Editor’s Note: In a May 7 story headlined, “Democrat doesn’t qualify for race to unseat Posey, claims ‘paperwork error’,” Scripps Treasure Coast Newspapers reporter Isadora Rangel was short on facts and long on insinuations. Without any clear basis for doing so, Rangel seemed to draw a connection between Corry Westbrook’s failure to meet the requirements of a late change in qualifying procedures and Vero Beach resident Patricia Lavins accusation that Westbrook committed voter fraud when she registered to vote in Florida in 2013.

Lavins filed a formal complaint with the Florida Department of Law Enforcement alleging Westbrook was not a Florida resident when she obtained a voter registration card in Feb. 2013.  Lavin’s allegation, according to an FDLE spokesman, is still under investigation.

Westbrook’s failure to sign an amended oath does not appear to be connected to Lavins’ allegation, which she has reiterated in literally hundreds of emails sent to Westbrook and her supporters.

Below, in her own words, is Westbrook’s explanation of why she failed to qualify to be on the ballot in the August primary election.  Also below, are copies of related documents.

GUEST COMMENTARY

CORRY WESTBROOK

I want the public to understand why my name will not be on the ballot in August.

On March 28, 2014 the Florida Division of Elections posted a memo online changing the qualifying procedures. It was not mailed to any candidates that I have communicated with. It was only posted on the Florida Department of State Division of Elections website.

Prior to this change, I received a letter from the Florida Division of Elections (FDE) on March 24, 2014 stating the supervisors of elections had certified that we obtained the required amount of valid signatures to be placed on the ballot. I, and others, assumed the letter meant we were set.

The letter did not include a reference to an oath nor any statement such as, “make sure you submit the oath between noon on April 28^th and noon on May 2^nd” or “check the web site for new details to complete qualifying process” – even though I received the letter the same week they posted the memo explaining the new qualifying procedures on their website.

I had no idea that I had to take an oath within this new time period.

On Friday May 2, David Cox, a candidate from Volusia County, called and informed my campaign manager that he noticed I was not considered eligible. He saw this while in Tallahassee and checked the web site. He spoke to my campaign manager around 11:00. I was informed at 11:10 am.

As soon as I heard the news I made some calls and immediately went to the Indian River County Supervisor of Elections, Leslie Swan. Ms. Swan and her staff helped me complete and fax the oath from her office to the FDE.

It was received at 12:02 pm in Tallahassee – two minutes late.

A fax was not acceptable so I jumped in the car and drove to Tallahassee. Due to rain and traffic, I arrived after 5 pm. I drove back Sunday night and spoke to Kristi Bronson, Chief, Bureau of Election Records, first thing Monday morning and submitted the proper paperwork but she informed me it was too late. Because of the weekend delay the form was technically less than 24 hours late. Ms. Bronson said the only way to change my status was to go to court, but added it never works.

Since I took the oath and had 5,128 registered voters say they wanted me on the ballot by filling out the petitions, I think it is irresponsible that the state can suppress the will of the people just for turning in a piece of paper late. In this case the punishment seems wildly disproportionate to the mistake and there is no recourse or appeal process so that reasonable people could consider all the circumstances and impacts.

The FDE claims that a letter I received on June 13, 2013 stating it was my responsibility to read and follow the requirements of the Florida election laws and check the web site for updates was enough. I disagree that a reference almost a year ago was enough and I think that the letter I received from them dated March 24^th 2014 should have included a simple reminder.

I spent several hours with lawyers trying to find a remedy for the situation but we could not. I spoke to lawyers who specialize in election law and one had gone to court three times to address candidates being late with the oath and he lost all three cases.

I assumed full responsibility for the mistake and late afternoon Monday May 5^th, I informed my volunteers and supporters of the situation.

My voter registration number has been certified in the SOE office for over a year. Leslie Swan and I neglected to add my voter registration number to the oath form. I asked FDE staff in Tallahassee if the absence of the number would have disqualified me and was told absolutely not. I was disqualified was because the form was late.

In the days that followed, we began to look into the process and how this mistake could have happened. Campaigns are intense and a lot of hard work, but getting on the ballot should be obvious and a top priority.

We found that the system benefits incumbents. We found that because the process to write a check to get on the ballot is complex, candidates that paid to get on the ballot were far more inclined to see the oath requirements because the language for writing and submitting a check is intertwined with the instructions for the oath. And remember, the instructions were in a memo which was posted on the web site and never provided to candidates. We found that candidates that were first-time challengers and qualified with petitions had the most problems.

Very few challengers go the petition route to qualify. There were three first time candidates that qualified with petitions and two of the three submitted two versions of the oath during the qualifying period.

However, confusion over the oath is not limited to challengers going the petition route. Daniel Webster and Gus Bilirakis also submitted two versions of the oath. David Cox learned he had a problem and rushed to Tallahassee when he realized he had to pay and learned of the oath requirement. The process and forms are complicated and almost seem designed to trip up new challengers.

This is frustrating because if the trend is clear to us, one would think the Florida Department of State Bureau of Elections and the Florida Democratic Party would take simple measures to improve communications. I plan to make suggestions to both to help ensure this never happens to hardworking candidates again – from all parties. A simple letter from the State and email/phone call from the parties could help eliminate this problem in the future.

I am devastated by my mistake. However, I am very proud of my volunteers and the campaign because we raised important issues – environment, economic growth, equality, and transparency in government – and provided real solutions to problems. We also put a spotlight on Posey’s terrible voting record.