HB 1089

1
A bill to be entitled
2An act relating to vacancies in nomination; amending ss.
3100.101, 100.111, 100.141, F.S.; providing for special
4primary elections to fill vacancies in nomination;
5prescribing procedures with respect thereto; providing a
6procedure for filling a vacancy in nomination when one
7occurs later than a specified date or with respect to a
8candidate of a minor political party; providing for
9notice; amending s. 101.657, F.S.; correcting a cross-
10reference; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (5) is added to section 100.101,
15Florida Statutes, to read:
16     100.101  Special elections and special primary
17elections.--Except as provided in s. 100.111(2), a special
18election or special primary election shall be held in the
19following cases:
20     (5)  If a vacancy occurs in nomination.
21     Section 2.  Section 100.111, Florida Statutes, is amended
22to read:
23     100.111  Filling vacancy.--
24     (1)(a)  If any vacancy occurs in any office which is
25required to be filled pursuant to s. 1(f), Art. IV of the State
26Constitution and the remainder of the term of such office is 28
27months or longer, then at the next general election a person
28shall be elected to fill the unexpired portion of such term,
29commencing on the first Tuesday after the first Monday following
30such general election.
31     (b)  If such a vacancy occurs prior to the first day set by
32law for qualifying for election to office at such general
33election, any person seeking nomination or election to the
34unexpired portion of the term shall qualify within the time
35prescribed by law for qualifying for other offices to be filled
36by election at such general election.
37     (c)  If such a vacancy occurs prior to the primary election
38but on or after the first day set by law for qualifying, the
39Secretary of State shall set dates for qualifying for the
40unexpired portion of the term of such office. Any person seeking
41nomination or election to the unexpired portion of the term
42shall qualify within the time set by the Secretary of State. If
43time does not permit party nominations to be made in conjunction
44with the primary election, the Governor may call a special
45primary election to select party nominees for the unexpired
46portion of such term.
47     (2)(a)  If, in any state or county office required to be
48filled by election, a vacancy occurs during an election year by
49reason of the incumbent having qualified as a candidate for
50federal office pursuant to s. 99.061, no special election is
51required. Any person seeking nomination or election to the
52office so vacated shall qualify within the time prescribed by s.
5399.061 for qualifying for state or county offices to be filled
54by election.
55     (b)  If such a vacancy occurs in an election year other
56than the one immediately preceding expiration of the present
57term, the Secretary of State shall notify the supervisor of
58elections in each county served by the office that a vacancy has
59been created. Such notice shall be provided to the supervisor of
60elections not later than the close of the first day set for
61qualifying for state or county office. The supervisor shall
62provide public notice of the vacancy in any manner the Secretary
63of State deems appropriate.
64     (3)  Whenever there is a vacancy for which a special
65election is required pursuant to s. 100.101(1)-(4) s. 100.101,
66the Governor, after consultation with the Secretary of State,
67shall fix the dates of a special primary election and a special
68election. Nominees of political parties other than minor
69political parties shall be chosen under the primary laws of this
70state in the special primary election to become candidates in
71the special election. Prior to setting the special election
72dates, the Governor shall consider any upcoming elections in the
73jurisdiction where the special election will be held. The dates
74fixed by the Governor shall be specific days certain and shall
75not be established by the happening of a condition or stated in
76the alternative. The dates fixed shall provide a minimum of 2
77weeks between each election. If In the event a vacancy occurs in
78the office of state senator or member of the House of
79Representatives when the Legislature is in regular legislative
80session, the minimum times prescribed by this subsection may be
81waived upon concurrence of the Governor, the Speaker of the
82House of Representatives, and the President of the Senate. If a
83vacancy occurs in the office of state senator and no session of
84the Legislature is scheduled to be held prior to the next
85general election, the Governor may fix the dates for the special
86primary election and for the special election to coincide with
87the dates of the primary election and general election. If a
88vacancy in office occurs in any district in the state Senate or
89House of Representatives or in any congressional district, and
90no session of the Legislature, or session of Congress if the
91vacancy is in a congressional district, is scheduled to be held
92during the unexpired portion of the term, the Governor is not
93required to call a special election to fill such vacancy.
94     (a)  The dates for candidates to qualify in such special
95election or special primary election shall be fixed by the
96Department of State, and candidates shall qualify not later than
97noon of the last day so fixed. The dates fixed for qualifying
98shall allow a minimum of 14 days between the last day of
99qualifying and the special primary election.
100     (b)  The filing of campaign expense statements by
101candidates in such special elections or special primaries and by
102committees making contributions or expenditures to influence the
103results of such special primaries or special elections shall be
104not later than such dates as shall be fixed by the Department of
105State, and in fixing such dates the Department of State shall
106take into consideration and be governed by the practical time
107limitations.
108     (c)  The dates for a candidate to qualify by the petition
109process pursuant to s. 99.095 in such special primary or special
110election shall be fixed by the Department of State. In fixing
111such dates the Department of State shall take into consideration
112and be governed by the practical time limitations. Any candidate
113seeking to qualify by the petition process in a special primary
114election shall obtain 25 percent of the signatures required by
115s. 99.095.
116     (d)  The qualifying fees and party assessments of such
117candidates as may qualify shall be the same as collected for the
118same office at the last previous primary for that office. The
119party assessment shall be paid to the appropriate executive
120committee of the political party to which the candidate belongs.
121     (e)  Each county canvassing board shall make as speedy a
122return of the result of such special primary elections and
123special elections as time will permit, and the Elections
124Canvassing Commission likewise shall make as speedy a canvass
125and declaration of the nominees as time will permit.
126     (4)(a)  In the event that death, resignation, withdrawal,
127removal, or any other cause or event should cause a party to
128have a vacancy in nomination which leaves no candidate for an
129office from such party, the Governor shall, after conferring
130with the Secretary of State, call a special primary election to
131select for such office a nominee of such political party. The
132dates on which candidates may qualify for such special primary
133election shall be fixed by the Department of State, and the
134candidates must qualify no later than noon of the last day so
135fixed. The filing of campaign expense statements by candidates
136in special primaries shall be not later than such dates as are
137fixed by the Department of State. In fixing such dates, the
138Department of State shall take into consideration and be
139governed by the practical time limitations. The qualifying fees
140and party assessment of such candidates to qualify shall be the
141same as collected for the same office at the last previous
142primary for that office. Each county canvassing board shall make
143as speedy a return of the results of such primary as time
144permits, and the Elections Canvassing Commission shall likewise
145make as speedy a canvass and declaration of the nominees as time
146permits.
147     (b)  If the vacancy in nomination occurs later than
148September 15, or if the vacancy in nomination occurs with
149respect to a candidate of a minor political party that has
150obtained a position on the ballot, a special election will not
151be held and the Department of State shall notify the chair of
152the appropriate state, district, or county political party
153executive committee of such party; and, within 5 days, the chair
154shall call a meeting of his or her executive committee to
155consider designation of a nominee to fill the vacancy. The name
156of any person so designated shall be submitted to the Department
157of State within 7 days after notice to the chair in order that
158the person designated may have his or her name on the ballot of
159the ensuing general election. If the vacancy occurs less than 21
160days prior to the election, the person designated by the
161political party will replace the former party nominee even
162though name of the new nominee is submitted after the
163certification of results of the preceding primary election,
164however, the ballots shall not be changed and the former party
165nominee's name will appear on the ballot. Any ballots cast for
166the former party nominee will be counted for the person
167designated by the political party to replace the former party
168nominee. If there is no opposition to the party nominee, the
169person designated by the political party to replace the former
170party nominee will be elected to office at the general election.
171For purposes of this paragraph, the term "district political
172party executive committee" means the members of the state
173executive committee of a political party from those counties
174comprising the area involving a district office.
175     (c)(b)  When, under the circumstances set forth in the
176preceding paragraph, vacancies in nomination are required to be
177filled by committee nominations, such vacancies shall be filled
178by party rule. In any instance in which a nominee is selected by
179a committee to fill a vacancy in nomination, such nominee shall
180pay the same filing fee and take the same oath as the nominee
181would have taken had he or she regularly qualified for election
182to such office.
183     (d)(c)  Any person who, at the close of qualifying as
184prescribed in ss. 99.061 and 105.031, was qualified for
185nomination or election to or retention in a public office to be
186filled at the ensuing general election is prohibited from
187qualifying as a candidate to fill a vacancy in nomination for
188any other office to be filled at that general election, even if
189such person has withdrawn or been eliminated as a candidate for
190the original office sought. However, this paragraph does not
191apply to a candidate for the office of Lieutenant Governor who
192applies to fill a vacancy in nomination for the office of
193Governor on the same ticket or to a person who has withdrawn or
194been eliminated as a candidate and who is subsequently
195designated as a candidate for Lieutenant Governor under s.
19699.063.
197     (5)  In the event of unforeseeable circumstances not
198contemplated in these general election laws concerning the
199calling and holding of special primary elections and special
200elections resulting from court order or other unpredictable
201circumstances, the Department of State shall have the authority
202to provide for the conduct of orderly elections.
203     (6)  If a vacancy occurs that leaves fewer than 4 weeks for
204a candidate seeking to qualify by the petition process pursuant
205to s. 99.095 to gather signatures for ballot position, the
206number of signatures required for ballot placement shall be 25
207percent of the number of signatures required by s. 99.095.
208     Section 3.  Section 100.141, Florida Statutes, is amended
209to read:
210     100.141  Notice of special election to fill any vacancy in
211office or nomination.--
212     (1)  Whenever a special election is required to fill any
213vacancy in office or nomination, the Governor, after
214consultation with the Secretary of State, shall issue an order
215declaring on what day the election shall be held and deliver the
216order to the Department of State.
217     (2)  The Department of State shall prepare a notice stating
218what offices and vacancies are to be filled in the special
219election, the dates set for the special primary election and the
220special election, the dates fixed for qualifying for office, the
221dates fixed for qualifying by the petition process pursuant to
222s. 99.095, and the dates fixed for filing campaign expense
223statements.
224     (3)  The department shall deliver a copy of such notice to
225the supervisor of elections of each county in which the special
226election is to be held. The supervisor shall have the notice
227published two times in a newspaper of general circulation in the
228county at least 10 days prior to the first day set for
229qualifying for office. If such a newspaper is not published
230within the period set forth, the supervisor shall post at least
231five copies of the notice in conspicuous places in the county
232not less than 10 days prior to the first date set for
233qualifying.
234     Section 4.  Paragraph (d) of subsection (1) of section
235101.657, Florida Statutes, is amended to read:
236     101.657  Early voting.--
237     (1)
238     (d)  Early voting shall begin on the 15th day before an
239election and end on the 2nd day before an election. For purposes
240of a special election held pursuant to s. 100.101(1)-(4), early
241voting shall begin on the 8th day before an election and end on
242the 2nd day before an election. Early voting shall be provided
243for 8 hours per weekday and 8 hours in the aggregate each
244weekend at each site during the applicable periods. Early voting
245sites shall open no sooner than 7 a.m. and close no later than 7
246p.m. on each applicable day.
247     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.