Golden Sues Satcher Over Decision Not to Hold D-5 School Board Election

BRADENTON — Former Manatee County School Board member James Golden has filed a lawsuit against Manatee County Supervisor of Elections James Satcher's office over the SOE's decision not to hold an election for the District 5 Manatee School Board seat that Richard Tatem is relinquishing.

Golden had intended to run for the seat, as did Nancy Sanders, who filed a pro se affidavit in response to Golden's lawsuit, stating that she, too, was denied the opportunity to complete her official qualification for that seat. 

Tatem is resigning to run for the Florida House seat that has been vacated by Tommy Gregory, the incoming president of the State College of Florida. Tatem tendered his resignation on May 31, but noted an effective date of Nov. 5. Some felt that Tatem's timing was deliberate to allow Gov. DeSantis to appoint a Republican for the remainder of the term rather than allowing voters to choose their representative on the non-partisan board.

Article 4 Section 1(f) of the Florida Constitution requires that if there is more than 28 months left in an officeholder’s term, an election be held, and if there is less than 28 months, the governor appoints the replacement. Florida also has a "resign to run" law, which mandates that an officeholder must resign from that office to seek a different one. 

In 2006, the Florida Supreme Court issued an opinion stating that the "remainder of the term" should be calculated from the date the resignation is issued, not its effective date. Satcher's office referenced an opinion it sought from Tampa-based law firm GrayRobinson, which argued that a 2021 change to the resign to run law specified that it should be calculated from the effective date, rendering the 2006 opinion moot.

However, the League of Women Voters of Manatee County has pointed out that because the provision's basis is enshrined in our constitution, it can only be modified via a constitutional amendment and not by amending a statute. 

Until recently, Satcher was Manatee County's District 1 Commissioner. However, when Manatee County Supervisor of Elections Mike Bennett announced his retirement, Gov. Ron DeSantis appointed the first-term commissioner to the post, despite Bennett recommending his chief of staff and deputy supervisor, Scott Farrington.

Farrington and Satcher will square off in the Republican Primary. There are no other candidates on the ballot. However, despite Florida's open primary law, the primary will be closed to Republican voters because of the write-in loophole.