Judge to Decide Whether Pompano Beach Must Reopen District 5 Candidate Qualifying

Thursday’s emergency hearing could determine whether Commissioner Darlene Smith remains unopposed—or whether other candidates get two days to enter the November election.

By Attiyya Atkins

POMPANO BEACH, Fla. — A Broward County judge will hold an emergency hearing Thursday afternoon to determine whether Pompano Beach must reopen candidate qualifying for its District 5 City Commission race, which currently has only one candidate on the November ballot.

Circuit Court Judge Keathen Frink scheduled 90 minutes for the hearing, beginning at 1:30 p.m. Thursday, Sept. 17.

Palm Aire resident Wayne Oken filed the complaint for injunctive relief and a writ of mandamus Sept. 10. He is asking the court to temporarily stop ballot printing and order Pompano Beach officials to reopen qualifying for two days.

The dispute arose after a different circuit court judge disqualified District 5 challenger Delvin King on Sept. 4 for failing to satisfy the city’s residency requirements. King’s removal left incumbent Commissioner Darlene Smith as the only candidate in the race.

Former District 5 Commissioner Cyndy Floyd, who lost to Smith in the 2022 and 2024 elections, filed a motion Sept. 11 seeking to intervene in Oken’s case. Court filings have not yet established whether Floyd or another potential candidate would enter the race if qualifying is reopened.

Competing election rules

Oken’s lawsuit relies on Section 35.07(a) of the Pompano Beach Code of Ordinances⁠, which provides for a two-day supplemental qualifying period when the death, withdrawal or removal of a candidate leaves fewer than two candidates and at least 23 days remain before the election.

City officials have declined to reopen qualifying, citing Florida Special Act 2012-253, a state law establishing uniform municipal election and candidate-qualifying periods across Broward County.

Oken’s attorneys argue that the special act controls the regular qualifying period but does not address what should happen when a candidate is removed after that period closes. The court must now consider how the city ordinance and state law apply to the unusual vacancy on the ballot.

The City of Pompano Beach has taken a neutral position in the litigation.

Ballot deadline approaching

Attorneys for Broward County Supervisor of Elections Joe Scott have asked the court to dismiss him from the case, arguing that the supervisor cannot independently reopen a municipal qualifying period or compel the city to accept new candidates.

The elections office also warned that delaying ballot production could interfere with federal deadlines. Ballots for military and overseas voters must be mailed no later than Sept. 19, with Broward’s local production deadline falling Sept. 18.

That leaves the judge with little time to rule before election officials must finalize and distribute ballots for the Nov. 3 election.

The case raises a question extending beyond District 5: When the removal of a candidate produces an uncontested municipal race, which election rule controls—and what opportunity, if any, must voters receive to consider another candidate?

District 5 includes Palm Aire and other neighborhoods in southwest Pompano Beach. Although the lawsuit directly affects those voters, the court’s interpretation could influence how future candidate removals are handled throughout the city.

The Broward County Supervisor of Elections⁠ advises that candidates for municipal office qualify through their respective city clerks.

Villij News will follow Thursday’s hearing and update readers after the judge rules.