Background
Morey Wright, Jr., the incumbent candidate for City of Tamarac Commissioner, District 2, filed a campaign-treasurer and depository form in October 2025 that named Wells Fargo but did not identify the bank as either a primary or secondary campaign depository. On the final day of the 2026 qualifying period, Wright filed another Form DS-DE 9 and personally signed a qualifying-fee check drawn on an account named “Morey Wright Campaign.”
The 2026 form left several required items incomplete. It did not identify the filing as an initial filing or refiling, specify whether Wright was appointing a treasurer or deputy treasurer, name or designate a campaign depository, or contain the required signature accepting appointment as treasurer or deputy treasurer. Although the city clerk accepted the documents and deemed Wright qualified, his only opponent, Mike Gelin, sued for declaratory and injunctive relief. Following a nonjury trial, the circuit court disqualified Wright from the ballot.
The Court’s Holding
The Fourth District affirmed. It held that Wright failed to satisfy the mandatory qualification requirements in sections 99.061(7)(a)1. and 99.061(7)(a)5., Florida Statutes. Because Wright never designated a primary campaign depository and did not properly appoint himself as deputy treasurer, his personally signed check was not a properly executed check drawn on the primary campaign account and signed by an authorized campaign treasurer or deputy treasurer.
The court rejected Wright’s substantial-compliance argument because proper payment of the qualifying fee and submission of a completed campaign-treasurer and depository form are basic qualification requirements that must be strictly enforced. The clerk’s acceptance of the filing did not cure its defects, and because Wright submitted the 2026 form on the final qualifying day, the clerk had no statutory duty to make a reasonable effort to notify him of missing or incomplete items. The court did not decide whether Wright also failed to comply with section 99.061(7)(a)7.
Key Takeaways
- A candidate must timely submit a completed form appointing a campaign treasurer and designating a primary campaign depository.
- A qualifying-fee check must be drawn on the designated primary campaign account and signed by a properly appointed campaign treasurer or deputy treasurer.
- Substantial compliance and a filing officer’s acceptance cannot cure defects in mandatory, basic qualification requirements.
Why It Matters
The decision underscores that Florida courts strictly enforce the statutory prerequisites for ballot qualification, even when disqualification produces a harsh result. Candidates cannot rely on partially completed forms, the filing officer’s acceptance, or substantial compliance to remedy defects in campaign-account designations and qualifying-fee payments.