'Troubling and illegal': ACLU sues DeSantis for failing to hold special elections

Florida's chapter of the American Civil Liberties Union is suing Republican Gov. Ron DeSantis for failing to call special elections for two empty state legislature seats.

The ACLU filed its lawsuit Thursday on behalf of voters in Brevard and Santa Rosa counties, according to the organization. The vacancies arose when state Rep. Joel Rudman and state Sen. Randy Fine announced their upcoming resignations on Nov. 25 and Nov. 26, respectively, to run in special congressional elections after Republicans Matt Gaetz and Mike Waltz were tapped for President-elect Donald Trump's Cabinet.

Rudman’s resignation took effect Jan. 1, and the ACLU said his constituents now have no representation in the state Legislature. Fine’s resignation will take effect March 31 — about halfway through the legislative session, the organization noted.

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The voters say DeSantis violated his duty to hold special elections for vacant seats under the state's constitution and laws.

Plaintiff Christina Forrest, of Navarre, said 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."

Florida governors in the past have acted within a week of a resignation, the ACLU said.

The ACLU in that state sued DeSantis two years ago after he didn’t call for an election for a vacant state House seat in Miami-Dade County.

“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,” Nicholas Warren, staff attorney for the organization, said in a news release.