Bill changes ‘resign-to-run’ to exempt presidential candidates as DeSantis mulls 2024

Published Apr. 25, 2023, 3:47 p.m. ET | Updated Apr. 25, 2023

Ron DeSantis is sworn into his second term as Governor of Florida at the Florida Capitol, Jan. 3, 2023.
Ron DeSantis is sworn into his second term as Governor of Florida at the Florida Capitol, Jan. 3, 2023.

TALLAHASSEE, Fla. (FLV) – A new amendment filed to a Florida Senate bill would exempt officeholders seeking the position of U.S. president or vice president from the state’s “resign-to-run” law.

The bill, SB 7050, titled “Elections,” was introduced late March, but did not initially include the change.

The amendment was filed Tuesday afternoon by Sen. Travis Hutson, R-Palm Coast, who also co-introduced the legislation.

Florida’s existing law governing whether a state “officer” must resign is defined under Florida Statute Section 99.012.

Under existing law, there is no exemption for candidates for president or vice president.

Hutson’s amendment reads, in reference to 99.012’s outline of who can “qualify” for office, and thus be required to resign, “This section does not apply to: Persons seeking the office of President or Vice President of the United States.”

There was legal confusion and speculation prior to the amendment as to when DeSantis would have to resign if he formally announced a bid for president in 2024.

However, if the current bill clears the Senate and House with the same or similar changes, and if DeSantis seeks the office of president, he would not need to resign unless he wins the 2024 election and is inaugurated in 2025.

If that scenario plays out, Lt. Gov. Jeanette Nunez would become governor of Florida.

The Senate floor is scheduled to take up SB 7050 Wednesday, April 26. More changes could be made regarding “resign-to-run” between now and final voting from both chambers.

The bill addresses other changes to election laws, including voter registration, public records exemptions and more.

DeSantis recently reiterated that he would not make any political announcements until after the Florida Legislature wraps up its session in May.

When asked whether he’s leaning for or against running for president, DeSantis told Fox News’ Sean Hannity, “stay tuned.”

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