Duval County voters can cast ballots for a new sheriff in a special election Aug. 23.
In a special meeting June 6, Jacksonville City Council voted 19-0 to approve Resolution 2022-430 creating the election.
The need for the special election was triggered June 2 when Sheriff Mike Williams announced his retirement – later amended to a resignation – effective June 10.
Williams resigned after it was determined he moved to Nassau County in March 2021, violating the city charter that requires the sheriff to live in Duval County.
The seven-day qualifying period for the special election begins at noon June 10 and ends at noon June 17.
Candidates must reside and be a registered voter in Duval County 183 days prior to the date of qualifying. To get on the ballot, they must collect the required qualifying petitions or pay a fee.
Before the vote on the resolution, city General Counsel Jason Teal advised the Council that actions taken and compensation received by Williams since he moved to Nassau County are legally valid.
Teal said the state Supreme Court has upheld the “defacto officer doctrine.” It holds that if someone performs the duties of office, even though technically unqualified, their actions remain in effect and the compensation is justified.
The court upheld defacto officer status to “avoid chaos that could occur when unwinding decisions made” while someone was not technically qualified to hold the office for which they were elected, Teal said.
In Williams’ case, that could include contracts, budgets, promotions and other official acts between March 2021 and 2 p.m. June 2, the effective date of the vacancy noted on a draft legal opinion rendered by the general counsel’s office, Teal said.
On the compensation issue, Teal said the court also upheld that someone is entitled to the compensation associated with the office if they perform the work and duties of the office.
“The legal concept is if you do the work, you should get paid,” Teal said.
Council voted to remove a section of the resolution calling on Mayor Lenny Curry to ask Gov. Ron DeSantis to appoint an acting sheriff to serve from June 11 until the results of the Aug. 23 special election, and a runoff election if necessary, are certified.
At a news conference in Jacksonville about 90 minutes before the Council special meeting, DeSantis named Jacksonville Sheriff’s Office Undersheriff Pat Ivey to temporarily serve as sheriff.
If no candidate in the special election receives 50% plus one vote in the first election, the two candidates receiving the most votes will be on the ballot for a runoff in the Nov. 8 general election.
The winning candidate would serve until 2023.
The March 2023 election would be for a four-year term. The sheriff is limited to two consecutive four-year terms in office.
Also at the news conference, DeSantis endorsed JSO Chief TK Waters to become Jacksonville’s next elected sheriff..
Waters is among six candidates who have opened campaigns for the office, joining fellow Republican Mathew Nemeth and Democrats Lakesha Burton, Wayne Clark, Tony Cummings and Ken Jefferson.
Those candidates, and others, could enter the special election.
