Senate Bill sb1336

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    Florida Senate - 2007                                  SB 1336

    By Senator Aronberg





    27-360-07

  1                      A bill to be entitled

  2         An act relating to elections; amending ss.

  3         100.101, 100.111, 100.141, F.S.; providing for

  4         special primary elections to fill vacancies in

  5         nomination; prescribing procedures with respect

  6         thereto; providing a procedure for filling a

  7         vacancy in nomination when one occurs later

  8         than a specified date or with respect to a

  9         candidate of a minor political party; providing

10         for notice; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (5) is added to section 100.101,

15  Florida Statutes, to read:

16         100.101  Special elections and special primary

17  elections.--Except as provided in s. 100.111(2), a special

18  election or special primary election shall be held in the

19  following cases:

20         (5)  If a vacancy occurs in nomination.

21         Section 2.  Section 100.111, Florida Statutes, is

22  amended to read:

23         100.111  Filling vacancy.--

24         (1)(a)  If any vacancy occurs in any office which is

25  required to be filled pursuant to s. 1(f), Art. IV of the

26  State Constitution and the remainder of the term of such

27  office is 28 months or longer, then at the next general

28  election a person shall be elected to fill the unexpired

29  portion of such term, commencing on the first Tuesday after

30  the first Monday following such general election.

31  

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    Florida Senate - 2007                                  SB 1336
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 1         (b)  If such a vacancy occurs prior to the first day

 2  set by law for qualifying for election to office at such

 3  general election, any person seeking nomination or election to

 4  the unexpired portion of the term shall qualify within the

 5  time prescribed by law for qualifying for other offices to be

 6  filled by election at such general election.

 7         (c)  If such a vacancy occurs prior to the primary

 8  election but on or after the first day set by law for

 9  qualifying, the Secretary of State shall set dates for

10  qualifying for the unexpired portion of the term of such

11  office. Any person seeking nomination or election to the

12  unexpired portion of the term shall qualify within the time

13  set by the Secretary of State. If time does not permit party

14  nominations to be made in conjunction with the primary

15  election, the Governor may call a special primary election to

16  select party nominees for the unexpired portion of such term.

17         (2)(a)  If, in any state or county office required to

18  be filled by election, a vacancy occurs during an election

19  year by reason of the incumbent having qualified as a

20  candidate for federal office pursuant to s. 99.061, no special

21  election is required. Any person seeking nomination or

22  election to the office so vacated shall qualify within the

23  time prescribed by s. 99.061 for qualifying for state or

24  county offices to be filled by election.

25         (b)  If such a vacancy occurs in an election year other

26  than the one immediately preceding expiration of the present

27  term, the Secretary of State shall notify the supervisor of

28  elections in each county served by the office that a vacancy

29  has been created. Such notice shall be provided to the

30  supervisor of elections not later than the close of the first

31  day set for qualifying for state or county office. The

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    Florida Senate - 2007                                  SB 1336
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 1  supervisor shall provide public notice of the vacancy in any

 2  manner the Secretary of State deems appropriate.

 3         (3)  Whenever there is a vacancy for which a special

 4  election is required pursuant to s. 100.101(1)-(4) s. 100.101,

 5  the Governor, after consultation with the Secretary of State,

 6  shall fix the dates of a special primary election and a

 7  special election. Nominees of political parties other than

 8  minor political parties shall be chosen under the primary laws

 9  of this state in the special primary election to become

10  candidates in the special election. Prior to setting the

11  special election dates, the Governor shall consider any

12  upcoming elections in the jurisdiction where the special

13  election will be held. The dates fixed by the Governor shall

14  be specific days certain and shall not be established by the

15  happening of a condition or stated in the alternative. The

16  dates fixed shall provide a minimum of 2 weeks between each

17  election. If In the event a vacancy occurs in the office of

18  state senator or member of the House of Representatives when

19  the Legislature is in regular legislative session, the minimum

20  times prescribed by this subsection may be waived upon

21  concurrence of the Governor, the Speaker of the House of

22  Representatives, and the President of the Senate. If a vacancy

23  occurs in the office of state senator and no session of the

24  Legislature is scheduled to be held prior to the next general

25  election, the Governor may fix the dates for the special

26  primary election and for the special election to coincide with

27  the dates of the primary election and general election. If a

28  vacancy in office occurs in any district in the state Senate

29  or House of Representatives or in any congressional district,

30  and no session of the Legislature, or session of Congress if

31  the vacancy is in a congressional district, is scheduled to be

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    Florida Senate - 2007                                  SB 1336
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 1  held during the unexpired portion of the term, the Governor is

 2  not required to call a special election to fill such vacancy.

 3         (a)  The dates for candidates to qualify in such

 4  special election or special primary election shall be fixed by

 5  the Department of State, and candidates shall qualify not

 6  later than noon of the last day so fixed. The dates fixed for

 7  qualifying shall allow a minimum of 14 days between the last

 8  day of qualifying and the special primary election.

 9         (b)  The filing of campaign expense statements by

10  candidates in such special elections or special primaries and

11  by committees making contributions or expenditures to

12  influence the results of such special primaries or special

13  elections shall be not later than such dates as shall be fixed

14  by the Department of State, and in fixing such dates the

15  Department of State shall take into consideration and be

16  governed by the practical time limitations.

17         (c)  The dates for a candidate to qualify by the

18  petition process pursuant to s. 99.095 in such special primary

19  or special election shall be fixed by the Department of State.

20  In fixing such dates the Department of State shall take into

21  consideration and be governed by the practical time

22  limitations. Any candidate seeking to qualify by the petition

23  process in a special primary election shall obtain 25 percent

24  of the signatures required by s. 99.095.

25         (d)  The qualifying fees and party assessments of such

26  candidates as may qualify shall be the same as collected for

27  the same office at the last previous primary for that office.

28  The party assessment shall be paid to the appropriate

29  executive committee of the political party to which the

30  candidate belongs.

31  

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    Florida Senate - 2007                                  SB 1336
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 1         (e)  Each county canvassing board shall make as speedy

 2  a return of the result of such special primary elections and

 3  special elections as time will permit, and the Elections

 4  Canvassing Commission likewise shall make as speedy a canvass

 5  and declaration of the nominees as time will permit.

 6         (4)(a)  In the event that death, resignation,

 7  withdrawal, removal, or any other cause or event should cause

 8  a party to have a vacancy in nomination which leaves no

 9  candidate for an office from such party, the Governor shall,

10  after conferring with the Secretary of State, call a special

11  primary election to select for such office a nominee of such

12  political party. The dates on which candidates may qualify for

13  such special primary election shall be fixed by the Department

14  of State, and the candidates must qualify no later than noon

15  of the last day so fixed. The filing of campaign expense

16  statements by candidates in special primaries shall be not

17  later than such dates as are fixed by the Department of State.

18  In fixing such dates, the Department of State shall take into

19  consideration and be governed by the practical time

20  limitations. The qualifying fees and party assessment of such

21  candidates as qualify shall be the same as collected for the

22  same office at the last previous primary for that office. Each

23  county canvassing board shall make as speedy a return of the

24  results of such primary as time permits, and the Elections

25  Canvassing Commission shall likewise make as speedy a canvass

26  and declaration of the nominees as time permits.

27         (b)  If the vacancy in nomination occurs later than

28  September 15, or if the vacancy in nomination occurs with

29  respect to a candidate of a minor political party that has

30  obtained a position on the ballot, a special election will not

31  be held and the Department of State shall notify the chair of

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    Florida Senate - 2007                                  SB 1336
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 1  the appropriate state, district, or county political party

 2  executive committee of such party; and, within 5 days, the

 3  chair shall call a meeting of his or her executive committee

 4  to consider designation of a nominee to fill the vacancy. The

 5  name of any person so designated shall be submitted to the

 6  Department of State within 7 days after notice to the chair in

 7  order that the person designated may have his or her name on

 8  the ballot of the ensuing general election. If the vacancy

 9  occurs less than 21 days prior to the election, the person

10  designated by the political party will replace the former

11  party nominee even though name of the new nominee is submitted

12  after the certification of results of the preceding primary

13  election, however, the ballots shall not be changed and the

14  former party nominee's name will appear on the ballot. Any

15  ballots cast for the former party nominee will be counted for

16  the person designated by the political party to replace the

17  former party nominee. If there is no opposition to the party

18  nominee, the person designated by the political party to

19  replace the former party nominee will be elected to office at

20  the general election. For purposes of this paragraph, the term

21  "district political party executive committee" means the

22  members of the state executive committee of a political party

23  from those counties comprising the area involving a district

24  office.

25         (c)(b)  When, under the circumstances set forth in the

26  preceding paragraph, vacancies in nomination are required to

27  be filled by committee nominations, such vacancies shall be

28  filled by party rule. In any instance in which a nominee is

29  selected by a committee to fill a vacancy in nomination, such

30  nominee shall pay the same filing fee and take the same oath

31  

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    Florida Senate - 2007                                  SB 1336
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 1  as the nominee would have taken had he or she regularly

 2  qualified for election to such office.

 3         (d)(c)  Any person who, at the close of qualifying as

 4  prescribed in ss. 99.061 and 105.031, was qualified for

 5  nomination or election to or retention in a public office to

 6  be filled at the ensuing general election is prohibited from

 7  qualifying as a candidate to fill a vacancy in nomination for

 8  any other office to be filled at that general election, even

 9  if such person has withdrawn or been eliminated as a candidate

10  for the original office sought. However, this paragraph does

11  not apply to a candidate for the office of Lieutenant Governor

12  who applies to fill a vacancy in nomination for the office of

13  Governor on the same ticket or to a person who has withdrawn

14  or been eliminated as a candidate and who is subsequently

15  designated as a candidate for Lieutenant Governor under s.

16  99.063.

17         (5)  In the event of unforeseeable circumstances not

18  contemplated in these general election laws concerning the

19  calling and holding of special primary elections and special

20  elections resulting from court order or other unpredictable

21  circumstances, the Department of State shall have the

22  authority to provide for the conduct of orderly elections.

23         (6)  If a vacancy occurs which leaves less than 4 weeks

24  for a candidate seeking to qualify by the petition process

25  pursuant to s. 99.095 to gather signatures for ballot

26  position, the number of signatures required for ballot

27  placement shall be 25 percent of the number of signatures

28  required by s. 99.095.

29         Section 3.  Section 100.141, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 1336
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 1         100.141  Notice of special election to fill any vacancy

 2  in office or nomination.--

 3         (1)  Whenever a special election is required to fill

 4  any vacancy in office or nomination, the Governor, after

 5  consultation with the Secretary of State, shall issue an order

 6  declaring on what day the election shall be held and deliver

 7  the order to the Department of State.

 8         (2)  The Department of State shall prepare a notice

 9  stating what offices and vacancies are to be filled in the

10  special election, the dates set for the special primary

11  election and the special election, the dates fixed for

12  qualifying for office, the dates fixed for qualifying by the

13  petition process pursuant to s. 99.095, and the dates fixed

14  for filing campaign expense statements.

15         (3)  The department shall deliver a copy of such notice

16  to the supervisor of elections of each county in which the

17  special election is to be held. The supervisor shall have the

18  notice published two times in a newspaper of general

19  circulation in the county at least 10 days prior to the first

20  day set for qualifying for office. If such a newspaper is not

21  published within the period set forth, the supervisor shall

22  post at least five copies of the notice in conspicuous places

23  in the county not less than 10 days prior to the first date

24  set for qualifying.

25         Section 4.  This act shall take effect upon becoming a

26  law.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Reinstates the practice of filling a vacancy in
      nomination by a special election.
31  

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