Florida Senate - 2019                                     SB 552
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00867-19                                            2019552__
    1                        A bill to be entitled                      
    2         An act relating to presidential electors; amending ss.
    3         103.011, 103.021, 103.022, and 103.061, F.S.; revising
    4         the manner of allocating the state’s electoral votes
    5         in presidential elections to be based on votes cast in
    6         each congressional district; providing a limitation
    7         regarding the filling of vacancies of presidential
    8         electors; conforming provisions to changes made by the
    9         act; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 103.011, Florida Statutes, is amended to
   14  read:
   15         103.011 Electors of President and Vice President.—
   16         (1) Electors of President and Vice President, known as
   17  presidential electors, shall be elected on the first Tuesday
   18  after the first Monday in November of each year the number of
   19  which is a multiple of 4. Votes cast for the actual candidates
   20  for President and Vice President shall be counted as votes cast
   21  for the presidential electors supporting such candidates. The
   22  Department of State shall certify as elected the presidential
   23  electors of the candidates for President and Vice President as
   24  follows:
   25         (a) Two at-large electors for the candidates for President
   26  and Vice President who receive the highest number of votes
   27  statewide.
   28         (b) The elector for each congressional district for the
   29  candidates for President and Vice President who receive the
   30  highest number of votes in that congressional district.
   31         Section 2. Subsections (1), (3), and (4) of section
   32  103.021, Florida Statutes, are amended to read:
   33         103.021 Nomination for presidential electors.—Candidates
   34  for presidential electors shall be nominated in the following
   35  manner:
   36         (1) The Governor shall nominate the presidential electors
   37  of each political party. The state executive committee of each
   38  political party shall by resolution recommend candidates for
   39  presidential electors for each congressional district and for
   40  the two at-large positions, and deliver a certified copy thereof
   41  to the Governor before September 1 of each presidential election
   42  year. The Governor shall nominate only the electors recommended
   43  by the state executive committee of the respective political
   44  party. Each such elector shall be a qualified elector of the
   45  party he or she represents, and shall be a resident of the
   46  congressional district that he or she is designated as an
   47  elector for, if applicable, who has taken an oath that he or she
   48  will vote for the candidates of the party that he or she is
   49  nominated to represent. The Governor shall certify to the
   50  Department of State on or before September 1, in each
   51  presidential election year, the names of a number of electors
   52  for each political party equal to the number of senators and
   53  representatives which this state has in Congress.
   54         (3) Candidates for President and Vice President with no
   55  party affiliation may have their names printed on the general
   56  election ballots if a petition is signed by 1 percent of the
   57  registered electors of this state, as shown by the compilation
   58  by the Department of State for the last preceding general
   59  election. A separate petition from each county for which
   60  signatures are solicited must shall be submitted to the
   61  supervisor of elections of the respective county no later than
   62  July 15 of each presidential election year. The supervisor shall
   63  check the names and, on or before the date of the primary
   64  election, shall certify the number shown as registered electors
   65  of the county. The supervisor shall be paid by the person
   66  requesting the certification the cost of checking the petitions
   67  as prescribed in s. 99.097. The supervisor shall then forward
   68  the certificate to the Department of State which shall determine
   69  whether or not the percentage factor required in this section
   70  has been met. When the percentage factor required in this
   71  section has been met, the Department of State shall order the
   72  names of the candidates for whom the petition was circulated to
   73  be included on the ballot and shall permit the required number
   74  of persons to be certified as congressional district and at
   75  large electors in the same manner as party candidates.
   76         (4)(a) A minor political party that is affiliated with a
   77  national party holding a national convention to nominate
   78  candidates for President and Vice President of the United States
   79  may have the names of its candidates for President and Vice
   80  President of the United States printed on the general election
   81  ballot by filing with the Department of State a certificate
   82  naming the candidates for President and Vice President and
   83  listing the required number of persons to serve as electors.
   84  Notification to the Department of State under this subsection
   85  shall be made by September 1 of the year in which the election
   86  is held. When the Department of State has been so notified, it
   87  shall order the names of the candidates nominated by the minor
   88  political party to be included on the ballot and shall permit
   89  the required number of persons to be certified as congressional
   90  district and at-large electors in the same manner as other party
   91  candidates. As used in this section, the term “national party”
   92  means a political party that is registered with and recognized
   93  as a qualified national committee of a political party by the
   94  Federal Election Commission.
   95         (b) A minor political party that is not affiliated with a
   96  national party holding a national convention to nominate
   97  candidates for President and Vice President of the United States
   98  may have the names of its candidates for President and Vice
   99  President printed on the general election ballot if a petition
  100  is signed by 1 percent of the registered electors of this state,
  101  as shown by the compilation by the Department of State for the
  102  preceding general election. A separate petition from each county
  103  for which signatures are solicited must shall be submitted to
  104  the supervisors of elections of the respective county no later
  105  than July 15 of each presidential election year. The supervisor
  106  shall check the names and, on or before the date of the primary
  107  election, shall certify the number shown as registered electors
  108  of the county. The supervisor shall be paid by the person
  109  requesting the certification the cost of checking the petitions
  110  as prescribed in s. 99.097. The supervisor shall then forward
  111  the certificate to the Department of State, which shall
  112  determine whether or not the percentage factor required in this
  113  section has been met. When the percentage factor required in
  114  this section has been met, the Department of State shall order
  115  the names of the candidates for whom the petition was circulated
  116  to be included on the ballot and shall permit the required
  117  number of persons to be certified as congressional district and
  118  at-large electors in the same manner as other party candidates.
  119         Section 3. Section 103.022, Florida Statutes, is amended to
  120  read:
  121         103.022 Write-in candidates for President and Vice
  122  President.—Persons seeking to qualify for election as write-in
  123  candidates for President and Vice President of the United States
  124  may have a blank space provided on the general election ballot
  125  for their names to be written in by filing an oath with the
  126  Department of State at any time after the 57th day, but before
  127  noon of the 49th day, prior to the date of the primary election
  128  in the year in which a presidential election is held. The
  129  Department of State shall prescribe the form to be used in
  130  administering the oath. The candidates shall file with the
  131  department a certificate naming the required number of persons
  132  to serve as congressional district and at-large electors. Such
  133  write-in candidates shall not be entitled to have their names on
  134  the ballot.
  135         Section 4. Section 103.061, Florida Statutes, is amended to
  136  read:
  137         103.061 Meeting of electors and filling of vacancies.—Each
  138  presidential elector shall, on the day fixed by Congress to
  139  elect a President and Vice President and at the time fixed by
  140  the Governor, give notice to the Governor that the elector is in
  141  Tallahassee and ready to perform the duties of presidential
  142  elector. The Governor shall forthwith deliver to the
  143  presidential electors present a certificate of the names of all
  144  the electors; and if, on examination thereof, it should be found
  145  that one or more electors are absent, the electors present shall
  146  elect by ballot, in the presence of the Governor, a person or
  147  persons to fill such vacancy or vacancies as may have occurred
  148  through the nonattendance of one or more of the electors. Any
  149  electors present may only fill a vacancy with a person who takes
  150  an oath to cast a vote for President and Vice President
  151  consistent with the oath taken by the absent elector being
  152  succeeded.
  153         Section 5. This act shall take effect July 1, 2019.