Senate Bill 0752er

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    1999 Legislature                                 CS for SB 752



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  2         An act relating to elections; creating s.

  3         99.063, F.S.; providing for the designation of

  4         candidates for Lieutenant Governor; providing

  5         requirements and time for qualifying for such

  6         office; providing for ballot language on

  7         primary election ballots if the candidate for

  8         Lieutenant Governor has not been designated by

  9         a time certain; repealing s. 99.092(3), F.S.,

10         and amending ss. 99.095, 99.0955 and 101.62,

11         F.S.; conforming provisions; amending s.

12         100.111, F.S.; allowing a candidate who has

13         qualified for public office who has withdrawn

14         or been eliminated to be designated as a

15         candidate for Lieutenant Governor; amending s.

16         102.112, F.S.; revising the time for submission

17         of county returns to the Department of State;

18         providing an effective date.

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

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22         Section 1.  Section 99.063, Florida Statutes, is

23  created to read:

24         99.063  Candidates for Governor and Lieutenant

25  Governor.--

26         (1)  No later than 5 p.m. of the 6th day following the

27  second primary election, each candidate for Governor shall

28  designate a Lieutenant Governor as a running mate.  Such

29  designation must be made in writing to the Department of

30  State.

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  1         (2)  No later than 5 p.m. of the 6th day following the

  2  second primary election, each designated candidate for

  3  Lieutenant Governor shall file with the Department of State:

  4         (a)  The candidate's oath required by s. 99.021, which

  5  must contain the name of the candidate as it is to appear on

  6  the ballot; the office sought; and the signature of the

  7  candidate, duly acknowledged.

  8         (b)  The loyalty oath required by s. 876.05, signed by

  9  the candidate and duly acknowledged.

10         (c)  If the office sought is partisan, the written

11  statement of political party affiliation required by s.

12  99.021(1)(b).

13         (d)  The full and public disclosure of financial

14  interests pursuant to s. 8, Art. II of the State Constitution.

15         (3)  A designated candidate for Lieutenant Governor is

16  not required to pay a separate qualifying fee or obtain

17  signatures on petitions.  Ballot position obtained by the

18  candidate for Governor entitles the designated candidate for

19  Lieutenant Governor, upon receipt by the Department of State

20  of the qualifying papers required by subsection (2), to have

21  his or her name placed on the ballot for the joint candidacy.

22         (4)  In order to have the name of the candidate for

23  Lieutenant Governor printed on the first or second primary

24  election ballot, a candidate for Governor participating in the

25  primary must designate the candidate for Lieutenant Governor,

26  and the designated candidate must qualify no later than the

27  end of the qualifying period specified in s. 99.061.  If the

28  candidate for Lieutenant Governor has not been designated and

29  has not qualified by the end of the qualifying period

30  specified in s. 99.061, the phrase "Not Yet Designated" must

31  be included in lieu of the candidate's name on primary


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    1999 Legislature                                 CS for SB 752



  1  election ballots and on advance absentee ballots for the

  2  general election.

  3         (5)  Failure of the Lieutenant Governor candidate to be

  4  designated and qualified by the time specified in subsection

  5  (2) shall result in forfeiture of ballot position for the

  6  candidate for Governor for the general election.

  7         Section 2.  Subsection (3) of section 99.092, Florida

  8  Statutes, is repealed.

  9         Section 3.  Subsection (3) of section 99.095, Florida

10  Statutes, is amended to read:

11         99.095  Alternative method of qualifying.--

12         (3)  When a candidate has filed the oath prescribed in

13  subsection (1), the candidate may begin to seek signatures on

14  petitions supporting his or her candidacy.  Only signatures of

15  electors who are registered in the political party by which

16  the candidate seeks to be nominated and who are registered to

17  vote in the county, district, or other geographical entity

18  represented by the office sought shall be counted toward

19  obtaining the minimum numbers of signatures prescribed in this

20  subsection.  A candidate for an office elected on a statewide

21  basis shall obtain the signatures of a number of qualified

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

23  registered electors of Florida who are registered in the party

24  by which the candidate seeks nomination, as shown by the

25  compilation by the Department of State for the last preceding

26  general election.  A candidate for any federal, state, county,

27  or district office to be elected on less than a statewide

28  basis shall obtain the signatures of a number of qualified

29  electors of the district, county, or other geographical entity

30  equal to at least 3 percent of the total number of registered

31  voters of the party by which the candidate seeks nomination


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  1  that are registered within the district, county, or other

  2  geographical entity represented by the office sought, as shown

  3  by the compilation by the Department of State for the last

  4  preceding general election.  A separate petition shall be

  5  circulated for each candidate availing himself or herself of

  6  the provisions of this section. However, candidates for the

  7  offices of Governor and Lieutenant Governor forming joint

  8  candidacies shall use the same nominating petition for both

  9  candidates.

10         Section 4.  Subsection (2) of section 99.0955, Florida

11  Statutes, is amended to read:

12         99.0955  Independent candidate for office; name on

13  general election ballot.--

14         (2)  A candidate for an office elected on a statewide

15  basis shall obtain the signatures of a number of the qualified

16  electors equal to 3 percent of the registered electors of

17  Florida, as shown by the compilation by the Department of

18  State for the last preceding general election.  When joint

19  candidacies for the offices of Governor and Lieutenant

20  Governor are provided by law, independent candidates for the

21  offices of Governor and Lieutenant Governor shall form a joint

22  candidacy, and only one petition shall be used to place both

23  names on the ballot as otherwise provided in this section.  A

24  candidate for any federal, state, county, or district office

25  to be elected on less than a statewide basis shall obtain the

26  signatures of a number of the qualified electors of the

27  district, county, or other geographical entity equal to at

28  least 3 percent of the total number of the registered voters

29  of the district, county, or other geographical entity

30  represented by the office sought, as shown by the compilation

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  1  by the Department of State for the last preceding general

  2  election.

  3         Section 5.  Paragraph (d) of subsection (4) of section

  4  100.111, Florida Statutes, is amended to read:

  5         100.111  Filling vacancy.--

  6         (4)

  7         (d)  Any person who, at the close of qualifying as

  8  prescribed in ss. 99.061 and 105.031, was qualified for

  9  nomination or election to or retention in a public office to

10  be filled at the ensuing general election is prohibited from

11  qualifying as a candidate to fill a vacancy in nomination for

12  any other office to be filled at that general election, even

13  if such person has withdrawn or been eliminated as a candidate

14  for the original office sought. However, this paragraph does

15  not apply to a candidate for the office of Lieutenant Governor

16  who applies to fill a vacancy in nomination for the office of

17  Governor on the same ticket or to a person who has withdrawn

18  or been eliminated as a candidate and who is subsequently

19  designated as a candidate for Lieutenant Governor under s.

20  99.063.

21         Section 6.  Paragraph (a) of subsection (4) of section

22  101.62, Florida Statutes, 1998 Supplement, is amended to read:

23         101.62  Request for absentee ballots.--

24         (4)(a)  To each absent qualified elector overseas who

25  has requested an absentee ballot, the supervisor of elections

26  shall, not fewer than 35 days before the first primary

27  election, mail an absentee ballot.  Not fewer than 45 days

28  before the second primary and general election, the supervisor

29  of elections shall mail an advance absentee ballot to those

30  persons requesting ballots for such elections.  The advance

31  absentee ballot for the second primary shall be the same as


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    1999 Legislature                                 CS for SB 752



  1  the first primary absentee ballot as to the names of

  2  candidates, except that for any offices where there are only

  3  two candidates, those offices and all political party

  4  executive committee offices shall be omitted.  Except as

  5  provided in s. 99.063(4), the advance absentee ballot for the

  6  general election shall be as specified in s. 101.151, except

  7  that in the case of candidates of political parties where

  8  nominations were not made in the first primary, the names of

  9  the candidates placing first and second in the first primary

10  election shall be printed on the advance absentee ballot. The

11  advance absentee ballot or advance absentee ballot information

12  booklet shall be of a different color for each election and

13  also a different color from the absentee ballots for the first

14  primary, second primary, and general election.  The supervisor

15  shall mail an advance absentee ballot for the second primary

16  and general election to each qualified absent elector for whom

17  a request is received until the absentee ballots are printed.

18  The supervisor shall enclose with the advance second primary

19  absentee ballot and advance general election absentee ballot

20  an explanation stating that the absentee ballot for the

21  election will be mailed as soon as it is printed; and, if both

22  the advance absentee ballot and the absentee ballot for the

23  election are returned in time to be counted, only the absentee

24  ballot will be counted.

25         Section 7.  Subsection (1) of section 102.112, Florida

26  Statutes, is amended to read:

27         102.112  Deadline for submission of county returns to

28  the Department of State; penalties.--

29         (1)  The county canvassing board or a majority thereof

30  shall file the county returns for the election of a federal or

31  state officer with the Department of State immediately after


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    1999 Legislature                                 CS for SB 752



  1  certification of the election results. Returns must be filed

  2  by 5 p.m. on the 7th day following the first primary and

  3  general election and by 3 p.m. on the 3rd day following the

  4  second primary. If the returns are not received by the

  5  department by the time specified 5 p.m. on the 7th day after

  6  an election, such returns may be ignored and the results on

  7  file at that time may be certified by the department.

  8         Section 8.  This act shall take effect January 1, 2000.

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