Senate Bill 0364

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



    Florida Senate - 2000                                   SB 364

    By the Committee on Ethics and Elections; and Senators
    Saunders, Rossin, Hargrett, Sebesta and Kirkpatrick




    313-133A-00

  1                      A bill to be entitled

  2         An act relating to elections; creating s.

  3         100.065, F.S.; allowing all electors to vote in

  4         certain primary election contests; amending ss.

  5         101.021, 101.251, 101.5606, F.S.; conforming

  6         provisions; providing an effective date.

  7

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

  9

10         Section 1.  Section 100.065, Florida Statutes, is

11  created to read:

12         100.065  Universal primary.--

13         (1)  Notwithstanding any other provision of law, if all

14  candidates for an office are seeking the nomination of the

15  same political party and there is no opposition in the general

16  election except from a write-in candidate, all registered

17  electors, regardless of party affiliation, may vote for a

18  candidate for that office in the first primary election and,

19  if necessary, in the general election.

20         (2)  If two or more candidates have qualified for an

21  office and only one political party is represented and there

22  is no opposition in the general election except from a

23  write-in candidate, a universal primary shall be held. In the

24  universal primary, the names of candidates for offices shall

25  be placed on the first primary election ballot of each

26  political party holding a primary election and on a ballot for

27  electors registered without party affiliation or registered in

28  a party that is not holding a primary election.  The offices

29  shall be grouped on a separate portion of the ballot.  The

30  offices shall be placed under the heading "Universal Primary"

31  in the order determined by the Department of State. The

                                  1

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






    Florida Senate - 2000                                   SB 364
    313-133A-00




  1  appropriate party-name abbreviation must follow each

  2  candidate's name.

  3         (3)(a)  If any candidate for such office receives a

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

  5  primary election and if there is no write-in candidate in the

  6  general election, the name of the candidate who receives such

  7  majority shall not be printed on any other ballot. Such

  8  candidate is considered to have voted for himself at the

  9  general election. If a write-in candidate has qualified for

10  the general election, the name of the candidate receiving a

11  majority of the votes in the first primary election shall be

12  placed on the general election ballot, along with a space for

13  writing in the name of a write-in candidate.

14         (b)  If no candidate for such office receives a

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

16  primary election, the names of the two candidates receiving

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

18  the general election ballot, along with a space for writing in

19  the name of a write-in candidate, if one has qualified.  If

20  more than two candidates receive an equal and highest number

21  of votes, the name of each candidate receiving an equal and

22  highest number of votes shall be placed on the general

23  election ballot. In a first-primary election in which there is

24  a tie for second place and the candidate placing first did not

25  receive a majority of the votes cast for such office, the name

26  of the candidate placing first and the name of each candidate

27  tying for second shall be placed on the general election

28  ballot.

29         Section 2.  Section 101.021, Florida Statutes, is

30  amended to read:

31

                                  2

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






    Florida Senate - 2000                                   SB 364
    313-133A-00




  1         101.021  Elector to vote the primary ballot of the

  2  political party in which he or she is registered.--Except as

  3  provided in s. 100.065, In a primary election a qualified

  4  elector is entitled to vote the official primary election

  5  ballot of the political party designated in the elector's

  6  registration, and no other. it is unlawful for any elector to

  7  vote in a primary for any candidate running for nomination

  8  from a party other than that in which such elector is

  9  registered.

10         Section 3.  Subsection (2) of section 101.251, Florida

11  Statutes, is amended to read:

12         101.251  Information which supervisor of elections must

13  print on ballots.--

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

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

16  each county shall have printed on the general election ballot

17  to be used in the county the names of candidates who are

18  entitled to have their names printed on the ballot under s.

19  100.065, the names of the nonpartisan candidates who are

20  entitled to have their names printed on the ballot, and minor

21  party and candidates with no party affiliation who have

22  obtained a position on the general election ballot in

23  compliance with the requirements of this code.

24         Section 4.  Subsection (5) of section 101.5606, Florida

25  Statutes, is amended to read:

26         101.5606  Requirements for approval of systems.--No

27  electronic or electromechanical voting system shall be

28  approved by the Department of State unless it is so

29  constructed that:

30         (5)  It permits each voter at a primary election to

31  vote only for the candidates seeking nomination by the

                                  3

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






    Florida Senate - 2000                                   SB 364
    313-133A-00




  1  political party in which such voter is registered, except as

  2  provided in s. 100.065, for any candidate for nonpartisan

  3  office, and for any question upon which the voter is entitled

  4  to vote.

  5         Section 5.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Provides that if all candidates for an office are seeking
      the nomination of the same political party and there is
11    no opposition in the general election except from a
      write-in candidate, all registered electors, regardless
12    of party affiliation, may vote for that office in the
      first primary election and, if necessary, in the general
13    election. Specifies procedures for placing the
      candidates' names on the ballot.
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4