Unsafe At This Speed: Is There An Exhaustion Requirement for Presidential Elections?
The Florida Supreme Court recently reversed the trial judge’s order enjoining Secretary of State Glenda Hood from certifying Ralph Nader and Peter Camejo as candidates for the Florida 2004 presidential ballot. Reform Party of Florida v. Black, Case No. SC04-1755, __ So.2d __ (Fla., Sept. 17, 2004). As the case involved a challenge to administrative action—here, the certification by the Secretary of State—administrative lawyers probably wonder: why weren’t the plaintiffs first required (or allowed) to exhaust their administrative remedies before seeking judicial review?