When Can Recall Candidates Qualify?

Nobody knows yet. As of close of business last night there was no official word from the Lee County Supervisor of Elections or the Town of Fort Myers Beach following a very awkward Town Council meeting Thursday.

The election to recall John King and Karen Woodson has been set for November 4th by Chief Judge Frank Porter. Porter and the Lee County Supervisor of Elections then told the town of Fort Myers Beach they needed to set a qualifying period for candidates. The Town Attorney drafted an emergency resolution Wednesday setting the qualifying period for Monday morning 9AM through Tuesday afternoon at 5PM and she requested the Town Council pass an emergency resolution codifying those dates it to keep the recall on schedule for November 4th.

That’s when everything went off the rails?

The Town Council voted 4-1 to deny setting the qualifying dates after the Town Attorney said the Town Council was not mandated to do so. Vice Mayor Jim Atterholt said, “We have a poorly worded state statute that’s been hijacked by some folks for nefarious purposes using slander and defamation. I can’t be a party to cleaning up a mess that’s so devious. It’s embarrassing for the town.” Council member Scott Safford said he was refusing to put his name on the attempt to push out his colleagues.

Mayor Dan Allers was the only one in favor of moving the process forward. “We had no control over the process. I support setting the dates.” 

King and Woodson refused to sign the conflict of interest forms which the town attorney said was their prerogative. Woodson said the recall is a sham perpetuated by lies and deceit and everyone knows it. “The petitions that were signed should be thrown out because they were gathered under false pretense. They used the Seagate vote as the bait, and I have witnesses that will testify to that in court: no mention of the three allegations that are total lies. I don’t have a conflict of interest with this vote. Quite the contrary, I have a vested interest in this, and I will not stand down.”

Allers made the motion to approve the qualifying dates which died for lack of a second. Safford made the motion to deny which was approved 4-1, Allers being the only no vote.

This turn of events is unlikely to stop the recall from happening on November 4th. It probably won’t even delay it. It’s likely the Superviser of Elections and Judge Porter are trying figuring out what to do to make sure the election is executed legally. Although, just like the state statute does not require proof of recall allegations, it also does not give the judge or the Supervisor of Elections clear direction to set qualifying dates. It gives clear direction to the judge to set the election. Hard stop. The elections office has been telling candidates who wish to qualify to call their office.

The missing piece in the puzzle was the town’s charter which does not clearly state what to do in the case of a recall. That’s why the Town Attorney drafted the emergency resolution. However, 4 council members who believe the process is flawed, and the recall is based on lies, refused to clean up what they believe is a poorly written state statute or be seen as advancing the ball for the recall committee.

Following the vote, we reached out to the Lee County Supervisor of Elections and asked what happened next. We were told, “At this time, there aren’t any additional details. We’re in contact with the town and will reach out to you once we have more information.”

In their recall petition, Veach and Murphy alleged King and Woodson violated the Florida Sunshine Law and accepted gifts from developers that had business before the town council. The allegations were never filed with the State Commission on Ethics, which is how that process is typically followed, and King and Woodson have repeatedly denied the allegations. Veach and Murphy have never offered proof of those allegations and canvassed the streets of Fort Myers Beach telling residents the recall was about Seagate and other large developments.

A judge (not Porter) will decide if what the recallers did fits the state statute for a recall election. King and Woodson have filed lawsuits against Murphy and Veach over the false allegations. They are asking the judge to throw out the recall based on false allegations. And they have asked the judge for a speedy trial. Veach and Murphy have asked the judge to dismiss the lawsuits stating the allegations fit into the criteria in the state statute and no proof is needed. They say the courts have no business getting involved and that it is now up to the voters.

When/if the recall happens, voters will see two ballots, one to recall John King and the other to recall Karen Woodson. If a majority votes to recall King and Woodson they are removed from office. Those ballots will also include a list of candidates. From those candidates the two people who receive the most votes will take over for King and Woodson. We should start to see who the candidates are over the next days and weeks. King and Woodson cannot be on the ballot as candidates. As of 9PM last night there are no candidates that have officially filed to run for those two seats in the recall.

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