If a President Resigns Can They Run Again?
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Resign-to-run laws require officeholders to resign from their current office in society to run for another. Nationwide, five states accept resign-to-run laws—Arizona, Florida, Georgia, Hawaii, and Texas.[1]
Proponents of these requirements argue that officeholders should non divide their time in part between their official duties and their personal advancement. In add-on, proponents worry that, absent these laws, officeholders can unfairly leverage their present position against other candidates, while retaining that position every bit a fallback. Opponents, on the other paw, worry that the laws disproportionately event those for whom public service is a total-time job. For these individuals, quitting their present position to campaign may not exist a financially viable pick.[2] [iii]
States
Arizona
Title 38, Article vi, Department 296 of the Arizona Revised Statutes states:
| A. Except during the terminal yr of the term being served, no incumbent of a salaried elective office, whether holding by ballot or appointment, may offer himself for nomination or election to any salaried local, state or federal role. B. An incumbent of a salaried elected role shall be deemed to have offered himself for nomination or election to a salaried local, state or federal office on the filing of a nomination paper pursuant to section 16-311, subsection A. An incumbent of a salaried elected office is not deemed to have offered himself for nomination or election to an office by making a formal declaration of candidacy for the office. |
*Annotation: Changes passed past the legislature in 2013 allow elected officials to publicly announce their candidacy for another office. Previously, they had to hide their intentions from voters, every bit they would have had to resign upon formally announcing candidacy for a dissimilar part. Now they do non have to resign their current office unless they file formal nominating papers and are non in their final twelvemonth of function.[4] The text higher up reflects these changes.
Florida
Title IX, Chapter 99, Section 99.012 of the Florida Statutes states:
| (iii)(a) No officeholder may authorize equally a candidate for another country, district, county, or municipal public function if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds. (b)The resignation is irrevocable...(7) Cypher contained in subsection (3) relates to persons belongings any federal function or seeking the office of President or Vice President. |
Georgia
Article Two, Section II, Paragraph 4 of the Georgia Constitution states:
| The office of any country, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or full general ballot, or special primary or special election, for another country, county, or municipal elective office or qualifying for the Firm of Representatives or the Senate of the United States if the term of the role for which such official is qualifying for begins more than 30 days prior to the expiration of such official's nowadays term of office. |
Hawaii
Commodity Two, Section 7 of the Hawaii Constitution states:
| Any elected public officeholder shall resign from that office earlier being eligible as a candidate for another public office, if the term of the office sought begins before the end of the term of the role held. |
In Cobb v. State by Watanabe the Hawaii Supreme Court clarified Section 7:
| The question raised by this original proceeding is whether commodity Two, department vii of the Hawaii State Constitution requires Plaintiff Steve Cobb to resign his State Senate seat in club to get a candidate for the Us House of Representatives...Nosotros cannot say with whatsoever certainty that the drafters of article Two, department seven intended for it to apply to candidates for federal offices. In view of the incertitude, we conclude that Cobb should not have to resign from the State Senate in order to run for Congress. |
Texas
Article 16, Department 65 of the Texas Constitution states:
| (a) This department applies to the following offices: Commune Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; Canton Treasurers; Criminal Commune Attorneys; County Surveyors; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables. (b) If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Ballot, for any office of profit or trust nether the laws of this Land or the Usa other than the office so held, at whatsoever time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office and then held, and the vacancy thereby created shall exist filled pursuant to police in the aforementioned mode as other vacancies for such office are filled. |
*Note: In 2011, Texas voters approved Proposition x amending this department. The text above reflects these changes.
See too
- Elections
- Election calendar
- Election results
Footnotes
- ↑ Las Vegas Sun, "For politicians, less take a chance in testing waters," March xv, 2011
- ↑ PennLive.com, "Reform advocates call for resign-to-run law," May sixteen, 2010
- ↑ Texas House Research Organisation, "Focus Study for Amendments Proposed in November eight, 2011 Election," July 20, 2011
- ↑ AzCapitolTimes.com, "Changes in Arizona's resign-to-run police force unmuzzle candidates," September 19, 2013
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