Nov 25, 2008 10:56 pm US/Eastern
Dade Property Appraiser Runoff Election Will Go On
MIAMI (CBS4) ―
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Gwen Margolis, candidate for Miami-Dade Property Appraiser, plans to file a suit to stop a run off election and declare her the winner.
CBS
The race for Miami-Dade County's property appraiser will ultimately go to a runoff election, after a Miami-Dade judge dismissed a lawsuit Tuesday by the highest vote getter in the November 4th election.
Gwen Margolis sued to stop the runoff election and be declared a winner because she got 280,604 votes (42.06%), which is the largest number of votes, and Pedro Garcia got 208,527 votes (31.26%). They were the top candidates in the race that had four candidates. However, the Miami-Dade County Home Charter Rule requires a majority of the vote to elect a property appraiser.
December 16th is the day Miami-Dade commissioners set Thursday to allow voters to decide between Margolis, a former State Senator, and real estate appraiser Pedro Garcia. Polls will be open from 7:00 a.m. to 7:00 p.m. at all polling locations.
Commissioners acted despite threats from Margolis to sue to prove her claim that under Florida law a runoff is not required.
In the November 4th election Margolis received the largest number of votes in a 4-way race with 42 percent, but under Miami-Dade law election officials said she needed 50% plus one vote to avoid a runoff against second place finisher Pedro Garcia.
Garcia, 71, is a Realtor, real estate appraiser and an appointed magistrate on the county's Value Adjustment Board.
The vote by the commission backed election officials and set the runoff date but an angry Margolis, a former member of the commission, accused her former colleagues of defying the Florida constitution.
Margolis promptly sued Miami-Dade Supervisor of Elections Lester Sola, the county canvassing board and her opponent, seeking an injunction against the December runoff.
"The County Commission continues to defy the Florida Constitution by setting an election date which is clearly unconstitutional," Margolis said in a statement released by her attorney's office.
She accused the county of spending $3.9 million to hold an un-needed county-wide election, complete with early voting, despite her claim that under state law, a run-off is not required.
Florida eliminated runoff elections for statewide officials like the Governor and Attorney General following the last state election in 2006, and Margolis argues that as the office of property appraiser is considered a state office, county ordinances requiring a runoff if a candidate does not get a majority are trumped by the state law.
Currently, Miami-Dade's property appraiser is appointed, part of the county's home rule charter. Voters agreed to change the office to an elected position as it is elsewhere in the state, and the winner of this election will be the first elected appraiser since Miami-Dade approved it's home-rule charter.
The Miami-Dade Property Appraiser is the person responsible for setting the biggest tax roll in the state.
If the court allows the election to be held, in addition to the actually runoff four early voting sites will be open for two weeks before the race.
The locations of those four early voting sites are:
* North Miami-Dade Regional Library
* South Miami-Dade Government Center
* Downtown Miami Government Center (Stephen P. Clark Building)
* West Miami-Dade Regional Library Voters may also vote by absentee ballot. On election day, voters will cast ballots in their normal precinct location.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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