Washington Examiner

ACLU sues DeSantis over special election neglect.

The ACLU Files Lawsuit Against Gov. Ron DeSantis for Failing to Schedule Special Election

The American Civil Liberties Union (ACLU) has taken legal action against Gov. Ron DeSantis (R-FL) for his failure to arrange a special election to fill the vacant seat of former state Rep. Juan Alfonso Fernandez-Barquin, a Republican.

In June, DeSantis appointed Fernandez-Barquin as the clerk of the court and comptroller for Miami-Dade County, leaving the 118th House District seat unoccupied.

ACLU Highlights Governor’s Inaction

The ACLU’s lawsuit emphasizes that the seat has remained vacant for over 30 days, stating, “The governor’s inexplicable period of inaction is longer than any of his predecessors in known history.”

According to the complaint, between 1999 and 2020, there were 65 vacancies in Florida that took an average of 7.6 days for the governor to call for a special election. The complaint also points out that DeSantis has promptly called for special elections in the past.

Florida’s interim committee weeks for the 2024 legislative session are set to begin in September, which means that the residents of the 118th House District could potentially be without representation during that period, as noted by the ACLU.

The ACLU accuses DeSantis of attempting to deny the residents of House District 118 their constitutionally protected voice in the Capitol, stating that he has failed to fulfill his duty as required by law.

The Lawsuit’s Demands

The lawsuit requests that the Leon County Circuit Court issue a writ of mandamus, compelling DeSantis to schedule a special election. The general election is proposed to be held “no later than November 21, 2023.”

As of now, neither the ACLU nor DeSantis has responded to requests for comment from the Washington Examiner.

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