Former Stuart Mayor Christopher Collins, a candidate for the Martin County Commission District 2 seat, has filed a lawsuit seeking to remove fellow candidate Susan O'Rourke from the ballot, alleging she falsely stated her legal residence when qualifying for the race.
The complaint, filed June 17 in Martin County Circuit Court, alleges O'Rourke submitted a "materially inaccurate" sworn candidate oath by listing an address on Southeast Hibiscus Avenue in Stuart as her legal residence while allegedly maintaining her legal domicile in St. Lucie County.
Collins argues the alleged discrepancy means O'Rourke did not satisfy Florida's legal requirements to qualify as a candidate for the District 2 commission seat. The lawsuit asks the court to declare O'Rourke's candidate oath legally insufficient and order her name removed from the ballot.
The complaint names Martin County Supervisor of Elections Vicki Davis in her official capacity because her office administers the election.
According to the lawsuit, O'Rourke listed 313 SE Hibiscus Ave. in Stuart as her legal residence on her candidate oath and affirmed under oath that she was qualified to seek the office.
Collins alleges public records, homestead exemption records, property records and O'Rourke's own public statements show her legal domicile remained at a property in St. Lucie County when she filed her qualifying paperwork.
The complaint cites O'Rourke's alleged St. Lucie County homestead exemption, ownership records, the timing of a property transfer involving the Stuart address and public statements in which she allegedly discussed plans to move permanently to Stuart as evidence supporting the claims.
Collins contends the lawsuit is not seeking a criminal finding but rather a judicial determination of whether O'Rourke legally qualified to run for office under Florida election law.
The lawsuit requests an expedited hearing, citing Florida statutes governing election qualification challenges, and asks the court to temporarily prevent election officials from printing or distributing ballots with O'Rourke's name while the case is pending if election deadlines allow. If the court ultimately rules in Collins' favor, the complaint asks that O'Rourke be removed from the ballot.
The allegations contained in the complaint have not been proven in court, and no ruling has been issued on the claims. O'Rourke's response to the lawsuit was not included in the court filing.