complaint - dania beach case

8/10/2019 Complaint - Dania Beach Case

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,

IN AND FOR BROWARD COUNTY, FLORIDA

CHARLES K. MAC MCELYEA

Plaintiff,

vs. Case No.:Division:

DR. BRENDA SNIPES, in her capacity

as Supervisor of Elections for BrowardCounty, and JAMES ROBERT RIDGLEY,

III, personally

Defendants.

_____________________________________/

COMPLAINT FOR EMERGENCY DECLARATORY, EMERGENCY INJUNCTIVE

AND OTHER RELIEF

Plaintiff, Charles K. Mac McElyea (McElyea) by and through his undersigned

counsel pursuant to Fl. R. Civ. Pro. 1.190 allege on information and belief, based, inter aliaon

the investigation of their legal counsel, except as to those allegations which pertain to the

Plaintiff, which are based on personal knowledge and belief, as follows:

NATURE OF ACTION

1. This is an action by which Plaintiff seeks a judgment declaring that candidate James

Robert Ridgley, III (Ridgley) lied on required paperwork to seek elective office as a City

Commissioner in the City of Dania Beach, that he is constitutionally unfit to serve in any elected

office in the state of Florida because he is a felon who has not had his rights restored.

JURISDICTION AND VENUE

2.

This Court has subject matter jurisdiction as the relief sought is a declaratory judgment

and an injunction.

3. Venue is appropriate in this county as Dania Beach is located entirely within Broward

County, Florida.


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PARTIES

4. The Plaintiff, Charles McElyea, is a long-time resident, voter and former Mayor of Dania

Beach, Florida and is otherwisesui juris.

5. Defendant, Dr. Brenda Snipes is the Supervisor of Elections for Broward County, Florida

and is being sued exclusively in her role as Supervisor of Elections and is otherwisesui juris.

6. Defendant James Ridgley III is a resident of Dania Beach, Florida and is currently

seeking the office of Mayor/Vice Mayor of the City of Dania Beach, Florida. He is also a

convicted felon and is otherwisesui juris.

7.

Charles Camacho, Jr. is a non-party to this action but may have an interest in its outcome

as a candidate for Mayor/Vice Mayor. He has been couriered a copy of this Complaint.

8. Commissioner Bobbie Grace is a non-party to this action but may have an interest in its

outcome as a candidate for Mayor/Vice Mayor. She has been couriered a copy of this

Complaint.

9. Marco A. Salvino, Sr. is a non-party to this action but may have an interest in its outcome

as a candidate for Mayor/Vice Mayor. He has been couriered a copy of this Complaint.

10.Rae L. Sandler is a non-party to this action but may have an interest in its outcome as a

candidate for Mayor/Vice Mayor. She has been couriered a copy of this Complaint.

FACTS RELEVANT TO ALL CAUSES OF ACTION

11.Defendant Ridgley has a long history of arrests and problems with the law, the vast

majority of which were for misdemeanors. (See Exhibit A.)

12.However, on October 3, 1989, Defendant Ridgley was arrested for cocaine trafficking, a

felony at the time in the State of Florida.

13.Defendant Ridgley was convicted of this crime in Palm Beach County, Florida.


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14.In order to vote or hold public official in Florida, after a conviction of a felony, one must

complete their sentence, have no pending charges, pay restitution and then have their civil rights

restored by the Cabinet. See generally Chapter 940, Florida Statutes.

15.To date, Defendant Ridgley has not had his civil rights restored, although he has alleged

otherwise in the press.

16.All candidates for municipal election must file qualifying paperwork with their City

Clerk in accordance with Florida Law.

17.The City of Dania Beach will have a vacancy of Mayor and Vice Mayor that must be

filled on November 4, 2014.

18.Pursuant to its charter, the City permits any constitutionally-eligible individual to run for

both positions at the same time in the same election. The individual who receives the most votes

is elected Mayor and the runner-up is elected Vice Mayor.

19.Among those documents required to be filed in the City of Dania Beach are:

a. Statement of Candidate declaring the candidate has read and understands the

A requirements of Chapter 106, Florida Statutes.

b. An Oath of Candidate, wherein the candidate declares that he or she is

qualified to serve office pursuant to the Florida Constitution and Florida law.

c. A Notice of Candidacy for City Commissioner which states the candidate has

fully satisfied all conditions precedent to such candidacy,

d. A copy of the candidates current Voter Information Card

20.Defendant Ridgley filed his qualifying paperwork on June 17, 2014. (See Exhibit B.)

21.Non-party Charles Camacho filed his qualifying paperwork on June 20, 2014 (See

Exhibit C.)


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22.Non-party Bobbie Grace filed her qualifying paperwork on June 18, 2014 (See Exhibit

D.)

23.Non-party Marco A. Salvino, Jr. filed his qualifying paperwork on June 16, 2014 (See

Exhibit E.)

24.Non-party Rae Sandler filed her qualifying paperwork on June 16, 2014. (See Exhibit

F.)

25.All five candidates are currently candidates for Mayor/Vice Mayor based on their filing

of complete qualifying paperwork within the qualifying time period in June 2014.

26.

The Constitution of the state, Florida law and city charter for Dania Beach vests no

entity, including Defendant Snipes, with the ability to fully examine the constitutional

qualifications of those seeking office. In short, the Supervisor and the City Clerk rely on the

sworn statements of the candidates.

27.If elected, Defendant Ridgley could not serve as he is a convicted felon who has not had

his civil rights restored.

CAUSE OF ACTION

DECLARATORY RELIEF

Plaintiff sues all Defendants and seeks a Declaratory Judgment and states,

28.Plaintiff re-alleges all previous allegations and conclusions.

29.This dispute raises a justiciable question requiring a present declaration by the Court

declaring the candidacy of Defendant Ridgley is void as he lied on his qualifying paperwork

about his eligibility to serve as Mayor/Vice Mayor of the City of Dania Beach and could not

serve as Mayor/Vice Mayor if he was elected.


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30.It is this Plaintiffs assertion that Defendant Ridgleys actions in filing out the fraudulent

paperwork is invalid and does not permit him to stand for election.

31.It is the Plaintiffs assertion that Defen dant Snipes will further this fraud, without her

having any authority absent a court order to do otherwise, by permitting absentee ballots to be

sent to voters with Defendant Ridgleys name on it or without information that votes for

Defendant Ridgley will not be counted as he cannot serve legally.

32.Plaintiff, and those similarly situated to him, would suffer irreparable injury if Defendant

Snipes did not take action to remove Defendant Ridgley from the ballot or inform the voters that

Defendant Ridgleys votes will not be counted.

33.If Defendant Ridgley is permitted to remain on the ballot it will force the other four (4)

candidates, who all complied with Florida law in their qualifying paperwork, to run in an

election against a candidate who cannot serve. They may be forced to spend resources (time or

money) to defeating a candidate that cannot serve.

34.Due to time constraints, absentee ballots will be mailed the week of September 29, 2014,

the Plaintiff and his counsel have not been able to amicably resolve this matter.

WHEREFORE, the Plaintiff respectfully requests that this Court take jurisdiction of Count

I, enter a Declaratory Judgment invalidating Defendant Ridgleys qualifying paperwork and

order Defendant Snipes to either only mail absentee ballots and provide regular ballots without

his name or provide a clear disclaimer to all voters in Dania Beach, whether they vote by mail,

early or on Election Day, that Defendant Ridgley cannot serve as Mayor/Vice Mayor and their

votes will not be tabulated.

COUNT IITEMPORARY AND PERMANENT INJUNCTION

Plaintiff sues Defendant Snipes and seeks a temporary and permanent injunction and states,


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35.Plaintiff re-alleges all previous allegations and conclusions.

36.Without the issuance of a temporary injunction, Defendant Snipes would print ballots for

the November 4 ballot (or, if ballots are already printed, distribute ballots without a clear and

proper disclaimer) that would list Defendant Ridgley.

37.The Plaintiff, and those similarly situated, would suffer irreparable harm as their ballot

would contain the name of an illegible individual, which would cause voter confusion and votes

not being counted.

38.The Plaintiff has no other remedy at law besides seeking an injunction to ensure the

election only contains candidates that complied with Florida Law and are eligible to serve.

39.Florida Law is clearindividuals who have been convicted of a felony and have not had

their rights restored are not eligible to hold public office. Therefore, Plaintiff has a likelihood of

success on the merits requiring a temporary injunction.

40.Plaintiffs only seek to either enjoin the printing or enjoin the distribution of already

printed ballots without a clear disclaimer in the City of Dania Beach, one of the smallest

municipalities in Broward County.

41.Plaintiff incorporates all arguments being made with regard to a temporary injunction

which are made in the Plaintiffs Motion for Temporary Injunction, which is being filed with this

Complaint.

WHEREFORE, the Plaintiff respectfully requests that this court take jurisdiction of

Count II, temporarily and then permanently enjoin the Defendant Snipes from issuing ballots

with Defendant Ridgleys name on them or, in the alternative, issue ballots with Defendant

Ridgleys name on them with a clear and proper disclaimer

REQUEST FOR EXPEDITED HEARING


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42.As the Plaintiff believes the ballots in question are on the verge of either being printed or

sent to vote-by-mail voters and the election has not taken place, the Plaintiff requests that an

expedited hearing be held on this matter. Plaintiff and his counsel believe that no more than a

half day will be required for this hearing.

PRAYERS FOR RELIEF

WHEREFORE, Plaintiff prays for judgment and relief as follows:

1. Enter a declaratory judgment confirming Defendant Ridgley is not permitted on the

general election ballot for election as Mayor/Vice Mayor in the City of Dania Beach,

2.

Enter a declaratory judgment stating that Defendant Snipes is not permitted to send out

ballots that either contain the name of Defendant Ridgley or if they are already printed,

that a clear and proper disclaimer be added to the ballot in a conspicuous fashion,

3. Enter a final injunction against Defendant Snipes from counting any votes that are given

to Defendant Ridgley in the general election,

4. Award costs to the Plaintiff,

5.

And such other relief as this Court may deem just and proper.

JURY TRIAL WAIVED

Plaintiff hereby waives the right to a jury trial.

Respectfully submitted,

Nicholas T. SteffensAttorney for Plaintiff

Florida Bar Number: 10873

Nicholas T. Steffens & Associates, P.A.6810 S.R. 7, Second Floor

Coconut Creek, Florida 33073

Telephone: (954) 757-1687Fax: (954) 301-6333


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E-Mail: [email protected]

Secondary E-Mail: [email protected]

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