Disqualified Vero Beach City Council candidate Linda Hillman will get her day in court tomorrow on a request to cancel the city’s Nov. 6 election for three council seats.
Hillman is suing the Vero Beach Canvassing Board – City Clerk Tammy Bursick, City Manager Jim O’Connor and City Attorney Wayne Coment – plus Supervisor of Elections Leslie Swan, for having Hillman’s name removed from the ballot after city officials were alerted that one page of Hillman’s qualifying packet was missing a signature.
Mark Herron, Hillman’s Tallahassee-based attorney, asked for the emergency injunction and cancellation of the election as Hillman’s only legal remedy. Early voting started Monday, and absentee and overseas ballots have already been mailed out, so if Hillman prevails, election day voters would be alerted via a printed notice not to vote in the Vero election, and the returns from any votes cast would not be reported on election night, but would eventually become public record.
“The impending deadline of the Nov. 6, 2018 creates an immediate and emergent need for resolution of the issues raised in the Emergency Motion as the only means by which to ensure the proper administration of the special election is by an injunction issued prior to the general election,” Herron wrote in his Oct. 16 pleading.
But Assistant City Attorney Stefanie Bescovoyne filed an objection stating that the purpose of an injunction is “to preserve the status quo” and the status quo is the scheduled Nov. 6 election with Hillman’s name not on the ballot.
Judge Paul Kanarek has set aside two hours Wednesday afternoon for attorneys to argue this fine legal point, and for Herron to call what he estimated to be five unnamed witnesses.
If the court orders a special election, not only would Hillman and fellow disqualified candidate Brian Heady get another chance to qualify, but other candidates could jump into the race. As it stands, there are four candidates on the ballot for three seats. Incumbents Laura Moss and Tony Young are seeking re-election, plus challengers Robbie Brackett and Robert McCabe are in the running. Vice Mayor Lange Sykes has chosen not to seek a second term on the council.
Swan, through her counsel County Attorney Dylan Reingold said she needs 60 days’ notice to put on a special election at the City of Vero Beach’s expense. Since 60 days from this week would land on the Christmas holiday, any special election would likely fall in early to mid-January.
