Senate Bill sb1536

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    Florida Senate - 2002                                  SB 1536

    By Senator Sebesta





    20-419A-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to supervisors of elections;

  3         amending s. 98.015, F.S.; providing for the

  4         nonpartisan election of supervisors of

  5         elections; amending s. 101.151, F.S., relating

  6         to specifications for ballots, to conform;

  7         amending s. 105.031, F.S.; requiring candidates

  8         for supervisor of elections to pay a qualifying

  9         fee, subscribe to an oath, and file certain

10         items to qualify; amending s. 105.035, F.S.;

11         providing procedures for candidates for

12         supervisor of elections to qualify by the

13         alternative method; amending s. 105.041, F.S.;

14         providing for the form of the ballot for

15         candidates for supervisor of elections;

16         providing for write-in candidates for

17         supervisor of elections; amending s. 105.051,

18         F.S.; providing for determination of election

19         to office of candidates for supervisor of

20         elections; amending s. 105.061, F.S.; providing

21         that supervisors of elections shall be elected

22         by vote of the qualified electors of the

23         county; amending s. 105.08, F.S.; providing

24         requirements for candidates for supervisor of

25         elections with respect to campaign

26         contributions and expenses and their reporting;

27         amending s. 105.09, F.S.; prohibiting certain

28         political activity on behalf of a candidate for

29         supervisor of elections; providing penalties;

30         providing an effective date.

31

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




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

  2

  3         Section 1.  Subsection (1) of section 98.015, Florida

  4  Statutes, is amended to read:

  5         98.015  Supervisor of elections; election, tenure of

  6  office, compensation, custody of books, office hours,

  7  successor, seal; appointment of deputy supervisors; duties.--

  8         (1)  A supervisor of elections shall be elected in a

  9  nonpartisan election in each county at the general election in

10  each year the number of which is a multiple of four for a

11  4-year term commencing on the first Tuesday after the first

12  Monday in January succeeding his or her election. Each

13  supervisor shall, before performing any of his or her duties,

14  take the oath prescribed in s. 5, Art. II of the State

15  Constitution.

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

17  101.151, Florida Statutes, is amended to read:

18         101.151  Specifications for ballots.--

19         (2)(a)  The ballot shall have headings under which

20  shall appear the names of the offices and names of duly

21  nominated candidates for the respective offices in the

22  following order:  the heading "President and Vice President"

23  and thereunder the names of the candidates for President and

24  Vice President of the United States nominated by the political

25  party that received the highest vote for Governor in the last

26  general election of the Governor in this state.  Then shall

27  appear the names of other candidates for President and Vice

28  President of the United States who have been properly

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

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

31  presidential electors supporting such candidates.  Then shall

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  follow the heading "Congressional" and thereunder the offices

  2  of United States Senator and Representative in Congress; then

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

  4  Lieutenant Governor, Secretary of State, Attorney General,

  5  Comptroller, Treasurer, Commissioner of Education,

  6  Commissioner of Agriculture, state attorney, and public

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

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

  9  heading "Legislative" and thereunder the offices of state

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

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

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

13  tax collector, and district superintendent of schools, and

14  supervisor of elections. Thereafter follows: members of the

15  board of county commissioners, and such other county and

16  district offices as are involved in the general election, in

17  the order fixed by the Department of State, followed, in the

18  year of their election, by "Party Offices," and thereunder the

19  offices of state and county party executive committee members.

20  In addition to the names printed on the ballot, a blank space

21  shall be provided under each heading for an office for which a

22  write-in candidate has qualified. With respect to write-in

23  candidates, if two or more candidates are seeking election to

24  one office, only one blank space shall be provided.

25         Section 3.  Subsection (3), paragraph (a) of subsection

26  (4), and paragraph (a) of subsection (5) of section 105.031,

27  Florida Statutes, are amended to read:

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

29  items required to be filed.--

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

31  election to a judicial office, the office of supervisor of

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  elections, or the office of school board member, except

  2  write-in judicial candidates, shall, during the time for

  3  qualifying, pay to the officer with whom he or she qualifies a

  4  qualifying fee, which shall consist of a filing fee and an

  5  election assessment, or qualify by the alternative method. The

  6  amount of the filing fee is 3 percent of the annual salary of

  7  the office sought. The amount of the election assessment is 1

  8  percent of the annual salary of the office sought.  The

  9  Department of State shall forward all filing fees to the

10  Department of Revenue for deposit in the Elections Commission

11  Trust Fund.  The supervisor of elections shall forward all

12  filing fees to the Elections Commission Trust Fund.  The

13  election assessment shall be deposited into the Elections

14  Commission Trust Fund.  The annual salary of the office for

15  purposes of computing the qualifying fee shall be computed by

16  multiplying 12 times the monthly salary authorized for such

17  office as of July 1 immediately preceding the first day of

18  qualifying.  This subsection shall not apply to candidates

19  qualifying for retention to judicial office.

20         (4)  CANDIDATE'S OATH.--

21         (a)  All candidates for the office of supervisor of

22  elections or the office of school board member shall subscribe

23  to the oath as prescribed in s. 99.021.

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

25         (a)  In order for a candidate for judicial office, the

26  office of supervisor of elections, or the office of school

27  board member to be qualified, the following items must be

28  received by the filing officer by the end of the qualifying

29  period:

30         1.  Except for candidates for retention to judicial

31  office, a properly executed check drawn upon the candidate's

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  campaign account in an amount not less than the fee required

  2  by subsection (3) or, in lieu thereof, the copy of the notice

  3  of obtaining ballot position pursuant to s. 105.035. If a

  4  candidate's check is returned by the bank for any reason, the

  5  filing officer shall immediately notify the candidate and the

  6  candidate shall, the end of qualifying notwithstanding, have

  7  48 hours from the time such notification is received,

  8  excluding Saturdays, Sundays, and legal holidays, to pay the

  9  fee with a cashier's check purchased from funds of the

10  campaign account.  Failure to pay the fee as provided in this

11  subparagraph shall disqualify the candidate.

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

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

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

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

16  the candidate, duly acknowledged.

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

18  the candidate and duly acknowledged.

19         4.  The completed form for the appointment of campaign

20  treasurer and designation of campaign depository, as required

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

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

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

24  appointment of campaign treasurer and designation of campaign

25  depository, stating that the candidate has read and

26  understands the requirements of the Florida Code of Judicial

27  Conduct. Such statement shall be in substantially the

28  following form:

29

30            Statement of Candidate for Judicial Office

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  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         Section 4.  Section 105.035, Florida Statutes, is

12  amended to read:

13         105.035  Alternative method of qualifying for certain

14  judicial offices, the office of supervisor of elections, and

15  the office of school board member.--

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

17  office of circuit judge or county court judge, the office of

18  supervisor of elections, or the office of school board member

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

20  petitioning process prescribed in this section.  A person

21  qualifying by this alternative method shall not be required to

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

23  using this petitioning process shall file an oath with the

24  officer before whom the candidate would qualify for the office

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

26  method for the office sought. Such oath shall be filed at any

27  time after the first Tuesday after the first Monday in January

28  of the year in which the election is held, but prior to the

29  21st day preceding the first day of the qualifying period for

30  the office sought. The form of such oath shall be prescribed

31  by the Division of Elections.  No signatures shall be obtained

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  until the person has filed the oath prescribed in this

  2  subsection.

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

  4  the qualifying officer shall provide the candidate with a

  5  petition format prescribed by the Division of Elections to be

  6  used by the candidate to reproduce petitions for circulation.

  7  If the candidate is running for an office which will be

  8  grouped on the ballot with two or more similar offices to be

  9  filled at the same election, the candidate's petition must

10  indicate, prior to the obtaining of registered electors'

11  signatures, for which group or district office the candidate

12  is running.

13         (3)  Each candidate for election to a judicial office,

14  the office of supervisor of elections, or the office of school

15  board member shall obtain the signature of a number of

16  qualified electors equal to at least 1 percent of the total

17  number of registered electors of the district, circuit,

18  county, or other geographic entity represented by the office

19  sought as shown by the compilation by the Department of State

20  for the last preceding general election.   A separate petition

21  shall be circulated for each candidate availing himself or

22  herself of the provisions of this section.

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

24  to the office of circuit judge or the office of school board

25  member from a multicounty school district pursuant to this

26  section shall file a separate petition from each county from

27  which signatures are sought.  Each petition shall be

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

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

30  supervisor of elections of the county for which such petition

31  was circulated.  Each supervisor of elections to whom a

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  petition is submitted shall check the signatures on the

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

  3  of the geographic area represented by the office sought. Prior

  4  to the first date for qualifying, the supervisor shall certify

  5  the number shown as registered electors and submit such

  6  certification to the Division of Elections.  The division

  7  shall determine whether the required number of signatures has

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

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

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

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

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

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

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

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

16  appropriate supervisor or supervisors of elections as having

17  qualified for the office sought.

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

19  the office of county court judge, the office of supervisor of

20  elections, or the office of school board member from a single

21  county school district pursuant to this section shall submit

22  his or her petition, prior to noon of the 21st day preceding

23  the first day of the qualifying period for the office sought,

24  to the supervisor of elections of the county for which such

25  petition was circulated. The supervisor shall check the

26  signatures on the petition to verify their status as electors

27  of the county and of the geographic area represented by the

28  office sought.  Prior to the first date for qualifying, the

29  supervisor shall determine whether the required number of

30  signatures has been obtained for the name of the candidate to

31  be placed on the ballot and shall notify the candidate.  If

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1  the required number of signatures has been obtained, the

  2  candidate shall, during the time prescribed for qualifying for

  3  office, submit a copy of such notice and file his or her

  4  qualifying papers and oath prescribed in s. 105.031 with the

  5  qualifying officer.  Upon receipt of the copy of such notice

  6  and qualifying papers, such candidate shall be entitled to

  7  have his or her name printed on the ballot.

  8         Section 5.  Subsections (1) and (4) of section 105.041,

  9  Florida Statutes, are amended to read:

10         105.041  Form of ballot.--

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

12  office, candidates for the office of supervisor of elections,

13  and candidates for the office of school board member which

14  appear on the ballot at the first primary election shall

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

16  or on a separate ballot.  The names of candidates for election

17  to judicial office, candidates for the office of supervisor of

18  elections, and candidates for the office of school board

19  member which appear on the ballot at the general election and

20  the names of justices and judges seeking retention to office

21  shall be grouped together on a separate portion of the general

22  election ballot.

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

24  available on the general election ballot for an elector to

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

26  circuit court or county court, supervisor of elections, or

27  member of a school board if a candidate has qualified as a

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

29  This subsection shall not apply to the offices of justices and

30  judges seeking retention.

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1         Section 6.  Paragraph (a) of subsection (1) of section

  2  105.051, Florida Statutes, is amended to read:

  3         105.051  Determination of election or retention to

  4  office.--

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

  6  elections:

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

  8  of circuit judge, county court judge, supervisor of elections,

  9  or member of a school board shall not appear on any ballot,

10  and such candidate shall be deemed to have voted for himself

11  or herself at the general election.

12         Section 7.  Subsection (3) is added to section 105.061,

13  Florida Statutes, to read:

14         105.061  Electors qualified to vote.--

15         (3)  The election of the supervisor of elections shall

16  be by vote of the qualified electors of the county.

17         Section 8.  Subsection (1) of section 105.08, Florida

18  Statutes, is amended to read:

19         105.08  Campaign contribution and expense; reporting.--

20         (1)  A candidate for judicial office, the office of

21  supervisor of elections, or the office of school board member

22  may accept contributions and may incur only such expenses as

23  are authorized by law.  Each such candidate shall keep an

24  accurate record of his or her contributions and expenses, and

25  shall file reports pursuant to chapter 106.

26         Section 9.  Section 105.09, Florida Statutes, is

27  amended to read:

28         105.09  Political activity in behalf of a candidate for

29  judicial office or the office of supervisor of elections

30  limited.--

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    Florida Senate - 2002                                  SB 1536
    20-419A-02                                              See HB




  1         (1)  No political party or partisan political

  2  organization shall endorse, support, or assist any candidate

  3  in a campaign for election to judicial office or the office of

  4  supervisor of elections.

  5         (2)  Any person who knowingly, in an individual

  6  capacity or as an officer of an organization, violates the

  7  provisions of this section commits is guilty of a misdemeanor

  8  of the second degree, punishable as provided in s. 775.082 or

  9  s. 775.083.

10         Section 10.  This act shall take effect January 1,

11  2003.

12

13            *****************************************

14                       LEGISLATIVE SUMMARY

15
      Provides for the nonpartisan election of supervisors of
16    elections, and amends various provisions of ch. 105,
      F.S., relating to nonpartisan elections, to include the
17    office of supervisor of elections in such provisions.
      Provides for a qualifying fee, an oath, and the filing of
18    certain items to qualify; procedures for qualifying by
      the alternative method; requirements for the form of the
19    ballot, including provision for write-in candidates;
      requirements for determination of election to office; and
20    requirements with respect to the electors qualified to
      vote in an election for supervisor of elections.
21    Prohibits certain political activity on behalf of a
      candidate for supervisor of elections.  Provides
22    requirements for candidates for supervisor of elections
      with respect to campaign contributions and expenses and
23    the reporting thereof. (See bill for details.)

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