Judge ousts school board hopeful for missing resign-to-run deadline
A judge booted Lake County School Board candidate Perry Berkowitz from the Aug. 28 ballot, saying his failure to comply with Florida’s “resign-to-run” law disqualified his candidacy.
Berkowitz, 75, a former school superintendent in New York state, missed a June 8 deadline to resign his elected seat on the North Lake County Hospital District board.
Though he tried to remedy his oversight by faxing an immediate resignation Aug. 10 to Gov. Rick Scott, Circuit Judge Don Briggs ruled Monday the resign-to-run statute was clear and Berkowitz was out because he missed the deadline.
Supervisor of Elections Alan Hays said he will place notices in polling places and voting booths informing voters that ballots cast for Berkowitz won’t be counted.
“There will be no remedy for those ballots already received by the Supervisor’s office,” Hays said in a statement emailed to the Orlando Sentinel.
The state’s “resign-to-run” law prevents elected officials from seeking different elected posts with the assurance they would still have their former positions if they fail in bids for new ones.
Berkowitz was elected in November 2016 without opposition to a four-year term on the North Lake County Hospital District board, which decides how to divvy up revenue from a special tax to help hospitals pay for health care for the poor. His ouster narrows the School Board contest to incumbent Bill Mathias and teacher and Marine veteran Mike Sykes.
Berkowitz couldn’t be reached for comment. Last week, he said of the law, “I’ve never heard of such a thing.”
Political consultant Scott Larson, who filed the complaint, didn’t immediately respond to a call seeking comment.
But Larson, who described himself as an “elections watchdog,” posted the judge’s four-page synopsis and decision on his Facebook page, where he also commented on the ruling.
“If somebody runs for office that is not legitimately qualified to be a candidate it can result in a situation where any losing candidate can contest and force a new and costly special election,” he wrote. “This is why it was so important to ensure that here in Lake County, our elections are fair, honest, and legitimate.”
Larson said it didn’t matter that Berkowitz was unaware of the resign-to-run requirement.
“Ignorance of the law is never a defense against it,” he wrote on Facebook.
Hays said his office has already received more than 5,000 mail-in ballots.
He also noted that Berkowitz’ irrevocable resignation from the hospital board leaves a vacancy that will be filled by an appointment by the governor.