If DeSantis Tries to Run for President as Sitting Governor, ‘There Are Going to Be Lawsuits’: Professor

'I don't see a way around this for DeSantis other than changing the law'

Florida Gov. Ron DeSantis waves to the crowd during an election night watch party at the Tampa Convention Center in Tampa, Fla., on Nov. 8, 2022. (Giorgio Viera/AFP via Getty Images)

If Florida Gov. Ron DeSantis tries to run for president in 2024 without first resigning his office, a constitutional professor says there will be lawsuits.

Florida House Speaker Paul Renner, a Republican, said he thought it would be a good idea to look into changing state law to pave the way for the newly reelected DeSantis to run for president in 2024. Renner suggests DeSantis “may be able to run now without resigning under current law,” but that the state Legislature should correct any ambiguity.

The Law

Florida Statute 99.012 states that “no officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds.

The statute further states that “any officer 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.”

“The resignation is irrevocable” and “must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek.”

In 2007, the Republican-controlled Florida Legislature changed the law to pave the way for then-Gov. Charlie Crist, who was a possible running mate for Republican John McCain in 2008.

In April of 2018, then-Gov. Rick Scott—who announced on April 9, 2018, that he was challenging Democrat Bill Nelson for his U.S. Senate seat—signed SB 186 into law, reinstating the resign-to-run requirement.

The law says “the failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she presently holds.”

The law goes on to say that if an order of a court that has become final determines that a person did not comply with this section, the person shall not be qualified as a candidate for election and his or her name may not appear on the ballot.”

Arizona has a similar resign-to-run law, which has also been labeled as ambiguous and argued to permit an “elected salaried official” to “legally submit an application to the Governor without resigning from office.”

‘That’s a Great Idea’

During a Nov. 22 press conference, Renner was asked if he would be interested in changing an existing state law that requires someone holding a state job to resign before running for federal office.

“I think that’s a great idea,” Renner replied. “I think we’ll look at that.”

That same day, Florida Senate President Kathleen Passidomo, a Republican, told reporters that “if an individual who is Florida governor is running for president, I think he should be allowed to do it. I really do. That’s a big honor and a privilege, so it is a good idea.”

These suggestions sparked a heated debate online, which Passidomo acknowledged.

“Certainly we would be understanding of how both sides feel,” Passidomo’s deputy chief of staff Katherine Betta confirmed to The Epoch Times. “In one of the articles, it was presented as if this was an announcement of something she was going to pursue during her time as president. So, in that context, I can certainly understand some of that criticism. But that wasn’t the case. She was asked how she would feel about the situation and she responded.”

In the first week of December, news reports began reiterating Renner’s narrative of “ambiguity.”

In a Dec. 2 editorial, the Tampa Bay Times Editorial Board posited that Florida law is vague on whether DeSantis would need to resign as governor in case of a presidential campaign, and when he would need to do it.

“Florida lawmakers should end any doubt by passing a law that allows the governor to run without resigning. It’s an easy tweak and the right thing to do,” the editorial board said, adding that “some legal analysts also say that a candidate can run for federal office without resigning as long as they aren’t also running for reelection to their state post.”

Jon McGowan, an attorney who specializes in business and state government law, told The Associated Press that there is "too much ambiguity,” and the motivation behind the law “is really about not having endless elections.”

“What we’ll see is they will create a new section so that candidates for president or vice president do not have to resign to run, and just if they win,” he said.

Townhall reported that some lawmakers were looking for ways around the law without making legislative changes, such as one section of the law stating that candidates for federal office don’t have to resign as long as they’re not also trying to be reelected to state office.

“There have been principled arguments on both sides of this issue,” Renner said in a statement obtained by The Epoch Times. “Candidly, we have gone back and forth based on the circumstances of the moment.” He then reiterated Passidomo’s sentiment that “it’s an honor for someone from Florida to even consider running for President.” Renner also suggested that “while Governor DeSantis may be able to run now without resigning under current law, we should correct any ambiguity. Americans would be fortunate to experience the kind of real leadership we enjoy in Florida.”

‘I Don’t See Any Ambiguity’

To Tim Canova, all of these arguments are without merit.

“I don’t know why they say it’s vague,” Canova told The Epoch Times, suggesting that proposals from “some lawmakers” and unnamed legal analysts to change Florida’s law to benefit DeSantis “might just be a bit of political gamesmanship.”

Canova is a professor of constitutional law at Nova Southeastern University’s Shepard Broad College of Law. His work has been published in legal journals such as Oxford University Press, Harvard Law & Policy Review, Brooklyn Law Review, Georgetown Journal of Law & Public Policy, and UC Davis Law Review.

Canova took exception to the suggestion that changing Florida law would be a simple matter of “tweaking.”

“They’re characterizing this as just tweaking,” Canova said. “Tweaking or not, it’s going to have to get a majority of the votes in the Florida House and the Senate.”

“They can call it a tweak but it would require a substantive change in the law,” he explained. “I don’t see a way around this for DeSantis other than changing the law. They’re going to have to change the statute. Otherwise, there are going to be lawsuits brought at some point if DeSantis tries to run for president while being governor. When the Legislature does move to change the law, they can characterize it as trying to clarify an ambiguity rather than making a real change to the law. But I don’t see any ambiguity whatsoever.”

Bob Jarvis—another constitutional professor at Nova Southeastern University’s law school—made a similar statement to The Associated Press.

“There is no ambiguity, no debate, no dispute,” Jarvis said. “Under current law, DeSantis cannot run for president before first resigning as a governor.

Canova praised his colleague’s perspective. “That’s a great quote,” Canova said “That covers it quite succinctly. I’m glad to know I am in agreement with him. I agree wholeheartedly.”

Conversely, Canova said he was “a little perplexed” by reports that unnamed experts are saying Florida law says a candidate running for federal office doesn’t have to resign as long as they’re not simultaneously running for reelection.

“I’ve read it and reread it and I just don’t see any kind of exemption in the law that supports that position,” Canova insisted, noting how “they’re not pointing to any specific provision in the statute that says that. They’re just asserting.”