Uh Oh: Florida Law Could Prevent Ron DeSantis From Running for President

pjmedia.com ^ | 3/10/2023 | MATT MARGOLIS

[bitt]

According to a report, sources close to Florida Gov. Ron DeSantis say that privately he has indicated he plans to run for the GOP nomination for president in 2024. But, despite his intentions, a Florida law could complicate things for him.

DeSantis has certainly been following the playbook of a potential presidential candidate, including writing a book and traveling across the country, particularly to key states on the primary schedule. He plans to visit Iowa on Friday and then Nevada on Saturday.

DeSantis is expected to make his announcement following the end of the legislative session in May.

Though publicly noncommittal, privately, sources say his presidential candidacy for the upcoming election is inevitable. But state law might require him to resign as governor first. The so-called Resign-to-Run law requires state officials to resign from office before running for president of the United States.

The state legislative session started this week, but a bill that would clarify the Resign-to-Run law’s intentions is not on the docket, which could be a problem for DeSantis. Political experts in Florida say the time to clarify what the bill deems as qualifying for a presidential run is now, before the end of the current legislative session.

The law has been changed twice in the past. First, back in 2007, it was changed by then-governor Charlie Crist, who was looking to be a vice-presidential running mate. That worked out splendidly for him. However, it was changed again back in 2018 when former governor Rick Scott made the bill more restrictive and required state officeholders from seeking federal office without resigning first.

[MayflowerMadam]

” not about him, but somebody who gets stuff done. “

You mean unlike Trump who never got “stuff done”? And it was all about him and not about making Americans’ lives better? /s

[Fresh Wind]

Thank you for the clarification.

As I read this section, submission of the required qualification papers 116-120 days before the primary constitutes qualification for both the primary and general elections. In other words, once qualified for the primary, and if nominated, the candidate would also be automatically qualified for the general, particularly if a nationwide campaign for president is involved.

But 99.012 section (4) covering federal offices states in section (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.”

So according to this, the candidate would have to submit the resignation BEFORE being qualified. See what I mean by “hazy”?

But Section (4)(b) clearly states:

“The resignation is irrevocable.”

The candidate can’t retract or change the resignation, and presumably the state can’t decide to change or ignore it.

And section (4)(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.”

The date in part 1 would be 1/20/25. Is the date in part 2 the same as part 1, or the date that the new governor would take office at the end of DeSantis’ 2nd term (i.e. if he isn’t elected president)?

It doesn’t matter, as the earlier date takes precedence.

The law is simply not clear what happens if the candidate in question loses in the general election. More haziness.

Unless the law is changed/clarified, if DeSantis gets the nomination and loses, he may still have to resign. This will end up in court.

Lawyers write vague laws to give other lawyers more work.