Florida Senate - 2009 SB 536
By Senator Justice
16-00349A-09 2009536__
1 A bill to be entitled
2 An act relating to elections; amending s. 98.015,
3 F.S.; requiring that a supervisor of elections in each
4 county be elected in a nonpartisan election; amending
5 s. 101.151, F.S.; deleting a provision requiring that
6 the title “supervisor of elections” and the names of
7 candidates running for such office appear under the
8 heading entitled “County” on election ballots;
9 amending s. 105.031, F.S.; requiring that candidates
10 for the office of supervisor of elections pay a
11 specified qualifying fee, subscribe to an oath, and
12 file certain items with the supervisor of elections
13 before the end of the qualifying period; amending s.
14 105.035, F.S.; including candidates for the office of
15 supervisor of elections among the list of candidates
16 who may qualify for election by a specified petition
17 process; amending s. 105.041, F.S.; requiring that
18 space be made available on a general election ballot
19 for an elector to write in the name of a write-in
20 candidate for the office of supervisor of elections if
21 such candidate has qualified as a write-in candidate
22 pursuant to state law; amending s. 105.051, F.S.;
23 prohibiting the name of an unopposed candidate for the
24 office of supervisor of elections from appearing on
25 any ballot; amending s. 105.061, F.S.; requiring that
26 the election of a supervisor of elections be by vote
27 of the qualified electors of a county; amending s.
28 105.08, F.S.; limiting the contributions that may be
29 accepted and the expenses that may be incurred by a
30 candidate for the office of supervisor of elections;
31 requiring such candidates to keep an accurate record
32 of such contributions and expenses; requiring that
33 such information be reported in accordance with state
34 law; amending s. 105.09, F.S.; prohibiting a political
35 party or partisan political organization from
36 endorsing, supporting, or assisting any candidate in a
37 campaign for election to the office of supervisor of
38 elections; providing that it is a second-degree
39 misdemeanor to knowingly commit such acts; providing
40 an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (1) of section 98.015, Florida
45 Statutes, is amended to read:
46 98.015 Supervisor of elections; election, tenure of office,
47 compensation, custody of registration-related documents, office
48 hours, successor, seal; appointment of deputy supervisors;
49 duties.—
50 (1) A supervisor of elections shall be elected in a
51 nonpartisan election in each county at the general election in
52 each year the number of which is a multiple of four for a 4-year
53 term commencing on the first Tuesday after the first Monday in
54 January succeeding his or her election. Each supervisor shall,
55 before performing any of his or her duties, take the oath
56 prescribed in s. 5, Art. II of the State Constitution.
57 Section 2. Paragraph (a) of subsection (2) of section
58 101.151, Florida Statutes, is amended to read:
59 101.151 Specifications for ballots.—
60 (2)(a) The ballot shall have headings under which shall
61 appear the names of the offices and the names of the candidates
62 for the respective offices in the following order: the heading
63 “President and Vice President” and thereunder the names of the
64 candidates for President and Vice President of the United States
65 nominated by the political party that received the highest vote
66 for Governor in the last general election of the Governor in
67 this state. Then shall appear the names of other candidates for
68 President and Vice President of the United States who have been
69 properly nominated. Then shall follow the heading
70 “Congressional” and thereunder the offices of United States
71 Senator and Representative in Congress; then the heading “State”
72 and thereunder the offices of Governor and Lieutenant Governor,
73 Attorney General, Chief Financial Officer, Commissioner of
74 Agriculture, state attorney, and public defender, together with
75 the names of the candidates for each office and the title of the
76 office which they seek; then the heading “Legislative” and
77 thereunder the offices of state senator and state
78 representative; then the heading “County” and thereunder clerk
79 of the circuit court, clerk of the county court (when authorized
80 by law), sheriff, property appraiser, tax collector, and
81 district superintendent of schools, and supervisor of elections.
82 Thereafter follows: members of the board of county
83 commissioners, and such other county and district offices as are
84 involved in the election, in the order fixed by the Department
85 of State, followed, in the year of their election, by “Party
86 Offices,” and thereunder the offices of state and county party
87 executive committee members. In a general election, in addition
88 to the names printed on the ballot, a blank space shall be
89 provided under each heading for an office for which a write-in
90 candidate has qualified. With respect to write-in candidates, if
91 two or more candidates are seeking election to one office, only
92 one blank space shall be provided.
93 Section 3. Subsection (3), paragraph (a) of subsection (4),
94 and paragraph (a) of subsection (5) of section 105.031, Florida
95 Statutes, are amended to read:
96 105.031 Qualification; filing fee; candidate's oath; items
97 required to be filed.—
98 (3) QUALIFYING FEE.—Each candidate qualifying for election
99 to a judicial office, the office of supervisor of elections, or
100 the office of school board member, except write-in judicial or
101 school board candidates, shall, during the time for qualifying,
102 pay to the officer with whom he or she qualifies a qualifying
103 fee, which shall consist of a filing fee and an election
104 assessment, or qualify by the petition process. The amount of
105 the filing fee is 3 percent of the annual salary of the office
106 sought. The amount of the election assessment is 1 percent of
107 the annual salary of the office sought. The Department of State
108 shall forward all filing fees to the Department of Revenue for
109 deposit in the Elections Commission Trust Fund. The supervisor
110 of elections shall forward all filing fees to the Elections
111 Commission Trust Fund. The election assessment shall be
112 deposited into the Elections Commission Trust Fund. The annual
113 salary of the office for purposes of computing the qualifying
114 fee shall be computed by multiplying 12 times the monthly salary
115 authorized for such office as of July 1 immediately preceding
116 the first day of qualifying. This subsection shall not apply to
117 candidates qualifying for retention to judicial office.
118 (4) CANDIDATE'S OATH.—
119 (a) All candidates for the office of supervisor of
120 elections or the office of school board member shall subscribe
121 to the oath as prescribed in s. 99.021.
122 (5) ITEMS REQUIRED TO BE FILED.—
123 (a) In order for a candidate for judicial office, the
124 office of supervisor of elections, or the office of school board
125 member to be qualified, the following items must be received by
126 the filing officer by the end of the qualifying period:
127 1. Except for candidates for retention to judicial office,
128 a properly executed check drawn upon the candidate's campaign
129 account in an amount not less than the fee required by
130 subsection (3) or, in lieu thereof, the copy of the notice of
131 obtaining ballot position pursuant to s. 105.035. If a
132 candidate's check is returned by the bank for any reason, the
133 filing officer shall immediately notify the candidate and the
134 candidate shall, the end of qualifying notwithstanding, have 48
135 hours from the time such notification is received, excluding
136 Saturdays, Sundays, and legal holidays, to pay the fee with a
137 cashier's check purchased from funds of the campaign account.
138 Failure to pay the fee as provided in this subparagraph shall
139 disqualify the candidate.
140 2. The candidate's oath required by subsection (4), which
141 must contain the name of the candidate as it is to appear on the
142 ballot; the office sought, including the district or group
143 number if applicable; and the signature of the candidate, duly
144 acknowledged.
145 3. The loyalty oath required by s. 876.05, signed by the
146 candidate and duly acknowledged.
147 4. The completed form for the appointment of campaign
148 treasurer and designation of campaign depository, as required by
149 s. 106.021. In addition, each candidate for judicial office,
150 including an incumbent judge, shall file a statement with the
151 qualifying officer, within 10 days after filing the appointment
152 of campaign treasurer and designation of campaign depository,
153 stating that the candidate has read and understands the
154 requirements of the Florida Code of Judicial Conduct. Such
155 statement shall be in substantially the following form:
156 Statement of Candidate for Judicial Office
157 I, ...(name of candidate)..., a judicial candidate, have
158 received, read, and understand the requirements of the Florida
159 Code of Judicial Conduct.
160 ...(Signature of candidate)...
161 ...(Date)...
162 5. The full and public disclosure of financial interests
163 required by s. 8, Art. II of the State Constitution or the
164 statement of financial interests required by s. 112.3145,
165 whichever is applicable. A public officer who has filed the full
166 and public disclosure or statement of financial interests with
167 the Commission on Ethics or the supervisor of elections prior to
168 qualifying for office may file a copy of that disclosure at the
169 time of qualifying.
170 Section 4. Section 105.035, Florida Statutes, is amended to
171 read:
172 105.035 Petition process of qualifying for certain judicial
173 offices, the office of supervisor of elections, and the office
174 of school board member.—
175 (1) A person seeking to qualify for election to the office
176 of circuit judge, or county court judge, supervisor of
177 elections, or the office of school board member may qualify for
178 election to such office by means of the petitioning process
179 prescribed in this section. A person qualifying by this petition
180 process is not required to pay the qualifying fee required by
181 this chapter.
182 (2) The petition format shall be prescribed by the Division
183 of Elections and shall be used by the candidate to reproduce
184 petitions for circulation. If the candidate is running for an
185 office that will be grouped on the ballot with two or more
186 similar offices to be filled at the same election, the
187 candidate's petition must indicate, prior to the obtaining of
188 registered electors' signatures, for which group or district
189 office the candidate is running.
190 (3) Each candidate for election to a judicial office, the
191 office of supervisor of elections, or the office of school board
192 member shall obtain the signature of a number of qualified
193 electors equal to at least 1 percent of the total number of
194 registered electors of the district, circuit, county, or other
195 geographic entity represented by the office sought as shown by
196 the compilation by the Department of State for the last
197 preceding general election. A separate petition shall be
198 circulated for each candidate availing himself or herself of the
199 provisions of this section. Signatures may not be obtained until
200 the candidate has filed the appointment of campaign treasurer
201 and designation of campaign depository pursuant to s. 106.021.
202 (4)(a) Each candidate seeking to qualify for election to
203 the office of circuit judge or the office of school board member
204 from a multicounty school district pursuant to this section
205 shall file a separate petition from each county from which
206 signatures are sought. Each petition shall be submitted, prior
207 to noon of the 28th day preceding the first day of the
208 qualifying period for the office sought, to the supervisor of
209 elections of the county for which such petition was circulated.
210 Each supervisor of elections to whom a petition is submitted
211 shall check the signatures on the petition to verify their
212 status as electors of that county and of the geographic area
213 represented by the office sought. No later than the 7th day
214 before the first date for qualifying, the supervisor shall
215 certify the number shown as registered electors and submit such
216 certification to the Division of Elections. The division shall
217 determine whether the required number of signatures has been
218 obtained for the name of the candidate to be placed on the
219 ballot and shall notify the candidate. If the required number of
220 signatures has been obtained, the candidate shall, during the
221 time prescribed for qualifying for office, submit a copy of such
222 notice and file his or her qualifying papers and oath prescribed
223 in s. 105.031 with the Division of Elections. Upon receipt of
224 the copy of such notice and qualifying papers, the division
225 shall certify the name of the candidate to the appropriate
226 supervisor or supervisors of elections as having qualified for
227 the office sought.
228 (b) Each candidate seeking to qualify for election to the
229 office of county court judge, the office of supervisor of
230 elections, or the office of school board member from a single
231 county school district pursuant to this section shall submit his
232 or her petition, before prior to noon of the 28th day preceding
233 the first day of the qualifying period for the office sought, to
234 the supervisor of elections of the county for which such
235 petition was circulated. The supervisor shall check the
236 signatures on the petition to verify their status as electors of
237 the county and of the geographic area represented by the office
238 sought. No later than the 7th day before the first date for
239 qualifying, the supervisor shall determine whether the required
240 number of signatures has been obtained for the name of the
241 candidate to be placed on the ballot and shall notify the
242 candidate. If the required number of signatures has been
243 obtained, the candidate shall, during the time prescribed for
244 qualifying for office, submit a copy of such notice and file his
245 or her qualifying papers and oath prescribed in s. 105.031 with
246 the qualifying officer. Upon receipt of the copy of such notice
247 and qualifying papers, such candidate shall be entitled to have
248 his or her name printed on the ballot.
249 Section 5. Subsection (4) of section 105.041, Florida
250 Statutes, is amended to read:
251 105.041 Form of ballot.—
252 (4) WRITE-IN CANDIDATES.—Space shall be made available on
253 the general election ballot for an elector to write in the name
254 of a write-in candidate for judge of a circuit court or county
255 court, the office of supervisor of elections, or member of a
256 school board if a candidate has qualified as a write-in
257 candidate for such office pursuant to s. 105.031. This
258 subsection shall not apply to the offices of justices and judges
259 seeking retention.
260 Section 6. Paragraph (a) of subsection (1) of section
261 105.051, Florida Statutes, is amended to read:
262 105.051 Determination of election or retention to office.—
263 (1) ELECTION.—In circuits and counties holding elections:
264 (a) The name of an unopposed candidate for the office of
265 circuit judge, county court judge, supervisor of elections, or
266 member of a school board shall not appear on any ballot, and
267 such candidate shall be deemed to have voted for himself or
268 herself at the general election.
269 Section 7. Subsection (3) is added to section 105.061,
270 Florida Statutes, to read:
271 105.061 Electors qualified to vote.—
272 (3) The election of the supervisor of elections shall be by
273 vote of the qualified electors of the county.
274 Section 8. Subsection (1) of section 105.08, Florida
275 Statutes, is amended to read:
276 105.08 Campaign contribution and expense; reporting.—
277 (1) A candidate for judicial office, the office of
278 supervisor of elections, or the office of school board member
279 may accept contributions and may incur only such expenses as are
280 authorized by law. Each such candidate shall keep an accurate
281 record of his or her contributions and expenses, and shall file
282 reports pursuant to chapter 106.
283 Section 9. Section 105.09, Florida Statutes, is amended to
284 read:
285 105.09 Political activity on in behalf of a candidate for
286 judicial office or the office of supervisor of elections
287 limited.—
288 (1) A No political party or partisan political organization
289 may not shall endorse, support, or assist any candidate in a
290 campaign for election to judicial office or the office of
291 supervisor of elections.
292 (2) Any person who knowingly, in an individual capacity or
293 as an officer of an organization, violates the provisions of
294 this section commits is guilty of a misdemeanor of the second
295 degree, punishable as provided in s. 775.082 or s. 775.083.
296 Section 10. This act shall take effect July 1, 2009.