CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 1690557
...l election are public records under article I, section 24 of the Florida Constitution, and chapter
119.01 of the Florida Statutes, thus affording them a constitutional right to inspect the unused ballots. Appellants further sought a declaration that section
101.545, Florida Statutes (2003), governing retention and destruction of certain election materials, violates article I, section 24, of the Florida Constitution....
...In particular, appellees argued "plaintiffs here are not being deprived of anything to which they are entitled as a matter of law." Appellees urged that the handling of unused or unvoted ballots is subject to legislative prerogative and, by enacting section 101.545 in 1977, the Legislature has acted....
...The ballots are no more than blank forms for use in the now-defunct voting machines used in the past. This is property that the State can dispose of any way the Legislature directs. The court also ruled that the Legislature has made a determination as to how such items may be disposed by enactment of section 101.545....
...nding. In the penultimate paragraph of the order on review, the circuit judge stated: The ultimate disposition of the unused ballots from the 2000 election [is] subject to legislative prerogative and the legislature has determined through passage of § 101.545, Fla....
...For purposes of the public records analysis, however, the unused ballots, en masse, are no different than cases of blank paper held in a government office. Moreover, the Legislature saw fit to make provision for retention and destruction of unused ballots by enacting section 101.545, Florida Statutes (1977)....
...We hasten to point out that any individual supervisor may decide to keep the ballots, or to turn them over to appellants or, presumably, to any other party. The unused ballots are not public records. Because the unused ballots are not public records, section 101.545, affording discretion to the Secretary of State and the supervisors of election concerning retention or destruction is not unconstitutional when viewed in light of article I, section 24....
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