The Central Debate: Primary vs. General Election
The Escambia County Commission voted 3-2 this week to request an Attorney General’s opinion on its authority to determine which ballot should carry a referendum about electing the school superintendent.
Commissioner Ashlee Hofberger led the charge for maximum voter participation, arguing against the school board’s request to place the referendum on the 2026 primary ballot. “With the primary election, you only get about 23% of the turnout from your voters,” Hofberger said. “I think, as a service to our community, we should consider removing it from the requested ballot to the general 2026 ballot.”
Concerns About Democratic Participation
The timing debate revealed deeper concerns about excluding certain voter groups. Commissioner Lumon May pointed out how the primary timing could disproportionately affect Democratic voters: “Here’s the reality. Unfortunately, I live in a red area, and I’m a Democratic candidate, and we don’t have very many primaries in the Democratic community.”
Hofberger was more direct about the implications: “We’re excluding one-fifth of our community from voting on this. That’s ridiculous.”
Commissioners Reluctant to Override School Board
Despite concerns about voter turnout, several commissioners expressed hesitation about overriding the school board’s wishes. Commissioner Steven Barry said, “I have no interest in litigating with the school board over a ministerial function.”
Chair Mike Kohler agreed. “I think we’re getting into uncharted territory trying to run other boards. And I agree with the statute. If they voted on it to be in the general, I’d be fine with it. They didn’t. They voted for it to be in the primary.”
He added, “I have no interest in litigation. I’m exhausted.”
Litigation Risks
When asked about the likelihood of litigation, County Attorney Alison Rogers said, “Very high, based on the conversation I had with the school board counsel.”
She explained, “I believe that you do have the authority to dictate which ballot, but I am being very honest with each of you that this is something that the school board attorney disagrees with me very strenuously about.”
The legal uncertainty led commissioners to seek an Attorney General’s opinion rather than make an immediate decision. Rogers noted the timeline would be “at least eight to 12 weeks in my experience. And they’ve only given one opinion this entire calendar year so far.”
The Path Forward
The commission’s 3-2 vote to request legal guidance reflected the tension between maximizing democratic participation and maintaining cooperative intergovernmental relationships.
“This is their issue. We’ve got plenty of our own,” Commissioner Barry said. “Whatever goes on in their house, they produce a product, send it to us.”
