01/09/02 - An Editorial by Ralph F. Mariano,
Editor, STReport International Online Magazine
To be fair, Duval Election Official
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.
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.)
Quotes of Law are from:
The 2001 Florida Statutes -
Title IX -
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.
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
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
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)
Willful failure to file this form is a violation of ss.
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
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.
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
Date: Thu Jan 24 17:47:28 2002
Node Net Reg IP Address Location Node Name
9 1 1 126.96.36.199 Jacksonville www.judgegooding.com
Node High Low Avg Tot Lost
9 0 ---- 0 19 20
Network id#: 1
Interlink America (NETBLK-UU-63-113-32)
570 South Ellis ST
Jacksonville, FL 32254
Netblock: 188.8.131.52 - 184.108.40.206
Swett, Don (DS685-ARIN) email@example.com
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 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.
David Gooding (JUDGEGOODING-DOM)
4413 Worth Drive East
Jacksonville, FL 32207
Domain Name: JUDGEGOODING.COM
Administrative Contact, Technical Contact, Billing Contact:
Webmaster (WE220-ORG) webmaster@ILNK.COM
P.O. Box 61171
Jacksonville, FL 32236
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:
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.