House Bill 2163

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    Florida House of Representatives - 1999                HB 2163

        By the Committee on Election Reform and Representative
    Flanagan





  1                      A bill to be entitled

  2         An act relating to judicial selection; amending

  3         s. 34.021, F.S.; authorizing retention of

  4         county court judges; amending s. 105.031, F.S.;

  5         providing requirements to qualify for election

  6         or retention to judicial office; amending s.

  7         105.041, F.S.; providing form of ballot for

  8         retention votes on county and circuit court

  9         judges; amending s. 105.051, F.S.; providing

10         for determination of retention for county and

11         circuit court judges; amending s. 105.061,

12         F.S.; authorizing electors to vote for

13         retention of circuit and county court judges;

14         amending s. 105.08, F.S.; providing for

15         campaign contribution and expense reporting for

16         circuit and county court judges subject to vote

17         of retention; amending s. 106.011, F.S.;

18         redefining the term "unopposed candidate";

19         amending s. 106.08, F.S.; providing

20         contribution limits for election and retention

21         of circuit and county court judges; providing

22         penalties; providing for petitions and

23         certification of ballot position; establishing

24         deadlines; amending s. 101.161, F.S.; placing

25         the issue of the method of selection of judges

26         on the general election ballot in the year

27         2000; establishing manner for placing judicial

28         selection initiatives on subsequent general

29         election ballots; providing ballot language;

30         providing for impact on sitting judges;

31         repealing s. 25.021, F.S.; deleting terms of

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  1         elected Supreme Court justices; amending s.

  2         35.06, F.S.; deleting terms of elected district

  3         court of appeal judges; amending s. 101.151,

  4         F.S.; conforming provisions; providing an

  5         effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 34.021, Florida Statutes, is

10  amended to read:

11         34.021  Qualifications of county court judges.--

12         (1)  No person is eligible for election or appointment

13  to the office of county court judge unless the person is, and

14  has been for the preceding 5 years, a member in good standing

15  of the bar of Florida prior to qualifying for election to such

16  office or submitting his or her name to the appropriate

17  judicial nominating commission for appointment. However, a

18  person is eligible for election or appointment to the office

19  of county court judge in a county having a population of

20  40,000 or less if he or she is a member in good standing of

21  the bar of Florida.

22         (2)  A county court judge is eligible to seek

23  reelection or retention, notwithstanding the provisions of

24  subsection (1), if, on the first day of the qualification

25  period for election to such office or a retention vote, such

26  judge is actively serving in such office and is not under

27  suspension or disqualification.

28         (3)  Any person who was a county court judge prior to

29  July 1, 1978, in any county having a population of 40,000 or

30  less, according to the last decennial census, and who has

31  successfully completed a 3-year law training program approved

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  1  by the Supreme Court for the training of county court judges

  2  who are not members of The Florida Bar is eligible to seek

  3  entitled to such election or retention and to serve as a

  4  county court judge in any county having a population of 40,000

  5  or less, the provisions of subsection (1) to the contrary

  6  notwithstanding.

  7         (4)  Any county judge who is not a member of the bar,

  8  in any county having a population of 40,000 or less, according

  9  to the last decennial census, and who has successfully

10  completed a law training program approved by the Supreme Court

11  for the training of county court judges who are not members of

12  The Florida Bar is entitled to serve as a county court judge

13  in any county encompassed in the circuit in which the judge

14  has been elected or retained in a retention vote, when

15  assigned thereto.

16         Section 2.  Paragraph (a) of subsection (5) of section

17  105.031, Florida Statutes, is amended to read:

18         105.031  Qualification; filing fee; candidate's oath;

19  items required to be filed.--

20         (5)  ITEMS REQUIRED TO BE FILED.--

21         (a)  In order for a candidate for judicial office to be

22  qualified, the following items must be received by the filing

23  officer by the end of the qualifying period:

24         1.  Except for candidates for retention to judicial

25  office For each candidate qualifying for the office of circuit

26  judge or county court judge, a properly executed check drawn

27  upon the candidate's campaign account in an amount not less

28  than the fee required by subsection (3) or, in lieu thereof,

29  the copy of the notice of obtaining ballot position pursuant

30  to s. 105.035.  If a candidate's check is returned by the bank

31  for any reason, the filing officer shall immediately notify

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  1  the candidate and the candidate shall, the end of qualifying

  2  notwithstanding, have 48 hours from the time such notification

  3  is received, excluding Saturdays, Sundays, and legal holidays,

  4  to pay the fee with a cashier's check purchased from funds of

  5  the campaign account.  Failure to pay the fee as provided in

  6  this subparagraph shall disqualify the candidate.

  7         2.  The candidate's oath required by subsection (4),

  8  which must contain the name of the candidate as it is to

  9  appear on the ballot; the office sought, including the

10  district or group number if applicable; and the signature of

11  the candidate, duly acknowledged.

12         3.  The loyalty oath required by s. 876.05, signed by

13  the candidate and duly acknowledged.

14         4.  The completed form for the appointment of campaign

15  treasurer and designation of campaign depository, as required

16  by s. 106.021.

17         5.  The full and public disclosure of financial

18  interests required by s. 8, Art. II of the State Constitution.

19         Section 3.  Section 105.041, Florida Statutes, is

20  amended to read:

21         105.041  Form of ballot.--

22         (1)  BALLOTS.--The names of candidates for judicial

23  office which appear on the ballot at the first primary

24  election shall either be grouped together on a separate

25  portion of the ballot or on a separate ballot.  The names of

26  candidates for election to judicial office which appear on the

27  ballot at the general election and the names of justices and

28  judges seeking retention to office shall be grouped together

29  on a separate portion of the general election ballot.

30         (2)  LISTING OF CANDIDATES.--The names of all

31  candidates for election to the office of circuit judge or the

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  1  office of county court judge shall be listed in alphabetical

  2  order.  With respect to retention of justices and judges of

  3  district courts of appeal, the question "Shall Justice (or

  4  Judge) (name of justice or judge) of the (name of the court)

  5  be retained in office?" shall appear on the ballot in

  6  alphabetical order and thereafter the words "Yes" and "No."

  7         (3)  REFERENCE TO PARTY AFFILIATION PROHIBITED.--No

  8  reference to political party affiliation shall appear on any

  9  ballot with respect to any nonpartisan judicial office or

10  candidate.

11         (4)  WRITE-IN CANDIDATES.--Space shall be made

12  available on the general election ballot for an elector to

13  write in the name of a write-in candidate for judge of a

14  circuit court or county court if a candidate has qualified as

15  a write-in candidate for such office pursuant to s. 105.031.

16  This subsection does not apply to the offices of justices and

17  judges seeking retention.

18         Section 4.  Section 105.051, Florida Statutes, is

19  amended to read:

20         105.051  Determination of election or retention to

21  office.--

22         (1)  ELECTION.--In circuits and counties holding

23  elections:

24         (a)  The name of an unopposed candidate for the office

25  of circuit judge or county court judge shall not appear on any

26  ballot, and such candidate shall be deemed to have voted for

27  himself or herself at the general election.

28         (b)  If two or more candidates, neither of whom is a

29  write-in candidate, qualify for such an office, the names of

30  those candidates shall be placed on the ballot at the first

31  primary election.  If any candidate for such office receives a

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  1  majority of the votes cast for such office in the first

  2  primary election, the name of the candidate who receives such

  3  majority shall not appear on any other ballot unless a

  4  write-in candidate has qualified for such office.  An

  5  unopposed candidate shall be deemed to have voted for himself

  6  or herself at the general election.  If no candidate for such

  7  office receives a majority of the votes cast for such office

  8  in the first primary election, the names of the two candidates

  9  receiving the highest number of votes for such office shall be

10  placed on the general election ballot.  If more than two

11  candidates receive an equal and highest number of votes, the

12  name of each candidate receiving an equal and highest number

13  of votes shall be placed on the general election ballot.  In

14  any contest in which there is a tie for second place and the

15  candidate placing first did not receive a majority of the

16  votes cast for such office, the name of the candidate placing

17  first and the name of each candidate tying for second shall be

18  placed on the general election ballot.

19         (c)  The candidate who receives the highest number of

20  votes cast for the office in the general election shall be

21  elected to such office.  If the vote at the general election

22  results in a tie, the outcome shall be determined by lot.

23         (2)  RETENTION.--With respect to any justice of the

24  Supreme Court or judge of a district court of appeal who

25  qualifies to run for retention in office, the question

26  prescribed in s. 105.041(2) shall be placed on the ballot at

27  the general election.  If a majority of the qualified electors

28  voting on such question within the territorial jurisdiction of

29  the court vote for retention, the justice or judge shall be

30  retained for a term of 6 years commencing on the first Tuesday

31  after the first Monday in January following the general

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  1  election.  If less than a majority of the qualified electors

  2  voting on such question within the territorial jurisdiction of

  3  the court vote for retention, a vacancy shall exist in such

  4  office upon the expiration of the term being served by the

  5  justice or judge.

  6         Section 5.  Section 105.061, Florida Statutes, is

  7  amended to read:

  8         105.061  Electors qualified to vote.--Each qualified

  9  elector of the territorial jurisdiction of a court shall be

10  eligible to vote for a candidate for each judicial office of

11  such court or, in the case of a justice of the Supreme Court

12  or a judge seeking retention of a district court of appeal,

13  for or against retention of such justice or judge.

14         Section 6.  Subsection (2) of section 105.08, Florida

15  Statutes, is amended to read:

16         105.08  Campaign contribution and expense; reporting.--

17         (2)  Notwithstanding any other provision of this

18  chapter or chapter 106, a candidate for retention as a justice

19  of the Supreme Court or a judge of a district court of appeal

20  who has not received any contribution or made any expenditure

21  may file a sworn statement at the time of qualifying that he

22  or she does not anticipate receiving contributions or making

23  expenditures in connection with the candidacy for retention to

24  office.  Such candidate shall file a final report pursuant to

25  s. 106.141, within 90 days following the general election for

26  which the candidate's name appeared on the ballot for

27  retention. Any such candidate for retention to judicial office

28  who, after filing a statement pursuant to this subsection,

29  receives any contribution or makes any expenditure in

30  connection with the candidacy for retention shall immediately

31  file a statement to that effect with the qualifying officer

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  1  and shall begin filing reports as an opposed candidate

  2  pursuant to s. 106.07.

  3         Section 7.  Subsection (15) of section 106.011, Florida

  4  Statutes, is amended to read:

  5         106.011  Definitions.--As used in this chapter, the

  6  following terms have the following meanings unless the context

  7  clearly indicates otherwise:

  8         (15)  "Unopposed candidate" means a candidate for

  9  nomination or election to an office who, after the last day on

10  which any person, including a write-in candidate, may qualify,

11  is without opposition in the election at which the office is

12  to be filled or who is without such opposition after such date

13  as a result of any primary election or of withdrawal by other

14  candidates seeking the same office.  A candidate is not an

15  unopposed candidate if there is a vacancy to be filled under

16  s. 100.111(4), if there is a legal proceeding pending

17  regarding the right to a ballot position for the office sought

18  by the candidate, or if the candidate is seeking retention as

19  a justice of the Supreme Court or as a judge of a district

20  court of appeal.

21         Section 8.  Subsection (1) of section 106.08, Florida

22  Statutes, is amended to read:

23         106.08  Contributions; limitations on.--

24         (1)(a)  Except for political parties, no person,

25  political committee, or committee of continuous existence may,

26  in any election, make contributions in excess of $500 to any

27  candidate for election to or retention in office or to any

28  political committee supporting or opposing one or more

29  candidates. Candidates for the offices of Governor and

30  Lieutenant Governor on the same ticket are considered a single

31  candidate for the purpose of this section.

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  1         (b)1.  The contribution limits provided in this

  2  subsection do not apply to contributions made by a state or

  3  county executive committee of a political party regulated by

  4  chapter 103 or to amounts contributed by a candidate to his or

  5  her own campaign.

  6         2.  Notwithstanding the limits provided in this

  7  subsection, an unemancipated child under the age of 18 years

  8  of age may not make a contribution in excess of $100 to any

  9  candidate or to any political committee supporting one or more

10  candidates.

11         (c)  The contribution limits of this subsection apply

12  to each election.  For purposes of this subsection, the first

13  primary, second primary, and general election are separate

14  elections so long as the candidate is not an unopposed

15  candidate as defined in s. 106.011(15).  However, for the

16  purpose of contribution limits with respect to candidates for

17  retention as a justice of the Supreme Court or judge of a

18  district court of appeal, there is only one election, which is

19  the general election., and With respect to candidates in a

20  circuit holding an election for circuit judge or in a county

21  holding an election for county court judge, there are only two

22  elections, which are the first primary election and general

23  election.

24         Section 9.  Initiative for method of selection for

25  circuit or county court judges; procedures for placement on

26  ballot.--

27         (1)  Subsequent to the general election in the year

28  2000, a local option for merit selection and retention or the

29  election of circuit or county court judges may be placed on

30  the ballot for the general election occurring in excess of 90

31  days from the certification of ballot position by the

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  1  Secretary of State for circuit court judges or the county

  2  supervisor of elections for county court judges. The ballot

  3  shall provide for a vote on the method for selection of judges

  4  not currently used for filling judicial offices in the county

  5  or circuit.

  6         (2)  Certification of ballot position for the method of

  7  selection of circuit court judges shall be issued when the

  8  Secretary of State has received a verification certificate

  9  from each supervisor of elections in a circuit indicating that

10  the requisite number of valid signatures of electors in the

11  circuit has been submitted and verified by the supervisor or

12  supervisors of that circuit. Certification of ballot position

13  for the method of selection of county court judges shall be

14  issued when the supervisor of elections in a county indicates

15  that the requisite number of signatures of electors in the

16  county has been submitted to and verified by the supervisor.

17  Each signature shall be dated when made and shall be valid for

18  a period of 2 years following such date, provided all

19  requirements of law are complied with.

20         (3)  The sponsor of an initiative for merit selection

21  and retention or election of circuit or county court judges

22  must register as a political committee pursuant to s. 106.03.

23         (4)  The Secretary of State shall adopt rules pursuant

24  to ss. 120.536(1) and 120.54 prescribing the style and

25  requirements of the circuit court and county court forms for

26  collection of signatures.

27         (5)  No later than 5 p.m. 151 days prior to the general

28  election at which the proposed judicial selection initiative

29  is to be voted on, the sponsor shall submit signed and dated

30  forms to the appropriate supervisor of elections for

31  verification as to the number of registered electors whose

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  1  valid signatures appear thereon. The supervisor shall promptly

  2  verify the signatures upon payment of the fee or filing of the

  3  undue burden oath required by s. 99.097. Verification must be

  4  completed at least 91 days prior to the general election. Upon

  5  completion of verification, the supervisor shall execute a

  6  certificate indicating the total number of signatures checked

  7  and the number of signatures verified as valid and as being of

  8  registered electors of the applicable county or circuit. This

  9  certificate must be immediately transmitted to the Secretary

10  of State for petitions related to the method of selection of

11  circuit court judges. The supervisor must retain the signature

12  forms for at least 1 year following the election in which the

13  issue appeared on the ballot or until the committee that

14  circulated the petition is no longer seeking to obtain ballot

15  position as determined by the Division of Elections for

16  circuit court petitions or by the supervisor of elections for

17  county court petitions.

18         (6)  Upon a determination by the Secretary of State for

19  circuit court petitions or by the supervisor of elections for

20  county court petitions that the requisite number of valid

21  signatures has been obtained, a certification of ballot

22  position must be issued for the proposed method of selection

23  of judges. A request to exercise a local option to change the

24  method for selection of circuit or county court judges is

25  deemed filed with the Secretary of State for circuit court

26  judges or the supervisor of elections for county court judges

27  upon the date of the receipt of a certificate or certificates

28  indicating the petition has been signed by the

29  constitutionally required number of electors.

30         (7)  Within 10 days after each general election for

31  which an initiative to change the method of selection of

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  1  circuit or county court judges was placed on the ballot in any

  2  circuit or county in the state, the Secretary of State must

  3  notify the Chief Justice of the Supreme Court of Florida of

  4  the changed method for selection of judges for any circuit or

  5  county where the initiative passed.

  6         (8)  The Department of State shall have the authority

  7  to promulgate rules in accordance with ss. 120.536(1) and

  8  120.54 to carry out the provisions of this section.

  9         Section 10.  Subsection (3) is added to section

10  101.161, Florida Statutes, to read:

11         101.161  Referenda; ballots.--

12         (3)(a)  The ballot for the general election in the year

13  2000 must contain a statement allowing voters to determine

14  whether circuit or county court judges will be selected by

15  merit selection and retention as provided in Section 10 of

16  Article V of the State Constitution. The ballot in each

17  circuit must contain the statement in paragraph (c). The

18  ballot in each county must contain the statement in paragraph

19  (e).

20         (b)  For any general election in which the Secretary of

21  State, for any circuit, or the supervisor of elections, for

22  any county, has certified the ballot position for an

23  initiative to change the method of selection of judges, the

24  ballot for any circuit must contain the statement in paragraph

25  (c) or paragraph (d) and the ballot for any county must

26  contain the statement in paragraph (e) or paragraph (f).

27         (c)  In any circuit where the initiative is to change

28  the selection of circuit court judges to selection by merit

29  selection and retention, the ballot shall state: "Shall

30  circuit court judges in the ...(number of the circuit)...

31  judicial circuit be selected through merit selection and

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  1  retention?" This statement must be followed by the word "yes"

  2  and also by the word "no."

  3         (d)  In any circuit where the initiative is to change

  4  the selection of circuit court judges to election by the

  5  voters, the ballot shall state: "Shall circuit court judges in

  6  the ...(number of the circuit)... judicial circuit be selected

  7  by vote of the electorate of the circuit?" This statement must

  8  be followed by the word "yes" and also by the word "no."

  9         (e)  In any county where the initiative is to change

10  the selection of county court judges to merit selection and

11  retention, the ballot shall state: "Shall county court judges

12  in ...(name of county)... be selected through merit selection

13  and retention?" This statement must be followed by the word

14  "yes" and also by the word "no."

15         (f)  In any county where the initiative is to change

16  the selection of county court judges to election by the

17  voters, the ballot shall state: "Shall county court judges in

18  ...(name of the county)... be selected by vote of the

19  electorate of the county?" This statement must be followed by

20  the word "yes" and also by the word "no."

21         Section 11.  No county court judge elected prior to or

22  at the election that approves any revision to the selection of

23  county court judges shall be affected in his or her term of

24  office. Any county judge wishing to apply for a subsequent

25  term will be elected or retained pursuant to the method of

26  election or selection and retention of county court judges in

27  effect in the county for the election preceding the end of the

28  judge's term of office.

29         Section 12.  No circuit court judge elected prior to or

30  at the election that approves any revision to the selection of

31  circuit court judge shall be affected in his or her term of

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  1  office. Any circuit court judge wishing to apply for a

  2  subsequent term will be elected or retained pursuant to the

  3  method of election or selection and retention of circuit court

  4  judges in effect in the circuit for the election preceding the

  5  end of the judge's term of office.

  6         Section 13.  Section 35.06, Florida Statutes, is

  7  amended to read:

  8         35.06  Organization of district courts of appeal.--A

  9  district court of appeal shall be organized in each of the

10  five appellate districts to be named District Court of Appeal,

11  .... District.  The number of judges of each district court of

12  appeal shall be as follows:

13         (1)  In the first district there shall be 15 judges.

14         (2)  In the second district there shall be 14 judges.

15         (3)  In the third district there shall be 11 judges.

16         (4)  In the fourth district there shall be 12 judges.

17         (5)  In the fifth district there shall be 9 judges.

18

19  The successors of the original and additional judges of the

20  district courts of appeal shall be elected at the general

21  election next preceding the expiration of their respective

22  terms of office to serve for full terms of 6 years.

23         Section 14.  Subsection (6) of section 101.151, Florida

24  Statutes, is amended to read:

25         101.151  Specifications for general election

26  ballot.--In counties in which voting machines are not used,

27  and in other counties for use as absentee ballots not designed

28  for tabulation by an electronic or electromechanical voting

29  system, the general election ballot shall conform to the

30  following specifications:

31

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  1         (6)  Except for justices of the Supreme Court and or

  2  judges seeking retention of district courts of appeal, the

  3  names of unopposed candidates shall not appear on the general

  4  election ballot.  Each unopposed candidate shall be deemed to

  5  have voted for himself or herself.

  6         Section 15.  Section 25.021, Florida Statutes, is

  7  repealed.

  8         Section 16.  This act shall take effect January 1,

  9  2000.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Amends various provisions of the statutes to conform to
14    the recently approved constitutional amendment that
      allows electors in judicial circuits and counties to
15    elect to have their county court judges and circuit court
      judges chosen by merit selection and retention.
16

17    Requires the ballot for the general election in the year
      2000 to contain questions regarding the selection of
18    circuit and county court judges through merit selection
      and retention rather than elections.
19

20    Subsequent to the general election in the year 2000,
      establishes the process by which political organizations
21    may be created for the collection of petitions to place
      the method for selection of circuit and county court
22    judges on the ballot in any general election. Specifies
      the process for verification of the petitions,
23    certification of ballot position, and ballot language for
      both circuit and county court judges. Requires the
24    Secretary of State to notify the Supreme Court after each
      general election of those counties and circuits where the
25    method of judicial selection has changed. Provides that
      circuit and county court judges holding office at the
26    time of a change in the selection process will not be
      affected by the change until the end of their term. Also
27    provides that at the election prior to the end of a
      judge's term of office the judge wishing to remain in
28    office will be required to either stand for election or a
      retention vote depending on which process is to be used
29    for selection of judges at that election.

30
      Deletes current provisions of law relating to the terms
31    of office for elected Supreme Court justices and district
      court of appeal judges. See bill for details.
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