On Oct. 31, the American Civil Liberties Union of Missouri filed a civil rights action on behalf of Jennifer Florida, candidate for St. Louis City Recorder of Deeds. This lawsuit seeks to prevent the St. Louis City Board of Election Commissioners from confiscating Florida’s campaign materials.
Florida, a life-long Democrat, was appointed Recorder of Deeds for the City of St. Louis in July when the position became vacant. Florida decided to run for the position on the Nov. 4 ballot. Because the deadline to participate in the primary election had already passed, Florida decided to run as an independent Democrat and will appear on the ballot as an independent.
Florida has campaigned as an Independent Democrat and her campaign materials and sample ballot list her as an Independent Democrat. She was concerned that her materials would be confiscated because on Monday, the Board of Election Commissioners adopted a policy stating the board will seize any sample ballots of candidates if the ballots do not clearly indicate whether the candidate is running as a party candidate or as an independent.
Updated: Nov. 4, 2014
When a St. Louis City Board of Election judge confiscated Jennifer Florida’s sample ballots at a polling location this morning, the American Civil Liberties Union of Missouri immediately went to federal court to obtain a temporary restraining order, which was granted by Judge Rodney Sippel. The ACLU of Missouri had filed a civil rights action Friday on behalf of Jennifer Florida, candidate for St. Louis City Recorder of Deeds, to prevent such shenanigans.
Florida, a life-long Democrat, was appointed Recorder of Deeds for the City of St. Louis in July when the position became vacant. She decided to run for the position on the Nov. 4 ballot. Because the deadline to participate in the primary election had already passed, Florida is running as an independent Democrat and appears on the ballot as an independent.
Florida has campaigned as an “Independent Democrat” and her campaign materials and sample ballot list her as an “Independent Democrat.”
In a related state court action filed against Florida late last night, a Missouri Circuit Court judge granted the ACLU’s motion to dismiss.
“Candidates must be able to communicate freely, without the fear that government will collect and destroy their campaign materials,” explains Tony Rothert, legal director of the American Civil Liberties Union of Missouri. “Voters do not need, or expect, their government to vet every campaign slogan.”
“Our founders created the First Amendment because they knew for democracy to work, government should never be allowed to determine what is “appropriate” political speech. To do so, opens the door to a corrupt political system, where those in power decide what we can and cannot hear,” said Jeffrey Mittman, executive director of the ACLU of Missouri.
Updated: Nov. 18, 2014
On Nov. 18, U.S. District Court Judge Rodney W. Sippel entered a consent judgment forbidding the Board of Election Commissioners from confiscating campaign materials. The American Civil Liberties Union of Missouri had filed a civil rights lawsuit Oct. 30 on behalf of Jennifer Florida, a candidate for St. Louis City Recorder of Deeds.
“Today’s consent judgment will put an end to election board judges seizing campaign materials because they think the materials are misleading,” says Tony Rothert. “Those running for political office should never have to worry that the government will censor or seize their campaign materials.”
“It is not the role of government to determine what is ‘appropriate’ political speech. Doing so would allow those in power to control what the public can and cannot hear and that is a recipe for corruption,” said Jeffrey Mittman.