Former Manatee County School Board member files lawsuit over 2024 election ballot
Manatee County Supervisor of Elections James Satcher is facing a lawsuit for not putting a school board seat on the November ballot, court records show.
In a recent court filing, former School Board member Rev. James Golden said Satcher did not accept his qualifying paperwork for the District 5 School Board seat. Golden argued that his name should be on the ballot because School Board Member Richard Tatem submitted his resignation in May to run for the District 72 Florida House seat.
“Rev. Golden has qualified for the 2024 election for District 5 within the time prescribed by law, or otherwise has done everything he could do to attempt to qualify,” the lawsuit said. “Only the supervisor’s unconstitutional and illegal refusal to accept his qualifying paperwork has prevented Rev. Golden from qualifying for that office.”
When Tatem steps down in November, there will be less than 28 months left in his term.
The Florida Constitution requires counties to hold an election if there are more than 28 months left in an officeholder’s term. It also requires the governor to appoint their replacement if there are less than 28 months left in their term.
Satcher said Gov. Ron DeSantis will decide who will fill the vacant seat after asking “outside counsel” for an interpretation of the law.
“He’s referring back to outdated law,” Satcher told the Bradenton Herald. “The Right-to-Run law has been voted on by the Florida Legislature and signed by Gov. DeSantis and it clarifies what was previously a murky issue. There’s no question about it. The law as it stands today is our calculations should count the effective date of the resignation as to whether or not it goes onto the ballot. I’m duty bound to uphold that law.”
Lawsuit filed over Manatee School Board seat
Golden, who previously served on the School Board from 2018 to 2022, argued that it should be up to the voters to decide who represents them.
“What I hope to come out of this is that the people will have an opportunity to exercise their constitutional right to elect the representative to succeed the incumbent who has decided to file for another office,” Golden told the Bradenton Herald.
Nancy Sanders, another candidate who attempted to run for the District 5 seat on the School Board, also supports Golden’s lawsuit. In a sworn statement, she said Satcher’s office would not allow her to submit paperwork to run for the seat because the office was waiting for an attorney’s opinion.
The lawsuit comes after local political groups criticized Satcher for not holding an election to fill the seat that will become vacant in November.
“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.
Critics said his decision disenfranchised voters.
“The decision of the SOE demonstrates a complete lack of competence,” the Manatee County Democratic Party said in a statement. “There are serious concerns that the SOE is acting unethically, and potentially unlawfully, by not allowing the required special election.”
Golden’s lawsuit asks a Manatee County judge to rule on the issue. It is unclear whether that will happen before the general election in November.
