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COBB v. THURMAN

No. 1D06-5447.

957 So.2d 638 (2006)

Sue M. COBB, in her official capacity as Secretary of State, State of Florida, and Joseph Negron, Intervenor, Appellants, v. Karen THURMAN, as Chairman of the Florida Democratic Party; the Florida Democratic Party; Arthur Anderson, in his official capacity as Supervisor of Elections of Palm Beach County; Vicki Davis, in her official capacity as Supervisor of Elections of Martin County; Gertrude Walker, in her official capacity as Supervisor of Elections of St. Lucie County; Gwen Chandler, in her official capacity as Supervisor of Elections of Okeechobee County; Joe Campbell, in his official capacity as Supervisor of Elections of Highlands County; Holly Whiddon, in her official capacity as Supervisor of Elections of Glades County; Lucretia A. Strickland, in her official capacity as Supervisor of Elections of Hendry County; and Mac V. Horton, in his official capacity as Supervisor of Elections of Charlotte County, Appellees.

District Court of Appeal of Florida, First District.

October 27, 2006.

Attorney(s) appearing for the Case

Peter Antonacci, Andy V. Bardos, and Allen C. Winsor of Gray Robinson, PA, Tallahassee, for Appellant Sue M. Cobb; Robert H. Fernandez, Bill L. Bryant, Jr., and Mia L. McKown of Akerman Senterfitt, Miami, for Intervenor Joseph Negron.

Mark Herron and Robert J. Telfer III of Messer, Caparello & Self, P.A., Tallahassee, Stephen F. Rosenthal, Miami, David M. Buckner, Miami, Richard B. Rosenthal of Law Offices of Richard B. Rosenthal, P.A., Miami, and Charles H. Lichtman of Berger Singerman, Ft. Lauderdale, for Appellees Karen Thurman and Florida Democratic Party; Ronald A. Labasky of Young Van Assenderp, P.A., Tallahassee, for Appellees Arthur Anderson, Vicki Davis, Gwen Chandler, Joe Campbell, Lucretia A. Strickland, and Mac V. Horton; no appearance for Appellees Gertrude Walker and Holly Whiddon.

WOLF, J.

This is an appeal from a final judgment issued by the circuit court granting injunctive relief to the appellees, including Karen Thurman, as Chairman of the Florida Democratic Party, and the Florida Democratic Party (collectively Florida Democratic Party).

The issue presented in this case is whether election officials may provide written notice to voters that a vote cast for a withdrawn candidate whose name appears on the ballot will be counted as...

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