The Escambia County Commission voted 4-1 Wednesday to adopt an ordinance placing a referendum on whether the Superintendent of Schools should be an elected position on the August 18 Statewide Primary Election ballot—brushing aside public opposition and an unanswered Attorney General’s opinion request to follow the Escambia County School Board’s wishes.
Commissioner Lumon May cast the lone dissenting vote.
Public Pushback
Three speakers urged the commission to either reject the ordinance or move the referendum to the November general election, arguing that placing it on the primary ballot would suppress voter turnout and yield a less representative outcome.
Lily Eubanks, a retired teacher with more than 30 years of experience, reminded commissioners that Escambia County voters chose an appointed superintendent system in 2018—joining what she called 99% of the nation. She argued the system never received a fair trial, given that superintendents had to navigate COVID, post-COVID recovery and years of book-banning controversies.
- “It is well known that turnout in midterm primaries is very low compared to the general election, especially in closed primaries like Florida,” Eubanks said. “Many voters don’t bother to vote in primaries because they don’t believe there is anything for them to vote on.”
Craig Jones presented demographic data to make the case that a primary placement would structurally disadvantage minority voters and younger parents. He pointed out that in Escambia County’s 2024 primary, independents made up just 5% of voters—a figure that quadrupled to 19.3% in the general election. African-American participation grew from 12.9% in the primary to 16.8% in the general. Hispanic turnout rose from 3.4% to 5%, and Asian participation also increased.
- “Put a referendum in a primary and Escambia’s minority voters lose thousands of voices at the ballot box,” Jones said.
Jones also noted that Escambia has faced the superintendent question six times in more than 50 years, with voters choosing to keep the position elected five times. The 2018 change to an appointed system passed by less than 1%.
- “Decisions made by smaller, less representative electorates do not stick,” Jones said. “They invite re-litigation.”
Derek Scott was blunt. “This isn’t about just where to place a referendum. It’s about who gets to decide the future of public education here in Escambia County.”
- Scott called the choice of ballot placement an ethical question, not merely a procedural one, and urged the commission to vote the ordinance down and return it to the school board to be workshopped for the general election.
Attorney General M.I.A.
County Attorney Alison Rogers told the board that the commission had previously sent the school board’s request back for reconsideration. The school board returned it with a specific request that it be placed on the primary ballot. The commission had also voted to seek an Attorney General’s opinion on whether it had authority to move the referendum to the general election—a request submitted around October. As of Wednesday, no opinion had been received.
- Rogers said she had specifically informed the AG’s office that the end of March was effectively a deadline—and that the office said it would do its best but provided no further communication.
Her legal advice to the board: without an AG opinion, follow the school board’s request.
Commissioner May pushed back, questioning whether the commission truly had no discretion. “Why would the legislature say send it here if we have no authority? You’re saying we have responsibility with no authority? That’s not democracy.”
- Elections Supervisor Robert Bender, who attended to answer questions about timelines and process, confirmed that the 2024 primary saw roughly 25% voter turnout compared to 61% in the 2018 general election—the last time Escambia had an open gubernatorial race on the ballot.
The Vote
Commissioner Steven Barry moved to adopt the ordinance, saying he had told the school board’s District 5 representative a year ago that he would respect the actions of the school board as an elected body.
- “We did ask them to take a second look at it,” Barry said. “It came back to us again in this way. We have plenty of our own affairs to tend to.”
Commissioner Mike Kohler acknowledged he supported an appointed superintendent but said he believed the school board, as an elected body, had the right to make the call. He also noted concerns about potential litigation if the commission defied the school board’s request.
Commissioner May remained the sole voice of dissent. “Regardless, I think that if there’s ever an opportunity to give every person the chance to vote, we should give it at the chance that allows for the most people to come out. Statistically, historically, more people come out in a general election than a primary election.”
- The motion passed 4-1, with May voting no. The superintendent referendum will now appear on the August 18 primary ballot.