Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2086
Barcode 445298
CHAMBER ACTION
Senate House
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11 Senator Posey moved the following amendment:
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13 Senate Amendment
14 On page 49, line 14, through
15 page 51, line 22, delete those lines
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17 and insert: a party to have a vacancy in nomination which
18 leaves no candidate for an office from such party, the
19 Governor shall, after conferring with the Secretary of State,
20 call a special primary election and, if necessary, a second
21 special primary election to select for such office a nominee
22 of such political party. The dates on which candidates may
23 qualify for such special primary election shall be fixed by
24 the Department of State, and the candidates shall qualify no
25 later than noon of the last day so fixed. The filing of
26 campaign expense statements by candidates in special primaries
27 shall not be later than such dates as shall be fixed by the
28 Department of State. In fixing such dates, the Department of
29 State shall take into consideration and be governed by the
30 practical time limitations. The qualifying fees and party
31 assessment of such candidates as may qualify shall be the same
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2086
Barcode 445298
1 as collected for the same office at the last previous primary
2 for that office. Each county canvassing board shall make as
3 speedy a return of the results of such primaries as time will
4 permit, and the Elections Canvassing Commission shall likewise
5 make as speedy a canvass and declaration of the nominees as
6 time will permit.
7 (b) If the vacancy in nomination occurs later than
8 September 15, or if the vacancy in nomination occurs with
9 respect to a candidate of a minor political party which has
10 obtained a position on the ballot, no special primary election
11 shall be held and the Department of State shall notify the
12 chair of the appropriate state, district, or county political
13 party executive committee of such party; and, within 5 7 days,
14 the chair shall call a meeting of his or her executive
15 committee to consider designation of a nominee to fill the
16 vacancy. The name of any person so designated shall be
17 submitted to the Department of State within 7 14 days after of
18 notice to the chair in order that the person designated may
19 have his or her name printed or otherwise placed on the ballot
20 of the ensuing general election, but in no event shall the
21 supervisor of elections be required to place on a ballot a
22 name submitted less than 21 days prior to the election. If the
23 name of the new nominee is submitted after the certification
24 of results of the preceding primary election, however, the
25 ballots shall not be changed and vacancy occurs less than 21
26 days prior to the election, the person designated by the
27 political party will replace the former party nominee even
28 though the former party nominee's name will appear be on the
29 ballot. Any ballots cast for the former party nominee will be
30 counted for the person designated by the political party to
31 replace the former party nominee. If there is no opposition to
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 2086
Barcode 445298
1 the party nominee, the person designated by the political
2 party to replace the former party nominee will be elected to
3 office at the general election. For purposes of this
4 paragraph, the term "district political party executive
5 committee" means the members of the state executive committee
6 of a political party from those counties comprising the area
7 involving a district office.
8 (b)(c) When, under the circumstances set forth in the
9 preceding paragraph, vacancies in nomination are required to
10 be filled by committee nominations, such vacancies shall be
11 filled by party rule. In any instance in which a nominee is
12 selected by a committee to fill a vacancy in nomination, such
13 nominee shall pay the same filing fee and take the same oath
14 as the nominee would have taken had he or she regularly
15 qualified for election to such office.
16 (c)(d) Any person who, at the close of qualifying as
17 prescribed in ss. 99.061 and 105.031, was qualified for
18 nomination or election to or retention in a public office to
19 be filled at the ensuing general election is prohibited from
20 qualifying as a candidate to fill a vacancy in nomination for
21 any other office to be filled at that general election, even
22 if such person has withdrawn or been eliminated as a candidate
23 for the original office sought. However, this paragraph does
24 not apply to a candidate for the office of Lieutenant Governor
25 who applies to fill a vacancy in nomination for the office of
26 Governor on the same ticket or to a person who has withdrawn
27 or been eliminated as a candidate and who is subsequently
28 designated as a candidate for Lieutenant Governor under s.
29 99.063.
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