Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 2:83-mc-00062-PCD Document 2015-2 Filed O4/28/2004 Page1of3
EXHIBIT I
Re: l\/lotion for Leave to File Litigation in
Florida

l F

‘ Case 2:83-mc-00062-PCD Document 2015-2 Filed O4/28/2004 Page2of3
n UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
ANDY MARTIN, I
Plaintiff,
v.
STATE OF FLORIDA,
JEB BUSH GOVERNOR,
GLENDA HOOD, SECRETARY OF STATE,
EDWARD C. KAST, DIRECTOR
DIVISION OF ELECTIONS
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
1. Jurisdiction
This court has jurisdiction pursuant to 28 U.S.C.A.
Sec. 1343 and 42 U.S.C.A. 1983.
2. Factual allegations
a. Andy Martin is a legally qualified candidate for
United States Senator.
b. The defendants are sued in their official
u capacities and are officials of the State of Florida responsible
E for the conduct of elections.
l c. Defendant Kast has indicated he will not allow
W Martin to qualify for the ballot because Martin is not a
‘ registered voter.

{ d. Case law is very clear that one need not be a
i registered voter to be a candidate for federal office, see
T Krislov v. Rednour, 226 F.3rd 851, 856 n. 1 (7th Cir. 2000)(“The
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Case 2:83-mc-00062-PCD Document 2015-2 Filed 04/28/2004 Page 3 of 3
Constitution does not require candidates to be registered to
vote ”); Schaefer v. Townsend, 215 F.3rd 1031 (9th Cir. 2000).
e. Florida’s requirement requiring federal candidates
to register to vote is facially unconstitutional in light of
extensive federal case law excerpted above.
3. Legal claim
Florida’s requirement that a candidate for federal
office in Florida be a registered voter violates the
Qualifications Clause, as set forth in Rednour and Townsend.
4. Demand for judgment
a. Plaintiff seeks a declaratory judgment that
Florida's requirement for voter registration to be a candidate
for federal office violates the Qualifications Clause of the
U.S. Constitution.
b. Plaintiff seeks an injunction placing his name on
the ballot through qualification (paying the filing fee) as a
party candidate of the Republican Party in May, 2004.
c. Plaintiff seeks such other relief as may be
necessary and proper to do complete justice including attorneys’
fees.
Respectfully submitted,
ATTORNEY FOR PLAINTIPF