City of Miami v. Piper
A political committee chair obtained a writ of mandamus compelling the Miami City Clerk to transmit recall petitions against Commissioner Carollo to the county Supervisor of Elections after the Clerk refused based on perceived filing and timeliness defects. The Third District affirmed, holding that section 100.361(2)(g)1., Florida Statutes, imposes a purely ministerial duty on the clerk to submit petition forms immediately upon filing, with no discretion to review the petition for facial or legal sufficiency.
Key facts
- A political committee chair sought a writ of mandamus against the Miami City Clerk to compel transmission of recall petitions against City Commissioner Carollo to the county Supervisor of Elections.
- The City Clerk refused to transmit the petitions, citing perceived filing defects and timeliness problems with the recall petition forms.
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Why it matters
The opinion is a useful authority on when mandamus lies to compel a public officer's ministerial act and on the interpretive canon that legislative deletion of statutory language signals a change in meaning… — full analysis with a trial
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