The battle to determine who will replace Shirley Freeman on the County Commission is getting messy.
In the Republican Primary runoff on Oct. 3, former Key West Mayor Sonny McCoy defeated Sullins Stuart, vice chairman of the county Planning Commission, by 12 votes. He is set to go head-to-head with democrat Sheila Chamberlain and independent Jerry Coleman in the November general election.
But Sullins won't concede. He asked the three-member County Canvassing Board for a recount. That request was denied by a 2-1 vote. Supervisor of Elections Harry Sawyer and County Judge Susan Vernon voted "no." Only county Commissioner Shirley Freeman pushed for a recount.
Rebuffed by the Canvassing Board, Stuart has now filed a lawsuit to try to overturn the results of the runoff election.
The suit, which names Canvassing Board members Sawyer, Vernon and Freeman— as well as McCoy— alleges that the Canvassing Board accepted enough illegal votes to change the outcome of the election. The suit also alleges that "some electors were given or offered something of value for the purpose of procuring the Republican nomination . . . for McCoy."
Key West The Newspaper has also learned that Commissioner Freeman may have violated election law— a felony— by serving on the Canvassing Board while actively participating in Sullins Stuart's campaign.
Freeman was named to the Canvassing Board in her role as County Mayor, the chairman of the Board of County Commissioners. But state statue requires disqualification of any member who is "an active participant in the campaign or candidacy of any candidate . . . in the election being canvassed."
• Freeman reportedly recruited Stuart to run for the seat she was vacating.
• She reportedly collected signatures to help him qualify by the alternative method.
• She reportedly solicited campaign funds for Stuart; and she contributed to his campaign herself.
• She reportedly lobbied organizations in an effort to get endorsements for Stuart.
• She posted a large Stuart campaign sign in the front yard of her home on Eaton Street.
• And she wore a large Stuart campaign sign around her neck at various social and political functions.
Yet, she served on the Canvassing Board anyway— then, after Stuart lost, she was the lone vote supporting Stuart's request for a recount.
State Statute 104.051 states: "Any official who performs his or her duty as prescribed by this election code fraudulently or corruptly is guilty of a felony of the third degree . . . "
At presstime, Commissioner Freeman had not responded to a request for comment.
Stay tuned.