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TAMPA - Political insiders have speculated for weeks on whether Hillsborough County Commissioner Pat Frank would stay in the race to replace Richard Ake as Clerk of the Circuit Court in November.
Frank silenced the whispers Tuesday by submitting a written resignation from her commission seat, a required step before she can officially run for clerk. The resignation, effective Nov. 16, is irrevocable.
"Ready to rock and roll," said Frank, 74, a Democrat.
Frank has two years left in her commission term. The timing of her resignation means that people who want to replace her as a commissioner can run for the seat in the November general election, an elections official said.
Frank said it was important for her to have the seat filled by election rather than having a Republican governor appoint a replacement.
"The law and subsequent Election(s) Commission opinions make it clear that by my resigning today, I am providing the voters the opportunity to vote for my replacement," Frank said in a written statement. "It was important to me that my successor be elected and not appointed."
State law requires candidates for office who already hold an elective post to resign from their current job at least 10 days before the qualifying period, which begins at noon July 12. However, the resignation can be made effective either when they would take office if they win the seat they are seeking, or when their replacement would take office, whichever is sooner.
In this case, commissioners take office sooner.
The Florida Constitution says that the governor has the power to fill a vacancy to state or county office if fewer than 28 months remain in the term.
Though Frank's vacancy is post-dated, by tendering it now Frank averts a governor's appointment, according to a Division of Elections opinion she provided from August 2000.
Dan Nolan, Hillsborough Supervisor of Elections operations chief, said his unofficial research confirms Frank's read of the state law.
However, to be sure, he will submit a formal notification to the state Division of Elections to get an official green light on holding an election for Frank's replacement.
Frank's resignation further increases the chances for a makeover of the commission in the November election. Now, four of seven seats will be up for election, including two open at-large seats, which includes Frank's.
Currently, Democrats hold a narrow 4-3 majority on the commission.
Already, six people have filed to run for the commission seat Frank has held for almost six years. They include Democrats Denise Layne and John Pilley, and Republicans Bob Blair, Jim Davison, Deb Oxley and Mark Sharpe.
In the clerk's race, Frank faces a fellow Democrat whom Ake has already endorsed, his office general counsel, Helene Marks, as well as Republicans Jim Downum, Stephen Hall, Chris Hart and Bob Zegota.
- Bill Varian can be reached at varian@sptimes.com or 813 226-3387.