Judge dismisses lawsuit filed against Manatee County Supervisor of Elections

A lawsuit filed against Manatee County Supervisor of Elections James Satcher that challenged his decision to not place a school board seat on the primary election ballot has been dismissed.

The lawsuit — filed by former School Board of Manatee Chairman James Golden — argues Satcher erred in his decision not to place the District 5 seat that will be vacated by school board member Richard Tatem in November on the election ballot. Instead, the seat will be filled by an appointment made by Florida Gov. Ron DeSantis.

Circuit Court Judge Ryan Felix supported Satcher's reasoning and ruled the lawsuit failed to state a clear claim for relief. Like Satcher, who was appointed to office by DeSantis this year , Felix was also appointed to office by DeSantis in October 2023.

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Golden told the Herald-Tribune the decision will be appealed in higher court.

"I am disappointed, but certainly not surprised," Golden said. "This issue of election integrity is greater than me, and it is certainly more important than whether I sit on the school board or not. What is important is that the people have an opportunity to have their voices heard. I believe that the election's supervisor and this circuit court judge are in the wrong side of this particular issue."

Tatem tendered his resignation from the school board in May, indicating it will be effective in November, to comply with Florida's resign-to-run law for his bid for the District 72 seat on the Florida House of Representatives.

Golden argued that because Tatem submitted his resignation in May the school board seat should be filled by election, rather than gubernatorial appointment, because it was tendered more than 28 months before his term ended. He cites a previous Supreme Court ruling that indicates an officer's resignation should be calculated from the time it was tendered.

Satcher argues that the seat should be filled by gubernatorial appointment because the resignation becomes effective in November, less than 28 months before the term's end. He indicates Florida's resign-to-run law has been amended since the Supreme Court's ruling to indicate resignations should be calculated from the effective date.

Felix agreed with Satcher in last week's decision.

"Petitioner cites the Florida Supreme Court's finding... that the submission date of an officer's resignation letter rather than the effective date of the resignation determines when an office becomes vacant," Felix wrote. "However, (the law) was amended after that opinion... and thus petitioner's reliance on it is unfounded."

This article originally appeared on Sarasota Herald-Tribune: Judge dismisses lawsuit filed against Manatee County Supervisor of Elections