Lawsuit challenging Wheeler’s residency dismissed for lack of jurisdiction

BY JENNIFER CABRERA
GAINESVILLE, Fla. – A lawsuit filed by Eugene P. Garvin, Sr., against County Commission Candidate Marihelen Wheeler, challenging her residency, was dismissed today “for lack of subject matter jurisdiction.”
Garvin, a registered Democrat, filed the lawsuit to contest Wheeler’s 2022 Primary Election win; the complaint claims that contrary to the statute that says a candidate “must reside in the county and district at the time of election,” Wheeler did not reside in District 2 “and cannot be considered the winner of the August 23, 2022 primary election for the Alachua County Commission District 2 seat.” The lawsuit asked the court to disqualify Wheeler from the November 8 General Election.
In her response to the complaint, Wheeler filed an affidavit stating that her legal residence, which she co-owns with her son, is in District 2. Wheeler stated that she pays for the property taxes and utilities at that property and has listed the property as her homestead. She also stated in the affidavit that she receives mail at all three of her properties, including the home she shares with her son, and that the District 2 address is on her driver’s license and voter registration card.
Wheeler paid back taxes and penalties on May 31, 2022, after a Gainesville Sun investigation found that Wheeler claimed a homestead exemption on a property in District 4 (represented by Commissioner Ken Cornell) while claiming to reside in District 2. At the time, she told the Sun that the homestead exemption on the District 2 property was solely in her son’s name.
Florida Statute 179.131(2) states, “Any person who knowingly and willfully gives false information for the purpose of claiming homestead exemption as provided for in this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by fine not exceeding $5,000, or both.” A first-degree misdemeanor may be punished by up to one year of imprisonment, according to s. 775.082.
Garvin filed an amended complaint in October, adding the Alachua County Canvassing Board as a defendant. On October 21, the attorney for the Canvassing Board filed a Motion to Dismiss, stating that Wheeler has not yet been elected to office and that Florida law does not permit a challenge of the results of a primary election based on residency.
Following yesterday’s hearing, Judge Monica Brasington entered an order today dismissing the case without prejudice. She wrote that the court lacks subject matter jurisdiction to rule based on residency because the general election has not yet taken place. She also wrote that Garvin may file a new lawsuit within 10 days after the general election.
Can you smell what the AC Political and Judicial systems are cookin? LMAO!
Crooked Canvassing Board had no business getting involved! Wheeler tells the liberal Sun one thing about her “home” in May but then does a reversal and apparently admits she just can’t remember where she lives when she says she does in fact pay the taxes (are we sure she pays taxes anywhere) and apparently her son lives with her if it is her house! Put this criminal and lifetime career politician in jail!
Simply a travesty! Democratic Party Canvassing Board motion for dismissal, and a Judge who took the bone from them and ran with it to allow this tax evader to continue marching toward another four years of living off honest, hard working, AC taxpayers!
Florida law must be revised to outlaw illegal primary candidates. Many local primaries are in one party rule counties like ours, and it discourages LEGAL candidates to run in the primaries.
The ACC has figured out how to ignore lawlessness and dirty money and salaries. Springs County is the only way to shrivel up their funding.
Funny, reminds me of the 2020 election. Before the election the court lacks jurisdiction, after the election it’s too late. There’s always some excuse to not do something if they don’t want to.