With the GOP’s presidential primary in its early stages, the fight is already starting to get nasty.
Florida Gov. Ron DeSantis hasn’t even declared a candidacy yet, and he was just hit with an ethics complaint from a familiar figure.
The mainstream media tried to pour gasoline on a smoldering competition between DeSantis and former President Donald Trump. NBC News ran a headline reading, “Ron DeSantis hit with an ethics complaint from Trump super PAC.”
Did Trump personally file an ethics complaint against DeSantis?
Not quite. But some of Trump’s donors did.
MAGA Inc., a Trump-supporting super PAC, filed a complaint with the Florida Commission on Ethics accusing Gov. Ron DeSantis, a leading potential 2024 primary rival, of violating campaign finance and ethics rules with a shadow run for the White House.
The 15-page complaint filed Wednesday asks the commission to investigate Florida’s Republican leader for allegedly “leveraging his elected office and breaching his associated duties in a coordinated effort to develop his national profile, enrich himself and his political allies, and influence the national electorate.”
It says DeSantis is “already a de facto candidate for President of the United States,” citing the governor’s meetings with donors, outreach by allies to potential staff and his courting of influential Republicans in early-voting states, among other efforts.
As part of a resign-to-run law, Florida’s elected officials need to resign before running for other offices, although some candidates have received exceptions.
The complainant accused the governor of exploiting strategic ambiguity to accept certain gifts. It cites the disclosure forms detailing the $12 million raised by the governor’s PAC, and it accuses the governor of making an unstated promise to resign.
“Anything of value solicited by or provided to him with the understanding that he will run for president or resign as Governor of Florida,” the complaint alleges. “Is illegal and must be investigated.”
The complaint asks the nine-member commission — five of whose members were appointed by DeSantis — to punish the governor by having him suspended from office, publicly censured or fined.
“It is no secret that Governor DeSantis aspires to national prominence,” the complaint says, according to the copy available online. “Governor DeSantis’s failure to declare his candidacy is no mere oversight; it is a coordinated effort specifically designed for him to accept, as unethical gifts, illegal campaign contributions and certain personal benefits that are necessarily intended to influence his official decision to resign from office under Florida’s resign-to-run law.”
DeSantis communications director Taryn Fenske dismissed the accusations and questioned the motives of the complaint. “Adding this to the list of frivolous and politically motivated attacks. It’s inappropriate to use state ethics complaints for partisan purposes,” she said in a statement.
With the media’s exaggerations aside, Trump has — in fact — stepped up his criticism of DeSantis, whom the ex-president’s campaign likely sees as his most serious rival for the 2024 GOP nomination. Trump has tried to belittle DeSantis with nicknames and has focused on the governor’s past policy positions, including Florida’s early COVID-19 restrictions and his votes on Social Security while he was a member of Congress.
Trump himself faced similar criticism before announcing his own candidacy in November, accused of violating federal campaign laws by raising and spending money for a run ahead of a formal 2024 campaign launch. He was never reprimanded or fined as a result.
While DeSantis has not yet formally announced a 2024 campaign, he is widely expected to do so after Florida’s legislative session ends in May. In the meantime, he has traveled to early-voting states to promote his new book and has met with donors. His team has held informal conversations with prospective campaign staff.
Ethics Commission spokesperson Lynn Blaise said the agency is not allowed to acknowledge any complaints received until a complaint reaches a point where it can be made public.
In addition to the five commission members appointed by DeSantis, the remaining four were appointed by the Senate president and House speaker — both allies of the governor.
Complaints often don’t see the light of day unless released by the person filing it. The commission does not make complaints or material public until they are dismissed or unless probable cause is determined, in order to protect the privacy of its subject.
If the commission finds the complaint is valid, it could issue a fine or a reprimand, but cannot remove an elected official from office.
It can recommend the governor suspend an elected official for violating ethics laws, but that would mean DeSantis taking that action against himself if a violation were found.
The process is often used by campaigns to raise questions about an opponent by making the complaint public, although many are resolved or dismissed without the commission finding a violation.
It is illegal in Florida to file a complaint with malicious intent and false claims. The commission can fine violators, who can also be ordered to pay a defendant’s legal fees.
READ MORE: Ron DeSantis launches first shot at Donald Trump
The Horn editorial team and the Associated Press contributed to this article.