Orange County, Florida v. Singh
The Florida Supreme Court recalled its own mandate, withdrew its January 4, 2019 opinion, and substituted a new opinion reaching the opposite result. It held that section 97.0115, Florida Statutes, expressly preempts to the State all matters in chapters 97-105, so an Orange County charter amendment mandating nonpartisan elections for county constitutional officers is both preempted by and in direct conflict with the Florida Election Code, and is therefore invalid.
Key facts
- Orange County adopted a charter amendment mandating nonpartisan elections for county constitutional officers, eliminating party affiliation references on ballots.
- Singh challenged the charter amendment as preempted by and in conflict with the Florida Election Code.
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Why it matters
Notable both for its substantive preemption holding and for the unusual procedural posture: the Court granted a motion to recall its own mandate under section 43.44, Florida Statutes, and rule 2.205(b)(5), withdrew a… — full analysis with a trial
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