Kells Hetherington, an investment researcher who made waves during the 2018 Escambia County race for District 2 School Board for feuding with then-Escambia County PTA President Michelle Salzman, has filed a federal lawsuit challenging the Florida law he was punished for violating.
Hetherington wrote that he was a “lifelong Republican” in his candidate statement on a county website during his 2018 campaign for school board, which is a non-partisan race. He was fined $200 for this violation.
Hetherington has pre-filed to run again during the 2022 election cycle for the same seat, which is currently held by his past opponent, District 2 School Board Representative Paul Fetsko. Hetherginton came in third during the 2018 primary, with 27% of the vote in a three race against Fetsko and Ray Guillory. During the heated 2018 race, Hetherington accused Fetsko of “palling around with strippers” after he attended a PTA debate hosted by Salzman, who had a past gig as an exotic dancer more than twenty years ago.
Hetherington’s complaint alleges that “In May of 2018, Michelle Salzman, a former Escambia County PTA council president, filed a complaint with the Florida Elections Commission (“FEC”) against Mr. Hetherington alleging multiple violations of Florida’s election laws. The FEC found probable cause to support one charge against Mr. Hetherington: for expressing his partisan affiliation.”
Since 2018, Salzman has since progressed from being Escambia County PTA President to serving as the District 1 Representative for the Florida State House.
With the help of the Institute for Free Speech, Hetherington filed a federal lawsuit challenging Florida Statute 106.143(3), which states: “A political advertisement of a candidate running for nonpartisan office may not state the candidate’s political party affiliation. This section does not prohibit a political advertisement from stating the candidate’s partisan-related experience. A candidate for nonpartisan office is prohibited from campaigning based on party affiliation.”
Hetherington alleges that candidates have a First Amendment right to speak to voters about their political views and background, and that while states may establish nonpartisan offices, they arguably cannot prohibit candidates from mentioning their membership in a political party.
“Fining a candidate for telling voters their party affiliation is a clear violation of the First Amendment. Florida’s law bans speech that is important to voters, and the candidates appealing to them, at precisely the time it is most relevant,” said Institute for Free Speech Attorney Owen Yeates.
Hetherington’s position further argues that party membership is one of the most valuable pieces of information about a candidate to the voting public, giving an immediate impression of the candidate’s outlook and perspective.
“I did nothing wrong when I told voters that I am Republican. The Florida Elections Commission fined me $200 under a law that blatantly infringes on my constitutional right to free speech,” said Hetherington. “It’s an outrage that in the Sunshine State, of all places, we can be punished for telling people what party we belong to. I’m eternally grateful for the assistance of the Institute for Free Speech in fighting this injustice. Perhaps with the court’s help, we can truly have a sunshine state.”
Hetherington and the Institute for Free Speech are asking a federal court to strike down this provision as unconstitutional.
The case is Hetherington v. Lee. It is before the United States District Court for the Northern District of Florida, Pensacola Division. To read the entire complaint, click here.
