WEST PALM BEACH, Fla. — On Thursday, the American Civil Liberties Union initiated a lawsuit against Florida Governor Ron DeSantis, claiming he has not met his constitutional duty to call for special elections to fill vacant seats in both the state House and Senate.
These vacated positions were left open by state Rep. Joel Rudman and state Sen. Randy Fine, who both resigned in November to pursue congressional bids. Their resignations came in response to President-elect Donald Trump’s selection of U.S. Representatives Matt Gaetz and Mike Waltz for Cabinet roles.
Following the resignations of Gaetz and Waltz, DeSantis quickly scheduled special elections for the congressional positions, setting a primary date of January 28 and a general election for April 1. However, he has not yet established timelines for the elections to fill the state-level vacancies.
“It is perplexing why the governor is delaying the call for special elections. In the past, governors from Jeb Bush to Rick Scott acted swiftly to ensure the public’s voice remained heard in governance. DeSantis’s ongoing inaction is both concerning and, legally speaking, unacceptable,” remarked Nicholas Warren, an attorney with the ACLU of Florida.
When approached regarding the legal action, the governor’s office directed inquiries to the Florida Department of State, which has not provided an immediate statement.
According to Florida law, state lawmakers are required to resign if they intend to run for open congressional positions, and these vacancies must be filled via special elections.
Rudman’s resignation became effective on January 1, while Fine’s will take effect on March 31, coinciding with the start of the state legislative session.
This isn’t the first time DeSantis has faced legal pressures regarding special elections. In 2021, he was taken to court over a delay in scheduling a special election for a Democratic congressional district in South Florida, prompting him to announce an election date nine months after the passing of U.S. Rep. Alcee Hastings.
More recently, in 2023, the ACLU filed a lawsuit against DeSantis concerning another special election in a Miami-Dade County House district. Shortly after the lawsuit was filed, he announced an election date for that district as well.
In the ongoing political contest, Rudman is challenging to replace Gaetz, who is facing stiff competition from various candidates, including state Chief Financial Officer Jimmy Patronis, who has the endorsement of Trump.
Likewise, Fine is running for the seat vacated by Waltz, who is set to enter the Trump administration as a national security adviser. Gaetz recently withdrew his nomination for attorney general amidst criticisms from both parties tied to personal scandals.
The House Ethics panel has since released findings alleging that Gaetz engaged in misconduct, which encompasses serious accusations such as paying for sex with a 17-year-old and possessing illegal drugs.
Currently, Gaetz, who hosts a show on One America News Network, indicated during a recent broadcast that he is contemplating a run for governor after DeSantis completes his second and last term.
