Riviera councilwoman's appeal to participate in election denied; is Supreme Court next step?

A Florida appeals court on Friday denied a request from Riviera Beach Councilwoman Julia Botel that it reconsider a ruling disqualifying her from seeking a third term.

Botel said she will appeal to the state Supreme Court, though her would-be opponent, Glen Spiritis, said his attorney told him that court does not have jurisdiction over such cases.

Without comment, the Fourth District Court of Appeal denied Botel's request for a rehearing, letting stand a decision it made on Tuesday that Botel had paid her campaign filing fee with a cashier's check and not one drawn from a campaign account, as is required by state law.

Because that alone was disqualifying, the court ruled, it did not need to make a decision on the question of whether Botel should be disqualified because her campaign paperwork was filed after the noon, November 21 deadline.

Ballots for the March 19 municipal elections have already been printed. Botel's name is on the ballot, but, unless she is able to have the appellate court's rurling reversed, she can't be sworn in for another term even if she gets more votes than Spiritis because she is not deemed to be a properly qualified candidate.

Riviera Beach had initially declared Botel to be qualified to run but later changed course, noting the late filing and use of non-campaign funds to pay the filing fee.

Botel sued, and Palm Beach County Circuit Court Judge Scott Kerner ruled in her favor, saying the city was "ultra-sensitive" and "draconian" in its reading of state law requiring candidates to file their paperwork by noon on the last day of a two-week qualifying period and to submit a filing fee from a campaign account.

The Feb. 27 ruling reversed Kerner's decision.

Would the state Supreme Court consider the Botel case?

Botel, a 76-year old former educator, expressed surprise and disappointment at the appellate ruling, saying it denied Riviera Beach voters a chance to choose from between her and her opponent, a developer and former Long Beach, N.Y., city manager.

On Friday, after her request for a rehearing was denied, she reiterated that view and vowed "to exhaust every option available to me, including appealing to the (state) Supreme Court."

"As I have previously promised my constituents, I will continue to fight for their right to a fair election for as long as the law allows," Botel said.

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Botel added that "until my legal fight concludes, I will suspend contributions to my campaign, including those intended for my legal fees. I will, however, accept pledges from those donors to contribute to my campaign account if and when the Supreme Court accepts my request to be heard."

Getting the Supreme Court to take the case could be a tall order for Botel. A case it resolved was cited in Feb. 27's ruling, and there isn't much time left before the March 19 municipal elections.

Glen Spiritis confident he would win a rematch in upcoming election

Spiritis, 71, was defeated by Botel when he took her on in 2021. But in this year's rematch, he had access to more campaign money — thanks in large part to loans he provided to his campaign — and Botel was battling lingering anger tied to a 2022 party.

Botel, the only white council member in majority-Black Riviera Beach, angered many Black residents, who said she spread racist misinformation about a Singer Island beach party that was expected to draw a large Black crowd July 3, 2022.

Botel apologized, saying she should have verified information she was given by a police officer. She refused to name that officer, saying she did not want to get the officer in trouble.

Botel's apology did not mollify many residents, who gathered thousands of signatures in a bid to recall her. The Palm Beach County Supervisor of Elections Office ultimately disqualified those recall petitions, saying they did not include the name of the city and county, as is required by state law.

Last year, Botel announced she would not seek re-election and backed her former aide. But when the aide decided not to run, Botel changed her mind and jumped back into the race.

She acknowledged that she filed her paperwork after the noon deadline but blamed another City Council member, Tradrick McCoy, whom she said shouted racial epithets at her and verbally abused city clerk staff in a bid to block her from filing on time.

McCoy, who has frequently tussled with Botel and his other colleagues on the City Council dais, called those allegations "defamatory."

For his part, Spiritis said he's ready to get to work.

"I am happy the 4th District Court of Appeals(sic) has ruled, based on the law, in my favor," he wrote in an email to The Palm Beach Post. "Looking forward to representing District #4, Singer Island and all the residents of the City of Riviera Beach."

Wayne Washington is a journalist covering West Palm Beach, Riviera Beach and race relations at The Palm Beach Post. You can reach him at wwashington@pbpost.com. Help support our work; subscribe today.

This article originally appeared on Palm Beach Post: Botel vows to take Riviera Beach election case to state Supreme Court