Senate Bill sb1820

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    Florida Senate - 2007                                  SB 1820

    By Senator Aronberg





    27-726B-07

  1                      A bill to be entitled

  2         An act relating to election procedures for

  3         write-in candidates; amending s. 99.021, F.S.;

  4         requiring any person seeking election as a

  5         write-in candidate to state in writing his or

  6         her party affiliation; requiring a write-in

  7         candidate to state in writing that he or she

  8         has not been a registered member of any other

  9         political party during a specified period

10         preceding the date on which the candidate

11         subscribes to the required oath; amending ss.

12         99.061 and 99.095, F.S.; requiring write-in

13         candidates to pay a filing fee, an election

14         assessment, and a party assessment before a

15         certain deadline; requiring the deposit of

16         filing fees paid to the Department of State and

17         the supervisor of elections into the state and

18         county general revenue funds, respectively;

19         requiring write-in candidates to submit, before

20         a specified deadline, petitions containing a

21         specified number of signatures of voters

22         registered in the geographical area represented

23         by the office sought; amending s. 99.092, F.S.;

24         specifying an amount for the filing fee,

25         election assessment, and party assessment that

26         must be paid by a write-in candidate; amending

27         s. 101.151, F.S.; requiring the placement of a

28         blank space on the primary election ballot

29         under the heading for the office sought if all

30         party candidates for a particular office have

31         the same party affiliation and a write-in

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    Florida Senate - 2007                                  SB 1820
    27-726B-07




 1         candidate for the office shares that party

 2         affiliation; amending s. 103.121, F.S.;

 3         specifying an amount for the party assessment

 4         that must be paid by a write-in candidate who

 5         is registered as a member of a political party;

 6         providing an effective date.

 7  

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

 9  

10         Section 1.  Present paragraph (c) of subsection (1) of

11  section 99.021, Florida Statutes, is redesignated as paragraph

12  (d), and a new paragraph (c) is added to that subsection, to

13  read:

14         99.021  Form of candidate oath.--

15         (1)

16         (c)  In addition to the requirements set forth in

17  paragraph (a), any person seeking to qualify as a write-in

18  candidate shall, at the time of subscribing to the oath or

19  affirmation, state in writing:

20         1.  The party of which the person is a member. If the

21  person is not a member of any party, that person shall so

22  indicate by writing "no party affiliation."

23         2.  That the person has not been a registered member of

24  any other political party at any time during the 6 months

25  immediately preceding that date.

26         Section 2.  Subsection (3) of section 99.061, Florida

27  Statutes, is amended to read:

28         99.061  Method of qualifying for nomination or election

29  to federal, state, county, or district office.--

30         (3)(a)  Each person seeking to qualify for election to

31  office as a write-in candidate shall file his or her

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    Florida Senate - 2007                                  SB 1820
    27-726B-07




 1  qualification papers with, and pay the qualifying fee, which

 2  consists of the filing fee and election assessment, to the

 3  respective qualifying officer, or shall qualify by the

 4  petition process pursuant to s. 99.095, at any time after noon

 5  of the 1st day for qualifying, but not later than noon of the

 6  last day of the qualifying period for the office sought.

 7  Filing fees paid to the Department of State shall be deposited

 8  in the General Revenue Fund. Filing fees paid to the

 9  supervisor of elections shall be deposited in the general

10  revenue fund of the county.

11         (b)  Any person who is seeking election as a write-in

12  candidate shall not be required to pay a filing fee, election

13  assessment, or party assessment. A write-in candidate is shall

14  not be entitled to have his or her name printed on any ballot;

15  however, space for the write-in candidate's name to be written

16  in must shall be provided on the general election ballot. A No

17  person may not qualify as a write-in candidate if the person

18  has also otherwise qualified for nomination or election to

19  such office.

20         Section 3.  Subsection (1) of section 99.092, Florida

21  Statutes, is amended to read:

22         99.092  Qualifying fee of candidate; notification of

23  Department of State.--

24         (1)  Each person seeking to qualify for nomination or

25  election to any office, except a person seeking to qualify by

26  the petition process pursuant to s. 99.095 and except a person

27  seeking to qualify as a write-in candidate, shall pay a

28  qualifying fee, which shall consist of a filing fee and

29  election assessment, to the officer with whom the person

30  qualifies, and any party assessment levied, and shall attach

31  the original or signed duplicate of the receipt for his or her

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    Florida Senate - 2007                                  SB 1820
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 1  party assessment or pay the same, in accordance with the

 2  provisions of s. 103.121, at the time of filing his or her

 3  other qualifying papers. The amount of the filing fee is 3

 4  percent of the annual salary of the office; however, the

 5  filing fee for a write-in candidate is 0.5 percent of the

 6  annual salary of the office. The amount of the election

 7  assessment is 1 percent of the annual salary of the office;

 8  however, the election assessment for a write-in candidate is

 9  0.2 percent of the annual salary of the office sought. The

10  election assessment shall be deposited into the Elections

11  Commission Trust Fund. The amount of the party assessment is 2

12  percent of the annual salary; however, the party assessment

13  for a write-in candidate is 0.3 percent of the annual salary.

14  The annual salary of the office for purposes of computing the

15  filing fee, election assessment, and party assessment shall be

16  computed by multiplying 12 times the monthly salary, excluding

17  any special qualification pay, authorized for such office as

18  of July 1 immediately preceding the first day of qualifying.

19  No qualifying fee shall be returned to the candidate unless

20  the candidate withdraws his or her candidacy before the last

21  date to qualify. If a candidate dies prior to an election and

22  has not withdrawn his or her candidacy before the last date to

23  qualify, the candidate's qualifying fee shall be returned to

24  his or her designated beneficiary, and, if the filing fee or

25  any portion thereof has been transferred to the political

26  party of the candidate, the Secretary of State shall direct

27  the party to return that portion to the designated beneficiary

28  of the candidate.

29         Section 4.  Paragraph (a) of subsection (2) of section

30  99.095, Florida Statutes, is amended to read:

31  

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    Florida Senate - 2007                                  SB 1820
    27-726B-07




 1         99.095  Petition process in lieu of a qualifying fee

 2  and party assessment.--

 3         (2)(a)  A candidate must shall obtain the number of

 4  signatures of voters in the geographical area represented by

 5  the office sought equal to at least 1 percent of the total

 6  number of registered voters of that geographical area, as

 7  shown by the compilation by the department for the immediately

 8  last preceding general election; however, any person seeking

 9  election as a write-in candidate must obtain the number of

10  signatures of voters in the geographical area represented by

11  the office sought equal to at least 0.10 percent of the total

12  number of registered voters of that geographical area as shown

13  by the department's compilation for the immediately preceding

14  general election. Signatures may not be obtained until the

15  candidate has filed the appointment of campaign treasurer and

16  designation of campaign depository pursuant to s. 106.021.

17         Section 5.  Paragraph (a) of subsection (2) of section

18  101.151, Florida Statutes, is amended to read:

19         101.151  Specifications for ballots.--

20         (2)(a)  The ballot shall have headings under which

21  shall appear the names of the offices and the names of the

22  candidates for the respective offices in the following order:

23  the heading "President and Vice President" and thereunder the

24  names of the candidates for President and Vice President of

25  the United States nominated by the political party that

26  received the highest vote for Governor in the last general

27  election of the Governor in this state.  Then shall appear the

28  names of other candidates for President and Vice President of

29  the United States who have been properly nominated. Then shall

30  follow the heading "Congressional" and thereunder the offices

31  of United States Senator and Representative in Congress; then

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    Florida Senate - 2007                                  SB 1820
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 1  the heading "State" and thereunder the offices of Governor and

 2  Lieutenant Governor, Attorney General, Chief Financial

 3  Officer, Commissioner of Agriculture, state attorney, and

 4  public defender, together with the names of the candidates for

 5  each office and the title of the office which they seek; then

 6  the heading "Legislative" and thereunder the offices of state

 7  senator and state representative; then the heading "County"

 8  and thereunder clerk of the circuit court, clerk of the county

 9  court (when authorized by law), sheriff, property appraiser,

10  tax collector, district superintendent of schools, and

11  supervisor of elections. Thereafter follows: members of the

12  board of county commissioners, and such other county and

13  district offices as are involved in the election, in the order

14  fixed by the Department of State, followed, in the year of

15  their election, by "Party Offices," and thereunder the offices

16  of state and county party executive committee members.  In a

17  general election, in addition to the names printed on the

18  ballot, a blank space shall be provided under each heading for

19  an office for which a write-in candidate has qualified. With

20  respect to write-in candidates, if two or more candidates are

21  seeking election to one office, only one blank space shall be

22  provided. However, if all party candidates for a particular

23  office share the same party affiliation, and if a write-in

24  candidate for that office has the same party affiliation as

25  those party candidates, a blank space must be placed on the

26  primary ballot instead of the general election ballot. If two

27  or more write-in candidates seek election for an office and

28  each write-in candidate has the same party affiliation as all

29  party candidates for that office, only one blank space may be

30  provided on the primary ballot.

31  

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    Florida Senate - 2007                                  SB 1820
    27-726B-07




 1         Section 6.  Paragraph (b) of subsection (1) and

 2  subsection (5) of section 103.121, Florida Statutes, are

 3  amended to read:

 4         103.121  Powers and duties of executive committees.--

 5         (1)

 6         (b)  The county executive committee shall receive

 7  payment of assessments upon candidates to be voted for in a

 8  single county except state senators and members of the House

 9  of Representatives and representatives to the Congress of the

10  United States; and the state executive committees shall

11  receive all other assessments authorized. All party

12  assessments shall be 2 percent of the annual salary of the

13  office sought by the respective candidate; however, the party

14  assessment for a write-in candidate registered as a member of

15  a political party shall be 0.3 percent of the annual salary of

16  the office sought by the write-in candidate. All such

17  committee assessments shall be remitted to the state executive

18  committee of the appropriate party and distributed in

19  accordance with subsection (5).

20         (5)  The state chair of each state executive committee

21  shall return the 2-percent committee assessment for county

22  candidates to the appropriate county executive committees only

23  upon receipt of a written statement that such county executive

24  committee chooses not to endorse, certify, screen, or

25  otherwise recommend one or more candidates for such party's

26  nomination for election and upon the state chair's

27  determination that the county executive committee is in

28  compliance with all Florida statutes and all state party

29  rules, bylaws, constitutions, and requirements.

30         Section 7.  This act shall take effect July 1, 2007.

31  

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    Florida Senate - 2007                                  SB 1820
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires write-in candidates to make specified assertions
      in writing. Requires write-in candidates to pay a filing
 4    fee, an election assessment, and a party assessment
      before a certain deadline. Requires the deposit of filing
 5    fees paid to the Department of State and the supervisor
      of elections into the state and county general revenue
 6    funds, respectively. Requires write-in candidates to
      submit, before a specified deadline, petitions containing
 7    a number of signatures equal to one-tenth of 1 percent of
      the voters registered in the geographical area
 8    represented by the office sought. Specifies an amount for
      the filing fee, election assessment, and party assessment
 9    that must be paid by a write-in candidate. Requires the
      placement of a blank space on the primary election ballot
10    under the heading for the office sought if all party
      candidates for a particular office have the same party
11    affiliation and a write-in candidate for the office
      shares that party affiliation. Specifies an amount for
12    the party assessment that must be paid by a write-in
      candidate who is registered as a member of a political
13    party.

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