Photo: James Golden.

A lawsuit in Manatee County could put one more School Board race on the ballot this year. Former School Board member James Golden in a legal complaint raises interesting questions about execution of Florida’s resign-to-run rules, even if his legal argument feels like a longshot.

Still, the suit if nothing else turns a critical spotlight on Golden’s one-time political nemesis, Manatee School Board member Rich Tatem. The schadenfreude may justify Golden’s legal fees alone.

Tatem in 2022 successfully unseated Golden from his School Board seat. The conservative activist won a three-way race that year, his 50% of a vote crushing Golden’s underwhelming 33% support in a three-way race. 

But in April, Tatem announced he would run for state House in District 72. Before qualifying for the ballot, Florida’s resign-to-run law required he quit his School Board job less than halfway through his term, whether he wins or not.

Now, Golden wants voters to decide who serves out Tatem’s term. The law requires a special election if a School Board member leaves office with more than 28 months before the end of their term.

But in a widely misunderstood aspect of Florida’s resign-to-run law, resignations to run for another office don’t require posts be vacated until politicians would theoretically be sworn into their new jobs. Thus, Tatem informed the state he will pack up his school district office in November, around 24 months from the end of his term. That means his successor will be appointed by Gov. Ron DeSantis, a Republican ally who endorsed Tatem’s candidacy in 2022.

Golden argues that violates the spirit, if not the letter, of Florida’s resignation requirement. He sued Manatee County Supervisor of Election James Satcher, himself a DeSantis appointee after a well-timed retirement by former Supervisor Mike Bennett, to a special election. While Satcher never called one, Golden submitted paperwork during same qualification period as School Board seats scheduled for election this cycle.

To be fair, Satcher appears to be following Florida law. He said a new law passed by the Legislature makes it more clear no election should be called. A circuit court judge agreed, dismissing Golden’s lawsuit in Manatee County.

Golden appealed that ruling. Regardless of statute, his attorneys argue the state’s constitution compels that Tatem’s successor be chosen by voters.

From a practical perspective, it’s difficult to imagine an election taking place this cycle. Manatee’s other School Board races appear on the Aug. 20 ballot. While the Second District Court of Appeal expedited the case, it appears impossible for judges to rule before August. Also, Golden’s pursued remedy may require tossing state law as unconstitutional, likely requiring the Florida Supreme Court to have final say. 

Of course, that doesn’t stop a Special Election at a different time. Elected officials resign, face suspension or die at politically inconvenient moments. That doesn’t mean the public should remain unserved for extended periods.

But Golden’s argument raises counter concerns as well. While Tatem announced his plans in April, do the most ardent good government people believe he should quit now.

I, for one, never judge politicians too harshly for seeking higher office before their terms end. Political career tacitly list ambition as a job requirement. And no one predicted District 72 would become an open seat; state Rep. Tommy Gregory would have sought re-election if State College of Florida didn’t hire his as president in April.

But it’s a legitimate criticism when candidates seek public office only as a stepping stone. Indeed, the other four candidates for Gregory’s seat would be foolish not to drag Tatem for his lack of commitment to his School Board duties.

Whether Golden gets the chance this year to run for School Board, he can at least relish the chance to fuel those attacks against the man who forced him from office four years ago.

Jacob Ogles is Contributing Senior Editor for SRQ MEDIA.

Photo: James Golden.