A Leon County circuit court judge has upheld Gov. Ron DeSantis' decision to cancel an August 2026 election for a Brevard County judicial seat. The ruling means the governor will appoint a replacement for retiring Judge Benjamin Garagozlo instead of allowing voters to select the next judge. Garagozlo announced his retirement on April 15, 2026, just days before a newly elected judge was set to take over his seat following the August election. His early exit created a vacancy that state law permits the governor to fill by appointment, even though DeSantis is nearing the end of his term.
The cancellation has disrupted campaigns for two candidates, Margaret Wagner and Andrea Fant, who had spent a year preparing for the election. Fant has shifted her focus to a separate race for circuit court judge, while Wagner has filed a lawsuit against the DeSantis administration to reinstate the election. Circuit Judge Joshua Hawkes, who ruled on the matter, stated that the plaintiffs failed to meet the legal standard required to force the election to proceed.
Hawkes wrote in his decision that the court could not override strict statutory deadlines for candidate qualifications. He also noted there was no practical way to identify other potential candidates who might have considered running but were not involved in the lawsuit. The judge emphasized that the court's role is limited to interpreting laws, not altering the timeline set by state statutes.
Garagozlo's retirement leaves a vacancy that will be filled by a gubernatorial appointment, with the appointee set to serve until 2028. The decision has sparked debate over the balance between executive authority and judicial elections in Brevard County. No new election will be held, and the appointment process is expected to conclude before the end of DeSantis' term.