It seems Jim Stork may be on the Florida Congressional ballot, after all. Even though he tried to drop out of the race due to illness, the Florida Department of Elections says he withdrew too late, and that his name has to remain on the ballot.
Palm Beach County Democrats are suing to get Stork off the ballot so that he can be replaced by retiring Representative Peter Deutsch or another Democrat.
Looks like that may not succeed.
The Miami Herald is carrying the story below.
Democrats sue for new candidate
Palm Beach County party leaders want a replacement for Jim Stork to be added to the Nov. 2 ballot. Sorry, the state says, it's too late for that.
BY ROBERTO SANTIAGO
rsantiago@herald.com
Palm Beach County Democrats are doing what the state Democrats refused to do: suing the state Florida Division of Elections.
Joseph Martin and Katherine Kelly, Palm Beach County members of the Democratic State Executive Committee, have requested an injunction against the state for refusing to let former District 22 congressional candidate Jim Stork off the ballot.
A hearing is scheduled for 9 a.m. today before Leon County Circuit Judge Janet Ferris in Tallahassee.
The state Division of Elections ruled last month that Democrats could not name a replacement for Stork because he officially informed them he was dropping out nine days after the Sept. 15 deadline.
The state ruled that Stork, a Democrat, would remain on the Nov. 2 ballot, giving a de facto victory to Republican incumbent Clay Shaw.
This week, state Democratic Chairman Scott Maddox said the party would not pursue a lawsuit with the election less than four weeks away.
But the Palm Beach County Democrats didn't feel that way. Shaw's coast-hugging 22nd Congressional District stretches from Fort Lauderdale to the northern end of Palm Beach County.
''The statutes clearly allow the Democrats to name a new candidate,'' said attorney Ronald Meyer, who is handling the Democrats' case at no charge. ``We are taking up the fight because the state is wrong. The statutes in question are open to interpretation.''
Maddox said he was surprised to hear about the suit. ``Procedure usually calls for this to be cleared by me.''
U.S. Rep. Peter Deutsch, D-Hollywood, who was defeated Aug. 31 in his bid for the Democratic U.S. Senate nomination and now is a rumored replacement for Stork, encouraged the Palm Beach Democrats to sue the state, Maddox said.
Deutsch denied that, saying he heard about the lawsuit Wednesday through a Palm Beach County reporter.
''I am disappointed that Scott Maddox did not show any leadership on this problem,'' Deutsch said in a statement. ``I am proud of what Joe Martin and Katherine Kelly have done to afford the voters of the 22nd District a choice.''
Maddox said he hoped the suit would be successful, and added that Deutsch, who had not contacted him, would be a good candidate against Shaw.
''But if he is going to step up to the plate, he better do it soon,'' Maddox said.
The state stands by its decision, said Alia Faraj, spokeswoman for the Division of Elections.
''Our goal is to ensure the least amount of disruption to the electoral process,'' Faraj said. ``Allowing a replacement for a candidate who drops out over a week after the official deadline is disruptive to the process.''
Stork could not be reached for comment Thursday.
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