House Bill 1465
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Florida House of Representatives - 1999 HB 1465
By the Committee on Election Reform and Representatives
Flanagan, Stafford, Goodlette, Futch, Detert, Henriquez,
Wilson, Brown and Diaz de la Portilla
1 A bill to be entitled
2 An act relating to elections; creating s.
3 100.065, F.S.; allowing all voters to vote in
4 certain primary election contests; providing
5 for runoffs at the general election; specifying
6 procedures for placing the candidates' names on
7 the ballots required; amending ss. 101.021,
8 101.251, and 101.5606, F.S., to conform;
9 providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 100.065, Florida Statutes, is
14 created to read:
15 100.065 Other candidates on primary and general
16 election ballots.--
17 (1) Any other provision of law to the contrary
18 notwithstanding, if all candidates for an office are seeking
19 the nomination of the same political party and there will
20 otherwise be no opposition in the general election, all
21 registered electors, regardless of party affiliation, may vote
22 for that office in the first primary election and, if
23 necessary, in the general election.
24 (2) When two or more candidates have qualified for an
25 office and there is only one political party represented and
26 there will otherwise be no opposition for that office in the
27 general election, the names of such candidates shall be placed
28 on the first primary election ballot of each political party
29 holding a primary election and on a ballot for voters
30 registered with no party affiliation or registered in a party
31 that is not holding a primary election. The names of the
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1 candidates for each such office shall be grouped on a separate
2 portion of the ballot or on a separate ballot. Such offices
3 shall be placed under the heading of "Universal Primary" in
4 the order determined by the Department of State. Following
5 each candidate's name shall be the appropriate abbreviation of
6 party name.
7 (3) If any candidate for such office receives a
8 majority of the votes cast for such office in the first
9 primary election, the name of the candidate who receives such
10 majority shall not appear on any other ballot. Such candidate
11 shall be deemed to have voted for himself or herself at the
12 general election. If no candidate for such office receives a
13 majority of the votes cast for such office in the first
14 primary election, the names of the two candidates receiving
15 the highest number of votes for such office shall be placed on
16 the general election ballot. If more than two candidates for
17 such office receive an equal and highest number of votes, the
18 name of each candidate receiving an equal and highest number
19 of votes shall be placed on the general election ballot. In
20 any contest in which there is a tie for second place and the
21 candidate placing first did not receive a majority of the
22 votes cast for such office, the name of the candidate placing
23 first and the name of each candidate tying for second shall be
24 placed on the general election ballot.
25 Section 2. Section 101.021, Florida Statutes, is
26 amended to read:
27 101.021 Elector to vote the primary ballot of the
28 political party in which he or she is registered;
29 exception.--In a primary election a qualified elector is
30 entitled to vote the official primary election ballot of the
31 political party designated in the elector's registration, and
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1 no other. Except as provided in s. 100.065, it is unlawful for
2 any elector to vote in a primary for any candidate running for
3 nomination from a party other than that in which such elector
4 is registered.
5 Section 3. Subsection (2) of section 101.251, Florida
6 Statutes, is amended to read:
7 101.251 Information which supervisor of elections must
8 print on ballots.--
9 (2) In addition to the names printed on the ballot as
10 provided in subsection (1), the supervisor of elections of
11 each county shall have printed on the general election ballot
12 to be used in the county the names of the candidates who are
13 entitled pursuant to s. 100.065 to have their names printed on
14 the ballot, the names of the judicial officers, as defined in
15 chapter 105, who are entitled to have their names printed on
16 the ballot, and minor party and independent candidates who
17 have obtained a position on the general election ballot in
18 compliance with the requirements of this code.
19 Section 4. Subsection (5) of section 101.5606, Florida
20 Statutes, is amended to read:
21 101.5606 Requirements for approval of systems.--No
22 electronic or electromechanical voting system shall be
23 approved by the Department of State unless it is so
24 constructed that:
25 (5) It permits each voter at a primary election to
26 vote only for the candidates seeking nomination by the
27 political party in which such voter is registered, except as
28 provided in s. 100.065; for any candidate for nonpartisan
29 office;, and for any question upon which the voter is entitled
30 to vote.
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Florida House of Representatives - 1999 HB 1465
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1 Section 5. This act shall take effect upon becoming a
2 law.
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5 HOUSE SUMMARY
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Provides that if all candidates for an office are seeking
7 the nomination of the same political party and there will
otherwise be no opposition in the general election, all
8 registered electors, regardless of party affiliation, may
vote for that office in the first primary election under
9 a "Universal Primary" heading and, if necessary, in the
general election. Specifies procedures for placing the
10 candidates' names on the ballots required.
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