U.S Rep. Ron DeSantis
U.S Rep. Ron DeSantis

U.S. Rep. Ron DeSantis resigned his congressional seat Monday in the midst of his run for Florida governor. Did he legally have to, however?

Despite Florida’s increasingly complex “Resign to Run” laws, the answer is no. And neither does Gov. Rick Scott, despite the fact he’s running for U.S. Senate.


Florida’s original “Resign to Run” law required a Florida officeholder to announce his or her resignation from their current office as of the day they'd be sworn into their new state or local office — whether they win or lose.

For example, Orange County Sheriff Jerry Demings and Commissioner Pete Clarke, both running for Orange County mayor, had to announce their resignations as of Dec. 4, the day one of them would be sworn in as mayor. Demings won and Clarke lost, but both will be gone from their current positions on Dec. 4.

But it didn't affect officeholders running for federal races — until this year, when Gov. Rick Scott signed a law extending it to running for Congress or Senate (or president, as it refers to any federal office).

There are several loopholes though. If he defeats U.S. Sen. Bill Nelson, Scott’s term as senator would begin Jan. 3 despite the final day of his term as governor coming five days later on Jan. 8

Even though the terms overlap, he didn’t have to announce his resignation as of the day he'd be sworn in, as Demings did, because the new law doesn’t require a resignation if both offices will be decided in the same election. If he won, Scott would then have the option of resigning early as governor or waiting until Jan. 9 to be sworn into the Senate.

Former Gov. Bob Graham resigned three days before the end of his term in 1987 to be sworn into the Senate, as waiting even just a few days affects a senator’s seniority. Lt. Gov. Wayne Mixson became governor for three days.

Rep. Ron DeSantis resigns from Congress to focus on race for governor

Rep. Ron DeSantis has resigned to concentrate on his campaign for governor against Andrew Gillum, his Democratic opponent.

As for DeSantis, it’s the reverse. His congressional term ends before he'd be sworn in as governor, so there’s no overlap and the Resign to Run law doesn't affect him either.

The only people affected by making Resign to Run extend to federal offices are state senators or statewide Cabinet officials, in the middle of their 4-year terms, who'd want to ditch their office and run for Congress instead. They'd have to resign halfway through.

Only a few states have such laws, including Texas, where the state passed a loophole in 1960 so U.S. Sen. Lyndon Johnson could run for vice president and for reelection simultaneously. U.S. Sen. Joe Lieberman could do the same in 2000.

Other states were not as strict. In New Jersey, officeholders could run for — and serve — as mayors and state legislators simultaneously until the laws were changed in the 2000s.

DeSantis’ seat will remain vacant until Jan. 3, when the winner of the race between Democrat Nancy Soderberg and Republican Michael Waltz will be sworn in.

slemongello@orlandosentinel.com, 407-418-5920 or @stevelemongello