McGraw files suit against DeSantis


Former School Board Member Diyonne McGraw has filed a Petition of Quo Warranto against Governor Ron DeSantis in the Eighth Judicial Court, arguing that DeSantis did not have the power to declare her seat vacant.

The petition, filed by McGraw’s attorney, Richard Keith Alan II, argues that the governor’s executive order declaring McGraw’s seat vacant violated the separation of powers doctrine, stating that the legal issue of whether McGraw is still a school board member is reserved for judicial determination. The petition goes on to say that “Governor DeSantis has acted in reckless regard” for a prior opinion on the issue. “Accordingly, the Governor’s improper exercise (abuse) of executive power must be checked.”

The petition seeks a writ of quo warranto directing the governor to explain by what authority he issued the executive order, a determination that the order is an improper exercise of the governor’s power, and a declaration that the executive order is void. It also argues that even if the executive order was properly issued, it does not remove McGraw from office. The petition claims that “The Governor’s appointee would be required to file and prevail on a petition for writ of quo warranto in court before Mrs. McGraw could be removed from the District 2 Alachua County School Board seat.”

The school board has two meetings today, a Workshop at 1:00 p.m. and a Special Meeting at 6 p.m. Social media posts indicate that McGraw plans to attend and to attempt to vote.

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Update at 1:40 p.m.: McGraw is not in her seat at the Workshop.

You can read the filing here.