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Special election will pick Matt Gaetz replacement, not Ron DeSantis | Fact check

BrieAnna J. Frank   Paste BN
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The claim: Matt Gaetz’s resignation allows DeSantis to appoint someone to his seat

A Nov. 13 Facebook post (direct link, archive link) claims to explain how a newly vacant congressional seat will be filled in Florida.  

“Just in: Matt Gaetz has resigned from Congress effective immediately so that a special election will take place to fill his seat,” reads the text on the image, which is a screenshot of a post on X, formerly Twitter. “This will give Ron DeSantis the ability to appoint someone to the seat by the January 3 deadline.”  

It was shared more than 200 times in a week. Other versions of the claim circulated on Threads and X.  

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Our rating: False

In addition to contradicting itself by simultaneously claiming the Gaetz vacancy will be filled by election and appointment, the post is wrong about appointment playing a role. The Constitution requires House vacancies be filled through an election, not an appointment. Florida Gov. Ron DeSantis has called for an election. He cannot appoint Gaetz's successor.

DeSantis can appoint replacements for Senate vacancies

President-elect Donald Trump named Gaetz, a Florida Republican, as his pick for attorney general on Nov. 13, drawing criticism from both Democrats and Republicans. 

Gaetz announced his resignation from Congress that same day, which also ended a House Ethics Committee investigation into allegations that he engaged in sexual misconduct and illicit drug use. Gaetz has denied any wrongdoing.  

But contrary to the post's claim, Gaetz’s seat won’t be filled by a DeSantis appointment.  

The Constitution says House vacancies must be filled through elections, which the “executive authority” of the state – DeSantis, in this case – must order. Florida law further requires a special election to take place if a House seat is vacated.

The Florida Department of State reiterated as much in a Nov. 15 X post. 

DeSantis instructed Florida Secretary of State Cord Byrd to schedule special elections to determine successors for both Gaetz and Rep. Michael Waltz, Paste BN Network-Florida reported. Trump selected Waltz to serve as his national security advisor.

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House Speaker Mike Johnson, a Louisiana Republican, said the timing of Gaetz’s resignation meant that his seat could be filled by the time the chamber elects a speaker on the first day of the new Congress on Jan. 3, Politico reported. Johnson won the GOP nomination to continue serving as speaker in November.

DeSantis can appoint a replacement for Florida Sen. Marco Rubio, whom Trump picked as his secretary of state, when he leaves office to take up his new position. The governor said Rubio's successor will likely be known by early January.  

Paste BN previously debunked a claim that South Carolina Republican Sen. Lindsey Graham announced he wouldn’t vote to confirm Gaetz as attorney general.  

Paste BN reached out to the user who shared the post for comment but did not immediately receive a response.

Reuters also debunked the claim.  

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