OCALA, Fla. (WCJB) -- UPDATE 5 p.m.:
He won the election but he may not actually get sworn in.
More than 30 years ago, runoff election winner - Tyrone Oliver faced multiple drug charges, which may now keep him from joining the Ocala City Council.
The 63-year-old pastor is facing backlash after his history with drugs has come out. The state constitution says felons may not serve elected office.
The controversy started this week when several Facebook users posted about the councilman-elect, Tyrone Oliver's background.
Sue Mosely, was one of these users.
She told TV20, "I believe everyone deserves a second chance. However, the law is the law regarding convicted felons holding elected offices."
The Ocala City Attorney, Patrick Gilligan is investigating legal documents related to this matter.
In a press release, Gilligan states, "Because this has the potential to affect many people on personal and professional levels, careful consideration must be given."
City leaders also said that background checks are not a part of qualifying a candidate for city council.
It's up to the candidates to make sure that they meet all of the eligibility requirements.
63-year-old Tyrone Oliver won a runoff election for Ocala's District 2 seat a week ago, but court records show he is a felon who cannot serve as an elected official according to the state constitution.
City council member Matt Wardell tells us an investigation by city leaders confirmed Oliver has not yet given clemency by the state, and will not be seated next Tuesday when he was supposed to be sworn in.
The Council will decide how to fill the seat at that time.