Florida Legislature Passes Bill Eliminating the “Resign to Run” Law for President and Vice-President

On April 28, the Florida House passed SB 7050, so it is now through the legislature. It says that the “resign to run” law does not pertain to presidential and vice-presidential candidates. Therefore, Governor Ron DeSantis will be free to run for president, without having to fear that if he ran and did not get elected, he would be forced to resign as Governor on January 20, 2025.

Alaska Supreme Court Says Special U.S. House Election of August 2022 Should Have Had Four Candidates, Not Three

On April 28, the Alaska Supreme Court issued an opinion in Guerin v State Division of Elections, S18457. That case concerned the special election for U.S. House that was held on August 16, 2022. The special election was needed because the incumbent U.S. House member for Alaska had died in early 2022.

After the special primary in June 2022, the candidate who had placed third, Al Gross, an independent, withdrew from the special general election. The Division of Elections let him withdraw (even though he arguably withdrew too late) but didn’t let the fifth-place finisher replace him. So the special general election only had three candidates, not four as would normally be the case in Alaska’s top-four system.

The lawsuit had been filed before the special general election by supporters of the candidate who had placed fifth in the special primary. They argued that he should have been included in the special general election. The decision surprised everyone, because it takes a position that had not been argued by either side. The Court said the state should not have let Al Gross withdraw, and that has name should have remained on the special general election. So the fifth place finisher did not deserve to be on the special general election ballot. Thanks to Ken Jacobus for this news.

Florida House Passes Proposed Constitutional Amendment to Require Initiatives to Pass with 66.67% of Vote

On April 28, the Florida House passed HJR 129, which requires statewide initiatives to get 66.67% of the vote in order to pass. If the Senate also passes it, the voters would vote on the idea in November 2024. All Republicans voted “yes” and all Democrats voted “no.”

All statewide initiatives in Florida are constitutional amendments. There is no Florida procedure for an initiative to merely amend or create a statute. Current law requires them to get 60% in order to pass.