House Bill 2263

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    Florida House of Representatives - 1999                HB 2263

        By the Committee on Election Reform and Representative
    Flanagan





  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         230.10, F.S.; providing for the election of

  4         school board members in a nonpartisan election;

  5         amending s. 105.031, F.S.; providing

  6         requirements for qualifying for nonpartisan

  7         office; requiring a statement of judicial

  8         candidates relating to the Code of Judicial

  9         Conduct; amending s. 105.035, F.S.; providing

10         an alternative method of qualifying for

11         nonpartisan school board candidates;

12         eliminating the requirement for an undue burden

13         oath; amending s. 105.041, F.S.; revising

14         ballot requirements for nonpartisan candidates;

15         amending s. 105.051, F.S.; relating to

16         determination of election to judicial office;

17         creating s. 105.055, F.S.; providing for

18         determination of election to the office of

19         school board member; amending s. 105.061, F.S.;

20         specifying the electors who are eligible to

21         vote for nonpartisan school board candidates;

22         amending s. 105.071, F.S., relating to

23         limitations on political activity by candidates

24         for judicial office; revising penalties;

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

26         reporting of contributions and expenditures for

27         nonpartisan school board candidates; amending

28         ss. 99.061, 101.141, 101.151, 101.251, 230.061,

29         and 230.105, F.S., to conform; repealing s.

30         105.09, F.S., relating to endorsement or other

31         support of judicial candidates by partisan

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  1         organizations; repealing s. 230.08, F.S.,

  2         relating to nomination of candidates for the

  3         office of school board member; amending s.

  4         228.053, F.S.; correcting a cross reference;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 230.10, Florida Statutes, is

10  amended to read:

11         230.10  Election of board by districtwide vote.--The

12  election of members of the school board shall be by vote of

13  the qualified electors of the entire district in a nonpartisan

14  election.  Each candidate for school board member shall, at

15  the time she or he qualifies, be a resident of the school

16  board member residence area from which the candidate seeks

17  election. Each candidate who qualifies to have her or his name

18  placed on the ballot of the general election shall be listed

19  according to the school board member residence area in which

20  she or he resides.  Each qualified elector of the district

21  shall be entitled to vote for one candidate from each school

22  board member residence area.  The candidate from each school

23  board member residence area who receives the highest number of

24  votes in the general election shall be elected to the school

25  board.

26         Section 2.  Section 105.031, Florida Statutes, is

27  amended to read:

28         105.031  Qualification; filing fee; candidate's oath;

29  items required to be filed.--

30         (1)  TIME OF QUALIFYING.--Nonpartisan candidates for

31  multicounty office shall qualify with the Division of

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  1  Elections of the Department of State, and nonpartisan

  2  candidates for countywide or less than countywide office shall

  3  qualify with the supervisor of elections of the county.

  4  Candidates shall qualify Candidates for judicial office other

  5  than the office of county court judge shall qualify with the

  6  Division of Elections of the Department of State, and

  7  candidates for the office of county court judge shall qualify

  8  with the supervisor of elections of the county, no earlier

  9  than noon of the 50th day, and no later than noon of the 46th

10  day, before the first primary election.  Filing shall be on

11  forms provided for that purpose by the Division of Elections

12  and furnished by the appropriate qualifying officer.  Any

13  person seeking to qualify as a candidate for circuit judge or

14  county court judge by the alternative method, as set forth in

15  s. 105.035, if the person has submitted the necessary

16  petitions by the required deadline and is notified after the

17  fifth day prior to the last day for qualifying that the

18  required number of signatures has been obtained, shall be

19  entitled to subscribe to the candidate's oath and file the

20  qualifying papers at any time within 5 days from the date he

21  or she is notified that the necessary number of signatures has

22  been obtained.  Any person other than a write-in candidate who

23  qualifies within the time prescribed in this subsection shall

24  be entitled to have his or her name printed on the ballot.

25         (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall

26  qualify in groups or districts where multiple judicial offices

27  are to be filled.

28         (3)  QUALIFYING FEE.--Each candidate qualifying for

29  election to a judicial office or the office of school board

30  member, except write-in judicial candidates, shall, during the

31  time for qualifying, pay to the officer with whom he or she

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  1  qualifies a qualifying fee, which shall consist of a filing

  2  fee and an election assessment, or qualify by the alternative

  3  method.  The amount of the filing fee is 3 percent of the

  4  annual salary of the office sought. The amount of the election

  5  assessment is 1 percent of the annual salary of the office

  6  sought.  The Department of State qualifying officer shall

  7  forward all filing fees to the Department of Revenue for

  8  deposit in the Elections Commission Trust General Revenue

  9  Fund.  The supervisor of elections shall forward all filing

10  fees to the Elections Commission Trust Fund.  The election

11  assessment shall be deposited into the Elections Commission

12  Trust Fund.  The annual salary of the office for purposes of

13  computing the qualifying fee shall be computed by multiplying

14  12 times the monthly salary authorized for such office as of

15  July 1 immediately preceding the first day of qualifying.

16  This subsection shall not apply to candidates qualifying for

17  retention to judicial office.

18         (4)  CANDIDATE'S OATH.--

19         (a)  All candidates for the office of school board

20  member shall subscribe to the oath as prescribed in s. 99.021.

21         (b)  All candidates for judicial office shall subscribe

22  to an oath or affirmation in writing to be filed with the

23  appropriate qualifying officer upon qualifying.  A printed

24  copy of the oath or affirmation shall be furnished to the

25  candidate by the qualifying officer and shall be in

26  substantially the following form:

27

28  State of Florida

29  County of ....

30         Before me, an officer authorized to administer oaths,

31  personally appeared ...(please print name as you wish it to

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  1  appear on the ballot)..., to me well known, who, being sworn,

  2  says he or she:  is a candidate for the judicial office of

  3  ....; that his or her legal residence is .... County, Florida;

  4  that he or she is a qualified elector of the state and of the

  5  territorial jurisdiction of the court to which he or she seeks

  6  election; that he or she is qualified under the constitution

  7  and laws of Florida to hold the judicial office to which he or

  8  she desires to be elected or in which he or she desires to be

  9  retained; that he or she has taken the oath required by ss.

10  876.05-876.10, Florida Statutes; that he or she has qualified

11  for no other public office in the state, the term of which

12  office or any part thereof runs concurrent to the office he or

13  she seeks; and that he or she has resigned from any office

14  which he or she is required to resign pursuant to s. 99.012,

15  Florida Statutes.

16                                  ...(Signature of candidate)...

17                                                 ...(Address)...

18

19  Sworn to and subscribed before me this .... day of ....,

20  19...., at .... County, Florida.

21       ...(Signature and title of officer administering oath)...

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

23         (a)  In order for a candidate for judicial office or

24  the office of school board member to be qualified, the

25  following items must be received by the filing officer by the

26  end of the qualifying period:

27         1.  Except for candidates for retention to judicial

28  office For each candidate qualifying for the office of circuit

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

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

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

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  1  the copy of the notice of obtaining ballot position pursuant

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

  3  for any reason, the filing officer shall immediately notify

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

  5  notwithstanding, have 48 hours from the time such notification

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

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

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

  9  this subparagraph shall disqualify the candidate.

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

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

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

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

14  the candidate, duly acknowledged.

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

16  the candidate and duly acknowledged.

17         4.  The completed form for the appointment of campaign

18  treasurer and designation of campaign depository, as required

19  by s. 106.021. In addition, each candidate for judicial

20  office, including an incumbent judge, shall file a statement

21  with the qualifying officer, within 10 days after filing the

22  appointment of campaign treasurer and designation of campaign

23  depository, stating that the candidate has read and

24  understands the requirements of the Florida Code of Judicial

25  Conduct. Such statement shall be in substantially the

26  following form:

27

28            Statement of Candidate for Judicial Office

29

30

31

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  1  I, ...(name of candidate)..., a judicial candidate, have

  2  received, read, and understand the requirements of the Florida

  3  Code of Judicial Conduct.

  4                                  ...(Signature of candidate)...

  5                                                    ...(Date)...

  6

  7         5.  The full and public disclosure of financial

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

  9  or the statement of financial interests required by s.

10  112.3145, whichever is applicable.

11         (b)  If the filing officer receives qualifying papers

12  that do not include all items as required by paragraph (a)

13  prior to the last day of qualifying, the filing officer shall

14  make a reasonable effort to notify the candidate of the

15  missing or incomplete items and shall inform the candidate

16  that all required items must be received by the close of

17  qualifying.  A candidate's name as it is to appear on the

18  ballot may not be changed after the end of qualifying.

19         Section 3.  Section 105.035, Florida Statutes, is

20  amended to read:

21         105.035  Alternative method of qualifying for certain

22  judicial offices and the office of school board member.--

23         (1)  A person seeking to qualify for election to the

24  office of circuit judge or county court judge or the office of

25  school board member who is unable to pay the qualifying fee

26  without imposing an undue burden on his or her personal

27  resources or on resources otherwise available to him or her

28  may qualify for election to such office by means of the

29  petitioning process prescribed in this section.  A person

30  qualifying by this alternative method shall not be required to

31  pay the qualifying fee required by this chapter.  A person

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  1  using this petitioning process shall file an oath with the

  2  officer before whom the candidate would qualify for the office

  3  stating that he or she intends to qualify by this alternative

  4  method for the office sought and stating that he or she is

  5  unable to pay the qualifying fee for the office without

  6  imposing an undue burden on his or her resources or on

  7  resources otherwise available to him or her.  Such oath shall

  8  be filed at any time after the first Tuesday after the first

  9  Monday in January of the year in which the election is held,

10  but prior to the 21st day preceding the first day of the

11  qualifying period for the office sought. The form of such oath

12  shall be prescribed by the Division of Elections.  No

13  signatures shall be obtained until the person has filed the

14  oath prescribed in this subsection.

15         (2)  Upon receipt of a written oath from a candidate,

16  the qualifying officer shall provide the candidate with a

17  petition format forms in sufficient numbers to facilitate the

18  gathering of signatures pursuant to this section.  No

19  signature shall be counted toward the number of signatures

20  required unless it is on a petition form prescribed pursuant

21  to this subsection.  Such forms shall be prescribed by the

22  Division of Elections to be used by the candidate to reproduce

23  petitions for circulation.  If the candidate is running for an

24  office which will be grouped on the ballot with two or more

25  similar offices to be filled at the same election, the

26  candidate's petition must indicate, prior to the obtaining of

27  registered electors' signatures, for which group or district

28  office the candidate is running.

29         (3)  Each A candidate for election to a judicial office

30  or the office of school board member the office of circuit

31  judge shall obtain the signature of a number of qualified

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  1  electors equal to at least 3 percent of the total number of

  2  registered electors of the district, circuit, county, or other

  3  geographic entity represented by the office sought judicial

  4  circuit as shown by the compilation by the Department of State

  5  for the last preceding general election.  A candidate for the

  6  office of county court judge shall obtain the signatures of a

  7  number of qualified electors equal to at least 3 percent of

  8  the total number of registered electors of the county, as

  9  shown by the compilation by the Department of State for the

10  last preceding general election.  A separate petition shall be

11  circulated for each candidate availing himself or herself of

12  the provisions of this section.

13         (4)(a)  Each candidate seeking to qualify for election

14  to a multicounty the office of circuit judge pursuant to this

15  section shall file a separate petition from each county from

16  which signatures are sought.  Each petition shall be

17  submitted, prior to noon of the 21st day preceding the first

18  day of the qualifying period for the office sought, to the

19  supervisor of elections of the county for which such petition

20  was circulated.  Each supervisor of elections to whom a

21  petition is submitted shall check the signatures on the

22  petition to verify their status as electors of that county and

23  of the geographic area represented by the office sought within

24  the judicial circuit. Prior to the first date for qualifying,

25  the supervisor shall certify the number shown as registered

26  electors of that county within the circuit and submit such

27  certification to the Division of Elections.  The division

28  shall determine whether the required number of signatures has

29  been obtained for the name of the candidate to be placed on

30  the ballot and shall notify the candidate.  If the required

31  number of signatures has been obtained, the candidate shall,

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  1  during the time prescribed for qualifying for office, submit a

  2  copy of such notice and file his or her qualifying papers and

  3  oath prescribed in s. 105.031 with the Division of Elections.

  4  Upon receipt of the copy of such notice and qualifying papers,

  5  the division shall certify the name of the candidate to the

  6  appropriate supervisor or supervisors of elections as having

  7  qualified for the office sought.

  8         (b)  Each candidate seeking to qualify for election to

  9  a countywide the office or office voted on less than a

10  countywide basis of county court judge pursuant to this

11  section shall submit his or her petition, prior to noon of the

12  21st day preceding the first day of the qualifying period for

13  the office sought, to the supervisor of elections of the

14  county for which such petition was circulated. The supervisor

15  shall check the signatures on the petition to verify their

16  status as electors of the county and of the geographic area

17  represented by the office sought.  Prior to the first date for

18  qualifying, the supervisor shall determine whether the

19  required number of signatures has been obtained for the name

20  of the candidate to be placed on the ballot and shall notify

21  the candidate.  If the required number of signatures has been

22  obtained, the candidate shall, during the time prescribed for

23  qualifying for office, submit a copy of such notice and file

24  his or her qualifying papers and oath prescribed in s. 105.031

25  with the qualifying officer supervisor of elections.  Upon

26  receipt of the copy of such notice and qualifying papers by

27  the supervisor of elections, such candidate shall be entitled

28  to have his or her name printed on the ballot.

29         Section 4.  Section 105.041, Florida Statutes, is

30  amended to read:

31         105.041  Form of ballot.--

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

  2  office and candidates for the office of school board member

  3  which appear on the ballot at the first primary election shall

  4  either be grouped together on a separate portion of the ballot

  5  or on a separate ballot.  The names of candidates for judicial

  6  office and candidates for the office of school board member

  7  which appear on the ballot at the general election and the

  8  names of justices and judges seeking retention to office shall

  9  be grouped together on a separate portion of the general

10  election ballot.

11         (2)  LISTING OF CANDIDATES.--The order of nonpartisan

12  offices appearing on the ballot shall be determined by the

13  Department of State. The names of all candidates for each

14  nonpartisan the office of circuit judge or the office of

15  county court judge shall be listed in alphabetical order.

16  With respect to justices and judges of district courts of

17  appeal, the question "Shall Justice (or Judge) (name of

18  justice or judge) of the (name of the court) be retained in

19  office?" shall appear on the ballot and thereafter the words

20  "Yes" and "No."

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

22  reference to political party affiliation shall appear on any

23  ballot with respect to any nonpartisan judicial office or

24  candidate.

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

26  available on the general election ballot for an elector to

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

28  circuit court or county court or member of a school board if a

29  candidate has qualified as a write-in candidate for such

30  office pursuant to s. 105.031. This subsection shall not apply

31  to the offices of justices and judges seeking retention.

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  1         Section 5.  Section 105.051, Florida Statutes, is

  2  amended to read:

  3         105.051  Determination of election to judicial

  4  office.--

  5         (1)(a)  The name of an unopposed candidate for the

  6  office of circuit judge or county court judge shall not appear

  7  on any ballot, and such candidate shall be deemed to have

  8  voted for himself or herself at the general election.

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

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

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

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

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

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

15  majority shall not appear on any other ballot unless a

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

17  unopposed candidate shall be deemed to have voted for himself

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

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

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

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

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

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

24  name of each candidate receiving an equal and highest number

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

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

27  candidate placing first did not receive a majority of the

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

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

30  placed on the general election ballot.

31

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

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

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

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

  5         (2)  With respect to any justice of the Supreme Court

  6  or judge of a district court of appeal who qualifies to run

  7  for retention in office, the question prescribed in s.

  8  105.041(2) shall be placed on the ballot at the general

  9  election.  If a majority of the qualified electors voting on

10  such question within the territorial jurisdiction of the court

11  vote for retention, the justice or judge shall be retained for

12  a term of 6 years commencing on the first Tuesday after the

13  first Monday in January following the general election.  If

14  less than a majority of the qualified electors voting on such

15  question within the territorial jurisdiction of the court vote

16  for retention, a vacancy shall exist in such office upon the

17  expiration of the term being served by the justice or judge.

18         Section 6.  Section 105.055, Florida Statutes, is

19  created to read:

20         105.055  Determination of election to the office of

21  school board member.--

22         (1)  The name of an unopposed candidate for the office

23  of school board member shall not appear on any ballot, and

24  such candidate shall be deemed to have voted for himself or

25  herself at the general election.

26         (2)  If only two candidates, neither of whom is a

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

28  those candidates shall be placed on the general election

29  ballot.

30         (3)  If more than two candidates, none of whom is a

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

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

  2  primary election. The names of the two candidates receiving

  3  the highest number of votes for such office shall be placed on

  4  the general election ballot. If more than two candidates

  5  receive an equal and highest number of votes, the name of each

  6  candidate receiving an equal and highest number of votes shall

  7  be placed on the ballot at the second primary election. The

  8  names of the two candidates receiving the highest number of

  9  votes for such office at the second primary election shall be

10  placed on the general election ballot. In any contest in which

11  there is a tie for second place, the name of the candidate

12  placing first shall be placed on the general election ballot

13  and the name of each candidate tying for second place shall be

14  placed on the ballot at the second primary election, and the

15  candidate who receives the highest number of votes cast for

16  such office at the second primary election shall have his or

17  her name placed on the general election ballot.

18         (4)  The candidate who receives the highest number of

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

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

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

22         Section 7.  Section 105.061, Florida Statutes, is

23  amended to read:

24         105.061  Electors qualified to vote.--

25         (1)  Each qualified elector of the territorial

26  jurisdiction of a court shall be eligible to vote for a

27  candidate for each judicial office of such court or, in the

28  case of a justice of the Supreme Court or a judge of a

29  district court of appeal, for or against retention of such

30  justice or judge.

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  1         (2)  The election of members of a school board shall be

  2  by vote of the qualified electors as prescribed in chapter

  3  230.

  4         Section 8.  Section 105.071, Florida Statutes, is

  5  amended to read:

  6         105.071  Candidates for judicial office; limitations on

  7  political activity.--A candidate for judicial office shall

  8  not:

  9         (1)  Participate in any partisan political party

10  activities, except that such candidate may register to vote as

11  a member of any political party and may vote in any party

12  primary for candidates for nomination of the party in which

13  she or he is registered to vote.

14         (2)  Campaign as a member of any political party.

15         (3)  Publicly represent or advertise herself or himself

16  as a member of any political party.

17         (4)  Endorse any candidate.

18         (5)  Make political speeches other than in the

19  candidate's own behalf.

20         (6)  Make contributions to political party funds.

21         (7)  Accept contributions from any political party.

22         (8)  Solicit contributions for any political party.

23         (9)  Accept or retain a place on any political party

24  committee.

25         (10)  Make any contribution to any person, group, or

26  organization for its endorsement to judicial office.

27         (11)  Agree to pay all or any part of any advertisement

28  sponsored by any person, group, or organization wherein the

29  candidate may be endorsed for judicial office by any such

30  person, group, or organization.

31

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  1  A candidate for judicial office or retention therein who

  2  violates the provisions of this section is liable for a civil

  3  fine of up to $1,000 to be determined by the Florida Elections

  4  Commission guilty of a misdemeanor of the first degree,

  5  punishable as provided in s. 775.082 or s. 775.083.

  6         Section 9.  Section 105.08, Florida Statutes, is

  7  amended to read:

  8         105.08  Campaign contribution and expense; reporting.--

  9         (1)  A candidate for judicial office or the office of

10  school board member may accept contributions and may incur

11  only such expenses as are authorized by law.  Each such

12  candidate shall keep an accurate record of his or her

13  contributions and expenses, and shall file reports pursuant to

14  chapter 106 thereof on the same basis as is required of a

15  candidate for a nonjudicial state office.

16         (2)  Notwithstanding any other provision of this

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

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

19  who has not received any contribution or made any expenditure

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

21  or she does not anticipate receiving contributions or making

22  expenditures in connection with the candidacy for retention to

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

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

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

26  retention. Any such candidate for retention to judicial office

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

28  receives any contribution or makes any expenditure in

29  connection with the candidacy for retention shall immediately

30  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 10.  Subsection (1) of section 99.061, Florida

  4  Statutes, is amended to read:

  5         99.061  Method of qualifying for nomination or election

  6  to federal, state, county, or district office.--

  7         (1)  The provisions of any special act to the contrary

  8  notwithstanding, each person seeking to qualify for nomination

  9  or election to a federal, state, or multicounty district

10  office, other than election to a judicial office as defined in

11  chapter 105 or the office of school board member, shall file

12  his or her qualification papers with, and pay the qualifying

13  fee, which shall consist of the filing fee and election

14  assessment, and party assessment, if any has been levied, to,

15  the Department of State, or qualify by the alternative method

16  with the Department of State, at any time after noon of the

17  1st day for qualifying, which shall be as follows:  the 120th

18  day prior to the first primary, but not later than noon of the

19  116th day prior to the date of the first primary, for persons

20  seeking to qualify for nomination or election to federal

21  office; and noon of the 50th day prior to the first primary,

22  but not later than noon of the 46th day prior to the date of

23  the first primary, for persons seeking to qualify for

24  nomination or election to a state or multicounty district

25  office.  However, the qualifying fee, if any, paid by an

26  independent candidate or a minor party candidate shall be

27  refunded to such candidate by the qualifying officer within 10

28  days from the date that the determination is made that such

29  candidate or minor party failed to obtain the required number

30  of signatures.

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  1         Section 11.  Subsection (4) of section 101.141, Florida

  2  Statutes, is amended to read:

  3         101.141  Specifications for primary election

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

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

  6  for tabulation by an electronic or electromechanical voting

  7  system, the primary election ballot shall conform to the

  8  following specifications:

  9         (4)  The ballot shall have the headings, under which

10  appear the names of the offices and the candidates for the

11  respective offices alphabetically arranged as to surnames, in

12  the following order:  the heading "Congressional" and

13  thereunder the offices of United States Senator and

14  Representative in Congress; the heading "State" and thereunder

15  the offices of Governor and Lieutenant Governor, Secretary of

16  State, Attorney General, Comptroller, Treasurer, Commissioner

17  of Education, Commissioner of Agriculture, state attorney, and

18  public defender; the heading "Legislative" and thereunder the

19  offices of state senator and state representative; the heading

20  "County" and thereunder clerk of the circuit court, clerk of

21  the county court (when authorized by law), sheriff, property

22  appraiser, tax collector, district superintendent of schools,

23  and supervisor of elections.  Thereafter follows:  members of

24  the board of county commissioners, members of the district

25  school board, and such other county and district offices as

26  are involved in the primary election, in the order fixed by

27  the Department of State, followed, in the years of their

28  election, by "Party offices," and thereunder the offices of

29  state and county party executive committee members.

30  Immediately following the name of each office on the ballot

31  shall be printed, "Vote for One."  When more than one

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  1  candidate is to be nominated for office, the candidates for

  2  such office shall qualify and run in a group or district.  The

  3  group or district number shall be printed beneath the name of

  4  the office.  The names of candidates in the respective group

  5  or district shall be arranged thereunder in alphabetical order

  6  as to surnames, and following the group or district number

  7  there shall be printed the words, "Vote for One."  The name of

  8  the office shall be printed over each numbered group or

  9  district and each numbered group or district shall be clearly

10  separated from the next numbered group or district, the same

11  as in the case of single offices.  When two or more candidates

12  running for the same office have the same or similar surname

13  and one candidate is currently holding that office, the word

14  "Incumbent" shall be printed next to the incumbent's name.  If

15  in any primary election all the offices as above set forth are

16  not involved, those offices to be filled shall be arranged on

17  the ballot in the order named.

18         Section 12.  Paragraph (a) of subsection (3) of section

19  101.151, Florida Statutes, is amended to read:

20         101.151  Specifications for general election

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

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

23  for tabulation by an electronic or electromechanical voting

24  system, the general election ballot shall conform to the

25  following specifications:

26         (3)(a)  Beneath the caption and preceding the names of

27  candidates shall be the following words:  "To vote for a

28  candidate whose name is printed on the ballot, place a cross

29  (X) mark in the blank space at the right of the name of the

30  candidate for whom you desire to vote.  To vote for a write-in

31  candidate, write the name of the candidate in the blank space

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  1  provided for that purpose."  The ballot shall have headings

  2  under which shall appear the names of the offices and names of

  3  duly nominated candidates for the respective offices in the

  4  following order:  the heading "Electors for President and Vice

  5  President" and thereunder the names of the candidates for

  6  President and Vice President of the United States nominated by

  7  the political party which received the highest vote for

  8  Governor in the last general election of the Governor in this

  9  state, above which shall appear the name of said party.  Then

10  shall appear the names of other candidates for President and

11  Vice President of the United States who have been properly

12  nominated.  Votes cast for write-in candidates for President

13  and Vice President shall be counted as votes cast for the

14  presidential electors supporting such candidates.  Then shall

15  follow the heading "Congressional" and thereunder the offices

16  of United States Senator and Representative in Congress; then

17  the heading "State" and thereunder the offices of Governor and

18  Lieutenant Governor, Secretary of State, Attorney General,

19  Comptroller, Treasurer, Commissioner of Education,

20  Commissioner of Agriculture, state attorney, and public

21  defender, together with the names of the candidates for each

22  office and the title of the office which they seek; then the

23  heading "Legislative" and thereunder the offices of state

24  senator and state representative; then the heading "County"

25  and thereunder clerk of the circuit court, clerk of the county

26  court (when authorized by law), sheriff, property appraiser,

27  tax collector, district superintendent of schools, and

28  supervisor of elections. Thereafter follows: members of the

29  board of county commissioners, members of the district school

30  board, and such other county offices as are involved in the

31  general election, in the order fixed by the Department of

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  1  State.  When a write-in candidate has qualified for any

  2  office, a subheading "Write-in Candidate for ...(name of

  3  office)..." shall be provided followed by a blank space in

  4  which to write the name of the candidate.  With respect to

  5  write-in candidates, if two or more candidates are seeking

  6  election to one office, only one blank space shall be

  7  provided.

  8         Section 13.  Subsection (2) of section 101.251, Florida

  9  Statutes, is amended to read

10         101.251  Information which supervisor of elections must

11  print on ballots.--

12         (2)  In addition to the names printed on the ballot as

13  provided in subsection (1), the supervisor of elections of

14  each county shall have printed on the general election ballot

15  to be used in the county the names of the nonpartisan

16  candidates judicial officers, as defined in chapter 105, who

17  are entitled to have their names printed on the ballot, and

18  minor party and independent candidates who have obtained a

19  position on the general election ballot in compliance with the

20  requirements of this code.

21         Section 14.  Subsection (1) of section 230.061, Florida

22  Statutes, is amended to read:

23         230.061  School board member residence areas.--

24         (1)  For the purpose of nominating and electing school

25  board members, each district shall be divided into at least

26  five district school board member residence areas, which shall

27  be numbered one to five, inclusive, and which shall, as nearly

28  as practicable, be equal in population.

29         (a)  For those school districts, which have seven

30  school board members, the district may be divided into five

31  district school board member residence areas, with two school

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  1  board members elected at large, or the district may be divided

  2  into seven district school board member residence areas.  In

  3  the latter case, the residence areas shall be numbered one to

  4  seven inclusive and shall be equal in population as nearly as

  5  practicable.

  6         (b)  For those school districts which have seven school

  7  board members, the number of district school board member

  8  residence areas shall be determined by resolution passed by a

  9  majority vote of the district school board.  No district

10  school board shall be required to change the boundaries of the

11  district school board member residence areas in accordance

12  with the provisions of this act prior to July 1, 1981.

13         Section 15.  Subsection (2) of section 230.105, Florida

14  Statutes, is amended to read:

15         230.105  Alternate procedure for the election of

16  district school board members to provide for single-member

17  representation.--

18         (2)  District school board members shall be nominated

19  and elected to office in accordance with the provisions of ss.

20  230.061 and 230.10, or as otherwise provided by law, unless a

21  proposition calling for single-member representation within

22  the residence areas of the district is submitted to and

23  approved by a majority of the qualified electors voting on

24  such proposition in the manner provided in subsection (3).

25         (a)  If the school board is composed of five members,

26  such proposition shall provide that the five members shall

27  reside one in each of five residence areas, the areas together

28  covering the entire district and as nearly equal in population

29  as practicable, pursuant to s. 230.061, each of whom shall be

30  nominated and elected only by the qualified electors who

31  reside in the same residence area as the member.

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  1         (b)  If the school board is composed of seven members,

  2  at the option of the school board, such proposition shall

  3  provide that:

  4         1.  Five of the seven members shall reside one in each

  5  of five residence areas, the areas together covering the

  6  entire district and as nearly equal in population as

  7  practicable, pursuant to s. 230.061, each of whom shall be

  8  nominated and elected only by the qualified electors who

  9  reside in the same residence area as the member, and two of

10  the seven members shall be nominated and elected at large; or

11         2.  All seven members shall reside one in each of seven

12  residence areas, the areas together covering the entire

13  district and as nearly equal in population as practicable,

14  pursuant to s. 230.061, each of whom shall be nominated and

15  elected only by the qualified electors who reside in the same

16  residence area as the member.

17         (c)  All members shall be elected for 4-year terms, but

18  such terms shall be staggered so that, alternately, one more

19  or one less than half of the members elected from residence

20  areas and, if applicable, one of the members elected at large

21  from the entire district are elected every 2 years.  Any

22  member may be elected to an initial term of less than 4 years

23  if necessary to achieve or maintain such system of staggered

24  terms.

25         Section 16.  Sections 105.09 and 230.08, Florida

26  Statutes, are repealed.

27         Section 17.  Paragraph (a) of subsection (12) of

28  section 228.053, Florida Statutes, is amended to read:

29         228.053  Developmental research schools.--

30         (12)  EXCEPTIONS TO LAW.--To encourage innovative

31  practices and facilitate the mission of the developmental

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  1  research schools, in addition to the exceptions to law

  2  specified in s. 229.592(6), the following exceptions shall be

  3  permitted for developmental research schools:

  4         (a)  The methods and requirements of the following

  5  statutes shall be held in abeyance: ss. 230.01; 230.02;

  6  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

  7  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

  8  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

  9  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

10  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

11  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

12  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

13  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

14  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

15  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

16  and 316.75. With the exception of subsection (16) of s.

17  230.23, s. 230.23 shall be held in abeyance. Reference to

18  school boards in s. 230.23(16) shall mean the president of the

19  university or the president's designee.

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21  Notwithstanding the request provisions of s. 229.592(6),

22  developmental research schools shall request all waivers

23  through the Joint Developmental Research School Planning,

24  Articulation, and Evaluation Committee, as established in s.

25  228.054. The committee shall approve or disapprove said

26  requests pursuant to this subsection and s. 229.592(6);

27  however, the Commissioner of Education shall have standing to

28  challenge any decision of the committee should it adversely

29  affect the health, safety, welfare, or civil rights of the

30  students or public interest. The department shall immediately

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  1  notify the committee and developmental research school of the

  2  decision and provide a rationale therefor.

  3         Section 18.  This act shall take effect January 1,

  4  2000.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Provides for the election of school board members in
  9    nonpartisan elections. Provides requirements for
      qualifying for judicial office or the office of school
10    board member. Requires a statement of judicial candidates
      relating to the Code of Judicial Conduct. Provides an
11    alternative method of qualifying for nonpartisan school
      board candidates. Eliminates the requirement for an undue
12    burden oath for nonpartisan candidates. Revises ballot
      requirements for nonpartisan candidates. Provides for
13    determination of election to judicial office and to the
      office of school board member. Specifies the electors who
14    are eligible to vote for nonpartisan school board
      candidates. Provides for a civil penalty rather than a
15    criminal penalty for violation of provisions relating to
      limitations on political activity by candidates for
16    judicial office. Provides for reporting of contributions
      and expenditures for nonpartisan school board candidates.
17    Amends various provisions of the Florida Election Code to
      conform. Repeals provisions relating to endorsement or
18    other support of judicial candidates by partisan
      organizations and to nomination of candidates for the
19    office of school board member. See bill for details.

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