JACKSONVILLE, Fla. – A new judge will be appointed to the lawsuit over who can vote in the election for state attorney in Clay, Duval and Nassau counties.
VIEW: Motion to disqualify trial judge
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The lawsuit filed on behalf of voters claims a candidate registered as a write-in in the November election for state attorney for the 4th Judicial Circuit is "a sham" and is only running to force the August 30 primary to be limited to Republican voters. That leaves hundreds of thousands of Democratic and independent voters unable to vote.
Republican State Attorney Angela Corey is running for re-election. She is facing Republican primary opposition from two former employees, Wesley White and Melissa Nelson.
Local attorney Kenny Leigh filed to run as a write-in candidate, closing that primary to only registered Republicans, which some said gives Corey, the incumbent, an advantage.
Corey's campaign manager admits to helping Leigh -- an outspoken supporter and donor to Corey's campaign -- file papers with state election officials.
Leigh, an attorney himself, said it was perfectly legal and told the court the lawsuit has no merit.
Sunday, Leigh’s attorney filed a motion asking Judge James Daniel to recuse himself. The motion was filed just days after a teleconference Friday in which Daniel was quoted telling Leigh, "I do not care about your rights.”
The judge then attempted to clarify his comments, saying, “I meant that your rights are not relevant as to this issue.”
Leigh’s lawyer said the comment showed that Daniel was biased against him, and was unable to give Leigh a fair trial.
Daniel recused himself Monday. A new judge has not yet been named.