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Judge nullifies at-large County Commission district ballot initiative

BY JENNIFER CABRERA

GAINESVILLE, Fla. – In an order released this morning, Judge Olin Shinholser declared the at-large district ballot initiative for the election of Alachua County Commissioners “unlawful… in that its ballot language fails to comply with the statute.”

The petitioners, Senator Keith Perry, Kimberly Hord, Jose Lopez, and Sharla Head, were represented by Attorney Jeff Childers, who argued that the ballot language does not match the language prescribed by statute:

124.011(9)(a) In a county in which the board of county commissioners is composed of five members, each to be elected from single-member districts, the wording of the proposition on the ballot shall be as follows:

Shall the five members of the board of county commissioners of  _______ County, Florida, be elected to office from single-member districts by electors residing in each of those districts only?

Yes

No

Instead, the ballot language asks voters, “Shall the five members of the board of county commissioners of Alachua County, Florida, be elected by all electors within the county at large?”

Judge Shinholser wrote that the County Commission can place a change from single-member to at-large districts on the ballot, but they must use the language prescribed by statute. He continued, “Because the language in the current proposed referendum does not comply with Florida law, any resulting vote will be a legal nullity and not the basis for changing the voting method, if the result is a vote for at large voting. Hypothetically, the vote, if the No vote prevails, would render the question moot.”

Judge Shinholser did not grant the petitioners’ request for a temporary injunction because his ruling that the language is unlawful should prevent any change to at-large districts, regardless of the election outcome, and will provide precedent for any post-election lawsuits: “Should the ballot measure pass… and, should the county commission attempt to have an at large election based thereon, the parties and other persons with standing, can bring an action for declaratory relief… based on both this order and Florida Statute 124.011.”

The judge wrote that petitioners had not provided him with statutory authority to direct the Supervisor of Elections to inform voters that the ballot measure is unlawful or to disallow the counting of the ballots, so “should the defendants seek appellate review of the court’s order, and should the appellate court disagree with the court’s declaration that ballot language is invalid, then the results will have been preserved as may be legally appropriate.”

The order concludes, “It is therefore ordered that the Proposed Alachua County Charter Amendment addressing at large elections that is on the November 5, 2024 ballot is declared to be unlawful in violation of Florida Statue 124.011 in that its ballot language fails to comply with the statute.”

Although the judge wrote, “Whether the commissioners have acted in good faith by placing the issue before the voters again in such a short period of time is a political question, not a legal one,” he included in the order an argument Childers made in an October 1 hearing: “In at least one situation presented to the court at the hearing, voters in a historically African-American district overwhelmingly voted for an African-American candidate [Kevin Thorpe], but due to the at-large system, a white candidate [Ken Cornell] was elected instead.”

In a press release, Childers said, “The court recognized what we’ve been saying all along — this ballot measure is a blatant overreach and an attempt to undermine the will of the voters. The people of Alachua County spoke in 2022, and the Board’s attempt to force this issue back on the ballot is both illegal and reckless.”

Perry expressed relief at the ruling, saying, “This was about standing up for the rule of law and protecting the voice of the people. The court’s decision today confirms that Alachua County voters should not be forced to re-litigate an issue that was settled in 2022.”

Alachua County Communications Director Mark Sexton said, “Nothing has changed for the voters on this issue. The injunction was denied. The question remains on the November 2024 ballot. The votes will be counted and certified, and the voters will decide on this issue. Alachua County is appealing the portion of the ruling regarding the ballot language to ensure the will of the voters is respected during the election of 2026.”

  • Kenny’s Cornhole probably tightening up about now.

    Bet Prizzia’s in a bit of a tizzy as well.

    This election cycle just got more interesting.

    • You seem oddly interested in Ken’s anatomy. Perhaps it’s time to accept these feelings and become your best self.

  • The GRU referendum will be the next shoe to drop. Pathetic utilization of our Court as a political theater. Previous County and City Attorneys would not have been associated with such outrages. Thank you Keith.

  • Another crushing, embarrassing failure for City Attorney Daniel Nee, Mayor Harvey Ward, and the Gainesville City Commission.

    Are these clowns truly that ignorant of the law, or are they just addicted to the humiliation?! Do they ever get tired of losing?

    • Have you considered actually reading articles before commenting? This has nothing to do with the city.

      • Kinda like how the county must not have even read the applicable ordinance before drafting the ballot question, right? Maybe that is Gainesville Dad’s point.

        • We need to hear the name of the moron that approved the ballot language in the first place. The public needs to know who is responsible for this fiasco.

          • Eh, all they care about is making it so none of them can ever lose elections. The rest is details.

  • To make sure Chronicle readers understand:

    Nothing has changed for the voters on this issue.

    The injunction was denied.

    The question remains on the November 2024 ballot.

    The votes will be counted and certified, and the voters will decide on this issue.

    Alachua County is appealing the portion of the ruling regarding the ballot language to ensure the will of the voters is respected during the election of 2026.”

    • lol. This is dung. You can spin it any way you want… absent an appeals court overturning it (which isn’t going to happen).

      You lost !

    • Keep kissing ass. Tell us about the county car accident in South Florida during your tenure.

    • While you’re at it, explain why the sidewalks/bike paths can’t be maintained? Stop with your political bias and tell us the real reason, not what they’ve told you to say.

      • Hey get in the back of the line. The county can’t even keep the grass cut on right of ways, much less maintain the roads. And they are a lot more important than recreational use bike trails.

    • Are you living in a fantasy-land? You sound like McGraw when she hired an attorney and filed a lawsuit against the governor for removing her. Your legal action will go nowhere. Maybe you can go beat up Mike Tyson next.

    • What part of “any resulting vote will be a legal nullity and not the basis for changing the voting method” don’t you understand?

    • I’m sure you’ll get what you want. You’ll keep putting it back on the ballot until you do. Never mind that it’s basically taxation without representation.

    • The Judge begs to differ….He continued, “Because the language in the current proposed referendum does not comply with Florida law, any resulting vote will be a legal nullity and not the basis for changing the voting method, if the result is a vote for at large voting. Hypothetically, the vote, if the No vote prevails, would render the question moot.” ….everyone…please exit the spin zone.

  • This is hilarious. This was an injunction hearing. The injunction was denied. Childers and Perry lost. They seem to have gone to the Trump school of blatant miscommunication.

    • What part of ‘nullified’ don’t you understand. Besides, it’s too late for an injunction since people have already started to vote.

    • Sure Alan, help Alachua County out… you’ve worked with him for years now.
      Maybe we should ask a former County Manager the “rest of the story” about South Florida.

    • What part of “any resulting vote will be a legal nullity and not the basis for changing the voting method” don’t you understand?

      • Why don’t you reveal the real truth since you claim to tell the truth?
        There’s some things they don’t want the public to know.

        That’s about the only truth.

        • Not sure what you are saying. What I said that Alan was wrong, that there’s an injunction on the ballot measure that makes it a waste of ballot paper because it’s “a legal nullity”. That’s the truth.

    • Please explain to me why 5 at-large commissioners is preferable to each district voting for its own. Seriously. You know it’s ridiculous, and PURELY there to help the ruling party maintain control.

  • Hallelujah the county attorney jinxed it by divine intervention!
    Similar to how the Gainesville CC jinxed their GRU relationship.
    There is a God!
    🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸

  • As noted by others, the injunction was denied and the claimed win by plaintiffs was based on the thinnest and silliest of reasons:

    The language should have said “zig” and it said “zag”.

    This is a decision without substance of even the thinnest type.

    • I’d be willing to bet Napier would have taken a win over Miami or Texas A & M by one point.
      A win is a win, just ask any HBC. Hell, even Saint Bobby was happy with a tie against the Gators years ago.

    • Again, Leftist, what part of “any resulting vote will be a legal nullity and not the basis for changing the voting method” don’t you understand?!?

    • Please explain how 5 at-large commissioners is in any way a fair way to structure government, compared to each district electing its own.

      Or are you SO blinded by tribal politics you can’t see how bad this is.

  • The referendum was declared to be a “legal nullity”. The appeal does not stay that ruling. The ruling governs until overturned.

  • Would a Citizens Arrest on the lawless existing County Commissioner’s be appropriate?

  • My FAVORITE is “Alachua County is appealing the portion of the ruling regarding the ballot language to ensure the will of the voters is respected during the election of 2026”

    Um didn’t we vote on this in 2022? Guess that “will of the voters” didn’t count.

  • I encourage everyone to still vote “No” and send a message to the County to just stop already. If they actually wanted to respect the will of the voters as indicated below, wouldn’t they respect the 2022 vote?

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