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World-traveler DeSantis won't have to resign to run ... and he never did

Kimimasa Mayama/Pool Photo via AP

With Ron DeSantis, the Florida governor and ultimate stealth candidate for the White House, still firmly in the will-he-or-won’t-he phase, one thing (at least) has become abundantly clear:

Few statutes are less understood than Florida’s resign-to-run law. We get that. The statute runs nearly 1,000 words, eight sections, and enough subsections (and sub-subsections) to give us a headache.

What it all adds up to, however, is this: Resign-to-run doesn’t mean what you think it means. But, with DeSantis on an international tour (not at taxpayers’ expense, apparently) ostensibly promoting the charms of the Sunshine State in Japan, South Korea, Israel and the United Kingdom, murmurs — not to mention outright charges of malfeasance from you-know-who — have resurfaced.

Even the Associated Press, with all its experts, editors and fact-checkers, can’t get it quite right:

DeSantis’ decision is complicated, at least in part, because the Republican-controlled state legislature has yet to overturn Florida’s so-called “resign to run” law, which prohibits elected officials from qualifying as a candidate for another office that would overlap with their current term.

Well, yes … but no. Beginning with, few legal scholars believe presidential campaigns are covered, seeing as how they lack actual an essential aspect of the law: “qualifying” periods — that moment on the calendar when a candidate delivers sufficient petitions or a check to the appropriate elections official to get on the ballot.

Happily, Florida Politics published a dandy, useful, and timely primer on Florida’s resign-to-run statute Monday.

And then that explainer was overtaken Tuesday by long-anticipated events. If the amendment to Florida’s election law proposed by First Coast Sen. Travis Hutson is approved — we’re using “if” in the Republican supermajority legislature advisedly — all ambiguity surrounding DeSantis’ status as a candidate for higher office will be resolved.

“Any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees. This section shall take effect upon this act becoming a law.” 

Senate President Kathleen Passidomo (R-Naples) said from the get-go she thought the resign-to-run didn’t apply to candidates for president or vice president; she reiterated her position after Hutson’s amendment was filed.

“In my view, it is already apparent that resign-to-run does not apply to presidential and vice presidential candidates. Under our law, the timeline for resigning is entirely based on qualifying. Presidential and vice presidential candidates do not have to qualify. Presidential and vice presidential nominees (other than write-in candidates) are decided by their respective political parties at national conventions. Currently, they do not have to complete a candidate’s oath, pay a qualifying fee, fill out a financial disclosure, or turn in any of the other qualifying documentation and paperwork required of candidates for other offices.”

“Senator Hutson’s amendment makes no changes to the process for nominating candidates for president and vice president, which is governed by political parties, not Florida law. It simply adds clarity to current law and eliminates any ambiguity.”

“To have any president or vice president from our state would be a great honor. I don’t want a candidate to have any problems because of a perceived ambiguity in our laws. In my view, it is always preferable that decisions to clarify our laws come from the Legislature, not the courts. Providing unequivocal clarity on this issue is in the best interest of our state long-term, regardless of who is running for President now or in the future.”

Assuming the Hutson clarifier sails through both chambers, it could land on DeSantis’ desk not long after the governor’s entourage returns from its around-the-world trek. It’s slated to take effect July 1.

This is a bad day, then, for everyone who was leveraging confusion about Florida’s resign-to-run law for snide, vindictive, disruptive and/or nefarious intent.

What today’s development means for Ron DeSantis’ calendar remains anybody’s guess.

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