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Kappelmann v. Florida Elections Commission

Citations: 741 So. 2d 633; 1999 Fla. App. LEXIS 12690Docket: No. 98-3629

Court: District Court of Appeal of Florida; September 28, 1999; Florida; State Appellate Court

Narrative Opinion Summary

The court reversed the decision regarding the applicability of section 106.143(1)(b), stating it does not apply to individuals engaging in personal pamphleteering using only their own modest resources. This ruling is supported by precedents including McIntyre v. Ohio Elections Commission and Doe v. Mortham. Judges Davis and Benton concurred with the majority opinion, while Judge Padavano dissented, providing a separate opinion.

Legal Issues Addressed

Applicability of Section 106.143(1)(b)

Application: The court determined that section 106.143(1)(b) does not apply to individuals who are engaged in personal pamphleteering using only their own modest resources.

Reasoning: The court reversed the decision regarding the applicability of section 106.143(1)(b), stating it does not apply to individuals engaging in personal pamphleteering using only their own modest resources.

Judicial Opinions and Dissent

Application: While the majority opinion was supported by Judges Davis and Benton, Judge Padavano dissented, indicating a divided opinion on the case.

Reasoning: Judges Davis and Benton concurred with the majority opinion, while Judge Padavano dissented, providing a separate opinion.

Judicial Precedent in Election Law

Application: The court's decision was supported by previous cases, specifically citing McIntyre v. Ohio Elections Commission and Doe v. Mortham, to justify its interpretation of the law.

Reasoning: This ruling is supported by precedents including McIntyre v. Ohio Elections Commission and Doe v. Mortham.