Orange County, Florida v. Singh
Orange County voters approved a charter amendment making county constitutional offices nonpartisan and imposing term limits; the Fifth District held the nonpartisan-election provision was expressly preempted by section 97.0115 of the Florida Election Code. The Florida Supreme Court quashed, holding that whether county constitutional officers stand for partisan or nonpartisan election is not a 'matter set forth' in the Election Code and is therefore not expressly preempted, but that the ordinance's requirement that the election occur at the primary directly conflicts with section 100.041 and must be severed.
Key facts
- Orange County voters approved a charter amendment making county constitutional offices nonpartisan and imposing term limits on those positions.
- The Fifth District Court of Appeal held the nonpartisan-election provision was expressly preempted by Florida Election Code section 97.0115, but the Florida Supreme Court accepted review.
- +2 more key facts with a free trial
Why it matters
This is a significant limitation on the reach of section 97.0115's express preemption language, which had been widely read (and was read by the Fifth District) as reserving the entire field of election regulation to the… — full analysis with a trial
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