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Nov 29, 2013 02:37 PM EST

Since the Heisman Trophy was established in 1935, only once has it been vacated, but never re-voted and never handed to someone else, but that could change this year.

Jameis Winston is the current favorite to win the Heisman Trophy, according to SportsBook.com, but that may change by the time voting comes around. Winston may or may not be the subject of a sexual assault investigation and his playing eligibility will be affected depending on what he is charged with, if anything.

William Meggs, Tallahassee's Florida state attorney, is expected to announce his decision on how to proceed in a sexual assault case involving Winston as a suspect. If he is charged with a felony before, during or after voting has commenced, the Heisman Trustees Committee will decide on an action to take.

"We have a longstanding policy not to comment on hypothetical situations," Heisman Trophy coordinator Tim Henning told ESPN Wednesday. "Any discussion of a potential revote would have to be made by the Heisman Trophy trust. At the end of the day, the trust makes all decisions to anything pertaining to the Heisman."

He would not say what the ruling would even be, and for good reason, because Winston may not even be charged with a felony. With anything less than a felony, his eligibility will likely be unaffected, unless Florida State University (FSU) decides otherwise.

Despite several details of the alleged sexual assault trickling out to the media, Heisman voters still favor Winston. Bovada shows his odds to be 10/19 to win the award. Next closest are A.J. McCarron at 5/2 and Andre Williams at 6/1.

All but out of the race is Texas A&M's Johnny Manziel after a dismal game against LSU where he scored one touchdown and accounted for less than 300 yards. The LSU game could have catapulted him to a solid number-two to Winston, but he instead fell flat on the road against a tough defense. Now, it seems as though even a stellar game against Missouri cannot revive Manziel's Heisman repeat hopes.

HeismanPundit.com released an anonymous straw poll of the ten voters for the award. While Winston still held the top spot, but only appeared on six ballots, getting a first place vote from each one. He led in total points with 18, but Williams trailed by just two points.

It is unclear if Winston is becoming unpopular with voters because of the allegations, but it is something his attorney, Tim Jansen is not pleased with. He said he wanted the negative "cloud" lifted off of his client, who is trying to finish off a spectacular college football season for FSU.

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