Can a Political Rival Use Campaign Finance Law to Get You Removed From the Ballot?

A Florida circuit court had removed the candidate from the primary ballot based on allegations about the source of funds in his campaign account. Jared, with co-counsel DPW Legal, appealed to Florida's First District Court of Appeal — and the court reversed.

The ruling turned on two points. First, standing: enforcing Florida's campaign finance statutes is the job of the Florida Elections Commission, not a political opponent. A rival candidate simply isn't the right party to raise that kind of challenge. Second, the merits: even taking the allegation at face value, an alleged contribution violation doesn't undo an otherwise-proper ballot qualification.

For candidates and campaigns, the takeaway is straightforward — a ballot challenge built on campaign-finance allegations from an opponent, rather than the Elections Commission, is fighting on the wrong ground, and that's a real, appealable defense.

Torrens v. Shaw, No. 1D18-3600 (Fla. 1st DCA 2018). Published decision. Prior results do not guarantee a similar outcome.