Appeals Court: Jabour’s election invalid

[thelakelander]

The First District Court of Appeal Friday upheld a decision to invalidate Jacksonville City Councilman Jay Jabour’s election.

The unanimous ruling could pave the way for a special election for the at-large District 2 seat.
Jabour, a Republican, won election to an at-large council seat in May, beating Democrat Bob Harms in a runoff.

full article: http://news.jacksonville.com/justin/2008/02/22/appeals-court-jabours-election-invalid/

[Steve]

So how does this work?  Is it Bob Harms vs. Theresa Graham now?

It would be hot stuff if after Harms raises all of this stink, Graham beats him.

[Driven1]

I think this is actually the FIRST time I have seen true justice with anything political in this city.  Thank God for that 3rd branch of our government - the courts. 

[Steve]

Jabour resigns from Jacksonville City Council
Posted: Tuesday, February 26th, 2008 at 5:49 pm

By BETH KORMANIK
The Times-Union

Councilman Jay Jabour resigned from the City Council shortly after the today’s meeting began at 5 p.m.
“The brief time I’ve been here has been a wonderful experience, and I regret that I now must leave before the work I was elected to do is complete,” he said in a prepared statement.

Jabour lost an appeal last week to remain in office after a Duval County judge ruled he did not live in the proper residency area for his council seat.

By leaving now, he prevents a special election that would have cost about $1.1 million. Jabour said the city should not have to bear that expense. Instead, an election for his vacant seat will take place in the regularly-scheduled Aug. 26 election.

Democrat Bob Harms filed the lawsuit against Jabour after losing to him in the May election. Harms has said he intends to run for the seat.

Below is a copy of Jabour’s statement to the council today:

I want to thank my many supporters, family, friends, and colleagues for the opportunity you have given me to serve as your city councilman. It has been my life’s honor to represent the people of the City of Jacksonville as a member of this body. The brief time I’ve been here has been a wonderful experience, and I regret that I now must leave before the work I was elected to do is complete.

If you will indulge me, I’d like to spend just a few minutes talking to you about the events that led to the recent court decision requiring me to vacate the seat to which the people elected me.

In 2004 â€" more than two years before the election â€" my family and I decided to make our home in Jacksonville Beach our primary residence, with the intention that we would eventually sell our other home in San Jose. As such, I changed my Homestead Exemption, my drivers’ license, my voters’ registration, and my car registration to the beach home that we’ve owned for over a decade. I made these changes in accordance with the law as I understood it.

I subsequently decided to run for elective office for the at-large, group-two council seat, waging a hard-fought campaign that was based on experience and the issues, and winning an overwhelming victory.

However, having lost at the ballot box, my opponent decided to try to negate the will of the people by filing suit to overturn the result based on questions of my legal residency. The courts obliged with what is in my and my attorney’s view, an unreasonable and narrow interpretation of the law, saying that because I did not spend 183 consecutive nights at my beach residence, I was therefore not qualified to run.

That begs the question â€" must a candidate sleep in the same bed for 183 consecutive nights in order to qualify to run for public office? How many of us have gone out of town over the course of six months to attend a funeral, a wedding, take a vacation, or to visit a sick relative? I was, in fact, away from home during this time for many of the reasons I just cited.

Nevertheless, I have always been open and honest about the fact that my head did not lie on the same pillow every night during the qualifying period. And I want to emphasize that never at any time did I purposely try to deny or hide this fact. Yet no lawsuit or serious challenge to my candidacy was brought against me by my opponent during the campaign.

While I strongly disagree with the courts’ decisions and am inclined to continue to fight in spite of the mounting personal and legal costs, the citizens of Jacksonville deserve a full-time representative on the city council.

If I were to file an appeal to the Florida Supreme Court, and it is accepted, and a favorable ruling is issued after a special election is held, my successor may find himself or herself in a situation where he or she could likewise be removed by the courts. It is for these reasons that I have decided not to further appeal my case.

I always will be gratified by the fact that in the election over 62% of Jacksonville voters chose me as the candidate most qualified to represent them. Although I am now being compelled to leave office, I want to assure my many friends and supporters that I will continue to care about and serve the people of the city I love.

Although we are grappling with issues that are perhaps the most momentous we’ve faced since Consolidation, I believe our city is fortunate to have leaders in place who have the foresight and ability to meet the challenges that confront us. The future for Jacksonville is a bright one.

Thank you again for the privilege of serving you â€" and serving with you â€" as a member of the Jacksonville City Council.

http://news.jacksonville.com/justin/2008/02/26/jabour-leaves-jacksonville-city-council/

[Steve]

jabour, once more

The maneuvering over the City Council chair left vacant when Jay Jabour was forced to abandon his At Large seat isn’t over.

At a hearing today before Circuit Court Judge Bernard Nachman, Jabour’s attorney Steve Busey argued that the Group 2 election should be opened to anyone qualified to run. Until now, the understanding has been that Jabour’s two unsuccessful opponents would vie for the seat. But Busey argued that, since the courts have ruled Jabour wasn’t qualified to run in the first place, the first election was moot.

In effect, Busey says that because the first election was bogus, Nachman should stage a do-over.

The move would clearly disenfranchise Democrat Bob Harms and Republican Theresa Graham, who have both signed up to run (again) for Jabour’s seat. Whether an open race would allow Jabour a shot at running (again) isn’t clear. We’re trying to confirm whether Jabour has been living at his Jax Beach condo in recent weeks, trying to establish the residency requirement that the courts deemed he failed to meet the first time around. (We’ll post more here when we know it.)

If Jabour can’t run, it’s not clear why his attorney is fighting to re-open the race â€" unless he’s speaking for the local GOP, which is generally unhappy with their choices. (Harms is a Democrat, and Graham is a hyper-conservative who supported Randall Terry’s run against Florida Senator Jim King.)

Today’s hearing was scheduled at the request of Harms’ attorney, Neil Henrichsen, who asked Nachman to repeal a stay he imposed in October, which allowed Jabour to hold onto his seat pending appeal. If Nachman lifts the stay and says the election was invalidated in October, the Duval County Supervisor of Elections might be forced to hold an election in April rather than in August, as he has promised. (When an elective office is vacated, a new election to fill the seat must be held within six months, according to state election law.)

http://www.folioweekly.com/folioblog/?p=689

[Steve]

Personally, I think this is the way to go.  How many people didn't enter the race because they didn't want to run against Jabour?