HB 0079A 2003
1	A bill to be entitled
2	An act relating to elections; amending ss. 99.061 and
3	105.031, F.S.; providing for earlier qualifying for
4	nomination or election to public office; amending ss.
5	99.095, 99.0955, and 99.096, F.S.; providing for earlier
6	filing of the oath to qualify by the alternative method;
7	amending ss. 100.061 and 100.091, F.S.; providing for
8	earlier primary elections; amending s. 106.07, F.S.;
9	providing for additional campaign finance reporting
10	periods; providing for construction of the act in pari
11	materia with laws enacted during the 2003 Regular Session
12	of the Legislature; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Subsections (1) and (2) of section 99.061,
17	Florida Statutes, are amended to read:
18	99.061 Method of qualifying for nomination or election to
19	federal, state, county, or district office.--
20	(1) The provisions of any special act to the contrary
21	notwithstanding, each person seeking to qualify for nomination
22	or election to a federal, state, or multicounty district office,
23	other than election to a judicial office as defined in chapter
24	105 or the office of school board member, shall file his or her
25	qualification papers with, and pay the qualifying fee, which
26	shall consist of the filing fee and election assessment, and
27	party assessment, if any has been levied, to, the Department of
28	State, or qualify by the alternative method with the Department
29	of State, at any time after noon of the 1st day for qualifying,
30	which shall be as follows: the 120th day prior to the first
31	primary, but not later than noon of the 116th day prior to the
32	date of the first primary, for persons seeking to qualify for
33	nomination or election to federal office; and noon of the 64th
34	50thday prior to the first primary, but not later than noon of
35	the 60th46thday prior to the date of the first primary, for
36	persons seeking to qualify for nomination or election to a state
37	or multicounty district office.
38	(2) The provisions of any special act to the contrary
39	notwithstanding, each person seeking to qualify for nomination
40	or election to a county office, or district or special district
41	office not covered by subsection (1), shall file his or her
42	qualification papers with, and pay the qualifying fee, which
43	shall consist of the filing fee and election assessment, and
44	party assessment, if any has been levied, to, the supervisor of
45	elections of the county, or shall qualify by the alternative
46	method with the supervisor of elections, at any time after noon
47	of the 1st day for qualifying, which shall be the 64th50thday
48	prior to the first primary or special district election, but not
49	later than noon of the 60th46thday prior to the date of the
50	first primary or special district election. However, if a
51	special district election is held at the same time as the second
52	primary or general election, qualifying shall be the 50th day
53	prior to the first primary, but not later than noon of the 46th
54	day prior to the date of the first primary. Within 30 days after
55	the closing of qualifying time, the supervisor of elections
56	shall remit to the secretary of the state executive committee of
57	the political party to which the candidate belongs the amount of
58	the filing fee, two-thirds of which shall be used to promote the
59	candidacy of candidates for county offices and the candidacy of
60	members of the Legislature.
61	Section 2. Subsection (1) of section 99.095, Florida
62	Statutes, is amended to read:
63	99.095 Alternative method of qualifying.--
64	(1) A person seeking to qualify for nomination to any
65	office may qualify to have his or her name placed on the ballot
66	for the first primary election by means of the petitioning
67	process prescribed in this section. A person qualifying by this
68	alternative method shall not be required to pay the qualifying
69	fee or party assessment required by this chapter. A person using
70	this petitioning process shall file an oath with the officer
71	before whom the candidate would qualify for the office stating
72	that he or she intends to qualify by this alternative method for
73	the office sought. If the person is running for an office which
74	will be grouped on the ballot with two or more similar offices
75	to be filled at the same election, the candidate must indicate
76	in his or her oath for which group or district office he or she
77	is running. The oath shall be filed at any time after the first
78	Tuesday after the first Monday in NovemberJanuary of the year
79	immediately preceding the yearin which the first primary is
80	held, but prior to the 21st day preceding the first day of the
81	qualifying period for the office sought. The Department of State
82	shall prescribe the form to be used in administering and filing
83	such oath. No signatures shall be obtained by a candidate on any
84	nominating petition until the candidate has filed the oath
85	required in this section. If the person is running for an office
86	which will be grouped on the ballot with two or more similar
87	offices to be filled at the same election and the petition does
88	not indicate the group or district office for which the person
89	is running, the signatures obtained on such petition will not be
90	counted.
91	Section 3. Paragraph (a) of subsection (3) of section
92	99.0955, Florida Statutes, is amended to read:
93	99.0955 Candidates with no party affiliation; name on
94	general election ballot.--
95	(3)(a) A candidate with no party affiliation may, in lieu
96	of paying the qualifying fee, qualify for office by the
97	alternative method prescribed in this subsection. A candidate
98	using this petitioning process shall file an oath with the
99	officer before whom the candidate would qualify for the office
100	stating that he or she intends to qualify by this alternative
101	method. If the person is running for an office that requires a
102	group or district designation, the candidate must indicate the
103	designation in his or her oath. The oath shall be filed at any
104	time after the first Tuesday after the first Monday in November
105	January of the year immediately preceding the yearin which the
106	election is held, but before the 21st day preceding the first
107	day of the qualifying period for the office sought. The
108	Department of State shall prescribe the form to be used in
109	administering and filing the oath. Signatures may not be
110	obtained by a candidate on any petition until the candidate has
111	filed the oath required in this subsection. Upon receipt of the
112	written oath from a candidate, the qualifying officer shall
113	provide the candidate with petition forms in sufficient numbers
114	to facilitate the gathering of signatures. If the candidate is
115	running for an office that requires a group or district
116	designation, the petition must indicate that designation or the
117	signatures obtained on the petition will not be counted.
118	Section 4. Paragraph (a) of subsection (3) of section
119	99.096, Florida Statutes, is amended to read:
120	99.096 Minor party candidates; names on ballot.--
121	(3)(a) A minor party candidate may, in lieu of paying the
122	qualifying fee and party assessment, qualify for office by the
123	alternative method prescribed in this subsection. A candidate
124	using this petitioning process shall file an oath with the
125	officer before whom the candidate would qualify for the office
126	stating that he or she intends to qualify by this alternative
127	method. If the person is running for an office that requires a
128	group or district designation, the candidate must indicate the
129	designation in his or her oath. The oath must be filed at any
130	time after the first Tuesday after the first Monday in November
131	January of the year immediately preceding the yearin which the
132	election is held, but before the 21st day preceding the first
133	day of the qualifying period for the office sought. The
134	Department of State shall prescribe the form to be used in
135	administering and filing the oath. Signatures may not be
136	obtained by a candidate on any petition until the candidate has
137	filed the oath required in this section. Upon receipt of the
138	written oath from a candidate, the qualifying officer shall
139	provide the candidate with petition forms in sufficient numbers
140	to facilitate the gathering of signatures. If the candidate is
141	running for an office that requires a group or district
142	designation, the petition must indicate that designation or the
143	signatures on such petition will not be counted.
144	Section 5. Section 100.061, Florida Statutes, is amended
145	to read:
146	100.061 First primary election.--In each year in which a
147	general election is held, a first primary election for
148	nomination of candidates of political parties shall be held on
149	the Tuesday 159weeks prior to the general election. Each
150	candidate receiving a majority of the votes cast in each contest
151	in the first primary election shall be declared nominated for
152	such office. A second primary election shall be held as provided
153	by s. 100.091 in every contest in which a candidate does not
154	receive a majority.
155	Section 6. Subsection (1) of section 100.091, Florida
156	Statutes, is amended to read:
157	100.091 Second primary election.--
158	(1) In each year in which a general election is held, a
159	second primary election for nomination of candidates of
160	political parties where nominations were not made in the first
161	primary election shall be held on the Tuesday 85weeks prior to
162	the general election.
163	Section 7. Subsection (1) of section 105.031, Florida
164	Statutes, is amended to read:
165	105.031 Qualification; filing fee; candidate's oath; items
166	required to be filed.--
167	(1) TIME OF QUALIFYING.--Except for candidates for
168	judicial office, nonpartisan candidates for multicounty office
169	shall qualify with the Division of Elections of the Department
170	of State and nonpartisan candidates for countywide or less than
171	countywide office shall qualify with the supervisor of
172	elections. Candidates for judicial office other than the office
173	of county court judge shall qualify with the Division of
174	Elections of the Department of State, and candidates for the
175	office of county court judge shall qualify with the supervisor
176	of elections of the county. Candidates for judicial office shall
177	qualify no earlier than noon of the 120th day, and no later than
178	noon of the 116th day, before the first primary election.
179	Candidates for the office of school board member shall qualify
180	no earlier than noon of the 64th50thday, and no later than
181	noon of the 60th46thday, before the first primary election.
182	Filing shall be on forms provided for that purpose by the
183	Division of Elections and furnished by the appropriate
184	qualifying officer. Any person seeking to qualify by the
185	alternative method, as set forth in s. 105.035, if the person
186	has submitted the necessary petitions by the required deadline
187	and is notified after the fifth day prior to the last day for
188	qualifying that the required number of signatures has been
189	obtained, shall be entitled to subscribe to the candidate's oath
190	and file the qualifying papers at any time within 5 days from
191	the date he or she is notified that the necessary number of
192	signatures has been obtained. Any person other than a write-in
193	candidate who qualifies within the time prescribed in this
194	subsection shall be entitled to have his or her name printed on
195	the ballot.
196	Section 8. Paragraphs (a) and (b) of subsection (1) of
197	section 106.07, Florida Statutes, are amended to read:
198	106.07 Reports; certification and filing.--
199	(1) Each campaign treasurer designated by a candidate or
200	political committee pursuant to s. 106.021 shall file regular
201	reports of all contributions received, and all expenditures
202	made, by or on behalf of such candidate or political committee.
203	Reports shall be filed on the 10th day following the end of each
204	calendar quarter from the time the campaign treasurer is
205	appointed, except that, if the 10th day following the end of a
206	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
207	the report shall be filed on the next following day which is not
208	a Saturday, Sunday, or legal holiday. Quarterly reports shall
209	include all contributions received and expenditures made during
210	the calendar quarter which have not otherwise been reported
211	pursuant to this section.
212	(a) Except as provided in paragraph (b), following the
213	last day of qualifying for office, the reports shall be filed on
214	the 46th,32nd, 18th, and 4th days immediately preceding the
215	first primary and on the 32nd, 18th,and 4th days immediately
216	preceding the second primary and general election, for a
217	candidate who is opposed in seeking nomination or election to
218	any office, for a political committee, or for a committee of
219	continuous existence.
220	(b) Following the last day of qualifying for office, any
221	statewide candidate who has requested to receive contributions
222	from the Election Campaign Financing Trust Fund or any statewide
223	candidate in a race with a candidate who has requested to
224	receive contributions from the trust fund shall file reports on
225	the 4th, 11th, 18th, 25th, and 32nd, 39th, and 46thdays prior
226	to the first primary and general elections, and on the 4th,
227	11th, 18th, and 25th, 32nd, and 39thdays prior to the second
228	primary.
229	Section 9. If any law amended by this act was also amended
230	by a law enacted at the 2003 Regular Session of the Legislature,
231	such laws shall be construed as if they had been enacted at the
232	same session of the Legislature, and full effect shall be given
233	to each if possible.
234	Section 10. This act shall take effect October 1, 2003.