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The Florida Senate

2007 Florida Statutes

Section 105.041, Florida Statutes 2007

105.041  Form of ballot.--

(1)  BALLOTS.--The names of candidates for nonpartisan office which appear on the ballot at the primary election shall be grouped together on a separate portion of the ballot or on a separate ballot. The names of candidates for election to nonpartisan office which appear on the ballot at the general election and the names of justices and judges seeking retention to office shall be grouped together on a separate portion of the general election ballot.


(a)  Except as provided in paragraph (b), the order of nonpartisan offices appearing on the ballot shall be determined by the Department of State. The names of candidates for election to each nonpartisan office shall be listed in alphabetical order. With respect to retention of justices and judges, the question "Shall Justice (or Judge) (name of justice or judge) of the (name of the court) be retained in office?" shall appear on the ballot in alphabetical order and thereafter the words "Yes" and "No."

(b)1.  The names of candidates for the office of circuit judge shall be listed on the primary election ballot in the order determined by lot conducted by the director of the Division of Elections of the Department of State after the close of the qualifying period.

2.  Candidates who have secured a position on the general election ballot, after having survived elimination at the primary election, shall have their names listed in the same order as on the primary election ballot, notwithstanding the elimination of any intervening names as a result of the primary election.

(3)  REFERENCE TO PARTY AFFILIATION PROHIBITED.--No reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate.

(4)  WRITE-IN CANDIDATES.--Space shall be made available on the general election ballot for an elector to write in the name of a write-in candidate for judge of a circuit court or county court or member of a school board if a candidate has qualified as a write-in candidate for such office pursuant to s. 105.031 This subsection shall not apply to the offices of justices and judges seeking retention.

History.--s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s. 18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch. 2005-286.