Auto Guy Braman lost the suit on the Marlin's stadium. Is he destined to lose the petition drive to recall the mayor as well?
Here is the dilemma. According to the Home Rule Charter Braman cannot collect any more than 25 percent of the valid signatures from voters registered in any single County Commission District. However, most of his collecting was in the Little Havana, Hialeah and Westchester area. Braman submitted about 100,000 signatures, twice as many as needed. A legal eagle friend said:
They turned in almost 100,000 signatures according to the papers and most of the signature sites were concentrated in certain districts, you cannot place on Harvey Ruvin the burden of determining whose signature to discard so as not to exceed 13,000 signatures (25%) in any given district.
In this case -- more might be a curse. If Ruvin stops counting after getting to the magic number of 52,000 of "signatures required" (the wording in the charter doesn't say "submitted"), it is very likely that he has counted a concentration from at least one district over the 25% mark. That is quite a fly in the ointment. Or does Ruvin have to keep counting to the end to alleviate this snafu that would invalidate the petitions for the first 52,000? I smell a lawsuit. Press "read more" to see County Attorney's opinion: