ACLU Sues Governor DeSantis for Failing to Call Special Elections for Vacant Legislature Seats

 ACLU Sues Governor DeSantis for Failing to Call Special Elections for Vacant Legislature Seats

AP Photo/Charles Krupa

The Florida chapter of the American Civil Liberties Union (ACLU) filed a lawsuit Thursday against Republican Governor Ron DeSantis, accusing him of failing to call special elections for two vacant state legislature seats, leaving constituents without representation.

The lawsuit, filed on behalf of voters in Brevard and Santa Rosa counties, stems from the resignations of state Rep. Joel Rudman and state Sen. Randy Fine. Both announced their upcoming departures on November 25 and 26, respectively, to run in special congressional elections following the appointments of Republicans Matt Gaetz and Mike Waltz to President-elect Donald Trump’s Cabinet.

Rudman’s resignation took effect on January 1, leaving his constituents unrepresented in the state House. Fine’s resignation will take effect on March 31, midway through the legislative session. The ACLU argues that DeSantis’s inaction violates the Florida Constitution and state law, which require timely special elections to fill legislative vacancies, reported AP News.

Christina Forrest, a plaintiff from Navarre, criticized DeSantis’s delay. “The Santa Rosa community has a right to full representation in the Legislature; the governor’s refusal to call a special election deprives us of that right, breaking with decades of precedent. It’s undemocratic and wrong,” she said.

Ron DeSantis
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Historically, Florida governors have acted swiftly to ensure vacant seats are filled. According to the ACLU, previous governors, including Jeb Bush and Rick Scott, typically called special elections within a week of a resignation.

Nicholas Warren, a staff attorney for the ACLU, echoed this sentiment in a statement. “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,” he said.

This isn’t the first time the ACLU has sued DeSantis over legislative vacancies. Two years ago, the organization filed a similar lawsuit after DeSantis failed to call a special election for a vacant state House seat in Miami-Dade County.

The lawsuit highlights the potential consequences of DeSantis’s inaction, particularly as the state Legislature prepares for its upcoming session. The ACLU contends that the governor’s delay undermines democratic principles and denies Floridians their constitutional right to representation.

As the case unfolds, voters and legal experts alike will be watching closely to see whether the courts compel DeSantis to uphold his constitutional duty and call the long-overdue special elections.

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