A Leon County Circuit Court Judge says a School Board election winner should be allowed to take his seat — despite Gov. Ron DeSantis' executive order that kept Rod Velez from the dais.
The administration has 40 days to argue otherwise, according to writs of quo warranto issued by Circuit Court Judge John Cooper. A Governor's spokesman dismissed the significance of the order, however.
Velez was elected to serve on the Broward County School Board in 2022, but his election was clouded by a 1995 felony conviction. Cooper's filing could have implications for others awaiting the restoration of their voting rights under Amendment 4, he and his lawyers say.
Velez had not formally had his right to run for office restored after his 28-year-old conviction, but the Broward State Attorney announced after the election that Velez would not be prosecuted for swearing that he was eligible when he filed for election to the Broward County School Board.
Velez was due to be sworn in on Dec. 22, 2022, days after the State Attorney's ruling. That same day, DeSantis issued an executive order, saying the seat was vacant. DeSantis appointed Dan Foganholi, a Broward County Republican, who had previously been appointed to the School Board, in Velez's place.
Velez filed suit, asking for declaratory relief. Cooper's writ says that, unless the administration can prove otherwise, Velez has shown cause for relief from the Governor's order. The burden of arguing otherwise is on the administration, the filing shows.
"The Court was persuaded that the Governor's executive order that declared a vacancy in Rod's office and the Governor's appointment of Mr. Foganholi may both have been illegal," Velez's lawyer, Marc Burton, wrote in an email. "The Governor and Mr. Foganholi have been ordered to either grant Rod the relief he is seeking in the lawsuit or attempt to defend their actions."
The Governor's Office called Cooper's court filing "a typical procedural action in this type of case" and said the administration response will be in a subsequent court filing. Foghanoli did not immediately return a call seeking comment.
Velez said he's won a victory for all who served their time for a conviction to have their right to hold office restored under the amendment voters approved in 2018. Velez's case highlighted the confusion around what civil rights Amendment 4 gives those convicted of felonies, his advocates had argued.
"Judge Cooper's order provides hope that all returning citizens whose voting rights were restored by the 2018 Voting Restoration Amendment will be able to freely run for and hold office in the State of Florida, without fear that the Governor will prevent them from taking office through executive orders that undermine the will of the voters," Velez said in a prepared statement.
"I am optimistic that the Court will enter a final order on my petition in the next few months."
Velez was convicted of aggravated battery in 1995, completed his sentence and had his voting rights restored subsequently. The case he filed argued that Amendment 4 also restores Velez's right to hold office. DeSantis' order doesn't mention whether Velez is eligible or not, but his staff confirmed that Velez was ineligible in the Governor's view.
"As a convicted felon whose civil rights have not been restored, Velez could not qualify and does not qualify for the School Board," Spokesman Bryan Griffin wrote in a December 2022 email.
Foganholi's appointment on Dec. 22 represented the Coral Spring City Commission candidate's second stint on the turmoil-racked Broward County School Board.
While on the Board, Foganholi joined in voting with four other DeSantis appointees to the Board in one of the most Democratic counties in the state. Those four appointees came to the Board after a grand jury report in the wake of the Parkland school shooting that left 17 dead.
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