DeSantis Exploits Judge’s Retirement to Cancel Election and Stack Brevard Court

In a brazen power grab, Gov. Ron DeSantis is using a judge’s retirement timing to cancel an election in Brevard County and install a preferred judicial appointee. Judge Benjamin Garagozlo announced his retirement effective December 31, just days before his term would officially end on January 5, 2027. This seemingly minor gap has triggered state law allowing the governor to appoint a replacement who will serve until 2028—effectively sidelining the voters.

The move came just before the candidate qualifying period, blindsiding those who had spent months campaigning for the seat. Margaret Wagner, one of the candidates, has filed a lawsuit against DeSantis, Secretary of State Cord Byrd, and Brevard’s Supervisor of Elections Tim Bobanic. The suit alleges that the governor’s office mischaracterized Garagozlo’s retirement as a resignation to manufacture a “constitutional vacancy” and cancel the election outright.

Attorney Jessica Travis, representing Wagner, accuses DeSantis of orchestrating a statewide effort to collect early retirement and resignation letters from judges, creating openings ripe for political appointments. “It has the appearance of trying to stack the courts with his choices as much as possible and taking those choices away from voters who might have different picks,” Travis said.

The court spokesperson insists that judges retiring at year-end is routine and has never before canceled elections. But the lawsuit reveals that the governor’s office did not consult Garagozlo to clarify his intentions, instead using an administrative letter to justify overriding the electoral process.

Andrea Fant, another candidate affected by the cancellation, expressed frustration at the blatant disregard for democratic norms. “How could you take an entire election from the people and deprive them of the opportunity to vote on it?” she asked. Fant has shifted her campaign to a different judicial seat but remains critical of the system’s failure to prevent such last-minute manipulations.

This scheme is not isolated. Similar cases are reportedly unfolding elsewhere in Florida, signaling a coordinated effort by DeSantis to entrench his influence over the judiciary before leaving office. By weaponizing procedural technicalities, the governor is undermining voters’ rights and stacking courts with loyalists—a dangerous erosion of democratic accountability.

Only Clowns Are Orange will continue to track this unfolding judicial power grab and expose efforts to subvert elections under the guise of administrative routine. Voters deserve transparency and a fair shot at choosing their judges—not a governor’s backdoor appointment spree.