1 | A bill to be entitled |
2 | An act relating to recall; creating s. 100.365, F.S.; |
3 | providing procedures for recall from office of the |
4 | Governor, the Lieutenant Governor, members of the |
5 | Cabinet, and legislators; requiring that proponents of |
6 | the recall register as a political committee; |
7 | prescribing the methods and timeframes for initiating |
8 | and conducting the recall; providing ballot language; |
9 | providing that the removal of the Governor from office |
10 | includes the removal of the Lieutenant Governor; |
11 | authorizing the adoption of rules; providing a |
12 | contingent effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 100.365, Florida Statutes, is created |
17 | to read: |
18 | 100.365 Recall election of Governor, Lieutenant Governor, |
19 | members of the Cabinet, and legislators.- |
20 | (1) In accordance with s. 8, Art. VI of the State |
21 | Constitution, the Governor, the Lieutenant Governor, a member of |
22 | the Cabinet, or a legislator may be removed from office by the |
23 | electors before the official's term expires. A person may be |
24 | removed from elective office pursuant to the procedures provided |
25 | in this section. The method of removing persons from elective |
26 | office provided in this section is in addition to any other |
27 | method provided by general law. |
28 | (2) The proponent of a recall petition shall, prior to |
29 | obtaining any signatures, register as a political committee |
30 | pursuant to s. 106.03 and submit the text of the proposed recall |
31 | petition to the Secretary of State, with the form on which the |
32 | signatures will be affixed, and obtain the approval of the |
33 | Secretary of State of such form. The Secretary of State shall |
34 | prescribe by rule the style and requirements of the form in |
35 | accordance with this section and s. 8, Art. VI of the State |
36 | Constitution. |
37 | (3) The recall of a public official is initiated by |
38 | delivering to the Secretary of State a petition containing the |
39 | name of the person sought to be recalled and the alleged reason |
40 | for the recall. The alleged reason for the recall is not |
41 | reviewable. However, a petition to recall the Governor shall |
42 | also contain the name of the Lieutenant Governor. Proponents |
43 | have 120 days to circulate and file the signed petitions. |
44 | (4) A recall petition form circulated for signatures may |
45 | not be bundled with or attached to any other petition. Each |
46 | signature shall be dated when signed and shall be valid for the |
47 | duration of the recall, provided all other requirements of law |
48 | are met. The proponent shall submit signed and dated forms to |
49 | the appropriate supervisor of elections for verification as to |
50 | the number of registered electors whose valid signatures appear |
51 | on the forms. The supervisor shall promptly verify the |
52 | signatures within 30 days after receipt of the petition forms |
53 | and payment of the fee required by s. 99.097. The supervisor |
54 | shall promptly record, in the manner prescribed by the Secretary |
55 | of State, the date each form is received by the supervisor and |
56 | the date the signature on the form is verified as valid. The |
57 | supervisor may verify that the signature on a form is valid only |
58 | if: |
59 | (a) The form contains the original signature of the |
60 | purported elector. |
61 | (b) The purported elector has accurately recorded on the |
62 | form the date on which he or she signed the form. |
63 | (c) The form accurately sets forth the purported elector's |
64 | name, street address, county, and voter registration number or |
65 | date of birth. |
66 | (d) The purported elector is, at the time he or she signs |
67 | the petition, a duly qualified and registered elector authorized |
68 | to vote in the county in which his or her signature is |
69 | submitted. |
70 |
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71 | The supervisor shall retain the signature petitions for at least |
72 | 1 year after the conclusion of the recall process. |
73 | (5) The Secretary of State shall determine from the |
74 | signatures verified by the supervisors of elections the total |
75 | number of verified valid signatures and the distribution of such |
76 | signatures by county, when appropriate. Upon a determination |
77 | that the requisite number and distribution of valid signatures |
78 | have been obtained, the Secretary of State shall at once serve |
79 | upon the person sought to be recalled a certified copy of the |
80 | petition and shall notify the Governor that a recall election |
81 | shall be held in accordance with s. 8, Art VI of the State |
82 | Constitution. |
83 | (6) The ballots for the recall election of any person |
84 | other than the Governor shall state: "Shall .... be removed from |
85 | the office of .... by recall?" followed by the word "yes" and |
86 | also by the word "no." Immediately thereafter, the names of the |
87 | candidates who are seeking to fill the remainder of that term of |
88 | office, if vacated, shall be listed. |
89 | (7) The ballots for the recall election of the Governor |
90 | shall state: "Shall .... be removed from the office of Governor |
91 | and shall .... be removed from the office of Lieutenant Governor |
92 | by recall?" followed by the word "yes" and also by the word |
93 | "no." Immediately thereafter, the names of the joint candidates |
94 | for Governor and Lieutenant Governor who are seeking to fill the |
95 | remainder of that term of office, if vacated, shall be listed. |
96 | Neither the Governor nor the Lieutenant Governor may appear on |
97 | the ballot as a candidate for either office. The removal of the |
98 | Governor from office includes the removal of the Lieutenant |
99 | Governor. |
100 | (8) The Secretary of State, as chief election officer of |
101 | the state, may adopt rules to administer this section. |
102 | Section 2. This act shall take effect on the effective |
103 | date of House Joint Resolution 7, or a similar joint resolution |
104 | having substantially the same specific intent and purpose, if |
105 | that joint resolution is approved by the electors at the general |
106 | election to be held in November 2012. |