Florida’s resign-to-run law challenged in Leon County lawsuit

TALLAHASSEE, Fla. (WCTV) - Lake County Commissioner Anthony Sabatini filed a lawsuit Thursday morning challenging Florida’s resign-to-run law, arguing the statute unconstitutionally forces elected officials to give up their current office when seeking another position.

Sabatini filed the complaint in Leon County Circuit Court against Florida Secretary of State Cord Byrd and Governor Ron DeSantis. The lawsuit seeks to block enforcement of Florida Statute 99.012(4)(f), a provision of Florida’s resign-to-run law.

The statute states that an officeholder who qualifies for another office with an overlapping term must submit a resignation letter before qualifying. Failure to do so constitutes an “automatic irrevocable resignation” from the office currently held.

Sabatini, who represents District 1 on the Lake County Commission, said in the complaint that he intends to qualify as a candidate for another public office. His current commission term expires in November 2028, while the term for the office he seeks begins in January 2027.

The lawsuit argues the resign-to-run statute violates the Florida Constitution. According to the complaint, Article X, Section 3 lists the circumstances under which a vacancy in office occurs, and qualifying as a candidate for another office is not among them.

The complaint also claims the statute violates constitutional provisions governing executive powers and county commissioners because it shortens the fixed term of an elected official and creates a new mechanism for forfeiture of office through state statute.

The lawsuit notes that several states have resign-to-run requirements, but place them in their state constitutions rather than in statute.

Sabatini said he did not submit a resignation letter and has not voluntarily resigned from his county commission seat.

Along with the complaint, Sabatini filed an emergency motion seeking a temporary restraining order and temporary injunction. He is asking the court to declare the statute unconstitutional and prevent state officials from enforcing the automatic resignation provision while the case proceeds.

As of Thursday afternoon, neither the Governor’s Office nor the Florida Department of State had filed a response to the lawsuit.

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