Gov. Ron DeSantis is the subject of a lawsuit stemming from him not holding a special election to fill the vacant state Senate seat vacated by Lt. Gov. Jay Collins.
The lawsuit was filed in Leon County Circuit Court by the American Civil Liberties Union of Florida on behalf of Cort Lippe, who lives in South Tampa.
Lippe wrote in the lawsuit, “Tampa deserves full representation in the Legislature. By refusing to call a special election, the governor is denying us that right and ignoring decades of established precedent. It’s illegal and wrong.”
The suit claims DeSantis violated his duty under the Florida Constitution to call a special election, which historically has taken place shortly after the seat became vacant. The lawsuit says this has "effectively disenfranchised" voters in Senate District 14, which includes South Tampa, West Tampa, Town N' Country and Lutz.
The lawsuit reads in part: "Since January 1, 1999, there have been 80 vacancies in congressional and legislative offices in Florida filled by special election. For the 65 vacancies arising between 1999 and 2020, it took, on average, 7.6 days for the governor to call a special election after the vacancy arose. In over 25 instances, the governor took fewer than five days to call the election."
The ACLU filed similar lawsuits when DeSantis failed to call elections for vacant legislative seats in Northwest Florida, Brevard County and Miami-Dade County this year and in 2023. The governor only set the elections after the lawsuits were filed.
"I’m not sure why the governor proves himself repeatedly unwilling to call timely special elections," Nicholas Warren, staff attorney for the ACLU of Florida, said in a prepared statement.
"His predecessors like Jeb Bush and Rick Scott always acted swiftly to ensure citizens retained their voice in government. Governor DeSantis’s refusal to follow their example is not just concerning, it’s also against the law."
Collins was named lieutenant governor on Aug. 12, filling the vacancy left by Jeanette Nuñez, who resigned in February to become interim president of Florida International University.
Collins was elected to the state Senate in 2022, beating out incumbent Democrat Janet Cruz in what was a newly reshaped district.
