Federal judge sends case sent back to state court

[Judi Lynn]

Posted on Tue, Sep. 14, 2004

Federal judge sends case sent back to state court

JACKIE HALLIFAX
Associated Press


TALLAHASSEE, Fla. - A federal judge Tuesday declined to get involved in the legal battle over Ralph Nader and the Florida ballot, clearing the way for a key hearing in state court Wednesday.

U.S. District Judge Stephan Mickle issued an order late Tuesday afternoon, saying the Reform Party had failed to present "a valid federal question" to justify the transfer of the case. The state Democrat Party, which challenged Nader's placement on the ballot earlier this month, had opposed the transfer.

The jurisdictional tug-of-war came on the heels of Nader's return to the ballot.Florida's top elections official Monday directed county elections supervisors to put Nader's name on ballots that must be printed in time for absentee ballots to be mailed by Saturday.

Just last week, a state judge ordered that Nader's name be kept off the ballot after finding the Reform Party didn't qualify as a bona fide political party.But Secretary of State Glenda Hood appealed that order on Monday, which triggered an automatic suspension of the order by Circuit Judge P. Kevin Davey.

Davey has the power to reimpose his order, but he was out of town.
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http://www.miami.com/mld/miamiherald/news/state/9662436.htm
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