Davis v. Adams
Headline: Florida’s resignation-before-candidacy law temporarily blocked, allowing two local officials to stay on the Congressional ballot while courts decide if states can add qualifications for federal candidates.
Holding: A Justice granted emergency stays allowing two Florida local officials to remain on the U.S. House primary ballot while courts resolve whether the State may require officeholders to resign before running for federal office.
- Allows two Florida local officials to remain on the Congressional primary ballot.
- Preserves voters’ ability to choose while the law’s constitutionality is decided.
- If elected, winners could still face state challenges to their qualifications.
Summary
Background
The State of Florida passed a law requiring anyone holding a state elective office to resign before becoming a candidate for another office. The Florida Secretary of State applied the rule to bar William E. Davis, the sheriff of Escambia County, and James J. Ward, Jr., the mayor of Plantation, from running for the U.S. House. The Florida Supreme Court upheld the Secretary’s action, while a federal three-judge district court earlier invalidated the law as applied to another sheriff. The primary was scheduled for September 8, 1970, creating an urgent need for a decision.
Reasoning
The central question was whether Florida may add to or subtract from the qualifications set by federal law for candidates for federal office. Sitting as Circuit Justice, Mr. Justice Black said he was inclined to think the State had exceeded its constitutional power, but he had to weigh practical harm before the primary. He reasoned that denying relief could irreparably deprive the candidates of the right to run if the law were later held invalid, while granting relief would cause little harm even if the statute were later upheld. On that balance, he granted emergency stays allowing the two men to remain on the ballot.
Real world impact
The decision preserves these two names on the primary ballot and protects voters’ immediate choice while courts sort out the constitutional question. The ruling is temporary and not a final judgment on the law’s validity. If the State ultimately wins, it can still challenge any successful candidate’s qualifications after the election.
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