TAMPA, Fla. — The legal battle continues over Hillsborough County's All for Transportation referendum.
In an emergency meeting Thursday evening, commissioners voted 5-2 to appeal a judge's ruling to toss the measure from the November ballot.
In the one-hour meeting, 21 people spoke out, some in favor of the referendum remaining on the ballot; others against it.
"The issue is whether the citizens will have the opportunity to cast their vote for or against this proposed surtax and ultimately whether their vote counts," County Attorney Christine Beck summarized.
Both sides agree Hillsborough County needs to fund more road projects.
The issue at hand: is the All for Transportation surtax the answer?
"Striking the All for Transportation initiative from the ballot will set our transportation needs back decades," said one supporter.
"The ballot language was politically polluted for political gain and the ballot is now tainted," argued another person against the measure.
Earlier this week, a judge struck down the ballot measure which asks voters to approve a surtax aimed at funding transportation and transit projects.
The judge called the wording vague and misleading.
But commissioners voted to appeal that ruling, standing by the way it was written.
"The ballot language and ordinance 22-9 is virtually identical to the ballot language drafted for the 2016 Go Hillsborough initiative as well as the 2018 charter amendment. But most significantly, in the prior litigation relating to the 2018 charter amendment, the circuit court specifically approved virtually identical ballot language," said Beck.
Chris Stranburg said the vote Thursday night didn't surprise him.
"We knew that it was going to be an uphill battle. We were very appreciative to the judge's decisions on Monday. And we kind of foresaw that this would just kind of be a continuing legal battle," he said.
Stranburg, the State Legislative Affairs Director for Americans for Prosperity, appealed to commissioners Thursday. He said he foresees a long battle, but one that he agrees with in the long run.
"With this muddled language, I think we're probably going to see go right back to where we were four years ago."
All for Transportation made it to the ballot once before, but a lawsuit waged by Commissioner Stacy White ended the tax.
Many against the return of the ballot measure are also asking what happened to the money from the first go around. That money was collected after voters approved the referendum and halted once legal woes ensued.
"It's now sitting with the Department of Revenue waiting for the legislative committee to make a decision based on Judge Barbas' ruling to decide what to do as it related to transportation in Hillsborough County," said Commission Chairperson Kimberly Overman.
Once an appeal is officially filed, it will put a stay on the order from earlier this week. Even without a stay, the referendum will remain on the ballot for the general election. How any votes on it will be recorded remains in question.
