The Florida Senate

101.253  When names not to be printed on ballot.--

(1)  No candidate's name, which candidate is required to qualify with a supervisor of elections for any primary or general election, shall be printed on the ballot if such candidate has notified the supervisor of elections in writing, under oath, on or before the 42nd day before the election that the candidate will not accept the nomination or office for which he or she filed qualification papers. The supervisor of elections may, in his or her discretion with the approval of the Department of State, allow such a candidate to withdraw after the 42nd day before an election, upon receipt of written notice, sworn to under oath, that the candidate will not accept the nomination or office for which he or she qualified.

(2)  No candidate's name, which candidate is required to qualify with the Department of State for any primary or general election, shall be printed on the ballot if such candidate has notified the Department of State in writing, under oath, on or before the 42nd day before the election that the candidate will not accept the nomination or office for which he or she filed qualification papers. The Department of State may in its discretion allow such a candidate to withdraw after the 42nd day before an election upon receipt of a written notice, sworn to under oath, that the candidate will not accept the nomination or office for which he or she qualified.

(3)  In no case shall the supervisor be required to print on the ballot a name which is submitted less than 21 days prior to the election. In the event the ballots are printed 21 days or more prior to the election, the name of any candidate whose death, resignation, removal, or withdrawal created a vacancy in office or nomination shall be stricken from the ballot with a rubber stamp or appropriate printing device, and the name of the new nominee shall be inserted on the ballot in a like manner. The supervisor may, as an alternative, reprint the ballots to include the name of the new nominee.

History.--s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; GS 213; RGS 257; CGL 313; s. 6, ch. 25384, 1949; s. 3, ch. 26870, 1951; s. 7, ch. 57-166; s. 1, ch. 61-363; s. 9, ch. 65-378; ss. 10, 35, ch. 69-106; s. 16, ch. 77-175; s. 2, ch. 83-149; s. 3, ch. 86-199; s. 22, ch. 89-338; s. 562, ch. 95-147.

Note.--Former ss. 99.11, 99.141.