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Final Hearing to Disqualify Rebekah Jones Set for August 5th [1]

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Date: 2022-07-23

On August 5th, a final hearing will be held to determine if Rebekah Jones broke Florida's state election eligibility laws.

Representatives from both Democratic candidates, Peggy Schiller and Rebekah Jones, of Florida’s First Congressional District, met during an expedited pre-trial hearing scheduled on Friday, July 22nd.

During this meeting, Judge John Cooper of Florida’s 2nd Judicial Circuit scheduled a final hearing to take place on August 5th. The delayed timing of the final hearing is due in part to the fact that Rebekah Jones announced she tested positive for COVID.

At the pre-trial hearing, it was determined that because ballots have already been printed and mailed to some voters, physically removing Rebekah Jones’s name from the ballot is not possible. Therefore, the final hearing will instead determine whether or not to order the Supervisors of Elections (SOEs) NOT to count votes cast for Jones based on her ineligibility for candidacy.

Contrary to Jones’s victory proclamation, no official ruling was made at the pre-trial hearing. The final ruling will be issued on August 5th.

The Schiller campaign did not seek out the information demonstrating Jones’s ineligibility for candidacy; the evidence was presented to the campaign by an anonymous source earlier this month. Schiller’s team acted in the best interest of the Democratic Party, further investigating this allegation to determine if it was true. Documentation was uncovered proving Jones is not eligible for candidacy based on her voter registration history.

Schiller states, “This is a legitimate complaint which speaks for itself. It is a straightforward case, and on August 5, we are confident the SOEs of all counties will be ordered to post notices that she is no longer on the ballot and not to count any votes cast for her. All candidates must comply with both federal and state regulations in order to qualify for public office, and there is no special exemption for Ms. Jones.”

According to public records and verified by the Montgomery County Board of Elections, certified copies of which are in Judge Cooper's hands, show Jones was registered as an Independent during the summer of 2021, causing her to be about 60 days shy of the 365-day period required for candidacy.

Jones registered on April 20, 2021, party Democrat

Jones registered on June 11, 2021, party Unaffiliated

Jones registered on August 11, 2021, party Democrat

Candidates for office sign an oath as a part of the qualifying process stating:

“I am a member of the Democratic Party ; I have been a registered member of this political party, for which I am seeking nomination as a candidate, for 365 days before the beginning of the qualifying preceding the general election for which I seek to qualify;”

Rebekah Jones signed the Candidate Oath on June 13, 2022. The qualifying period was June 13 - 17, 2022. Jones was required by law to be a registered Democrat from June 13, 2021 - June 13, 2022, in order to qualify, which she failed to do.

Signing this oath puts Jones in violation of the 2021 election statute 104.011, which states:

“A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree.”

On July 15th, Schiller filed a lawsuit against her opponent, Rebekah Jones. She did first pursue other options before filing suit. However, the administrative procedure for the State of Florida takes too long and would not be completed in time to act before the primary. This case needed to be officially adjudicated in order for the State’s Attorney to determine if a crime has been committed and if felony charges against Ms. Jones are warranted.

While this is a relatively new law adopted in 2021, it has already been applied in Florida. Republican Ashley Guy was found to have been registered as an Independent less than 365 days prior to qualifying. As a result, she voluntarily removed herself from the ballot.

And just last week, a Pinellas County judge ruled one of the two candidates for a Florida House race is ineligible to run. Austin Brownfield was removed from the ballot because he had not been registered as a Republican for the required 365-day timeframe.

Schiller says, “We are bringing this information to light not to be malicious. If Jones, as an ineligible candidate, is allowed to have votes cast for her and potentially win the primary on August 23rd, Republicans will most definitely pounce on this public information to have her removed from the ballot following the primary.

Ignoring Jones’s disqualification now would potentially leave the Democratic party without an eligible candidate on the ballot in November, ceding the election to the Republican party unchallenged.”

Schiller continues, “We are filing suit because it is in the best interest of both the Democratic Party and the constituents of the First Congressional District to ensure that the Republican candidate does not run unopposed in the general election.”

“I am a motivated, experienced, and qualified candidate who is more than ready to serve the great people of the First Congressional District,” says Schiller. “Candidates running for office take an oath and give their word. All candidates should be held accountable and – at a minimum – should meet the qualifications for candidacy before taking on the enormous responsibility of holding public office.”

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[1] Url: https://www.dailykos.com/stories/2022/7/23/2112183/-Final-Hearing-to-Disqualify-Rebekah-Jones-Set-for-August-5th

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