Supervisor of Election files response to charter amendment lawsuit, calls complaint 'fatally flawed'
Flagler County Supervisor of Elections Kaiti Lenhart has filed an answer to the injunction lawsuit by Palm Coast resident Alan Lowe regarding the controversial Palm Coast charter amendment.
Lowe filed the injunction on Sept. 20 and the case has been assigned to Circuit Judge Christopher France. The complaint lists both the city of Palm Coast and Lenhart as defendants and asks the court to either remove the amendment from the Nov. 5 ballot or to require the election results not be calculated by the defendants.
But neither the city or Lenhart have the power to do so, according to the reply filed by county attorney Sean Moylan on behalf of Lenhart, as election supervisor, on Oct. 1. The reply states that the complaint is “fatally flawed and should be dismissed” as it does not name the only legal authority with the power to canvass the ballots cast and certify the results.
That power lies solely with the Flagler County Canvassing Board, the document said, who, by necessity, must be added to the complaint "as an indispensable party."
https://www.observerlocalnews.com/news/2024/oct/01/supervisor-of-election-files-response-to-lawsuit-calls-complaint-fatally-flawed/