2 city council candidates file lawsuit

WAVY TV

Updated: Jun 29, 2012 11:26 PM

PORTSMOUTH, Va (WAVY) — Two candidates for Portsmouth City Council are suing the electoral board. Former Councilwoman Elizabeth Psimas and Paul Smith are asking a court to reverse a decision that's keeping them off the ballot because of a filing deadline mix-up.

Both Psimas and Smith filed before June 12. That's the day state and local officials claimed was the actual deadline but a city charter change last year made the date one week earlier.

An attorney for the pair, Bryan Meals, told WAVY.com "Ms. Psimas and Mr. Smith followed all the rules. All of the information put out by the State Board and by the registrar's office indicated that the filing deadline was the second Tuesday in June. It seems to us there's an obvious error. We're going to ask the court to remedy that error."

He also said, "We're asking for a temporary injunctions that the court will direct the electoral board to certify Ms. Psimas and Mr. Smith as candidates for the November election."

The matter could go before a judge sometime next month. At this point, no response from the electoral board because it has not yet been served with the paperwork.

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