lawflablog

Election law update

Third District Affirms Right of a Political Party to Require Party Loyalty Oath

The Third District Court of Appeal affirmed the right of a political party to require its own form of loyalty oath as a condition of seeking election as a member of a county executive committee and the right to require receipt of that oath by party officials before the qualification deadline.  Republican Party of Miami-Dade County v. Davis, Case No. 3D08-3126 (Fla. 3d DCA Aug. 26, 2009).  That opinion can be found here.

At issue was the refusal of the Miami-Dade County Republican Executive Committee to seat individuals who were elected at the primary election of August 26 as provided by law but who failed to file the party loyalty oath with party officials prior to the close of the qualifying period.  Although the Court affirmed the right of the Republican Party to require submission of its own loyalty oath, it nevertheless affirmed the election of those individuals who failed to file the party loyalty oath because there was a lack of fair notice regarding new party requirements and the party took no action prior the election to strike the candidates from the ballot.

First District upholds constitutionality of the "Save our Homes" Amendment, Article VII, Section 4(c), Florida Constitution.

Today, the First District Court of Appeal upheld the constitutionality of the "Save our Homes" Amendment, Article VII, Section 4(c), Florida Constitution, in Lanning v. Pilcher, Case No. 1D07-6564 (Fla. 1st DCA Aug. 26, 2009), which can be found here.

In an opinion authored by Judge Padovano, the Court held that Save our Homes is valid under the United States Constitution, that it does not violate a nonresident's rights under the Equal Protection Clause, the Privileges and Immunities Clause, or the Commerce Clause, and that Section 193.155, Florida Statutes, the law implementing the amendment, was constitutionally valid.  Judges Barfield and Lewis concurred in the opinion.

HITECH Breach Notification Interim Final Rule

The United States Department of Health and Human Services released the HITECH Breach Notification Final Rule.  The interim final regulations will become effective 30 days after publication in the Federal Register. 

A link to the HHS Press Release, including a link to the interim final rule is listed below:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/breachnotificationifr.html