MARTIN COUNTY, Fla. (CBS12) — On Wednesday, a judge ruled that Martin County Commission candidate Susan O’Rourke can remain on the August primary ballot.
A legal challenge filed by candidate Christopher Collins sought to remove his opponent from the ballot ahead of the August primary election.
Collins had argued O’Rourke was not legally a Martin County resident when she qualified to run for office and therefore should not be allowed to remain on the ballot.
O’Rourke denied those allegations and has maintained that she met all requirements to qualify as a candidate.
In June, Collins filed a lawsuit alleging O’Rourke misrepresented her residence when she submitted paperwork to run for the District 2 seat.
In court filings, Collins alleged O’Rourke listed 413 SE Hibiscus Avenue in Stuart as her legal residence on her candidate oath, but claims public records, property records, homestead records and O’Rourke’s own public statements show her legal domicile remained in St. Lucie County when she filed to run. The lawsuit says O’Rourke maintained a homestead exemption at 2 Nettles Boulevard in Jensen Beach, which the complaint identifies as being in St. Lucie County.
District 2 County Commission candidate Christopher “Doc” Collins has challenged the eligibility of candidate Susan O’Rourke. (Photos via Facebook)
Collins’ emergency motion asks the court to temporarily block the Martin County Supervisor of Elections from certifying, printing, mailing, distributing or otherwise recognizing O’Rourke as a qualified candidate while the challenge is pending. His attorneys also asked for an expedited hearing, arguing that ballot preparation and election deadlines made the case time-sensitive.
In a response filed Monday, Martin County Supervisor of Elections Vicki Davis said her office takes no position on the factual dispute over O’Rourke’s residency. But Davis’ attorney argued the supervisor’s role in reviewing qualifying papers is ministerial, meaning the office checks whether required forms were filed and complete on their face, but does not determine whether the contents of those papers are accurate.
The supervisor’s response also said some of the relief Collins is seeking may no longer be possible because ballots have already been certified, printed and mailed. According to the filing, ballot design was completed and sent to a third-party vendor on June 19, 171 ballots were mailed to uniformed and overseas voters on July 2, and about 12,000 domestic vote-by-mail ballots were mailed July 9.
Davis’ response notes that if the court ultimately disqualifies a candidate after ballots have already gone out, other remedies are available, including voter notices. The filing attaches Florida Division of Elections guidance saying notices can be posted at polling places and voting booths, added to county websites and provided to vote-by-mail voters when applicable.
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Collins, the former mayor of Stuart, resigned from his position earlier this year to enter the county commission race.