Thomas J. Kelly v. Lew Oliver, as Chairman of the Orange County Republican Executive Committee (2002) –

In July 2000 founding BRS Party member Thomas J. Kelly qualified with the Supervisor of Elections then at the September primary was elected to the Orange County Republican Executive Committee (OCREC) for the Lake Davis/Thornton Park precinct of downtown Orlando. At the first meeting in December 2000, Kelly was presented, as were all members, with the Republican Party of Florida's party loyalty oath. Of the 160 or so members in attendance all signed it except for Kelly. Furthermore with the presidential race still undecided, these Republican county executive committee members were laughing at hanging chads and dumb Democrats from Palm Beach County who could not read a ballot, then later on in the meeting voted about 155-5 to adopt a constitution which many if not most or perhaps all had never even seen or read.

Kelly then took his ouster pro se to the circuit court in downtown Orlando. The Chairman of OCREC, Lew Oliver, quickly hired then Florida Speaker of the House, now U.S. Congressman Tom Feeney, and his law partner to represent him. Feeney and his law partner filed briefs which argued that political parties are "private, voluntary associations" just like the Fraternal Order of the Eagles (Wasn't Fred Flintstone their Grand Poobah back in the 60's?), Reed vs. Quatkemeyer, 647 So.2d 172, which could determine their own membership rules free from governmental or court interference. With a ruling of political parties as "private, voluntary associations" a political party's executive committee can now determine who can become their party's nominee, not the party's voters at a primary, and the executive committee can also determine who can register to join their party.

Similar to Attorney General Jim Smith's decision not to publicly challenge his party's party loyalty oath and thus keep his political career on course, U.S. Congressman Tom Feeney who touts American freedom nevertheless as an attorney went to court in Kelly v. Oliver at the bequest of his party, the Republicans, and successfully undermined all voter's rights and candidate's rights in Florida. Call him at (407)208-1106 or (202)225-2706 and ask him about it. Also ask him about his Congressional website's posting of his Six Conservative Principles, one of which is 4. Individual Freedom.

But Smith and Feeney are not the only ones who recognize that these party loyalty oaths are the "third rail" of Florida politics, Attorneys General Bob Butterworth and current Bill McCollum have stayed away too. Sensing that appearing pro se before Judge Sprinkel, IV was not working out very well, our Chairman petitioned then Attorney General Bob Butterworth to bring a quo warranto action on his behalf to supplement his pending Kelly v. Oliver case. Here is Attorney General Butterworth's response despite our Chairman reminding him of AGO 83-74 which was in our Chairman's favor and the Attorney General's duties under Florida Statute 760.51 which was the heading's subject, Re:, of the petition. And when our Chairman Thomas J. Kelly had lunch with OCREC Chairman Lew Oliver to discuss a possible settlement, Bill McCollum, who earlier that year had left the U.S. Congress and was a private citizen, was also at the restaurant but at a different table. When Oliver made such a fuss about waving to Mr. McCollum, it seemed like McCollum was there to see if he recognized our Chairman as some Republican gadfly troublemaker who was possibly working for someone. McCollum is currently our Attorney General and like all other Attorneys General before him has not brought legal action against either the Republican or Democratic Party's party loyalty oath.


Here is Sprinkel's actual court ruling which has been recorded at ORANGE COUNTY BOOK 6292, PAGE 716.