HB 1091

1	A bill to be entitled
2	An act relating to write-in candidates; amending s.
3	99.021, F.S.; providing additional requirements for
4	qualification as a write-in candidate relating to
5	disclosure of party affiliation; amending s. 99.061, F.S.;
6	requiring write-in candidates to pay filing fees and
7	election assessments for qualification; authorizing write-
8	in candidates to qualify by petition process; providing
9	for deposit of fees; amending s. 99.092, F.S.; specifying
10	the amount of qualifying fees required of write-in
11	candidates; amending s. 99.095, F.S.; providing for write-
12	in candidates to qualify by petition process; amending s.
13	101.151, F.S.; providing conditions under which blank
14	spaces for write-in candidates are placed on the primary
15	ballot; amending s. 103.121, F.S.; specifying the amount
16	of party assessments required of write-in candidates;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (c) of subsection (1) of section
22	99.021, Florida Statutes, is redesignated as paragraph (d), and
23	a new paragraph (c) is added to that subsection to read:
24	99.021  Form of candidate oath.--
25	(1)
26	(c)  In addition to the requirements set forth in paragraph
27	(a), any person seeking to qualify as a write-in candidate
28	shall, at the time of subscribing to the oath or affirmation,
29	state in writing:
30	1.  The party of which the person is a member. If the
31	person is not a member of any party, that person shall so
32	indicate by writing "no party affiliation".
33	2.  That the person has not been a registered member of any
34	other political party at any time during the 6 months
35	immediately preceding that date.
36	Section 2.  Subsection (3) of section 99.061, Florida
37	Statutes, is amended to read:
38	99.061  Method of qualifying for nomination or election to
39	federal, state, county, or district office.--
40	(3)(a)  Each person seeking to qualify for election to
41	office as a write-in candidate shall file his or her
42	qualification papers with, and pay the qualifying fee, which
43	shall consist of the filing fee and election assessment, to the
44	respective qualifying officer or qualify by the petition process
45	pursuant to s. 99.095, at any time after noon of the 1st day for
46	qualifying, but not later than noon of the last day of the
47	qualifying period for the office sought. Filing fees paid to the
48	Department of State shall be deposited in the General Revenue
49	Fund of the state. Filing fees paid to the supervisor of
50	elections shall be deposited into the general revenue fund of
51	the county.
52	(b)  Any person who is seeking election as a write-in
53	candidate shall not be required to pay a filing fee, election
54	assessment, or party assessment. A write-in candidate is shall
55	not be entitled to have his or her name printed on any ballot;
56	however, space for the write-in candidate's name to be written
57	in must shall be provided on the general election ballot. A No
58	person may not qualify as a write-in candidate if the person has
59	also otherwise qualified for nomination or election to such
60	office.
61	Section 3.  Subsection (1) of section 99.092, Florida
62	Statutes, is amended to read:
63	99.092  Qualifying fee of candidate; notification of
64	Department of State.--
65	(1)  Each person seeking to qualify for nomination or
66	election to any office, except a person seeking to qualify by
67	the petition process pursuant to s. 99.095 and except a person
68	seeking to qualify as a write-in candidate, shall pay a
69	qualifying fee, which shall consist of a filing fee and election
70	assessment, to the officer with whom the person qualifies, and
71	any party assessment levied, and shall attach the original or
72	signed duplicate of the receipt for his or her party assessment
73	or pay the same, in accordance with the provisions of s.
74	103.121, at the time of filing his or her other qualifying
75	papers. The amount of the filing fee is 3 percent of the annual
76	salary of the office; however, the filing fee for a write-in
77	candidate is 0.5 percent of the annual salary of the office. The
78	amount of the election assessment is 1 percent of the annual
79	salary of the office; however, the election assessment for a
80	write-in candidate is 0.2 percent of the annual salary of the
81	office sought. The election assessment shall be deposited into
82	the Elections Commission Trust Fund. The amount of the party
83	assessment is 2 percent of the annual salary; however, the party
84	assessment for a write-in candidate is 0.3 percent of the annual
85	salary. The annual salary of the office for purposes of
86	computing the filing fee, election assessment, and party
87	assessment shall be computed by multiplying 12 times the monthly
88	salary, excluding any special qualification pay, authorized for
89	such office as of July 1 immediately preceding the first day of
90	qualifying. No qualifying fee shall be returned to the candidate
91	unless the candidate withdraws his or her candidacy before the
92	last date to qualify. If a candidate dies prior to an election
93	and has not withdrawn his or her candidacy before the last date
94	to qualify, the candidate's qualifying fee shall be returned to
95	his or her designated beneficiary, and, if the filing fee or any
96	portion thereof has been transferred to the political party of
97	the candidate, the Secretary of State shall direct the party to
98	return that portion to the designated beneficiary of the
99	candidate.
100	Section 4.  Paragraph (a) of subsection (2) of section
101	99.095, Florida Statutes, is amended to read:
102	99.095  Petition process in lieu of a qualifying fee and
103	party assessment.--
104	(2)(a)  A candidate shall obtain the number of signatures
105	of voters in the geographical area represented by the office
106	sought equal to at least 1 percent of the total number of
107	registered voters of that geographical area, as shown by the
108	compilation by the department for the last preceding general
109	election; however, any person seeking election as a write-in
110	candidate shall obtain the number of signatures of voters in the
111	geographical area represented by the office sought equal to at
112	least 0.1 percent of the total number of registered voters of
113	that geographical area as shown by the compilation by the
114	department for the last preceding general election. Signatures
115	may not be obtained until the candidate has filed the
116	appointment of campaign treasurer and designation of campaign
117	depository pursuant to s. 106.021.
118	Section 5.  Paragraph (a) of subsection (2) of section
119	101.151, Florida Statutes, is amended to read:
120	101.151  Specifications for ballots.--
121	(2)(a)  The ballot shall have headings under which shall
122	appear the names of the offices and the names of the candidates
123	for the respective offices in the following order: the heading
124	"President and Vice President" and thereunder the names of the
125	candidates for President and Vice President of the United States
126	nominated by the political party that received the highest vote
127	for Governor in the last general election of the Governor in
128	this state. Then shall appear the names of other candidates for
129	President and Vice President of the United States who have been
130	properly nominated. Then shall follow the heading
131	"Congressional" and thereunder the offices of United States
132	Senator and Representative in Congress; then the heading "State"
133	and thereunder the offices of Governor and Lieutenant Governor,
134	Attorney General, Chief Financial Officer, Commissioner of
135	Agriculture, state attorney, and public defender, together with
136	the names of the candidates for each office and the title of the
137	office which they seek; then the heading "Legislative" and
138	thereunder the offices of state senator and state
139	representative; then the heading "County" and thereunder clerk
140	of the circuit court, clerk of the county court (when authorized
141	by law), sheriff, property appraiser, tax collector, district
142	superintendent of schools, and supervisor of elections.
143	Thereafter follows: members of the board of county
144	commissioners, and such other county and district offices as are
145	involved in the election, in the order fixed by the Department
146	of State, followed, in the year of their election, by "Party
147	Offices," and thereunder the offices of state and county party
148	executive committee members. In a general election, in addition
149	to the names printed on the ballot, a blank space shall be
150	provided under each heading for an office for which a write-in
151	candidate has qualified. With respect to write-in candidates, if
152	two or more candidates are seeking election to one office, only
153	one blank space shall be provided. However, if all party
154	candidates for an office share the same party affiliation, and
155	if a write-in candidate for that office has the same party
156	affiliation as those party candidates, a blank space must be
157	placed on the primary ballot instead of the general election
158	ballot. If two or more write-in candidates seek election for an
159	office and each write-in candidate has the same party
160	affiliation as all party candidates for that office, only one
161	blank space may be provided on the primary ballot.
162	Section 6.  Paragraph (b) of subsection (1) and subsection
163	(5) of section 103.121, Florida Statutes, are amended to read:
164	103.121  Powers and duties of executive committees.--
165	(1)
166	(b)  The county executive committee shall receive payment
167	of assessments upon candidates to be voted for in a single
168	county except state senators and members of the House of
169	Representatives and representatives to the Congress of the
170	United States; and the state executive committees shall receive
171	all other assessments authorized. All party assessments shall be
172	2 percent of the annual salary of the office sought by the
173	respective candidate; however, the party assessment for a write-
174	in candidate registered as a member of a political party shall
175	be 0.3 percent of the annual salary of the office sought by the
176	write-in candidate. All such committee assessments shall be
177	remitted to the state executive committee of the appropriate
178	party and distributed in accordance with subsection (5).
179	(5)  The state chair of each state executive committee
180	shall return the 2-percent committee assessment for county
181	candidates to the appropriate county executive committees only
182	upon receipt of a written statement that such county executive
183	committee chooses not to endorse, certify, screen, or otherwise
184	recommend one or more candidates for such party's nomination for
185	election and upon the state chair's determination that the
186	county executive committee is in compliance with all Florida
187	statutes and all state party rules, bylaws, constitutions, and
188	requirements.
189	Section 7.  This act shall take effect July 1, 2007.

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