TAMPA, Fla. (WFLA) — The race for 2024 is heating up.
President Joe Biden has formally announced he’s running for a second term.
Now, all eyes are on Gov. Ron DeSantis.
8 On Your Side Investigator Mahsa Saeidi looks at whether the governor must resign to run.
This is an area where you don’t want confusion.
You want to know who your leaders are, and how long they’re going to serve but current Florida law is anything but clear.
With President Biden officially launching his re-election Tuesday, DeSantis is overseas on a trade mission as he inches closer to a likely 2024 bid.
So, what does this mean for Floridians?
Attorney David Singer breaks down Florida Statute 99.012, the state’s so-called “resign-to-run” law.
“There’s a fair amount of confusion even amongst our elected leaders,” said Singer. “If you intend, as an elected official, to run for another office, you must submit a letter of resignation 10 days before the qualifying period starts for that new office.”
The governor’s current term is supposed to end in 2027. The next president will take office two years before that, in 2025.
Florida law states if the terms overlap—which here they do—a candidate must resign to qualify for that office.
The resignation must be submitted “at least 10 days before” qualification.
The statute spells out qualification for every single office but for president and vice president.
That’s where it gets confusing.
“There’s different ways to approach an analysis of when someone technically qualifies to run for President here in the state of Florida,” said Singer.
“One way would be when the national party submits their lists of candidates and that happens in November in the year prior to election.”
Some experts think DeSantis must resign by this November, when parties submit their list of candidates to appear on the ballot.
But Singer believes he can push it to March of 2024, the date of the state’s Republican primary.
“Another interpretation is 10 days before qualifying for Florida’s primary election and while the statute is silent on when that qualification period is, we know when the primary is going to be,” said Singer.
When the resignation happens, it’s irrevocable.
Win or lose, under current law, Gov. DeSantis can’t take it back.
“The reason you don’t want to submit it too soon is because it’s irrevocable?” asked Saeidi.
“That’s exactly right, and this is an open question,” said Singer. “If I had to pick a date, even though the statute is silent on it, I would say before someone qualified to run for Florida’s primary is probably a pretty safe bet.”
This could all change.
Florida lawmakers have filed an amendment that would allow Gov. Ron DeSantis to run for president, without resigning.
The proposal states the “amendments made to s. 99.012, Florida Statutes, by this act are intended to clarify existing law. Any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests petition signatures, or the payment of filing fees. This section shall take effect upon this act becoming a law.”
If the amendment passes, it would mean that Gov. DeSantis could run for president, lose and then still remain the governor of Florida until 2027.
Some say this is the clearest sign that he’s going to announce soon.
“Do you think this new Senate bill is a good idea?” asked Saeidi.
“I think anything that provides certainty is a good idea but I wouldn’t comment as to removing lack of qualification as either good or bad. I’ll leave that to the legislature,” said Singer.