Fact Check: Governor Ron DeSantis Did Not Delay Florida's Special Elections

False claim circulates on social media due to lack of understanding in Florida and U.S. laws on special elections.

Nov 23, 2024

∙ Paid

Claim: Governor Ron DeSantis is intentionally delaying Florida's special elections.

Rating: False.

Context:

Following the resignations of Matt Gaetz and other legislators from Florida, DeSantis instructed Secretary of State Cord Byrd to formulate and announce a schedule for the upcoming special elections immediately.

Special elections are governed by federal and state laws that provide specific dates and deadlines for local election officials to conduct special elections.

Requirements for a special election include minimum periods of time for qualifying, primaries, mail & early voting, and general elections.

Florida law also requires that vote-by-mail ballots be sent to overseas military 45 days before the primary election AND another 45 days before the general election.

False Rumor

A rumor circulated on November 22, 2024, that Governor Ron DeSantis of Florida intentionally delayed the Florida Congressional District 1 special elections following the resignation of former Rep. Matt Gaetz.

Examples include:

A user on 𝕏 posted (Archive), “Ron DeSantis has set the special election for Matt Gaetz’s House seat for April instead of January. Why would he hurt the GOP’s majority?”
Another user on 𝕏 posted (Archive), “Why would Ron DeSantis set the special election for Matt Gaetz’s House seat for April when he could have done it in January? Matt resigned early specifically so the House would go without a vacancy. Why exactly would DeSantis choose to handicap the House until April when there are already campaigns up and running for this seat?”
Another user on 𝕏 posted (Archive), “BREAKING: Ron DeSantis plans to set the special election to replace Matt Gaetz in April 2025 so his Chief of Staff James Uthmeier can run DeSantis can set it up for as early as January. He's sabotaging the GOP House Majority to get his puppet in charge.”
In response, another user on 𝕏 posted (Archive), “Because
@GovRonDeSantis is a snake. Why do people keep lying to themselves and pretending like he’s a good person? He’s the most evil person in politics in Florida.”

This rumor is completely false. The Florida Department of State has provided its timeline for the special election, and it is entirely consistent with federal and state laws.

Timeline of Special Election for CD 1 provided by the Florida Department of State (Archive)

Breakdown of the Timeline:

November 13, 2024: Matt Gaetz resigned from Congress (Archive).
November 14, 2024: Governor Ron DeSantis states, “I've instructed Secretary of State Cord Byrd to formulate and announce a schedule for the upcoming special elections immediately” via 𝕏 (Archive).
November 22, 2024: Governor DeSantis issues Executive Order 24-262 (Archive).
November 24, 2024: Advertisement of Notice of Election
1. Must be at least 10 days before Qualifying.
  1. § 100.141, Florida Statutes (Archive)
November 25, 2024: Last day to submit a notice of resignation
1. Anyone currently holding a public office needs to resign from it no later than 10 days before the first day of Qualifying.
  1. § 99.012, Florida Statutes (Archive)
2. Florida House of Representative members Michelle Salzman and Joel Rudman both announced their intention to run for Florida’s First Congressional District. Neither had resigned their current office as of November 21, 2024 (Archive).
December 5-6, 2024: Qualifying Period
1. One and one-half days starting at 8:00 a.m. on the first day and ending at noon on the second day.
  1. § 100.111(2)(a), Florida Statutes (Archive)
December 14, 2024: Vote-by-mail ballots sent to Absent Stateside and Overseas Military and U.S. Civilians
1. Begins 45 days before an election
December 19, 2024: Vote-by-mail ballots sent to domestic voters
1. The seven-day window starts 40 days and ends 33 days before an election.
  1. § 101.62 (3), Florida Statutes (Archive)
December 30, 2024 Book Closing for Special Primary
January 18-25, 2025: Early Voting
1. The eight-day mandatory window starts 10 days before an election and ends the Saturday before election day.
  1. § 101.657(1)(d), Florida Statutes (Archive)
January 28, 2025: Special Primary Election Day
February 11, 2025: Deadline for Elections Canvassing Commission to certify results of Special Primary Election
1. 14 days after Special Primary
  1. § 100.191, Florida Statutes (Archive)
  2. § 102.111(2), Florida Statutes (Archive)
February 15, 2025: Vote-by-mail ballots sent to absent stateside and overseas military and U.S. civilians
1. Begins 45 days before an election
February 20, 2025: Vote-by-mail ballots sent to domestic voters
1. The seven-day window starts 40 days and ends 33 days before an election.
  1. § 101.62(3), Florida Statutes (Archive)
March 3, 2025: Book Closing for Special Primary
March 22-29, 2025: Early Voting
1. The eight-day mandatory window starts 10 days before an election and ends the Saturday before election day.
  1. § 101.657(1)(d), Florida Statutes (Archive)
April 1, 2025: Special General Election Day

Comments from the State of Florida

Cord Byrd - Florida Secretary of State

Cord Byrd commented, “This Special Election is being conducted as quickly as statutorily possible. We are committed to ensuring this election is held as soon as we are allowed to hold it by state law. This special election will be faster than we have ever done before.”

Christina Pushaw - State of Florida Communications Specialist

Christina Pushaw commented,

“Today, Governor DeSantis issued an Executive Order to hold a special election for U.S. Representative for FL-1. Florida law clearly states the requirements for holding a Special Election, including required timelines as detailed below. This election will be conducted as quickly as possible under Florida law. The primary election day will be January 28, and if a general election is necessary, the general will be April 1. FYI, FL-1 is a heavily Republican-leaning district. FL Secretary of State @CordByrd: ‘This Special Election is being conducted as quickly as statutorily possible. We are committed to ensuring this election is held as soon as we are allowed to hold it by state law. This special election will be faster than we have ever done before.’

Since a lot of the vocal critics don't even live in FL-1, I will inform you that district has a very high proportion of active-duty military voters. Many are deployed overseas currently. Florida law requires that VBM ballots be sent to overseas military 45 days before the primary election, AND another 45 days before the general election.”

Bryan Griffin - Communications Director for Governor Ron DeSantis

Bryan Griffin commented, “This is the fastest timeline for a special election allowed by state law. […] Florida law requires mandatory minimum periods of time for election procedures to occur. The below timeline from the Department of State lists those required minimum dates:”

Florida Statutes

§ 99.012, Florida Statutes: Restrictions on individuals qualifying for public office (Archive)

“(2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other.”

“(3)(c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek.”

§ 100.111(2)(a), Florida Statutes: Filling vacancy (Archive)

“The dates for candidates to qualify in such special election or special primary election shall be fixed by the Department of State, and candidates shall qualify not later than noon of the last day so fixed. The dates fixed for qualifying shall allow a minimum of 14 days between the last day of qualifying and the special primary election.”

§ 100.141, Florida Statutes: Notice of special election to fill any vacancy in office (Archive)

It reads, “The supervisor shall have the notice published two times in a newspaper of general circulation in the county at least 10 days before the first day set for qualifying for office or, for at least 10 days before the first day set for qualifying for office, publish notice on the county’s website as provided in s. 50.0311 or on the supervisor’s website.”

§ 100.191, Florida Statutes (Archive)

“All laws that are applicable to general elections are applicable to special elections or special primary elections to fill a vacancy in office or nomination. The Elections Canvassing Commission shall immediately, upon receipt of returns from the county in which a special election is held, proceed to canvass the returns and determine and declare the result thereof.”

§ 101.62(3) Florida Statutes: DELIVERY OF VOTE-BY-MAIL BALLOTS (Archive)

“(3) DELIVERY OF VOTE-BY-MAIL BALLOTS.—

(a) No later than 45 days before each presidential preference primary election, primary election, and general election, the supervisor of elections shall send a vote-by-mail ballot as provided in subparagraph (d)2. to each absent uniformed services voter and to each overseas voter who has requested a vote-by-mail ballot.

(b) The supervisor shall mail a vote-by-mail ballot to each absent qualified voter, other than those listed in paragraph (a), who has requested such a ballot, between the 40th and 33rd days before the presidential preference primary election, primary election, and general election.”

§ 101.657(1)(d), Florida Statutes (Archive)

“Early voting shall begin on the 10th day before an election that contains state or federal races and end on the 3rd day before the election.”

§ 102.111(2), Florida Statutes (Archive)

“The Elections Canvassing Commission shall meet at 8 a.m. on the 9th day after a primary election and at 8 a.m. on the 14th day after a general election to certify the returns of the election for each federal, state, and multicounty office. If a member of a county canvassing board that was constituted pursuant to s. 102.141 determines, within 5 days after the certification by the Elections Canvassing Commission, that a typographical error occurred in the official returns of the county, the correction of which could result in a change in the outcome of an election, the county canvassing board must certify corrected returns to the Department of State within 24 hours, and the Elections Canvassing Commission must correct and recertify the election returns as soon as practicable.”

Notes By Walt