| 1 | A bill to be entitled |
| 2 | An act relating to the presidential preference primary; |
| 3 | amending s. 103.101, F.S.; revising the dates relating to |
| 4 | the presidential preference primary; providing an |
| 5 | effective date. |
| 6 |
|
| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
|
| 9 | Section 1. Subsections (1), (2), (3), and (6) of section |
| 10 | 103.101, Florida Statutes, are amended to read: |
| 11 | 103.101 Presidential preference primary.-- |
| 12 | (1) Each political party other than a minor political |
| 13 | party shall, on the first second Tuesday in February March in |
| 14 | each year the number of which is a multiple of 4, or the first |
| 15 | Tuesday immediately following the New Hampshire presidential |
| 16 | preference primary, whichever occurs first, so long as that date |
| 17 | is no earlier than the second Tuesday in January of the year in |
| 18 | which the presidential preference primary will be held, elect |
| 19 | one person to be the candidate for nomination of such party for |
| 20 | President of the United States or select delegates to the |
| 21 | national nominating convention, as provided by party rule. |
| 22 | (2) There shall be a Presidential Candidate Selection |
| 23 | Committee composed of the Secretary of State, who shall be a |
| 24 | nonvoting chair; the Speaker of the House of Representatives; |
| 25 | the President of the Senate; the minority leader of each house |
| 26 | of the Legislature; and the chair of each political party |
| 27 | required to have a presidential preference primary under this |
| 28 | section. |
| 29 | (a) By October December 31 of the year preceding the |
| 30 | Florida presidential preference primary, each political party |
| 31 | shall submit to the Secretary of State a list of its |
| 32 | presidential candidates to be placed on the presidential |
| 33 | preference primary ballot or candidates entitled to have |
| 34 | delegates appear on the presidential preference primary ballot. |
| 35 | The Secretary of State shall prepare and publish a list of the |
| 36 | names of the presidential candidates submitted. The Secretary of |
| 37 | State shall submit such list of names of presidential candidates |
| 38 | to the selection committee on the first Tuesday after the first |
| 39 | Monday in November of the January each year preceding the a |
| 40 | presidential preference primary election is held. Each person |
| 41 | designated as a presidential candidate shall have his or her |
| 42 | name appear, or have his or her delegates' names appear, on the |
| 43 | presidential preference primary ballot unless all committee |
| 44 | members of the same political party as the candidate agree to |
| 45 | delete such candidate's name from the ballot. The selection |
| 46 | committee shall meet in Tallahassee on the first Tuesday after |
| 47 | the first Monday in November of the January each year preceding |
| 48 | the a presidential preference primary is held. The selection |
| 49 | committee shall publicly announce and submit to the Department |
| 50 | of State no later than 5 p.m. on the following day the names of |
| 51 | presidential candidates who shall have their names appear, or |
| 52 | who are entitled to have their delegates' names appear, on the |
| 53 | presidential preference primary ballot. The Department of State |
| 54 | shall immediately notify each presidential candidate designated |
| 55 | by the committee. Such notification shall be in writing, by |
| 56 | registered mail, with return receipt requested. |
| 57 | (b) Any presidential candidate whose name does not appear |
| 58 | on the list submitted to the Secretary of State may request that |
| 59 | the selection committee place his or her name on the ballot. |
| 60 | Such request shall be made in writing to the Secretary of State |
| 61 | no later than the second Tuesday after the first Monday in |
| 62 | November of the year preceding the presidential preference |
| 63 | primary January. |
| 64 | (c) If a presidential candidate makes a request that the |
| 65 | selection committee reconsider placing the candidate's name on |
| 66 | the ballot, the selection committee will reconvene no later than |
| 67 | the second Thursday after the first Monday in November of the |
| 68 | year preceding the presidential preference primary January to |
| 69 | reconsider placing the candidate's name on the ballot. The |
| 70 | Department of State shall immediately notify such candidate of |
| 71 | the selection committee's decision. |
| 72 | (3) A candidate's name shall be printed on the |
| 73 | presidential preference primary ballot unless the candidate |
| 74 | submits to the Department of State, prior to the second Tuesday |
| 75 | after the first Monday in November of the year preceding the |
| 76 | presidential preference primary January, an affidavit stating |
| 77 | that he or she is not now, and does not presently intend to |
| 78 | become, a candidate for President at the upcoming nominating |
| 79 | convention. If a candidate withdraws pursuant to this |
| 80 | subsection, the Department of State shall notify the state |
| 81 | executive committee that the candidate's name will not be placed |
| 82 | on the ballot. The Department of State shall, no later than the |
| 83 | third Tuesday after the first Monday in November of the year |
| 84 | preceding the presidential preference primary January, certify |
| 85 | to each supervisor of elections the name of each candidate for |
| 86 | political party nomination to be printed on the ballot. |
| 87 | (6) Delegates must qualify no later than the second Friday |
| 88 | in November of the year preceding the presidential preference |
| 89 | primary January in the manner provided by party rule. |
| 90 | Section 2. This act shall take effect July 1, 2007. |