State Representative Randy Fine faces imminent disqualification from the upcoming election for Republican State Committeeman. This comes after allegations surfaced that his qualification paperwork, which was crucial for his candidacy, was improperly notarized and should have never been accepted by the Brevard County Supervisor of Elections.
We obtained a copy of Randy’s qualification documents for Republican State Committeeman. They were not properly notarized. The paperwork, strategically submitted by paid campaign staffer Jade Zalewski (also a notary) within the last minutes of the candidate qualifying period, lacked essential components required by Florida law. Within a minute, Jade also submitted the paperwork for Fine’s former campaign staffer and Moms for Liberty leader, Marie Rogerson, who is running as Fine’s counterpart as State Committeewoman.
Florida Statutes, Section 99.061(7)(b) mandates that all candidate qualification documents must be properly executed and filed within the designated timeframe. That time frame was June 14, at 12pm. Any failure to comply with these requirements results in the disqualification of the candidate. Fine’s documents, which were accepted despite being deficient, should have been rejected outright. When officials discover errors on a document, they must make a reasonable effort to inform the candidate to afford them the opportunity to correct it prior to the end of the qualification period. However, since Fine intentionally waited to the last minute to file the documents, and was out of the country at the same time; it would have been all but impossible for him to correct it had anyone noticed it in the first place. After the qualifying deadline, no changes to the documents can be made.
Key Issues with the Paperwork:
We spoke with the Florida Division of Elections which verified that the paperwork should have been rejected for not having a legal notarization. Election officials are only able to judge documents for sufficiency and completeness based off what within the 4-corners of the document. It is without question, the document is deficient and invalid. Given these deficiencies, election officials are expected to disqualify Fine despite his name appearing on the ballot. Ballots for the upcoming primary election have already been printed and mailed for those who have requested them.
According to Florida Statutes, Section 102.168, any election contest can be filed on grounds of illegal qualifications. Once the invalidity of Fine’s paperwork is officially recognized, he will be disqualified from the race, even if ballots have already been mailed to voters.
Fine’s case is not unique as there are several recent and ongoing cases of candidates being disqualified after the qualification period for facially deficient documents. Notably, the Citrus County Supervisor of Elections removed a candidate from the ballot for a deficiency on the same form as Fine’s. In that case, the candidate’s deficiency is much more nuanced, as he simply forgot to check the box “no” when asked if he owed any fees. The error was not caught until 18 days after the qualifying period had ended.
The Supervisor, “Mo” Baird, in removing the candidate, cited two Attorney General opinions that said mistakes caught on candidate qualifying forms must still be enforced even after the deadline has passed. She also said she sought direction from state elections officials.
Also this year, Tod Cloud running for the Florida House was disqualified for failing to have the same document notarized.
Additionally, in our own research, we found 4 cases that not only support the removal of Fine from the ballot for his clear fundamental failure, they all but demand it. In Smith v. Crawford, the court established that fundamental statutory requirements must be met for a candidate to qualify, and failing to do so justifies disqualification. Similarly, in State ex rel. Siegendorf v. Stone, the court upheld the authority of election officials to disqualify candidates who do not comply with essential requirements, emphasizing that such administrative decisions are presumptively correct. In Gadsden County Times, Inc. v. Horne, the court underscored the necessity of strict compliance with statutory requirements and supported the disqualification of candidates who fail to adhere to them. Lastly, in Hoover v. Mobley, the Florida Supreme Court emphasized the importance of adhering to statutory requirements and supported the election official’s decision to disqualify a candidate who failed to meet the necessary qualifications. This case supports the principle that such deficiencies cannot be overlooked, even if discovered after the qualifying period.
Collectively, these cases reinforce the principle that election laws are to be strictly followed, and officials are well within their rights to disqualify Fine for his clear failure to meet the required criteria.
At a substantial cost to taxpayers, if a candidate is disqualified after ballots have been printed and mailed, the Supervisor of Elections’ office must take specific steps to inform voters and ensure the integrity of the election process. Here’s what typically happens:
The notarization itself raises substantial legal concerns. Nancy Bernier, Fine’s district aide, is the notary who stamped the documents. Not only does her close business and personal relationship with Fine present a conflict of interest, but the notarization also appears to have been falsely executed, and Fine’s signature itself appears to be forged.
Florida Administrative Code, Rule 1N-5.002 stipulates that a notary must avoid conflicts of interest and cannot notarize documents if they have a personal or financial stake in the transaction. As Fine’s district aide, Bernier’s notarization of the documents is highly questionable. Although officially employed by the State of Florida, she is by all intents and purposes one of two employees of Fine’s office as a Florida State Representative. His other employee being Russian immigrant Anna Budko who serves as his legislative aide.
Florida Statutes, Section 839.13 prohibits false certification by a notary. Any violation of this statute can result in misdemeanor charges, which include fines and potential imprisonment. The evidence suggesting that Fine was not physically present when the documents were notarized implicates Bernier in potential false certification. Nancy checked the option that Fine signed the document in her “physical presence.” According to Fine himself, one week prior to the form being turned in, he was traveling on yet another funded trip to Israel. On qualification day, June 14th, Fine against posted from Israel, cryptically announcing his candidacy for the position.
Further examination of his alleged signature on the document missing the dates, differs significantly from the campaign documents submitted for the Florida Senate position he’s running for, also notarized by Nancy. Most notably, the tremendous difference between his middle inital “A” in the signature, as well as the obvious difference between the last names.
The involvement of Jade, who turned in the paperwork for Fine, further complicates the matter. If it is proven that Fine, Bernier, and Zalewski conspired to submit the false documents, they could face serious conspiracy charges. As mentioned before, the what appears to be intentional omission of the date, at least temporarily, and then apparently forgotten, gives reason to believe there was a conspiracy in-play.
Florida Statutes, Section 777.04 defines conspiracy as an agreement between two or more persons to commit a criminal offense. In this case, the alleged conspiracy to file false qualification documents could lead to significant legal repercussions for all involved parties.
A separate criminal complaint regarding these allegations has already been sent to the appropriate law enforcement agency as well as the Governor’s office.
Randy Fine’s imminent disqualification from the ballot for Republican State Committeeman is not the only race in jeopardy. He is also running for Florida Senate District 19, a seat currently held by Senator Debbie Mayfield, who is term-limited. This Senate race is high stakes for both Fine and Florida, and it presents additional complications.
For this office, Fine did submit all the required qualification documents, and they are all signed and legally notarized where necessary. However, the accuracy of these documents is a different matter. Election officials can only qualify a candidate based on the content within the four corners of the documents and cannot verify their accuracy or correctness.
In the Senate race, Fine was required to file a financial disclosure (Form 6) with the Florida Commission on Ethics. Upon examining Fine’s Form 6, we discovered multiple inaccuracies and falsehoods; and even evidence of fraud. Consequently, we filed a complaint with the Florida Commission on Ethics, detailing the specific allegations and evidence, which is attached below for your review.
Florida law mandates not only the submission but also the accuracy and truthfulness of qualifying documents. Fine’s documents do not meet these standards. However, unlike in the previous case, election officers do not have the authority to disqualify him under these circumstances. To disqualify a candidate based on the accuracy and truthfulness of qualification paperwork, a lawsuit must be filed, and only a judge can make that determination.
We have requested that the ethics complaint process be expedited due to the upcoming election and the potential impact of their findings. Simultaneously, we are drafting the necessary lawsuit to seek Fine’s disqualification from the ballot. Given the evidence, the probability of his removal from the Senate race ballot is high.
Ironically, Fine boasted on social media about voters having the opportunity to vote for him twice this election. It’s looking like none of those votes will actually count, all due to his own actions, and lack there of.
As this situation progresses, the legal and political ramifications for Randy Fine, Nancy Bernier, and Jade Zalewski are profound. The election process relies on the integrity and legality of candidacy documentation. Ensuring that these standards are upheld is crucial for maintaining public trust in the electoral system.
Fine will almost certainly challenge his disqualification in the courts if Brevard Supervisor of Elections Tim Bobanic decides to disqualify him. However, given the cited case law and precedent, along with the fundamental nature of Fine’s deficiency, the courts are likely to support Tim’s authority and decision. The cases of Smith v. Crawford, State ex rel. Siegendorf v. Stone, and Gadsden County Times, Inc. v. Horne collectively underscore the necessity of strict compliance with statutory requirements and the authority and duty of election officials to enforce these laws. While courts often err on the side of candidates in cases where qualifications are ambiguous, these precedents illustrate that such leniency does not extend to fundamentally deficient situations like Fine’s. Therefore, it is probable that the courts will uphold the disqualification.
Additionally, Fine is already facing charges from the Florida Commission on Ethics where they found probable cause that he abused his office and position, and he’s also facing at least 4 more ethics investigations for similar behaviors, as well as multiple campaign finance violations.
Some other current complaints/investigations filed by us that Randy Fine is currently facing with the state are embedded below.
Fine-Ethics-Complaint-Landman Fine-Campaign-Finance-Violation Fine-Ethics-Complaint-Disney-Stock Ghost-Candidate-Criminal-ComplaintStay tuned to The Space Coast Rocket for ongoing updates and detailed coverage of this developing story.
