Sarasota Alliance for Fair Elections, Inc.

Summary

Justice Lewis, concurring in part and dissenting in part, agrees that the Florida Election Code does not preempt the field of election law and that the certified question should be answered negatively, but dissents from the majority’s view that all audit-related matters inherently conflict with the Code. He argues that audits are distinct from recounts and do not create a legal inconsistency, emphasizing local autonomy in ensuring equipment accuracy. Justice Polston, in a separate concurrence/dissent, concurs with the majority on preemption but argues that charter amendment sections 6.2A and 6.2B also conflict with the Election Code, and therefore should be held unconstitutional.