Harden Sues To Get Another Republican On Group 2 At-Large Ballot (What's Wrong With Theresa?)

Jimmy Midyette over at JaxOutLoud has just linked a suit filed by Richard Brown seeking declaratory relief to get Brown on the ballot with Bob Harms and Theresa Graham to fill Jabour's recently vacated Group 2 at-large seat on the City Council. Paul Harden is Brown's counsel of record on this case.

The Complaint speaks for itself and so requires no real analysis. Basically, Harden is saying that Jabour resigned before the 1st DCA's order upholding Nachman's ruling become effective, and Nachman stayed his own order until the appeals process had been exhausted, thus creating a window for Jabour to resign instead of having his election actually nullified.

Therefore, pursuant to Jacksonville City Ordinance, a vacancy must be declared. This was duly done by the City Council. However, Brown's complaint is that the Resolution announcing this vacancy improperly limited the election to only Harms and Graham, thereby excluding any other candidate (i.e., GOP approved candidate, which Graham clearly doesn't qualify as) from running.

In an abundance of caution, Harden also pleads that removal from office for any reason authorized by law is also by definition a vacancy that requires the seat to be filled in accordance with City Charter and Ordinance.

Okay. You've got the background. However, what's really offensive is in Harden's cover letter to Rick Mullaney (The City Council are the named defendants), he asks that service be accepted (no issue there) and that Rick file a responsive pleading as quickly as possible so Harden can get in his summary judgment motion to beat the June 16, 2008 qualifying date.

In other words, Harden is basically saying, "Rick, let's get this party started so I can kick your butt quickly because I'm going to win anyway and my boy Brown needs all the time he can to get on the ballot and raise his money so Peyton can have a yes man back on the City Council."

Or something like that.

This issue is picking up at JaxOutLoud so keep checking there to stay abreast of how this plays out.