The board’s move to uphold Council member Elissa Silverman’s appeal comes weeks before she will depart from the council after losing her reelection bid last month.
About two weeks before the November general election,Advertisementa facet of Silverman’s appeal that alleged her due-process rights were violated during the investigation. But Monday’s hearing — which focused squarely on the merits of OCF’s ruling — offered a more favorable outcome for Silverman, who tweeted after the board’s ruling that she was “outraged” over the matter, which she says may have cost her a seat on the council.
“I lost my reelection because of the flawed and rushed OCF decision, released 12 days before Election Day while voters were already casting ballots,” Silverman said in a statement, adding that the decision influenced voters and served as fuel for attack ads. “This ruling has importance beyond me and this campaign: it makes clear that OCF should not be making hasty rulings this close to an election, with no opportunity to appeal on the merits before Election Day.
Silverman’s attorney, Jason Downs, said at Monday’s hearing that the polls helped Silverman ensure she’d be endorsing a Ward 3 candidate that was aligned with her political interests in a sector of the city where she has been successful in her previous at-large campaigns. It also gave Silverman the chance to test a less-expensive type of polling, Downs said, to determine its effectiveness.
But after questioning both sides, the elections board agreed to reverse SanFord’s ruling and said there were no campaign violations by committed by Silverman’s campaign. The board is expected to publish a written decision in the coming days.
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