Alvin Moore. Eatonville vice mayor or candidate for Orange County Commission District 2, which title can he use?

A judge will answer that question in a few days, as Moore’s candidacy is being question because he nor any other candidate, can hold one office while running for another one.

News 13 looks at questions surrounding Moore’s resignation, or lack thereof, in a timely manner with Orange County Supervisor of Elections, Bill Cowles.

The Florida Primaries are quickly approaching and the rules for candidates, such as Eatonville’s Alvin Moore, are clearly spelled out in Florida statue.

"If you’re already elected, you must resign before you can qualify to run for another elected position,” explains Orange County Supervisor of Elections, Bill Cowles.

Cowles says Moore was re-elected in March, as a city council member in Eatonville. But now Moore’s name can be found on the August 2014 ballot as a candidate for Orange County Commission District 2’s seat. This candidacy is being contested in a lawsuit filed by Eatonville resident Michael Johnson. At question is whether Moore resigned by the deadline.

That resignation had to be received by the town clerk and governor’s office 10 days before qualifying. Cowles adds, “We did receive a letter from him. And, it’s clock stamped in June 3, which was three days before the deadline.”

Cowles says it is not uncommon for elected officials to resign in order to run for another office. That’s why we sometimes have special elections. However, Cowles says this case is unique.

“This is the first one that we’ve ... I’ve, ever experienced that went through the court process,” continues Cowles.

The judge in this case is expected to make a decision August 1. Cowles says if the judge orders Moore is not eligible to run for Orange County Commissioner, voters will have to be notified because ballots have already been printed.

News 13 did reach out to the plaintiff Michael Johnson as well as Alvin Moore. So far, neither have gotten back to us.