Officials Charged With Carrying Out Election Process Only for Compelling Reasons Depart from Essential Requirements of Law
Courts to Overturn Judgement of Officials Duly Charged with Carrying Out Election Process Only for Compelling Reasons Depart from Essential Requirements of Law:
In Krivanek v. Take Back Tampa Political Committee, 625 So. 2d 840 (Fla 1993), the court said:
The court acknowledged that election laws should generally be liberally construed in favor of an elector.
However, the judgment of officials duly charged with carrying out the election process should be presumed correct if reasonable and not in derogation of the law. Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975), cert. denied, 425 U.S. 967, 96 S. Ct. 2162, 48 L. Ed. 2d 791 (1976).
As noted in Boardman:
The election process is subject to legislative prescription and constitutional command and is committed to the executive branch of government through duly designated officials all charged with specific duties. . . . the judgments of those officials are entitled to be regarded by the courts as presumptively correct and if rational and not clearly outside legal requirements should be upheld rather than substituted by the impression a particular judge or panel of judges might deem more appropriate.
It is certainly the intent of the constitution and the legislature that the results of elections are to be efficiently, honestly and promptly ascertained by election officials to whom some latitude of judgment is accorded, and that courts are to overturn such determinations only for compelling reasons when there are clear, substantial departures from essential requirements of law.