tions of this kind be held in compliance with this act, unless there is an equivalent alternative or supplementary statute applicable to the particular case.” (Emphasis supplied.) Section 97.081 is. *836 we believe, applicable and supplementary to Section 100.241(2), and upon the reasoning applied in prior decisions the reregister-ed list in fact becomes a part of the “regular registration” books. Where these statutes operate in conjunction, the provision in Section 100.241(2) (d) for qualification' at the polls by any registered elector “not shown as a freeholder” would clearly permit qualification by registered electors not shown on the current reregistration list without regard to the presence or absence of their names on the superseded freeholders’ registration list....

...istration list for purposes of computing the proportion of eligible electors participating in an election. Other questions raised present no substantial ground for disturbing the decree. One obj ection is to the function of election inspectors under Section 100.241 (2) (d) as violative of Section 27, Article III, Florida Constitution....

...supplement the expenditure of state funds in accomplishing the county purpose which in the particular case happens to be part and parcel of the state purpose.” The requirement of an affidavit without regard for alternative provisos of the statute, Section 100.241(2) (d), presents a more subtle issue....

...fied electors who were freeholders residing in the district at the time of the election and entitled to vote did participate in the election and favored approval of the bonds. The second question challenges that part of the validation decree holding § 100.241, Florida Statutes, F.S.A., unconstitutional....

...of of ownership of land or to determine what method of proof would be sufficient for the purposes of s. 582.30 , F. S. In the absence, however, of any legislative direction as to how ownership of land should be proved, I would note the provisions of s. 100.241 (2) and (3), F. S., which generally provide for freeholders' elections or referenda. Section 100.241 provides in pertinent part: (2) Qualification and registration of electors participating in such an election or referendum shall be the same as prescribed for voting in other elections under this code, and, in addition, each such elec...

...,823 registered electors who were freeholders hence qualified to vote which number included 2,179 persons who were not registered freeholders hut who had established their right to vote in the bond election under the provisions of Subsection (4-) of Section 100.241, Florida Statutes, F.S.A., [2] that 15,436 persons voted; [3] that 11,385 votes were cast for the issuance of the bonds; and [4] that 4,051 votes were cast against the issue....

...or had not participated. We apprehend, after a perusal of ap-pellee’s brief, that the conclusion was aided by a presumption that none of the 2,321 persons finally found ineligible cast a ballot because, so it is argued, it is provided in Sections 100.241(6) and 104.14 that it shall be unlawful for anyone to participate in a bond election who is not a qualified elector and a freeholder....

...Reversed and remanded with directions to dismiss the petition to validate. THORNAL, C. J., O’CONNELL, CALDWELL and ERVIN, JJ., and McCORD, Circuit Judge, concur. . Chapter 98, Fla.Statutes 1965, F.S.A. . State v. County of Sarasota, Fla.1953, 62 So.2d 708 . .See Section 100.241, Florida Statutes 1965.