PER CURIAM.
This appeal arises from a trial court order declaring that Tyron Francois was not a qualified write-in candidate for the office of Broward County Commissioner for District 2 and opening the Democratic Primary for that office to all registered
Five candidates for Broward County Commissioner for District 2, all Democrats, qualified to have their names printed on the ballot for the August 2014 primary election. No Republican or Independent candidates filed qualifying papers. Francois, a sixth candidate and also a Democrat, filed qualifying paperwork to run as a write-in candidate. As a duly qualified write-in candidate, a blank space on the ballot for the November 2014 general election would have been provided to allow voters to write in Francois's name as their vote for the county commissioner to serve District 2.
Appellee Brinkmann, a resident voter, filed a complaint in the circuit court, alleging that Francois was not properly qualified to be a write-in candidate because he did not physically live within the boundaries of the district as required by section 99.0615, Florida Statutes (2014). Brinkmann also sought an order forcing the primary election to be opened to all voters pursuant to the UPA. Francois conceded below, as he does on appeal, that he did not live in the district at the time he filed papers to qualify as a write-in candidate. However, he contends that section 99.0615 is facially unconstitutional because it conflicts with the Florida Constitution and violates equal protection. After an evidentiary hearing, the circuit court found that section 99.0615 is constitutional and disqualified Francois as a write-in candidate. The circuit court also entered an injunction that opened the primary election to all registered voters.
Francois argues that section 99.0615 is facially unconstitutional because it conflicts with the language of the Florida Constitution, according to supreme court interpretation, and constitutes a denial of equal protection. Francois also contends that because the circuit court's decision to issue an injunction was based on its decision to
Because the issue of disqualification in this case involves interpretation of the Florida Constitution, our review is de novo. Browning v. Florida Hometown Democracy, Inc. PAC, 29 So.3d 1053, 1063 (Fla.2010).
Statutes regulating the conduct of elections come to the court with "an extremely strong presumption of validity." Pasco v. Heggen, 314 So.2d 1, 3 (Fla.1975) (citing Bodner v. Gray, 129 So.2d 419, 421 (Fla.1961)). Moreover, "only unreasonable or unnecessary restraints on the elective process are prohibited." Id. (citing State v. Dillon, 32 Fla. 545, 14 So. 383 (Fla. 1893)). The Florida Supreme Court has explained that in order to hold a legislative act unconstitutional, courts "must be convinced beyond a reasonable doubt that the act contravenes the superior law." Mairs v. Peters, 52 So.2d 793, 795 (Fla.1951).
The crux of Francois's argument is that section 99.0615 is unconstitutional because the timing of its residency requirement for write-in candidates at the time of qualifying conflicts with the timing of the residency requirement for county commission candidates at the time of election as determined by the Florida Supreme Court in decisions interpreting Article VIII, section 1(e) of the the Florida Constitution.
Article VIII, section 1(e) of the Florida Constitution states:
Art. VIII, § 1(e), Fla. Const. (emphasis added). In State v. Grassi, 532 So.2d 1055, 1056 (Fla.1988), our supreme court construed the constitutional provision regarding the residency requirement for county commissioners and stated "[t]he Florida Constitution requires residency at the time of election." (emphasis added). It then held unconstitutional a statute which required a candidate for county commissioner to live in the district in which he sought to run at the time of qualification for the office.
Section 99.0615, a one-sentence statute applicable to only write-in candidates, states that: "At the time of qualification, all write-in candidates must reside within the district represented by the office sought." § 99.0615, Fla. Stat. (2014) (emphasis added). Thus, Grassi addressed an identical claim as is present in this case.
In addition to Grassi, Francois argues that several cases have consistently held that "[n]o statute can add to or take from the qualifications for office set forth in the Constitution." Norman v. Ambler, 46 So.3d 178, 183 (Fla. 1st DCA 2010); see also Wilson v. Newell, 223 So.2d 734, 735-36 (Fla.1969) (holding, under a previous version of the Florida Constitution, that a statute imposing an additional residency qualification for candidates for county commission was facially "unconstitutional, invalid and ineffective because it prescribes qualifications for the office of County Commission in addition to those prescribed by the Constitution").
Reversed and remanded.
WARNER, GROSS and CONNER, JJ., concur.