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.