McGraw’s lawsuit against Governor DeSantis fails; judge rules that the governor was authorized to declare a vacancy for her seat


A lawsuit filed by former School Board Member Diyonne McGraw against Governor Ron DeSantis, asking a judge to decide whether the governor’s declaration of a vacancy in her seat was an unconstitutional abuse of executive power, was closed today when Judge Monica Brasington denied McGraw’s petition.

Brasington found that Florida Statutes direct the governor to issue an executive order (as he did with Executive Order 21-147) declaring a vacancy when he has reason to believe there is a vacancy in an elective office. She also found that according to Florida Statutes, a vacancy occurs “upon the officer’s failure to maintain residence required of him or her by law” and that “residency is a central and fundamental requirement that must be met for any individual to lawfully serve on a school board.” Brasington further found that the evidence that McGraw had not met the residence requirement is “indisputable” and “uncontroverted.”

Brasington goes on to write that the governor’s Executive Order was not only authorized but “necessary to begin the process of filling the office with a qualified resident.” She concludes that “The Governor’s declaration that there was a vacancy of the Alachua County School Board District 2 seat was neither an unconstitutional abuse of executive power nor an improper encroachment on the powers reserved to the judiciary.”

The order, which can be read here, closes the case.

  • If anything, the seat should have gone to the other candidate. Nobody voted for the person who sits on the board, now!

    • Ms. Banko ran for district 2. I believe she moved out of Alachua county. It would have been unlawful for her to take the seat.

  • Maybe this will be a wake-up call for her to try to start following rules and accepting responsibility for her actions. I don’t really believe that, but maybe.

  • She never really had much of a chance. This was all just a vehicle to get the money that fools donated to her legal defense fund transferred to her Miami attorney. Worked as planned.

  • Wonder how long before she flips the race card…again.

  • I don’t doubt any of these comments, but personally, I still don’t approve of the person who was appointed without Alachua County residents approval.

    • The rules were followed, as far as that appointment went. And, thankfully, Ron DeSantis was elected governor, and could fill the spot with a very measured, reasonable, thoughtful and intelligent grandmother who’s looking out for all the kids in Alachua County schools as if they were her own grandkids. She sincerely wants what’s best for them.

      • As a State of Florida retired teacher, whose only grandchild is a student in Alachua County Schools, I am entitled to my opinion!

        • You are. Hopefully you won’t be canceled for speaking it as many conservatives have.

        • You are. Everyone is entitled to their opinion, and sharing it is good. We can all learn from hearing each other out. Listening is becoming a lost art. People are afraid to speak these days. I’m glad you shared what you did, and I felt like I should defend Mildred, who is a very wise and decent woman with only good intentions.

    • Many Alachua County residents didn’t approve of the appointment of the last superintendent either.
      In all fairness, if Ms. McGraw would have had any character she would have resigned the position once she discovered she was not eligible to hold the seat.

      It’s unfortunate the division that was caused by Ms. McGraw’s inability to admit she was wrong.

  • She should have never even got as far as she did. Whose job is it to look up where these candidates live before they can even apply for the process? She should also have to pay DeSantis attorney fees or whatever fees were associated with the whole mess.She was wrong to start with.

  • That’s a very fancy face mask Diyonne is wearing…she
    Made the children suffer with child abuse with their unconstitutional
    Mask mandates…that fancy purple sequins mask is
    A political statement…only hypochondriacs, fascists,
    American Marxists, social justice idiots, antifa, communists, global authoritarian/totalitarian types, & criminals who don’t want to be identified still wear them.

  • Only a person of low intelligence would file this type of lawsuit! Get some education girrrrrrrrrl and maybe come back to the table. Pay all court cost on your way out!

    • She should have to pay all the legal costs for filing a frivolous lawsuit & then losing… that would teach her a lesson.

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