Fact Sheet: Resign-to-Run Law and Vacancy Timelines

The following is provided for informational purposes and not to be deemed a legal opinion. Candidates or officeholders are encouraged to obtain independent counsel regarding these provisions.

Florida’s “Resign-to-Run" law (F.S. 99.012) requires certain elected officials who seek another elected office to submit a resignation, if the terms or parts of the terms of both offices run concurrently with each other. Florida law (F.S. 100.111) separately outlines the mechanisms to determine how vacancies are filled:

• If a vacancy occurs with 28 months or more remaining in the term, an election to fill the vacancy is held at the next scheduled general election.
• If a vacancy occurs with fewer than 28 months remaining in the term, the Governor has the authority to either:
  • Appoint a replacement to fill the remainder of the term; or
  • Call for a Special Election to fill the remainder of the term.

Local Supervisors of Elections do not have the authority to call for a special election when a vacancy occurs with fewer than 28 months remaining in the term. While Orange County Charter contains provisions related to vacancies, they are preempted by Florida’s Election Code to the extent that they are inconsistent with the Florida Statutes.

How Vacancies Impact Upcoming Orange County Elections

Orange County Clerk of Courts Tiffany Moore Russell and District 3 Commissioner Mayra Uribe are currently elected officials serving in their respective offices while also being declared candidates for the office of Orange County Mayor. Both officeholders will continue to serve in their roles until their effective resignation dates, which are as follows:

Orange County Clerk of Courts Tiffany Moore Russell

• Resignation letter received: Tuesday, May 26, 2026
• Effective resignation date: Monday, August 31, 2026

Because this vacancy will occur with 28 months or more remaining in the term, a special election will be held to fill the remainder of the term. The special election will run concurrently with the August 18 Primary and November 3 General Elections.  

Orange County District 3 Commissioner Mayra Uribe

• Resignation letter received: Wednesday, May 27, 2026
• Effective resignation date: Monday, December 7, 2026

If the vacancy is determined as occurring with fewer than 28 months remaining in the term, the District 3 Commission race remains a part of the 2028 election cycle. Under that circumstance, State law gives the Governor the authority to either appoint a replacement or call for a special election to fill the remainder of the term. Should the Governor’s Office direct the Orange County Supervisor to hold a special election in lieu of appointment and should that instruction be received prior to the commencement of qualifying on June 8, 2026, the special election for that office would also run concurrently with the August 18 Primary and November 3 General Elections.  If such a direction is not received, the office will be filled per the Governor’s subsequent appointment or later call for a separate special election.

The Orange County Supervisor’s Office has not received any other “Resign-to-Run” letters to date.  In the event that any other letter is received, this advisory will be updated to ensure the most recent information is made available to the public.

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About the Orange County Supervisor of Elections: The Orange County Supervisor of Elections Office works year-round to uphold fair and secure elections, strengthen public trust in the process and encourage active participation in democracy. Elected in 2024, Orange County Supervisor of Elections Karen Castor Dentel is dedicated to bringing democracy to life through increased access, enhanced voter education and efficient election administration.