Thursday, July 11, 2024

Hearing set for Joe Saunders v. Moe Saunders case

By Jesse Scheckner on July 11, 2024

A final hearing is now set over whether Maureen Saunders Scott, the aunt of former Rep. Joe Saunders, can run against him under the name "Moe Saunders" for a House seat representing northeast Miami-Dade County.

Judge Robert T. Watson of the 11th Judicial Circuit scheduled the hearing Aug. 1.

In an order setting forth a final evidentiary hearing, expedited discovery schedule and deadlines for the case's three defendants, including Scott, to respond, Watson said he is "mindful" of the Aug. 20 Primary and potential appeals.

Saunders, a Democrat, filed suit late last month against Scott, a no-party candidate who lives in St. Johns County, over what he said is a "clear violation of Florida law." Secretary of State Cord Byrd and Miami-Dade Elections Supervisor Christina White are also defendants in the case.

Florida legislators last year enacted a sweeping election law that, among other things, mandates that candidates who wish to run under nicknames would have to file a separate affidavit asking for the change. The relatively new law provides that the nickname "may not be used to mislead voters," and candidates are barred from using a moniker "that implies the candidate is some other person."

Saunders' suit argues "Moe Saunders" meets both of those standards.

Scott must respond to the lawsuit by July 18. Byrd and White must do so by July 25.

Scott originally filed to run under her legal name. The similarity between her name and Saunders' raised questions even then from local citizen journalists and media about whether a "ghost candidate" was running in House District 106.

The Division of Elections approved a request to change her name on the ballot to "Moe Saunders" — one letter different from Joe Saunders — on June 13. Florida Politics was the first to report the switch, identify Scott as Saunders' aunt and find Scott's X account, from which she accused Saunders of trying to silence her about abuses she said she suffered at the hands of a family member. It also showed her interacting with the incumbent in HD 106, Miami Beach Republican Rep. Fabián Basabe, who told Florida Politics that he sympathizes with Scott but had no hand in her candidacy.

Scott has since said she believes neither Saunders nor Basabe should serve in elected office, citing her personal history with Saunders and Basabe's voting record.

*Moe + Joe = bad mojo. Image via Florida Division of Elections.*

She told Florida Politics this week that the only help she received to change her name on the ballot was from staff at the Miami-Dade Clerk's Office. The county Clerk is Republican Juan Fernandez-Barquin, a former Representative whom Gov. Ron DeSantis appointed to the job six months after the death of Clerk Harvey Ruvin.

State records show that Saunders, who served one term in the House representing Orlando from 2012-2014, raised more than $290,000 this cycle for the HD 106 race. Miami Beach Property Appraiser records show he has owned a one-bedroom apartment in Miami Beach since April 2021.

Basabe had close to $319,000 in his war chest. Of that, $250,000 was self-loaned. He faces a lone Primary challenger in lawyer and past congressional hopeful Melinda Almonte, whose campaign lists a St. Petersburg address and reported raising $24,000, 96% of which was self-loaned.

Scott, meanwhile, added $1,800 to her campaign through the end of last month, all of it from her bank account. In a July 8 post to Facebook, she said she was seeking pro bono legal aid for her lawsuit defense from several nonprofit organizations, including Equality Florida, which employs Saunders as its Senior Political Director.

She told Florida Politics that as of late Wednesday, none of the groups have offered to help her.

The Aug. 1 hearing is set for 10 a.m. in Room 8-1 of the Miami-Dade Courthouse on West Flagler Street.

Watson's ruling may inform other ballot name change disputes in Florida, including one in St. Petersburg over a City Council candidate's effort to run under his business name of Juan Lopez Estevez and another in Miami-Dade, where county Mayor candidate Miguel Quintero is suing the county and state over the removal of his nickname, "el Skipper."

Florida Politics has repeatedly requested an explanation from the Department of State for why Scott's name change was approved. The only remotely substantive response came June 21 from department spokesperson Mark Ard, who shared a link to the state law that prohibits voter-confusing nickname usage.

Florida Politics cited the law in questions sent to Ard, who has not responded to subsequent queries.