Lawsuit filed against County Commission Chair Marihelen Wheeler over residency claims

A lawsuit has been filed against the chairwoman of the Alachua County Commission due to questions surrounding her residency, court records show.

The suit, filed last week in court, contests Marihelen Wheeler's decisive Democratic primary victory over Charlie Jackson, where the former school teacher earned nearly 73% of the popular vote. She is now set to face off against former Gainesville Mayor Ed Braddy, a Republican, in the November election.

In May, the Gainesville Sun exclusively reported inconsistencies with Wheeler's residency claims due to a homesteaded property she owns with her husband outside her district. Under Florida law, elected county commissioners must live within the district they represent at the time of election.

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Days later, the newspaper also reported former District 1 commissioner Mary Alford's inconsistent residency claims based on public records, which ultimately led to her resignation and the appointment of Raemi Eagle-Glenn to the seat. Both will face off in the general election.

Wheeler, 70, and Alford also were later hit with bills for a combined $16,000 for back taxes and penalties.

Wheeler said Monday that she has yet to receive a summons or see the complaint filed against her.

"This is just a nuisance," she said. "It's just going to be costly."

Eugene Garvin Sr., also a local Democrat in Alachua County, is listed as the plaintiff in the lawsuit. Garvin is also listed as the vice chair of Manhood Youth Development, a local nonprofit founded by Wheeler's primary opponent, Jackson.

Garvin is representing himself and could not be reached for comment Monday.

"At the time of the August 23, 2022 primary election, the defendant, Marihelen H. Wheeler, did not reside in District 2 and therefore ineligible and cannot be considered the winner of the August 23, 2022 primary election for the Alachua County Commission  District 2 seat," the lawsuit states.

The filing itself, however, lacks detail and fails to provide any evidence to support the claims that Wheeler doesn't live where she says.

In May, Wheeler told The Sun that she splits time between two homes, one of which she co-owns with her son inside District 2. She said the utility bill there is also in her name, as is her voter registration and driver's license.

But for years, Wheeler claimed a homestead exemption — a tax break for a home that requires majority residency throughout the year — with her husband outside the district. She said she was unsure why she was still listed on the property and corrected the issue prior to her primary race against Jackson — but not before her 2018 victory.

Wheeler said Monday she has hired Gainesville attorney Rod Smith to handle her case but is currently waiting for more information before moving forward.

"I've notified legal counsel to respond as needed," she said.

This article originally appeared on The Gainesville Sun: Alachua County Chairwoman Marihelen Wheeled sued over residency