Since disgraced Republican Congressman Mark Foley resigned his seat in the wake of the House page scandal, the contest over Florida's 16th Congressional District has been pitted between the Democrat's Tim Mahoney, and the Republican's substitute candidate for Foley, state representative Joe Negron.

Because the Foley scandal did not break until after the legal deadline in Florida for switching a candidate's name on a ballot (some would say the scandal was held until after this deadline, to screw the GOP), Mark Foley's name is still on the ballot.  All of his votes, however, will automatically transfer to Negron.  Voters in the 16th District who want to vote Republican will have to vote for Mark Foley, at least on paper.

Whether those voters know that a vote for Foley is really a vote for Negron has been the subject of intense debate over the past couple of weeks.  From the Times:

Dawn Roberts, supervisor of the State Elections Division, had advised supervisors in the eight counties in the 16th Congressional District, stretching across the state from Palm Beach to Charlotte County, to post notices explaining that votes for Mr. Foley would go to Mr. Negron.

Ms. Roberts advised that the note be posted at all early voting sites, polling places and, preferably, in all voting booths.  She also advised that it be sent with absentee ballots.

The elections supervisors disagreed, saying state law clearly prevented them from doing so.

The case ended up in court, and Wednesday, the "Foley-only" position prevailed:


A judge on Wednesday barred election supervisors from posting signs in polling places explaining that votes cast for former Representative Mark Foley would go to the substitute candidate.

Judge Ferris, ruling on a complaint by the Florida Democratic Party, said the Legislature had not authorized such postings in its law on replacement candidates.  The law requires the original candidate’s name to be the ballot if the change is made after the primary results have been certified.

“The court is not at liberty to question the Legislature’s decision or its judgment in enacting the statute,” the judge wrote.  “And there can be little doubt that it understood the confusion likely to result where voters know that the person reflected on the ballot is no longer seeking the position.”


Of course, she's right.  Nowhere in the language of the bill the Florida Legislature passed does it allow for these postings.  Had the judge ruled the other way, she would have been doing that thing conservatives just hate: "legislating from the bench".

And of course, this ruling can only help the Democrats.  The fewer Republican voters aware they can vote for Foley knowing it's really a vote for Negron, the better for the Dems.  It's an otherwise solidly Republican district.  The only chances the Dems have of taking it are that their candidate Mahoney is a Christian conservative and former Republican, and that Foley's name is too radioactive to get people to the polls on Negron's behalf. 

But do the Democrats really want to be the party of misinformation?  The bottom line is, a Republican who wants to vote for the actual candidate, should know who the actual candidate really is.  This close to Election Day, they should be provided a lot of information on who the actual candidate is—especially for a real candidate whose name, unfortunately, is not even going to appear on the ballot! 

What would we say if the  Democratic Congressman of a liberal district resigned in disgrace, and his socially moderate, Republican opponent blocked the Election Commission from advertising who the Democrat's replacement candidate was? 

The Democrats got so upset—and rightfully so—over the disenfranchisement of voters in Florida in the 2000 and 2004 elections.  That was the principled position.  We should be applying it to the Republican folks of Florida, as well as the Democratic folks.  The postings should have been allowed to go up.