Election Expert Mark Herron said:
"...the Home Rule Charter does not authorize the Commission to dictate the manner in which this office is elected. It is the Florida Constitution which says that this office will be elected by a plurality of voters. Gwen Margolis clearly has a plurality of voters..."
Charges against Vile Natacha Seijas, that she is trying to suppress the Jewish vote, charges of anti-Semitism, a lawsuit, charges that the County Commission set an unconstitutional election date, it is all there! This is great stuff!! Hit read more to see Gwen Margolis' press release. You will note, I wrote about this subject two days ago saying it would cost $3,000,000 for this election. Well I was wrong, it is going to cost $3,500,000 according to Gwen, the front-runner. Seriously, hit read more -- this is good reading (and I agree with the argument put forth by Margolis' lawyer, it will save us $3,500,000 and that works for me, saving taxpayer dollars):
Senator Gwen Margolis issued the following statement with regard to the County Commission action this morning setting an election date for the Property Appraiser's Office.
"The County Commission continues to defy the Florida Constitution by setting an election date which is clearly unconstitutional pursuant to legal action I am filing today. Further, to spend $3.5 million on an unconstitutional election, and ignore sixteen early voting precincts because of the cost is an even more egregious action, particularly when those precincts are in heavily populated West Dade, South Dade, and East Dade areas. Commissioner Katy Sorenson raised the issue, but not one person responded properly that the date and cost of this election is completely the fault of this County Commission. To state that it's in the 'ordinance' is not admitting to the fact that this Commission created and passed the ordinance. They could have from the January 29th election set any date they choose, including the regularly scheduled primary and general election. Further, Commissioner Natacha Seijas' blatant attempt to suppress the Jewish vote to enable her personal efforts to turn out voters in her community, borders on an anti-semetic action. To later claim that she didn't know Friday is the Jewish Sabbath is ludicrous and outrageous. Further, to mail 207,000 absentee ballot requests for people who requested them in a Presidential election is a waste of taxpayer dollars. Lestor Sola did not mention nor did anyone ask about overseas ballots which for a December l6 election the Commission has already disenfranchised these voters pursuant to Florida law. We will continue as per the below release to insure that taxpayers' of this community are protected and the Constitution of the State of Florida is upheld."
SEN. GWEN MARGOLIS FILES FOR DECLARATORY RELIEF IN PROPERTY APPRAISER ELECTION AND TO SAVE THE TAXPAYERS' $3.5 MILLION
Senator Gwen Margolis, the lead candidate for election for Miami Dade County Property Appraiser (having received 280,604 votes, 72,000 more that than her nearest opponent) will file suit in court today in Miami Dade County for emergency and declaratory injunctive relief against Supervisor of Elections Lestor Sola, the Miami Dade County Elections Canvassing Board, and Pedro Garcia, who garnered 31.26% of the votes.
Senator Margolis released a statement that "this action is premised on complying with the law, but additionally there is no reason nor has there been a reason for the taxpayers' of Miami Dade County to bear the cost of $3.5 million for an election that flies in the face of Florida's Constitutional law." Senator Margolis said "I want to begin my term in this office to which I believe I have been duly elected, as a person who saves taxpayers' money - not costs them vitally needed dollars. With Tallahassee's budget crunch and decreasing property values, local government can't afford to waste any taxpayer dollars. This election is not only a waste - it is clearly unconstitutional."
The first challenge, according to lead counsel, nationally renowned elections expert, Mark Herron, is directed at the County's Home Rule charter. According to Mark Herron, "the Home Rule Charter and the powers of the Miami Dade County Commission pursuant to the Charter, were made null and void when the electorate voted on January 29, 2008 to transfer the office to that of an elected property appraiser."
Mark Herron added "the Home Rule Charter does not authorize the Commission to dictate the manner in which this office is elected. It is the Florida Constitution which says that this office will be elected by a plurality of voters. Gwen Margolis clearly has a plurality of voters having won 280,604 votes, over 72,000 more votes than the closes challenger."
According to Senator Margolis, beyond the constitutional issues and the Home Rule Charter issues, there are issues relative to the conduct of this election to begin with. Sen. Margolis is critical of the County Commission for setting the date for the so called "primary" election during the November general election as opposed to all other primaries which were held in August. Should the court not concur with her lawsuit, a run-off election will cost the County taxpayers an "unbelievable and unconscionable $3.5 million dollars." Sen. Margolis said "the Commission won't even meet until November 20 at this point - this office must be sworn in the first week of January - there are legal notice requirements that simply can't be met."
In filing the lawsuit, Sen. Margolis also poses the following questions to the Commission and to the Supervisor of Elections.
*There is simply no way to include and involve overseas and military voters in this election and persons with any holiday plans will be severely inconvenienced and possibly disenfranchised.
*How much time does Mr. Sola need to prepare his customary elections plan (including printing of ballots, mailing to absentees, closing the rolls, etc.)?
* Does Mr. Sola have sufficient poll workers lined up for a December election? Does he have enough time to redeploy, test and certify the equipment, etc.?
* How much time after the election does he need to complete the canvassing, do a recount, etc., to meet the Jan. 1 drop dead date?
* Can the state certify before Jan. 1?
Mark Herron said "we are asking the Court to take action to declare Gwen Margolis the winner pursuant to the Florida Constitution as a result of her plurality in the November 4 election."
Sen. Margolis added "I don't want anyone to think this action is being taken to avoid an election. This is the appropriate action based on what the voters of Miami Dade County said they wanted on January 29 by creating this Constitutional office. I am taking this action in furtherance of making it clear that this office is independent of the County Commission and that if elected, I will work for the people of Miami Dade County and not the elected officials of the County Commission. My responsibility is to the people and not to the Commission. Their lack of good planning should not cost the taxpayers $3.5 million - not when it is not Constitutional to conduct this election to begin with."
7 comments:
This office should NEVER have been politicized. What was the chance that VNS and her gang, including Country Joe Martinez wouldn't try to game? ZERO.
Vile Natacha supports Pedro Garcia and hates Gwen, as we all know. This is another attempt to place a candidate in that position that will respond to the will of the County Commission. Gwen Margolis won the election and there shouldn't be any further attempts to manipulate the vote to change the results.
A re-vote? 3.5Mil? oh right, common sense left the county commission a long, long time ago in favor of corruption, greed and ..and..well, more greed!
If they are not expecting much of a turnout to begin with, how about a re-vote by mail only?
I believe Natacha was endorsing another candidate on November 4, not Garcia. I'm surprised Gwen was not abel to get over 50% of votes during this election when her opponents were unknown and she has such as strong name. I believe Garcia is the only candidate that is actually an appraiser and that's why he probably did well without much campaigning. I live in the N Miami area and I never saw a Garcia sign anywhere, but I did see plenty of Gwen's.
They make a strong argument for not holding the election. Thats a lot of dough for such an insignificant race.
Still , i like the Natasha v Gwenn fight. Its like Raul v Lincoln. You pick one, but just barely.
I believe it would be a gesture of great Americanism for one of these candidates to concede in this race.
Maybe you are saying that I am oversimplifying the situation, and you are most certain correct. I do take Constitutional rights seriously, but if we do not have two willing candidates, we do not have a problem.
If someone concedes, perhaps we can build something and put their name on it in recognition of their greatness. (OK, I am chanelling Andy Rooney right now).
Here are my questions...is there a way to direct the monies that were no doubtedly reserved for run offs to things to prop up the local economy or provide assistance to those who are suffering or struggling to keep their small businesses running? Who might have these powers? Would it be The Sec of State, the Gov, the Supervisor of Elections in Miami, the Mayor, the Commission? I am truly naive, so please don't bash me for it.
If you had $3M of found money, how would you spend it? Would you put some teachers back to work (state directive)? Would you buy distressed homes, renovate them (creating jobs), reduce the waiting lists for people who are seeking public housing right now (county directive)? Would you keep some county workers working an extra three months? We may call that big government, but that big government helps these people to pay the bills, and I think about that with every bus driver, clerk, police officer, fire fighter, paramedic or IT person. They are my neighbors, and I care.
I believe we have two worthy candidates, and we are going to be ok with either one of them. I cannot, however, continue to hang out in the dark neighborhoods of negative thinking. Rather than bash the commissioners, I would prefer to challenge our State and County elected officials(and these candidates) to rise to the occassion.
This is "deep recession" type thinking. It's time to pull it together, Dade County.
PS. In the case of a lawsuit, I would extend a challenge to any private attornies who become involved to either work for less, or charge the going rate and gift back a portion of their fees to a county agency that provides public assistance. I am getting very sensitive about this kind of stuff.
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