There are FAR too many idiots on FR these days. The idiots do not read anything, know nothing, and when someone says there is a law they don’t know how to go look for themselves. It is why I just don’t post here much at all anymore. Idiocracy is a documentary anymore.
Here the law, and IT DOES NOT SAY DENSANTIS MUST RESIGN RIGHT NOW! It says he must tell the people he will resign as governor if elected as President. Well, no shit, Sherlock. Of course he would have to.
The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title IX
ELECTORS AND ELECTIONS
Chapter 99
CANDIDATES
View Entire Chapter
99.012 Restrictions on individuals qualifying for public office.—
(1) As used in this section:
(a) “Officer” means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter.
(b) “Subordinate officer” means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer.
(2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other.
(3)(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds.
(b) The resignation is irrevocable.
(c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek.
(d) The resignation must be effective no later than the earlier of the following dates:
1. The date the officer would take office, if elected; or
2. The date the officer’s successor is required to take office.
(e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.
2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.
3. All other officers must submit their resignations to the Governor with a copy to the Department of State.
(f) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.
(g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply.
(4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other.
(b) The resignation is irrevocable.
(c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek.
(d) The written resignation must be effective no later than the earlier of the following dates:
1. The date the officer would take office, if elected; or
2. The date the officer’s successor is required to take office.
(e)1. An elected district, county, or municipal officer shall submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.
2. An appointed district, county, or municipal officer shall submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.
3. All other officers shall submit their resignations to the Governor with a copy to the Department of State.
(f)1. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds.
2. The Department of State shall send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to:
a. The officer before whom he or she qualified if the officer held an elective office; or
b. The officer or authority who appointed him or her if the officer held an appointive office.
(g) The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.
(5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office.
(6) If an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot.
(7) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of an appointive board or authority.
(8) Subsections (3) and (4) do not apply to persons holding any federal office. Subsection (4) does not apply to an elected officer if the term of the office that he or she presently holds is scheduled to expire and be filled by election in the same primary and general election period as the federal office he or she is seeking.
Not to nitpick, because you’re VERY correct that DeSantis doesn’t need to resign now, but he does need to resign from the governorship to be ELIGIBLE for election to the White House. I’ve been interpreting that as he should resign in order to accept the nomination. Arguably, he could resign before Election Day, but the political context of the Statute seems to argue that he must resign to accept the nominee. Ignoring that context, I suppose you COULD argue that since the Electoral College elects him, he doesn’t have to resign until AFTER election day.
Thank you.
I am of the opinion that “No officer may qualify as a candidate” means officially being selected as a candidate for office. Not campaigning in hopes of being the candidate. Not receiving funds for that purpose. Not publishing a book or otherwise generating publicity. If DeSantis becomes one of the Republican primary candidates then his resignation would be required. It certainly is not required at this time.
As I read that statute, Desantis would not have to resign unless he became the nominee, and would have to submit his resignation at least 10 days before accepting the nomination at the national convention. He would not have “qualified” for the office until he officially receives the party nomination or files to run as an independent. Even in that case, he could continue to serve as governor right up to Inauguration Day if he made that the effective date of the resignation.