The county elections official was forced to reject the 327 petitions signed by voters in support of a recall election for Key West City Commissioner Lissette Carey due to a statutory 30-day time limit.
Jim Strebeck, the Key West resident and District IV voter leading the recall effort, told the Keys Weekly the setback is not the end of the effort.
The invalidation of the recall petitions occurred separately from a lawsuit that Carey filed on July 30 to stop the recall effort, as the Supervisor of Elections office is required to validate the signatures on all petitions when a recall effort is launched, regardless of any lawsuits filed challenging that recall effort.
The lawsuit Carey initially filed on July 30 claimed the recall process was illegal because the petitions lacked specificity in detailing precise unlawful charges against her. The original complaint further claims the recall committee did not file paperwork to register as a political committee with the city or state and claims that some petition signers did not know what they were signing. The lawsuit names as defendants Key West city clerk Keri O’Brien, Supervisor of Elections Sherri Hodies, and resident Aaron James Strebeck, who is leading the recall effort.
Carey’s attorney, Juan-Carlos Planas, of Miami, filed an “amended complaint’ on Aug. 1 that reiterates the same claims, but also questions whether the required number of signatures were collected and submitted to the city clerk’s office within the required 30 days.
It turns out, according to Supervisor of Elections Sherri Hodies, the recall effort did not meet the timeline required by state law.
Regardless of a lawsuit being filed, Hodies’ office is tasked with verifying all signatures received for any recall effort. Hodies told the Keys Weekly on Aug. 7 that Florida law forced her to invalidate all 327 petitions because the signatures were not all collected and submitted within 30 days, as the law requires, making them late.
“It’s a shame I have to deny these petitions because people worked hard to exercise their constitutional rights and the democratic process. But the law is clear,” Hodies said. “This isn’t a technicality; it’s the law.”
Florida Statute 100.361(2)(f) states: Filing of signed petitions. — All signed petition forms shall be filed at the same time, no later than 30 days after the date on which the first signature is obtained on the petition. The person designated as chair of the committee shall file the signed petition forms with the auditor or clerk of the municipality or charter county, or his or her equivalent, hereinafter referred to as ‘clerk.’ The petition may not be amended after it is filed with the clerk.”
Hodies filed a response to Carey’s lawsuit on Aug. 5, outlining the same legal requirements for the petition and stating that the first petition signed by a voter is dated June 6.
“Using the June 6 date as the starting point for the process, the (recall committee) had until July 6 to file the petitions with defendant Keri O’Brien in her official capacity as city clerk. …The committee submitted the petitions to the clerk on July 23. The clerk transmitted the petitions on July 24, the following day, to the Supervisor.
“Accordingly, the committee turned in the petitions late as a matter of law – based upon the earliest date on the submitted petitions. As one conducting a ministerial duty, the supervisor does not have the legal latitude or discretion to assume that the “6/6/25” date was a scrivener’s error and really intended to read “7/6/25….”
“Moreover, using the June 6 date as the starting point, the committee submitted a total of 327 (petitions), of which 157 were validly signed within 30 days of June 6, based upon the supervisor’s comparison of the signature on the petition with voter registration records. That number falls short of the 273 valid signatures needed in order to proceed to the next phase of the recall process set forth in F.S. 100.361(3). Absent an order from this Honorable Court to use a date other than June 6 as the initial date, the supervisor will be sending the clerk a written determination before the end of the 30-day deadline set forth in (Florida law) that: a. the recall petitions were submitted untimely; and b. there is not the requisite number of verified and valid signatures needed for a recall election to be called.”
Strebeck told the Keys Weekly on Aug. 7, “We understand that the Supervisor of Elections was doing her job as the law requires, and we accept that she has no latitude to exclude even obvious mistakes. A handful of misdated petitions however does not negate the will of the hundreds of District 4 voters who signed our petition calling for the removal of Commissioner Carey. District 4 needs a commissioner with the capacity, competence and integrity to lead our city back into the public’s trust and we will continue to work towards making that a reality.”
Court records show that attorney Ralf Brookes, a former Key West resident who now lives in Cape Coral, is representing Strebeck.
It is unclear how the invalidated petitions will affect Carey’s lawsuit, which seeks an emergency hearing in front of a judge as well as financial relief for Carey for attorney fees, court costs and “all other allowable relief.”
The petition seeking Carey’s recall from office states:
“Lissette Carey should be recalled from the office of District IV City Commissioner for committing misfeasance, malfeasance, incompetence and neglect of duty as a commissioner.
“Lissette Carey’s persistent failures in judgment and responsibility, documented by the final report of the Monroe County Grand Jury, are clear grounds for recall. Jurors reviewed evidence from the State Attorney’s Office and the FBI and heard firsthand witness testimony. We agree with the jurors that Carey’s actions and inactions evidence incompetence and neglect of her duties, poor decision-making, and inability to serve as Commissioner. We also agree Carey lacks the convictions needed to fulfill her official duties. The Grand Jury recommended Carey resign in the interest of the integrity and betterment of the City. Carey has not challenged the Grand Jury’s findings, but has refused to resign. In her official capacity as Commissioner Carey has distorted facts, misinformed the public, and insulted key community partners, damaging the City’s ability to serve its citizens.
“The public trust is further damaged with each day Carey remains in office.
“We, Carey’s constituents in District IV, find she wrongfully exercises the power of her office. These transgressions establish grounds for Carey to be RECALLED from office.” (Boldface emphasis included in original petition language.)
