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UPDATE: Court To Consider Election Injunction

By at March 26, 2012 | 2:00 pm | Print

The Wellington Canvassing Board could be prevented from certifying the Wellington election recount results if a judge rules Tuesday to grant an injunction.

Palm Beach Circuit Court Judge Robin Rosenberg will decide later this evening or early tomorrow whether she will hear the injunction case brought forth by two Wellington voters last week.

On Friday, lawsuits were filed on behalf of two voters seeking to throw out the recount results and seat the candidates who were originally declared the winners. Attorneys for the voters, as well as those representing the candidates, met in court Monday morning to discuss the matter.

Lawyers with the firm of Greenberg Traurig filed a series of lawsuits in circuit court on behalf of Wellington voters Gaye Scarpa and Kathy Foster against Bucher, the Wellington Canvassing Board and Florida Secretary of State Ken Dentzer, asking for an injunction to stop the canvassing board from certifying the recount results and to keep the current council in office until the election mix-up is resolved.

Wellington Attorney Jeff Kurtz told Rosenberg that he felt the injunction was preemptive, as the election results had not been certified yet.

“The canvassing board is charged with certifying the election results,” he said. “I think that we should allow the administrative board to make their decision before we begin the process.”

He said he was unable to speculate what the outcome of their meeting would be, noting that they may choose to go to the court for advice. “They should be allowed to do what they are tasked with,” Kurtz said.

But attorney Glen Burhans, representing Scarpa and Foster, said that the canvassing board’s certifying of the election would be considered an illegal act. “The results have already been certified,” he said. “If anything we should maintain the status quo. There is a process, and we are already in it.”

Rosenberg said she wanted to give the defendants listed in the complaint filed by Scarpa and Foster time to respond. She gave them until the end of the day, at which time she will decide whether to hear the case.

“I will let you know if we will go forward with a hearing,” she said. “If not, I will deny the motion for an emergency hearing.”

If Rosenberg grants a hearing, it is set for noon Tuesday.

News Wellington

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