Sen. Keith Perry files lawsuit against Alachua County Commission to stop ballot measure for at-large County Commission districts
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:
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.
A seemingly solid lawsuit that I hope pans out. At Large districts are nothing more than the attempts of Alachua County democrats to retain absolute power over everyone in the entire county.
It’s often been said the easiest people to rule are the uneducated and those who depend on government to provide for them.
No wonder the City and County Commissions find it so easy to keep residents in bondage.
Yeah, Gainesville has among the highest educated citizenry in the nation, while Trump wins with non-college educated whites and loses with the college educated.
You sure you don’t want to rephrase that, genius?
Take uf out and gainesville is another palatka
Don’t need to. Education takes many forms and while people can have all the book smarts in the world, it’s pretty worthless unless you have the common sense to apply it properly.
You’d think someone who got their start hammering nails would know that after he’s hit his thumb instead of a nail a couple times.
You hypocrite. Gerrymandering districts are nothing more than the attempts of Florida fascist republicans to retain absolute power over everyone in the entire state. You republican fascists fool no one.
Rodney long is the hypocrite…he was for single member for district 1. Now he makes money off our crime. The more criminals here, the more he makes. How’s that 10 year plan to end homelessness working out? “ those are not my pants”
Name calling here doesn’t work. Worse, for your point of view, you are calling the wrong people fascists. By definition, you are referring to the politicians of the Democrat party, not the GOP.
We know what you’re having for breakfast.
You idiot. Keep voting for the lunatics who still count on deception and handouts to influence voters.
They can’t help it…it’s a left brain thing…there’s a lot of lazy people who want free sh!t….there’s more useless commies around here than people who are personally responsible…
Real nice, you and your fellow big government stooges are now defending gerrymandering. You don’t care about principles, freedom, or democracy. You care about getting your way, but are stupidly applauding power plays by the sate that set precedent for when your guy and party may not be in power.
Oh, look, another know-it-all who doesn’t know what gerrymandering is. The district lines are set by the county commission, and this proposal doesn’t change them at all.
Also, we currently have single member districts. This is a sore loser effort to undo the will of the voters.
Paulie, HB 1493 does not define a shape for the boundary of the Districts.
The law states that eligible voters living in the District can only vote for the candidate that also lives in the same District.
Single Member Districts prevent your vote for your candidate from being diluted, or negated, by a vote from someone living outside of your District. That is how Representative DEMOCRACY works best.
Supporting At Large Districts is no different than supporting an idea that eligible voters in another State should be allowed to vote for another State’s Governor, or Senator.
If you really like At Large Districts, then demand the City of Gainesville Commissioners change its structure of Single Member District.
Then you and Perry should be campaigning to change all the counties in Florida to single member districts, since most of them are not. This isn’t about principle, it’s about another GOP take over of local government when it’s blue, just like the GRU rip off.
Suwannee columbia Hamilton, Dixie Madison Lafayette, all have single member districts it stops any one area from getting everything
Best, most factual comment yet. I wish we could put it on a billboard.
So in that case Pauline, since FL is presently a red state, all of FL house and senate should be controlled by Republicans right?
Mini-Kenny Cornhole here (of course you may know me as Mr. Platform shoes), I don’t care what the people wanted which was demonstrated and their majority vote for at large districts. I went to the school of Mayor back-Ward and I am his number one minion and I will not let him down. The only way I have a shot at being reelected is eliminating at large districts because I know I cannot beat anybody in a primary. Do not worry my mentor and leader I will not let you down and I will be at your office this morning with a fresh hot box of donutz for you to put in your mouth.
Thank you to the citizens taking action and to you Jeff, for fighting these battles.
Jeff Childers: The hero we need!
We worked so hard to educate the voters in Alachua County in 2022, and we prevailed. The BOCC shouldn’t be allowed to “try again” just because they lost. Single-member districts allow voters to make the commissioner in their district hear their voices. Opinions can be diluted with at-large districts. What works best for one district may not for all.
The BOCC was barred from campaigning against the vote and sat silently while the local and state GOP lied their butts off. That’s a fact.
Too bad Benito DeSantis isn’t similarly constrained as he is typically – for him – using all the powers of the state he can to block citizen initiatives on the ballot this year.
You fascist republicans need to leave Alachua County alone and self government. We don’t want the state interfering in our local politics you bastards.
Paulie: you’re a moron with the name calling….
Local government is subservient to Tallahassee & the state.
The people have spoken.
If you don’t like how the system works here, you fascist commies can move to Gaza and make a difference there.
That make them happy, targets to intercept the munitions intended for the terrorists.
Who are they fooling, they’d never sacrifice themselves for a cause. They’re the real hypocrites.
Your the one who likes taking orders Sherman, so cut the crap about who’s a commie and a fascist, and get on the boat and leave. You’ll be much happier.
Paulie is such a strange person. First the democrats want single district now they don’t like it.
You can always count on certain commenters to call Republicans names instead of engaging with the possibility that Alachua County’s lawyers didn’t bother to read the statutes before putting this on the ballot. Nope. It can never be that Dems make an error, it’s always that Republicans are fascists.
AND… the voters passed this in 2022. It’s the Dems who are denying the will of the voters by wanting a do-over.
Democrat/Republican Y’ALL WHO VOTE JUST VOTE ONE PARTY UNIVERSITY OF FLORIDA. The BOCC, Public Defender & State Attorney (both u of f professors) and so many more… Alachua County is the U OF F dominant party affiliation here. So quit squabbling and vote for the UNIVERSITY OF FLORIDA politcal party across the BOARD.
🛑😁🛑
This is an example of everything wrong with today’s politics.
Politicians and their consultants no longer try and persuade, they use force.
Perry and Stafford didn’t try and persuade, they used disingenuous propaganda leaving voters feeling tricked. There was no attempt to engage with voters and persuade.
Now,still no attempt. Just brute force.
It destroys trust. It breeds bitterness.
Just shameful all around.
If you’re looking for local leadership to educate you, best look somewhere else.
If you like the rising utility rates, taxes and homeless in the community – we know how you’ll vote.
Can’t educate those unwilling to learn from past mistakes, or those who don’t want to. There’s no amount of education that will help that.
How about the 2.5 billion dollar wood burner shoved down our throats. I wait for your response
That’s their game and Benito DeSantis and this local loser Perry – only in office because FPL gave him $100k in dark money in 2018 – think they’re dictators. Most of the GOP, including most on this board, love it. They don’t want freedom, they want big Daddy telling them and everyone else what to do.
Hallelujah. If county D voters think they’ll improve their neighborhoods with General districting, why didn’t that work before? Anywhere else in America, including gerrymandered Black districts, are deemed more democratic. But just because GOP in Alachua county favors it, it’s now suddenly a “threat to democracy!”
You get what you voted for… 👺💩👿🤡👹ACLUSPLCDNC
Most counties in Florida ARE NOT SINGLE-MEMBER DISTRICTS and the state doesn’t have a problem with it, because they are mostly GOP controlled. WTH are you talking about?
Finally! Someone who recognizes the petulant children of Alachua County and their need for discipline.
Maybe you should run for school board, the other liberals might listen to you.
I attended the debate sponsored by the League of Women Voters. Kim Barton made an excellent point about Republican participation, they don’t get involved with elections in the same quantities as Democrats. The number of Republicans applying to be poll workers is very small.
And that is also reflected in Republican voter turnout for elections. If Republicans don’t get off their butts to vote for Jenn Garrett and Liz Doebler then Single Member Districts is a moot point.
The ball is in your court to educate your neighbors and friends to vote for one of two candidates that may be in their District.
It as the Republicans who whined they wanted SMDs until Clemons crammed it down Alachua County’s throat and the dirty tricks squad put out a racist lie to fool the voters.
OK, Republicans, you got SMD for at least this election. And what do you do? Waste it. Showing you to be the loud mouthed whining hypocrites we know you to be.
Not ONE Republican in Alachua County has the balls to run against Chuck Chestnut. Not one. Buncha of spineless eunuchs. In this year’s election you had a chance to take a 3 vote majority on the county commission.
Or did the evil Democrats forget to tell the dumb Republicans that “you cannot win an election if you do not sign up as a candidate”?
Doubtful many live in his district. You probably don’t either.
Why is that? The real reason, not the PC one.
Wrong. Turkey Creek, a ultra Republican MAGA suburb in Alachua, is in Chestnut’s district. They are loud and love to whine against the “liburl Dems” who run Gainesville/Alachua County. Not one has the balls to run for commissioner.
As of 2022, Chestnut’s district had more Democrat registered voters than Republican and NPA combined. It’s a Democrat district. Republicans have a decent chance in 2 & 3, and a Dem primary in the others could give a less progressive candidate than the current commissioners, but 1, 4, and 5 are Dem districts. Nobody ever said that single member districts would lead to a conservative majority on the board, just a voice for conservatives in 2 & 3.
Thanks, beat me to it. Those 3 districts – very democrat.
Must want something.
Exactly, the free bus ride crowd is only going to vote for Chuckie Cheese Chestnut
Paula: Obviously the local Republicans are more clueless than I thought.
Question: What is the difference between a 5-0 vote, a 4-1 vote, and a 3-2 vote on the BOCC?
NOTHING.
The Dem majority do what they want.
Your desire for two seats to give a “voice for conservatives” is laughable. The only thing that will happen is the meetings last much longer, as the two Rethuglican commissioners spout their failed MAGA message and then LOSE in a 3-2 vote EVERY TIME.
History lesson: Remember a couple years ago when a commissioner resigned and Desantis appointed a loyal MAGA lacky, Ramein Noodle-Glenn, to fill the term? What did this CONservative “voice” do in her term? Nothing, just keep her mouth shut and collect her paycheck. A R in a seat does not guarantee any change in county government. Not even a voice if a worthless politician like Noodle-Glenn sits in the seat.
I felt embarrassed for you R’s having her represent you. Even you R’s got some people better than her.
Not everything is a blue/red decision. Democrats and NPAs who aren’t ideological progressives can be persuaded to vote for motions that benefit people over ideology (see: the three-vote coalition of Chestnut, Duncan Walker, and Book on the city commission, which sometimes attracts a 4th vote). Single member districts will give Cornell’s district the opportunity to select a representative in the primary who is more focused on reducing the cost of living and less focused on trees. That’s why Cornell is the most worried about single member districts of all the commissioners. He knows he can’t win a primary in his district.
Voices…But we know the difference between a male and a female.
We also know those who make believe they’re female aren’t capable of bearing children.
Who should be more embarrassed?
OR Republicans are just smart enough to read maps and study registered voter information well enough to know that numbers don’t support a republican winning that district at this time.
Attention: If the Rs want permanent change, their only hope is to get a 3 vote majority and redraw the district lines for future elections. Other than that, BOCC is a D majority.
GOP BS. Most counties in Florida are not single member districts, so why Alachua County? Because Alachua County is blue and this is stupid GOP tribal warfare and Perry is not on the counties side. He’s a partisan hack who should have been prosecuted for his dark money scam that put him over the top in 2018 (FPL gave him $100k under the table).
https://www.miamiherald.com/news/politics-government/state-politics/article264196761.html
Neither the GOP nor Stafford Jones cares about single-member districts.
https://www.heraldtribune.com/story/news/2022/02/23/pac-opposing-single-member-districts-has-ties-important-consulting-firm/6788132001/
That is an article about this same group opposing single-member districts in a GOP stronghold.
This is a power play, and they used scummy tactics to get there. In the end, the GOP in FL is not used to sharing, compromising, or making good public policy.
They care about power—end of story.
😢🎻