Rudolph Tinker, the candidate who finished second in Palm Beach County's District 6 Democratic Party primary, is asking a judge to throw out the election results by alleging that winner Katherine Waldron does not live in the district.
Tinker is seeking an emergency injunction to overturn the outcome of the Aug. 18 voting in that contest. He received 23% of the vote, compared with Waldron's 53%.
Tinker hired a private detective to investigate Waldron, according the complaint. The investigator filed a report, that is part of the lawsuit, that alleges Waldron lives in West Palm Beach, outside of District 6 boundaries, and not in the condo she recently leased in Wellington.
The lawsuit accuses Waldron of committing fraud by claiming to live in Wellington.
Also named as a defendant in the lawsuit is Palm Beach County Supervisor of Elections Wendy Sartory Link for not researching Waldron's residency.
Under the county charter, Waldron had to live in the district prior to June 8 to qualify to run. The lawsuit claims she resides in West Palm Beach.
One of the documents, though, in Tinker’s lawsuit shows that Waldron’s lease of the Wellington 900-square-foot condo began on June 7, just one day prior to the qualifing date to run.
Tinker said the Wellington condo is a month-to-month seasonal rental that Waldron leased so she could run for the District 6 seat.
"She has no intention of living there and when we get to court, we will show that she does not live there," he told The Palm Beach Post.
Waldron texted the following statement to The Post:
"I do, in fact, live in the district, and I have proudly represented this community for more than a decade in the State House and on the Port of Palm Beach Commission," she said. "Mr. Tinker has no factual basis for claiming otherwise. In fact, even the timeline laid out in his own lawsuit confirms that I established residence in District 6 before the qualifying period and met the residency requirement."
Tinker, who finished second in the three-way primary, argues he was harmed because he was eligible for the office and "would have won the election but for" what the lawsuit characterizes as false representations about Waldron's residency. He said he will call on the judge to declare him the Democratic nominee.
The lawsuit asks the court to compel production of documents related to Waldron's residency, hold an expedited hearing and ultimately declare her ineligible to serve as the District 6 commissioner. The lawsuit argues that court intervention is necessary because the primary election has already taken place and the general election is approaching.
Sara Baxter, the incumbent county mayor, a Republican, will face off against the Democratic nominee.
Mike Diamond is a journalist atThe Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.
This article originally appeared on Palm Beach Post: Palm Beach County commission runner-up sues Waldron over residency
