The §99.012 Problem, Or Not, for DeSantis

Yesterday, a rumor started that Donald Trump would go to Tallahassee and personally convince the Florida legislature not to amend F.S. §99.012 of the Florida election code. That code provision requires elected officials to resign their present office if they wish to run for another office with a term that overlaps. Many states have resign-to-run laws. But Florida’s does not appear to apply in Ron DeSantis’s situation.

In fairness, the Florida legislature at one point amended the law to make it very clear it did not apply. When Charlie Crist was Governor and thinking of running, the legislature changed the law. Florida Governor Rick Scott and the legislature changed the law back in 2018.

Even then, there was uncertainty about whether the law applies to runs for the presidency. Let’s look at the relevant text.

F.S. §99.012(4) states:

(4)(a) 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.

(b) The resignation is irrevocable.

(c) The resignation must be submitted at least 10 days before the first day of qualifying for the office he or she intends to seek.

(d) The written resignation must be effective no later than the earlier of the following dates:

1. The date the officer would take office, if elected; or

2. The date the officer’s successor is required to take office.

The whole of section four must be read together.

An officer who qualifies for federal office must resign his present office and the written letter of resignation must be effective no later than the date the officer would take office, if elected.

In other words, DeSantis would not be allowed to serve as both Governor and President and would have to resign effective January 20, 2025.

However, we need to dig further.

Notice the word “qualifies.” Qualifying is an act wherein a candidate pays a fee and signs an oath declaring their run for a particular office. F.S. §99.021 et. seq. outline the process and which candidates must qualify.