# 17

II-3.3000
II-3.5000
II-3.6000

June 16, 1992

DJ# 192-T2-00236

XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
Orlando, Florida 32822

Dear Mr. XXXXXX:

This letter responds to your complaint filed with our office

under title II of the Americans With Disabilities Act (ADA).
Title II of the ADA protects qualified individuals with
disabilities from discrimination in the services, programs, and
activities of a State or local government. You have requested an
expedited determination from this office due to your need for a
decision prior to June 22, 1992.

You are seeking to be placed on the ballot as a nominee for

State Representative for the 37th District to the Florida House
of Representatives for the Democratic Party primary in September
1992. You contend that Florida's nomination process
discriminates against you on the basis of your disability.

In Florida, there are two methods for having one's name

placed on a party's primary ballot for a State office. First, an
individual can pay a qualifying fee, which is a percentage of the
salary of the position sought. Fla. Stat. Ann. { 99.092. In
your case, you state that you are unable to pay the qualifying
fee which would be $1600.00. Second, if an individual does not
wish to pay the qualifying fee, he or she may qualify for
placement on the primary ballot by the petition method by
collecting signatures on petitions from three percent of the
voters registered in the party in the district where the
individual is running. Fla. Stat. Ann. { 99.095. You allege
that you need to collect 1072 signatures, which must be filed by
June 22, 1992.

Those individuals selecting the petition alternative,

"... shall file an oath with the officer before whom the
candidate would qualify for the office stating that he intends to
qualify by this alternative method for the office sought." Fla.
Stat. Ann. { 99.095(1). In addition, "[t]he oath shall be filed
at any time after the first Tuesday after the first Monday in
January of the year in which the first primary is held, but prior
to the 21st day preceding the first day of qualifying for the
office sought." Id. Once the oath is filed, an individual and
his or her supporters may start collecting signatures from
qualified registered voters. We have been informed by a
representative of the Division of Elections, Florida Department
of State, that the Division has never granted a waiver of the
petition requirement because it has no authority to do so.

You allege that you have numerous medical conditions that

greatly affect your mobility. As compared to other potential
candidates who may use the petition process, you claim that you
are discriminated against because you cannot walk door-to-door to
collect signatures due to your mobility impairment.

Assuming for purposes of our analysis that you are a

qualified individual with a disability, we conclude that the
Florida law does not discriminatorily affect you because of your
mobility impairment. Florida provides over five months to
collect signatures. Individuals who seek nomination through the
petition process are not required personally to collect the
signatures. Rather, any individual may gather signatures on your
behalf. Further, the Florida law does not require that an
individual go door-to-door to collect signatures. An individual
may gather signatures at any site where qualified registered
voters congregate, such as shopping malls, public parks,
recreational sites, public buildings, or other areas. In
addition, according to the Division of Elections, an individual
may mail petitions to potential supporters in his or her district
for signing. Thus, an individual need not be able to walk in
order to collect signatures.

The ADA provides for equality of opportunity, but does not

guarantee equality of results. The basis for many of the
specific requirements of the Department's title II regulation is
the principle that individuals with disabilities must be afforded
an equal and effective opportunity to participate in or benefit
from a public entity's aids, benefits, and services. In this
instance, we conclude that the Florida election laws conform to
these requirements of title II with respect to your claims of
discrimination.

This letter constitutes our letter of findings with respect

to your allegations of discrimination in your administrative
complaint. If you are dissatisfied with our determination, you
may file a complaint presenting your allegations of
discrimination in an appropriate United States District Court
under title II of the ADA.

This letter does not address other potential claims of

discrimination on the basis of disability that may arise under
the Florida election laws. Rather, this letter is limited to the
application of the Florida election laws to the allegations
presented in your complaint.

Under the Freedom of Information Act, 5 U.S.C. { 552, we may

be required to release this letter and other correspondence and
records related to your complaint in response to a request from a
third party. Should we receive such a request, we will
safeguard, to the extent permitted by the Freedom of Information
Act and the Privacy Act, the release of information which could
constitute an unwarranted invasion of your or other's privacy.

Sincerely,

Stewart B. Oneglia
Chief
Coordination & Review Section
Civil Rights Division

cc: Dorothy Joyce, Director

Division of Elections
Florida Department of State