Suit over Powell’s election dismissed
Replay of elections would have cost taxpayers $1M.
TALLAHASSEE — A L e o n County judge Monday dismissed a lawsuit over the election of Riviera Beach Democratic state Sen. Bobby Powell, apparently ending the possibilit y of a costly do-over contest.
Circuit Judge Terry Lewis said he lacked the legal jurisdiction to hear the claim by Ruben Anderson, a Democrat, and Ron Berman, the Republican who lost to Powell in last month’s election.
Rober t Hauser, a West Palm Beach attorney representing Anderson, said it would be several days before a dec i sion i s re ached on whether to appeal Lewis’ ruling.
Palm Beach County Elect i o n s S u p e r v i s o r S u s a n Bucher had said a replay of the two recently completed elections could cost taxpayers more than $1 million.
Powell, a two-term state House member, beat Berman , t h e c o - f o u n d e r o f Quicken Loans, by carrying 54 percent of the vote in last month’s election, less than three months after winning 67 percent of the Democratic primary vote in defeating Michael Steinger, a trial lawyer.
Anderson, though, was disqualifified in July after his bank did not honor his campaign’s $1,781.82 check to cover the candidate qualifying fee.
Florida law gives a candidate until the end of the qualifying period to correct such a situation. But Anderson, a pastor who retired from running his own landscaping business, had no remedy because his check was returned after qualify- ing closed.
Anderson, though, gained new legal life when the section of state law that thwarted him was declared unconstitutional in September by the Florida Supreme Court in a similar case involving the mayor’s race in Miami Gardens.
But in his ruling, Lewis sided with Powell’s attorney, Mark Herron, who argued in a recent hearing that since the lawmaker had already t aken office, Florida law leaves it to the Senate – not a court — to decide a senator’s eligibility to serve.
Senate rules, though, also require any such election “contests” be fifiled before the Legislature’s Nov. 22 organizational session.
Berman had fifiled a contest with the Senate seeking unsuccessfully to stop Powell from being seated during that session. But since Berman’s contest failed to halt Powell’s swearing-in, that avenue now also appears closed.
Ryan B erman, a Michigan lawyer representing his father, Ron, said it was unclear whether Monday’s ruling would prove the fifinal action.
“I think we’re in unprecedented territory here, anyway,” Ryan Berman said.