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A bill to be entitled |
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An act relating to primary elections; repealing s. |
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100.091, F.S.; eliminating the second primary election; |
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repealing s. 100.096, F.S., relating to the holding of |
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special elections in conjunction with the second primary |
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election, to conform; amending s. 97.021, F.S., relating |
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to the definition of "primary election," to conform; |
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amending ss. 97.055, 97.071, 97.1031, and 98.081, F.S., |
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relating to restrictions on changing party affiliation |
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between primary elections, to conform; amending ss. |
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99.061 and 99.095, F.S., relating to qualifying for |
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nomination or election to office, to conform; amending s. |
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99.063, F.S.; adjusting the date to designate a |
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Lieutenant Governor running mate, to conform; amending |
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ss. 99.103, 100.081, 100.111, 100.141, 101.252, 101.62, |
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102.041, 103.021, 103.022, 103.091, 105.031, 105.041, |
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105.051, 106.07, 106.08, and 106.29, F.S.; revising |
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references, to conform to the elimination of the second |
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primary election; amending s. 100.061, F.S.; establishing |
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a ranked-choice or "instant runoff" voting process for |
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the primary election; amending s. 101.151, F.S.; |
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modifying the primary election ballot, to conform; |
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amending s. 101.5606, F.S.; modifying certification |
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requirements for voting systems; requiring previously |
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certified voting systems to meet new certification |
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requirements by a date certain; providing for |
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construction of the act in pari materia with laws enacted |
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during the 2003 Regular Session or the 2003 Special |
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Session A of the Legislature; providing an effective |
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date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Sections 100.091 and 100.096, Florida Statutes, |
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are repealed. |
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Section 2. Subsection (25) of section 97.021, Florida |
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Statutes, is amended to read: |
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97.021 Definitions.--For the purposes of this code, except |
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where the context clearly indicates otherwise, the term: |
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(25) "Primary election" means an election held preceding |
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the general election for the purpose of nominating a party |
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nominee to be voted for in the general election to fill a |
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national, state, county, or district office. The first primary |
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is a nomination or elimination election; the second primary is a |
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nominating election only. |
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Section 3. Subsection (1) of section 97.055, Florida |
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Statutes, is amended to read: |
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97.055 Registration books; when closed for an election.-- |
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(1) The registration books must be closed on the 29th day |
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before each election and must remain closed until after that |
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election. If an election is called and there are fewer than 29 |
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days before that election, the registration books must be closed |
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immediately. When the registration books are closed for an |
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election, voter registration and party changes must be accepted |
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but only for the purpose of subsequent elections. However, party |
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changes received between the book-closing date of the first |
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primary election and the date of the second primary election are |
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not effective until after the second primary election. |
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Section 4. Subsection (3) of section 97.071, Florida |
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Statutes, is amended to read: |
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97.071 Registration identification card.-- |
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(3) In the case of a change of name, address, or party |
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affiliation, the supervisor must issue the voter a new |
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registration identification card. However, a registration |
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identification card indicating a party affiliation change made |
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between the book-closing date for the first primary election and |
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the date of the second primary election may not be issued until |
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after the second primary election. |
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Section 5. Subsection (3) of section 97.1031, Florida |
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Statutes, is amended to read: |
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97.1031 Notice of change of residence within the same |
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county, change of name, or change of party.-- |
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(3) When an elector seeks to change party affiliation, the |
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elector must provide a signed, written notification of such |
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intent to the supervisor and obtain a registration |
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identification card reflecting the new party affiliation, |
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subject to the issuance restriction in s. 97.071(3). |
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Section 6. Section 98.081, Florida Statutes, is amended to |
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read: |
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98.081 Names removed from registration books; restrictions |
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on reregistering; recordkeeping; restoration of erroneously or |
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illegally removed names.-- |
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(1) Any person who requested that his or her name be |
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removed from the registration books between the book-closing |
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date of the first primary and the date of the second primary may |
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not register in a different political party until after the date |
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of the second primary election. |
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(1)(2)When the name of any elector is removed from the |
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registration books pursuant to s. 98.065, s. 98.075, or s. |
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98.093, the elector's original registration form shall be filed |
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alphabetically in the office of the supervisor. As alternatives, |
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registrations removed from the registration books may be |
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microfilmed and such microfilms substituted for the original |
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registration forms; or, when voter registration information, |
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including the voter's signature, is maintained digitally or on |
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electronic, magnetic, or optic media, such stored information |
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may be substituted for the original registration form. Such |
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microfilms or stored information shall be retained in the |
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custody of the supervisor. In the event the original |
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registration forms are microfilmed or maintained digitally or on |
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electronic or other media, such originals may be destroyed in |
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accordance with the schedule approved by the Bureau of Archives |
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and Records Management of the Division of Library and |
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Information Services of the department. |
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(2)(3)When the name of any elector has been erroneously |
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or illegally removed from the registration books, the name of |
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the elector shall be restored by the supervisor upon |
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satisfactory proof, even though the registration period for that |
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election is closed. |
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Section 7. Subsections (1), (2), and (8) of section |
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99.061, Florida Statutes, are amended to read: |
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99.061 Method of qualifying for nomination or election to |
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federal, state, county, or district office.-- |
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(1) The provisions of any special act to the contrary |
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notwithstanding, each person seeking to qualify for nomination |
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or election to a federal, state, or multicounty district office, |
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other than election to a judicial office as defined in chapter |
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105 or the office of school board member, shall file his or her |
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qualification papers with, and pay the qualifying fee, which |
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shall consist of the filing fee and election assessment, and |
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party assessment, if any has been levied, to, the Department of |
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State, or qualify by the alternative method with the Department |
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of State, at any time after noon of the 1st day for qualifying, |
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which shall be as follows: the 120th day prior to the first |
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primary election, but not later than noon of the 116th day prior |
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to the date of the first primary election, for persons seeking |
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to qualify for nomination or election to federal office; and |
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noon of the 50th day prior to the first primary election, but |
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not later than noon of the 46th day prior to the date of the |
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first primary election, for persons seeking to qualify for |
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nomination or election to a state or multicounty district |
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office. |
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(2) The provisions of any special act to the contrary |
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notwithstanding, each person seeking to qualify for nomination |
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or election to a county office, or district or special district |
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office not covered by subsection (1), shall file his or her |
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qualification papers with, and pay the qualifying fee, which |
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shall consist of the filing fee and election assessment, and |
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party assessment, if any has been levied, to, the supervisor of |
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elections of the county, or shall qualify by the alternative |
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method with the supervisor of elections, at any time after noon |
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of the 1st day for qualifying, which shall be the 50th day prior |
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to the first primary electionor special district election, but |
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not later than noon of the 46th day prior to the date of the |
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first primary electionor special district election. However, if |
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a special district election is held at the same time as the |
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second primary orgeneral election, qualifying shall be the 50th |
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day prior to the first primary election, but not later than noon |
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of the 46th day prior to the date of the first primary election. |
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Within 30 days after the closing of qualifying time, the |
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supervisor of elections shall remit to the secretary of the |
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state executive committee of the political party to which the |
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candidate belongs the amount of the filing fee, two-thirds of |
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which shall be used to promote the candidacy of candidates for |
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county offices and the candidacy of members of the Legislature. |
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(8) Notwithstanding the qualifying period prescribed by |
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this section, in each year in which the Legislature apportions |
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the state, the qualifying period for persons seeking to qualify |
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for nomination or election to federal office shall be between |
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noon of the 57th day prior to the first primary election, but |
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not later than noon of the 53rd day prior to the first primary |
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election. |
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Section 8. Subsections (1), (2), and (4) of section |
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99.063, Florida Statutes, are amended to read: |
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99.063 Candidates for Governor and Lieutenant Governor.-- |
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(1) No later than 5 p.m. of the 9th day following the |
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secondprimary election, each candidate for Governor shall |
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designate a Lieutenant Governor as a running mate. Such |
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designation must be made in writing to the Department of State. |
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(2) No later than 5 p.m. of the 9th day following the |
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secondprimary election, each designated candidate for |
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Lieutenant Governor shall file with the Department of State: |
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(a) The candidate's oath required by s. 99.021, which must |
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contain the name of the candidate as it is to appear on the |
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ballot; the office sought; and the signature of the candidate, |
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duly acknowledged. |
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(b) The loyalty oath required by s. 876.05, signed by the |
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candidate and duly acknowledged. |
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(c) If the office sought is partisan, the written |
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statement of political party affiliation required by s. |
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99.021(1)(b). |
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(d) The full and public disclosure of financial interests |
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pursuant to s. 8, Art. II of the State Constitution. |
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(4) In order to have the name of the candidate for |
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Lieutenant Governor printed on the first or secondprimary |
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election ballot, a candidate for Governor participating in the |
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primary must designate the candidate for Lieutenant Governor, |
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and the designated candidate must qualify no later than the end |
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of the qualifying period specified in s. 99.061. If the |
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candidate for Lieutenant Governor has not been designated and |
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has not qualified by the end of the qualifying period specified |
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in s. 99.061, the phrase "Not Yet Designated" must be included |
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in lieu of the candidate's name on the primary election ballot |
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ballots and on advance absentee ballots for the general |
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election. |
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Section 9. Subsection (1) of section 99.095, Florida |
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Statutes, is amended to read: |
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99.095 Alternative method of qualifying.-- |
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(1) A person seeking to qualify for nomination to any |
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office may qualify to have his or her name placed on the ballot |
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for the firstprimary election by means of the petitioning |
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process prescribed in this section. A person qualifying by this |
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alternative method shall not be required to pay the qualifying |
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fee or party assessment required by this chapter. A person using |
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this petitioning process shall file an oath with the officer |
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before whom the candidate would qualify for the office stating |
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that he or she intends to qualify by this alternative method for |
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the office sought. If the person is running for an office which |
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will be grouped on the ballot with two or more similar offices |
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to be filled at the same election, the candidate must indicate |
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in his or her oath for which group or district office he or she |
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is running. The oath shall be filed at any time after the first |
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Tuesday after the first Monday in January of the year in which |
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the first primary electionis held, but prior to the 21st day |
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preceding the first day of the qualifying period for the office |
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sought. The Department of State shall prescribe the form to be |
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used in administering and filing such oath. No signatures shall |
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be obtained by a candidate on any nominating petition until the |
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candidate has filed the oath required in this section. If the |
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person is running for an office which will be grouped on the |
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ballot with two or more similar offices to be filled at the same |
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election and the petition does not indicate the group or |
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district office for which the person is running, the signatures |
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obtained on such petition will not be counted. |
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Section 10. Section 99.103, Florida Statutes, is amended |
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to read: |
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99.103 Department of State to remit part of filing fees |
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and party assessments of candidates to state executive |
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committee.-- |
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(1) If more than three-fourths of the full authorized |
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membership of the state executive committee of any party was |
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elected at the last previous election for such members and if |
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such party is declared by the Department of State to have |
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recorded on the registration books of the counties, as of the |
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first Tuesday after the first Monday in January prior to the |
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first primary electionin general election years, 5 percent of |
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the total registration of such counties when added together, |
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such committee shall receive, for the purpose of meeting its |
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expenses, all filing fees collected by the Department of State |
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from its candidates less an amount equal to 15 percent of the |
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filing fees, which amount the Department of State shall deposit |
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in the General Revenue Fund of the state. |
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(2) Not later than 20 days after the close of qualifying |
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in even-numbered years, the Department of State shall remit 95 |
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percent of all filing fees, less the amount deposited in general |
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revenue pursuant to subsection (1), or party assessments that |
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may have been collected by the department to the respective |
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state executive committees of the parties complying with |
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subsection(1). Party assessments collected by the Department of |
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State shall be remitted to the appropriate state executive |
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committee, irrespective of other requirements of this section, |
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provided such committee is duly organized under the provisions |
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of chapter 103. The remainder of filing fees or party |
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assessments collected by the Department of State shall be |
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remitted to the appropriate state executive committees not later |
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than the date of the first primary election. |
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Section 11. Section 100.061, Florida Statutes, is amended |
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to read: |
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100.061 First primary election.-- |
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(1)In each year in which a general election is held, a |
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first primary election for nomination of candidates of political |
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parties shall be held on the Tuesday 9 weeks prior to the |
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general election using a ranked-choice or "instant runoff" |
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ballot prepared pursuant to s. 101.151. Each candidate receiving |
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a majority of the votes cast in each contest in the first |
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primary election shall be declared nominated for such office. A |
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second primary election shall be held as provided by s. 100.091 |
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in every contest in which a candidate does not receive a |
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majority. |
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(2) For purposes of this section: |
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(a) A candidate shall be deemed "continuing" if the |
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candidate has not been eliminated. |
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(b) A ballot shall be deemed "continuing" if it is not |
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exhausted. |
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(c) A ballot shall be deemed "exhausted," and not counted |
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in further stages of the tabulation, if all the choices have |
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been eliminated or if there are no more choices indicated on the |
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ballot. |
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(d) If a ranked-choice ballot gives equal weight to two or |
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more candidates, the ballot shall be deemed "exhausted" when |
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such multiple rankings are reached. |
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(e) If a voter casts a ranked-choice ballot but skips one |
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or more ranks, the voter's vote shall be transferred to that |
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voter's next ranked choice. |
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(3) If a candidate receives a majority of the first |
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choices, that candidate shall be nominated. If no candidate |
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receives a majority, the candidate who received the fewest first |
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choices shall be eliminated and each vote cast for that |
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candidate shall be transferred to the next-ranked candidate on |
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that voter's ballot. If, after this transfer of votes, any |
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candidate has a majority of the votes from the continuing |
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ballots, that candidate shall be declared nominated. |
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(4) If no candidate receives a majority of votes from the |
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continuing ballots after a candidate has been eliminated and his |
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or her votes have been transferred to the next-ranked candidate, |
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the continuing candidate with the fewest votes from the |
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continuing ballots shall be eliminated. All votes cast for that |
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candidate shall be transferred to the next-ranked continuing |
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candidate on each voter's ballot. This process of eliminating |
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candidates and transferring their votes to the next-ranked |
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continuing candidates shall be repeated until a candidate |
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receives a majority of the votes from the continuing ballots or |
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until there are only two candidates that have not been |
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eliminated, at which point the candidate with the most votes |
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shall be nominated. |
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(5) To facilitate ballot counting in each round, if the |
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total number of votes of the two or more candidates credited |
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with the lowest number of votes is less than the number of votes |
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credited to the candidate with the next highest number of votes, |
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those candidates with the lowest number of votes shall be |
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eliminated simultaneously and their votes transferred to the |
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next-ranked continuing candidate on each ballot in a single |
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counting operation. |
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(6) If the final two continuing candidates receive an |
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equal number of votes for the same office, such candidates shall |
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draw lots to determine which candidate is nominated. |
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(7) The Division of Elections and the supervisors of |
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elections shall make ranked-choice or "instant runoff" voting a |
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component of their voter education programs. |
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Section 12. Section 100.081, Florida Statutes, is amended |
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to read: |
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100.081 Conducting primary elections;Nomination of county |
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commissioners at primary election.--The primary election |
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electionsshall provide for the nomination of county |
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commissioners by the qualified electors of such county at the |
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time and place set for voting on other county officers. |
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Section 13. Paragraph (c) of subsection (1), subsection |
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(3), and paragraph (a) of subsection (4) of section 100.111, |
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Florida Statutes, are amended to read: |
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100.111 Filling vacancy.-- |
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(1) |
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(c) If such a vacancy occurs prior to the first primary |
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electionbut on or after the first day set by law for |
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qualifying, the Secretary of State shall set dates for |
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qualifying for the unexpired portion of the term of such office. |
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Any person seeking nomination or election to the unexpired |
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portion of the term shall qualify within the time set by the |
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Secretary of State. If time does not permit party nominations to |
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be made in conjunction with the first and second primary |
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electionelections, the Governor may call a special primary |
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election, and, if necessary, a second special primary election, |
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to select party nominees for the unexpired portion of such term. |
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(3) Whenever there is a vacancy for which a special |
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election is required pursuant to s. 100.101(1)-(4), the |
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Governor, after consultation with the Secretary of State, shall |
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fix the datesdate of a special first primary election, a |
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special second primary election,and a special election. |
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Nominees of political parties other than minor political parties |
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shall be chosen under the primary laws of this state in the |
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special primary electionelectionsto become candidates in the |
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special election. Prior to setting the special election dates, |
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the Governor shall consider any upcoming elections in the |
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jurisdiction where the special election will be held. The dates |
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fixed by the Governor shall be specific days certain and shall |
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not be established by the happening of a condition or stated in |
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the alternative. The dates fixed shall provide a minimum of 2 |
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weeks between each election. In the event a vacancy occurs in |
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the office of state senator or member of the House of |
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Representatives when the Legislature is in regular legislative |
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session, the minimum times prescribed by this subsection may be |
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waived upon concurrence of the Governor, the Speaker of the |
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House of Representatives, and the President of the Senate. If a |
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vacancy occurs in the office of state senator and no session of |
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the Legislature is scheduled to be held prior to the next |
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general election, the Governor may fix the dates for theany |
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special primary electionand for the special election to |
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coincide with the dates of the first and second primary election |
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and general election. If a vacancy in office occurs in any |
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district in the state Senate or House of Representatives or in |
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any congressional district, and no session of the Legislature, |
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or session of Congress if the vacancy is in a congressional |
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district, is scheduled to be held during the unexpired portion |
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of the term, the Governor is not required to call a special |
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election to fill such vacancy. |
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(a) The dates for candidates to qualify in such special |
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election or special primary election shall be fixed by the |
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Department of State, and candidates shall qualify not later than |
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noon of the last day so fixed. The dates fixed for qualifying |
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shall allow a minimum of 14 days between the last day of |
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qualifying and the special firstprimary election. |
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(b) The filing of campaign expense statements by |
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candidates in such special elections or special primaries and by |
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committees making contributions or expenditures to influence the |
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results of such special primaries or special elections shall be |
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not later than such dates as shall be fixed by the Department of |
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State, and in fixing such dates the Department of State shall |
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take into consideration and be governed by the practical time |
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limitations. |
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(c) The dates for a candidate to qualify by the |
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alternative method in such special primary or special election |
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shall be fixed by the Department of State. In fixing such dates |
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the Department of State shall take into consideration and be |
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governed by the practical time limitations. Any candidate |
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seeking to qualify by the alternative method in a special |
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primary election shall obtain 25 percent of the signatures |
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required by s. 99.095, s. 99.0955, or s. 99.096, as applicable. |
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(d) The qualifying fees and party assessments of such |
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candidates as may qualify shall be the same as collected for the |
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same office at the last previous primary for that office. The |
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party assessment shall be paid to the appropriate executive |
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|
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. |