Senate Bill sb1268c1
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Florida Senate - 2005 CS for SB's 1268 & 1956
By the Committee on Ethics and Elections; and Senators Clary
and Posey
582-1818-05
1 A bill to be entitled
2 An act relating to the second primary election;
3 repealing s. 100.091, F.S.; eliminating the
4 second primary election; repealing s. 100.096,
5 F.S., relating to the holding of special
6 elections in conjunction with the second
7 primary election, to conform; amending s.
8 97.021, F.S., relating to the definition of
9 "primary election," to conform; amending ss.
10 97.055, 97.071, 97.1031, 98.081, F.S., relating
11 to restrictions on changing party affiliation
12 between primary elections, to conform; amending
13 ss. 99.061, 99.095, F.S., relating to
14 qualifying for nomination or election to
15 office, to conform; amending s. 99.063, F.S.;
16 adjusting the date to designate a Lieutenant
17 Governor running mate, to conform; amending ss.
18 99.103, 100.061, 100.081, 100.111, 100.141,
19 101.252, 101.62, 103.021, 103.022, 103.091,
20 105.031, 105.041, 105.051, 106.07, 106.08,
21 106.29, F.S., and repealing s. 102.014(4)(c),
22 F.S.; revising references, to conform to the
23 elimination of the second primary election;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Sections 100.091 and 100.096, Florida
29 Statutes, are repealed.
30 Section 2. Subsection (25) of section 97.021, Florida
31 Statutes, is amended to read:
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1 97.021 Definitions.--For the purposes of this code,
2 except where the context clearly indicates otherwise, the
3 term:
4 (25) "Primary election" means an election held
5 preceding the general election for the purpose of nominating a
6 party nominee to be voted for in the general election to fill
7 a national, state, county, or district office. The first
8 primary is a nomination or elimination election; the second
9 primary is a nominating election only.
10 Section 3. Subsection (1) of section 97.055, Florida
11 Statutes, is amended to read:
12 97.055 Registration books; when closed for an
13 election.--
14 (1) The registration books must be closed on the 29th
15 day before each election and must remain closed until after
16 that election. If an election is called and there are fewer
17 than 29 days before that election, the registration books must
18 be closed immediately. When the registration books are closed
19 for an election, voter registration and party changes must be
20 accepted but only for the purpose of subsequent elections.
21 However, party changes received between the book-closing date
22 of the first primary election and the date of the second
23 primary election are not effective until after the second
24 primary election.
25 Section 4. Subsection (3) of section 97.071, Florida
26 Statutes, is amended to read:
27 97.071 Registration identification card.--
28 (3) In the case of a change of name, address, or party
29 affiliation, the supervisor must issue the voter a new
30 registration identification card. However, a registration
31 identification card indicating a party affiliation change made
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1 between the book-closing date for the first primary election
2 and the date of the second primary election may not be issued
3 until after the second primary election.
4 Section 5. Subsection (3) of section 97.1031, Florida
5 Statutes, is amended to read:
6 97.1031 Notice of change of residence within the same
7 county, change of name, or change of party.--
8 (3) When an elector seeks to change party affiliation,
9 the elector must provide a signed, written notification of
10 such intent to the supervisor and obtain a registration
11 identification card reflecting the new party affiliation,
12 subject to the issuance restriction in s. 97.071(3).
13 Section 6. Section 98.081, Florida Statutes, is
14 amended to read:
15 98.081 Names removed from registration books;
16 restrictions on reregistering; recordkeeping; restoration of
17 erroneously or illegally removed names.--
18 (1) Any person who requested that his or her name be
19 removed from the registration books between the book-closing
20 date of the first primary and the date of the second primary
21 may not register in a different political party until after
22 the date of the second primary election.
23 (1)(2) When the name of any elector is removed from
24 the registration books pursuant to s. 98.065, s. 98.075, or s.
25 98.093, the elector's original registration form shall be
26 filed alphabetically in the office of the supervisor. As
27 alternatives, registrations removed from the registration
28 books may be microfilmed and such microfilms substituted for
29 the original registration forms; or, when voter registration
30 information, including the voter's signature, is maintained
31 digitally or on electronic, magnetic, or optic media, such
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1 stored information may be substituted for the original
2 registration form. Such microfilms or stored information shall
3 be retained in the custody of the supervisor. In the event the
4 original registration forms are microfilmed or maintained
5 digitally or on electronic or other media, such originals may
6 be destroyed in accordance with the schedule approved by the
7 Bureau of Archives and Records Management of the Division of
8 Library and Information Services of the department.
9 (2)(3) When the name of any elector has been
10 erroneously or illegally removed from the registration books,
11 the name of the elector shall be restored by the supervisor
12 upon satisfactory proof, even though the registration period
13 for that election is closed.
14 Section 7. Subsections (1), (2), and (8) of section
15 99.061, Florida Statutes, are amended to read:
16 99.061 Method of qualifying for nomination or election
17 to federal, state, county, or district office.--
18 (1) The provisions of any special act to the contrary
19 notwithstanding, each person seeking to qualify for nomination
20 or election to a federal, state, or multicounty district
21 office, other than election to a judicial office as defined in
22 chapter 105 or the office of school board member, shall file
23 his or her qualification papers with, and pay the qualifying
24 fee, which shall consist of the filing fee and election
25 assessment, and party assessment, if any has been levied, to,
26 the Department of State, or qualify by the alternative method
27 with the Department of State, at any time after noon of the
28 1st day for qualifying, which shall be as follows: the 120th
29 day prior to the first primary election, but not later than
30 noon of the 116th day prior to the date of the first primary
31 election, for persons seeking to qualify for nomination or
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1 election to federal office; and noon of the 50th day prior to
2 the first primary election, but not later than noon of the
3 46th day prior to the date of the first primary election, for
4 persons seeking to qualify for nomination or election to a
5 state or multicounty district office.
6 (2) The provisions of any special act to the contrary
7 notwithstanding, each person seeking to qualify for nomination
8 or election to a county office, or district or special
9 district office not covered by subsection (1), shall file his
10 or her qualification papers with, and pay the qualifying fee,
11 which shall consist of the filing fee and election assessment,
12 and party assessment, if any has been levied, to, the
13 supervisor of elections of the county, or shall qualify by the
14 alternative method with the supervisor of elections, at any
15 time after noon of the 1st day for qualifying, which shall be
16 the 50th day prior to the first primary election or special
17 district election, but not later than noon of the 46th day
18 prior to the date of the first primary election or special
19 district election. However, if a special district election is
20 held at the same time as the second primary or general
21 election, qualifying shall be the 50th day prior to the first
22 primary election, but not later than noon of the 46th day
23 prior to the date of the first primary election. Within 30
24 days after the closing of qualifying time, the supervisor of
25 elections shall remit to the secretary of the state executive
26 committee of the political party to which the candidate
27 belongs the amount of the filing fee, two-thirds of which
28 shall be used to promote the candidacy of candidates for
29 county offices and the candidacy of members of the
30 Legislature.
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1 (8) Notwithstanding the qualifying period prescribed
2 by this section, in each year in which the Legislature
3 apportions the state, the qualifying period for persons
4 seeking to qualify for nomination or election to federal
5 office shall be between noon of the 57th day prior to the
6 first primary election, but not later than noon of the 53rd
7 day prior to the first primary election.
8 Section 8. Subsections (1), (2), and (4) of section
9 99.063, Florida Statutes, are amended to read:
10 99.063 Candidates for Governor and Lieutenant
11 Governor.--
12 (1) No later than 5 p.m. of the 9th day following the
13 second primary election, each candidate for Governor shall
14 designate a Lieutenant Governor as a running mate. Such
15 designation must be made in writing to the Department of
16 State.
17 (2) No later than 5 p.m. of the 9th day following the
18 second primary election, each designated candidate for
19 Lieutenant Governor shall file with the Department of State:
20 (a) The candidate's oath required by s. 99.021, which
21 must contain the name of the candidate as it is to appear on
22 the ballot; the office sought; and the signature of the
23 candidate, duly acknowledged.
24 (b) The loyalty oath required by s. 876.05, signed by
25 the candidate and duly acknowledged.
26 (c) If the office sought is partisan, the written
27 statement of political party affiliation required by s.
28 99.021(1)(b).
29 (d) The full and public disclosure of financial
30 interests pursuant to s. 8, Art. II of the State Constitution.
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1 (4) In order to have the name of the candidate for
2 Lieutenant Governor printed on the first or second primary
3 election ballot, a candidate for Governor participating in the
4 primary must designate the candidate for Lieutenant Governor,
5 and the designated candidate must qualify no later than the
6 end of the qualifying period specified in s. 99.061. If the
7 candidate for Lieutenant Governor has not been designated and
8 has not qualified by the end of the qualifying period
9 specified in s. 99.061, the phrase "Not Yet Designated" must
10 be included in lieu of the candidate's name on the primary
11 election ballot ballots and on advance absentee ballots for
12 the general election.
13 Section 9. Subsection (1) of section 99.095, Florida
14 Statutes, is amended to read:
15 99.095 Alternative method of qualifying.--
16 (1) A person seeking to qualify for nomination to any
17 office may qualify to have his or her name placed on the
18 ballot for the first primary election by means of the
19 petitioning process prescribed in this section. A person
20 qualifying by this alternative method shall not be required to
21 pay the qualifying fee or party assessment required by this
22 chapter. A person using this petitioning process shall file
23 an oath with the officer before whom the candidate would
24 qualify for the office stating that he or she intends to
25 qualify by this alternative method for the office sought. If
26 the person is running for an office which will be grouped on
27 the ballot with two or more similar offices to be filled at
28 the same election, the candidate must indicate in his or her
29 oath for which group or district office he or she is running.
30 The oath shall be filed at any time after the first Tuesday
31 after the first Monday in January of the year in which the
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1 first primary election is held, but prior to the 21st day
2 preceding the first day of the qualifying period for the
3 office sought. The Department of State shall prescribe the
4 form to be used in administering and filing such oath. No
5 signatures shall be obtained by a candidate on any nominating
6 petition until the candidate has filed the oath required in
7 this section. If the person is running for an office which
8 will be grouped on the ballot with two or more similar offices
9 to be filled at the same election and the petition does not
10 indicate the group or district office for which the person is
11 running, the signatures obtained on such petition will not be
12 counted.
13 Section 10. Section 99.103, Florida Statutes, is
14 amended to read:
15 99.103 Department of State to remit part of filing
16 fees and party assessments of candidates to state executive
17 committee.--
18 (1) If more than three-fourths of the full authorized
19 membership of the state executive committee of any party was
20 elected at the last previous election for such members and if
21 such party is declared by the Department of State to have
22 recorded on the registration books of the counties, as of the
23 first Tuesday after the first Monday in January prior to the
24 first primary election in general election years, 5 percent of
25 the total registration of such counties when added together,
26 such committee shall receive, for the purpose of meeting its
27 expenses, all filing fees collected by the Department of State
28 from its candidates less an amount equal to 15 percent of the
29 filing fees, which amount the Department of State shall
30 deposit in the General Revenue Fund of the state.
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1 (2) Not later than 20 days after the close of
2 qualifying in even-numbered years, the Department of State
3 shall remit 95 percent of all filing fees, less the amount
4 deposited in general revenue pursuant to subsection (1), or
5 party assessments that may have been collected by the
6 department to the respective state executive committees of the
7 parties complying with subsection (1). Party assessments
8 collected by the Department of State shall be remitted to the
9 appropriate state executive committee, irrespective of other
10 requirements of this section, provided such committee is duly
11 organized under the provisions of chapter 103. The remainder
12 of filing fees or party assessments collected by the
13 Department of State shall be remitted to the appropriate state
14 executive committees not later than the date of the first
15 primary election.
16 Section 11. Section 100.061, Florida Statutes, is
17 amended to read:
18 100.061 First Primary election.--In each year in which
19 a general election is held, a first primary election for
20 nomination of candidates of political parties shall be held on
21 the Tuesday 9 weeks prior to the general election. The Each
22 candidate receiving the highest number a majority of the votes
23 cast in each contest in the first primary election shall be
24 declared nominated for such office. If two or more candidates
25 receive an equal and highest number of votes for the same
26 office, such candidates shall draw lots to determine which
27 candidate is nominated. A second primary election shall be
28 held as provided by s. 100.091 in every contest in which a
29 candidate does not receive a majority.
30 Section 12. Section 100.081, Florida Statutes, is
31 amended to read:
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1 100.081 Conducting primary elections; Nomination of
2 county commissioners at primary election.--The primary
3 election elections shall provide for the nomination of county
4 commissioners by the qualified electors of such county at the
5 time and place set for voting on other county officers.
6 Section 13. Paragraph (c) of subsection (1),
7 subsection (3), and paragraph (a) of subsection (4) of section
8 100.111, Florida Statutes, are amended to read:
9 100.111 Filling vacancy.--
10 (1)
11 (c) If such a vacancy occurs prior to the first
12 primary election but on or after the first day set by law for
13 qualifying, the Secretary of State shall set dates for
14 qualifying for the unexpired portion of the term of such
15 office. Any person seeking nomination or election to the
16 unexpired portion of the term shall qualify within the time
17 set by the Secretary of State. If time does not permit party
18 nominations to be made in conjunction with the first and
19 second primary election elections, the Governor may call a
20 special primary election, and, if necessary, a second special
21 primary election, to select party nominees for the unexpired
22 portion of such term.
23 (3) Whenever there is a vacancy for which a special
24 election is required pursuant to s. 100.101(1)-(4), the
25 Governor, after consultation with the Secretary of State,
26 shall fix the dates date of a special first primary election,
27 a special second primary election, and a special election.
28 Nominees of political parties other than minor political
29 parties shall be chosen under the primary laws of this state
30 in the special primary election elections to become candidates
31 in the special election. Prior to setting the special
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1 election dates, the Governor shall consider any upcoming
2 elections in the jurisdiction where the special election will
3 be held. The dates fixed by the Governor shall be specific
4 days certain and shall not be established by the happening of
5 a condition or stated in the alternative. The dates fixed
6 shall provide a minimum of 2 weeks between each election. In
7 the event a vacancy occurs in the office of state senator or
8 member of the House of Representatives when the Legislature is
9 in regular legislative session, the minimum times prescribed
10 by this subsection may be waived upon concurrence of the
11 Governor, the Speaker of the House of Representatives, and the
12 President of the Senate. If a vacancy occurs in the office of
13 state senator and no session of the Legislature is scheduled
14 to be held prior to the next general election, the Governor
15 may fix the dates for the any special primary election and for
16 the special election to coincide with the dates of the first
17 and second primary election and general election. If a
18 vacancy in office occurs in any district in the state Senate
19 or House of Representatives or in any congressional district,
20 and no session of the Legislature, or session of Congress if
21 the vacancy is in a congressional district, is scheduled to be
22 held during the unexpired portion of the term, the Governor is
23 not required to call a special election to fill such vacancy.
24 (a) The dates for candidates to qualify in such
25 special election or special primary election shall be fixed by
26 the Department of State, and candidates shall qualify not
27 later than noon of the last day so fixed. The dates fixed for
28 qualifying shall allow a minimum of 14 days between the last
29 day of qualifying and the special first primary election.
30 (b) The filing of campaign expense statements by
31 candidates in such special elections or special primaries and
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1 by committees making contributions or expenditures to
2 influence the results of such special primaries or special
3 elections shall be not later than such dates as shall be fixed
4 by the Department of State, and in fixing such dates the
5 Department of State shall take into consideration and be
6 governed by the practical time limitations.
7 (c) The dates for a candidate to qualify by the
8 alternative method in such special primary or special election
9 shall be fixed by the Department of State. In fixing such
10 dates the Department of State shall take into consideration
11 and be governed by the practical time limitations. Any
12 candidate seeking to qualify by the alternative method in a
13 special primary election shall obtain 25 percent of the
14 signatures required by s. 99.095, s. 99.0955, or s. 99.096, as
15 applicable.
16 (d) The qualifying fees and party assessments of such
17 candidates as may qualify shall be the same as collected for
18 the same office at the last previous primary for that office.
19 The party assessment shall be paid to the appropriate
20 executive committee of the political party to which the
21 candidate belongs.
22 (e) Each county canvassing board shall make as speedy
23 a return of the result of such special primary elections and
24 special elections and primaries as time will permit, and the
25 Elections Canvassing Commission likewise shall make as speedy
26 a canvass and declaration of the nominees as time will permit.
27 (4)(a) In the event that death, resignation,
28 withdrawal, removal, or any other cause or event should cause
29 a party to have a vacancy in nomination which leaves no
30 candidate for an office from such party, the Governor shall,
31 after conferring with the Secretary of State, call a special
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1 primary election and, if necessary, a second special primary
2 election to select for such office a nominee of such political
3 party. The dates on which candidates may qualify for such
4 special primary election shall be fixed by the Department of
5 State, and the candidates shall qualify no later than noon of
6 the last day so fixed. The filing of campaign expense
7 statements by candidates in special primary elections
8 primaries shall not be later than such dates as shall be fixed
9 by the Department of State. In fixing such dates, the
10 Department of State shall take into consideration and be
11 governed by the practical time limitations. The qualifying
12 fees and party assessment of such candidates as may qualify
13 shall be the same as collected for the same office at the last
14 previous primary for that office. Each county canvassing
15 board shall make as speedy a return of the results of such
16 special primary elections primaries as time will permit, and
17 the Elections Canvassing Commission shall likewise make as
18 speedy a canvass and declaration of the nominees as time will
19 permit.
20 Section 14. Subsection (2) of section 100.141, Florida
21 Statutes, is amended to read:
22 100.141 Notice of special election to fill any vacancy
23 in office or nomination.--
24 (2) The Department of State shall prepare a notice
25 stating what offices and vacancies are to be filled in the
26 special election, the dates date set for the each special
27 primary election and the special election, the dates fixed for
28 qualifying for office, the dates fixed for qualifying by the
29 alternative method, and the dates fixed for filing campaign
30 expense statements.
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1 Section 15. Subsection (2) of section 101.252, Florida
2 Statutes, is amended to read:
3 101.252 Candidates entitled to have names printed on
4 certain ballots; exception.--
5 (2) Any candidate for party executive committee member
6 who has qualified as prescribed by law is entitled to have his
7 or her name printed on the first primary election ballot.
8 However, when there is only one candidate of any political
9 party qualified for such an office, the name of the candidate
10 shall not be printed on the first primary election ballot, and
11 such candidate shall be declared elected to the state or
12 county executive committee.
13 Section 16. Subsection (4) of section 101.62, Florida
14 Statutes, is amended to read:
15 101.62 Request for absentee ballots.--
16 (4)(a) To each absent qualified elector overseas who
17 has requested an absentee ballot, the supervisor of elections
18 shall, not fewer than 35 days before the first primary
19 election, mail an absentee ballot not fewer than 35 days
20 before the primary or general election. Not fewer than 45 days
21 before the second primary and general election, the supervisor
22 of elections shall mail an advance absentee ballot to those
23 persons requesting ballots for such elections. The advance
24 absentee ballot for the second primary shall be the same as
25 the first primary absentee ballot as to the names of
26 candidates, except that for any offices where there are only
27 two candidates, those offices and all political party
28 executive committee offices shall be omitted. Except as
29 provided in ss. 99.063(4) and 100.371(6), the advance absentee
30 ballot for the general election shall be as specified in s.
31 101.151, except that in the case of candidates of political
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1 parties where nominations were not made in the first primary,
2 the names of the candidates placing first and second in the
3 first primary election shall be printed on the advance
4 absentee ballot. The advance absentee ballot or advance
5 absentee ballot information booklet shall be of a different
6 color for each election and also a different color from the
7 absentee ballots for the first primary, second primary, and
8 general election. The supervisor shall mail an advance
9 absentee ballot for the second primary and general election to
10 each qualified absent elector for whom a request is received
11 until the absentee ballots are printed. The supervisor shall
12 enclose with the advance second primary absentee ballot and
13 advance general election absentee ballot an explanation
14 stating that the absentee ballot for the election will be
15 mailed as soon as it is printed; and, if both the advance
16 absentee ballot and the absentee ballot for the election are
17 returned in time to be counted, only the absentee ballot will
18 be counted. The Department of State may prescribe by rule the
19 requirements for preparing and mailing absentee ballots to
20 absent qualified electors overseas.
21 (b) As soon as the remainder of the absentee ballots
22 are printed, The supervisor shall provide an absentee ballot
23 to each elector by whom a request for that ballot has been
24 made by one of the following means:
25 1. By nonforwardable, return-if-undeliverable mail to
26 the elector's current mailing address on file with the
27 supervisor, unless the elector specifies in the request that:
28 a. The elector is absent from the county and does not
29 plan to return before the day of the election;
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1 b. The elector is temporarily unable to occupy the
2 residence because of hurricane, tornado, flood, fire, or other
3 emergency or natural disaster; or
4 c. The elector is in a hospital, assisted-living
5 facility, nursing home, short-term medical or rehabilitation
6 facility, or correctional facility,
7
8 in which case the supervisor shall mail the ballot by
9 nonforwardable, return-if-undeliverable mail to any other
10 address the elector specifies in the request.
11 2. By forwardable mail to voters who are entitled to
12 vote by absentee ballot under the Uniformed and Overseas
13 Citizens Voting Act.
14 3. By personal delivery to the elector, upon
15 presentation of the identification required in s. 101.657.
16 4. By delivery to a designee on election day or up to
17 4 days prior to the day of an election. Any elector may
18 designate in writing a person to pick up the ballot for the
19 elector; however, the person designated may not pick up more
20 than two absentee ballots per election, other than the
21 designee's own ballot, except that additional ballots may be
22 picked up for members of the designee's immediate family. For
23 purposes of this section, "immediate family" means the
24 designee's spouse or the parent, child, grandparent, or
25 sibling of the designee or of the designee's spouse. The
26 designee shall provide to the supervisor the written
27 authorization by the elector and a picture identification of
28 the designee and must complete an affidavit. The designee
29 shall state in the affidavit that the designee is authorized
30 by the elector to pick up that ballot and shall indicate if
31 the elector is a member of the designee's immediate family
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1 and, if so, the relationship. The department shall prescribe
2 the form of the affidavit. If the supervisor is satisfied that
3 the designee is authorized to pick up the ballot and that the
4 signature of the elector on the written authorization matches
5 the signature of the elector on file, the supervisor shall
6 give the ballot to that designee for delivery to the elector.
7 Section 17. Paragraph (c) of subsection (4) of section
8 102.014, Florida Statutes, is repealed.
9 Section 18. Subsection (3) and paragraph (b) of
10 subsection (4) of section 103.021, Florida Statutes, are
11 amended to read:
12 103.021 Nomination for presidential
13 electors.--Candidates for presidential electors shall be
14 nominated in the following manner:
15 (3) Candidates for President and Vice President with
16 no party affiliation may have their names printed on the
17 general election ballots if a petition is signed by 1 percent
18 of the registered electors of this state, as shown by the
19 compilation by the Department of State for the last preceding
20 general election. A separate petition from each county for
21 which signatures are solicited shall be submitted to the
22 supervisor of elections of the respective county no later than
23 July 15 of each presidential election year. The supervisor
24 shall check the names and, on or before the date of the first
25 primary election, shall certify the number shown as registered
26 electors of the county. The supervisor shall be paid by the
27 person requesting the certification the cost of checking the
28 petitions as prescribed in s. 99.097. The supervisor shall
29 then forward the certificate to the Department of State which
30 shall determine whether or not the percentage factor required
31 in this section has been met. When the percentage factor
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1 required in this section has been met, the Department of State
2 shall order the names of the candidates for whom the petition
3 was circulated to be included on the ballot and shall permit
4 the required number of persons to be certified as electors in
5 the same manner as party candidates.
6 (4)
7 (b) A minor party that is not affiliated with a
8 national party holding a national convention to nominate
9 candidates for President and Vice President of the United
10 States may have the names of its candidates for President and
11 Vice President printed on the general election ballot if a
12 petition is signed by 1 percent of the registered electors of
13 this state, as shown by the compilation by the Department of
14 State for the preceding general election. A separate petition
15 from each county for which signatures are solicited shall be
16 submitted to the supervisors of elections of the respective
17 county no later than July 15 of each presidential election
18 year. The supervisor shall check the names and, on or before
19 the date of the first primary election, shall certify the
20 number shown as registered electors of the county. The
21 supervisor shall be paid by the person requesting the
22 certification the cost of checking the petitions as prescribed
23 in s. 99.097. The supervisor shall then forward the
24 certificate to the Department of State, which shall determine
25 whether or not the percentage factor required in this section
26 has been met. When the percentage factor required in this
27 section has been met, the Department of State shall order the
28 names of the candidates for whom the petition was circulated
29 to be included on the ballot and shall permit the required
30 number of persons to be certified as electors in the same
31 manner as other party candidates.
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1 Section 19. Section 103.022, Florida Statutes, is
2 amended to read:
3 103.022 Write-in candidates for President and Vice
4 President.--Persons seeking to qualify for election as
5 write-in candidates for President and Vice President of the
6 United States may have a blank space provided on the general
7 election ballot for their names to be written in by filing an
8 oath with the Department of State at any time after the 57th
9 day, but before noon of the 49th day, prior to the date of the
10 first primary election in the year in which a presidential
11 election is held. The Department of State shall prescribe the
12 form to be used in administering the oath. The candidates
13 shall file with the department a certificate naming the
14 required number of persons to serve as electors. Such
15 write-in candidates shall not be entitled to have their names
16 on the ballot.
17 Section 20. Subsection (4) of section 103.091, Florida
18 Statutes, is amended to read:
19 103.091 Political parties.--
20 (4) Any political party other than a minor political
21 party may by rule provide for the membership of its state or
22 county executive committee to be elected for 4-year terms at
23 the first primary election in each year a presidential
24 election is held. The terms shall commence on the first day of
25 the month following each presidential general election; but
26 the names of candidates for political party offices shall not
27 be placed on the ballot at any other election. The results of
28 such election shall be determined by a plurality of the votes
29 cast. In such event, electors seeking to qualify for such
30 office shall do so with the Department of State or supervisor
31 of elections not earlier than noon of the 57th day, or later
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1 than noon of the 53rd day, preceding the first primary
2 election. The outgoing chair of each county executive
3 committee shall, within 30 days after the committee members
4 take office, hold an organizational meeting of all newly
5 elected members for the purpose of electing officers. The
6 chair of each state executive committee shall, within 60 days
7 after the committee members take office, hold an
8 organizational meeting of all newly elected members for the
9 purpose of electing officers.
10 Section 21. Subsection (1) of section 105.031, Florida
11 Statutes, is amended to read:
12 105.031 Qualification; filing fee; candidate's oath;
13 items required to be filed.--
14 (1) TIME OF QUALIFYING.--Except for candidates for
15 judicial office, nonpartisan candidates for multicounty office
16 shall qualify with the Division of Elections of the Department
17 of State and nonpartisan candidates for countywide or less
18 than countywide office shall qualify with the supervisor of
19 elections. Candidates for judicial office other than the
20 office of county court judge shall qualify with the Division
21 of Elections of the Department of State, and candidates for
22 the office of county court judge shall qualify with the
23 supervisor of elections of the county. Candidates for
24 judicial office shall qualify no earlier than noon of the
25 120th day, and no later than noon of the 116th day, before the
26 first primary election. Candidates for the office of school
27 board member shall qualify no earlier than noon of the 50th
28 day, and no later than noon of the 46th day, before the first
29 primary election. Filing shall be on forms provided for that
30 purpose by the Division of Elections and furnished by the
31 appropriate qualifying officer. Any person seeking to qualify
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1 by the alternative method, as set forth in s. 105.035, if the
2 person has submitted the necessary petitions by the required
3 deadline and is notified after the fifth day prior to the last
4 day for qualifying that the required number of signatures has
5 been obtained, shall be entitled to subscribe to the
6 candidate's oath and file the qualifying papers at any time
7 within 5 days from the date he or she is notified that the
8 necessary number of signatures has been obtained. Any person
9 other than a write-in candidate who qualifies within the time
10 prescribed in this subsection shall be entitled to have his or
11 her name printed on the ballot.
12 Section 22. Subsections (1) and (2) of section
13 105.041, Florida Statutes, are amended to read:
14 105.041 Form of ballot.--
15 (1) BALLOTS.--The names of candidates for nonpartisan
16 judicial office and candidates for the office of school board
17 member which appear on the ballot at the first primary
18 election must shall either be grouped together on a separate
19 portion of the ballot or on a separate ballot. The names of
20 candidates for election to nonpartisan judicial office and
21 candidates for the office of school board member which appear
22 on the ballot at the general election and the names of
23 justices and judges seeking retention to office must shall be
24 grouped together on a separate portion of the general election
25 ballot.
26 (2) LISTING OF CANDIDATES.--
27 (a) Except as provided in paragraph (b), the order of
28 nonpartisan offices appearing on the ballot shall be
29 determined by the Department of State. The names of candidates
30 for election to each nonpartisan office shall be listed in
31 alphabetical order. With respect to retention of justices and
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1 judges, the question "Shall Justice (or Judge) (name of
2 justice or judge) of the (name of the court) be retained in
3 office?" shall appear on the ballot in alphabetical order and
4 thereafter the words "Yes" and "No."
5 (b)1. The names of candidates for the office of
6 circuit judge shall be listed on the first primary election
7 ballot in the order determined by lot conducted by the
8 director of the Division of Elections of the Department of
9 State after the close of the qualifying period.
10 2. Candidates who have secured a position on the
11 general election ballot, after having survived elimination at
12 the first primary election, shall have their names listed in
13 the same order as on the first primary election ballot,
14 notwithstanding the elimination of any intervening names as a
15 result of the first primary election.
16 Section 23. Paragraph (b) of subsection (1) of section
17 105.051, Florida Statutes, is amended to read:
18 105.051 Determination of election or retention to
19 office.--
20 (1) ELECTION.--In circuits and counties holding
21 elections:
22 (b) If two or more candidates, neither of whom is a
23 write-in candidate, qualify for such an office, the names of
24 those candidates shall be placed on the ballot at the first
25 primary election. If any candidate for such office receives a
26 majority of the votes cast for such office in the first
27 primary election, the name of the candidate who receives such
28 majority shall not appear on any other ballot unless a
29 write-in candidate has qualified for such office. An unopposed
30 candidate shall be deemed to have voted for himself or herself
31 at the general election. If no candidate for such office
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1 receives a majority of the votes cast for such office in the
2 first primary election, the names of the two candidates
3 receiving the highest number of votes for such office shall be
4 placed on the general election ballot. If more than two
5 candidates receive an equal and highest number of votes, the
6 name of each candidate receiving an equal and highest number
7 of votes shall be placed on the general election ballot. In
8 any contest in which there is a tie for second place and the
9 candidate placing first did not receive a majority of the
10 votes cast for such office, the name of the candidate placing
11 first and the name of each candidate tying for second shall be
12 placed on the general election ballot.
13 Section 24. Paragraphs (a) and (b) of subsection (1)
14 of section 106.07, Florida Statutes, are amended to read:
15 106.07 Reports; certification and filing.--
16 (1) Each campaign treasurer designated by a candidate
17 or political committee pursuant to s. 106.021 shall file
18 regular reports of all contributions received, and all
19 expenditures made, by or on behalf of such candidate or
20 political committee. Reports shall be filed on the 10th day
21 following the end of each calendar quarter from the time the
22 campaign treasurer is appointed, except that, if the 10th day
23 following the end of a calendar quarter occurs on a Saturday,
24 Sunday, or legal holiday, the report shall be filed on the
25 next following day which is not a Saturday, Sunday, or legal
26 holiday. Quarterly reports shall include all contributions
27 received and expenditures made during the calendar quarter
28 which have not otherwise been reported pursuant to this
29 section.
30 (a) Except as provided in paragraph (b), following the
31 last day of qualifying for office, the reports shall be filed
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1 on the 32nd, 18th, and 4th days immediately preceding the
2 first primary and on the 46th, 32nd, 18th, and 4th days
3 immediately preceding the second primary and general election,
4 for a candidate who is opposed in seeking nomination or
5 election to any office, for a political committee, or for a
6 committee of continuous existence.
7 (b) Following the last day of qualifying for office,
8 any statewide candidate who has requested to receive
9 contributions from the Election Campaign Financing Trust Fund
10 or any statewide candidate in a race with a candidate who has
11 requested to receive contributions from the trust fund shall
12 file reports on the 4th, 11th, 18th, 25th, and 32nd days prior
13 to the first primary election and general elections, and on
14 the 4th, 11th, 18th, and 25th, 32nd, 39th, 46th, and 53rd days
15 prior to the general election second primary.
16 Section 25. Paragraph (c) of subsection (1) of section
17 106.08, Florida Statutes, is amended to read:
18 106.08 Contributions; limitations on.--
19 (1)
20 (c) The contribution limits of this subsection apply
21 to each election. For purposes of this subsection, the first
22 primary election, second primary, and general election are
23 separate elections so long as the candidate is not an
24 unopposed candidate as defined in s. 106.011(15). However,
25 for the purpose of contribution limits with respect to
26 candidates for retention as a justice or judge, there is only
27 one election, which is the general election. With respect to
28 candidates in a circuit holding an election for circuit judge
29 or in a county holding an election for county court judge,
30 there are only two elections, which are the first primary
31 election and general election.
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1 Section 26. Subsection (1) of section 106.29, Florida
2 Statutes, is amended to read:
3 106.29 Reports by political parties; restrictions on
4 contributions and expenditures; penalties.--
5 (1) The state executive committee and each county
6 executive committee of each political party regulated by
7 chapter 103 shall file regular reports of all contributions
8 received and all expenditures made by such committee. Such
9 reports shall contain the same information as do reports
10 required of candidates by s. 106.07 and shall be filed on the
11 10th day following the end of each calendar quarter, except
12 that, during the period from the last day for candidate
13 qualifying until the general election, such reports shall be
14 filed on the Friday immediately preceding both the first
15 primary election, the second primary election, and the general
16 election. Each state executive committee shall file the
17 original and one copy of its reports with the Division of
18 Elections. Each county executive committee shall file its
19 reports with the supervisor of elections in the county in
20 which such committee exists. Any state or county executive
21 committee failing to file a report on the designated due date
22 shall be subject to a fine as provided in subsection (3). No
23 separate fine shall be assessed for failure to file a copy of
24 any report required by this section.
25 Section 27. This act shall take effect January 1,
26 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bills 1268 and 1956
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4 The committee substitute combines two identical bills, Senate
Bills 1268 and 1956. There are no substantive differences
5 between the committee substitute and Senate Bills 1268 and
1956.
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