Senate Bill sb1820c1

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    Florida Senate - 2007                           CS for SB 1820

    By the Committee on Ethics and Elections; and Senator Aronberg





    582-2614-07

  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. 103.121, F.S.; specifying an amount for the

28         party assessment that must be paid by a

29         write-in candidate who is registered as a

30         member of a political party; providing an

31         effective date.

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    Florida Senate - 2007                           CS for SB 1820
    582-2614-07




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

 2  

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

 4  section 99.021, Florida Statutes, is redesignated as paragraph

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

 6  read:

 7         99.021  Form of candidate oath.--

 8         (1)

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

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

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

12  affirmation, state in writing:

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

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

15  indicate by writing "no party affiliation."

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

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

18  immediately preceding that date.

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

20  Statutes, is amended to read:

21         99.061  Method of qualifying for nomination or election

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

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

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

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

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

27  respective qualifying officer, or shall qualify by the

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

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

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

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

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    Florida Senate - 2007                           CS for SB 1820
    582-2614-07




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

 2  supervisor of elections shall be deposited in the general

 3  revenue fund of the county.

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

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

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

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

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

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

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

11  has also otherwise qualified for nomination or election to

12  such office.

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

14  Statutes, is amended to read:

15         99.092  Qualifying fee of candidate; notification of

16  Department of State.--

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

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

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

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

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

22  election assessment, to the officer with whom the person

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

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

25  party assessment or pay the same, in accordance with the

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

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

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

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

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

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

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    Florida Senate - 2007                           CS for SB 1820
    582-2614-07




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

 2  0.2 percent of the annual salary of the office sought. The

 3  election assessment shall be deposited into the Elections

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

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

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

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

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

 9  computed by multiplying 12 times the monthly salary, excluding

10  any special qualification pay, authorized for such office as

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

12  No qualifying fee shall be returned to the candidate unless

13  the candidate withdraws his or her candidacy before the last

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

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

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

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

18  any portion thereof has been transferred to the political

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

20  the party to return that portion to the designated beneficiary

21  of the candidate.

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

23  99.095, Florida Statutes, is amended to read:

24         99.095  Petition process in lieu of a qualifying fee

25  and party assessment.--

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

27  signatures of voters in the geographical area represented by

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

29  number of registered voters of that geographical area, as

30  shown by the compilation by the department for the immediately

31  last preceding general election; however, any person seeking

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    Florida Senate - 2007                           CS for SB 1820
    582-2614-07




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

 2  signatures of voters in the geographical area represented by

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

 4  number of registered voters of that geographical area as shown

 5  by the department's compilation for the immediately preceding

 6  general election. Signatures may not be obtained until the

 7  candidate has filed the appointment of campaign treasurer and

 8  designation of campaign depository pursuant to s. 106.021.

 9         Section 5.  Paragraph (b) of subsection (1) and

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

11  amended to read:

12         103.121  Powers and duties of executive committees.--

13         (1)

14         (b)  The county executive committee shall receive

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

16  single county except state senators and members of the House

17  of Representatives and representatives to the Congress of the

18  United States; and the state executive committees shall

19  receive all other assessments authorized. All party

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

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

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

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

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

25  committee assessments shall be remitted to the state executive

26  committee of the appropriate party and distributed in

27  accordance with subsection (5).

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

29  shall return the 2-percent committee assessment for county

30  candidates to the appropriate county executive committees only

31  upon receipt of a written statement that such county executive

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    Florida Senate - 2007                           CS for SB 1820
    582-2614-07




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

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

 3  nomination for election and upon the state chair's

 4  determination that the county executive committee is in

 5  compliance with all Florida statutes and all state party

 6  rules, bylaws, constitutions, and requirements.

 7         Section 6.  This act shall take effect July 1, 2007.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1820

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12  The committee substitute differs from the original bill in
    that it:  deletes a provision that moved some write-in
13  candidates to the primary election ballot instead of the
    general election ballot.
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