§ 99.012 Restrictions on individuals qualifying for public office.
Overview of Statute
(1) As used in this section:
(d) The resignation must be effective no later than the earlier of the following dates:
(6) This section does not apply to:
s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s. 1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79-391; s. 47, ch. 81-259; s. 1, ch. 83-15; s. 28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch. 2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40.
The 10 day notice of resignation allows the qualifying officer to open qualifying for the office during the regular qualifying period, if that office was not otherwise scheduled for election. However, if an officer does not submit his or her resignation at least 10 days prior to the first day of qualifying and still wishes to qualify for another office, he or she may submit a resignation effective immediately and therefore qualify as a non officeholder.
Several states allow persons to run for two federal offices, such as vice-president and U.S. Senator or vice-president and U.S. House of Representatives. Candidates from other states, such as Republican Congressman Paul Ryan in 2012 who ran for re-election to the U.S. House of Representatives, and for vice-president. By contrast, in Florida in 2016, U.S. Senator Marco Rubio, whose term is up in 2016, announced his intent not to run for Senate re-election as he announced his intent to run for president on April 13, 2015. In states such as Wisconsin, Texas and Connecticut, candidates have run for re-election to Congress and vice-president at the same time.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Public Office
Any federal, state, county, municipal, school, or other district office or position which is filled by vote of the electors. Fla. Stat. § 97.021(32).
3. Definition for Public Office
A state, county, municipal, or school or other district office or position that is filled by vote of the electors. Fla. Stat. § 97.021(32).
4. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
5. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
7. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Diaz v. Lopez
Citation: 167 So.3d 455
Case Summary: Diaz v. Lopez held that an interim mayor was disqualified as a candidate for mayor under Florida's resign-to-run law.
Case Name: Lewis v. City of Tampa
Citation: 64 So.3d 143
Case Summary: Lewis v. City of Tampa held that a mayoral candidate's filing of Oath of Candidate form did not automatically resign him from his position as police captain.
Case Name: Ruiz v. Farias
Citation: 43 So.3d 124
Case Summary: Ruiz v. Farias held that an overlap between a City Council member's expiring term of office and her term of office if she were to be elected to the Florida House of Representatives did not trigger Florida's resign-to-run law.
Case Name: Chalifoux v. Sanchez
Citation: 991 So.2d 432
Case Summary: Chalifoux v. Sanchez held that someone not registered as a Republican could enforce Florida's resign-to-run against a Republican.
Case Name: Varn v. Vasilinda
Citation: 985 So.2d 1241
Case Summary: Varn v. Vasilinda held that a candidate for the Florida House of Representatives failed to comply with the resign-to-run law by failing to timely remove himself from his position on the Leon County School Board.
Regulations & Guidance
Am. Jur. 2d Public Officers and Employees s 63, Statutory and other codified provisions
24 Florida Practice Series s 15:20, Form for judicial candidate’s oath (per Fla. Stat. sec. 105.031)
Fla. Jur. 2d Civil Servants and Other Public Officers and Employees s 16, Qualifying to run for more than one office; resignation to run
Fla. Jur. 2d Counties and Municipal Corporations s 140, Vacancies
Fla. Jur. 2d Elections s 82, Resignation from present office