Pollinger will appear on ballot


John Pollinger
John Pollinger
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The lawsuit was filed by the former campaign manager for Republican opponent Ray Stevens.

Flagler County Circuit Judge Dennis Craig ruled Monday that John Pollinger can continue his run as a Republican for Flagler County Sheriff.

Craig denied a temporary injunction that would have blocked Pollinger from appearing on the Aug. 14 ballot.

Craig issued the ruling in response to a lawsuit filed by Anne-Marie Shaffer, the former campaign manager for Ray Stevens — another Republican running for Flagler County Sheriff.

Shaffer filed the lawsuit against Pollinger, arguing that he was a registered Democrat in New Jersey as recent as Jan. 17.

State law requires that a candidate can’t be a registered member of any other political party for 365 days before qualifying starts for a race.

Craig’s ruling, however, explicitly states that Pollinger has been a registered Republican in Florida since August 2009.

“The ‘evil’ to be prohibited was the flip-flopping of party affiliation within 365 days before qualifying commences. In this case, Pollinger did not engage in this behavior. Pollinger has had a valid Flagler County, Fla., voter’s registration with the party affiliation of the Republican Party of Florida since August 2009,” Craig wrote in his ruling.

Shaffer also claimed that Pollinger had dual voter registration in New Jersey and Florida. Craig ruled against that, too.

“There was insufficient evidence presented at the evidentiary hearing that Pollinger was legally registered to vote both as a Democrat and a Republican simultaneously. Further, there is no evidence that Pollinger intended to illegally maintain his New Jersey registration after moving from New Jersey in 2008,” Craig wrote.

Pollinger said this is one hurdle in a two-step process. He still faces the lawsuit associated with the injunction.

“It removes some of the questions in voters’ minds as to whether or not I’m going to be on the ballot,” Pollinger said Monday, in a phone interview.

He added that it’s been his right to be on the ballot all along. He said he plans to continue to campaign until a legal authority tells him to stop.

“I’ve been in law enforcement my entire life, and you don’t jump for joy at a judge’s ruling nor to you express any sorrow in a judge’s ruling,” Pollinger said.

According to Craig’s ruling, the primary ballot was to be sent to the printer by June 13. However, Supervisor of Elections Kimberle Weeks confirmed Monday afternoon that she was still waiting for final state approval to send the ballot to the printer.

If Shaffer continues the lawsuit, a final decision could be made by Craig within a few weeks, according to Michael Chiumento III, one of Pollinger’s attorneys.

 

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