Will Manatee County vote to fill a vacant school board seat? Here’s what the law says

Bradenton Herald | By Victoria Villanueva-Marquez | June 18, 2024

Manatee County voters will not vote to fill a vacant school board seat in November, prompting local political groups to criticize Supervisor of Elections James Satcher.

The controversy comes after School Board Member Richard Tatem announced plans to run for the District 72 Florida House seat. Tatem, who was first elected in 2022, won a four-year term that is set to end in November 2026.

Under Florida law, Tatem was required to announce his resignation in order to pursue the House seat. But because Tatem’s seat will not be considered vacant until November, Gov. Ron DeSantis will make an appointment to fill the position at a later date, according to a legal analysis provided by Satcher.

Tatem’s District 5 School Board seat includes Lakewood Ranch, Myakka City and parts of East Bradenton.

When Tatem resigns from office 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 confirmed that DeSantis will appoint Tatem’s replacement after asking “outside counsel” for an interpretation of the law. He said that according to the law, an office is considered vacant when the officeholder’s resignation goes into effect.

“This office has no leeway to disregard the Resign-to-Run law as amended in 2021 and to place the school board office on the 2024 election ballot,” Satcher said in a statement.

GROUPS CRITICIZE MANATEE ELECTION DECISION

In statements provided to the Bradenton Herald, the League of Women Voters and the Manatee County Democratic Party both condemned Satcher’s interpretation of the law.

In a May 7 letter, the League of Women Voters asked Satcher to put the special election on the ballot because of Tatem’s pending resignation. The elections office received Tatem’s resignation letter on May 30.

The League of Women Voters pointed out that a Supreme Court opinion determined that the remainder of an officeholder’s term should be calculated from the date they turn in their resignation letter.

“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.

The Manatee County Democratic Party urged Satcher to “immediately rectify the disenfranchisement” of District 5 voters.

Despite his decision, political groups have continued to call on Satcher to let voters decide who should fill the open seat.

“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.”