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The Florida Law Standing Between DeSantis and a Presidential Bid

Florida legislative quietly making preparations for changes in Florida law that will allow DeSantis to run for the presidency

Florida Governor. Ron DeSantis is now running for a position he hasn’t yet declared. This is not an official campaign. This is a book-tour instead. “The Courage to be Free: Florida’s Blueprint for America’s Revival.”

DeSantis will be making two stops on a book-tour this week in IowaIt is important for presidential candidates with its early primaries. It’s possible that he will stop by New Hampshire with its early primaries, too.

DeSantis is working on other parts of his campaign. DeSantis meets and receives checks from large donors. He has kept his staff in place and they are paid by Republican Party.

He hasn’t declared his candidacy for office. According to him, he is first interested in Florida’s legislative sessions that began March 7, and last until May 5, 2007.

However, there is another reason. Florida law now requires him to resign as governor—in a second term he took the oath of office for just two months ago—if he runs for another office.

The law has been debated by Florida lawmakers over the years. The law was relaxed for officials from the state and local governments who wanted to run for the federal office. It came about when Charlie Crist, then the Governor of Florida, sought the nomination for the vice-presidential position in 2008.

However, they amended it in 2018 after Rick Scott (then-Governor) decided it would lead to expensive special elections. They were avoiding them by enacting the resign-to run law.

If DeSantis resigned, Lt. Gov. Jeanette Nunez could succeed DeSantis to this office.

To ease the law again, no bill has been filed. But behind the scenes, lawmakers in the Republican-controlled legislature quietly acknowledge that a plan for that is coming together.

Both Paul Renner, state House Speaker, and Kathleen Passidomo (Senate Majority Leader) hinted after November’s elections that they were open to fixing the resign or run problem. The Epoch Times sent emails asking them for current positions.

Florida Lt. Gov. Jeanette Nunez steps up to the podium during the Republican National Convention in Washington DC, Aug. 25, 2020. (Chip Somodevilla/Getty Images)

The subject has been kept quiet by legislators.

Law as it is written is vague. Changes to the law might be described as efforts to make it clearer.

Florida Statute 99.012 (4)(a) states: “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.” It is also stated that the law makes it impossible to resign.

If the law doesn’t change, it is necessary to define when DeSantis has to resign. His resignation would be required “at least 10 days before the first day of qualifying for the office he or she intends to seek.”

It would be effective no later than the earlier of two dates—the date he would become president if elected, or the date his successor as governor would be required to take office.

According to political scientists, this allows for wiggle room. Susan MacManus is professor emeritus of the University of South Florida.

“The Courage to Be Free: Florida’s Blueprint for America’s Revival,” By Gov. Ron DeSantis is a Republican who rises to the No. On the date of publication, February 28, 2023, Amazon ranked it at No. 1. (Nanette Holt/The Epoch Times.

Floridians who are running to be governor (as DeSantis did last ye) or for federal office such as the Senate or Congress had to apply by June 17th 2022. An individual with conflicting interests would have to resign within 10 days.

A candidate for the presidency must first run in primaries held in different states. MacManus acknowledged that DeSantis might not have to resign under Florida law until he qualifies for primary.

Aubrey Jewett, University of Central Florida, said that DeSantis may push the deadline further if he claims that running for office and seeking to be nominated by a party is different from running for it. “office.”

Florida law doesn’t allow him to resign until, assuming that he has won the Republican nomination for president, he qualifies for the general election of November 2024.

“There’s some ambiguity, if the law doesn’t change, when Governor DeSantis would be required to file his resignation,” Jewett said. “It’s confusing.”

Jon McGowan is a federal and state-law specialist. told The Associated Press The same applies. “There’s too much ambiguity.”

New Hampshire’s 2024 primary is still to be set. It was the first national primary.

The National Democratic Party is determined to remove the state from this position, and to change its primary schedule in order to allow states that have more minorities to join it sooner.

New Hampshire resists, but the Republican Party prefers the status quo.

The primary was traditionally held in February.

The 2020 election was held on February 11th with the filing deadline of Nov. 15. Assuming New Hampshire had the same qualification period in 2019, DeSantis would have only to resign 10 working days prior to an event that falls in mid-November.

Republican voices raised in opposition have all been from outside the legislature—and all supporters of DeSantis’s rival for the nomination, former President Donald Trump.

Critics so far include former Alaska Gov. Sarah Palin, Republican activist Laura Loomer and ex-state Rep. Anthony Sabatini were among those criticised.

Loomer has also attacked DeSantis regarding it. Most recently, she posted a YouTube link on her Twitter account that was dated March 6th.

She criticized his efforts to “abuse his authority,” He said that “deceived Florida voters” He ran for another term, even though he didn’t intend to finish it. And he accused himself of being naive. “above the law.”

The whole thing smells like the “self-serving political corruption” Associated with “third-world leaders, dictators, or authoritarian individuals.”

Laura Loomer. (Courtesy Laura Loomer

The Epoch Times emailed Bryan Griffin and Lindsay Curnutte seeking a reply to Loomer’s comments.

Palin was more understanding about the matter. DeSantis, she said, is too young to be running before the election.

“DeSantis is a great governor, probably the best governor in the nation,” Recently, she spoke at CPAC (Conservative Political Action Conference).

However “nobody can compare to Trump.”

Jewett said that DeSantis was formidable and not someone with which a legislator would like to fight.

“Republicans don’t want to cross him. It could come back to haunt them, particularly in a primary,” Jewett said.

“But I don’t want to overplay that. A lot of it goes back to, he’s really popular, and a lot of Republicans in the legislature like Ron DeSantis. They think he’s good for the party and good for policy.”

“He’s perceived as the head of the Republican party in Florida. He has high popularity within GOP circles across the country and in Florida, and he has so much money.”

MacManus explained that Republicans who are opposed to DeSantis’ in the legislature do not have enough votes to prevent the proposed law changes from being introduced.

On March 4, 2023, former President Donald Trump will address the Conservative Political Action Conference at Gaylord National Resort & Convention Center, National Harbor, Md. (Alex Wong/Getty Images)

Jewett indicated that it is likely that lawmakers will attempt to modify the law at the close of session.

DeSantis should keep his attention on Florida’s state business, which he can do during Florida’s 60-day legislative sessions. In the interim, he will delay his announcement of candidacy.

“Wide speculation is that he wants to wait until the legislative session is over,” Jewett said.

Republican National Committee has announced that the first Republican National Committee presidential debate will take place in Milwaukee, Wisconsin in August. Bis now, Trump, Nikki Haley and Vivek Rajaswamy (ex-South Carolina Governor and UN Ambassador), have announced their candidacies.

DeSantis joins a number of prominent Republicans who are expected to announce. These include Sen. Tim Scott, (R-S.C.), and Mike Pompeo (ex-Vice President).

MacManus stated that DeSantis is well-placed to be declared candidacy sooner than later.

Some candidates are under pressure to make this decision before possible donors or campaign staffers agree to support other candidates.

DeSantis is an example of the latter. DeSantis raised money already and has millions left from his 2022 election bid.

Florida Governor. Fans of Florida Gov. Ron DeSantis wait for their turn at a Books-A-Million, where he signed copies of the book he just released in Leesburg, Fla. on February 28, 2023 (Nanette Holt/The Epoch Times).

Jewett stated that he doesn’t need to make any declarations to generate excitement or enthusiasm. “He’s not hurting for those. He could wait until much later in the cycle if he wants to, and not hurt his chances.”

He will also be more likely to become a target for enemies media and opponents if he waits.

“Trump is already hammering away at him peripherally. Coming after him with nicknames and highlighting negative things on Truth Social,” Jewett stated that Trump has a social media platform.

“But because DeSantis is not actually in the race yet, he hasn’t gotten both barrels of Donald Trump. Once he’s in the race, I presume that will happen. So that might be a reason to stay out longer—to say out of Trump’s sights longer.”

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