Cape Coral councilwoman files petition to try to stop investigation into residency

Reporter: Zach Oliveri Writer: Carolina Guzman
Published: Updated:
State Attorney
Cape Coral City Councilwoman Patty Cummings. CREDIT: WINK News

Last month, attorney Vikki Sproat revealed in an investigation that Cape Coral Councilwoman, Patty Cummings, did not live in District 4 when she ran for council seat.

Cummings apologized to those who voted for her and said this whole thing should have never gotten to this point.

Now, Cummings is going to court in hopes of stopping the State Attorney’s Office investigation into whether she lived in the district she now represents when voters elected her.

In a writ of prohibition obtained by WINK News, Cummings argues the state attorney’s office can’t assume the investigation because it does not have jurisdiction.

She also accuses her fellow Cape Coral City council members of exceeding their authority by even involving the state attorney.

“My lawyer sent all the documents that was needed to prove that I qualified for district 4,” Cummings said.

She was elected and sworn into the Cape Coral City Council before someone filed an anonymous complaint questioning whether she actually lived in her council district. 

The governor’s office refused to get involved because the complaint was anonymous, but the city did investigate, found the complaint had merit and referred the matter to the state attorney.

The State Attorney’s Office told WINK News its investigation continues.

The Office for Cape Coral’s mayor said the city doesn’t comment on pending legal investigations.

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