Smith and Tynes were candidates for election to the office of superintendent of schools in Clay County. Tynes won the democratic primary held September 9, 1980, and, due to the absence of opposition in the general election, became superintendent. Smith challenged the result of the primary election alleging a cause of action under
Section 102.168, Florida Statutes, together with violations of various subsections of Chapters 104 and 106, Florida Statutes. Specifically, in his amended complaint Smith alleged: on September 5, 1980, the “Clay Today” newspaper ran an article stating that Tynes had been endorsed by the political action committee of the Clay County School Board Employees' Association, even though the Association had failed to file a disclosure statement pursuant to
Section 106.144; on September 9, 1980, a campaign worker for Tynes placed a campaign sign within one hundred yards of a precinct, in violation of
Section 104.36; a poll worker failed to remove the sign on request, in violation of
Section 104.36; the same poll worker failed, on request, to place a marker one hundred yards from the polling place in order to prevent solicitation near polling places, in violation of
Section 104.051; on September 4, 1980, Tynes ran a newspaper ad reflecting that he had the support of the Clay County Administrators Association, even though he had actual or constructive knowledge that the Administrators Association had not complied with the disclosure requirements
Section 106.144. Smith further alleged that the enumerated violations “had an insidious and devastating effect upon the election for the office of superintendent of schools in Clay County, Florida to the extent that they were sufficient to produce a different result and had these acts not occurred, plaintiff, Durwood Smith, would have received a sufficient number of votes to win the democratic nomination for the office of superintendent of schools instead of defendant, Jesse P. Tynes, Jr.” Finally, Smith alleged that the enumerated acts constituted fraud and misrepresentation to the electorate sufficient to produce a different result.