Posted on 03/11/2023 9:36:40 AM PST by bitt
” 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
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.
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