Judge Will Not Stop The Recall

The recall of Fort Myers Beach Town Council members Karen Woodson and John King will go forward as scheduled Tuesday. Judge Kyle Cohen ruled on Thursday that he has no plan to stop the election or seal any election results until the court cases wrap up. Woodson requested the judge seal the results until her appeal was heard.

There’s a chance another hearing will be called for Monday, one day before the recall, to discuss John King’s case. The judge previously ruled that King’s recall petition was “fatal,” that one of the 3 elements did not fit into what the state law required. King sued the recallers to get taken off the ballot. Bill Veach tried to get that lawsuit dismissed and was denied. Veach has appealed. From King’s perspective that puts him in recall limbo.

Election Supervisor Tommy Doyle has said he will not invalidate the recall of King unless the judge orders him to do so. While the judge appears to be willing to issue a final order in the King case, he does not plan to tell Doyle to stop the election from going forward. The recall will take place Tuesday, Doyle’s office will validate the results, and send them along to Town Clerk Amy Baker.

Whether or not King can be recalled is in the hands of an appeals court now and that will likely have to be sorted out after the recall votes are cast Tuesday. There’s a very low likelihood the appeals court will take up the matter – and decide on the issue – before Tuesday.

If the recall fails Tuesday, the matter is over and King and Woodson keep their seats. If the recall succeeds, King and Woodson will most likely have to vacate their seats until the court cases are resolved. Or, perhaps, both could say, they are not leaving their seats until the court cases are resolved.

The next Town Council meeting after the recall is an M&P meeting, 2 days later, November 6th. The Town Council cannot take votes at M&P meetings. it’s unclear that if King and or Woodson are recalled which meeting new members might be appointed. The town charter does not state that the Town Council has to vote to verify results in the case of a recall election.

Recallers, led by former Mayor Ray Murphy and former Town Council member Bill Veach, have alleged King and Woodson violated the Sunshine Law and accepted gifts from developers. They also allege King used his power as a council member to dictate town employee firings. The recallers have not provided any proof of their allegations, nor do they have to, according to Florida recall statute. Both King and Woodson have filed defamation lawsuits against Murphy and Veach.

Another scenario the Fort Myers Beach Town Council has to contemplate is King and Woodson losing the election, vacating their seats, then winning their appeals. What would then happen to all the votes any newly appointed members cast if King and or Woodson get reinstated?

Tuesday voting is from 7AM to 7PM at Bay Oaks.
The deadline to return a Vote By Mail ballot is also 7PM.
Once the results are in we will post them to our Facebook page.