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BIENNIAL' REPORT. OF THE ATTORNEY GENERAL 721 attorney for the board of county commissioners . .. to represent the county . .. in enforcing settlement, payment or delivery of such accounts; property, funds, money or other things of value." The mandate in §17.041, is not that the county attorney represent the board of county commissioners, but the county. There appears to be no conflict between said §§9 and 15, Ch. 21874, and §17.041, F. S.; the first regulates the bringing of the suit and the other the attorney to handle the litigation for the county. There was- no constitutional prohibition against the legislature designating the county attorney as the attorney for the county budget commission in the enforcement of shortages in the accounts of· officers in counties having· budget commissions. Answering the above stated question sums due the county by reason of over-expenditures of the county budget in Duval county are collectible in suits filed in the name of the county, by the county budget commission, represented by the county attorney. 'e It i, 060-171-0ctober 11, 1960 .c ELECTIONS PRESIDENTIAL ELECTION-NATIONAL STATES RIGHTS PARTY-GOVERNOR . ORVAL E. FAUBUS; RIGHT OF PRIVACY-§103.021, F. S.-§ 1, ART. II AND 12th ·AMENDMENT, U. S. CONST. 1, o y ~l .t r if () '( 1 , t :l r ) ~ 1 .', .To: R. A. Gray, Secretary of State, Tallahassee QUESTION·: May Governor Orval E. Faubus, of Little Rock, Ark." withdraw his name as a candidate for president of. the U. S., as contained in those certain petitions heretofore filed under and pursuant to §103.02l(3), F. S.? For the purposes of this reply to your letter we shall presume that the petitions were sufficient in number and form to conform to the' requirements of said §103.021, F. S. These petitions purport to be by Florida electors seeking the placing of. the names of Governor Orval E. Faubus and Admiral John G. Crommelin, as candidates for president and, vice-president of the U. S., on the general election ballot at the forthcoming general election. The said petitions were filed pursuant to said §103.021 (3), which provides that "minor political parties, which have not elected a president of the United States since January 1, 1900, may have the names of their candidates for president and vice president printed on the general election ballots," by the filing of the ·petitions therein described with the secretary of state of Florida. Although the names of the candidates for president and vice president are printed on the election ballot, they are not in fact the candidates to be elected at such general election, but the actual candidates are the presidential electors of the political party so nominating such candidates. See said §103.021, (1) and . (2). Such presidential electors are provided for by §1, Art. II, and the 12th amendment, of the U. S. constitution. Under said §1, Art. II, "each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled to in Congress." Section 103.021 is the method provided by the laws of Florida· for· the appointment of presidential electors under said §1, Art II, U. S. Const. The 12th amendment 'I !IIi ,I "I. 722 BIENNIAL REPORT OF THE ATrORNEY GENERAL provides the machinery for the selection of a president and vicepresident by the said presidential electors. We have before us a copy of the telegram from Gov. Faubus to you, and of the letter of Oct. 8, 1960 from him to you, from which telegram it appears that Gov. Faubus has "taken no interest in this matter and (is) not a candidate for President on any ticket," and by said letter and telegram specifically withdraws his name· from the Florida ballot as a candidate for president. We must construe Gov. Faubus' telegram and letter as showing that he was no party to the inclusion of his name on the above-mentioned petitions filed with you, bearing his name as candidate for president, and that he does not want his name to appear upon the Florida ballots in such capacity. There is no evidence before us showing, or even indicating, that the selection of Gov. Faubus by the persons filing said petitions with you, or by any party group, was with his knowledge and consent, or that he has legally accepted such nomination or selection. These facts prevent the right of the election officials of Florida to enter Gov. Faubus' name on the ballots of Florida until and unless his consent is evidenced in some proper and legal manner, and especially against his consent. In short, Governor Faubus insists on his so-called rights of privacy. The "right of privacy" has been defined as "the right of an individual to be left alone, to live a life of seclusion, or to be free from unwarranted publicity." (77 C. J. S. 396, §1). The Florida supreme court, in Cason v. Baskin, 155 Fla. 198, 20 So. 2d 243, text 248, recognized the doctrine of the right of privacy as "the right to be let alone, the right to live in a community without being held up to the public gaze if you don't want to be held up to the public gaze." The question before us is not one of the dissemination of news, which may be an apparent exception to the rule of the right of privacy. The use of a person's name without his consent has often been held to be a violation of his right of privacy, when not used in the dissemination of news (77 C. J. S. 409-413, §5; 41 Am. Jur. 940 and 941, §21). Generally upon the right of privacy see annotation in 138 A. L. R. 22-110. Of interest is State ex reI La Follette v. Hinkle, 131 Wash. 86, 229 P. 317, where the court recognized the right of a person to secure relief prohibiting state officers from certifying certain candidates for state offices under nominations made by a selfstyled "La Follette State Party" where the use of his name in connection with the local state ticket was contrary to the wishes of the relator Robert M. La Follette, then the nominee of the Progressive Party, who charged that the use of his name, in connection with the so-called La Follette state party was contrary to his wishes and prejudicial to his candidacy as nominee of the said progressive party. In recognizing that the use of Mr. La Follette's name, in connection with the said La Follette state party designation, was a violation of his right of privacy, the court remarked that nothing so exclusively belongs to a man or is so personal and valuable to him as his name, inasmuch as his reputation and the character he has built up are inseparably connected with it. Upon the question of personal rights generally, and equitable jurisdiction to protect them, see annotation in 175 A. L. R. 440-523. Due to the fact, as stated by Gov. Faubus in his correspondence with you, that he had taken no interest in the action of the \ ! L BIENNIAL REPORT OF THE ATTORNEY GENERAL -,.. -s n :t y is 'e :c.t -" J.- '6 dl ·e J~ .. Y !y .e . s'!' is J1fJL .· 't Ie .;:6. . 9~ :y :y ~e )f" :n~ "e ~ ... 723 so-called national states rights party in obtaining and filing the petitions with you, and that he is not a candidate for president on any ticket, together with his direction that his name be withdrawn from the Florida ballot as a candidate for president, we do not think that the ballots to be used in the coming general election should carry his name. He is within his legal right when he demanded that his name be not so used. The use of his name might well be a violation of his right of privacy above discussed. We next come to the question of the right of the candidate for vice-president to have his name printed on the ballot without being accompanied with the name of a candidate for president. The national states rights party is a minority party within the purview of the Florida election code so that it must conform to §103.021 (3), F. S., for its candidates to be listed on· the general election ticket of this state. Said subsection makes no provision for the general election ballot to carry the name of either a candidate for president, or a candidate for vice-president, without the same being accompanied with the other. Said section 103.021 (2), provides for the entry of the names of the candidates for president and vice-president on the general election ticket, as representative of the group of presidential electors, but not separately. Presidential electors vote for both a president and a vice-president, and no provision is made for voting for one without the other. It is our considered opinion that said §103.021 (3), makes provision for an instructed list of presidential electors, so that the failure of Gov. Faubus to accept what may be called a nomination, leaves a noncompliance with the requirements of §103.021 (3) that there be both a candidate for president and a candidate for vice-president. In your letter you point out: "In other words-in preparing the ballots we have considered the nominees for President and Vice President inseparable on the ballot. For example-it would be impossible on the Florida ballot to vote for Nixon for President and Johnson for Vice President, or to vote for either Lodge or Johnson and at the same time not·vote for Nixon or Kennedy." Your analysis appears to accord with the statutes including those relating to presidential candidates of minority parties. Construing said §103.021 (3) as requiring an instructed slate of officers for president and vice-president in no way violates the requirements of the federal constitution (Ray v. Blair, 343 U. S. 214, 72 S. Ct. 654, 98 L. ed. 894), and a failure or absence of a candidate for president will not authorize the entry of only the candidate for vice':'president's name on the ticket without that of a candidate for president. The question posed by you, as to whether you should advise the county commissioners to place the name of the candidate for vice-president, without a candidate for president, for the national states rights party, is answered in the negative. 060-172-0ctober 19, 1960 JUVENILES ·CITY POLICE DEPARTMENT, INVESTIGATION BY-RECORD IDENTIFICATION-§39.03 (6), F. S. To: A. O. Folsom, Jr., Chief of Police, Daytona Beach QUESTIONS: 1. Is the city police department of Daytona Beach,