Florida Senate - 2023 SB 1622
By Senator Gruters
22-00571-23 20231622__
1 A bill to be entitled
2 An act relating to district school board elections;
3 amending s. 105.051, F.S.; requiring that candidates
4 for the office of school board member be placed on the
5 general election ballot if no more than two candidates
6 qualify; requiring that a primary election be held if
7 more than two candidates qualify for the office of
8 school board member; specifying that the two
9 candidates receiving the highest number of votes at
10 the primary election advance to the general election;
11 conforming provisions to changes made by the act;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Present paragraph (c) of subsection (1) of
17 section 105.051, Florida Statutes, is redesignated as paragraph
18 (d), a new paragraph (c) is added to that subsection, and
19 paragraph (b) of that subsection is amended, to read:
20 105.051 Determination of election or retention to office.—
21 (1) ELECTION.—In circuits and counties holding elections:
22 (b) If two or more candidates, neither of whom is a write
23 in candidate, qualify for the office of circuit judge or county
24 court judge such an office, the names of those candidates must
25 shall be placed on the ballot at the primary election. If any
26 candidate for the office of circuit judge or county court judge
27 such office receives a majority of the votes cast for the such
28 office in the primary election, the name of the candidate who
29 receives a such majority may shall not appear on any other
30 ballot unless a write-in candidate has qualified for such
31 office. An unopposed candidate is shall be deemed to have voted
32 for himself or herself at the general election. If no candidate
33 for the office of circuit judge or county court judge such
34 office receives a majority of the votes cast for the such office
35 in the primary election, the names of the two candidates
36 receiving the highest number of votes for the such office must
37 shall be placed on the general election ballot. If more than two
38 candidates receive an equal and highest number of votes, the
39 name of each candidate receiving an equal and highest number of
40 votes must shall be placed on the general election ballot. In
41 any contest in which there is a tie for second place and the
42 candidate placing first did not receive a majority of the votes
43 cast for the such office, the name of the candidate placing
44 first and the name of each candidate tying for second must shall
45 be placed on the general election ballot.
46 (c)1. If no more than two candidates, neither of whom is a
47 write-in candidate, qualify for a district school board seat,
48 the names of each candidate must be placed on the general
49 election ballot.
50 2. If more than two candidates, neither of whom is a write
51 in candidate, qualify for a district school board seat, the
52 names of those candidates must be placed on the ballot at the
53 primary election. The two candidates receiving the highest
54 number of votes in the primary election, even if a candidate
55 receives a majority of the votes cast, shall advance to the
56 general election and must be placed on the general election
57 ballot. If more than two candidates receive an equal and highest
58 number of votes, the name of each candidate receiving an equal
59 and highest number of votes must be placed on the general
60 election ballot. In any contest in which there is a tie for
61 second place and the candidate placing first did not receive a
62 majority of the votes cast for such office, the name of the
63 candidate placing first and the name of each candidate tying for
64 second must be placed on the general election ballot.
65 Section 2. This act shall take effect July 1, 2023.