GREENE v. CLEMENS

No. 1D12-4520.

98 So.3d 791 (2012)

Addie L. GREENE, Philippe "Bob" Louis-Jeune, Mackenson "Mack" Bernard, Appellants, v. Jeff CLEMENS; Susan Bucher, Palm Beach County Supervisor of Elections; Ken Detzner, in his capacity as the Florida Secretary of State; The Honorable Rick Scott, in his capacity as a member of the Florida Elections Canvassing Commission; The Honorable Pamela Bondi, in her capacity as a member of the Florida Elections Canvassing Commission; The Honorable Jeff Atwater, in his capacity as a member of the Florida Elections Canvassing Commission; The Honorable Caroline Shepherd, in her capacity as a member of the Palm Beach County Canvassing Board; Carrie E. Ward, in her capacity as a member of the Palm Beach County Canvassing Board; Amy Borman, in her capacity as a member of the Palm Beach County Canvassing Board, Appellees.

District Court of Appeal of Florida, First District.

October 19, 2012.


Attorney(s) appearing for the Case

Juan-Carlos Planas of Kurkin Forehand Brandes LLP, Aventura, for Appellants.

Ronald G. Meyer and Jennifer S. Blohm of Meyer, Brooks, Demma, and Blohm, P.A., Tallahassee, for Appellee Jeff Clemens.

Pamela Jo Bondi , Attorney General, and Jonathan A. Glogau , Assistant Attorney General, Tallahassee, for Appellee Florida Elections Canvassing Board.

Kenneth G. Spillias of Lewis, Longman & Walker, P.A., West Palm Beach, for Appellees Susan Bucher, Supervisor of Elections; and Caroline Shepherd, Carrie E. Ward, and Amy S. Borman, Palm Beach County Canvassing Board.

Daniel E. Nordby , General Counsel, and Ashley E. Davis , Assistant General Counsel, Florida Department of State, for Appellee Kenneth W. Detzner, Florida Secretary of State.

Richard Thierry Champagne of the Champagne Law Group, P.A., North Miami, for Amicus Curiae Haitian American Professionals Coalition.


PER CURIAM.

We affirm this appeal from an election contest finding that the circuit court properly followed the applicable statute.1 After a machine and manual recount, it was determined that Jeff Clemens defeated Mackenson Bernard by 17 votes in the Democratic primary for State Senate District 27. Regarding the canvassing of absentee ballots, section 101.68(2)(c)1., Florida Statutes (2011), provides...

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