The South Florida lawyer who lost an attempt to have Democratic attorney general candidate George Sheldon kicked off the ballot has decided not to appeal.
Miami attorney Jessica Elliott had challenged Sheldon’s residency in Tallahassee circuit court.
A message left with her attorney, Johnny L. McCray, Jr. of Pompano Beach, was returned Monday by McCray’s assistant.
Elliott decided not to pursue the case with the First District Court of Appeal, the assistant said. The primary election is this Tuesday, Aug. 26.
Elliott was widely seen as a stalking horse for Sheldon’s Democratic competition, state Rep. Perry Thurston of Fort Lauderdale, the outgoing House Democratic leader.
Thurston has told reporters he was not behind the challenge.
Sheldon’s Florida residency had been questioned because he lived and worked in Washington, D.C., for two years as an Obama administration official. He owns a home in Tallahassee.
Elliott argued Sheldon did not live in Florida for the entire seven years before election, as required by the state constitution.
Chief Circuit Judge Charles Francis on Aug. 15 decided Sheldon’s living in D.C. for work did not disqualify him for holding office if elected.
Democratic primary voters will decide between Sheldon and Thurston; the winner will face incumbent Republican Attorney General Pam Bondi and Libertarian candidate Bill Wohlsifer, a Tallahassee lawyer, in November.