HB 0059B 2003
1	A bill to be entitled
2	An act relating to primary elections; repealing s.
3	100.091, F.S.; eliminating the second primary election;
4	repealing s. 100.096, F.S., relating to the holding of
5	special elections in conjunction with the second primary
6	election, to conform; amending s. 97.021, F.S., relating
7	to the definition of "primary election," to conform;
8	amending ss. 97.055, 97.071, 97.1031, and 98.081, F.S.,
9	relating to restrictions on changing party affiliation
10	between primary elections, to conform; amending ss.
11	99.061 and 99.095, F.S., relating to qualifying for
12	nomination or election to office, to conform; amending s.
13	99.063, F.S.; adjusting the date to designate a
14	Lieutenant Governor running mate, to conform; amending
15	ss. 99.103, 100.081, 100.111, 100.141, 101.252, 101.62,
16	102.041, 103.021, 103.022, 103.091, 105.031, 105.041,
17	105.051, 106.07, 106.08, and 106.29, F.S.; revising
18	references, to conform to the elimination of the second
19	primary election; amending s. 100.061, F.S.; establishing
20	a ranked-choice or "instant runoff" voting process for
21	the primary election; amending s. 101.151, F.S.;
22	modifying the primary election ballot, to conform;
23	amending s. 101.5606, F.S.; modifying certification
24	requirements for voting systems; requiring previously
25	certified voting systems to meet new certification
26	requirements by a date certain; providing for
27	construction of the act in pari materia with laws enacted
28	during the 2003 Regular Session or the 2003 Special
29	Session A of the Legislature; providing an effective
30	date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. Sections 100.091 and 100.096, Florida Statutes,
35	are repealed.
36	Section 2. Subsection (25) of section 97.021, Florida
37	Statutes, is amended to read:
38	97.021 Definitions.--For the purposes of this code, except
39	where the context clearly indicates otherwise, the term:
40	(25) "Primary election" means an election held preceding
41	the general election for the purpose of nominating a party
42	nominee to be voted for in the general election to fill a
43	national, state, county, or district office. The first primary
44	is a nomination or elimination election; the second primary is a
45	nominating election only.
46	Section 3. Subsection (1) of section 97.055, Florida
47	Statutes, is amended to read:
48	97.055 Registration books; when closed for an election.--
49	(1) The registration books must be closed on the 29th day
50	before each election and must remain closed until after that
51	election. If an election is called and there are fewer than 29
52	days before that election, the registration books must be closed
53	immediately. When the registration books are closed for an
54	election, voter registration and party changes must be accepted
55	but only for the purpose of subsequent elections. However, party
56	changes received between the book-closing date of the first
57	primary election and the date of the second primary election are
58	not effective until after the second primary election.
59	Section 4. Subsection (3) of section 97.071, Florida
60	Statutes, is amended to read:
61	97.071 Registration identification card.--
62	(3) In the case of a change of name, address, or party
63	affiliation, the supervisor must issue the voter a new
64	registration identification card. However, a registration
65	identification card indicating a party affiliation change made
66	between the book-closing date for the first primary election and
67	the date of the second primary election may not be issued until
68	after the second primary election.
69	Section 5. Subsection (3) of section 97.1031, Florida
70	Statutes, is amended to read:
71	97.1031 Notice of change of residence within the same
72	county, change of name, or change of party.--
73	(3) When an elector seeks to change party affiliation, the
74	elector must provide a signed, written notification of such
75	intent to the supervisor and obtain a registration
76	identification card reflecting the new party affiliation,
77	subject to the issuance restriction in s. 97.071(3).
78	Section 6. Section 98.081, Florida Statutes, is amended to
79	read:
80	98.081 Names removed from registration books; restrictions
81	on reregistering; recordkeeping; restoration of erroneously or
82	illegally removed names.--
83	(1) Any person who requested that his or her name be
84	removed from the registration books between the book-closing
85	date of the first primary and the date of the second primary may
86	not register in a different political party until after the date
87	of the second primary election.
88	(1)(2)When the name of any elector is removed from the
89	registration books pursuant to s. 98.065, s. 98.075, or s.
90	98.093, the elector's original registration form shall be filed
91	alphabetically in the office of the supervisor. As alternatives,
92	registrations removed from the registration books may be
93	microfilmed and such microfilms substituted for the original
94	registration forms; or, when voter registration information,
95	including the voter's signature, is maintained digitally or on
96	electronic, magnetic, or optic media, such stored information
97	may be substituted for the original registration form. Such
98	microfilms or stored information shall be retained in the
99	custody of the supervisor. In the event the original
100	registration forms are microfilmed or maintained digitally or on
101	electronic or other media, such originals may be destroyed in
102	accordance with the schedule approved by the Bureau of Archives
103	and Records Management of the Division of Library and
104	Information Services of the department.
105	(2)(3)When the name of any elector has been erroneously
106	or illegally removed from the registration books, the name of
107	the elector shall be restored by the supervisor upon
108	satisfactory proof, even though the registration period for that
109	election is closed.
110	Section 7. Subsections (1), (2), and (8) of section
111	99.061, Florida Statutes, are amended to read:
112	99.061 Method of qualifying for nomination or election to
113	federal, state, county, or district office.--
114	(1) The provisions of any special act to the contrary
115	notwithstanding, each person seeking to qualify for nomination
116	or election to a federal, state, or multicounty district office,
117	other than election to a judicial office as defined in chapter
118	105 or the office of school board member, shall file his or her
119	qualification papers with, and pay the qualifying fee, which
120	shall consist of the filing fee and election assessment, and
121	party assessment, if any has been levied, to, the Department of
122	State, or qualify by the alternative method with the Department
123	of State, at any time after noon of the 1st day for qualifying,
124	which shall be as follows: the 120th day prior to the first
125	primary election, but not later than noon of the 116th day prior
126	to the date of the first primary election, for persons seeking
127	to qualify for nomination or election to federal office; and
128	noon of the 50th day prior to the first primary election, but
129	not later than noon of the 46th day prior to the date of the
130	first primary election, for persons seeking to qualify for
131	nomination or election to a state or multicounty district
132	office.
133	(2) The provisions of any special act to the contrary
134	notwithstanding, each person seeking to qualify for nomination
135	or election to a county office, or district or special district
136	office not covered by subsection (1), shall file his or her
137	qualification papers with, and pay the qualifying fee, which
138	shall consist of the filing fee and election assessment, and
139	party assessment, if any has been levied, to, the supervisor of
140	elections of the county, or shall qualify by the alternative
141	method with the supervisor of elections, at any time after noon
142	of the 1st day for qualifying, which shall be the 50th day prior
143	to the first primary electionor special district election, but
144	not later than noon of the 46th day prior to the date of the
145	first primary electionor special district election. However, if
146	a special district election is held at the same time as the
147	second primary orgeneral election, qualifying shall be the 50th
148	day prior to the first primary election, but not later than noon
149	of the 46th day prior to the date of the first primary election.
150	Within 30 days after the closing of qualifying time, the
151	supervisor of elections shall remit to the secretary of the
152	state executive committee of the political party to which the
153	candidate belongs the amount of the filing fee, two-thirds of
154	which shall be used to promote the candidacy of candidates for
155	county offices and the candidacy of members of the Legislature.
156	(8) Notwithstanding the qualifying period prescribed by
157	this section, in each year in which the Legislature apportions
158	the state, the qualifying period for persons seeking to qualify
159	for nomination or election to federal office shall be between
160	noon of the 57th day prior to the first primary election, but
161	not later than noon of the 53rd day prior to the first primary
162	election.
163	Section 8. Subsections (1), (2), and (4) of section
164	99.063, Florida Statutes, are amended to read:
165	99.063 Candidates for Governor and Lieutenant Governor.--
166	(1) No later than 5 p.m. of the 9th day following the
167	secondprimary election, each candidate for Governor shall
168	designate a Lieutenant Governor as a running mate. Such
169	designation must be made in writing to the Department of State.
170	(2) No later than 5 p.m. of the 9th day following the
171	secondprimary election, each designated candidate for
172	Lieutenant Governor shall file with the Department of State:
173	(a) The candidate's oath required by s. 99.021, which must
174	contain the name of the candidate as it is to appear on the
175	ballot; the office sought; and the signature of the candidate,
176	duly acknowledged.
177	(b) The loyalty oath required by s. 876.05, signed by the
178	candidate and duly acknowledged.
179	(c) If the office sought is partisan, the written
180	statement of political party affiliation required by s.
181	99.021(1)(b).
182	(d) The full and public disclosure of financial interests
183	pursuant to s. 8, Art. II of the State Constitution.
184	(4) In order to have the name of the candidate for
185	Lieutenant Governor printed on the first or secondprimary
186	election ballot, a candidate for Governor participating in the
187	primary must designate the candidate for Lieutenant Governor,
188	and the designated candidate must qualify no later than the end
189	of the qualifying period specified in s. 99.061. If the
190	candidate for Lieutenant Governor has not been designated and
191	has not qualified by the end of the qualifying period specified
192	in s. 99.061, the phrase "Not Yet Designated" must be included
193	in lieu of the candidate's name on the primary election ballot
194	ballots and on advance absentee ballots for the general
195	election.
196	Section 9. Subsection (1) of section 99.095, Florida
197	Statutes, is amended to read:
198	99.095 Alternative method of qualifying.--
199	(1) A person seeking to qualify for nomination to any
200	office may qualify to have his or her name placed on the ballot
201	for the firstprimary election by means of the petitioning
202	process prescribed in this section. A person qualifying by this
203	alternative method shall not be required to pay the qualifying
204	fee or party assessment required by this chapter. A person using
205	this petitioning process shall file an oath with the officer
206	before whom the candidate would qualify for the office stating
207	that he or she intends to qualify by this alternative method for
208	the office sought. If the person is running for an office which
209	will be grouped on the ballot with two or more similar offices
210	to be filled at the same election, the candidate must indicate
211	in his or her oath for which group or district office he or she
212	is running. The oath shall be filed at any time after the first
213	Tuesday after the first Monday in January of the year in which
214	the first primary electionis held, but prior to the 21st day
215	preceding the first day of the qualifying period for the office
216	sought. The Department of State shall prescribe the form to be
217	used in administering and filing such oath. No signatures shall
218	be obtained by a candidate on any nominating petition until the
219	candidate has filed the oath required in this section. If the
220	person is running for an office which will be grouped on the
221	ballot with two or more similar offices to be filled at the same
222	election and the petition does not indicate the group or
223	district office for which the person is running, the signatures
224	obtained on such petition will not be counted.
225	Section 10. Section 99.103, Florida Statutes, is amended
226	to read:
227	99.103 Department of State to remit part of filing fees
228	and party assessments of candidates to state executive
229	committee.--
230	(1) If more than three-fourths of the full authorized
231	membership of the state executive committee of any party was
232	elected at the last previous election for such members and if
233	such party is declared by the Department of State to have
234	recorded on the registration books of the counties, as of the
235	first Tuesday after the first Monday in January prior to the
236	first primary electionin general election years, 5 percent of
237	the total registration of such counties when added together,
238	such committee shall receive, for the purpose of meeting its
239	expenses, all filing fees collected by the Department of State
240	from its candidates less an amount equal to 15 percent of the
241	filing fees, which amount the Department of State shall deposit
242	in the General Revenue Fund of the state.
243	(2) Not later than 20 days after the close of qualifying
244	in even-numbered years, the Department of State shall remit 95
245	percent of all filing fees, less the amount deposited in general
246	revenue pursuant to subsection (1), or party assessments that
247	may have been collected by the department to the respective
248	state executive committees of the parties complying with
249	subsection(1). Party assessments collected by the Department of
250	State shall be remitted to the appropriate state executive
251	committee, irrespective of other requirements of this section,
252	provided such committee is duly organized under the provisions
253	of chapter 103. The remainder of filing fees or party
254	assessments collected by the Department of State shall be
255	remitted to the appropriate state executive committees not later
256	than the date of the first primary election.
257	Section 11. Section 100.061, Florida Statutes, is amended
258	to read:
259	100.061 First primary election.--
260	(1)In each year in which a general election is held, a
261	first primary election for nomination of candidates of political
262	parties shall be held on the Tuesday 9 weeks prior to the
263	general election using a ranked-choice or "instant runoff"
264	ballot prepared pursuant to s. 101.151. Each candidate receiving
265	a majority of the votes cast in each contest in the first
266	primary election shall be declared nominated for such office. A
267	second primary election shall be held as provided by s. 100.091
268	in every contest in which a candidate does not receive a
269	majority.
270	(2) For purposes of this section:
271	(a) A candidate shall be deemed "continuing" if the
272	candidate has not been eliminated.
273	(b) A ballot shall be deemed "continuing" if it is not
274	exhausted.
275	(c) A ballot shall be deemed "exhausted," and not counted
276	in further stages of the tabulation, if all the choices have
277	been eliminated or if there are no more choices indicated on the
278	ballot.
279	(d) If a ranked-choice ballot gives equal weight to two or
280	more candidates, the ballot shall be deemed "exhausted" when
281	such multiple rankings are reached.
282	(e) If a voter casts a ranked-choice ballot but skips one
283	or more ranks, the voter's vote shall be transferred to that
284	voter's next ranked choice.
285	(3) If a candidate receives a majority of the first
286	choices, that candidate shall be nominated. If no candidate
287	receives a majority, the candidate who received the fewest first
288	choices shall be eliminated and each vote cast for that
289	candidate shall be transferred to the next-ranked candidate on
290	that voter's ballot. If, after this transfer of votes, any
291	candidate has a majority of the votes from the continuing
292	ballots, that candidate shall be declared nominated.
293	(4) If no candidate receives a majority of votes from the
294	continuing ballots after a candidate has been eliminated and his
295	or her votes have been transferred to the next-ranked candidate,
296	the continuing candidate with the fewest votes from the
297	continuing ballots shall be eliminated. All votes cast for that
298	candidate shall be transferred to the next-ranked continuing
299	candidate on each voter's ballot. This process of eliminating
300	candidates and transferring their votes to the next-ranked
301	continuing candidates shall be repeated until a candidate
302	receives a majority of the votes from the continuing ballots or
303	until there are only two candidates that have not been
304	eliminated, at which point the candidate with the most votes
305	shall be nominated.
306	(5) To facilitate ballot counting in each round, if the
307	total number of votes of the two or more candidates credited
308	with the lowest number of votes is less than the number of votes
309	credited to the candidate with the next highest number of votes,
310	those candidates with the lowest number of votes shall be
311	eliminated simultaneously and their votes transferred to the
312	next-ranked continuing candidate on each ballot in a single
313	counting operation.
314	(6) If the final two continuing candidates receive an
315	equal number of votes for the same office, such candidates shall
316	draw lots to determine which candidate is nominated.
317	(7) The Division of Elections and the supervisors of
318	elections shall make ranked-choice or "instant runoff" voting a
319	component of their voter education programs.
320	Section 12. Section 100.081, Florida Statutes, is amended
321	to read:
322	100.081 Conducting primary elections;Nomination of county
323	commissioners at primary election.--The primary election
324	electionsshall provide for the nomination of county
325	commissioners by the qualified electors of such county at the
326	time and place set for voting on other county officers.
327	Section 13. Paragraph (c) of subsection (1), subsection
328	(3), and paragraph (a) of subsection (4) of section 100.111,
329	Florida Statutes, are amended to read:
330	100.111 Filling vacancy.--
331	(1)
332	(c) If such a vacancy occurs prior to the first primary
333	electionbut on or after the first day set by law for
334	qualifying, the Secretary of State shall set dates for
335	qualifying for the unexpired portion of the term of such office.
336	Any person seeking nomination or election to the unexpired
337	portion of the term shall qualify within the time set by the
338	Secretary of State. If time does not permit party nominations to
339	be made in conjunction with the first and second primary
340	electionelections, the Governor may call a special primary
341	election, and, if necessary, a second special primary election,
342	to select party nominees for the unexpired portion of such term.
343	(3) Whenever there is a vacancy for which a special
344	election is required pursuant to s. 100.101(1)-(4), the
345	Governor, after consultation with the Secretary of State, shall
346	fix the datesdate of a special first primary election, a
347	special second primary election,and a special election.
348	Nominees of political parties other than minor political parties
349	shall be chosen under the primary laws of this state in the
350	special primary electionelectionsto become candidates in the
351	special election. Prior to setting the special election dates,
352	the Governor shall consider any upcoming elections in the
353	jurisdiction where the special election will be held. The dates
354	fixed by the Governor shall be specific days certain and shall
355	not be established by the happening of a condition or stated in
356	the alternative. The dates fixed shall provide a minimum of 2
357	weeks between each election. In the event a vacancy occurs in
358	the office of state senator or member of the House of
359	Representatives when the Legislature is in regular legislative
360	session, the minimum times prescribed by this subsection may be
361	waived upon concurrence of the Governor, the Speaker of the
362	House of Representatives, and the President of the Senate. If a
363	vacancy occurs in the office of state senator and no session of
364	the Legislature is scheduled to be held prior to the next
365	general election, the Governor may fix the dates for theany
366	special primary electionand for the special election to
367	coincide with the dates of the first and second primary election
368	and general election. If a vacancy in office occurs in any
369	district in the state Senate or House of Representatives or in
370	any congressional district, and no session of the Legislature,
371	or session of Congress if the vacancy is in a congressional
372	district, is scheduled to be held during the unexpired portion
373	of the term, the Governor is not required to call a special
374	election to fill such vacancy.
375	(a) The dates for candidates to qualify in such special
376	election or special primary election shall be fixed by the
377	Department of State, and candidates shall qualify not later than
378	noon of the last day so fixed. The dates fixed for qualifying
379	shall allow a minimum of 14 days between the last day of
380	qualifying and the special firstprimary election.
381	(b) The filing of campaign expense statements by
382	candidates in such special elections or special primaries and by
383	committees making contributions or expenditures to influence the
384	results of such special primaries or special elections shall be
385	not later than such dates as shall be fixed by the Department of
386	State, and in fixing such dates the Department of State shall
387	take into consideration and be governed by the practical time
388	limitations.
389	(c) The dates for a candidate to qualify by the
390	alternative method in such special primary or special election
391	shall be fixed by the Department of State. In fixing such dates
392	the Department of State shall take into consideration and be
393	governed by the practical time limitations. Any candidate
394	seeking to qualify by the alternative method in a special
395	primary election shall obtain 25 percent of the signatures
396	required by s. 99.095, s. 99.0955, or s. 99.096, as applicable.
397	(d) The qualifying fees and party assessments of such
398	candidates as may qualify shall be the same as collected for the
399	same office at the last previous primary for that office. The
400	party assessment shall be paid to the appropriate executive
401	committee of the political party to which the candidate belongs.
402	(e) Each county canvassing board shall make as speedy a
403	return of the result of such special primary elections and
404	special elections and primariesas time will permit, and the
405	Elections Canvassing Commission likewise shall make as speedy a
406	canvass and declaration of the nominees as time will permit.
407	(4)(a) In the event that death, resignation, withdrawal,
408	removal, or any other cause or event should cause a party to
409	have a vacancy in nomination which leaves no candidate for an
410	office from such party, the Governor shall, after conferring
411	with the Secretary of State, call a special primary election
412	and, if necessary, a second special primary electionto select
413	for such office a nominee of such political party. The dates on
414	which candidates may qualify for such special primary election
415	shall be fixed by the Department of State, and the candidates
416	shall qualify no later than noon of the last day so fixed. The
417	filing of campaign expense statements by candidates in special
418	primary electionsprimariesshall not be later than such dates
419	as shall be fixed by the Department of State. In fixing such
420	dates, the Department of State shall take into consideration and
421	be governed by the practical time limitations. The qualifying
422	fees and party assessment of such candidates as may qualify
423	shall be the same as collected for the same office at the last
424	previous primary for that office. Each county canvassing board
425	shall make as speedy a return of the results of such special
426	primary electionsprimariesas time will permit, and the
427	Elections Canvassing Commission shall likewise make as speedy a
428	canvass and declaration of the nominees as time will permit.
429	Section 14. Subsection (2) of section 100.141, Florida
430	Statutes, is amended to read:
431	100.141 Notice of special election to fill any vacancy in
432	office or nomination.--
433	(2) The Department of State shall prepare a notice stating
434	what offices and vacancies are to be filled in the special
435	election, the datesdate set for theeachspecial primary
436	election and the special election, the dates fixed for
437	qualifying for office, the dates fixed for qualifying by the
438	alternative method, and the dates fixed for filing campaign
439	expense statements.
440	Section 15. Subsection (5) of section 101.151, Florida
441	Statutes, is amended and subsection (8) of said section is
442	reenacted, to read:
443	101.151 Specifications for ballots.--
444	(5)(a) The primary election ballot shall allow voters to
445	rank a number of choices in order of preference equal to the
446	total number of candidates for each office; however, if five or
447	more candidates are participating in the election, the total
448	number of allowable rankings shall be limited to four. The
449	ballot shall in no way impede a voter's ability to cast a vote
450	for a write-in candidate.
451	(b) The primary election ballot shall alsobe arranged so
452	that the offices of Governor and Lieutenant Governor are joined
453	in a single voting space to allow each elector to cast a single
454	vote for the joint candidacies for Governor and Lieutenant
455	Governor, if applicable.
456	(8)(a) The Department of State shall adopt rules
457	prescribing a uniform primary and general election ballot for
458	each certified voting system. The rules shall incorporate the
459	requirements set forth in this section and shall prescribe
460	additional matters and forms that include, without limitation:
461	1. Clear and unambiguous ballot instructions and
462	directions;
463	2. Individual race layout; and
464	3. Overall ballot layout.
465	(b) The department rules shall graphically depict a sample
466	uniform primary and general election ballot form for each
467	certified voting system.
468	Section 16. Present subsections (6) through (15) of
469	section 101.5606, Florida Statutes, are renumbered as
470	subsections (7) through (16), respectively, and a new subsection
471	(6) is added to said section, to read:
472	101.5606 Requirements for approval of systems.--No
473	electronic or electromechanical voting system shall be approved
474	by the Department of State unless it is so constructed that:
475	(6) It is capable of accommodating the system of ranked-
476	choice or "instant runoff" primary balloting.
477	Section 17. Subsection (2) of section 101.252, Florida
478	Statutes, is amended to read:
479	101.252 Candidates entitled to have names printed on
480	certain ballots; exception.--
481	(2) Any candidate for party executive committee member who
482	has qualified as prescribed by law is entitled to have his or
483	her name printed on the first primary electionballot. However,
484	when there is only one candidate of any political party
485	qualified for such an office, the name of the candidate shall
486	not be printed on the first primary electionballot, and such
487	candidate shall be declared elected to the state or county
488	executive committee.
489	Section 18. Subsection (4) of section 101.62, Florida
490	Statutes, is amended to read:
491	101.62 Request for absentee ballots.--
492	(4)(a) To each absent qualified elector overseas who has
493	requested an absentee ballot, the supervisor of elections shall,
494	not fewer than 35 days before the first primary election,mail
495	an absentee ballot not fewer than 35 days before the primary or
496	general election. Not fewer than 45 days before the second
497	primary and general election, the supervisor of elections shall
498	mail an advance absentee ballot to those persons requesting
499	ballots for such elections. The advance absentee ballot for the
500	second primary shall be the same as the first primary absentee
501	ballot as to the names of candidates, except that for any
502	offices where there are only two candidates, those offices and
503	all political party executive committee offices shall be
504	omitted. Except as provided in s. 99.063(4), the advance
505	absentee ballot for the general election shall be as specified
506	in s. 101.151, except that in the case of candidates of
507	political parties where nominations were not made in the first
508	primary, the names of the candidates placing first and second in
509	the first primary election shall be printed on the advance
510	absentee ballot. The advance absentee ballot or advance absentee
511	ballot information booklet shall be of a different color for
512	each election and also a different color from the absentee
513	ballots for the first primary, second primary, and general
514	election. The supervisor shall mail an advance absentee ballot
515	for the second primary and general election to each qualified
516	absent elector for whom a request is received until the absentee
517	ballots are printed. The supervisor shall enclose with the
518	advance second primary absentee ballot and advance general
519	election absentee ballot an explanation stating that the
520	absentee ballot for the election will be mailed as soon as it is
521	printed; and, if both the advance absentee ballot and the
522	absentee ballot for the election are returned in time to be
523	counted, only the absentee ballot will be counted. The
524	Department of State may prescribe by rule the requirements for
525	preparing and mailing absentee ballots to absent qualified
526	electors overseas.
527	(b) As soon as the remainder of the absentee ballots are
528	printed,The supervisor shall provide an absentee ballot to each
529	elector by whom a request for that ballot has been made by one
530	of the following means:
531	1. By nonforwardable, return-if-undeliverable mail to the
532	elector's current mailing address on file with the supervisor,
533	unless the elector specifies in the request that:
534	a. The elector is absent from the county and does not plan
535	to return before the day of the election;
536	b. The elector is temporarily unable to occupy the
537	residence because of hurricane, tornado, flood, fire, or other
538	emergency or natural disaster; or
539	c. The elector is in a hospital, assisted-living facility,
540	nursing home, short-term medical or rehabilitation facility, or
541	correctional facility,
542
543	in which case the supervisor shall mail the ballot by
544	nonforwardable, return-if-undeliverable mail to any other
545	address the elector specifies in the request.
546	2. By forwardable mail to voters who are entitled to vote
547	by absentee ballot under the Uniformed and Overseas Citizens
548	Voting Act.
549	3. By personal delivery to the elector, upon presentation
550	of the identification required in s. 101.657.
551	4. By delivery to a designee on election day or up to 4
552	days prior to the day of an election. Any elector may designate
553	in writing a person to pick up the ballot for the elector;
554	however, the person designated may not pick up more than two
555	absentee ballots per election, other than the designee's own
556	ballot, except that additional ballots may be picked up for
557	members of the designee's immediate family. For purposes of this
558	section, "immediate family" means the designee's spouse or the
559	parent, child, grandparent, or sibling of the designee or of the
560	designee's spouse. The designee shall provide to the supervisor
561	the written authorization by the elector and a picture
562	identification of the designee and must complete an affidavit.
563	The designee shall state in the affidavit that the designee is
564	authorized by the elector to pick up that ballot and shall
565	indicate if the elector is a member of the designee's immediate
566	family and, if so, the relationship. The department shall
567	prescribe the form of the affidavit. If the supervisor is
568	satisfied that the designee is authorized to pick up the ballot
569	and that the signature of the elector on the written
570	authorization matches the signature of the elector on file, the
571	supervisor shall give the ballot to that designee for delivery
572	to the elector.
573	Section 19. Paragraph (c) of subsection (4) of section
574	102.014, Florida Statutes, is amended to read:
575	102.014 Poll worker recruitment and training.--
576	(4) Each supervisor of elections shall be responsible for
577	training inspectors and clerks, subject to the following minimum
578	requirements:
579	(c) For the purposes of this subsection, the first and
580	second primary elections shall be considered one election.
581	Section 20. Subsection (3) and paragraph (b) of subsection
582	(4) of section 103.021, Florida Statutes, are amended to read:
583	103.021 Nomination for presidential electors.--Candidates
584	for presidential electors shall be nominated in the following
585	manner:
586	(3) Candidates for President and Vice President with no
587	party affiliation may have their names printed on the general
588	election ballots if a petition is signed by 1 percent of the
589	registered electors of this state, as shown by the compilation
590	by the Department of State for the last preceding general
591	election. A separate petition from each county for which
592	signatures are solicited shall be submitted to the supervisor of
593	elections of the respective county no later than July 15 of each
594	presidential election year. The supervisor shall check the names
595	and, on or before the date of the first primary election, shall
596	certify the number shown as registered electors of the county.
597	The supervisor shall be paid by the person requesting the
598	certification the cost of checking the petitions as prescribed
599	in s. 99.097. The supervisor shall then forward the certificate
600	to the Department of State which shall determine whether or not
601	the percentage factor required in this section has been met.
602	When the percentage factor required in this section has been
603	met, the Department of State shall order the names of the
604	candidates for whom the petition was circulated to be included
605	on the ballot and shall permit the required number of persons to
606	be certified as electors in the same manner as party candidates.
607	(4)
608	(b) A minor party that is not affiliated with a national
609	party holding a national convention to nominate candidates for
610	President and Vice President of the United States may have the
611	names of its candidates for President and Vice President printed
612	on the general election ballot if a petition is signed by 1
613	percent of the registered electors of this state, as shown by
614	the compilation by the Department of State for the preceding
615	general election. A separate petition from each county for which
616	signatures are solicited shall be submitted to the supervisors
617	of elections of the respective county no later than July 15 of
618	each presidential election year. The supervisor shall check the
619	names and, on or before the date of the first primary election,
620	shall certify the number shown as registered electors of the
621	county. The supervisor shall be paid by the person requesting
622	the certification the cost of checking the petitions as
623	prescribed in s. 99.097. The supervisor shall then forward the
624	certificate to the Department of State, which shall determine
625	whether or not the percentage factor required in this section
626	has been met. When the percentage factor required in this
627	section has been met, the Department of State shall order the
628	names of the candidates for whom the petition was circulated to
629	be included on the ballot and shall permit the required number
630	of persons to be certified as electors in the same manner as
631	other party candidates.
632	Section 21. Section 103.022, Florida Statutes, is amended
633	to read:
634	103.022 Write-in candidates for President and Vice
635	President.--Persons seeking to qualify for election as write-in
636	candidates for President and Vice President of the United States
637	may have a blank space provided on the general election ballot
638	for their names to be written in by filing an oath with the
639	Department of State at any time after the 57th day, but before
640	noon of the 49th day, prior to the date of the firstprimary
641	election in the year in which a presidential election is held.
642	The Department of State shall prescribe the form to be used in
643	administering the oath. The candidates shall file with the
644	department a certificate naming the required number of persons
645	to serve as electors. Such write-in candidates shall not be
646	entitled to have their names on the ballot.
647	Section 22. Subsection (4) of section 103.091, Florida
648	Statutes, is amended to read:
649	103.091 Political parties.--
650	(4) Any political party other than a minor political party
651	may by rule provide for the membership of its state or county
652	executive committee to be elected for 4-year terms at the first
653	primary election in each year a presidential election is held.
654	The terms shall commence on the first day of the month following
655	each presidential general election; but the names of candidates
656	for political party offices shall not be placed on the ballot at
657	any other election. The results of such election shall be
658	determined by a plurality of the votes cast. In such event,
659	electors seeking to qualify for such office shall do so with the
660	Department of State or supervisor of elections not earlier than
661	noon of the 57th day, or later than noon of the 53rd day,
662	preceding the firstprimary election. The outgoing chair of each
663	county executive committee shall, within 30 days after the
664	committee members take office, hold an organizational meeting of
665	all newly elected members for the purpose of electing officers.
666	The chair of each state executive committee shall, within 60
667	days after the committee members take office, hold an
668	organizational meeting of all newly elected members for the
669	purpose of electing officers.
670	Section 23. Subsection (1) of section 105.031, Florida
671	Statutes, is amended to read:
672	105.031 Qualification; filing fee; candidate's oath; items
673	required to be filed.--
674	(1) TIME OF QUALIFYING.--Except for candidates for
675	judicial office, nonpartisan candidates for multicounty office
676	shall qualify with the Division of Elections of the Department
677	of State and nonpartisan candidates for countywide or less than
678	countywide office shall qualify with the supervisor of
679	elections. Candidates for judicial office other than the office
680	of county court judge shall qualify with the Division of
681	Elections of the Department of State, and candidates for the
682	office of county court judge shall qualify with the supervisor
683	of elections of the county. Candidates for judicial office shall
684	qualify no earlier than noon of the 120th day, and no later than
685	noon of the 116th day, before the firstprimary election.
686	Candidates for the office of school board member shall qualify
687	no earlier than noon of the 50th day, and no later than noon of
688	the 46th day, before the firstprimary election. Filing shall be
689	on forms provided for that purpose by the Division of Elections
690	and furnished by the appropriate qualifying officer. Any person
691	seeking to qualify by the alternative method, as set forth in s.
692	105.035, if the person has submitted the necessary petitions by
693	the required deadline and is notified after the fifth day prior
694	to the last day for qualifying that the required number of
695	signatures has been obtained, shall be entitled to subscribe to
696	the candidate's oath and file the qualifying papers at any time
697	within 5 days from the date he or she is notified that the
698	necessary number of signatures has been obtained. Any person
699	other than a write-in candidate who qualifies within the time
700	prescribed in this subsection shall be entitled to have his or
701	her name printed on the ballot.
702	Section 24. Subsections (1) and (2) of section 105.041,
703	Florida Statutes, are amended to read:
704	105.041 Form of ballot.--
705	(1) BALLOTS.--The names of candidates for nonpartisan
706	judicial office and candidates for the office of school board
707	member which appear on the ballot at the first primary election
708	mustshall eitherbe grouped together on a separate portion of
709	the ballot or on a separate ballot. The names of candidates for
710	election to nonpartisanjudicial office and candidates for the
711	office of school board memberwhich appear on the ballot at the
712	general election and the names of justices and judges seeking
713	retention to office mustshallbe grouped together on a separate
714	portion of the general election ballot.
715	(2) LISTING OF CANDIDATES.--
716	(a) Except as provided in paragraph (b), the order of
717	nonpartisan offices appearing on the ballot shall be determined
718	by the Department of State. The names of candidates for election
719	to each nonpartisan office shall be listed in alphabetical
720	order. With respect to retention of justices and judges, the
721	question "Shall Justice (or Judge) (name of justice or judge) of
722	the (name of the court) be retained in office?" shall appear on
723	the ballot in alphabetical order and thereafter the words "Yes"
724	and "No."
725	(b)1. The names of candidates for the office of circuit
726	judge shall be listed on the first primary electionballot in
727	the order determined by lot conducted by the director of the
728	Division of Elections of the Department of State after the close
729	of the qualifying period.
730	2. Candidates who have secured a position on the general
731	election ballot, after having survived elimination at the first
732	primary election, shall have their names listed in the same
733	order as on the first primary electionballot, notwithstanding
734	the elimination of any intervening names as a result of the
735	first primary election.
736	Section 25. Paragraph (b) of subsection (1) of section
737	105.051, Florida Statutes, is amended to read:
738	105.051 Determination of election or retention to
739	office.--
740	(1) ELECTION.--In circuits and counties holding elections:
741	(b) If two or more candidates, neither of whom is a write-
742	in candidate, qualify for such an office, the names of those
743	candidates shall be placed on the ballot at the firstprimary
744	election. If any candidate for such office receives a majority
745	of the votes cast for such office in the firstprimary election,
746	the name of the candidate who receives such majority shall not
747	appear on any other ballot unless a write-in candidate has
748	qualified for such office. An unopposed candidate shall be
749	deemed to have voted for himself or herself at the general
750	election. If no candidate for such office receives a majority of
751	the votes cast for such office in the firstprimary election,
752	the names of the two candidates receiving the highest number of
753	votes for such office shall be placed on the general election
754	ballot. If more than two candidates receive an equal and highest
755	number of votes, the name of each candidate receiving an equal
756	and highest number of votes shall be placed on the general
757	election ballot. In any contest in which there is a tie for
758	second place and the candidate placing first did not receive a
759	majority of the votes cast for such office, the name of the
760	candidate placing first and the name of each candidate tying for
761	second shall be placed on the general election ballot.
762	Section 26. Paragraphs (a) and (b) of subsection (1) of
763	section 106.07, Florida Statutes, are amended to read:
764	106.07 Reports; certification and filing.--
765	(1) Each campaign treasurer designated by a candidate or
766	political committee pursuant to s. 106.021 shall file regular
767	reports of all contributions received, and all expenditures
768	made, by or on behalf of such candidate or political committee.
769	Reports shall be filed on the 10th day following the end of each
770	calendar quarter from the time the campaign treasurer is
771	appointed, except that, if the 10th day following the end of a
772	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
773	the report shall be filed on the next following day which is not
774	a Saturday, Sunday, or legal holiday. Quarterly reports shall
775	include all contributions received and expenditures made during
776	the calendar quarter which have not otherwise been reported
777	pursuant to this section.
778	(a) Except as provided in paragraph (b), following the
779	last day of qualifying for office, the reports shall be filed on
780	the 32nd, 18th, and 4th days immediately preceding the first
781	primary and on the 46th, 32nd, 18th,and 4th days immediately
782	preceding the second primary andgeneral election, for a
783	candidate who is opposed in seeking nomination or election to
784	any office, for a political committee, or for a committee of
785	continuous existence.
786	(b) Following the last day of qualifying for office, any
787	statewide candidate who has requested to receive contributions
788	from the Election Campaign Financing Trust Fund or any statewide
789	candidate in a race with a candidate who has requested to
790	receive contributions from the trust fund shall file reports on
791	the 4th, 11th, 18th, 25th, and 32nd days prior to the first
792	primary electionand general elections, and on the 4th, 11th,
793	18th, and 25th, 32nd, 39th, 46th, and 53rd days prior to the
794	general electionsecond primary.
795	Section 27. Paragraph (c) of subsection (1) of section
796	106.08, Florida Statutes, is amended to read:
797	106.08 Contributions; limitations on.--
798	(1)
799	(c) The contribution limits of this subsection apply to
800	each election. For purposes of this subsection, the first
801	primary election, second primary,and general election are
802	separate elections so long as the candidate is not an unopposed
803	candidate as defined in s. 106.011(15). However, for the purpose
804	of contribution limits with respect to candidates for retention
805	as a justice or judge, there is only one election, which is the
806	general election. With respect to candidates in a circuit
807	holding an election for circuit judge or in a county holding an
808	election for county court judge, there are only two elections,
809	which are the first primary election and general election.
810	Section 28. Subsection (1) of section 106.29, Florida
811	Statutes, is amended to read:
812	106.29 Reports by political parties; restrictions on
813	contributions and expenditures; penalties.--
814	(1) The state executive committee and each county
815	executive committee of each political party regulated by chapter
816	103 shall file regular reports of all contributions received and
817	all expenditures made by such committee. Such reports shall
818	contain the same information as do reports required of
819	candidates by s. 106.07 and shall be filed on the 10th day
820	following the end of each calendar quarter, except that, during
821	the period from the last day for candidate qualifying until the
822	general election, such reports shall be filed on the Friday
823	immediately preceding both the first primary election, the
824	second primary election,and the general election. Each state
825	executive committee shall file the original and one copy of its
826	reports with the Division of Elections. Each county executive
827	committee shall file its reports with the supervisor of
828	elections in the county in which such committee exists. Any
829	state or county executive committee failing to file a report on
830	the designated due date shall be subject to a fine as provided
831	in subsection (3). No separate fine shall be assessed for
832	failure to file a copy of any report required by this section.
833	Section 29. Any voting system certified for use in the
834	state on January 2, 2004, must meet the new certification
835	requirements of s. 101.5606, Florida Statutes, as amended by
836	this act, by July 1, 2004.
837	Section 30. If any law amended by this act was also
838	amended by a law enacted at the 2003 Regular Session of the
839	Legislature or at the 2003 Special Session A of the Legislature,
840	such laws shall be construed as if they had been enacted at the
841	same session of the Legislature, and full effect shall be given
842	to each if possible.
843	Section 31. This act shall take effect January 2, 2004.