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Nancy Argenziano sues to block part of Florida's new election law

 

Herald/Times Tallahassee Bureau

Former state Sen. Nancy Argenziano filed a lawsuit Friday challenging a new state law that prevents her from running for Congress as a Democrat.

Argenziano, 56, switched from the Republican Party to the Independent Party on June 3, but that was supposed to be temporary, she said. In August, she announced plans to run for the 2nd Congressional District seat as a Democrat but within days it became clear the state’s new election law prohibits her from changing parties again.

“I wanted to get the heck out of the 'R’ Party,” she said Friday. “My conscience wouldn’t allow me to stay there.”

Her lawsuit targets the “disaffiliation” provision, which prevents a candidate from changing parties less than a year before the start of the week-long qualifying period. Qualifying for 2012 congressional elections will be from June 4-8, 2012, so the cutoff was June 4 of this year.

Argenziano is asking the court to rule the provision unconstitutional because it bars her from seeking the Democratic nomination for the congressional seat or becoming affiliated with the Florida Democratic Party.

The election law, signed by Gov. Rick Scott on May 19, is the most controversial piece of legislation from the 2011 session. It made major changes such as reducing early voting from 14 days to eight and imposing fines on third-party voter registration groups if they do not submit all forms within 48 hours.

The provision Argenziano is challenging was largely overlooked and not debated publicly.

Secretary of State Kurt Browning is the defendant in her lawsuit filed in Leon County Circuit Court and assigned to Judge James Shelfer.

Department of State spokesman Chris Cate said Argenziano dropped off a copy Friday morning.

“We’ll begin reviewing it soon,” Cate said.

If she loses the lawsuit, Argenziano said she will continue to pursue the congressional seat as a member of the Independent Party. The 2nd District, which includes Tallahassee and Panama City, is currently represented by Republican Rep. Steve Southerland.

If voted in, she said, she would owe it to constituents to keep the Independent Party affiliation but would caucus with Democrats.

Tia Mitchell can be reached at tmitchell@tampabay.com or (850) 224-7263. Steve Bousquet can be reached at bousquet@tampabay.com or (850) 224-7263.
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