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Court recognizes the will of the people

Christmas came early for Rose Rocco, who finally realized her dream to become a Hernando County commissioner. If persistence and hard work are the measuring sticks used to measure fulfillment in achieving a goal, Rocco must

feel especially satisfied.

It took three campaigns to earn a victory -- and the opportunity to fend off a lawsuit by the incumbent opponent, Nancy Robinson, who tried to overturn Rocco's 1,444-vote win by claiming that Rocco did not move into District 2 by Election Day, Nov. 7.

Circuit Judge John Booth ruled against Robinson on Thursday. In doing so, he astutely sifted through the semantics and legal jargon of the challenging attorneys and addressed the core of the residency dispute and the outcome of the election. In his final judgment, Booth wrote:

"... The real parties of interest here, not in the legal sense but in realistic terms, are the voters. ... It is they whom we must give primary consideration. ... The primary consideration is whether the will of the people has been effected."

Clearly, Rocco's plurality of votes, as it should, carried great weight with Booth.

The judge was similarly logical regarding existing residency law:

"The (Florida) Constitution provides that 'One commissioner residing in each district shall be elected as provided by law.' The use of the term 'commissioner' rather than 'candidate' and use of the past tense 'elected' makes plain that the requirement 'of residing in each district' does not arise until after a candidate has been 'elected' and has become a 'commissioner.' "

In addition, Booth clarified what represents "the time of election." He ruled sensibly that the general election is a process that commences with early voting and ends the day the results are certified. That being the case, Rocco satisfied the law's requirement by moving into the district the day before the canvassing board approved the vote count.

In most instances, Booth's ruling cited existing case law already handed down by the 5th District Court of Appeal, which is the court that would hear an appeal by Robinson if she pursues it.

And we appeal to Robinson not to appeal. As Booth said, the voters' will should be paramount and there is no doubt that a majority of those who voted preferred Rocco. Their wishes must prevail over the self-interest of a defeated candidate and partisan interveners, regardless of their party affiliation.

Beyond that overarching premise, Robinson's continued quest to have Rocco's election invalidated will weaken the collective effectiveness of the commission. Just as important, an appeal by Robinson will stoke the discontentment and cynicism of residents, the majority of whom are weary of this unnecessary, spiteful spectacle and wish only that their duly elected representative - now affirmed by the court - would get to work.

In this season of giving, Robinson has the power to grant that wish to all of Hernando County and, in the process, restore residents' confidence in her by proving she is more interested in what they want than what she wants.

[Last modified December 23, 2006, 21:56:10]