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Gov. Ron DeSantis could get another appointment on the Broward County School Board, if a newly-elected member isn鈥檛 sworn in within a month. That鈥檚 according to , who teaches constitutional law at Nova Southeastern University鈥檚 Shepard Broad College of Law.

Rod Velez 鈥� a property manager and father of two young kids 鈥� won his race for the Broward school board with of the vote. But he wasn鈥檛 sworn in with the rest of his new colleagues on Nov. 22 because he was convicted of a felony and hasn鈥檛 had his civil rights restored.

Under a state law that has its roots in a of from participating in electoral democracy, Floridians with felony convictions are banned from voting, holding office and sitting on a jury, unless their rights have been . This previously byzantine process has been made much easier since the passage of in 2018.

Velez 鈥� who to aggravated battery in 1995 鈥� has dodged questions about his eligibility but conceded last week that while he鈥檚 applied for his rights to be restored, he鈥檚 still waiting.

As of 9:30 a.m. on Friday, the state鈥檚 executive clemency showed no record that Velez鈥檚 rights have been restored. That鈥檚 despite the agency鈥檚 rules stating that rights will be restored 鈥渁utomatically upon processing [of the application] and without a hearing鈥�.

Speaking at the swearing-in ceremony, Velez said he didn鈥檛 want to take the oath because he feared he would break the law 鈥� it is a to swear a false oath related to elections.

"I'm not going to resign today, I'm going to continue this journey," Velez said. "The state has everything they need to hit the button and process everything.鈥�

But the clock is ticking for Velez to take the oath, says Jarvis.

鈥淭丑别 sets a 30 day deadline. And since the other members of the board were sworn in on Nov. 22, it seems to me he must be able to swear in by Dec. 22,鈥� Jarvis said.

If he鈥檚 not sworn in by that deadline, Jarvis says the seat will be considered , at which point the governor can pick someone else.

鈥淚f Velez does not qualify and is not able to take the oath by Dec. 22, Gov. DeSantis will have the constitutional power and duty to appoint someone,鈥� he said.

If that happens, DeSantis would have two appointees on the board overseeing the state鈥檚 second-largest school district. Up until last month, there were five DeSantis appointees on the board, after he removed sitting members following a grand jury investigation.

Meanwhile, in a this week, Velez鈥檚 competitor Marie Murray Martin asked a judge to invalidate his victory and declare her the winner.

Jarvis, the law professor, says even if a judge did disqualify Velez, there鈥檚 no legal basis to seat Martin 鈥� unless DeSantis were to appoint her.

鈥淚 would expect that he will do what he did the last time here in Broward, which is appoint people who could not get elected on their own because we're a heavy Democratic county. And I assume he'll again appoint a Republican,鈥� Jarvis said. 鈥淏ut the voters will just have to live with that.鈥�