Because of Gov. Ron DeSantis’ delay in announcing special election dates to fill two vacancies in the Florida Legislature, voters in parts of Palm Beach and Hillsborough counties will not have representation in Tallahassee when the regular legislative session begins in January.
That situation could not occur under a bill filed in the Florida Senate on Wednesday.
The proposal (SB 460) by Democratic Sen. Tina Polsky, who represents parts of Broward and Palm Beach counties, says that whenever there is a vacancy for which a special election is required, the governor would be required to fix the dates of a special primary and general election within 14 days after the vacancy occurs.
The bill also says that if a vacancy occurs in the office of a member of the Senate or House less than 126 days before the first day of the regular legislative session, the governor must within five days set those election dates. The dates set must provide for at least two weeks between the special primary election and special general election and “must ensure that both elections are held before the first day of the regular legislative session to prevent a lapse in representation.”
The measure says that if the governor fails to set those election dates in the time proscribed, “any qualified elector” living in the affected district may file a petition in circuit court to set those election dates.
DeSantis selected then-state Sen. Jay Collins from Florida’s Senate District 14 to become his lieutenant governor on Aug. 12. He did not announce the special election dates to choose his successor until Oct. 24, some 73 days later.
The governor selected Rep. Mike Caruso, R-Palm Beach, to serve as the Palm Beach Clerk of the County Court on Aug. 18. He did not announce the special election dates for Caruso’s House District 87 seat until Oct. 24, 67 days after the seat became vacant.
In both cases, the primary elections are set for Jan. 13, 2026, the day the 2026 regular legislative starts. The special elections in both districts are scheduled for March 24, 2026. That’s more than a week after the session is scheduled to conclude on March 13.
The ACLU of Florida filed a lawsuit in late September regarding the governor’s failure at that point to announce election dates for the Senate District 14 seat.
“I’m not sure why the governor proves himself repeatedly unwilling to call timely special elections,” said Nicholas Warren, staff attorney for the ACLU of Florida, in a press release issued on Sept. 30. “His predecessors like Jeb Bush and Rick Scott always acted swiftly to ensure citizens retained their voice in government. Governor DeSantis’ refusal to follow their example is not just concerning, it’s also against the law.”
The civil liberties group filed a lawsuit on behalf of Santa Rosa and Brevard county voters in January, after state Rep. Joel Rudman and state Sen. Randy Fine vacated their seats to run for Congress. The lawsuit noted that DeSantis had not set special election dates more than six weeks after the lawmakers announced their resignations.
A House companion to Polsky’s measure has not yet been introduced.
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