HB 0389 2004
   
1 House Joint Resolution
2          A joint resolution proposing an amendment to Section 5 of
3    Article VI of the State Constitution to prescribe
4    additional circumstances in which electors may vote in a
5    primary election regardless of party affiliation.
6         
7          Be It Resolved by the Legislature of the State of Florida:
8         
9          That the amendment to Section 5 of Article VI of the State
10    Constitution set forth below is agreed to and shall be submitted
11    to the electors of Florida for approval or rejection at the
12    general election to be held in November 2004:
13 ARTICLE VI
14 SUFFRAGE AND ELECTIONS
15          SECTION 5. Primary, general, and special elections.--
16          (a) A general election shall be held in each county on the
17    first Tuesday after the first Monday in November of each even-
18    numbered year to choose a successor to each elective state and
19    county officer whose term will expire before the next general
20    election and, except as provided herein, to fill each vacancy in
21    elective office for the unexpired portion of the term. A general
22    election may be suspended or delayed due to a state of emergency
23    or impending emergency pursuant to general law. Special
24    elections and referenda shall be held as provided by law.
25          (b) If all candidates for an office have the same party
26    affiliation and the winner will have eitherno opposition in the
27    general election or opposition only from a write-in candidate,
28    thenall qualified electors, regardless of party affiliation,
29    may vote in the primary elections for that office.
30          BE IT FURTHER RESOLVED that the title and substance of the
31    amendment proposed herein shall appear on the ballot as follows:
32 OPEN PRIMARY ELECTIONS; ADDITIONAL CIRCUMSTANCES
33          Proposes an amendment to Section 5 of Article VI of the
34    State Constitution to permit all electors, regardless of party
35    affiliation, to vote in the primary elections for an office, in
36    the same manner as is currently permitted when the winner of the
37    primary will be unopposed in the general election, if the winner
38    of the primary will be opposed in the general election by a
39    write-in candidate only.