#AskJAXTDY | Can a judicial candidate advertise herself as ‘conservative’?

Q: Jacksonville Today reader Kevin E. wonders why a local judicial candidate is allowed to advertise herself as a conservative in a nonpartisan race.

Nancy Cleaveland and Ashley Wells Cox are competing for a judgeship in the Florida 4th Circuit Court during the primary election Aug. 20. Neither is the incumbent.

If judicial elections are nonpartisan, Kevin asks, how does Cleaveland “get away with having the banner and speech about being a lifelong conservative” in her television advertisements?

“Also, I got a flyer mailed to me from her, and the word ‘conservative’ is not on it,” Kevin said. “Does this violate any laws or regulations? I also wonder if the conservative banner was removed from my address mailer because of my past political party registrations.”

A: Duval County Supervisor of Elections Jerry Holland says judicial candidates cannot advertise a political party, but “stating conservative does not violate that requirement.”

The Florida statute regarding judicial candidates explains it as well.

The statute says candidates cannot participate in any partisan political party activities, other than registering to vote as a member of a political party. They cannot campaign as a member of any political party or advertise themselves as a member of one.

Candidates also cannot endorse any candidate; make political speeches other than on their own behalf; make contributions to political party funds; or solicit or accept contributions from any political party. And they cannot make any contribution to any person, group or organization for its endorsement to judicial office.

A judicial candidate who violates the provisions could be fined up to $1,000, as determined by the Florida Elections Commission, the statute says.

The Florida Supreme Court took the same position last month in a case involving a St. Johns County judge. The court reprimanded Judge Casey Woolsey for a misleading post on social media, but justices said she did not violate rules by identifying herself as a conservative.

“To describe oneself as a ‘conservative’ does not signal bias (pro or con) toward anyone or on any issue. Nor does it reasonably call into doubt the fairness of any future judicial proceeding involving the candidate,” the unanimous decision said. “In political and legal discourse, ‘conservative’ is an indeterminate word of many meanings and connotations. Even if we assume that a candidate might use the word ‘conservative’ to associate herself with certain unstated views or personal dispositions, this (Supreme) Court has already observed that ‘our judicial code does not prohibit a candidate from discussing his or her philosophical beliefs.’

Woolsey was accused of approving a social media post that suggested she had raised $100,000 from contributors when $50,000 came from a loan Woolsey made to the campaign.

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