The Florida Senate

105.035  Alternative method of qualifying for certain judicial offices.--

(1)  A person seeking to qualify for election to the office of circuit judge or county court judge who is unable to pay the qualifying fee without imposing an undue burden on his or her personal resources or on resources otherwise available to him or her may qualify for election to such office by means of the petitioning process prescribed in this section. A person using this petitioning process shall file an oath with the officer before whom the candidate would qualify for the office stating that he or she intends to qualify for the office sought and stating that he or she is unable to pay the qualifying fee for the office without imposing an undue burden on his or her resources or on resources otherwise available to him or her. Such oath shall be filed at any time after the first Tuesday after the first Monday in January of the year in which the election is held, but prior to the 21st day preceding the first day of the qualifying period for the office sought. The form of such oath shall be prescribed by the Division of Elections. No signatures shall be obtained until the person has filed the oath prescribed in this subsection.

(2)  Upon receipt of a written oath from a candidate, the qualifying officer shall provide the candidate with petition forms in sufficient numbers to facilitate the gathering of signatures pursuant to this section. No signature shall be counted toward the number of signatures required unless it is on a petition form prescribed pursuant to this subsection. Such forms shall be prescribed by the Division of Elections. If the candidate is running for an office which will be grouped on the ballot with two or more similar offices to be filled at the same election, the candidate's petition must indicate, prior to the obtaining of registered electors' signatures, for which group the candidate is running.

(3)  A candidate for the office of circuit judge shall obtain the signature of a number of qualified electors equal to at least 3 percent of the total number of registered electors of the judicial circuit as shown by the compilation by the Department of State for the last preceding general election. A candidate for the office of county court judge shall obtain the signatures of a number of qualified electors equal to at least 3 percent of the total number of registered electors of the county, as shown by the compilation by the Department of State for the last preceding general election. A separate petition shall be circulated for each candidate availing himself or herself of the provisions of this section.

(4)(a)  Each candidate seeking to qualify for election to the office of circuit judge pursuant to this section shall file a separate petition from each county from which signatures are sought. Each petition shall be submitted, prior to noon of the 21st day preceding the first day of the qualifying period for the office sought, to the supervisor of elections of the county for which such petition was circulated. Each supervisor of elections to whom a petition is submitted shall check the signatures on the petition to verify their status as electors of that county within the judicial circuit. Prior to the first date for qualifying, the supervisor shall certify the number shown as registered electors of that county within the circuit and submit such certification to the Division of Elections. The division shall determine whether the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall, during the time prescribed for qualifying for office, submit a copy of such notice and file his or her qualifying papers and oath prescribed in s. 105.031 with the Division of Elections. Upon receipt of the copy of such notice and qualifying papers, the division shall certify the name of the candidate to the appropriate supervisor or supervisors of elections as having qualified for the office sought.

(b)  Each candidate seeking to qualify for election to the office of county court judge pursuant to this section shall submit his or her petition, prior to noon of the 21st day preceding the first day of the qualifying period for the office sought, to the supervisor of elections of the county for which such petition was circulated. The supervisor shall check the signatures on the petition to verify their status as electors of the county. Prior to the first date for qualifying, the supervisor shall determine whether the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall, during the time prescribed for qualifying for office, submit a copy of such notice and file his or her qualifying papers and oath prescribed in s. 105.031 with the supervisor of elections. Upon receipt of the copy of such notice and qualifying papers by the supervisor of elections, such candidate shall be entitled to have his or her name printed on the ballot.

History.--s. 37, ch. 77-175; s. 2, ch. 89-152; s. 35, ch. 89-338; s. 23, ch. 90-315; s. 631, ch. 95-147.