The city of Miami has sued a mayoral candidate for $3,400 in court costs after she was disqualified from the race on the grounds that she didn’t meet the residency requirements.
In case anyone was wondering, Mayra Joli — a one-time Coral Gables commission candidate who campaigned in the Miami mayoral race last month, even though she was disqualified by a judge — would have come in third.
The judge’s decision on the city’s motion to have her disqualified was not made in time to remove Joli’s name from the ballot, so people could still vote for her even though she couldn’t serve. And thousands of them did.
Mayor Francis Suarez swept the polls with 79% of the vote, but Joli — who argued that she has residences in both Miami and the Gables — had a surprisingly decent showing, with more than 8% of the vote. The number 2 position went to entrepreneur Max Martinez, who got 11%.
Even more stunning was the early voting performance, where Joli got more than half as many votes as the mayor.
Joli — who gained national fame as the enthusiastically nodding lady at the Donald Trump town hall in Miami last year — did better than she did in April’s Coral Gables commission race, where she came in fifth with just over 7% and less than 800 votes. In Miami, Joli got 2,487 votes.
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But none of them count after the city fought zealously to remove her from the ballot. Joli said they were defending the incumbent. But the city attorney is going to say she was defending the rights of citizens to be represented by someone who actually lives in the city. The
The motion filed in the 11th Circuit Court 14 days after the Nov. 2 election seeks reimbursement for costs the city incurred in getting Joli off the ballot. Those are:
- Filing fee: $415.04
- Service of initial process: $154.30
- Service of initial process: $159.30
- Court reporter attendance fee for 9/22/21 hearing: $95.00
- Court reporter attendance fee for 9/24/21 hearing: $95.00
- Transcript cost for 9/24/21 hearing: $65.45
- Court reporter attendance fee and transcript for 10/6/21 hearing: $546.50
- Court reporter attendance fee for 10/15/21 hearing: $395.00
- Transcript cost for 10/15/21 final hearing: $1,368.50
- Service of trial subpoena (MDC Supervisor of Elections): $88.00
The total “taxable costs incurred” come out to $3,382.09.
The plaintiff is City Clerk Todd Hannon, but everyone knows that it is City Attorney Victoria Mendez who is behind this.
“Of course it is,” Joli told Ladra. “Clearly this is a lesson so I learn that whey they give an order, I have to do what they say.”
Read related: Former Coral Gables candidate is running again — for Miami mayor
Mendez said this type of lawsuit is standard.
“The city routinely seeks to recover taxpayer funds expended as costs when it prevails in litigation, especially frivolous litigation,” Mendez told Ladra in a text message late Friday. “The Florida statutes provide for the recovery of costs for the prevailing party.
“This happens all the time. She is not special,” Mendez said. “Whenever we are in a lawsuit that we should not be in, we can seek costs.”
Joli asked Miami-Dade Circuit Judge Mark Blumstein to recuse himself from making this decision. She says there’s a conflict of interest because Jose Riesco serves as campaign treasurer for both the judge and the mayor.
But Riesco does the numbers for about half the politicos in the 305. Carlos Trueba does the other half.
In her own messy motion to reconsider the dismissal of the motion to have the judge recused — whew — Joli says the city is doing this as political payback and that she does not believe that the judge can be impartial.
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“The city has an army of attorneys working against me, for political reasons,” Joli wrote.
“I want what every American citizen wants of our legal system, a fair chance. I fear I will not receive a fair and impartial hearing because of the close business, financial, and/or political common interest relationship between the presiding judge and my former opponent, Francis Suarez. He has now been re-elected mayor thanks to the results of this proceeding and the City of Miami staff’s meticulous work safeguarding his re-election.
“The City of Miami is using the taxpayers’ dollars (my dollars) to advance a political hit piece. The City of Miami is using its resources to teach a black woman a lesson. That lesson is, to obey. That disobedience came into effect when I refused to reconsider my decision to run, as the city attorney requested. That is an abuse of authority and abuse of power. I fear I am not protected, and I have nowhere to turn. I fear I am not going to receive a fair hearing on this request of the city to punish me fiscally. The court denied my motion to disqualify without a hearing. The city filed a Motion to charge me for the luxury of defending myself, and that motion is being entertained even though it is part of an unfair political vendetta. The commissioners who the attorney(s) and the City Clerk profess to represent have no knowledge of this action taken against me. I discovered it is an action done by the city attorney in connection with and under my opponent, the incumbent re-elected mayor’s direct orders. The re-elected mayor shares an important and central campaign element with the presiding judge in this proceeding. I fear I am not treated fairly, and I fear I am not going to be treated fairly.”
Joli told Ladra that she had spoken to commissioners Joe Carollo, Manolo Reyes and Ken Russell and that none of them knew the city had sued to recoup the $3,400. She may still show up at next week’s meeting and complain more loudly.
Perhaps commissioners should pony up and, between them, pay for these court costs out of their office slush funds. That money has been wasted on far worse.
Or, better yet, maybe Suarez can make a donation from his political action committee.