New proposed amendment would change Florida’s resign-to-run law, opening door for DeSantis

TALLAHASSEE, Fla. — The Florida Senate on Wednesday is slated to take up a proposal that could help Gov. Ron DeSantis if he runs for president.

The proposal, part of an amendment to a major elections bill (SB 7050), would exempt candidates for president or vice president from the state’s resign-to-run law.

That law says any state officeholder who “qualifies for federal public office must resign from the office he or she presently holds if the terms, or any part thereof, run concurrently with each other.”

Some have interpreted that law to say that a Florida candidate running for federal office wouldn’t have to resign from their current elected position as long as they’re not also trying to be reelected to that position.

Sen. Travis Hutson, R-Elkton, who is sponsoring SB 7050 and introduced the amendment Tuesday wrote the current resign-to-run law in 2018.

By exempting candidates for president or vice president from the requirement, the bill would ensure DeSantis could run for president in 2024 without having to resign as governor. Questions have swirled for weeks about whether lawmakers would pursue such a change.

If DeSantis were to win the GOP nomination and the presidency, he would have to give up the final two years of his governorship. He’s term-limited from seeking a third term.

DeSantis has not formally announced a presidential bid but is widely expected to run next year.

DeSantis is currently overseas as part of an international trade mission to Japan, South Korea, Israel and the United Kingdom. The governor in recent months has also ramped up his travel to U.S. battleground states for speeches and meetings with Republicans.

This is not the first time the law was changed to aid a Florida Governor. In 2007, as then-Gov. Charlie Crist was being considered as a running mate for Sen. John McCain’s 2008 presidential bid, lawmakers removed the requirement that federal candidates had to resign from their current office.

In 2018, lawmakers changed the law again, explicitly outlining the requirement for candidates running for federal office to resign and removing an exception for presidential and vice presidential candidates, saying federal candidates must resign no later than 10 days before qualifying for office.

[SIGN UP: Action News Jax Daily Headlines Newsletter]

Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.