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Rep. Bill Posey (R-Fla.) staunchly supported challenging the 2020 election results in the run-up to <a href="https://www.washingtonpost.com/january-6-capitol-riot/" target="_blank" class="contextual_link">Jan. 6</a>, 2021. “Running fair and transparent elections is something America must live up to,” he <a href="https://posey.house.gov/news/documentsingle.aspx?DocumentID=396835" target=_blank>said that day</a>.

On Friday, Posey became the latest member of Congress to announce his retirement plans unexpectedly in a way that benefited an ally and prevented voters from having as much of an electoral choice as they otherwise would have.

Call it the filing-deadline two-step — an undemocratic dance if there ever was one.

Posey qualified for reelection two months ago and even received an endorsement from <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a> last month. But shortly after Florida’s qualifying period closed Friday at noon, Posey suddenly announced his retirement — citing “<a href="https://billposey.com/bill-posey-announces-retirement-endorses-mike-haridopolos/" target=_blank>circumstances beyond my control</a>.”

That cleared the way for former state Senate president Mike Haridopolos (R), who had quietly filed for the primary that morning. Posey in his announcement quickly endorsed Haridopolos, who was left without big-name opposition.

Posey’s office has not responded to a request for details about the decision, including whether it was his plan to clear the field for Haridopolos or whether it might have been preferable for voters to have more choices. But his <a href="https://www.politico.com/news/2024/04/26/florida-bill-posey-retirement-00154658" target=_blank>comments to Politico</a> don’t exactly downplay the gamesmanship.

“Without going into a lot of personal details, stars aligned during the past week, and Mike decided he was ready for Congress,” Posey said. “I enthusiastically endorse him and will do everything I can to help him get elected.”

With all the democratic backsliding in this country these days, it might be difficult to get exercised about a member of Congress apparently<b> </b>engineering things for their chosen successor in one out of 435 districts. But it has happened before over the years, if sporadically, and it seems especially notable today given all the battles over free and fair elections.

In 1998, Rep. Thomas Manton (D-N.Y.) announced his retirement five days after the filing deadline. That left the decision about a ballot replacement to Democratic leaders in Queens, and Manton ensured that future Rep. Joseph Crowley (D-N.Y.) would run in his place. Another potential hopeful for the seat lamented “<a href="https://www.nydailynews.com/1998/07/23/pol-protege-irk-dems-manton-blasted-for-last-minute-nod-to-crowley/" target=_blank>the dark-of-the-night way that this was done</a>.” She and others who aimed for the seat tried in 2000 to rally around a single primary alternative to Crowley, but the effort failed.

In 2004, Rep. Bill Lipinski (D-Ill.) announced his retirement after winning his primary. This also left his replacement to party leaders, who <a href="https://www.chicagotribune.com/2004/08/18/lipinski-son-in-race-for-house/" target=_blank>picked Lipinski’s son Daniel</a>.

That same year, Rep. Rodney Alexander (La.) <a href="https://www.nbcnews.com/id/wbna5627310" target=_blank>switched from the Democratic Party to the Republican Party</a> at the last minute, leaving Democrats without a strong candidate. Then-Sen. John Breaux (D-La.) lamented that his former fellow Democrat had “effectively prevented the people of his district from a having a choice.”

In 2008, such a plot fell apart. Rep. Ron Lewis (R-Ky.) had assured voters that he would seek reelection. But right before the deadline, his chief of staff’s wife submitted paperwork withdrawing Lewis’s candidacy and putting the chief of staff on the ballot instead. National Republicans had gotten wind of the scheme, though, and state Sen. Brett Guthrie (R) handed over his $500 filing fee <a href="https://www.politico.com/story/2008/01/kentucky-saga-is-latest-succession-stunt-008224" target=_blank>with just seconds to spare</a>. The chief of staff later dropped out, and Lewis profusely apologized for “how I chose to manage my announcement.”

In 2010, Rep. Ginny Brown-Waite (R-Fla.) did <a href="https://www.politico.com/story/2010/04/brown-waite-to-retire-in-florida-036608" target=_blank>much the same thing</a> Posey has done. She said that February that she would seek reelection, then announced as qualifying was wrapping up that she’d retire and back a chosen successor who had filed just in time. Others who aimed to run criticized the maneuver. Public Service Commissioner Nancy Argenziano (R) called it “<a href="https://www.orlandosentinel.com/2010/05/07/ginny-brown-waite-leaves-sorry-legacy/" target=_blank>insidiously designed</a>.” State Sen. Mike Fasano (R) said he was “really disturbed” that chosen successor Richard B. Nugent had “<a href="https://www.ocala.com/story/news/2010/10/04/candidacy-born-under-a-bad-sign/31420818007/" target=_blank>allowed Ginny Brown-Waite to manipulate the primary</a>.”

There have been rumors that there may be another such move in the works this cycle in Indiana. A popular Indiana political newsletter reported in September that lawmakers were <a href="https://stateaffairs.com/wp-content/uploads/2023/09/HPI230921b-1.pdf#page=6" target=_blank>on the lookout for a late retirement</a> from Rep. Jim Baird (R-Ind.) to clear the way for his son, a state lawmaker.

Baird soon said he would run for another term and filed for reelection; he’s running in the primary next week. But another state lawmaker <a href="https://indianacapitalchronicle.com/2023/11/08/state-rep-haggard-announces-congressional-bid-if-incumbent-doesnt-run/" target=_blank>filed preemptively</a> for the seat in November, saying he would run whenever Baird actually retired. The lawmaker noted that Baird’s campaign merchandise had de-emphasized his first name.

Some states have mechanisms in place to prevent this kind of gamesmanship, as <a href="https://twitter.com/DavidNir/status/1784955458014351664" target=_blank>Daily Kos Elections’ David Nir </a>and <a href="https://twitter.com/nathanlgonzales/status/1784956875588428201" target=_blank>Inside Elections’ Nathan Gonzales noted</a> Monday. Nebraska’s filing deadline for non-incumbents is two weeks after the deadline for incumbents. California <a href="https://bakersfieldnow.com/news/elections-2024/ca-sos-shirley-weber-ballot-errors-removal-of-qualified-candidates-under-scrutiny" target=_blank>extends its deadline by five days</a> if an incumbent drops out. Missouri extends it by four days <a href="https://bakersfieldnow.com/news/elections-2024/ca-sos-shirley-weber-ballot-errors-removal-of-qualified-candidates-under-scrutiny" target=_blank>if any candidate withdraws in the final two days</a> before the deadline.

You could certainly make an argument that others might look into such changes — at least to the extent lawmakers truly desire “fair and transparent elections.”

University of Minnesota

Aaron Blake is senior political reporter, writing for The Fix. A Minnesota native, he has also written about politics for the Minneapolis Star Tribune and The Hill newspaper.

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