Early voting starts next Monday at three locations, including the Vero Beach Main Library downtown, and thousands of vote-by-mail ballots have already gone out, but disqualified Vero Beach candidate Linda Hillman is still trying to cancel the Nov. 6 municipal election and have a re-do.
As of press time Monday, responses had been filed to Hillman’s lawsuit by the City of Vero Beach and by Supervisor of Elections Leslie Swan, who is being represented by County Attorney Dylan Reingold. But Hillman filed a motion asking for an emergency hearing on the issue. As of press time, no hearing had been scheduled with Circuit Court Judge Paul Kanarek.
Hillman and perennial candidate and former councilman Brian Heady were disqualified the day after names were pulled for ballot order because of a missing signature on their qualifying documents. On the forms scanned in and posted for the public by City Clerk Tammy Bursick, Heady had printed his name on a form certifying his residency status, but not signed. Hillman’s signature page had no printed name or signature. Hillman alleges that she signed the form, but that her paperwork was tampered with at city hall.
Via her Tallahassee attorney Mark Herron, Hillman argues that the city had plenty of time to alert her that the signature was missing before the close of qualifying. The Vero Beach Canvassing Board, made up of City Manager Jim O’Connor, City Attorney Wayne Coment and Bursick, proposed a solution to councilmembers earlier this month, in the form of a Dec. 18 special election, but on Oct. 2 the council voted 4-1 to reject that advice and forge ahead with the Nov. 6 election – without Heady and Hillman on the ballot.
In an Oct. 9 motion, Herron stated, “Plaintiff Hillman has no adequate remedy at law because this claim does not involve money damages. The only means by which to ensure the proper administration of the special election is by an injunction issued prior to the election and no relief after the fact can adequately remedy the effect of an improper election.”
Herron continued that “Irreparable harm will occur unless immediate injunctive relief is granted.”
Reingold on Swan’s behalf explained the complexity of what Hillman is asking, and underscored that Swan must comply with state law, and that she would need 60 days to conduct a special election, at Vero’s cost. “Although the Supervisor is unable to prevent the ballots from actually being counted, the Supervisor would be able to comply with a court order not to release the results. However, the ballots and tabulation of the results will ultimately be a public record.”
Heady has filed an Amicus Curae brief in solidarity with Hillman’s cause, and is listed as an “Interested Party” on the court record.
