Following a lawsuit filed by the Election Law Clinic, Governor Ron DeSantis called special elections for three majority-Black legislative districts, to be held in early 2022. On January 12, 2022, a spokesperson for House Speaker Chris Sprowls stated he would seat a newly elected representative after the vote is certified, two weeks into the legislative session.

BACKGROUND

Three majority-Black legislative districts will be left without representation in the 2022 legislative session unless Governor DeSantis fulfills his statutory duty to call special elections.  Following the death of Congressman Alcee Hastings (D-FL), three legislators submitted irrevocable resignations to run for his seat.  Governor DeSantis had failed to call a special election to fill the congressional vacancy for 30 days—longer than any Florida Governor has ever taken to call a special election in at least the past 22 years, and possibly ever in the history of the state.

Over 80 days after the state representatives submitted their resignations, Governor DeSantis had not called special elections to fill the looming vacancies. 

Since January 1, 1999, there have been 69 vacancies in congressional and legislative offices in Florida, each of which was required to be filled by 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.

On October 27, 2021, following the ELC lawsuit, Governor DeSantis finally called the special elections in SD33, HD88, and HD94.

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