CAROLLO RECALL PETITION STRUCK DOWN AS ILLEGAL: Judge Orders Recall Petition Dismissed as Untimely in Violation of Law

FOR IMMEDIATE RELEASE

CAROLLO RECALL PETITION STRUCK DOWN AS ILLEGAL: Judge Orders Recall Petition Dismissed as Untimely in Violation of Law

Today (September 17, 2020), in a widely awaited decision in litigation challenging the legality of the Commissioner Carollo Recall Petition, Circuit Court Judge Alan Fine struck down the petitions as illegal in violation of clear Florida Law. Finding that the Recall Committee delayed too long when submitting signed petitions to the City of Miami Clerk, the Judge explained that the statute was plain when it set the absolute deadline for turning in the petitions. The intentional delay by the Recall Committee to wait to submit the petitions unfairly gave it more time to obtain petitions after the deadline, Commissioner Carollo’s lawyers argued, thus giving them time to supplement the insufficient petitions required by law.
Judge Fine also ruled that the Recall Committee’s attempt to submit copies of the petitions by email was illegal because the law requires the original petitions signed by actual voters to be filed with the City Clerk. Ben Kuehne and Robert H. Fernandez, lead lawyers for Commissioner Carollo, noted that “only the original petitions could be examined for signature verification, so it was obvious the Recall Committee was taking steps to circumvent a true and accurate examination of the signatures.”
The recall process was flawed from its inception, originating from “special interests” intent on removing a Commissioner “who acted to serve the community and its citizens, and not the back room deals that only benefit the powerful,” Commissioner Carollo declared.

With the many important issues affecting the lives of our citizens, said Commissioner Carollo, “I am honored that Judge Fine’s ruling will allow me to continue my focus to advance the health, safety, and welfare of all Miamians during these challenging times.” This validation of the “rule of law,” noted lawyers Kuehne and Fernandez, “is especially welcome today, U.S. Constitution Day, the very day we celebrate that we are a nation of laws, not bending to the will of those with money or influence.”

For more information, contact:
Benedict P. Kuehne 786.543.8352 or ben.kuehne@kuehnelaw.com
Robert H. Fernandez
(305) 215-2264 rfernandez@rhflawfirm.com

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