Debbie Mayfield v. Secretary, Florida Department of State

CourtSupreme Court of Florida
DecidedFebruary 13, 2025
DocketSC2025-0162
StatusPublished

This text of Debbie Mayfield v. Secretary, Florida Department of State (Debbie Mayfield v. Secretary, Florida Department of State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Debbie Mayfield v. Secretary, Florida Department of State, (Fla. 2025).

Opinion

Supreme Court of Florida ____________

No. SC2025-0162 ____________

DEBBIE MAYFIELD, Petitioner,

vs.

SECRETARY, FLORIDA DEPARTMENT OF STATE, et al., Respondents.

February 13, 2025

GROSSHANS, J.

This election case stems from a dispute that arose when

Respondents—the Secretary of State and Director of the Division of

Elections (collectively “Secretary”)—refused to place Petitioner

Deborah Mayfield on the special election ballot for a senate seat in

Brevard County. That refusal was based on the Secretary’s

interpretation of a constitutional provision creating term limits for

certain elective offices, including state senator. Arguing that the

Secretary misapprehended his authority and failed to properly fulfill

his statutory duty, Mayfield asks us to issue writs of mandamus and quo warranto. For the reasons given below, we grant Mayfield’s

petition for mandamus relief. 1

I

Mayfield was first elected to the Florida House of

Representatives in 2008 and served in that office for eight years.

Following that, she was elected to the Florida Senate, serving in

Senate District 17 for six years and Senate District 19 (SD 19) for

two. Her most recent term ended in November 2024.

At the completion of her Senate term, she ran for and won

election to the Florida House of Representatives. She was sworn in

on November 19, 2024, as the representative from District 32.

Early into that term, Mayfield learned that Senator Randy Fine—the

new holder of SD 19—would be resigning to run for federal office.

On January 21, 2025, the Governor issued an executive order,

calling for a special election in SD 19. Under that order, the special

election primary is set for April 1, 2025, with the general election to

take place on June 10, 2025. Days after the executive order issued,

Mayfield completed and submitted the appropriate paperwork to

1. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const.

-2- qualify as a candidate—doing so before the deadline set by the

Secretary’s notice. 2 This paperwork included a completed oath of

office, a filing fee in the form of a check, and certain notarized

forms.

On February 5, the Department of State’s Director of the

Division of Elections informed Mayfield that she did not qualify for

placement on the ballot. As the sole reason given for Mayfield’s

disqualification, the notice stated, “Upon review and consultation

with counsel regarding your candidacy for state senate district 19,

the Division of Elections has determined that your name cannot

appear on the special election ballot, as it violates article VI, section

4 of the Florida Constitution.” The next day, Mayfield filed the

petition at issue in this case.

II

Florida’s constitution gives this Court the authority to issue

writs of quo warranto and mandamus, see art. V, § 3(b)(8), Fla.

2. See § 99.061(7), Fla. Stat. (2024) (listing required items for qualification); § 101.252, Fla. Stat. (2024) (describing right to appear on ballot as “entitlement” if candidate is qualified); § 100.141, Fla. Stat. (2024) (requiring issuance of order and notice of special election).

-3- Const.—both being “extraordinary” writs that have common law

roots. See Richardson v. Sec’y, Fla. Agency for Health Care Admin.,

395 So. 3d 500, 504 (Fla. 2024) (“In its earliest applications, we

described the writ as narrow and limited by its common law

roots.”); State ex rel. Buckwalter v. City of Lakeland, 150 So. 508,

511 (Fla. 1933) (“A writ of mandamus is a common-law writ used to

coerce the performance of any and all official duties where the

official charged by law with the performance of such duty refused or

failed to perform the same . . . .”); Vassar v. State ex rel. Gleason,

190 So. 434, 435 (Fla. 1939) (noting “common law” origin).

Mandamus is a discretionary writ that offers relief only in

narrow circumstances. The limited scope of this writ is reflected in

the demanding standard governing its issuance. In describing that

standard, we have said that “the petitioner must have a clear legal

right to the requested relief, the respondent must have an

indisputable legal duty to perform the requested action, and the

petitioner must have no other adequate remedy available.” Pleus v.

Crist, 14 So. 3d 941, 945 (Fla. 2009) (quoting Huffman v. State, 813

So. 2d 10, 11 (Fla. 2000)); see also State ex rel. Knott v. Haskell, 72

So. 651, 659 (Fla. 1916) (“The writ of mandamus is granted by the

-4- courts to enforce the performance of a ministerial duty imposed by

law where such duty has not been performed as the law requires.

Such writ issues only when the law affords no other adequate

remedy; and where the writ is applicable it should be framed so as

to meet the exigencies of the case.”).

A

With this backdrop, we now consider whether there are legal

rights and duties sufficient to support a writ of mandamus in this

case. Contained in chapters 97 through 106, Florida’s election code

establishes a comprehensive body of law on the topic of elections,

including rules regulating candidate qualification.

In the chapter governing candidates, the applicable language

defines the term “qualify” as “to fulfill the requirements set forth in

s. 99.061(7)(a).” § 99.012(1)(b), Fla. Stat. (2024). Section

99.061(7)(a), in turn, lists the specific items that must be submitted

to a filing officer within the qualifying period “[i]n order for a

candidate to be qualified.” 3 This list consists of proper payment of

3. The filing officer may be with the Department of State, or a local supervisor of elections office for certain elected county positions. See, e.g., § 106.07(2)(a)(1.), Fla. Stat. (2024);

-5- the filing fee, the candidate’s oath, a written statement of party

affiliation, a form specifying the campaign treasurer and campaign

depository, and a statement of financial interest. § 99.061(7)(a).

Once the paperwork has been submitted, the filing officer carries

out a narrow review function. See § 99.061(7)(c). The statute

specifically circumscribes the responsibilities of the filing officer as

follows:

The filing officer performs a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required by paragraph (a) have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified pursuant to s. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.

Id.

If the papers are incomplete, it is the obligation of the filing

officer to make a reasonable effort to apprise the candidate “of the

missing or incomplete items” and also “inform” the candidate of the

filing deadline. § 99.061(7)(b). No other requirements for

§ 106.0702(2)(a), Fla. Stat. (2024); § 106.0703(1)(e), Fla. Stat. (2024).

-6- qualification are listed in section 99.061(7)(a), and no other tasks

are assigned to the filing officer with respect to review of the

qualifying papers. 4

Notably, once the candidate qualifies under this statute, the

Department of State “shall certify to the supervisor of elections,

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Related

Whitehouse v. Illinois Central Railroad
349 U.S. 366 (Supreme Court, 1955)
State Ex Rel. Haft v. Adams
238 So. 2d 843 (Supreme Court of Florida, 1970)
Huffman v. State
813 So. 2d 10 (Supreme Court of Florida, 2000)
Attorney General Ex Rel. Taylor v. Crawford
116 So. 41 (Supreme Court of Florida, 1928)
State Ex Rel. Buckwalter v. City of Lakeland
150 So. 508 (Supreme Court of Florida, 1933)
State Ex Rel. Perkins v. Lee
194 So. 315 (Supreme Court of Florida, 1940)
Vassar v. State Ex Rel. Gleason
190 So. 434 (Supreme Court of Florida, 1939)
Pleus v. Crist
14 So. 3d 941 (Supreme Court of Florida, 2009)
Joyner v. Florida House of Representatives
163 So. 3d 503 (Supreme Court of Florida, 2015)
Whiley v. Scott
79 So. 3d 702 (Supreme Court of Florida, 2011)
Southwest Airlines Co. v. Saxon
596 U.S. 450 (Supreme Court, 2022)

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