Judge dismisses lawsuit against Manatee Supervisor of Elections over School Board seat

A Manatee County judge dismissed a lawsuit on Wednesday that challenged the elections supervisor’s decision not to hold an election for a school board seat. Former School Board Member Rev. James T. Golden sued Supervisor of Elections James Satcher in June after being denied the opportunity to run for the District 5 School Board seat. Golden argued that the seat became vacant when School Board Member Richard Tatem submitted his resignation in May to run for the District 72 Florida House seat.

“Petitioner believes the vacancy occurred when Mr. Tatum tendered his resignation to the governor,” wrote Judge D. Ryan Felix. “However, just because petitioner says it to be so, does not make it so.” Felix ruled that the District 5 School Board seat will not be considered vacant until Tatem steps down in November, preventing Golden and other candidates from appearing on the general election ballot. The court ruling also supported Satcher’s argument that Golden’s lawsuit relied on an outdated legal opinion. Felix noted that Golden’s reliance on that opinion was “unfounded.”

Golden expressed his intention to appeal Felix’s ruling. “I am disappointed, but not surprised,” Golden said. “What I am happy about is that we now have an opportunity to have a decision made at the appellate level that will transcend the jurisdiction of Manatee County for the kinds of actions that this supervisor has taken, the kinds of actions that we want to prevent all over the state of Florida.”

The Florida Constitution mandates that counties must hold an election if there are more than 28 months left in an officeholder’s term. It also requires the governor to appoint a replacement if there are less than 28 months left in their term.

Satcher previously argued that the resign-to-run law states that an office is considered vacant when the officeholder’s resignation takes effect. “It’s clear that Mr. Golden’s suit and interpretation of the law was so incorrect that the court summarized the legal claim by saying ‘just because petitioner says it to be so, does not make it so,’” Satcher said in a statement. “We are committed to following the law and maintaining the integrity of our elections regardless of pressure from special interests or candidates.” Satcher’s decision to allow Gov. Ron DeSantis to choose who will fill the District 5 School Board seat has also drawn criticism from local political groups.

“The League of Women Voters envisions a democracy where citizens have the right and ability to determine who represents them on governing bodies,” the organization said in a statement. DeSantis’ appointment is expected to be announced at a later date, likely after Tatem steps down in November.