As Florida Gov. Ron DeSantis considers a potential 2024 presidential run, there's been some misunderstanding on the national level about his state's "resign-to-run" law, according to Florida Politics.
The news outlet reported that, under the law, DeSantis does not need to resign now, as it's about holding two offices at once. If and when he decides to seek a higher office, it will become an issue if the term for that office overlaps with the one he currently holds.
If he were to win the presidency, DeSantis' resignation could take effect on Jan. 20, 2025, the day the winner of the 2024 presidential election will be inaugurated and take office.
Florida law stipulates that resignations are permanent, meaning that if DeSantis invokes the resign-to-run law, he can't rescind the resignation. That's why he isn't likely to make a decision any time in the near future, according to Florida Politics.
Under Florida law, DeSantis' resignation would need to be tendered 10 days before the qualification deadline for candidates. Major political parties are required to submit lists of candidates that will appear on the Florida presidential primary ballot by Nov. 30, which means DeSantis could be forced to submit a resignation by Nov. 20.
In 2018, then-Gov. Rick Scott signed a law that required Florida candidates seeking federal office to resign to run if the terms of office overlap, which would happen in DeSantis' case. Florida Politics reported that it's questionable as to whether the law applies to a presidential race, as the office is the only one elected by voters in multiple states.
In a widely read Twitter thread last year, Florida American Civil Liberties Union lawyer Nicholas Warren argued that since the state doesn't have a qualifying process for presidential candidates, DeSantis would not need to resign unless he wins the White House.
The Florida Legislature changed the resign-to-run law in 2007, according to Florida Politics, to exempt candidates for president and vice president, in anticipation of the possibility that the GOP presidential nominee, John McCain, might select then-Gov. Charlie Crist to be his running mate.
The law has since been changed back, and lacks those exemptions, but Florida lawmakers have signaled they are open to making changes to smooth DeSantis' way.
Florida Politics reported that state House Speaker Paul Renner has indicated he would like to change the law and clarify that DeSantis does not need to submit a resignation to run, while Florida Senate President Kathleen Passidomo has said she has no problem changing the law.
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