Gardens Election Lawsuit Continues
August 31, 2018
In response to the city’s expenditure of taxpayer money on a campaign to pass the three ballot amendments, thinly desguised as an “education” campaign, a lawsuit was filed in advance of the election. It was triggered when the PAC “Voters in Control” started posting misleading signs at the early voting sites and hiring campaigners to wear tee-shirts with misleading information to wave them.
The lawsuit charges illegal use of taxpayer money and violations of the laws regarding government funding for advocacy of one side of a referendum question, and asked that the questions be thrown out, the vote not be tallied, and the PAC and the city be enjoined from continuing their illegal activity. The City of Palm Beach Gardens, the Supervisor of Election, the Canvassing Board and the “Voters in Control” PAC were all named as defendants.
The matter came before a judge in the final days before the election as an emergency pleading, but with early and absentee voting mostly done, the request to stop the canvassing was denied. Today, the parties agreed that SOE and the Canvassing Board would be dropped from the suit “without predjudice”, and Judge Peter Blanc would accept a motion to file a second amended complaint from the plaintiff in the next 20 days, the defendants would then have 30 days to respond, with a hearing within 45 days.
Some of this is moot as two of the three proposals have been soundly rejected by the voters. (See earlier article). What remains could include a challenge to the one that passed (Question 2), and the matter of a penalty for the City and PAC for illegal activity, depending on what the plaintiff, Sid Dinerstein decides to put in the amended complaint.
The whole exercise of a newly elected council trying to significantly weaken the term limits proposal passed by 80% of the voters was at least distasteful if not corrupt. Spending over $100K of taxpayer money to promote this flawed activity was outrageous. Thankfully, the voters are not stupid and let these 4 Council members know what they thought of it. (Council member Matthew Lane opposed placing it on the ballot).
It will be interesting to see how the lawsuit progresses. Here is the Palm Beach Post summary of today’s hearing.