McGraw files motion to dismiss Banko’s lawsuit


Former School Board Member Diyonne McGraw’s attorneys filed a motion late Friday night asking Judge Donna Keim to dismiss the lawsuit filed against her by Khanh-Lien Banko and other plaintiffs. As a result of the statements made by the judge in her denial of an emergency injunction in the case, Governor DeSantis declared the seat vacant on June 17. The governor will now appoint a replacement to serve out the remainder of McGraw’s term.

Banko’s attorney, Jeff Childers, filed an amended complaint asking Judge Keim to declare that McGraw is not a member of the school board and that every vote she has taken since the election is “ultra vires,” or invalid. At the time the amended complaint was filed, it appeared that McGraw might continue to vote as a school board member in defiance of the governor’s order, but she has not done so.

The motion to dismiss argues that the court lacks jurisdiction because there are limits to the ability of a candidate (Banko, in this case) to contest an election. However, Banko has not contested the election but instead asked the judge to declare the seat vacant. McGraw’s dismissal motion acknowledges that she does not live in District 2: “for the purpose of this motion, Plaintiffs’ allegations that Mrs. McGraw was not, is not, and never was qualified to serve as the District 2 representative on Alachua County’s School Board due to the applicable residency requirements are accepted as true.”

The governor’s removal of McGraw was partially based on the fact that McGraw did not present evidence that she did, in fact, live in the district and a provision in the Florida Constitution stating that “a vacancy in office shall occur upon an officer’s failure to maintain the residence required of him or her by law”.

McGraw has also sued the governor. That case has not yet been heard by a judge.

  • “I do, I don’t.” Can’t she make up her mind? Sounds like a child don’t you think? I didn’t do it. They did it. I dunno. Somebody else must have done it.

    Almost forgot, she wants to pick the laws that should apply to her. Typical liberal. Why hasn’t county and city leadership spoken up yet? More examples of typical liberalism.

    My guess is if she gets the court to dismiss the lawsuit she will once again proclaim, “I do!”

  • She didn’t live in the district and stole that seat! Her
    Votes are “ultra vires”! She’s knew or should have known! Ignorance is no excuse for the law..
    They need to charge her criminally with racketeering
    For her criminal enterprise. There’s got to be a felony or
    Misdemeanor for fraud..maybe they want to let her go
    For EQUITY….you know, “ so she can sorta build back
    Better”…they should lock her up like they did Corrine Brown…justice is supposed to be color blind. She’s wearing the mask because she’s a criminal, not to
    Protect you. The system is supposed to punish bad
    Behavior….where’s the SA office?

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