The Florida Senate

¹100.091  Second primary election.--

(1)  In each year in which a general election is held, a second primary election for nomination of candidates of political parties where nominations were not made in the first primary election shall be held on the Tuesday 5 weeks prior to the general election.

(2)  The names of the candidates placing first and second in the first primary election shall be placed on the ballot in the second primary election for each contest in which no candidate receives a majority of the votes cast in the first primary election, subject to the following exceptions:

(a)  In any contest in which there is a tie for first place in the first primary election, only the names of the candidates so tying shall be placed on the ballot in the second primary election.

(b)  In any contest in which there is a tie for second place in the first primary election and the candidate placing first did not receive a majority of the votes cast, the name of the candidate placing first and the names of the candidates tying for second shall be placed on the ballot in the second primary election.

(3)  The candidate who receives the highest number of votes cast for the office in the second primary election shall be declared nominated. In case two or more persons receive an equal and highest number of votes for the same office in the second primary, such persons shall draw lots to determine who will receive the nomination.

History.--s. 50, ch. 6469, 1913; RGS 354; CGL 411; s. 14, ch. 13761, 1929; s. 2, ch. 17897, 1937; s. 4, ch. 19663, 1939; s. 4, ch. 26870, 1951; s. 2, ch. 57-166; s. 2, ch. 59-4; s. 1, ch. 65-240; s. 2, ch. 69-1745; s. 1, ch. 75-246; ss. 12, 66, ch. 77-175; s. 5, ch. 83-251.

¹Note.--Section 1, ch. 97-223, provides that "[n]otwithstanding section 100.091, Florida Statutes, or any other law to the contrary, the date of the second primary election in 1998 is changed from Tuesday, September 29, 1998, to Thursday, October 1, 1998. However, for purposes of the 1998 general election cycle, all dates in the Florida Election Code tied to the date of the second primary election remain set as if the second primary election were to be held on September 29, 1998, except that elections to be held in conjunction with the second primary election shall be held on October 1, 1998, and restrictions on changes in party affiliation between the first and second primary elections shall remain in effect for the extended period resulting from the change in the date of the second primary election effected by this act."

Note.--Former s. 102.48.