Cord Byrd’s attorneys say state obligated to disqualify ‘constitutionally ineligible’ Debbie Mayfield

Attorneys for Florida Secretary of State Cord Byrd are defending disqualifying Rep. Debbie Mayfield from a Special Election for the Senate.

The Division of Elections had to reject Mayfield’s candidacy in Senate District 19 because she already served in the seat for eight consecutive years, including most of 2024, according to a brief filed by Department of State counsel Mohammad Jazil.

State attorneys argue that running again would violate term limit rules on lawmakers running for an office they have already held for eight consecutive years.

“Nothing in Florida law mandates that the Secretary certify the names of candidates who are constitutionally ineligible,” the brief argues.

Mayfield petitioned the Florida Supreme Court to intervene, arguing the State Department overstepped by disqualifying her when no one else had legally challenged her candidacy.

“The Secretary serves a purely ministerial role in processing the Qualifying Paperwork, and has no authority to determine whether the Qualifying Paperwork is accurate, or whether there are grounds to challenge Mayfield’s eligibility to run,” Mayfield’s filing reads.

Mayfield did serve in the Senate from 2016 to 2024, and could not seek another term in November due to term limits. She instead ran for and won a seat in the House last cycle representing House District 32.

But when Sen. Randy Fine, her successor in the Senate, resigned to run for Congress, Mayfield announced she would seek her old Senate seat in a Special Election. She had already submitted an irrevocable resignation from the House when the state disqualified her.

The State Department said the Division of Elections had all the information needed to toss Mayfield from contention.

“She provided to the Secretary a legal memorandum, dated November 27, 2024, noting that she held the office she now seeks for the preceding, consecutive eight years (yet arguing that she’s still eligible for the office),” the filing reads.

Ministerial tasks like qualification, the state argues, “neither requires the Secretary to suspend common sense or common knowledge.”

“It’s for much the same reason that the Secretary can’t certify the King of England (a non-U.S. citizen) or a notorious serial killer (a convicted felon) for inclusion on a ballot with the hope that a political opponent (if there is one) will file a challenge,” the briefing reads.

Several lawmakers in the term limits era have been termed out of office and then come back after a period away. Mayfield now serves in the House despite previously serving eight years there from 2008 to 2016.

But state counsel argues Mayfield’s case differed because she was running the very next year. A Republican Primary is scheduled for SD 19 on April 1, with the Special General Election on June 10. The winner will take office this year and serve through 2028.

The briefing argues the state had an obligation to disqualify Mayfield when it appeared clear she should be disqualified.

Mayfield has until Wednesday to respond to the state’s arguments. She has asked the court to intervene by Friday, Feb. 14, the day Brevard County elections officials plan to mail Primary ballots to military and overseas voters.

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