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John Pollinger’s GOP Ballot Status In Question Over Dual Registration

| May 4, 2012

John Pollinger, denied a run for sheriff as a Republican, will run as an independent. (© FlaglerLive)

Last Updated: Friday, April 4, 8:25 a.m.

Update: Just before midnight Thursday, Pollinger sent the following email, suggesting he will seek to stay on the GOP ballot and invite a legal challenge rather than be booted off: “We have been in constant contact with a number of individuals, legal and otherwise all evening by phone. I was never comfortable with the opinion put forth by Ms. Weeks to the State Division of Elections. Independent of Ms. Weeks synopsis of the events, I sent an email to the State Division of Elections. Mr. Holland now states Ms. Weeks has no authority to remove me from the ballot and “must qualify” me as a candidate. As I asserted all along, I believe I have done nothing wrong and based upon this latest “reference” as Mr. Holland notes, I will challenge any attempt by Ms. Weeks to remove me from the ballot. Thank you for your interest and patience on the phone. As you can imagine, it’s been a hectic day.”

Pollinger was basing his conclusion on an email from Gary Holland, an attorney at the Department of State, who wrote: Whether you are ineligible to be a qualified candidate would depend upon the particular facts as determined ultimately by a court. So, if you believe, based upon the facts, that you were not a member of another party during the applicable 365-day period and that you can truthfully execute the oath form, then it would be up to someone to challenge your qualifications as a candidate in a court of competent jurisdiction after the Supervisor of Elections qualifies you to have you removed from the ballot.”

John Pollinger, the Republican candidate for Flagler County Sheriff who’d rapidly built a following and a well-funded campaign, was booted off the election ballot today because of registration issue that, according to a Florida Division of Elections interpretation of Florida law, can keep him from running as a Republican. Pollinger now vows to run as an independent, upending the coming Republican primary and almost certainly creating a closely contested three-way race that will likely split the Republican vote in November.

Until today, Pollinger was one of three Republicans, including incumbent Don Fleming, vying for the Republican nomination in the August primary. Ex-Sheriff Jim Manfre and Karl Tozzi are running as Democrats. Janet McDonald is running as a write-in candidate. Noise about Pollinger’s registration status dates back to his announcement for the sheriff’s race in January.

Flagler County Supervisor of Elections Kimberle Weeks told Pollinger of the registration problem Wednesday, after receiving a letter by an unidentified person raising the issue against Pollinger’s eligibility. Weeks would not disclose the identity of the sender of the document, prompting a public record request from Pollinger. Weeks invited Pollinger to submit his documentation as a Republican. “The documentation I had was a registration card signed by her. I believed that was all that was necessary,” Pollinger said. It had been signed in September 2010, after he’d moved from one part of Palm Coast to another, though his original registration was August 2009, as a Republican.

That did not settle the issue, because he had been registered as a Democrat in New Jersey for most of his adult life.

Florida law “requires the candidate to swear/affirm that he ‘has not been a registered member of any other political party for 365 days before the beginning of qualifying,’” Gary Holland, an assistant attorney with the Florida Department of State, which oversees elections supervisor, wrote Weeks today, in reply to Weeks’s query about Pollinger’s status. “He cannot truthfully make such a statement,” Holland continued, referring to Pollinger, “because he was a registered member of the Democratic Party during the 365-day period. Because of that, he is illegible [Holland meant to write ineligible] to qualify for the nomination as a candidate of any political party. His options at qualifying would be to qualify as a NPA candidate, a write-in candidate, or not qualify.”

That’s what Pollinger had decided to do by Thurdsay afternoon: run as an independent, and gather the 1,000 petitions necessary to do so in a blitz Friday, with his “Pollinger Posse”—as he calls his supporters—beginning the day at Bunnell’s Donut Stop and fanning out from there.

“My first reaction was, if this is what the citizens want from Flagler County, they can have it, but that was about a 30-second self-pity mode,” Pollinger said late this afternoon. “Then I realized the citizens of Flagler County have no idea what’s being done here. I need to tell the people about what’s being done, and the small group of people who are attempting to manipulate the ballot, and it’s not right. Selfishly, yes, it is about my candidacy, but the greater issue here is, are a small group of anonymous people going to manipulate who’s on the ballot in November, and I’m not going to allow that to happen. I don’t believe the citizens of Flagler County would allow that to happen. The politics in this county has to change.”

He added: “I understand that to run with no party affiliation is a great risk, but I believe in the people of Flagler County, I believe in my message, and I believe I have a solid chance to win.”

Pollinger, 59, an ex-police chief, moved from New Jersey to Palm Coast, buying a house in Grand Haven two and a half years ago. He was a registered Democrat in New Jersey since his youth. He registered as a Republican in August 2009. Local Republicans raised issues with his registration history, contesting the legitimacy of his Republican credentials and referring to the New Jersey registration as proof that Pollinger was breaking the law by running as a Republican locally, because he’d never officially scrapped his New Jersey registration.

Pollinger doesn’t dispute that the New Jersey registration was not officially ended. But, like most people in similar circumstances, he was under the impression that by registering under a different party affiliation in a new state, his previous registration would automatically be voided. Most people, in fact, never void their previous registrations under the same assumptions.

“It’s my belief that when you move from one state to another and you establish your domicile and obtain your Florida registration and you register as a voter, it negates any previous action you had taken as a driver in another state,” Pollinger said, “as far as your license, or as a voter of any other state. It’s a reasonable belief. Furthermore, that when I declared a party affiliation, August of 2009, I believe that negates my previous declaration of no party affiliation. At no time did anybody ever tell me that I had to contact my state, my previous residence, and take myself off the voting rolls.”

Local Republicans had made clear to Pollinger that they would contest his eligibility as a Republican. “There was this core group of individuals looking for something on me that started this campaign that I’m a closet Democrat,” he said, without specifying names. Pollinger had himself taken off the New Jersey voter rolls in January 2012, the same month he announced his candidacy for sheriff on the grounds of the county administration building. “Then I went to this inquisition meeting within the Republican organization, and outlined the steps I had gone through,” Pollinger said. “I also said if you want to look at my contributions to John McCain, check on the Internet. If you want to see my autographed copies from Rudy Giuliani, my autographed copies of George Bush, Ronald Reagan a letter from Nancy Reagan thanking me for attending her husband’s funeral—what else do you want me to do other than slice my wrist and bleed red on this table? Which of course I refused to do.” (Pollinger did, in fact, donate a total of $1,000, in four increments, to the McCain presidential campaign between January 31 and June 3, 2008.)

But ignorance of the law (see below) is no defense—if, in fact, the Department of State’s interpretation of the law would prevail in court. Pollinger claims it wouldn’t, because documented registration in Florida would be the operative question. But he has no time, nor has he found a lawyer versed in election law, to make the argument before the looming qualifying deadline Monday.

“I don’t know why there’s so much anger toward my candidacy,” Pollinger said, “when all I’ve ever done is I’ve told the sheriff and I’ve told Ray Stevens and I’ve told Jim Manfre and I’ve told Karl Tozzi that I just believe every candidate should just lay out their qualifications and their plans and hopes for Flagler County and let the voters decide. It’s that simple. I’m not attacking anybody.”

The Florida Law Relating to Candidates’ Registration and Oaths

99.021 Form of candidate oath.—

(1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared   (please print name as you wish it to appear on the ballot)  , to me well known, who, being sworn, says that he or she is a candidate for the office of  ; that he or she is a qualified elector of   County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

(Signature of candidate)

(Address)

Sworn to and subscribed before me this   day of  ,   (year)  , at   County, Florida.

(Signature and title of officer administering oath)

2. Each candidate for federal office, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to office shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared   (please print name as you wish it to appear on the ballot)  , to me well known, who, being sworn, says that he or she is a candidate for the office of  ; that he or she is qualified under the Constitution and laws of the United States to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; and that he or she will support the Constitution of the United States.

(Signature of candidate)

(Address)

Sworn to and subscribed before me this   day of  ,   (year)  , at   County, Florida.

(Signature and title of officer administering oath)

(b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing:

1. The party of which the person is a member.
2. That the person has not been a registered member of any other political party for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify.
3. That the person has paid the assessment levied against him or her, if any, as a candidate for said office by the executive committee of the party of which he or she is a member.
(c) The officer before whom such person qualifies shall certify the name of such person to the supervisor of elections in each county affected by such candidacy so that the name of such person may be printed on the ballot. Each person seeking election as a write-in candidate shall subscribe to the oath prescribed in this section in order to be entitled to have write-in ballots cast for him or her counted.
(2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath prescribed, shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee.
(3) This section does not apply to a person who seeks to qualify for election pursuant to ss. 103.021 and 103.101.
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109 Responses for “John Pollinger’s GOP Ballot Status In Question Over Dual Registration”

  1. FL informed voter says:

    This seemed like a witch hunt from struggling candidates to take out the front runner because they were scared. Everyone deserves to be on the ballot and let the most qualified person win. In my opinion, I respect John Pollinger for not quitting and vowing to stay in the race. He is obviously committed to this county and the job he seeks. Good for him.

       19 likes

    • MAG says:

      It seems that some are very intimidated that Mr. Pollinger has a strong campaign and many volunteers. My heavens they all come out and really support him. They are everywhere with T-Shirts that say Pollinger for Flagler County Sheriff. I even see lots of cars with bumper stickers supporting Pollinger.
      The people of Flagler County have witnessed Pollinger working hard, meeting voters, attending Meet and Greets. People are yearning for a candidate like John Pollinger. I am so proud to support his campaign.

         14 likes

  2. Ralph says:

    Pollinger should be grateful Supervisor Weeks acted swiftly allowing him the opportunity to run as an NPA, and still be able to get petitions rather than force him to pay the hefty filing fee to run for Sheriff. The paperwork filed with her office did not reflect the identity of the filer, and all paperwork filed was said to have been shared with Pollinger; therefore, a public records request by Pollinger would be of no value to obtain the filers information. Supervisor Weeks stated she notified Pollinger of the papers being filed with the elections office the very day they were filed. In fact, it has been said the supervisor called Pollinger in the late evening from her home because she was not able to reach him before the close of business on Wednesday. That is certainly going above and beyond.

       12 likes

  3. PalmCoast says:

    I am not for Pollinger BUT I have to agree with Pollinger here about if you registrar as a voter in a new state and you take up residency in that new state and have a new drivers licence in that new state ALL should automatically be voided from the prior state. This was a cheap shot by who ever pulled this stunt!

       14 likes

    • deana says:

      Stunt? I think the attempted stunt was being pulled by Pollinger! He knew back in Jaunary that he had signed a false statement. Now I just have to look at him in the same light as Fleming. Both of them went to great lengths to deceive the voters of Flagler County. That’s three of them off my list…Fleming trying to hide expensive gifts, Pollinger knowingly signing documents that he knows are false, Tozzi a carpetbagger living in Ormond and running for Sheriff in Flager and now McDonald who is a massage therapist. This place is a joke!

      Let’s get serious people, stop pointing fingers at who blew in your candidate. Look for an ethical candidate that can control the crime and be a good administrator. Just because the candidate is your drinking buddy doesn’t mean they’ll be a good police manager and steward of your money. It’s time to think of the Sheriff’s Office as a business and not a frat house!

         10 likes

      • Dan Bozza says:

        You got that right ,Deana. And that goes for the school board too. It is absolute insanity for a multi- million dollar corporation whose product happens to be education, although one would hardly know it from their results, with several million dollar plus subsidiaries ie: Curriculum, equipment and supplies, maintenance, transportation and food services to mention just five, and the whole thing is run by former 3rd, 4th and 5th grade teachers who have no authority because the unions are in charge of it all.

        Welcome, you have just entered the twilight zone!!

           3 likes

        • Liana G says:

          You need more ‘likes’. This whole system just needs to implode and start over from scratch. A clean slate and fresh faces.

             1 likes

  4. deana says:

    What is going on in Flagler? Do these guys all just do their own thing and hope no one will find out? First Fleming now Pollinger. These are people who are supposed to enforce the law and we’ve already found two of them ignoring it!

       15 likes

  5. B.Claire says:

    Wonder…Is this a Mitt Romney ‘Severe Conservative’ flip to the right.

    And if so why?…about a 50/50 dem/rep county.

    Oh…since moving here…have realized that it does appear that it’s about a 90/10 split on http://www.bedgunsafe.com/ ownership. ‘Don’t need no stinkin’ commie democrat tellin’ me what to do with my arsenal’

    Sad…this County needs more than a nudge in the other direction to join the 21st Century.

       2 likes

  6. palmcoaster says:

    I would not give my vote to an unknown almost “just arrival in this county”. That is what “the people” did 8 years ago and look what we still endure at the present time.

       9 likes

  7. Angie says:

    This was in my email this morning http://pollingercantqualify.weebly.com/

       1 likes

  8. Hank Reardon says:

    What a tangled web we weave when we practice NJ deceit. “…the small group of people who are attempting to manipulate the ballot”? As a registered Democrat in New Jersey since his youth and someone who wants to be Flagler’ chief law enforcement officer and doesn’t even check the Florida election law before signing a false oath does not speak well of Mr. Pollinger’s qualifications. What a novel concept that both Republicans and Democrats select their candidate in primaries and the winners of the primaries contend for in the general election – sound like ballot manipulation?-. If as Flagler Live contends “will likely split the Republican vote in November” by an NPA who has been a registered Democrat in New Jersey since his youth, is simply an indictment of the local Republican Party and the corrupt nature of Flagler/PC politics.

    Who is John Galt?

       12 likes

    • The Honest One says:

      Hank Reardon, you could not have written this any better. Very Well Done……..

         4 likes

    • Lisa M says:

      I have lived here more than four years, switched my drivers license and voter registration immediately. I never thought that there was a possibility that my NY voter registration could stay open.
      The candidate, that is backed by The Researcher, should try to run on their qualifications. Perhaps they are lacking in that area?
      Hank, I read, Atlas Shrugged, and I just don’t see the connection.

         0 likes

  9. Maryjoe says:

    “Pollinger had himself taken off the New Jersey voter rolls in January 2012″ I don’t understand..if he knew he had to do that and did it, then why is he acting all surprised as if this is a last minute kind of thing?

       9 likes

  10. Linda H. says:

    Mr. Pollinger, I am stunned. I did not know about this law until this morning. But I am going to stick with what I said earlier this week, that all candidates running for any office must know the elections laws, even the Sheriff.

    We must certainly be able to expect that from a candidate for our top law enforcement officer. Please don’t blame this situation on others; it was YOUR responsibility to know this.

       19 likes

    • Spoton says:

      Totally agree, he wants to run, be a representative of the people of the county, ? He can’t even figure out the election laws – how is he going to be effective with our citzens and the laws of our county?
      Don’t think he is qualified at all – just because you want something does not mean it will happen.
      Also as far as a well funded campaign… most of it is his own person funds.. check it out.

         6 likes

  11. palmcoaster says:

    Florida elections law reads:
    “So, if you believe, based upon the facts, that you were not a member of another party during the applicable 365-day period and that you can truthfully execute the oath form, then it would be up to someone to challenge your qualifications as a candidate in a court of competent jurisdiction after the Supervisor of Elections qualifies you to have you removed from the ballot.”
    “Florida law requires the candidate to swear/affirm that he ‘has not been a registered member of any other political party for 365 days before the beginning of qualifying,’” Gary Holland, an assistant attorney with the Florida Department of State, which oversees elections supervisor, wrote Weeks today, in reply to Weeks’s query about Pollinger’s status. “He cannot truthfully make such a statement,” Holland continued, referring to Pollinger”.

    I was as leery of this candidate as, I was of the one that won in 2005 by a small margin against, “unfairly witch hunted and good Sheriff Jim Manfre, then”
    My appreciation to our SOE Mrs Weeks for a prompt and well done job regarding this issue.

       5 likes

    • Angie says:

      Please cite your reference to the law, PalmCoaster, so that others may read what you are reading.

      From what I am reading, this is not what the law says at all, but Mr. Holland telling Mr. Pollinger what his options are from what Mr. Pollinger “believes”. What Mr. Pollinger “believes” may be very different from what the law states.

         2 likes

    • Angie says:

      Sorry, PalmCoaster!!! I misread your post. It’s one of those fast and furious days. You have correctly stated the law that I have read too.

      And Kim Weeks has done an excellent job in bringing this promptly to Mr. Pollinger. It’s really unfair of him to attack her the way he did with his charge the hill,…”She can’t take me off the ballot!” stance. No, her job is not to play judge & jury with candidates. But as a former cop, why is it so hard for Mr. Pollinger to understand the law? Anyone who reads the evidence submitted to Kim Weeks can see very plainly that he was still registered in New Jersey as a Democrat while being registered in FL as a Republican. According to the Division of Elections, it happens all the time. Tons of people are registered in 2 states. As long as they don’t vote in both states there’s not a problem. Unless of course you want to run for office. Then you have to sever your ties to all other political parties for 365 days before the qualification of that election. It’s known as the Charlie Crist law.

         5 likes

  12. Dan Bozza says:

    There is a lot more about John Pollinger then he wants you to know! Check out his former county newspaper in Monmouth County NJ and do a search for John Pollinger and read all about his difficulties with his superior and the men he supervised at the web site that follows and do a search for John Pollinger!
    The Asbury Park Press NJ | New Jersey News | APP.com http://www.app.com/
    The home page for Monmouth County NJ

       11 likes

    • Spoton says:

      You are right, funny you don’t read or hear about that in our local papers? Wonder who they support?

         2 likes

    • sunshine says:

      Trouble with his superior? Chief Pollinger followed an order issued by the Attorney General of NJ and the township administrator was under the misconception that he outranked the state AG.

      Trouble with his men? A few thought they could do what they want and not be accountable to anyone got a rude awakening and found out a real Chief was in town and they did not like it to much.

      While you are reading that paper be sure to read about all of the programs Chief Pollinger started to better serve the community.

         1 likes

    • sunshine says:

      Trouble with his superior? Chief Pollinger followed an order issued by the Attorney General of NJ and the township administrator was under the misconception that he outranked the state AG.
      Trouble with his men? A few thought they could do what they want and not be accountable to anyone got a rude awakening and found out a real Chief was in town and they did not like it to much.
      While you are reading that paper be sure to read about all of the programs Chief Pollinger started to better serve the community.

         2 likes

  13. David says:

    I think any body that runs for a county or state held office in our county or state must re a full time resident of our county or state for at least 5 years. Two years is to soon to get involved in politics in our county or state.

       8 likes

    • Linda H. says:

      Not a bad idea, David. It seems to be “the thing” to do….retire as an elected Democrat official from up north and move to Palm Coast, change your voter registration to Republican and run again. We have several here who have done that.

      Not a bad double retirement. And pretty easy to do. The local Republicans support you because they think you are a Republican and the local Democrats support you because they know you are not.

      Works like a charm, keeps a lock on Palm Coast Politics, and guarantees a nice second retirement and in some cases like the Sheriff’s race, a six figure income.

      Not bad.

         5 likes

      • David says:

        Thanks Linda H. I just feel that this gentleman only been here 2 years, and he hasn’t had time to get acclimated to our county, our culture, our people or our life style. Things are far more different here than where he he came from. I wouldn’t go to where he came from and say I want to be your Sheriff, until I lived their for about 5 or 10 years. He needs to get “street smart” with Flagler County and know how this county operates.

           0 likes

      • Lisa M says:

        Linda,
        The Chief of Police in Middletown, is not an elected position.

           0 likes

        • Anonymous says:

          No it isn’t he worked up the ranks of the Police Department to get where he was. He was a great Chief – just ask the people of Middletown.

             1 likes

          • peopleofmiddletown says:

            Go ahead, put him on the ballot and see the real dirt that comes out. Elect him and watch him screw up your county like he did with the Ocean Grove Police Department. He single handedly had them disbanded.

               1 likes

            • sunshine says:

              The only reason that PD was disbanded was the Supreme Court of NJ found that as a Methodist Retreat Camp they did not qualify to have a PD.

                 1 likes

  14. Robert Lewis says:

    Ladies and Gentlemen -

    I am outright stunned at what I have read through out the past week. It does not matter if you like or dislike John Pollinger or any of the candidates running for office, they still have a right to be on the ballot. The way you get out your message is with a winning campaign. Coca-Cola did not become a great soda company because they ran campaigns saying ,”Pepsi-Cola is a fake cola” (you get the example. They are a great product because of the quality of its product.

    To me this seems like a personal vendetta against an individual because of a motivated political agenda. I am offended as an American that the process of Freedom to vote for who I believe will serve the best. My choice and the choice of countless others are being suffocated because of an agenda. Democrat-Republican-Liberal- Conservative – It does not matter the party affiliation, we are all Americans. The actions being taken to eliminate the opposition is no different scare tactics being done in 3rd world countries. Is this America or are we under the rule of a dictatorship?

    I give those behind the effort a well thought out effort, but at the same time it really angers me at how they are manipulating the process. The days of political bosses in Flagler County are alive and doing well.

    Folks, we are the land of the free because of the home of the brave. Millions of brave men and women have laid down their lives so that we may engage in the right to vote, freedom of speech and freedom of assembly. It is an insult upon the very foundation upon which our great nation was built upon. It is a sad day for the American election process when it is manipulated for personal political gain.

    C’mon folks let’s do this the right way. Run an honorable and clean campaign. Tell me why you are the better candidate, not why the other guy stinks. Be a true American and support our right to vote and for whom to vote for.

    I tend to take the side of the under dog and right now my heart is with Mr. Pollinger and his family as he is being tested. My prayers are with him and any candidate that must deal with such an occasion because of the power of the political machine.

       9 likes

    • Linda H. says:

      Mr. Lewis, don’t you mean “the power of the law?”

         3 likes

    • Anonymous says:

      Thank you Mr. Lewis. Just because he has only lived in Palm Coast for a few years – doesn’t mean he would not be an asset to the County. Check out his website – Chiefs of Police from all over the Country back him, FBI agents back him, residents of Middletown, N.J. back him. He has always been a fair and honest person. He never asked his “Officers” to do anything he wouldn’t do himself and that was even midnight patrols. I don’t always believe everything I read – two sides to every story – but it would appear to me that many people fear of loosing their employement. It also would be very hard for me to believe that every public official – or person running for office knows 10% of every law that is on the books.

         2 likes

  15. rose duncan says:

    This is simply an attack on the political freedom of voting, this is a personal vendetta. For those of you who took the time to speak with John and got to know him, then you know he is the right man for the job, Let’s not make the same mistake again having the wrong Sheriff. I stand behind John 1000%. He is the right man for the job. Do you people like how our City is right now? I don’t and I think we need a change for the good and John is the man to do it.

       8 likes

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