Apopka Mayor Bryan Nelson has sued to get an opponent in the upcoming election, County Commissioner Christine Moore, kicked off the ballot.
Nelson, who’s seeking a third term, filed the lawsuit Tuesday in circuit court against Moore, City Clerk Susan Bone and Orange Supervisor of Elections Karen Castor Dentel. He says Moore should be removed from the March 10 ballot because she has not lived in Apopka for long enough, and offers as evidence 70 photos of her car parked at a house outside the city limits on different days around 6:30 a.m.
Apopka, like most cities, has residency rules for political candidates. Nelson also claims she didn’t pay the legally required qualifying fee in compliance with state law.
“What she is doing is illegal, which is why I have filed a lawsuit to ask for the courts to review the evidence,” he said. “I believe they will see her actions have been improper as well and will remove her name from the ballot.”
No court hearings are set as of Wednesday afternoon, but Nelson said he hopes to get the case resolved as quickly as possible before the election. In addition to Nelson and Moore, Seat 4 City Commissioner Nick Nesta is running.
A spokesman for the city clerk’s office said Wednesday morning that a candidate for mayor must live within the city limits one year before the election to qualify.
Moore called Nelson’s lawsuit false, misleading and an attempt to draw attention away from real issues.
“Mayor Bryan Nelson should spend his time working on the myriad of serious issues facing Apopka and not resort to such bogus claims of residency against his strongest competitor,” said Moore, who has represented District 2 on the Orange County Commission since 2018 but is term-limited out. Her district includes Apopka.
She said that on March 9 — one day before the legal deadline — she began renting a room in the home at 75 W. Magnolia St. in Apopka, although she would not provide a copy of the lease, citing the lawsuit. She said the home is owned by a friend, Sammy Lee Ruth, who is trying to oust Alexander Smith from Seat 1 on the city council.
“(Ruth) offered because he knew I was in a bit of a jam for a couple of months,” Moore said. “I was actively looking for houses … but it just didn’t pop in time so I had to rent the room.”
Moore announced early last year she was running for mayor. She said even before the announcement she was looking to buy a home in the city while still living in her longtime residence at 2145 Palm Crest Drive in unincorporated Orange County.
In July she bought a house at 141 S. Central Avenue, about a half mile from city hall, then moved her belongings from the rented room and her home to the new residence, she said. She said her son is currently renting the Palm Crest house she lived in for decades.
Two pages among several provided by Apopka Mayor Bryan Nelson in his lawsuit seeking to have Orange County Commissioner Christine Moore removed from the ballot in the March city election. The photos purport to show Moore’s car parked in the driveway of her Palm Crest Drive home outside city limits between 6 and 7 a.m. over 70 days between April 16 and July 18, after the residency deadline. (Courtesy of Bryan Nelson)
Nelson provided photos purporting to show Moore’s car parked in the driveway of her Palm Crest home between 6 and 7 a.m. over 70 days between April 16 and July 18, after the residency deadline. The suit further claims that on only one occasion was her car observed at the Magnolia Street property. Nelson would not say who took the photos.
Moore said during that time she was going back and forth between the rented room and her house for work and to pack for her move.
“I’m an early riser (and) I had to come back there to work because all I had was a (rented) room,” she said. “All my stuff was at the other house and I had to go back and work.
“And then I had to pack. I had 30 years of stuff to pack.”
As far as the check she used to pay the filing fees of $1,333 on Dec. 15, it was written on the Christine Moore Campaign account with her signature. Nelson’s lawsuit claims state law requires a check signed by the campaign’s treasurer or deputy treasurer — and Moore is neither. But Moore said that’s not the rule for municipal elections and other candidates did the same thing.