ISLAMORADA — Voter Eric Carlson dropped his lawsuit against the Monroe County Supervisor of Elections Wednesday.

Carlson filed a lawsuit last month asking a judge for an emergency hearing to require the elections office to count ballots cast in the race for Seat 4 on the Islamorada Village Council.

Vice Mayor Ken Davis, who had qualified in August to run for a second term in that seat, died in early September. Supervisor of Elections R. Joyce Griffin stated that Davis’ opponent, Henry Rosenthal, would assume Seat 4 after the November election as an unopposed candidate and advised Islamorada voters with a notice on their ballots that votes for that race would not be counted.

Carlson’s lawsuit claimed that because Davis remained a qualified candidate and did not withdraw from the race, Griffin was required to count votes cast for Davis.

Monroe County Attorney Bob Shillinger, who represented Griffin, filed a motion to dismiss the challenge, citing a Florida Supreme Court ruling that votes cast for a deceased candidate are “a nullity” and saying Griffin followed state elections office administrative guidance in posting the notice of Davis’ death.

Circuit Judge Timothy Koenig reviewed Carlson’s complaint on Sept. 25 and deemed no emergency hearing was warranted.

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