APOPKA, Fla. – Two of the candidates in Apopka’s mayoral race went before a judge Monday, less than 24 hours before Election Day.
Incumbent Mayor Bryan Nelson is suing to have Orange County Commissioner Christine Moore’s candidacy declared invalid.
Nelson says Moore did not meet the residency requirements to qualify as a candidate.
On Monday, a judge heard arguments in the case, specifically Moore’s motion to have Nelson’s lawsuit thrown out.
However, the judge chose not to make a ruling, and instead decided the two sides needed to submit proposed orders by the end of business on March 11 — one day after the election.
[WATCH: Residency fight erupts in Apopka mayor’s race]
Moore’s attorney argued that the court should wait and let the voters decide before making a ruling.
“Almost none of the relief here is proper,” said attorney Christian Waugh. “This is an eligibility challenge, so the whole thing would have to be amended and re-filed.”
“The (third District Court of Appeals) says you cannot wait until a person gets elected if you’re going to bring a qualifications challenge,” countered Nelson’s attorney, Mark Herron.
Nelson, Moore and Apopka Commissioner Nick Nesta are running for mayor against each other.
Nelson filed the lawsuit in January. He says Moore had not lived within Apopka’s city limits for a year, and thus should not have qualified to be a candidate, per the city of Apopka’s ordinances.
Moore, however, claims she had rented a room in a house within the city limits while she waited to close on the sale of another home, which is her current residence.
Before that, Moore lived in a home that was just outside the city limits.
Nelson’s lawsuit says he has pictures that showed Moore did not live at the rented residence for the majority of the time before she moved into the new home.
The judge in the case set a tentative trial date in the lawsuit for the summer of 2027.
[WATCH: News 6 anchor Matt Austin interviews Apopka mayoral candidates]
What to know about the Apopka elections
The polls open in Apopka on Tuesday at 7 a.m. and will be open until 7 p.m.
If you need to check your voter status for this election, head to the Orange County supervisor of elections office website.
You can also check to make sure your address is up to date and find your polling place.
The office of mayor and three city council seats are up for election. News 6’s Matt Austin and the Orlando Sentinel interviewed the mayoral candidates and you can watch that full interview HERE.
Mayoral candidates:
Council Seat 1 candidates:
Council Seat 2 candidates:
Council Seat 4 Candidates:
There will also be eight charter amendments on the ballot, which could bring huge changes to the way the city is run. To view the list of questions, go to Apopka’s website.