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BRONSON - Andy D. Andrews sued Florida Secretary of State Kurt Browning, Levy County Supervisor of Elections Connie Asbell and Chiefland City Manager Grady Hartzog Sr., all in their official capacities, because he wants to know if he incorrectly registered to vote.
The case filed Jan. 10 falls on the heels of Eighth Judicial Circuit State Attorney Bill Cervone on Jan. 7 choosing not to prosecute Andrews and 10 others for alleged voter fraud. A circuit court judge in Bronson may decide the definition of "residency" as a Florida voter.
Cervone said he believes the definition of "residency" for voting purposes in Florida is subjective. Andrews is seeking a more clear definition.
Cervone noted that when a similar complaint was made in 2002, an investigation was initiated by Florida Department of Law Enforcement but apparently closed with no action.
The suit claims Andrews lives in Chiefland. It notes that he receives personal mail at an office building, which he owns.
Another part of his contention that he can vote as a resident at the Chiefland office is that he filed "an Affidavit of Domicile," which declares he lives at the office. Another point that supports his residence being at the office is that he has a "substantial amount of his personal effects" at that office.
Six of the 11 people who were investigated have registered to vote as if they reside in buildings zoned as non-residential, according to their voter registrations. Those six are Andy, Dennis, Kelby, Amy, Mary and Barbara Andrews.
Amy Andrews and Mary Andrews, Cervone said, are two of the three people who "have no arguable claim to residency such as would entitle them under any interpretation to continue to vote in City of Chiefland elections."
Amy Andrews lives in Tennessee and Mary Andrews lives in Gainesville, Cervone said.
Andy Andrews allegedly resides in the A.D. Andrews Nursery office at 13 S.E. First St.
Dennis Andrews allegedly resides in the Andrews Land & Timber office at 1411 S. Main St. (U.S. Highway 19), according to voter registration records.
Dennis and Kelby Andrews reside together at the U.S. 19 address, and Andy, Amy, Barbara and Mary Andrews all allegedly reside at the First Street address, according to voter registration records, although a couple of them will be changing their voter registrations after Cervone spoke to them.
Both offices are zoned exclusively for non-residential uses, according to Chiefland zoning ordinances.
Whether Andy Andrews and others are correct in their assertion that they live in offices and this allows them to vote as Chiefland city residents requires court resolution because there is no clear legal precedent to be applied, Cervone said.