Following a Wednesday ruling, Alachua County voters’ decision in the 2024 districts referendum will remain after an overturn of a judge’s ruling that the ballot language was unlawful.
The 2024 referendum passed with 71% of the vote and reversed a 2022 referendum that moved Alachua County to single-member districts, passing by 51.5%. But a lawsuit challenged the validity of the new referendum, and a trial court initially agreed in October 2024.
On Wednesday, though, Florida’s First District Court of Appeals ruled that the trial court had erred in its interpretation of Florida law.
Three Alachua County residents, including former state Sen. Keith Perry, argued that the ballot language to switch from single-member districts to at-large districts or vice versa is identical. Therefore, the county should have used the same language that the Florida Legislature used for the 2022 referendum, and instead of voting “yes,” residents could vote “no” to return to at-large districts.
The appeal court disagreed.
“Had the Legislature wished to include specific language that must be included on the ballot for a return to at-large voting in section 124.011 or elsewhere, it could have done so,” the court said in its order.
The appeal court said state statutes only require that the referendum to return to at-large districts be placed on a primary, general, or otherwise-called special election and that the referendum be instigated by a resolution of the county commission or by a petition of the citizens with 10% of registered voters signing off.
The court also noted that at-large districts are the default method for county commissioners to be elected in Florida.
Alachua County Spokesperson Mark Sexton said the county was glad the appeals court agreed with its arguments. He said the ruling will allow the county to honor the electorate and remain in the system that best serves the citizens.
“We’re very glad that our commissioners are going back to what we think is a more representative form of county government in which all five commissioners represent the entire best interest of everyone in the county and our residents have five commissioners that they can go to and hold accountable as opposed to just one,” Sexton said.
County Commissioner Ken Cornell said the ruling came as a surprise and reaffirms the decision the voters made in November. He said the county had already planned to move forward with an at-large election because of the automatic stay on the lower court’s decision. Now, the county can move forward knowing the decision has been settled by the appeal court.
Perry told Mainstreet that single-member districts allow the best representation, but he said nobody is in a rush to change the default system because it enables those in power to remain, both in red and blue counties. He called the appeal court ruling disappointing after the victory at the trial court.
“It was discouraging news,” Perry said. “I think that what’s legal and what’s right or fair can be two different things. The fact that the city of Gainesville dominates every county commission race is unfortunate.”
But Perry said the county won the legal battle, and he wasn’t sure if the appellees would file any additional motions to continue the case.
The court order comes the day after the Alachua County Board of County Commissioners (BOCC) decided to redraw the district map, with a final vote coming in the following weeks.
Commissioners said the new map would allow the best possible districts no matter the at-large or single-member district system. The county attorney said the BOCC would remain as at-large districts until the courts ruled otherwise. She said that the First District Court of Appeals could decide in two years or tomorrow, as it did.
Editor’s Note: This story was updated to include comments by Commissioner Ken Cornell.