A quirk in the state’s resign-to-run law could force a candidate for Orange County Clerk of Courts off the ballot if a new lawsuit is successful.
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In a complaint filed by former Orange County Property Appraiser Rick Singh, he alleges that County Commissioner Maribel Gomez Cordero isn’t eligible to run for clerk – because if she wins, the final 28 days of her term as commissioner would overlap with her swearing in to her new office.
There are three Democrats, Singh, Cordero and Roberta Walton Johnson, seeking to win the Aug. 18 party primary, which is closed only to registered Democrats. The winner will face Terrell Thomas, who has no party affiliation, in November.
Because incumbent clerk Tiffany Moore Russell is resigning her seat effective Sept. 1 to run for county mayor, Florida law requires the person elected to serve the remainder of her term to take office on the first Tuesday after the first Monday following the election. This year, that would be Nov. 10.
But Gomez Cordero’s term as a commissioner runs through Dec. 8, meaning there would be a 28-day overlap where she would hold two elected posts – which is illegal under state law.
The suit alleges Gomez Cordero would have needed to have already submitted a “timely, irrevocable written resignation” from her commission seat, with an effective date before Nov. 10, in order to qualify for the race.
Gomez Cordero didn’t respond to a call seeking comment.
Anthony Sabatini, a Lake County commissioner and the attorney who filed the suit, said Florida law states Cordero should be removed from the ballot.
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“It’s a harsh remedy,” he said. “To me, it’s very clear. But it is unique.”
Orange County Supervisor of Elections Karen Castor Dentel was named in the suit because a judge’s ultimate decision could require action by her office. She declined to comment, and her office said it had no resignation letter on file from Gomez Cordero.
If successful, Singh, who was Orange County’s property appraiser from 2013 until 2021, would be in a head-to-head contest with Johnson, currently the general counsel for the clerk.
The brouhaha is the latest legal drama in Orange County surrounding Florida’s resign-to-run law. Another involves the District 3 race for a seat on the Board of County Commissioners.
In that race, incumbent Mayra Uribe resigned her seat to run for mayor as well, but had an effective date in December. That left less than 28 months left in her term, meaning her replacement would be filled by gubernatorial appointment.
Randy Ross, one of seven candidates who were running to replace Uribe with the expectation there would be an election this year, filed a lawsuit last month seeking a clarification of state law, in hopes a judge would force the contest onto this year’s ballot.
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Ultimately, a hearing hasn’t been set in either suit yet.