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ROY L. HARDEMON, ET AL., APPELLANTS, v. DAVID C. LEAHY, AS SUPERVISOR OF ELECTIONS FOR METROPOLITAN DADE COUNTY, FLORIDA, ET AL., APPELLEES.

PER CURIAM.

After Hardemon had qualified as a candidate for Dade County Commissioner and the qualifying period had expired, he notified the supervisor of elections, as provided by section 101.253(1), Florida Statutes (1993), that he would not accept the office if elected. The day after, he attempted to withdraw the non-acceptance. The trial court, however, held that section 101.253(1), which is specifically entitled "When names not to be printed on ballot," mandatorily requires, see S.R. v. State, 346 So.2d 1018 (Fla. 1977), the exclusion of a candidate who has filed the notification in question. Because the statute makes no provision or exception for a change of mind, we agree that, under these circumstances, Hardemon's name may not be placed on the ballot. See Battaglia v. Adams, 164 So.2d 195 (Fla. 1964).

The provision states:

Contrary to the appellant's position, section 101.253(3), Florida Statutes (1993) does not afford him a right to reentry into the race.

Affirmed.

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HARDEMON v. LEAHY
(Aug 11, 1994)