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Plantiffs drop part of their lawsuit against Diyonne McGraw

Updated: Jun. 21, 2021 at 11:59 PM EDT
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GAINESVILLE, Fla. (WCJB) -The Plaintiffs are requesting a voluntary dismissal of some counts in the lawsuit against former Alachua County School Board Member Diyonne Mcgraw following Gov. Ron Desantis’ decision to vacate the seat.

Count one of the lawsuit will be dropped, it requested for the District 2 seat to be vacated. On Thursday, Desantis declared the seat vacant and announced his plan to fill it. The Plaintiffs now consider count one to be moot. They are also dropping all counts against Alachua County Supervisor of Elections Kim Barton.

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The lawsuit, which is being argued by Childers LLC, will still ask for McGraw’s previous votes to be vacated. She was elected in 2020 to represent District 2, but she lives outside the district borders according to the Supervisor of Elections Office. One of the Plaintiffs in the case is Khan-Lean Banko, who ran against McGraw last year.

The Governor announced the seat was vacated last week after the judge ruled on an injunction in the case. The Plaintiffs filed an injunction to prevent Mcgraw from voting in upcoming meetings. The judge ruled against the injunction but did find a high likelihood the case would succeed on the merits. This prompted Desantis to take action.

Tuesday, the Alachua County School Board will hold their first meeting since McGraw was removed. She was often a deciding vote in major decisions by the board.

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