HB 1189

1
A bill to be entitled
2An act relating to presidential preference primary
3elections; amending s. 103.101, F.S.; providing that a
4voter who has no party affiliation may vote in either the
5Republican or Democratic primary; requiring that the names
6of all the candidates in both the Republican and
7Democratic primaries be placed in a specified position on
8the ballot used by voters having no party affiliation;
9providing an exception; providing for the arrangement of
10the names of candidates on such ballots; authorizing each
11contest of a contested Republican or Democratic primary to
12be treated as a universal primary contest pursuant to the
13State Constitution for purposes of tabulating and
14reporting results; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (4) of section 103.101, Florida
19Statutes, is amended to read:
20     103.101  Presidential preference primary.--
21     (4)(a)  The names of candidates for political party
22nominations for President of the United States shall be printed
23on official ballots for the presidential preference primary
24election and shall be marked, counted, canvassed, returned, and
25proclaimed in the same manner and under the same conditions, so
26far as they are applicable, as in other state elections, except
27that a voter who has no party affiliation may vote in either the
28Republican or Democratic primary. If party rule requires the
29delegates' names to be printed on the official presidential
30preference primary ballot, the name of the presidential
31candidates for that political party may not be printed
32separately, but the ballot may reflect the presidential
33candidate to whom the delegate is pledged. If, however, a
34political party has only one presidential candidate, neither the
35name of the candidate nor the names of the candidate's delegates
36shall not be printed on the ballot.
37     (b)  Ballots for voters having no party affiliation shall
38contain the names of all the candidates in both the Republican
39and Democratic presidential preference primaries beneath the
40heading "PRESIDENT (Vote for One)," followed by any other races
41or issues on the ballot. The names of candidates shall be
42arranged alphabetically as to surname, together with an
43appropriate three-letter abbreviation of party name. However, if
44a political party has only one presidential candidate, the name
45of that candidate shall not be printed on the ballot. For
46purposes of tabulating and reporting results of a contested
47Republican or Democratic presidential preference primary, each
48race may be treated as a universal primary contest pursuant to
49s. 5(b), Art. VI of the State Constitution.
50     Section 2.  This act shall take effect January 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.