IN THE CIRCUIT COURT OF THE 15th

JUDICIAL CIRCUIT IN AND FOR

PALM BEACH COUNTY, FLORIDA

CASE NO.: 50-2019-CA000460-XXXX-MB

TRADRICK MCCOY, DIVISION: AH
a candidate for Riviera Beach
City Council, District 1

Plaintiff
v.

THE CITY OF RIVIERA BEACH,

a Florida Municipal Corporation, and
CLAUDENE ANTHONY in her capacity
as Riviera Beach City Clerk and Supervisor of
Elections for the City of Riviera Beach,
LYNNE HUBBARD, a Candidate for Riviera Beach
City Council, District 1, and SUSUAN BUCHER in
her capacity as the Palm Beach County Supervisor of Elections

Defendants.
___________________________________________/

COMPLAINT FOR INJUNCTIVE AND DECLATORY RELIEF

COMES NOW, the Plaintiff, TRADRICK MCCOY, and hereby brings this action

against the Defendants CITY OF RIVIERA BEACH, CLAUDENE ANTHONY, in her capacity

as Riviera Beach City Clerk and Supervisor of Elections for the City of Riviera Beach, LYNNE

HUBBARD and SUSAN BUCHER in her capacity as the Palm Beach County Supervisor of

Elections and alleges the following:

Introduction
1. This is an action for declaratory and injunctive relief seeking a declaration that

Defendant, LYNNE L HUBBARD failed to properly qualify as a candidate for election to the

Riviera Beach City Council, District 1 race, and requiring the Defendants to decertify LYNNE L
HUBBARD as a candidate for election to the Riviera Beach City Council, District 1 seat, and

prevent LYNNE L HUBBARD’s name from being permitted on the ballot as a candidate for the

City Riviera Beach March 12, 2019 Municipal General Election.

Parties
2. Defendant, THE CITY OF RIVIERA BEACH (hereinafter “THE CITY”) is a

municipal corporation as authorized by Article VIII, Section (2) (b) of the Florida Constitution

and provides in part that “each municipal legislative body shall be elective.” Article II, Section

(2) of the Riviera Beach Charter requires that elections are to be held on the second Tuesday in

March and further describes that elections for the office of the mayor and councilperson in group

1, group 3, and group 5 (“group” is synonymous with “district”) are to be held every three years

thereafter commencing with the March 2013 general election. The Defendant THE CITY must

certify to the Office of the Palm Beach County Supervisor of Elections the names of all the

candidates and the offices for which they have filed and qualified to seek.

3. Defendant, CLAUDENE ANTHONY (hereinafter “ANTHONY”), is the

appointed City Clerk of the City of Riviera Beach, a municipal corporation and is further

delegated the authority as the supervisor of elections for the city and is hereby assigned all

appurtenant duties thereto as defined in Sec. 5-12 of the City of Riviera Beach Code of

Ordinances. Further, Sec. 5-2 of the City of Riviera Beach Code of Ordinances provides that the

Defendant ANTHONY is the filing officer as defined in Florida Statutes 106.011(11) who has

the responsibility to accepting qualifying papers for candidates seeking election for mayor and

the city council including accepting the filing fee required by City Charter Article II, section 3,

during the qualifying period. The Defendant, ANTHONY must certify to the Office of the Palm
Beach County Supervisor of Elections the names of all the candidates and the offices for which

they have filed and qualified to seek.

4. Defendant LYNNE HUBBARD (hereinafter “HUBBARD”) is an elector and

resident of Riviera Beach who filed papers with the Defendants ANTHONY and THE CITY to

be qualified as a candidate seeking the election to the Riviera Beach City Council, District 1 seat.

It should be noted that the Defendant HUBBARD has been a candidate for Riviera Beach City

Council on seven (7) different elections; such as March 13, 2007, March 27, 2007, March 10,

2009, March 8, 2011, March 15, 2016, March 29, 2016, and May 17, 2016.

5. Defendant SUSAN BUCHER (hereinafter BUCHER) in her official capacity as

the Palm Beach County Supervisor of Elections. BUCHER is the constitutional officer

designated by Florida statute to facilitate elections, and contracted by the City of Riviera Beach

to include but not limited to voting equipment, balloting printing and distribution, voting

equipment training, collection, result tabulation, and canvassing of ballots.

6. Plaintiff, TRADRICK MCCOY (hereinafter MCCOY), is an elector and resident

of Riviera Beach, Florida and is a duly qualified candidate seeking election to the Riviera Beach

City Council, District 1 seat.

Jurisdiction
7. This Court has jurisdiction to grant declaratory relief pursuant to Florida Statutes

Chapter 86, and this Court has jurisdiction to issue injunctive relief pursuant to Florida Rule of

Civil Procedure 1.610.

 Venue
8. Venue is proper in the Fifteenth Judicial Circuit, in and for Palm Beach County,

Florida because this municipal election will take place in Palm Beach County, Florida.

9. The Defendant HUBBARD is a resident of Palm Beach County, Florida and has

been certified as a candidate for election for Riviera Beach City Council District 1 by the

Defendant ANTHONY.

10. Defendant ANTHONY is the appointed City Clerk and serves as the Supervisor

of Elections for the City of Riviera Beach.

Facts Requiring Declaratory Judgement and Incorporated Memorandum of Law

11. Florida Statutes 100.3605(1) entitled Conduct of Municipal Elections states in

pertinent part:

(1) The Florida Election Code, chapters 97-106, shall govern the conduct of a
municipality’s election in the absence of an applicable special act, charter, or
ordinance provision. No charter or ordinance provision shall be adopted which
conflicts with or exempts a municipality from any provision in the Florida
Election Code that expressly applies to municipalities.

12. The official qualifying period for the City of Riviera Beach 2019 Municipal

General Election commenced at noon on Tuesday, November 27, 2018 through noon, Tuesday,

December 11, 2018. See Exhibit “A”

13. To qualify, a prospective candidate must submit among other documents:

a. Notice of Candidacy (The City of Riviera Beach Charter Article II Sec. 3)

 b. Candidate Oath (Florida Statutes 99.021(1)(a)) & (City of Riviera Beach
Code of Ordinances Sec. 5-2)
c. Certificate of Residential Requirement (City of Riviera Beach Code of
Ordinances Sec. 5-2)
d. Statement of Candidate (Florida Statutes 106.023)
e. Statement of Financial Interest (Form 1) Florida Statutes 112.3145)
f. Appointment of Campaign Treasurer and Designation of Campaign
Depository For Candidates DS-DE9 (Florida Statutes 106.21(1))
g. Filing Fee - Qualifying Check (City of Riviera Beach Code of Ordinances
Sec. 5-2) See Exhibit B

14. In order to raise money for their election campaign, a candidate must file a

Statement of Candidate with the qualifying officer within 10 days after filing notice of the

appointment of a campaign treasurer and designation of a campaign depository, stating that the

candidate has read and understands the requirements of Chapter 106, Florida Statutes. See

Section 106.023 Florida Statutes (emphasis added). On October 22, 2018 HUBBARD signed

the Statement of Candidate attesting to her reading and understanding of Chapter 106 and is

attached. See Exhibit “C”

15. On October 22, 2018 the Defendant HUBBARD filed an Appointment of

Campaign Treasurer and Designation of Campaign Depository For Candidates form (hereinafter

referred to as DS-DE9) in which she designated TD BANK 2000 W. Blue Heron Blvd. Riviera

Beach, FL 33404 as the Primary Depository Bank an Lorrie Wrice as the Campaign Treasurer.

On December 11, 2018 the Defendant HUBBARD filed two additional Appointment of

Campaign Treasurer and Designation of Campaign Depository For Candidates forms DS-DE 9.

The first DS-DE 9 form the Defendant Hubbard changed her Primary Depository to Wells

Fargo 4441 Beacon Circle, West Palm Beach, FL 33407. The second DS-DE 9 form the

Defendant Hubbard designated herself as the Deputy Campaign Treasurer. See Exhibit “D”
 16. Candidates who raise and spend funds for their election campaigns are required

to report all contributions and expenditures on the required Campaign Treasurer’s Report and

filed with the filing officer as required under Florida Statutes 106.07.

17. According to HUBBARD’s Campaign Treasurer’s Report Summary and

Campaign Treasurer’s Itemized Contribution during the campaign finance reporting period of

October 1 2018 through October 31, 2018; HUBBARD’s only contribution was a check for

$500.00 from Richard S. Bernstein. See Exhibit “E”

18. According to HUBBARD’s Campaign Treasurer’s Report Summary and

Campaign Treasurer’s Itemized Contribution during the campaign finance reporting period of

November 1, 2018 through November 30, 2018; HUBBARD receive two separate contributions

in the form of cash. See Exhibit “F”

a. The first cash contribution was received from Rev. Griffin Davis on November
23, 2018 was in the amount of $1,000.00. This cash contribution from Rev.
Griffin Davis exceeds the $50 cash contribution limits in Florida Statutes 106.09
and is strictly prohibited and illegal under Florida Campaign Financing Laws.

b. The second cash contribution was received from Lorrie Wrice on November 30,
2018 was in the amount of $500.00. This cash contribution from Lorrie Wrice
exceeds the $50 cash contribution limits in Florida Statutes 106.09 and is strictly
prohibited and illegal under Florida Campaign Financing Laws.

c. According to HUBBARD’s Campaign Treasurer’s Report Summary and

Campaign Treasurer’s Itemized Expenditures for the period covering November
1, 2018 to November 30, 2018; HUBBARD’s only expenditure was to purchase
“checks’ for $36.14 from Wells Fargo.

19. Florida Statutes 106.09 provides as follows:

 106.09 Cash contributions and contribution by cashier’s checks.—

(1)(a) A person may not make an aggregate cash contribution or contribution by means of a cashier’s
check to the same candidate or committee in excess of $50 per election.

(b) A person may not accept an aggregate cash contribution or contribution by means of a cashier’s
check from the same contributor in excess of $50 per election.

(2)(a) Any person who makes or accepts a contribution in violation of subsection (1) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. See Exhibit “G”

20. HUBBARD’s acceptance of the $1,000.00 cash contribution on November 23,

2018 from Rev. Griffin Davis and the acceptance of the $500.0 cash contribution on November

30, 2018 from Lorrie Wrice is a prima facie violation of Section 106.09(1)(b) Florida Statutes.

21. According to the Defendant HUBBARD’s Campaign Treasurer’s Reports, filed

by HUBBARD during the period starting October 22, 2018, the date in which HUBBARD

signed the Statement of Candidate and November 30, 2018, HUBBARD raised a total of $2,000.

(Bernstein$500 + Davis$1000 + Wrice$500) See Exhibit “E” and Exhibit “F”

22. According to HUBBARD’s Campaign Treasurer’s Report Summary and

Campaign Treasurer’s Itemized Contribution during the campaign finance reporting period of

December 1, 2018 through December 31, 2018; HUBBARD did not receive any campaign

contributions until December 15, 2018 which is 4 days after her qualifying check was received

by the filing officer and the City of Riviera Beach. Subsequently, the Defendant HUBBARD

received four other contributions during the December reporting period. See Exhibit “I”

23. Prior to the receipt of the illegal $1,500 in contributions on November 23, 2018

and November 30, 2018, the Defendant’s campaign account did not hold enough funds to cover
the qualifying fee. On the date that the Defendant’s campaign accepted the illegal contribution,

the Defendant’s campaign held only $463.86. Between the date that Defendant’s campaign

received the illegal contribution and the date the campaign issued the qualifying check, the

Defendant’s campaign didn’t receive any additional contributions. The qualifying check was

submitted to the City of Riviera Beach. If not for the illegal $1,500.00 contribution, the

Defendant would not have qualified as a candidate under the statute by submitting a check for

$1,140.00 to the City. See Exhibit “H”

24. Florida Statutes 106.11(4) provides that

No candidate, campaign manager, treasurer… shall authorize any expenses, nor shall any
campaign treasurer or deputy treasurer sign a check drawn on the primary campaign
account for any purpose, unless there are sufficient funds on deposit in the primary
depository account of the candidate …. to pay the full amount of the authorized expense,
to honor all other checks drawn on such account.

25. Consequently, it is mathematically impossible and statutorily illegal for the

Defendant HUBBARD or the Campaign Treasurer Lorrie Wrice to pay a filing fee in the

amount of $1,140.00 to the City of Riviera Beach for a qualifying fee on December 11, 2018

when there was only $468.86 of legal funds available in the primary depository at that time.

26. To further support the irregularities of the Defendant HUBBARD’s disregard for

the campaign finance laws, the qualifying check present to the City of Riviera Beach is dated

December 10, 2018 and drawn on Wells Fargo as the depository bank. See Exhibit “H” The

Defendant HUBBARD and the Campaign Treasurer Lorrie Wrice did not change or designate

Wells Fargo as the primary depository until December 11, 2018. See Exhibit D
 27. The Defendant HUBBARD knowingly, and intentionally accepted, or allowed her

campaign to accept an illegal campaign contribution in the amount of $1,500.00 for the express

purpose of qualifying as a candidate and being place on the ballot.

28. The Defendant HUBBARD did not act in good faith or honest purpose by

accepting a contribution in excess of the legal limits. If not for this willful and dishonest act, the

Defendant’s campaign would not have had the funds on hand necessary to qualify HUBBARD as

a candidate to be placed on the ballot.

29. The Defendant HUBBARD and her Campaign Treasurer’s bad faith and dishonest

purpose is affirmatively demonstrated by the sworn campaign finance report the Defendant

HUBBARD and her treasurer caused to be filed on December 10, 2018, ironically the same date

written on the qualifying check. The Defendant HUBBARD bad faith and has attempted to

qualify as a candidate through illegal conduct designed to corrupt the ballot.

30. The Court cannot ignore fraudulent conduct which is purposefully done to foul

the election or corrupt the ballot. Planas v. Planas, 937 So. 2d 745, 746 (Fla. 3d DCA 2006)

(quoting In re Protest of Election Returns, 707 So.2d 1170, 1173 (Fla. 3d DCA 1998), quoting

Bolden v Potter, 452 So.2d 564, 567 (Fla. 1984), rev.den 725 So.2d 1108 (Fla. 1998). Where a

candidate does not act in good faith and honest purpose, their name must be removed from the

ballot.Id.

31. Section 8, Article II of the Florida Constitution requires a candidate for office to

file a full and public disclosure of financial interests at the time of qualifying for office. The
Constitution reflects the clear and mandatory public policy directive of openness with respect to

a candidate’s finances. Section 105.31 Florida Statutes (2018), further explicates the

Constitutional requirement of filing a full and public disclosure of financial interests. This

constitutional provision is mandatory on all candidates for public office.

32. The need for transparency is no less, and perhaps more important for municipal

candidates given their unique powers and role in local government.

33. At the time she purportedly qualified for office on December 11, 2018, Defendant

HUBBARD refused and failed to accurately provide the mandatory full and public disclosure

required by the Florida Constitution, pursuant to Article I, Section 8(a) of the Florida

Constitution. A copy of her December 11, 2018 Statement of Financial Interest (Form 1) See

Exhibit “J”

34. The Form 1 filed by the Defendant HUBBARD is materially deficient in that the

financial disclosure requirement more specifically “PART F” obligates a candidate to disclose

the name and address of each creditor to whom you owed any amount, at any time during the

disclosure period, exceeded your net worth. The Defendant HUBBARD failed and refused to so

comply.

35. On October 29, 2003 a Judgement was entered against the Defendant HUBBARD

to THE BUSINESS LOAN FUND OF THE PALM BEACHES, INC in the amount of

$5,373.81. The judgement was recorded in Book 16146 / Page1514 of the official records of
Palm Beach County. See Exhibit “K” According to the case file and the official records of Palm

Beach County there has not been a satisfaction of judgement a release file or recorded.

36. On September 26, 2012, a Federal Tax Lien was recorded against the Defendant

HUBBARD by the United States Department of Treasury, Internal Revenue Service for tax debt

in the amount of $9,931.78. The tax lien was recorded in Book 25483 /Page 549 of the official

records of Palm Beach County. See Exhibit “L” According to the official records of Palm Beach

County there has not been a release or satisfaction of this tax lien recorded.

37. On August 29, 2003, a Federal Tax Lien was recorded against the Defendant

HUBBARD by the United States Department of Treasury, Internal Revenue Service for tax debt

owed in the amount of $5,347.17. The tax lien was recorded in Book 15768 /Page 59 of the

official records of Palm Beach County. See Exhibit “M” According to the official records of

Palm Beach County there has not been a release or satisfaction of this tax lien recorded.

38. On February 1, 2005 a Judgement was entered against the Defendant HUBBARD

to the FORD MOTOR CREDIT COMPANY in totaling $6,605.63. The judgement was recorded

in Book 18095 / Page 1349 of the official records of Palm Beach County. See Exhibit “N”

According to the case file and the official records of Palm Beach County there has not been a

satisfaction of judgement a release file or recorded.

39. On September 7, 2005 a Judgement was entered against the Defendant

HUBBARD to the PREMIUM ASSET RECOVERY CORPORATION in the amount of

$1,072.02. The judgement was recorded in Book 19227 / Page 324 of the official records of
Palm Beach County. See Exhibit O According to the case file and the official records of Palm

Beach County there has not been a satisfaction of judgement a release file or recorded.

40. As a result of Defendant HUBBARD’s failure to comply with the full and public

financial disclosure requirement, she is not constitutionally qualified to seek public office as

defined by Florida law. The multiple failures in these instances to provide public disclosure of

financial interest specifically liabilities are not de minimis.

41. Because the Defendant HUBBARD is not properly qualified as a candidate for

Riviera Beach City Council due to her material failures to comply with the requirements of the

Florida Constitution to provide full and public financial disclosure, she is not entitled to be

placed on the ballot or to seek election to the Riviera Beach City Council, District 1 seat.

42. This complaint is filed in advance of the March 12, 2019 City of Riviera Beach

Municipal General Election, and is based upon factual information demonstrating her lack of

constitutional and statutory qualifications for office.

43. This entire matter is appropriate to be advanced on the calendar for expedited

relief, in view of the preparation of the ballot printing and distribution for vote by mail electors

in the military and overseas for the impending March 12, 2019 Municipal Election.
COUNT I
Declaratory Judgement

44. Plaintiff re-alleges and incorporates, as if fully set forth in the allegations

contained in paragraphs 1-43.

45. The facts above present a bona fide, actual, present, practical need for a

determination regarding whether the DEFENDANT LYNNE HUBBARD is qualified under the

Rivera Beach City Charter and the City of Riviera Beach Code of Ordinances, Florida Statutes,

and the Florida Constitution as a candidate for the election on March 12, 2019.

46. Defendant HUBBARD improperly qualified for the ballot through fraudulent and

dishonest means by accepting illegal campaign contributions made via cash in excess of the legal

contribution limits for the clear and obvious purpose of providing funds to pay HUBBARD’s

qualifying fee.

47. The Defendant Hubbard and the Campaign Treasurer Lorrie Wrice filed campaign

treasurer’s reports under oath to its accuracy and completeness that the subject contributions in

question were made by “CASH.” As a consequence the Defendant HUBBARD should be

decertified as a candidate for Riviera Beach City Council, District 1. The interest presents before

the court a justiciable controversy that is ripe for adjudication by the Court pursuant to Chapter

86 of the Florida Statutes.

48. The declaration deals with a present, ascertained or ascertainable set of facts,

about which there is a present controversy.

COUNT II

Injunctive Relief
1. Plaintiff Plaintiff re-alleges and incorporates, as if fully set forth in Count I, the

allegations contained in paragraphs 44-48.

2. Without injunctive relief, Plaintiff will be irreparably harmed, for which there is

no adequate remedy at law because no monetary damages could restore his loss of rights if his

opponent for election is allowed to disregard the election laws of Riviera Beach, state statutes,

and the Florida Constitution.

3. Because Florida law, the Rivera Beach City Charter, City of Riviera Beach Code

of Ordinances, Florida Statutes, and the Florida Constitution are so clear on these issues, and

because there appears to be little dispute on the facts as applied to those provisions, the Plaintiff

has a high probability of success on the merits.

4. Public interest favors the granting of an injunction because the public will be

benefitted by the Court enforcing the law generally and there is a specific public policy benefit in

having the rules regarding qualifications for elections enforced so that all candidates and

constituents can rely upon the certainty of a framework for elections in the City of Riviera

Beach.

WHEREFORE, Plaintiff MCCOY respectfully request that the Court: enters an order

that:

A. Declare the Defendant, LYNNE HUBBARD, is not a duly qualified candidate for the

office in the Riviera Beach March 12, 2019 General Election;

 B. Entering and injunction requiring the Defendants to immediately de-certify

HUBBAARD as a candidate for Riviera Beach March 12, 2019 Municipal General

Election;

C. If necessary direct the Defendant SUSAN BUCHER to remove LYNNE HUBBARD

form the any vote by mail ballots or precinct ballots;

D. and any further relief that Court deems just and proper.

January 11, 2019 Respectfully submitted,

_______________________
Tradrick McCoy
1465 W 30th Street
Riviera Beach, FL 33404
(561) 827-0365
mccoy843@gmail.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy hereof has been furnished via process server 01/11/2019 to
the defendants