ORLANDO, Fla. – The Democratic primary for Orange County supervisor of elections is officially moving to November after a judge disqualified the race’s no-party-affiliate candidate from the ballot Friday.
Circuit Judge Lisa Munyon ruled that Cynthia Harris, the NPA candidate who was approved for the ballot in June, paid the qualifying fee from a bank account that was not designated as a campaign depository, a violation of election law.
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As a result, Munyon directed current Orange County Supervisor of Elections Glen Gilzean to remove Harris’ name from the November ballot.
[RELATED: Here’s what will be on the Aug. 20 election ballot in Orange County | Florida election voting guide]
“We recognize this result is harsh. But section 99.061(7) is clear, and it is not for us to rewrite a statute to save a party in such a situation. We must enforce the law as written,” Munyon wrote.
Munyon also agreed with Gilzean that the county elections office is only allowed to serve a “ministerial function” when it comes to candidate qualifying.
“It is incumbent upon candidates to know and follow the rules,” Gilzean said in a statement to News 6 Friday. “We will move forward with the November election under guidance from the court and the state.”
Dan Helm, the Democratic candidate and election lawyer who filed the lawsuit, called it a win for the integrity of the ballot.
“I know the rules, and I’m helping correct mistakes. We have to know that our elections are safe and ensure every voter has their voice heard on election day,” Helm said. “I would have caught this from the start. I would have even helped Cynthia Harris fix this problem.”
Harris was the only candidate who qualified for the supervisor of elections race who wasn’t a Democrat. Four candidates were set to face each other in a primary on Tuesday, Aug. 20.
Had Harris not been allowed on the ballot, the Democratic primary would have been opened to all voters as a universal primary.
But voting has already begun for that primary. The county elections office began sending out vote-by-mail ballots in July and early voting began earlier this month.
To ensure no voter is disenfranchised, the elections office said state rules say the Democratic primary will now be moved to the general election in November.
Any votes that have already been cast in the race will not be counted. All voters will essentially have another chance to vote in the race.
Gilzean’s office said it is printing out information explaining the situation to voters, which will be available at all polling sites.
News 6 reached out to all of the Democratic candidates, as well as Harris, to get their reaction on Friday’s ruling. Here are their responses:
While the election date may have changed, our message is the same. I’m running to ensure transparency, integrity, and fairness in the elections office. And I look forward to delivering that message to all Orange County voters over the next 81 days.
Karen Castor Dentel, Democratic candidate
Even though this race has shifted-you still have a ballot full of qualified candidates to choose from in multiple races so we need full participation. The impact of the trial is all about policies and procedures being implemented properly. My experience and expertise will shine in ensuring proper qualification processes as your next elected supervisor of elections. My mission is to make the process more attainable for all citizens - to serve so candidates and voters are able to show up with confidence in our elections. All of Orange County will be given the opportunity to make their vote/voice heard in November and again-please help keep our democracy strong and vote in our primary on or before August 20th!
Sunshine Grund, Democratic candidate
Today’s ruling that Ms. Harris did not follow the clear procedures outlined in election code is unfortunate. However, it is equally concerning that Mr. Helm waited weeks to bring this lawsuit, resulting in thousands of votes being invalidated. While he was correct in his legal argument, the result of his delay is an enormous waste of campaign resources, the invalidation of votes, and the unleashing of confusion and chaos just days before an election concludes.
I look forward to continuing the work of bringing our message of inclusion and accessibility to voters between now and November 5th.
Wes Hodge, Democratic candidate
Victory. This is a win for the integrity of the ballot.
I filed this lawsuit because I saw a violation of the election code. The impact will change our contest to a universal primary contest. All voters will be able to vote in that contest in November.
Ya know, more simply: I’m the only candidate who has proven many times that I can do the job of the Supervisor of Elections, by doing the job. I know the rules, and I’m helping correct mistakes. We have to know that our elections are SAFE and ensure every voter has their voice heard on election day.
I would have caught this from the start. I would have even helped Cynthia Harris fix this problem. This is why you need Dan Dan the Voting Man as your Supervisor of Elections!
You have a choice this November between several candidates. Remember the one that fought for your vote.
Dan Helm, Democratic candidate