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Judges Hear Appeal Of County Mayor Ballot Question

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By CHRISTIAN M. WADE

The Tampa Tribune

Published: September 5, 2008

TAMPA - The fate of the county mayor question is in the hands of a three-judge panel.

On Thursday, the 2nd District Court of Appeal listened to oral arguments from attorneys on both sides of a legal dispute over whether voters will get to decide Nov. 4 about creating an elected county mayor position in Hillsborough County.

At issue is whether the wording of the charter amendment is misleading. Proponent Mary Ann Stiles gathered enough signatures to make the 2008 ballot, but because the petition drive took longer than planned, the petition calls for a mayor to be elected in 2008 when the earliest one could be elected would be 2010.

Barry Richard, Stiles' Tallahassee-based attorney, argued Thursday that voters are smart enough not to be confused by the discrepancy.

"The voter is not being misled," he said. "They know it can't begin before it is adopted."

Jennifer Blohm, the Tallahassee-based attorney handling James Shirk's lawsuit, argued that the ballot language is confusing and imposes an "impossible deadline" on the county's voters.

"The people signing this petition thought they were going to get an elected mayor in 2008," she said. "You can't just change the language after people have signed it."

The judges listened to more than an hour of arguments from lawyers on both sides of the issue, but asked few questions.

They did not say when a ruling might be issued.

The issue went into the court system when Shirk, a former supporter of the measure, filed a lawsuit challenging the initiative.

On Aug. 1, Hillsborough County Circuit Judge James Arnold ruled that because the position had not been created, the election could not be held in 2008. Proponents filed an appeal two days later.

Stiles and her supporters argue that replacing the appointed county administrator with an elected county mayor would provide stronger leadership. Opponents of the measure say a county mayor position would concentrate too much power in one person.
Time is of the essence for both parties in the dispute. The deadline for adding language to November's ballot is Wednesday, according to the county supervisor of election's office.

"There's no warranty here," presiding appellate Judge Darryl Casanueva said Thursday. "We'll do what we can."

Reporter Christian M. Wade can be reached at (813) 259-7679 or cwade@tampatrib.com.

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