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Court Backs Ruling That Keeps County Mayor Issue Off Ballot

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Published: September 12, 2008

TAMPA - In another defeat for pro-county mayor advocates, a three-judge panel has upheld a ruling from a lower court to keep a referendum on the issue off the ballot in November.

Today, the 2nd District Court of Appeal affirmed a lower state court ruling three weeks ago that took the referendum on adopting the county mayor style of government off the ballot for the general election Nov. 4.

The proposal has been the focus of a lengthy court fight, and the appeals court heard arguments Sept. 4 for and against placing the question on the ballot.

Proponent Mary Ann Stiles gathered enough signatures to put it on the 2008 ballot, but because the petition drive took longer than planned, the petition called for a mayor to be elected in 2008. The earliest one could be elected would be 2010.

The issue went to the courts when James Shirk, a former supporter of the measure, filed a lawsuit challenging the initiative.

On Aug. 1, Hillsborough Circuit Judge James Arnold ruled that because the position had not been created, the election could not be held in 2008.

Today's ruling upheld that decision.

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