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Florida's Election Politics:

“Business as Usual”

Who IS "Judge" Gooding?
.................There is NO Judge Gooding!

From:

Chads
Lost & Found Ballots
Multitudinous Absentee Ballots
Erroneous Vote Counts
Repetitious Recounts
to Missing Voter Registrations...

Have we learned NOTHING from the nightmare of the last election?

There comes a time when ALL facets of an election MUST be done RIGHT!  Everything must be done above board. There should be absolutely no room for questions raised about chicanery, inadvertencies, or in fact.. deliberate transgressions.

Florida's Electoral process deserves the opportunity to regain the respect and trust of the voting, taxpaying public.

UPDATE: 01-24-02:  Gooding replies through Advisors.... (click to read)

Lack of "Informed" OPINION IN TALLAHASSEE PERMITS POSSIBLE LOOPHOLE?

UPDATE 01-12-02 - Metro Section, Florida Times-Union Staff Reports:

Circuit Judge Candidate David Gooding's Web Site www.judgegooding.com had some election officials scratching their heads this week as they tried to decide if the address falsely implies he is an incumbent.

Phyllis Hampton, General Counsel for the Florida Elections Commission, said yesterday the site name is NOT a violation of Florida Campaign Laws, though Duval County Supervisor of Elections Jon Stafford said he would still recommend to Gooding that he change it.

(Editor's Note: In a telephone conversation with Counselor Hampton today [01-15-02] she stated that she told the Times-Union reporter the www.judgegooding.com website name was not an apparent violation but added she told him that this website name, www.judgegooding.com may very well be in violation of a number of other election and ethics areas such as the Code of Judicial Conduct and/or The Florida Bar's Rules of Ethics and Conduct.)

Gooding, son of late Circuit Judge Marion Gooding said he never anticipated any problems with the name but will change it. "I'm not out there to be a test case" he said.

Gooding is running against Daniel Wilensky to replace Circuit Judge Alban Brooke, who is retiring.


01/09/02 - An Editorial by Ralph F. Mariano, Editor, STReport International Online Magazine

To be fair, Duval Election Official Frankie Knight expressed surprise and indignation when informed by me of the possibility of a blatant disregard of the election rules by a candidate conducting an election campaign.

In a nutshell, STReport is focused on the following Domain Name and Website: (WWW.JUDGEGOODING.COM and Website Email Address: INFO@JUDGEGOODING.COM) of First Time Candidate David M. Gooding who is running for Circuit Court Judge Group 13.

(A highly responsible position that demands unquestionable ethics, responsible judgment and adherence to the rule of law.)

All Quotes of Law are from:
The 2001 Florida Statutes -
Title IX - Chapter 106


Candidate for Judge
David M. Gooding
"I am not out there
to be a test case".

106.011 (17)  "Political advertisement" means a paid expression in any communications media prescribed in subsection (13), whether radio, television, newspaper, magazine, periodical, campaign literature, direct mail, or display or by means other than the spoken word in direct conversation, which shall support or oppose any candidate, elected public official, or issue. However, political advertisement does not include:

(a)  A statement by an organization, in existence prior to the time during which a candidate qualifies or an issue is placed on the ballot for that election, in support of or opposition to a candidate or issue, in that organization's newsletter, which newsletter is distributed only to the members of that organization.

(b)  Editorial endorsements by any newspaper, radio or television station, or other recognized news medium.

As one can plainly see, “a paid expression in any communications media” definitely encompasses the use of a web site paid for and published on the Internet in a candidate’s active political campaign. 

106.011 (13)  "Communications media" means broadcasting stations, newspapers, magazines, outdoor advertising facilities, printers, direct mailing companies, advertising agencies, and telephone companies; but with respect to telephones, an expenditure shall be deemed to be an expenditure for the use of communications media only if made for the costs of telephones, paid telephonists, or automatic telephone equipment to be used by a candidate or a political committee to communicate with potential voters but excluding any costs of telephones incurred by a volunteer for use of telephones by such volunteer.

The Internet's Web is technically furnished to the public via "automatic telephone equipment". Where is there any confusion is this matter?  Unless of course, "technical ignorance" of how the Internet works is an underlying factor.. All Internet functions (Web, Email, NewsGroups, etc.) use telephone lines and telephone network switching to automatically facilitate information data routing directly to the public or to cable who then re-transmit the internet data via their cable network to the public.

106.143 (5)  No political advertisement of a candidate who is not an incumbent of the office for which the candidate is running shall use the word "re-elect." Additionally, such advertisement must include the word "for" between the candidate's name and the office for which the candidate is running, in order that incumbency is not implied. This subsection does not apply to bumper stickers or items designed to be worn by a person.

A main point stressed in Statute 106.143 (5) is that an advertisement must worded in a way that “incumbency is not implied”.

Additionally, in section 106.143 (5), it clearly states that “no political advertisement of a candidate who is not an incumbent of the office for which the candidate is running shall use the word re-elect.”  The use of the word "Judge" in front of the candidates name can easily mislead a voter into “thinking” the candidate is an incumbent when in fact, such is NOT the case at all. The word "for" must be used between a candidates name and the office he seeks.

106.023  Statement of candidate.--Each candidate must file a statement with the qualifying officer within 10 days after filing the appointment of campaign treasurer and designation of campaign depository, stating that the candidate has read and understands the requirements of this chapter. Such statement shall be provided by the filing officer and shall be in substantially the following form:

STATEMENT OF CANDIDATE

I, _____, candidate for the office of _____, have received, read, and understand the requirements of Chapter 106, Florida Statutes.

 (Signature of candidate) 

(Date)


Willful failure to file this form is a violation of ss. 106.19(1)(c) and 106.25(3), F.S.

Clearly, in the rules Form… the candidate must sign a statement 106.023 stating they’ve read and understand the rules and requirements detailed in that set of rules.

106.37  Willful violations.--A person willfully violates a provision of this chapter if the person commits an act while knowing that, or showing reckless disregard for whether, the act is prohibited under this chapter, or does not commit an act while knowing that, or showing reckless disregard for whether, the act is required under this chapter. A person knows that an act is prohibited or required if the person is aware of the provision of this chapter which prohibits or requires the act, understands the meaning of that provision, and performs the act that is prohibited or fails to perform the act that is required. A person shows reckless disregard for whether an act is prohibited or required under this chapter if the person wholly disregards the law without making any reasonable effort to determine whether the act would constitute a violation of this chapter.

Having observed the chaos that resulted from the last major election in Florida, STReport is compelled to believe this matter is begging to be brought to the voting public’s attention.  To find a candidate running for a Judgeship, a position that can deeply change the quality of life of untold numbers of voter/taxpayers... when that candidate seemingly takes unfair advantage of not only those involved in the election but apparently hoodwinks the voters for an unfair advantage is breaking the law. If not the law... then the "spirit" of the law. This apparent disregard of the Statutes amounts to far more than perhaps a simple inadvertency.  This sort of occurrence simply cannot be tolerated. It sets an unfortunate and dangerous precedent. Especially after the last notorious election.

Therefore, Candidate Gooding should with great haste have this grievous transgression of the Election Statutes corrected. The corrections should appear on the same website in clear view making it perfectly understood he is NOT an incumbent candidate running for re-election.  The naming of the web site and his email address “JudgeGooding.Com” cannot possibly be a dumb mistake as it appears in two or more different instances on the web site.  We can only imagine how often the offending phrases appear in all his other printed campaign related literature.

The domain name JUDGEGOODING.COM is registered with the appropriate fees paid in a national registry database. (Verified via Verisign.Com)

  •    Domain Name: JUDGEGOODING.COM
  •    Registrar: NETWORK SOLUTIONS, INC.
  •    Whois Server: whois.networksolutions.com
  •    Referral URL: http://www.networksolutions.com
  •    Name Server: NS1.ILNK.COM
  •    Name Server: NS2.ILNK.COM
  •    Updated Date: 05-nov-2001

NODE TRACE for ALL INFORMATION

Editor Update: Detailed Information 01/24/02
Target: www.judgegooding.com
Date: Thu Jan 24 17:47:28 2002
Nodes: 9

Node Data
Node Net Reg IP Address Location Node Name
9 1 1 63.113.32.154 Jacksonville www.judgegooding.com

Packet Data
Node High Low Avg Tot Lost
9 0 ---- 0 19 20

Network Data
Network id#: 1
Interlink America (NETBLK-UU-63-113-32)
570 South Ellis ST
Jacksonville, FL 32254
US

Netname: UU-63-113-32
Netblock: 63.113.32.0 - 63.113.33.255

Coordinator:
Swett, Don (DS685-ARIN) dswett@ilnk.com
(904) 378-0046x102

Record last updated on 24-Jul-2000.
Database last updated on 23-Jan-2002 19:55:55 EDT.

The ARIN Registration Services Host contains ONLY Internet
Network Information: Networks, ASN's, and related POC's.
Please use the whois server at rs.internic.net for DOMAIN related

Registrant Data
Registrant id#: 1
The Data in Network Solutions' WHOIS database is provided by Network
Solutions for information purposes, and to assist persons in obtaining
information about or related to a domain name registration record.
Network Solutions does not guarantee its accuracy. By submitting a
WHOIS query, you agree that you will use this Data only for lawful
purposes and that, under no circumstances will you use this Data to:
(1) allow, enable, or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via e-mail
(spam); or (2) enable high volume, automated, electronic processes
that apply to Network Solutions (or its systems). Network Solutions
reserves the right to modify these terms at any time. By submitting
this query, you agree to abide by this policy.


Registrant:
David Gooding (JUDGEGOODING-DOM)
4413 Worth Drive East
Jacksonville, FL 32207
US

Domain Name: JUDGEGOODING.COM

Administrative Contact, Technical Contact, Billing Contact:
Webmaster (WE220-ORG) webmaster@ILNK.COM
Interlink America
P.O. Box 61171
Jacksonville, FL 32236
US
(904) 378-0046
Fax- (904) 378-0046

Record last updated on 04-Sep-2001.
Record expires on 04-Sep-2002.
Record created on 04-Sep-2001.
Database last updated on 24-Jan-2002 05:50:00 EST.

Domain servers in listed order:

NS1.ILNK.COM 63.73.64.4

 

Editor Note: As is plainly shown, no attempt to change the offensive Domain Name (Website URL & Name) has been made.

Even if one considers that an overzealous webmaster and or hostmaster may have filed for such a domain, the bottom line is the candidate must, by law, review and approve said Domain Naming Considerations.  Obviously, David M. Gooding read, and understood the Florida Election Statutes. Why is he holding himself out as an incumbent Judge in an apparent willful violation of these statutes?  In fact, the Florida Bar probably doesn't look kindly upon attorneys who pretend to be a Judge. What happened to the Rule of Law all of us must obey?

STReport can only hope the Duval County Supervisor of Elections, Jon Stafford, will do the right thing to protect our voting public. Florida Statutes, chapter 106.25 (2), provides that any person having information of any violation of Chapter 106 shall file a sworn complaint with the Florida Elections Commission in Tallahassee. Supervisor Stafford seems to be the most appropriate person to file the sworn complaint to protect our voting community. 

If a person aspiring to be a Circuit Court Judge can’t seem to “play by the rules”... then who should?

Especially if the person holds the awesome power to sit in judgment of others.

CONTINUED.......

 

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