Election Fraud?

The HIckman Mills School Board has been a hot mess for some time. That’s what happens when you have politicians sitting as board members. Now there’s a new twist.
DaRon McGee, who won a seat three years ago, would be up for re-election this coming April. As such, he duly filed his intent to run again. Therein lies the crux of the matter. In November he was elected to the County Legislature. The short story is: three other school board members were also elected to the legislature; the charter says these 4 must give up those positions; a lawsuit was filed; the 4 resigned their board seats, including Mr. McGee.
The problem is that he has not removed his name from the filing list and as of next Tuesday it will be too late for it not to appear on the ballot. Because his name appears last, there is a good chance he could garner enough votes in April to be re-elected to the school board since many voters simply vote for the first and last names. In any event he will most certainly take votes away from other candidates.
Should he be re-elected, will he give up his seat with the county legislature which is a paid position and where he was also elected chair? Or will he again resign his seat on the school board? If his intent is the latter, is that election fraud?