If he moves through with his eagerly awaited campaign for the Republican presidential nomination, Florida Governor Ron DeSantis might want assistance from the state Legislature.
State officeholders are required by a “resign to run” law to promise to resign if they decide to run for federal office.
Over the previous few decades, the law has been on and off the books.
It was reintroduced in 2018.
But when they reconvene in March, Republican leaders in the GOP-controlled Legislature want to discuss the possibility of amending or repealing the law.
Paul Renner, the speaker of the Florida House, recently told journalists that it was a “wonderful idea” to revisit the statute.
Like other senators, Senate President Kathleen Passidomo indicated that altering the resignation criterion would be “fantastic.”
She added that he should be permitted to run for president if he is the governor of Florida.
DeSantis is quickly becoming a favorite among some Republican activists and fundraisers looking for a conservative leader without the baggage of former President Donald Trump, who has already declared his run for the presidency in 2024.
Many Republicans are taking notice of DeSantis’ convincing reelection victory, especially his performance in historically Democratic strongholds near Miami, in what has been a disappointing year for Republicans in much of the United States.
The governor has avoided inquiries about his intentions to run for president, asking journalists last month to “cool out” on the matter.
However, he expressly declined to address questions about whether he would finish out his term in a debate before the November election.
Additionally, he has drawn attention for his nationwide campaigning for other GOP candidates and will publish an autobiography the following year.
According to Florida’s constitutional scholars, little ambiguity in the legislation suggests that the Legislature will likely need to take some action.
According to Bob Jarvis, a Nova Southeastern University’s law department professor, “there is no ambiguity, no argument, and no dispute.”
DeSantis must first resign as governor to be eligible to run for president under current law.
However, the bill isn’t anticipated to be a substantial obstacle given the Republican majority in the Legislature.
The governor remained silent in response to a question regarding whether he advocated for change.
To aid future candidates for higher office, open a way there is precedent for changing the Florida statute.
To avoid issues for the then-Governor, the Republican-controlled Legislature modified the law in 2007.
Charlie Crist, a potential running mate for Republican John McCain in 2008, was under consideration.
Later, Crist switched to the Democratic party and challenged DeSantis for reelection this year.
“There is a case to be made that this law is unnecessary.
According to Jarvis, the voters were fully aware that (DeSantis) might not serve out the remainder of his term as governor and that he was, at the very least, thinking about running for president.
No voter may claim that they were misled into casting a ballot.
Resign-to-run legislation is identical in just a small number of states. Some claim that while the bill is clear that politicians must step down if they wish to run for federal office, it is unclear when they must do so.
It specifies that the resignation must be delivered at least ten days before the first day of the qualification period for the position.
According to Jon McGowan, a lawyer who focuses on corporate and state government law, there is too much ambiguity, and it is unclear if a candidate would be qualified if he ran for the Republican primary or the general election.
According to McGowan, the measure’s goal is “true to prevent unending elections.”
We’ll observe that they’ll include a new clause so that presidential and vice presidential candidates won’t need to quit to run, only if they succeed.
A legislation reform is probably only one item on the legislative agenda that DeSantis wants to handle the next year as a springboard for a presidential run.
DeSantis refers to his leadership and the election’s outcomes as a “blueprint” for Republican success.
Bills about abortion and education are likely to be submitted.
Indicating the possibility of further legislation, incoming Republican state legislative leaders have mentioned a new law that DeSantis championed that restricts instruction on sexual orientation and gender identity in the early grades.