By Bill Cotterell
If there’s one thing that every public officeholder, both political parties and all candidates at every level of state and national government agree on, it’s the importance of voting.
Vote for the candidate of your choice, they urge us, but vote! We owe it to brave Americans who’ve suffered and died for our right to choose our leaders and voice our beliefs at the polls. It’s a cherished privilege, bordering on a sacred obligation.
They pronounce such pieties with a straight face, but what they really mean is, “You need to vote our way.” If you’re not likely to support their side, the politicians aren’t so eager to get you the polls; in fact, they’ll even try to stop you.
Florida has just had party primaries in which an estimated 2 million eligible residents were barred from voting in some state and local races by an indefensible little gimmick commonly known as the “write-in loophole.” It’s a legal fiction both parties refuse to fix because, every now and then, it comes in handy for them.
We have closed primaries. Only Democrats can vote in the Democratic primaries, only Republicans vote in the GOP contests, and everybody else has to wait until the November general election. That works well enough, mostly, when Democrats and Republicans square off in races for the big offices like governor, Cabinet seats, congressional seats and state legislative offices.
But sometimes — usually when a district or a whole county is bright red or deep blue — one party won’t bother putting up even a token candidate for a legislative seat or a down-ballot office.
So then we wind up with two or three, or more, hopefuls from the same party running. The winner of the primary will, therefore, become the sheriff or property appraiser or tax collector — whatever.
In 1998, Floridians approved a constitutional amendment providing that when only one party has candidates for an office, all voters may cast ballots in that race. The idea being, since the nominee is going to get the office, everyone should get to vote.
Ahh, that’s when the write-in loophole makes its mischief. The state Division of Election issued a legal opinion saying that write-in candidates are real candidates, even though they don’t appear on any ballot. So instead of having an open primary, in which all registered voters of a district may vote, you or I could simply sign up as a write-in candidate and close the primary that’s going to decide the whole race.
The law, in its majesty, views us all equally and these offices belong to the people. Legally, you and I have as much right to run as the most entrenched incumbent, or a challenger hand-picked and financed by a political machine. But, you and I not being stupid, we don’t waste a few thousand bucks paying a qualifying fee for a race we’re bound to lose.
Some of us, though, will run as a write-in to close the primary for a friend in a one-party race.
Imagine a district in which 45 percent of the voters are very conservative, so I run to the right of my fellow party members. But about 55 percent of the people are moderate to liberal, and I don’t want them voting in our primary. I simply get someone to register as a write-in candidate, and only us right-wingers get to vote in the primary — which I win and am home free.
It works the same on the left, in areas with a lot of liberals. Which is why neither Democrats nor Republicans will try to eliminate the write-in loophole.
Closing that loophole would have the welcome effect of moving both parties toward the political center. If millions of independents and members of third parties could vote, Republicans would have to edge away from the Trump cult and Democrats would be less captive of their looney left.
The Florida Trident, a publication of the nonpartisan Florida Center for Government Accountability, reported that ghosting by write-ins occurred in 20 counties during the recent primaries. It estimated 2 million voters were shut out of casting ballots in races.
Surely some write-in candidates are sincere. Maybe they want to make a moral statement or offer their neighbors a choice at the polls but can’t afford the qualifying fee.
So let them all run. Just don’t let them close primaries for millions of Floridians who’ve never heard of them.
Bill Cotterell is a retired capitol reporter for the Tallahassee Democrat and United Press International. He can be reached at [email protected].
Fernando Melendez says
A very sleazy tactic used in our local elections. Hopefully it’ll get fixed.
Nbr says
Well said, get rid of it
tulip says
If they don’t get rid of it they could at the very least charge the write in what it cost a candidate if he or chose not to get signed petitions. I think it’s somewhere around 3 0r 4 thousand dollars. That will stop anyone who’s thinking of running as a write in.. The money is not refundable. It’s extremely unfair to a candidate who is doing everything right to be treated badly by a write in bully.
Jim says
This little political option ain’t going anywhere. Remember, these are the same fine folks who routinely gerrymander voting districts to assure the party in power stays in power. Such niceties as “one person, one vote” only come from these people when they are giving speeches. They spend more time trying to figure out how to screw each of us and assure they stay in power. Just look at the low life we have as a congressman – Waltz. Anybody seen this guy out and about talking to his constituents to see what’s on anyone’s mind? How about maybe campaigning for re-election. I haven’t seen or heard from this guy since the last time he ran. He doesn’t have too. He has an “R” beside his name and that’s a free ticket to congress in this area. Maybe he slips in for a fundraiser or something but he sure doesn’t have time to see the regular folk….
There used to be a time where if your elected official was a sorry ass just taking up space and not supporting the voters, people would get upset and vote for someone else when they got the chance. We seldom do that anymore. Just check for the “R” or “D” and that’s all that we need. My point is that if we did a better job as voters getting rid of Waltz and those like him (so many….), the elected officials would be a lot more sensitive to making sure they did the right thing. So don’t get too worked up over this. It’s not going to change.
Tony Mac says
Rep. Brian Steil (R-WI) argued Sunday that passing a bill making it harder to vote was Republicans’ “opportunity to win” the election.
In an interview on Fox News, Steil said he wanted House Speaker Mike Johnson (R-LA) to combine the so-called SAVE Act with a continuing resolution (CR) to fund the government. The SAVE Act would make it more difficult to vote by requiring a passport or birth certificate to cast a ballot.
That’s all you need to know. Republicans know they can’t win on the issues unless they cheat and — they are getting very good at cheating.
Nancy N says
Republicans control the legislature. They could easily do it if they wanted. It’s not fixed because they don’t want it fixed. End of story.
Steve says
You said it perfectly in the article.
“It’s a legal fiction both parties refuse to fix because, every now and then, it comes in handy for them.”
It was obiously used in the last primary as sham candidates were set up as write in candidates with no intention of campaigning.
Nick Klufas says
Checks notes…. confirmed.
Kat says
Vote for Adam Morley, he is local and quite involved in peoples every day lives. He is a water keeper, a small businessman, and a champion for our state parks.
Celia Pugliese says
Nick (and Pierre) if candidates would not be changing parties in our red state from Dem to Rep to have better chances to be elected, then I believe would not be any right ins. So to me is okay that any candidate changes party to be elected or right ins to try and minimize it! Is not against the law, then why don’t guys stop the attacks on Dennis, etc. and and relax? Or go to Tallahassee and lobby for law change! Why don’t you fix yourselves in more pressing issues than this?
Celia Pugliese says
I sure agree with Kat here!
Celia Pugliese says
Results of people changing parties to get elected which also is not against the law and I would not describe as sleazy either but realistic if want the majority of the votes. Why so many ruffled feathers?