TALLAHASSEE, Fla. (WCTV) – Lake County Commissioner Anthony Sabatini filed a lawsuit Thursday morning challenging Florida\u2019s resign-to-run law, arguing the statute unconstitutionally forces elected officials to give up their current office when seeking another position.<\/p>\n
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\u2019s resign-to-run law.<\/p>\n
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 \u201cautomatic irrevocable resignation\u201d from the office currently held.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
The lawsuit notes that several states have resign-to-run requirements, but place them in their state constitutions rather than in statute.<\/p>\n
Sabatini said he did not submit a resignation letter and has not voluntarily resigned from his county commission seat.<\/p>\n
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.<\/p>\n
As of Thursday afternoon, neither the Governor\u2019s Office nor the Florida Department of State had filed a response to the lawsuit.<\/p>\n
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