ORLANDO, Fla. (FNN) — Orange County Supervisor of Elections Glen Gilzean has filed a lawsuit against the Orange County Government and Orange County Comptroller Phil Diamond, demanding the immediate release of budgeted funds that were frozen after a contentious vote by the county commission.

The lawsuit, filed Thursday night, requests the release of the December 2024 budget allocation to Gilzean’s office, as well as “all future monthly allocations of funding of its 2024-2025 Budget allocation.” Gilzean claims the county and Comptroller Diamond are unlawfully withholding funds, jeopardizing the financial stability of the Supervisor of Elections (SOE) office and threatening the livelihoods of his staff.

Why Are the Funds Being Withheld?

The dispute traces back to Orange County Mayor Jerry Demings, who raised concerns about Gilzean’s use of $2.1 million from a $4 million surplus to fund debt-free scholarships for students at Valencia College. While Gilzean maintains he was within his legal authority to use surplus funds for the scholarship program, Mayor Demings argues that the surplus should have been returned to the county before any such allocation.

Demings’ position prompted the Orange County Commission to vote unanimously on Tuesday to freeze additional funding to the SOE’s office, a move that Gilzean says is both unprecedented and unlawful.

“Florida Statutes 129.201 clearly states that I have the authority to utilize these resources in the best interest of the office,” Gilzean said, defending his decision to invest in local students and support the educational advancement of Orange County residents.

Lawsuit Claims and Key Arguments

In his legal filing, Gilzean argues that once a budget is approved, the county has no authority to withhold funds. He emphasized that the delay in funding could have serious consequences for his office’s day-to-day operations, including payroll and vendor payments.

“These individuals expect and have a right to be paid for their services, and the comptroller’s refusal to disburse budgeted funds to the supervisor threatens his ability to pay these workers,” Gilzean stated in his court documents.

He also warned that the funding freeze could impact contracts for early voting sites. According to Gilzean, his plan for the 2024 election season included the addition of six new early voting locations to improve voter access and participation.

Gilzean’s critics argue that his actions regarding the scholarship funds were reckless, but he pushed back, asserting that “the goal was to reinvest in Orange County’s people and increase voter participation among the younger generation.”

Phil Diamond and County’s Response

County Comptroller Phil Diamond and Mayor Jerry Demings have stood firm on their decision, pointing to a need for financial oversight and accountability. “There is more than $4 million in the SOE’s bank account to pay employees,” Diamond stated, suggesting that Gilzean’s claims of financial peril are exaggerated.

In response, Gilzean noted that while there may be funds in the SOE’s account, those funds are not part of the current budget allocation needed to meet future obligations. He pointed out that his office relies on monthly reimbursements from the county to pay vendor invoices, and any delay in these funds disrupts ongoing operations.

Additionally, Orange County Comptroller Phil Diamond is conducting a financial review of Gilzean’s expenditures. The results of that review will be presented at the next county commission meeting, where questions of “inappropriate spending” could be raised.

Orange County Faces Backlash as Elections Chief Glen Gilzean’s Lawsuit Exposes Funding Feud and Student Harm

Impact on Students and Community Backlash

The most controversial aspect of the feud is the harm caused to Valencia College students. Of the $2.1 million that Gilzean allocated for scholarships, hundreds of students were expected to benefit from the program. With the dispute now in court, it is unclear whether the program will move forward or if the scholarship funds will be forced back into the county’s general fund.

Gilzean insists that his “debt-free scholarship initiative was designed to uplift Orange County residents, not hinder them.” Local activists have also criticized the county for attempting to “block educational opportunities” for students.

Lawsuit’s Broader Implications

Gilzean’s lawsuit could set a precedent for how county governments handle budget disputes with elected officials. If successful, it would establish clear limits on a county’s power to interfere with an approved budget allocation.

“Once the budget is approved, the process should be final,” one local attorney said. “You can’t just change the rules halfway through the fiscal year.”

Should the court side with Gilzean, other constitutional officers may be emboldened to challenge county decisions regarding budget oversight. On the flip side, if the county prevails, it could set a new precedent for county governments to enforce stricter controls on how taxpayer dollars are spent.

In the meantime, the fate of early voting sites, vendor contracts, and student scholarships hangs in the balance.

“Our office’s finances are in significant peril,” Gilzean stated in a letter to the county. “If the county does not release the funds, our ability to run fair elections is at risk.”

The next Orange County Commission meeting is expected to bring even more scrutiny to the issue, as Comptroller Diamond is scheduled to provide an update on his review of the SOE’s financials.