Ever since Florida Gov. Ron DeSantis cruised to re-election, the prospect of a DeSantis presidential candidacy has been exciting many conservatives.
But it is also beginning to grate on those who aren’t quite yet “Ready for Ron.”
Lately, the DeSantis detractors have been busy promoting one wildly inaccurate claim, namely that he cannot run for President in 2024 unless he hands in his resignation as Florida Governor. This idea is as misleading as it is dangerous, and if left unchecked, it could cost Republicans the next election.
As a lawyer, I look to the law, and on this point, the law is crystal-clear on its face: State officeholders do not need to quit their jobs in order to run for federal office — whether it’s the House, Senate, or presidency. Florida Statute Section 99.012, which governs this issue, has two relevant parts: Sub-sections (2) and (3). Those wrongly claiming DeSantis needs to resign are playing legal gymnastics by improperly conflating the two sub-sections.
Sub-section (2) is straightforward. It provides, in plain English, that a person cannot qualify as a “candidate” (e.g., be on the ballot) for two offices at the same time, including local, state, and federal offices.
This is why Sen. Marco Rubio was unable to run for both President and U.S. Senate in 2016. Instead, he had to wait until the end of his presidential campaign to restart his Senate run. Unlike Rubio, however, this scenario is totally inapplicable to DeSantis given that he is the sitting Governor of Florida and would, therefore, not be a “candidate” for two offices if he runs for President.
Meanwhile, sub-section (3), which applies to DeSantis, makes it clear that an “officer” (as defined by the Statute) cannot be the holder of a state-level or lower office while running for another state or lower position without resigning.
However, the Florida Legislature specifically and intentionally removed the word “federal” from the list of offices implicated in this section.
In other words, there is no law that prevents DeSantis from holding the office of Governor of Florida while running for president at the same time. This isn’t even speculative: In 2018, then-Gov. Rick Scott didn’t have to “resign to run” — and win — his Senate seat. Under the terribly flawed interpretation now being promoted, Scott’s victory simply could not have happened.
Anti-DeSantis partisans, with their short memories, are so desperate to undermine the man poised to win the White House in 2024 (see: every poll) that they will resort to shoddy lawyering. Unsurprisingly, those accusing DeSantis of attempting to change the law in his favor, are the very ones re-writing clear legislative directives in order to mislead the public.
Fortunately for America, subpar lawyering does not alter reality. And the reality is this: DeSantis can run in 2024 (without resigning), our organization will be instrumental in persuading him to do so, and his popular mandate will give Republicans their best chance at winning the presidency.
If you don’t support DeSantis because his state’s economy is booming, or because he takes on “woke” politics (and wins), and appeals to Americans across the socioeconomic spectrum, then by all means don’t support him. If you’re tired of all that actual winning, there’s probably a losing candidate for you. But misrepresenting the law to play politics is simply a boundary we should not cross.
The millions of Americans who wish to see their nation succeed under real leadership are ready for Ron DeSantis, whenever he is.
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Lilian Rodríguez-Baz is a founder and legal counsel for Ready for Ron PAC.
The post Lilian Rodríguez-Baz: Armchair lawyers proven wrong again — DeSantis does not have to resign to run for POTUS appeared first on Florida Politics – Campaigns & Elections. Lobbying & Government..