Florida Senate - 2008 SJR 2776
By Senator Dockery
15-02951B-08 20082776__
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Senate Joint Resolution
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A joint resolution proposing an amendment to Section 5 of
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Article VI of the State Constitution to allow all
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qualified electors to vote in the primary election under
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certain circumstances, regardless of an elector's party
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affiliation.
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Be It Resolved by the Legislature of the State of Florida:
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That the following amendment to Section 5 of Article VI of
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the State Constitution is agreed to and shall be submitted to the
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electors of this state for approval or rejection at the next
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general election or at an earlier special election specifically
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authorized by law for that purpose:
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ARTICLE VI
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SUFFRAGE AND ELECTIONS
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SECTION 5. Primary, general, and special elections.--
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(a) A general election shall be held in each county on the
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first Tuesday after the first Monday in November of each even-
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numbered year to choose a successor to each elective state and
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county officer whose term will expire before the next general
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election and, except as provided herein, to fill each vacancy in
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elective office for the unexpired portion of the term. A general
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election may be suspended or delayed due to a state of emergency
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or impending emergency pursuant to general law. Special elections
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and referenda shall be held as provided by law.
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(b) If all major party candidates for an office have the
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same party affiliation and there are no minor party candidates in
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the race the winner will have no opposition in the general
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election, all qualified electors, regardless of an elector's
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party affiliation, may vote in the primary election elections for
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that office.
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(c) As used in this section, the term:
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(1) "Major party" means any group that is registered as a
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political party as provided by law and that on January 1
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immediately preceding a primary election has as registered
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members at least 5 percent of the total registered electors of
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the state.
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(2) "Minor party" means any group that is registered as a
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political party as provided by law and that on January 1
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immediately preceding a primary election does not have as
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registered members at least 5 percent of the total registered
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electors of the state.
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BE IT FURTHER RESOLVED that the following statement be
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placed on the ballot:
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CONSTITUTIONAL AMENDMENT
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ARTICLE VI, SECTION 5
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OPEN PRIMARY ELECTIONS WHEN NO MINOR PARTIES APPEAR ON THE
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BALLOT.--Proposing an amendment to the State Constitution
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allowing all qualified electors, regardless of an elector's party
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affiliation, to vote in the primary election when all of the
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major party candidates for an office have the same political
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party affiliation and there are no minor party candidates in the
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race, regardless of the presence of a write-in candidate or
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candidate with no party affiliation; defining the terms "major
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party" and "minor party" for purposes of the amendment.
CODING: Words stricken are deletions; words underlined are additions.