Legal Opinion · Dissent

Yorty v. Stone

Supreme Court of Florida

Decided February 22, 1972No. 42045Published

1DissentErvin, Justice

We are concerned today with the constitutionality of Section 103.101(4), Florida Statutes, F.S.A., which provides:

“A candidate’s name shall be printed on the Florida presidential preference primary ballot unless he submits to the department of state by noon February IS in each year a presidential preference primary is held, an affidavit stating without qualification that he is not now, and does not presently intend to become a candidate for president at the upcoming nominating convention. If a candidate withdraws pursuant to this act, the department of state shall notify the state executive…

2Cases cited4 opinions

  1. Cason v. BaskinSupreme Court of Florida · 1944
  2. State Ex Rel. Lafollette v. HinkleWashington Supreme Court · 1924
  3. Battaglia v. AdamsSupreme Court of Florida · 1964
  4. Beller v. AdamsSupreme Court of Florida · 1970

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