Source
State Archives of Florida, Collection M89-7
Description
This handbill was produced by the Florida Women's Christian Temperance Union, headquartered at Jacksonville. It notes that voters were being asked to affirm an oath of loyalty to the Democratic Party before they could be registered to vote, and goes on to explain that this requirement had been struck down by the courts. The relevant orders were handed down by Judge George Cooper Gibbs and Daniel A. Simmons. William T. Stockton was the voter who served as the test case to determine the legality of the loyalty oath.
LAW ON ELECTION OATH
You will be told that you took an oath when you registered to support all the nominees of the Democratic party in the general election. Following is all the oath the Florida law requires:
"I do solemnly swear (or affirm) that I will protect and defend the constitution of the United States and of the state of Florida; that I am twenty-one years of age and have been a resident of the state of Florida for twelve months, and of this county for six months; that I am a citizen of the United States, and that I am qualified to vote under the constitution and laws of the state of Florida."
Previous to 1920, the Florida Democratic Committee (not the Florida law) prescribed this oath in addition to the above: "I believe in the principles of the Democratic party and will support all the nominees of the Democratic party, National, State and County, in the general election next following the primary of June 8th, 1920."
That this oath should be taken by persons offering to register was tested in the Circuit Court of Duval county by William T. Stockton whom the registration officer refused to register unless he would take that oath.
Judge Geo. Cooper Gibbs on the 6th day of March, 1920, issued an alternative writ of mandamus to the District Registration officer to register William T. Stockton or to appear before the court March 9th, and show cause why he refused to do so, stating in this writ that "said oath was wholly unauthorized and not required by law."
March 17, 1920, Judge Danial A. Simmons issued this
Peremptory Writ
It appearing to the court that no sufficient cause has been shown by you, District Registration officer, why the mandate of the alternative writ issues in this cause should not be complied with, These are therefore to command you as District Registration Democrat, without requiring him to take the oath prescribed by the State Democrat Committee, and that you make due return to this court of compliance with this writ; and herein you fail not.
Copies of these orders of the two judges are in the possession of the Florida W. C. T. U.
-Florida W. C. T. U., Jacksonville, Fla.
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