Former Orlando Commissioner Regina Hill’s last-ditch attempt to overturn her successor’s election and return to the City Council faced skepticism from a judge and harsh questions from attorneys at a hearing Tuesday.
Commissioner Shan Rose, who sat on the other side of the courtroom from Hill, won a three-way race in November with 52% of the vote for a full four-year term representing the downtown-area District 5. Previously, Rose served as interim commissioner for more than a year after Hill was removed from office following her felony indictment on charges of elder abuse and fraud.
Hill filed the lawsuit against Rose and Orlando’s canvassing board about a week after the election. She contended that someone associated with Rose’s campaign offered Visa gift cards and health screenings in exchange for votes in favor of Rose and that the campaign was ballot harvesting, or collecting more than two absentee ballots, in violation of Florida law.
The lawsuit asks for a judge to toss out the results of the vote, or declare Hill the winner.
Rose, through her attorney, has denied the claims.
Joshua Bachman, a Downs Aaron attorney representing the canvassing board, said he closely reviewed the allegations and found no evidence to support them.
“What you’re missing is, where is the bribe? … That is the standard … and it’s just not there,” he said in the hearing. “There are serious allegations here, but the problem is there are no material facts behind them.”
Rose’s attorney Christian Waugh agreed, while arguing for the case to be dismissed and noting that “hell hath no fury like a politician scorned.”
Rose received 452 more votes than Hill in the Nov. 4 contest and was sworn in Monday to the seat.
Waugh said it would take proof of 87 wrongfully cast ballots to bring Rose under 50% of the vote and trigger a run-off under state law. He said afterward he suspects the judge will toss the case or that Rose will prevail at a later hearing.
“There is no scenario at all in this case … where a vote will flip from one vote to another,” he said.
While Chief Judge Lisa Munyon didn’t immediately offer a ruling, she questioned Hill’s attorney whether Florida law even allows for the case to proceed. Munyon asked both sides to submit their proposed orders by the end of the week, clearing the way for her to rule by the end of the month.
After Tuesday’s hearing, Greenlee said he believes Munyon will allow the case to proceed and that he was prepared to prove the allegations.
Hill also contended that the allegations were criminal and that prosecutors should investigate – but said she didn’t have evidence such an investigation was underway.
“There’s much criminal activity. There’s ballot harvesting, there’s bribery and there’s illegal use of taxpayer dollars to win an election,” she said. “It’s a stolen election.”
Meanwhile, Hill has a hearing in her criminal matter on Friday, at which a a trial date could be set.