Motion filed for emergency injunction to prevent McGraw from voting


Update: the hearing on the motion for an emergency injunction will be 11:30 a.m. Monday, June 14.

Jeff Childers, attorney for former school board candidate Khanh-Lien Banko and three other Alachua County residents who are suing School Board Member Diyonne McGraw, the Election Canvassing Board, and the Supervisor of Elections, has filed an emergency motion for injunctive relief in the Circuit Court of the Eighth Judicial Circuit.

The motion requests that the Court temporarily enjoin McGraw from casting any more votes as a member of the School board and from attending any more meetings as a School Board member until an evidentiary hearing on a permanent injunction can be heard. “Emergency relief is needed because Defendant McGraw continues to improperly occupy the District 2 seat and vote as if she were legally a member.” The motion states that Superintendent Carlee Simon’s reorganization plan is “the largest, most sweeping and radical reorganization of the Alachua County School District possibly in Alachua County history” and that McGraw should not be permitted to vote on it while the lawsuit is pending. A vote on the strategic plan is scheduled for Tuesday, June 15.

The motion requests this injunctive relief because the voters and taxpayers of Alachua County are being “irreparably harmed because Defendant McGraw is improperly occupying the District 2 School Board seat.” It further states that the relief serves the public interest because it gives “force and effect” to the requirements for holding the seat. The motion requests this emergency injunctive relief before the School Board meeting on June 15.

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