Sen. Keith Perry files lawsuit against Alachua County Commission to stop ballot measure for at-large County Commission districts

File photo: Senator Keith Perry

BY JENNIFER CABRERA

GAINESVILLE, Fla. – Senator Keith Perry, Kimberly Hord, Jose Lopez, and Sharla Head, represented by Attorney Jeff Childers, have filed an emergency petition for a temporary injunction to stop a ballot measure that would allow Alachua County voters to reverse a 2022 ballot measure that converted County Commission districts from at-large districts to single-member districts.

Although the 2024 election is the first to be held since the single-member district charter amendment passed in 2022, the County Commission voted on May 14 to ask the voters to change back to at-large districts. Under the at-large system, all voters in the county may vote for each County Commissioner, but each Commissioner must live in the district they represent. Under the single-member system, only the voters living in the Commissioner’s district may vote for their district’s representative.

Petitioners: Florida statutes prohibit the County Commission from submitting a petition to change from single-member to at-large districts

The petition argues that the Florida statutes governing the election of County Commissioners only authorize the County Commission to submit a proposition calling for single-member representation; there is no provision for the County Commission to submit a proposition calling for at-large representation:

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Florida Statutes 124.11(3):
A proposition calling for single-member representation within the county commission districts of the county shall be submitted to the electors of the county at any primary, general, or otherwise-called special election, in either manner following:

(a) The board of county commissioners (BOCC) may adopt a formal resolution directing an election to be held to place the proposition on the ballot.

The petition continues: “In other words, 124.011(3)(a), Florida Statutes only authorizes the BOCC to propose retaining at-large member districts, but does not authorize the BOCC to propose conversion from single-member districts to at-large districts.”

Petitioners: The ballot language violates Florida statutes

According to the petition, Florida statutes prescribe the precise language required for ballot measures, and the ballot measure does not comply with this language:

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

The petition further argues that Florida statutes require that residence requirements be maintained for district commissioners, and this is missing from the ballot language, which “creates ambiguity and conflicts with Florida law, potentially misleading voters and violating statutory provisions.”

Legislative pre-emption

The petition argues that HB 1493 (2022) was enacted by the Florida Legislature and ratified by a majority of voters on November 8, 2022, which “constitutes a binding general law,” and “charter counties have the authority to adopt local ordinances and charter amendments, provided such measures are ‘not inconsistent with general law.'” The petition argues that the proposed charter amendment is thus pre-empted by general law.

Petitioners’ requests

The petitioners have asked Judge Donna Keim to enjoin the ballot measure from being placed on the ballot; declare that the ballot measure violates Florida statutes; declare that the proposed ballot language is invalid; and direct the Alachua County Supervisor of Elections not to print, or to cease printing, any ballots containing the measure. If the ballots have already been printed, the petitioners ask the judge to issue a notice to all voters informing them that the ballot measure is invalid and to refrain from counting the votes.

The petition can be read here.

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