ACLU sues Florida Gov. DeSantis for not calling special elections for state House and Senate seats

[January 10, 2025]  By STEPHANY MATAT

WEST PALM BEACH, Fla. (AP) — The American Civil Liberties Union filed a lawsuit Thursday accusing Florida Gov. Ron DeSantis of failing to fulfill his constitutional obligation to call special elections for two seats in the state House and Senate.

The seats in question were vacated in November by state Rep. Joel Rudman and state Sen. Randy Fine, who resigned to run for two congressional seats that opened up when President-elect Donald Trump named U.S. Reps. Matt Gaetz and Mike Waltz as Cabinet picks.

Shortly after Gaetz and Waltz resigned, DeSantis called for special congressional elections with a Jan. 28 primary and an April 1 general. He has yet to set elections for the state-level openings, however.

“I don’t understand why the governor resists calling special elections in a timely manner. From Jeb Bush to Rick Scott, past governors moved quickly to ensure the people retained their voice in government. DeSantis’s refusal to do so is both troubling and illegal,” said Nicholas Warren, a staff attorney for the ACLU of Florida.

Asked about the lawsuit, the governor's office referred comment to the Florida Department of State, which did not immediately respond.

Florida law requires state lawmakers to resign if they want to run for open congressional seats, and their vacated positions must be filled through special election.

Rudman’s resignation was effective Jan. 1, and Fine’s takes effect March 31 after the state legislative session gets underway.

Republican presidential candidate Florida Gov. Ron DeSantis speaks during a campaign event on May 31, 2023, in Salix, Iowa. (AP Photo/Charlie Neibergall, File)

In 2021, DeSantis was sued over a delay in setting a special election for a heavily Democratic South Florida congressional district. Days later the governor set an election date for nine months after U.S. Rep. Alcee Hastings died.

Similarly, in 2023 the ACLU filed a lawsuit against DeSantis over a special election in a state House district in Miami-Dade County. Days later he set a date for that vote.

Rudman, who is seeking to replace Gaetz, faces an uphill battle in a race that features numerous candidates including the apparent front-runner, Trump-endorsed state Chief Financial Officer Jimmy Patronis.

Fine, meanwhile, is vying for the Waltz seat and is backed by Trump.

Waltz is set to join the incoming Trump administration as national security adviser, while Gaetz withdrew as nominee for attorney general after both Democrats and Republicans voiced skepticism over the pick due to his personal controversies.

The House Ethics panel has since released a report accusing Gaetz of misconduct including paying a 17-year-old for sex and possessing illegal drugs.

Gaetz, now a host on the One America News Network, said Wednesday on his show that he was considering running for governor after DeSantis finishes his second and final term.

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