Vote Or Don't Vote? Court Action On Referendum Confounds Voters

HILLSBOROUGH COUNTY, FL — If Hillsborough County voters weren't already confused enough, the actions of an appeals court on Friday afternoon cemented the chaos.

The day after Hillsborough County Circuit Court Judge Anne-Leigh Gaylord Moe ruled that the 1-cent sales tax referendum for county transportation projects should be removed from the Nov. 8 ballot, an appeals court issued a stay on the ruling and said the vote will be allowed to continue.

The referendum was placed on the ballot by the Hillsborough County Commission to help fund road and intersection improvements, sidewalks and public transportation.

The commission's action comes after a similar referendum passed by 57 percent of the voters in 2018 was ruled unconstitutional by the Florida Supreme Court after County Commissioner Stacy White sued.

See related story: Transportation Surtax Referendum Ordered Off Nov. 8 Ballot

This time the referendum was challenged in court by Northdale activist Karen Jaroch. Moe upheld the court challenge, contending that the wording of the referendum was misleading.

As a result, Hillsborough County Supervisor of Elections Craig Latimer posted a notice Friday at all early voting sites saying the referendum had been pulled from the ballot and any votes cast on the referendum would not be counted.

The appeals court has now stayed Moe's ruling and tax proponent Tampa Mayor Jane Caster is telling voters to continue voting on the referendum.

"I am definitely voting for All For Transportation, and I hope you will too," Castor said.

"It is my understanding when an appeal and stay is entered relating to the final order, the voters of Hillsborough County can continue to cast their votes on the referendum,” said Hillsborough County Commission chairwoman Kimberly Overman. “From the beginning, it has been the intention of the board for the citizens to vote on the transportation referendum and I believe our residents know how important the transportation issues are in Hillsborough County.

"If you planned on voting for the Hillsborough County transportation surtax, then vote on it," Overman told voters. "You still can. The legal challenge is a voter suppression tactic. Don't miss your opportunity to weigh in on our transportation needs. Don't let them steal your vote."

The referendum asks:

“Should transportation improvements be funded throughout Hillsborough County, including Tampa, Plant City, Temple Terrace, Brandon, Riverview, Carrollwood and Town ‘n’ Country, including projects that:

• Build and widen roads.
• Fix roads and bridges.
• Expand public transit options.
• Fix potholes.
• Enhance bus services.
• Improve intersections.
• Make walking and biking safer.