PALM BEACH COUNTY, Fla. — The arrest of Palm Beach County Clerk of Court Michael Caruso has left his office under new leadership and raised questions about whether his name will remain on the November ballot.
WATCH BELOW: Arrested Palm Beach County clerk's name may stay on November ballot
According to the arrest warrant and affidavit filed in Orange County Circuit Court, Caruso, 67, faces charges of kidnapping, lewd or lascivious molestation, lewd or lascivious exhibition, luring or enticing a child and child abuse causing mental injury.
The governor issued an executive order removing Caruso from office and barring him from performing any official duty or function until further notice.
What happens to Caruso’s name on the ballot?
Caruso was unopposed as the Republican candidate in Tuesday’s primary and is scheduled to face Democrat Yvette Drucker in the November general election.
But it remains unclear what will happen to Caruso’s candidacy following his arrest and removal from office.
The Palm Beach County Supervisor of Elections told WPTV it is awaiting guidance from the governor’s office and the Florida Division of Elections.
Palm Beach County
Palm Beach Co. clerk of court arrested on child sex charges
University of Florida political science professor Shannon Austin said the situation is unusual and largely unprecedented.
"There hasn't been [precedent], not just in Florida," said Austin. "It's really difficult when you think about someone whose name is on the ballot if it's even possible to remove that person's name. "If that person wins, Florida is saying that even if he does win, he can't serve here in our State, so it's it's very uncommon and it's very tragic that something like this would happen."
Austin also said Caruso could potentially remain eligible to run because the governor’s executive order suspending him from office does not specifically bar him from running for election.
Caruso also has not been convicted of a crime.
"I read through the Executive Order, and I didn't see anything in there that said that he could not run for office," said Austin, "So I would assume that means that there's no way they can prohibit him from running. But there is — it's made very clear in the Florida Constitution — he won't be able to hold office even if he wins if he's indeed convicted."
Austin said Caruso would have to remove his own name from the ballot. As of Tuesday afternoon, Palm Beach County Supervisor of Elections Wendy Sartory Link said Caruso had not done so.
Could Republicans replace him?
If Caruso’s candidacy is ultimately removed or otherwise creates a vacancy in the Republican nomination, Austin said there could potentially be an opportunity for a write-in candidate to be able to place his or her name on the ballot to run.
"And I would suspect that the Republican Party — the person who is the replacement candidate— is probably someone that [The Republican Party] already talked to to see if that person would be willing to run. And even if not, I'm sure they have a candidate or will have one by then that will run, and that person can then put his or her name on the ballot as a write-in candidate, and that person will be able to to compete," said Austin.
Palm Beach County
Ramsey-Chessman sworn in as interim after Palm Beach County clerk's arrest
However, experts said that is all dependent on whether it's too late to add a write-in candidate to the ballot.
For now, however, there is no final answer on whether Caruso will remain on the November ballot or whether Republicans will need to designate a replacement.
Caruso's Interim Replacement
Shannon Ramsey-Chessman was sworn in Tuesday as the interim clerk. A separate administrative order from the chief judge appointed Ramsey-Chessman to serve in Caruso’s place.
Ramsey-Chessman has more than five years of experience in multiple positions within the clerk’s office.
County Administrator Joseph Abruzzo said in a statement that he has “complete confidence” in Ramsey-Chessman, calling her “an exceptionally capable public servant.”
WPTV has reached out to the Palm Beach County Republican Party, the Florida Division of Elections and the governor’s office for clarification on the November election and is awaiting responses.