Preparing for the 2016 Primaries … an opinion

Submitted by Suanne Z. Thamm
Reporter – News Analyst
January 11, 2016 1:00 a.m.

This year Nassau County voters will face a series of elections to decide local, state and federal races. The election cycle will begin with the Presidential Preference Primary on March 15, followed by other primaries and the School Board election in August, and the General Election in November.

Nassau County residents need to act soon to register to vote in these important races. And as important, all current and potential voters need to declare a party preference in order to vote in the primaries that are most important to them. If you want to vote in the Presidential Preference Primary you must register – or change your voter registration – by February 16. Only registered Democrats will be able to vote in the Democrat Presidential Preference Primary; only registered Republicans will be able to vote in the Republican Presidential Preference Primary. Following the March Presidential Preference Primary, voters will again be able to change their party affiliation by August 1 in preparation for local primaries this summer.

Many Fernandina Observer readers have come to the realization that elections are complicated, and that laws regarding voter registration, qualifying for election, election finance and the elections themselves are subject to change, depending on voter referendums and legislative action. And as we have come to learn, somehow Florida elections seem to be just a little bit more complicated and subject to scrutiny than those in other states.

This article will highlight some quirks of Florida primary elections and relate the problems with confusion over primary races to past and current Nassau County races.

Primary Elections

While we in Nassau County—or more broadly, all of Florida—operate politically under what is termed a closed political primary system, that is not the case around the nation, where only eleven states hold closed primaries, defined as elections limited to registered voters of a particular party. Another eleven states hold what are called open primaries, where party affiliation does not matter, and registered voters can cross over party lines to vote in whichever primary they choose.

Four states hold what have been termed “Top Two Primaries.” In these states, all the candidates are listed on the ballot and the top two vote getters face off in the general election. The top two may be from the same political party or no party at all. This model is not used for presidential primaries in any state, but may be used for state or local office contests.

Currently 24 states hold primary elections that are some sort of a hybrid between open and closed primaries. For information on which state conducts which type of election visit the website of the National Conference of State Legislatures: http://www.ncsl.org/research/elections-and-campaigns/primary-types.aspx

Universal Primary Contest

What seems to have added confusion to the primary election in Florida is something called the Universal Primary Contest, created as a result of Constitution Revision No. 11, adopted by the voters of the state in 1998. This allows for all registered voters regardless of party affiliation to vote in a primary election if the winner of that election will face no opposition in the General Election. This change was made to address concerns raised by voters in counties where one party dominated. But it is still confusing, because whoever wins this Universal Primary in August is not declared elected until the General Election in November, leaving many folks to think that they can decide to run between August and November, and that is just not so. All candidates for the General Election must qualify to run by a date that occurs prior to the primary election.

2014 Primary election confusion in Nassau County

It appears that the 2014 primary election was confusing to many local non-Republicans, who did not understand that while voting in the District 2 Nassau County Commission contest was restricted to registered Republicans, voting in the District 4 race was not. In that race, two Republicans—Barry Holloway and George Spicer– squared off against each other, and yet all registered voters could have cast a ballot, regardless of political affiliation. Holloway, who had been heavily favored in a contest against a political newcomer, lost the race by 176 votes with 634 undervotes in that contest. An undervote means that while the voter cast a ballot, the voter for reasons unknown did not vote in this particular race.

Were those 634 undervotes in this race a result of confusion over the ability to vote in the Universal Primary by non-Republicans? We’ll never know for sure, but I can tell you that several people have told me that they would have voted for Holloway but did not know that they could. These people were confused, despite Nassau County Supervisor of Elections Vicki Cannon’s attempt to explain the situation via sample ballots mailed before the primary election.

Write-in candidates

And that brings us to another confusing bit: write-in candidates. These are candidates who qualified in a manner that does not allow for their names to appear on the ballot. However, a space is provided for the candidate’s name to be written on the general election ballot. A person qualifying as a write-in candidate is not required to pay a filing fee, election assessment, or party assessment. Such candidates may or may not have a registered affiliation with a political party. Write-ins must also qualify by the qualifying date set by the state, which precedes the primary election.

There are those who say that the only reason for a write-in candidate, who generally is far from contention with any candidate backed by a major political party, is to act as spoiler. The write-in candidate, who has a pretty easy ride when it comes to filing and paying fees, prevents a primary from being considered a Universal Primary Contest. In effect, this candidate turns what should have been an open primary into a closed primary because the write-in candidate will be a candidate in the General Election to face whoever wins the primary election.

What happens in fact, however, is that the write-in candidate provides insurance to those candidates in the primary contest that they only need to campaign to attract votes from registered members of their own party. Other voters do not matter in their contests. Following the primary, often the write-in candidate just withdraws from the race, allowing the primary winner to face no opposition in the General Election.

Even when some write-ins remain in the race, they have little effect on the outcome of the General Election. Since their names are not allowed to appear on the ballot, they must rely heavily on word-of-mouth and privately financed campaigns to attract attention to them or their particular cause. It is difficult to gain traction with the electorate under such circumstances. If voters choose to cast a ballot for a write-in, they must know how to spell the candidate’s name in some reasonable facsimile to the candidate’s name on file, and be able to print or write well enough that it can be deciphered by election machines and Elections Office staff.

The 2014 election for District 2 Nassau County Commissioner is an example of what could have been a Universal Primary Contest between two qualified Republican candidates – Mike Boyle and Steve Kelley – that was converted into a closed primary by the write-in candidate Gene Alley. In my conversation with Mr. Alley at the time, he insisted that he was running on principle, not to block non-Republicans from participating in the election. Neither Boyle nor Kelley disclosed any connection with Alley that might lead one to suspect that motives behind Alley’s candidacy were voter suppression. But speculation continues to swirl around Alley’s candidacy, since he did not mount much of a campaign. Was either Republican candidate helped or hurt by limiting the primary to registered Republicans? Or did Alley’s candidacy just prolong the inevitable re-election of incumbent commissioner Steve Kelley?

Superintendent of Schools election 2016

Fast forward to the 2016 race for Nassau County School Superintendent, a partisan position currently being contested by two Republicans (Janet Adkins and Kathy Burns) and a Libertarian candidate named Cheryl Reynolds James. The Adkins-Burns contest, which pits term-limited State Representative Janet Adkins against School Board Member and educator Dr. Kathy Burns, is being closely watched by many who suspect that James’ entry into the race is merely a political maneuver to ensure that the election will be decided in the Republican primary race.

James, who lives in Bryceville on the same street (Sunowa Springs Trail) as one of Adkins’ high-level staffers, has collected three contributions, one from Jacksonville and two from McClenny. Her only expense to date has been payment to a person from Jacksonville who is collecting petition signatures for her.

Speculation is that her candidacy is only to guarantee that the election for School Superintendent, the highest paid elected county office, will be decided in the Republican Primary. That means that teachers and others who normally register as Democrats will be prevented from voting in such an important race.

As those familiar with Nassau County schools know, during current Superintendent John Ruis’ tenure, our school ratings rose to rank among the best in the state. The quality of our schools is a factor in family relocation decisions and economic development decisions when companies consider relocation. Should all the voters not be able to vote in such an important race? As things stand right now, it looks as though unless you are a registered Republican, you will have been blocked from voting in what is already a hotly contested race.

Party principle vs. plain pragmatism

There comes a time when registered voters need to choose between party principle and having a voice in local elections. The reasoning behind instituting the Universal Primary was to eliminate partisan strongholds over elections in counties where one party dominates and fields all the candidates. It seemed to make sense to allow all registered voters to vote in a primary when the absence of opposition from another party meant that the results of the primary election would declare the winner.

But despite the intent of the constitutional amendment, politicians quickly discovered that they could retain party dominance—and restrict voter participation—by perfectly legal means like write-in candidates and third party candidates, who could withdraw from the race after the primary election was held.

But there is a way around the politicians for those voters determined to have a say in local elections normally decided in primaries that have been artificially “closed” through crafty campaign strategies: change party registration, just for the primary election cycle—then change back after the election. Is that intellectually honest? Perhaps not, but it does what the voters in Florida thought they were doing when they amended the state constitution via referendum in 1998—before the state legislators found clever but legal ways to subvert the will of the people.

The Nassau County Supervisor of Elections website www.votenassau.com is a rich source of information for both voters and candidates. Also, Supervisor Vicki Cannon and her staff are extremely knowledgeable and eager to address any questions or concerns that come their way.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.