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; amending s. 101.75, |
5 | F.S.; authorizing municipalities to modify municipal |
6 | election dates by ordinance to coincide with the |
7 | presidential preference primary date; prescribing |
8 | requirements for candidate qualifying, to conform; |
9 | providing for terms of office of municipal officials; |
10 | providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsections (1), (2), (3), and (6) of section |
15 | 103.101, Florida Statutes, are amended to read: |
16 | 103.101 Presidential preference primary.-- |
17 | (1) Each political party other than a minor political |
18 | party shall, on the first second Tuesday in February March in |
19 | each year the number of which is a multiple of 4, or the first |
20 | Tuesday immediately following the New Hampshire presidential |
21 | preference primary, whichever occurs first, so long as that date |
22 | is no earlier than the second Tuesday in January of the year in |
23 | which the presidential preference primary will be held, elect |
24 | one person to be the candidate for nomination of such party for |
25 | President of the United States or select delegates to the |
26 | national nominating convention, as provided by party rule. |
27 | (2) There shall be a Presidential Candidate Selection |
28 | Committee composed of the Secretary of State, who shall be a |
29 | nonvoting chair; the Speaker of the House of Representatives; |
30 | the President of the Senate; the minority leader of each house |
31 | of the Legislature; and the chair of each political party |
32 | required to have a presidential preference primary under this |
33 | section. |
34 | (a) By October December 31 of the year preceding the |
35 | Florida presidential preference primary, each political party |
36 | shall submit to the Secretary of State a list of its |
37 | presidential candidates to be placed on the presidential |
38 | preference primary ballot or candidates entitled to have |
39 | delegates appear on the presidential preference primary ballot. |
40 | The Secretary of State shall prepare and publish a list of the |
41 | names of the presidential candidates submitted. The Secretary of |
42 | State shall submit such list of names of presidential candidates |
43 | to the selection committee on the first Tuesday after the first |
44 | Monday in November of the January each year preceding the a |
45 | presidential preference primary election is held. Each person |
46 | designated as a presidential candidate shall have his or her |
47 | name appear, or have his or her delegates' names appear, on the |
48 | presidential preference primary ballot unless all committee |
49 | members of the same political party as the candidate agree to |
50 | delete such candidate's name from the ballot. The selection |
51 | committee shall meet in Tallahassee on the first Tuesday after |
52 | the first Monday in November of the January each year preceding |
53 | the a presidential preference primary is held. The selection |
54 | committee shall publicly announce and submit to the Department |
55 | of State no later than 5 p.m. on the following day the names of |
56 | presidential candidates who shall have their names appear, or |
57 | who are entitled to have their delegates' names appear, on the |
58 | presidential preference primary ballot. The Department of State |
59 | shall immediately notify each presidential candidate designated |
60 | by the committee. Such notification shall be in writing, by |
61 | registered mail, with return receipt requested. |
62 | (b) Any presidential candidate whose name does not appear |
63 | on the list submitted to the Secretary of State may request that |
64 | the selection committee place his or her name on the ballot. |
65 | Such request shall be made in writing to the Secretary of State |
66 | no later than the second Tuesday after the first Monday in |
67 | November of the year preceding the presidential preference |
68 | primary January. |
69 | (c) If a presidential candidate makes a request that the |
70 | selection committee reconsider placing the candidate's name on |
71 | the ballot, the selection committee will reconvene no later than |
72 | the second Thursday after the first Monday in November of the |
73 | year preceding the presidential preference primary January to |
74 | reconsider placing the candidate's name on the ballot. The |
75 | Department of State shall immediately notify such candidate of |
76 | the selection committee's decision. |
77 | (3) A candidate's name shall be printed on the |
78 | presidential preference primary ballot unless the candidate |
79 | submits to the Department of State, prior to the second Tuesday |
80 | after the first Monday in November of the year preceding the |
81 | presidential preference primary January, an affidavit stating |
82 | that he or she is not now, and does not presently intend to |
83 | become, a candidate for President at the upcoming nominating |
84 | convention. If a candidate withdraws pursuant to this |
85 | subsection, the Department of State shall notify the state |
86 | executive committee that the candidate's name will not be placed |
87 | on the ballot. The Department of State shall, no later than the |
88 | third Tuesday after the first Monday in November of the year |
89 | preceding the presidential preference primary January, certify |
90 | to each supervisor of elections the name of each candidate for |
91 | political party nomination to be printed on the ballot. |
92 | (6) Delegates must qualify no later than the second Friday |
93 | in November of the year preceding the presidential preference |
94 | primary January in the manner provided by party rule. |
95 | Section 2. Subsection (3) is added to section 101.75, |
96 | Florida Statutes, to read: |
97 | 101.75 Municipal elections; change of dates for cause.-- |
98 | (3) Notwithstanding any provision of local law, for any |
99 | municipality in which an election is scheduled to be held in |
100 | March 2008, the governing body of the municipality, |
101 | notwithstanding any municipal charter provision, may, by |
102 | ordinance, move the date of the general municipal election in |
103 | 2008 and in each subsequent year that is a multiple of 4 to the |
104 | date during the respective year concurrent with the presidential |
105 | preference primary. The dates for qualifying for the general |
106 | municipal election moved by the passage of such an ordinance |
107 | shall be specifically provided for in the ordinance and shall |
108 | run for no less than 14 days. The term of office for any |
109 | municipal official elected in an election under this subsection |
110 | shall commence as provided by the relevant municipal charter, |
111 | and the term of office for any elected municipal official whose |
112 | term was due to expire in March 2008 shall expire as provided by |
113 | the relevant municipal charter. |
114 | Section 3. This act shall take effect July 1, 2007. |