Florida Republicans sue, aim to remove Libertarian from close House race

Three primary opponents and the Republican Party of Florida have filed a suit against the Libertarian candidate, claiming he could inflict “irreparable harm” on the eventual GOP nominee running for Florida’s 25th District House seat.

Libertarian Peter Jassenoff and the Libertarian Party of Florida argue that he has met the legal standards to be on the ballot. Jassenoff argues the challenge is less about his eligibility and more about the potential impact of a Libertarian candidate in a race expected to be close.

“They don’t want me running because it hurts them,”

Jassenoff said in a recent article in the Orlando Sentinel.

Jassenoff and Florida Secretary of State Cord Byrd face a lawsuit filed by Republican candidates Dan Franzese, George Moraitis, and Scott Singer, along with the Republican Party. The suit is filed in Leon County Circuit Court in Tallahassee. 

The Republicans argue that Jassenoff used a personal check to pay the $10,440 qualifying fee. The copy of the check that Republicans submitted showed “PETER JASSENOFF” written on the top left corner of the check, with “Campaign Account of Peter Jassenoff for Congress” handwritten on the front. It was Check No. 138, which the Republicans say “confirms that the check is not associated with a newly opened campaign account.” The check is dated June 12, the filing deadline.

Jassenoff counters that the check is from the campaign account, and is contacting the bank for proof. From the lawsuit: “Plaintiffs face a likelihood of irreparable harm if this Court does not grant the relief sought and allows Jassenoff to appear on the ballot and garner votes for an office for which he failed to satisfy all statutory qualification requirements and has competing candidates.”

The newly redrawn 25th House district runs from Del Ray to Miami. 

In its previous iteration, it was the district of former Democratic national chair Debbie Wasserman Schultz; she’s now running in the 20th that now includes Broward County. Candidates in the Democratic primary for the new 25th district include incumbent U.S. Rep. Jared Moskowitz, in his third term for the 23rd district, and Oliver Larkin, a Democratic Socialist.

Cook Political Report rates District 25 as R +3. Cook, Inside Elections, and Sabato’s Crystal Ball rate the district as a toss-up. Trump won by 9 points in 2024; Biden, by 5 points in 2020.

The 2024 Libertarian candidate for U.S. Senate got 0.5% of the vote, and the 2022 governor candidate got 0.2%. Republicans argue that the votes for a Libertarian candidate could take away votes from Republicans. Libertarians say it’s a false argument and that their voters won’t necessarily support Republican or Democrat candidates.

Jassenoff's challenge is not the only recent attempt to remove a Florida Libertarian candidate from the ballot. Jacksonville City Council candidate Addison Patrick successfully fought a lawsuit challenging her eligibility, an experience she says reflects growing dissatisfaction with the two major parties.

“People are leaving both major parties left and right because they're not satisfied,”

Patrick said.

Patrick, a first-time candidate, also described the financial and institutional disadvantages facing candidates outside the major parties. She described herself as “not an independently wealthy person” and “just a regular person who's civically engaged.”

Both national parties see Florida’s 25th District as pivotal to controlling the House in the next term. Republicans currently hold 20 of 28 House seats in Florida. Florida’s primary is Aug. 18. Election Day is Nov. 3, with overseas ballots going out Sept. 19.

These cases are part of a nationwide pattern, according to Rob Yates, communications director for the national Libertarian Party, 

“I wish I could say this was a surprise, but it reflects a pattern we have seen across the country,” Yates said.

“This strategy of win-through-the-courts reflects two things: It shows that the major parties are uncomfortable competing solely on ideas, and that they are more concerned with power than they are with the people they are ostensibly elected to represent.”