Senate Bill sb0286

    Florida Senate - 2005                                  SJR 286

    By Senator Aronberg





    27-30-05

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 5 of Article VI of the State

  4         Constitution to prescribe additional

  5         circumstances in which electors may vote in a

  6         primary election regardless of party

  7         affiliation.

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  9  Be It Resolved by the Legislature of the State of Florida:

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11         That the following amendment to Section 5 of Article VI

12  of the State Constitution is agreed to and shall be submitted

13  to the electors of this state for approval or rejection at the

14  next general election or at an earlier special election

15  specifically authorized by law for that purpose:

16                            ARTICLE VI

17                      SUFFRAGE AND ELECTIONS

18         SECTION 5.  Primary, general, and special elections.--

19         (a)  A general election shall be held in each county on

20  the first Tuesday after the first Monday in November of each

21  even-numbered year to choose a successor to each elective

22  state and county officer whose term will expire before the

23  next general election and, except as provided herein, to fill

24  each vacancy in elective office for the unexpired portion of

25  the term. A general election may be suspended or delayed due

26  to a state of emergency or impending emergency pursuant to

27  general law.  Special elections and referenda shall be held as

28  provided by law.

29         (b)  If all candidates for an office have the same

30  party affiliation and the winner will have either no

31  opposition in the general election or opposition only from a

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    Florida Senate - 2005                                  SJR 286
    27-30-05




 1  write-in candidate, then all qualified electors, regardless of

 2  party affiliation, may vote in the primary elections for that

 3  office.

 4         BE IT FURTHER RESOLVED that the following statement be

 5  placed on the ballot:

 6                     CONSTITUTIONAL AMENDMENT

 7                      ARTICLE VI, SECTION 5

 8         OPEN PRIMARY ELECTION; ADDITIONAL

 9  CIRCUMSTANCES.--Proposing an amendment to the State

10  Constitution that will permit all electors regardless of party

11  affiliation to vote in any primary election for an office, in

12  the same manner as currently permitted when the winner of the

13  primary will be unopposed in the general election, if the

14  winner of the primary will be opposed in the general election

15  by a write-in candidate only.

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