In the opening paragraph of its decision in Harris v. Moore, Florida’s Fourth District Court of Appeal summarized its holding as follows: “We reverse an order requiring that a proposed referendum ballot question be stricken from the Broward County ballot in the March 14, 2000, election.” For a Supervisor of Elections, in particular the Broward County Supervisor of Elections in this case, the words “stricken from the . . . ballot” provoke anxiety and uncertainties that often go overlooked by the real parties in interest in an election dispute.
The Supervisor of Elections is the instrument to provide relief in election disputes. The Supervisor of Elections takes on a unique role in such litigation: he or she usually takes no position on the main issue or underlying dispute, but must position himself or herself as to the relief sought in such disputes. Election lawsuits frequently reach their crescendo in the days and weeks leading up to the election. In election disputes of the nature involved in Harris v. Moore, there are two issues: (1) Who is right on the merits and (2) how to effectuate relief? How to effectuate relief is frequently treated as a collateral issue, but it should be the only real issue for a Supervisor of Elections.