Judge issues written order in Childers v. Bender

Judge Jennifer Frydrychowicz has released the order dismissing Bruce Childers’ motion to get on the August primary ballot.

Her analysis:

Childers failed to demonstrate a clear legal right (or a substantial likelihood of success on the merits).

  • The onus for filing full and public disclosure of financial interests is on the candidate, who signs a sworn statement when qualifying.
  • She found the “law is clear and unambiguous as to the candidate’s requirements.” Any complaints about the requirements should be directed to the Florida Legislature.

There is an unavailability of an adequate remedy at law.

  • Childers did not seek monetary damages but wanted the ability to run for office.

Childers failed to prove irreparable harm.

  • Childers cannot be put back on the ballot because he never was on the ballot. He was not “deprived of the right to run for office.”

Childers failed to prove that the requested relief would serve the public interest.

  • A judiciary that consistently adheres to the rule of law best serves the public’s interest.

Conclusion

Bruce Childers failed to file the complete sworn statement of his full and public disclosure of his financial interests before the qualifying deadline of June 14, 2024, at noon, which is required by law.

  • He was not certified as a qualified candidate to the Division of Elections, and thus, the issue before the Court is not whether to put him back on the ballot but to unilaterally place him on the ballot. This Court is bound by the law as it is written, and no authority has been provided that would enable the Court to grant such drastic relief.

Bruce failed to prove his clear legal right to placement on the ballot.

Read Order to Dismiss-Childers

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