Sep 30, 2025 - News

ACLU of Florida sues DeSantis over vacant Senate seat

Yacob Reyes

Photo illustration of Florida Governor Ron DeSantis with lines radiating from him. — Photo Illustration: Brendan Lynch/Axios. Photo: Tristan Wheelock/Bloomberg via Getty Images

The Florida chapter of the American Civil Liberties Union (ACLU) has filed a lawsuit against Gov. Ron DeSantis for not yet calling a special election for the state Senate seat left vacant by Lt. Gov. Jay Collins.

Why it matters: Residents of District 14 in Hillsborough County have been without representation in the state Legislature since the governor appointed Collins more than seven weeks ago.

And, as the lawsuit points out, state lawmakers will soon gather for committee work on Oct. 6, a prelude to the 2026 legislative session that kicks off Jan. 13.

Zoom in: The lawsuit, filed in Leon County Circuit Court, alleges that DeSantis has failed to "perform his statutory duty" to call a special election for District 14 and seeks to compel him to do so.

The ACLU also pointed to historical data: in 65 of 80 legislative and congressional vacancies in Florida from 1999 to 2020, governors called special elections within an average of about eight days.

The big picture: This isn't the first time DeSantis has stalled. In 2021, when three vacancies arose, DeSantis waited weeks to call a special election and only did so after a court order.

What they're saying: "The Legislature must enact mandatory deadlines for calling ... special elections," said Kara Gross of the ACLU of Florida, "so that no Floridian is deprived of representation longer than necessary."

The other side: The governor's office did not immediately respond to Axios' request for comment.

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ACLU of Florida sues DeSantis over vacant Senate seat

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