Senate Bill 2104er

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    2000 Legislature                        SB 2104, 1st Engrossed



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  2         An act relating to elections; amending s.

  3         101.161, F.S.; providing an exception to ballot

  4         statement and title length requirements;

  5         revising ballot language used to change the

  6         method of selecting circuit and county court

  7         judges; amending s. 105.041, F.S.; providing

  8         procedure for determining the position on the

  9         ballot of the names of candidates for the

10         office of circuit judge; amending s. 101.161,

11         F.S.; providing an effective date.

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

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15         Section 1.  Subsections (1) and (3) of section 101.161,

16  Florida Statutes, are amended to read:

17         101.161  Referenda; ballots.--

18         (1)  Whenever a constitutional amendment or other

19  public measure is submitted to the vote of the people, the

20  substance of such amendment or other public measure shall be

21  printed in clear and unambiguous language on the ballot after

22  the list of candidates, followed by the word "yes" and also by

23  the word "no," and shall be styled in such a manner that a

24  "yes" vote will indicate approval of the proposal and a "no"

25  vote will indicate rejection. The wording of the substance of

26  the amendment or other public measure and the ballot title to

27  appear on the ballot shall be embodied in the joint

28  resolution, constitutional revision commission proposal,

29  constitutional convention proposal, taxation and budget reform

30  commission proposal, or enabling resolution or ordinance.

31  Except for amendments and ballot language proposed by joint


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2000 Legislature                        SB 2104, 1st Engrossed



  1  resolution, the substance of the amendment or other public

  2  measure shall be an explanatory statement, not exceeding 75

  3  words in length, of the chief purpose of the measure.  The

  4  ballot title shall consist of a caption, not exceeding 15

  5  words in length, by which the measure is commonly referred to

  6  or spoken of.

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

  8  2000 must contain a statement allowing voters to determine

  9  whether circuit or county court judges will be selected by

10  merit selection and retention as provided in s. 10, Art. V of

11  the State Constitution. The ballot in each circuit must

12  contain the statement in paragraph (c). The ballot in each

13  county must contain the statement in paragraph (e).

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

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

16  any county, has certified the ballot position for an

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

18  ballot for any circuit must contain the statement in paragraph

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

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

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

22  the selection of circuit court judges to selection by merit

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

24  method of selecting circuit court judges in the ...(number of

25  the circuit)... judicial circuit be changed from election by a

26  vote of the people to selection by the judicial nominating

27  commission and appointment by the Governor with subsequent

28  terms determined by a retention vote of the people selected

29  through merit selection and retention?" This statement must be

30  followed by the word "yes" and also by the word "no."

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    ENROLLED

    2000 Legislature                        SB 2104, 1st Engrossed



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

  2  the selection of circuit court judges to election by the

  3  voters, the ballot shall state: "Shall the method of selecting

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

  5  judicial circuit be changed from selection by the judicial

  6  nominating commission and appointment by the Governor with

  7  subsequent terms determined by a retention vote of the people

  8  to election by a vote of the people selected by vote of the

  9  electorate of the circuit?" This statement must be followed by

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

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

12  the selection of county court judges to merit selection and

13  retention, the ballot shall state: "Shall the method of

14  selecting county court judges in ...(name of county)... be

15  changed from election by a vote of the people to selection by

16  the judicial nominating commission and appointment by the

17  Governor with subsequent terms determined by a retention vote

18  of the people selected through merit selection and retention?"

19  This statement must be followed by the word "yes" and also by

20  the word "no."

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

22  the selection of county court judges to election by the

23  voters, the ballot shall state: "Shall the method of selecting

24  county court judges in ...(name of the county)... be changed

25  from selection by the judicial nominating commission and

26  appointment by the Governor with subsequent terms determined

27  by a retention vote of the people to election by a vote of the

28  people selected by vote of the electorate of the county?" This

29  statement must be followed by the word "yes" and also by the

30  word "no."

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    ENROLLED

    2000 Legislature                        SB 2104, 1st Engrossed



  1         Section 2.  Subsection (2) of section 105.041, Florida

  2  Statutes, is amended to read:

  3         105.041  Form of ballot.--

  4         (2)  LISTING OF CANDIDATES.--

  5         (a)  Except as provided in paragraph (b), the order of

  6  nonpartisan offices appearing on the ballot shall be

  7  determined by the Department of State. The names of candidates

  8  for election to each nonpartisan office shall be listed in

  9  alphabetical order.  With respect to retention of justices and

10  judges, the question "Shall Justice (or Judge) (name of

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

12  office?" shall appear on the ballot in alphabetical order and

13  thereafter the words "Yes" and "No."

14         (b)1.  The names of candidates for the office of

15  circuit judge shall be listed on the first primary ballot in

16  the order determined by lot conducted by the director of the

17  Division of Elections of the Department of State after the

18  close of the qualifying period.

19         2.  Candidates who have secured a position on the

20  general election ballot, after having survived elimination at

21  the first primary, shall have their names listed in the same

22  order as on the first primary ballot, notwithstanding the

23  elimination of any intervening names as a result of the first

24  primary.

25         Section 3.  This act shall take effect July 1, 2000.

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