On May 24, 2023, a few months after winning re-election in the 2022 midterm elections, Florida Governor Ron DeSantis formally announced he was running for president via a Twitter Spaces event co-hosted by then-CEO Elon Musk.[i] While this announcement itself may not have come as a surprise to most Floridians, it raises both legal questions as well as valid concerns regarding the governor’s absence from the Sunshine State while he engages in a nationwide presidential campaign. At the very least, the governor’s decision to run for president presents Florida voters with a worthwhile question: May a sitting governor maintain their office while simultaneously running for President of the United States?

Historically in Florida, politicians elected by the people must resign in order to pursue another political position if the two positions’ terms would overlap. This is known as Florida’s “resign-to-run” law. The primary policy rationale behind enacting Resign to Run laws was that “campaigning can lead to neglect of official duties and an unfair advantage if officeholders leverage resources such as official staff.”[ii] Given the surreptitious nature of American politics, one would assume that such a law would serve an essential purpose in curtailing misconduct by our representatives. However, during the 2023 Florida Legislative session, a particular amendment was quietly made to Florida’s resign-to-run law, which warrants the public’s attention. The amendment in question falls under Section 7 of Fla. Stat. Section 99.012 (“Restrictions on Individuals Qualifying for Public Office”), which details three different classes that are exempt from the statute altogether.[iii] The first two groups— political party offices and individuals serving without salary as members of an appointive board or authority — have always been exempt under Florida law. For example, the Democrat and Republican Parties of Florida would be exempt from this law. Similarly, parents who are appointed by a local school district’s board and receive no compensation are also exempt from the resign to run provisions.[iv] However, as of 2023, the Florida legislature’s amendment now exempted a third group of individuals, “persons seeking the office of President or Vice President of the United States,” from the statute’s requirements altogether.[v] In the past, any individual falling within the scope of the resign to run statute would be required to meet certain qualifications, submit certain documents, and provide a full and public accounting of their financial records.[vi] These disclosures, however, no longer apply to an elected official seeking to run for President or Vice President of our country. Interestingly, the Florida legislature included a footnote alongside the provision, highlighting that the new amendments made to the statute are “meant to clarify existing law.” This language, however, is extremely vague and provides no clear direction as to which specific law it aims to clarify. Instead, it simply restates the language and general applicability of the amendment itself. These changes took effect on July 1, 2023, about a month after Governor DeSantis signed the bill.[vii]

While it is true that we the people vote for individuals to represent us in the Florida legislature, what kind of benefit does amending the resign-to-run statute bring to the citizens of Florida? Given that the Florida Governor is elected based on popular vote, it is reasonable to assume that a state’s populace would be concerned about an elected representative’s ability to direct full attention to their state if they are simultaneously running for another elected office; let alone the commander-in-chief of the entire country. Couple this worry with the fact that Florida is one of 27 states that does not allow voters to participate in a public referendum – a process that allows voters to approve or repeal a law enacted by the state legislature – it is foreseeable that such concern is justifiable on multiple grounds.[viii] If Florida recognized public referendums, the Florida legislature’s amendment would not be as controversial in the eyes of many, as the public would have a direct say in the matter. On another note, critics of the Florida legislature’s amendment to the resign-to-run statute argue that the move is politically motivated given the timing between the change to the law and Governor DeSantis’ announcement to run for President. This claim, however, is miniscule in importance compared to the potential long-term impact the amendment could have on Florida voters — undermining the importance of their vote and their expectations of the representatives they duly elected. Furthermore, it would not be out of the realm of possibility for the Florida Legislature to amend the statute to exempt additional groups in the future. Floridians, like each citizen of a particular state, anticipate that their legislature and governor enact laws and take action that benefit them and the state in which they reside.

[i] See Nancy Cook & Mark Niquette, Ron DeSantis to Join Elon Musk on Twitter Wednesday to Announce 2024 Run, Bloomberg (May 23, 2023 2:21 PM), https://www.bloomberg.com/news/articles/2023-05-23/desantis-to-announce-2024-run-during-twitter-spaces-with-musk#xj4y7vzkg.

[ii] See Resign-to-run law, Ballotpedia https://ballotpedia.org/Resign-to-run_law (last visited Sep. 8, 2023) (explaining the policy rationale behind the decision for certain states to enact their own resign-to-run laws).

[iii] See Fla. Stat. § 99.012 (2023).

[iv] See Fla. Stat. § 1012.01(5).

[v]  See Fla. Stat. § 99.012 (2023).

[vi]  Id. § 99.012 (2023) (drawing attention to the notation included by the Florida legislature to the new amendment: “…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…”).

[vii] See Josh Sidorowicz, Changes to Florida’s ‘resign-to-run’ law take effect as soon as DeSantis signs it, wtsp news (May 24, 2023 6:09 PM), https://www.wtsp.com/article/news/verify/florida-resign-to-run-law-desantis/67-fa77cdab-5c1b-4177-8d53-deaddbae838f (highlighting the fact that the newest changes made to Florida’s resign-to-run law take effect on July 1, 2023).

[viii] See Initiative and Referendum Processes, ncsl https://www.ncsl.org/elections-and-campaigns/initiative-and-referendum-processes (last visited Sep. 8, 2023) (highlighting the fact that Florida is one of twenty-seven states that does not allow voters to approve or repeal of an act enacted by the state legislature).