Fort Myers Beach Council refuses to set qualifying period for recall election, setting up showdown with Chief Judge of Lee County
The Town of Fort Myers Beach Council has refused to set a qualifying date for candidates to run in a special recall election for the seats of councilmembers John King and Karen Woodson. The council voted 4-1 to not adopt a qualifying period for candidates, setting up a possible showdown with the Chief Judge of Lee County Circuit Court J. Frank Porter, who ordered the special recall election. The motion could potentially put the council at risk of being found in breach of Porter’s order. Voting against setting a qualifying period election were councilmembers King, Woodson, Scott Safford and Vice Mayor Jim Atterholt. Mayor Dan Allers was the lone vote to support setting a qualifying date of Sept. 15 and Sept. 16. The deadline for the qualifying period was requested by Lee County Supervisor of Elections Tommy Doyle due to the need for time for overseas ballots to be sent out.
Town counsel Nancy Stuparich said the reason the qualifying dates for candidates have been set for Sept. 15 and Sept. 16 and not immediately this week is there needs to be time for candidates to gather signatures by petition. Stuparich said the Lee County Supervisor of Elections can’t set qualifying dates and that only the town can set the qualifying period for the candidates.
Councilmember Scott Safford asked Stuparich if the Lee County Supervisor of Elections Tommy Doyle was “mandating that we do this?”
Stuparich said Doyle didn’t have the authority to mandate the town follow the qualifying period as requested. “He has not mandated, he doesn’t have the authority to mandate that of us,” Stuparich said.
“I heard a lot of should’s and could’s and would’s but is this a mandate?” Stafford said.
“No, however, he is mandated by the Chief Judge to hold the election and then the statute does say that if the election is to be held candidates to succeed them by unexpired terms should be voted on at the same election. So he really can’t do it unless he has some qualifying dates,” Stuparich said.
Safford said he wouldn’t support setting the qualifying period unless he is required by a judge.
Atterholt asked Stuparich if the order by Porter setting a date for the recall election, set a qualifying period for candidates.
“He did not,” Stuparich said. Stuparich then said the Florida statutes for filling vacancies in a recall election has one section for at-large elections (which Fort Myers Beach elections are) which does mention how the qualifying period shall be decided, and then a second section for elections where candidates are voted on by districts (which Fort Myers Beach does not have). In that second section, Stuparich noted the qualifying period is to be set by the chief judge after consultation with the town clerk. However that section only refers to elections held in districts. and refers to a special district recall election.
The Town of Fort Myers Beach Charter spells out when the qualifying period must be held for regular elections “or as otherwise provided by general law” shall be from noon of the 50th day prior to the election to noon of the 46th day, or as adjusted by a holiday or leap year.”
Lee County Circuit Court spokesperson Lisa Miles referred questions regarding the next steps in the process to the office of the Lee County Supervisor of Elections.
“The Chief Judge can’t speak to something that may come before the court for litigation,” Miles said.
Gaby Aguirre, a spokesperson for the Lee County Supervisor of Elections, said “We do not have any additional details at this time” but that a statement could be forthcoming later. “We’re in contact with the town,” Aguirre said.
Supervisor of Elections Tommy Doyle notified the office of the Town of Fort Myers Beach Clerk of a draft notice for the election which would set the qualifying dates for candidates to file for the election to be Monday, Sept. 14 and Tuesday Sept, 15. Candidates seeking to file to run for office by filing during this period would pay a filing fee of $513.07 and a municipal election assessment of $171.02 for a total of $684.09 to run in the special recall election.
Under the notice spelled out by Doyle, those seeking to run for office by gathering petitions, would need to submit 34 signatures from Town of Fort Myers Beach registered voters and submit them to the Supervisor of Elections in Lee County by 5 p.m. on Friday, Sept. 12.
Aguiree said the office is currently reviewing dates to ensure candidates have sufficient time to meet qualification requirements.
Atterholt said he refused to be a part of furthering along the recall election process. “I can’t ethically be a part of it, of cleaning up a mess that is so devious that quite frankly is embarrassing.” Allers argued that the town council should follow the due process set forth by the judge and the Supervisor of Elections.
King and Woodson declined to sign conflict of interest forms ahead of the vote regarding the qualifying period.
“This whole recall is a sham. It’s been perpetuated by lies, deceit. Everybody knows it. The petitions that were signed should really be thrown out.” Woodson said.
Woodson said that the town council’s vote to approve the Seagate condo development was “used as the bait” for the recall.
“I am supposed to sign that this is a conflict of interest. I don’t have a conflict of interest in voting. I have a vested interest in voting no,” Woodson said.
King and Woodson have denied all allegations and have filed a lawsuit to stop the recall.
King and Woodson cited conflicts of interest when they abstained from voting in June on a town council resolution that authorized the town to cover their legal expenses to defend themselves against the recall.
J. Frank Porter, Chief Judge of the 20th Judicial Circuit Court for Lee County, set the date of the recall election as required by state law. King and Woodson had five days to resign by this week or face the recall election after two committees formed to recall their seats gathered more than 560 signatures from Town of Fort Myers Beach residents on each of their recall petitions. The petitions were certified by the Lee County Supervisor of Elections last week.
King and Woodson are accused of violating the Florida Open Meeting Law through an attempt to replace former Town of Fort Myers Beach Attorney John Herin Jr. in 2023, allegedly accepting unreported gifts from entities seeking land use approvals in the town and other alleged violations of the town charter including an allegation that Woodson and Atterholt violated the Florida Sunshine Law when they allegedly spoke together about the Fort Myers Beach Pier.
Former Fort Myers Beach Mayor Ray Murphy, who headed one of the two committees leading the recall effort, said on Thursday following the vote that “It’s all up to the Judge and the Supervisor of Elections. It’s out of our hands.”
Murphy has ruled himself out of the running for either of the town council seats.
The setting of the date of the recall election by the Chief Judge of Lee County Circuit Court is a statute under state law for the procedures of recall elections, which sets the timeline for when they must occur. After petitioners for a recall have gathered signatures of 15% of registered voters for a recall and a supervisor of elections certifies those signatures, the elected officials facing recall have five days to resign or a recall election must be held within 60 days.
Despite the vote taken by the Town of Fort Myers Beach Council today to stop a qualifying period for candidates to be put on the ballot for the Nov. 4 recall election that has been set by the Chief Judge of Lee County for the recall of councilmembers John King and Karen Woodson, the Lee County Supervisor of Elections has not ruled out that those seeking to get on the ballot can qualify by the collection of petition signatures. Based on a notice sent to the town on Wednesday, that the Lee County Supervisor of Elections considers a “draft” notice, candidates for the Town of Fort Myers Beach Council recall election could potentially also qualify by collecting 34 signatures from Fort Myers Beach registered voters on petitions by 5 p.m. tomorrow after filing paperwork with the county supervisor of elections.
Though Lee County Supervisor of Elections Tommy Doyle was not available for an interview today, Supervisor of Elections communications director Gaby Aguirre said those seeking to qualify by petition can contact the qualifying department of the Lee County Supervisor of Elections at (239) 533-8683 regarding qualifying by petition.
Aguirre said those seeking to qualify by petition would also need to submit initial qualifying paperwork before submitting petitions. The cost of qualifying by collecting signatures is $171.02 whereas the cost to qualify by paying the filing fee during the qualifying period that the town has refused to set would be $684.09. The same “draft notice” identifies Sept. 14 and Sept. 15 as the qualifying period for the election, which the council voted against doing today.
This is a breaking news story and will be updated
Fort Myers Beach Observer Editor Nathan Mayberg can be reached at NMayberg@breezenewspapers.com