State: Agriculture race detours into court

TALLAHASSEE -- Political intrigue, legal maneuvering, a handwriting expert and accusations of forgery: Welcome to the Democratic race for agriculture commissioner.

At the center is Democrat Mary L. Barley, a millionaire environmentalist who made a last-minute switch from the Republican Party to enter the race.

A lawsuit filed by a Columbia County firefighter, Manly C. Bolin, was aired in court Friday, alleging that someone forged Barley's signature on an election document. Bolin wants Barley removed from the Sept. 10 ballot.

At the heart of the case is an oath required of all candidates swearing that they are Florida citizens, are qualified to run and will support the U.S. and Florida constitutions.

The oath filed with Barley's qualification papers is signed "Mary L. Barley." Her notarized financial disclosure report is signed "M.L. Barley," as are documents she signed earlier.

Bolin's handwriting expert said the signatures were not made by the same person.

Joe Garcia, a campaign consultant who delivered Barley's paperwork to Tallahassee on July 26, said he watched Barley sign the papers in a parking lot in Florida City the night before.

Barley told the St. Petersburg Times editorial board this week that she signed the document.

But her attorney, Thom Rumberger of Tallahassee, refused to tell reporters Friday who signed the paperwork. "I haven't asked," Rumberger insisted.

Rumberger accused U.S. Sugar Co. of hatching the suit because Barley is an environmentalist who campaigned to save the Everglades from the abuses of sugar companies.

"Why should I respond when this is all U.S. Sugar's crap," Rumberger said. "Some candidates didn't even sign or date the oath at all."

A spokeswoman for U.S. Sugar denied it is involved. "We are not involved in it; we are not paying for it," said spokeswoman Judy Sanchez. "It does seem that Mrs. Barley is following her longstanding pattern of blaming every problem she has on farmers."

Rumberger contends that Bolin has no legal standing to file the suit. A 1999 law allows only candidates to file such a suit, he said.

"There is a quick and painless way to resolve this in minutes," said Bolin's attorney, Bill Bryant of Tallahassee. "Have her sign something in front of an expert to establish her signature to everyone's satisfaction, and the case would be dismissed."

Bryant stepped into the case at the last minute Friday after Rumberger questioned the involvement of lawyer Peter Antonacci. The two are former law partners who separated on less than friendly terms.

Rumberger contends that Antonacci should not be involved in the case because he once performed work for Barley.

Antonacci said he does not believe there is a conflict, but stepped aside so the case could proceed.

Circuit Judge Janet Ferris gave lawyers for both sides until Wednesday to file additional documents and said she hoped to make a decision by Aug. 30 to give elections officials time to take action if necessary.

State elections officials are scrambling to determine how Barley's name could be removed from the ballot if Ferris orders her out of the race. They asked local elections supervisors this week how such a decision would affect them.

It is too late to remove Barley from absentee ballots, elections officials concluded, and there are limits to what could be done to remove her name from voting machines.

Ferris could order Barley's name blacked out and a notice posted in each precinct advising voters what had happened.

Attorney General Bob Butterworth urged Ferris to do nothing if she concludes removing Barley's name would confuse voters and damage the rights of others.

For Florida's agriculture community, the stakes are high. Barley has the financial backing to wage a strong campaign against incumbent Agriculture Commissioner Charlie Bronson, a rancher with strong ties to agriculture.

But first she must defeat two little-known Democrats, Dr. Andy Michaud and David Nelson.

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Lucy Morgan

From the Times state desk