House Bill 1463

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    Florida House of Representatives - 1999                HB 1463

        By the Committee on Election Reform and Representatives
    Flanagan, Stafford, Goodlette, Futch, Detert, Henriquez,
    Wilson, Brown and Diaz de la Portilla




  1                      A bill to be entitled

  2         An act relating to elections; creating s.

  3         99.063, F.S.; providing for the designation of

  4         candidates for Lieutenant Governor; modifying

  5         the time of designation; modifying qualifying

  6         requirements; providing for ballot language on

  7         primary election ballots and advance absentee

  8         ballots for the general election if the

  9         candidate for Lieutenant Governor has not been

10         designated by a time certain; providing for

11         forfeiture of ballot position at the general

12         election for the candidate for Governor if a

13         Lieutenant Governor running mate has not been

14         designated and qualified by the time required;

15         repealing s. 99.092(3), F.S., relating to

16         paying the qualifying fee, to conform; amending

17         ss. 99.095, 99.0955, and 101.62, F.S., to

18         conform; amending s. 100.111, F.S.; allowing a

19         candidate who has qualified for public office

20         and has either withdrawn or been eliminated to

21         be designated as a candidate for Lieutenant

22         Governor; amending s. 102.112, F.S.; revising

23         the time limit for submission of county returns

24         to the Department of State; providing an

25         effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 99.063, Florida Statutes, is

30  created to read:

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  1         99.063  Candidates for Governor and Lieutenant

  2  Governor.--

  3         (1)  No later than 5 p.m. of the third day following

  4  the second primary election, each candidate for Governor shall

  5  designate a Lieutenant Governor running mate. Such designation

  6  shall be made in writing to the Department of State.

  7         (2)  No later than 5 p.m. of the third day following

  8  the second primary election, each designated candidate for

  9  Lieutenant Governor shall file with the Department of State

10  the following:

11         (a)  The candidate's oath required by s. 99.021, which

12  must contain the name of the candidate as it is to appear on

13  the ballot; the office sought; and the signature of the

14  candidate, duly acknowledged.

15         (b)  The loyalty oath required by s. 876.05, signed by

16  the candidate and duly acknowledged.

17         (c)  If the office sought is partisan, the written

18  statement of political party affiliation required by s.

19  99.021(1)(b).

20         (d)  The full and public disclosure of financial

21  interests pursuant to s. 8, Art. II of the State Constitution.

22         (3)  A designated candidate for Lieutenant Governor is

23  not required to pay a separate qualifying fee or obtain

24  signatures on petitions. Ballot position obtained by the

25  candidate for Governor entitles the designated candidate for

26  Lieutenant Governor, upon receipt by the Department of State

27  of the qualifying papers required by subsection (2), to have

28  his or her name placed on the ballot for the joint candidacy.

29         (4)  In order to have the name of the candidate for

30  Lieutenant Governor printed on the first or second primary

31  election ballot, a candidate for Governor participating in the

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  1  primary must designate the candidate for Lieutenant Governor,

  2  and the designated candidate must qualify pursuant to

  3  subsection (2) no later than the end of the qualifying period

  4  specified in s. 99.061. If the candidate for Lieutenant

  5  Governor has not been designated and has not qualified by the

  6  end of the qualifying period, the phrase "Not Yet Designated"

  7  shall be included in lieu of the candidate's name on primary

  8  election ballots and on advance absentee ballots for the

  9  general election.

10         (5)  Failure of the Lieutenant Governor candidate to be

11  designated and qualified by the time specified in subsection

12  (2) shall result in forfeiture of ballot position for the

13  candidate for Governor.

14         Section 2.  Subsection (3) of section 99.092, Florida

15  Statutes, is repealed:

16         99.092  Qualifying fee of candidate; notification of

17  Department of State.--

18         (3)  Each candidate for the office of Governor and each

19  candidate for the office of Lieutenant Governor shall pay a

20  separate qualifying fee for his or her office in accordance

21  with this section.

22         Section 3.  Subsection (3) of section 99.095, Florida

23  Statutes, is amended to read:

24         99.095  Alternative method of qualifying.--

25         (3)  When a candidate has filed the oath prescribed in

26  subsection (1), the candidate may begin to seek signatures on

27  petitions supporting his or her candidacy.  Only signatures of

28  electors who are registered in the political party by which

29  the candidate seeks to be nominated and who are registered to

30  vote in the county, district, or other geographical entity

31  represented by the office sought shall be counted toward

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  1  obtaining the minimum numbers of signatures prescribed in this

  2  subsection.  A candidate for an office elected on a statewide

  3  basis shall obtain the signatures of a number of qualified

  4  electors equal to at least 3 percent of the total number of

  5  registered electors of Florida who are registered in the party

  6  by which the candidate seeks nomination, as shown by the

  7  compilation by the Department of State for the last preceding

  8  general election.  A candidate for any federal, state, county,

  9  or district office to be elected on less than a statewide

10  basis shall obtain the signatures of a number of qualified

11  electors of the district, county, or other geographical entity

12  equal to at least 3 percent of the total number of registered

13  voters of the party by which the candidate seeks nomination

14  that are registered within the district, county, or other

15  geographical entity represented by the office sought, as shown

16  by the compilation by the Department of State for the last

17  preceding general election.  A separate petition shall be

18  circulated for each candidate availing himself or herself of

19  the provisions of this section. However, candidates for the

20  offices of Governor and Lieutenant Governor forming joint

21  candidacies shall use the same nominating petition for both

22  candidates.

23         Section 4.  Subsection (2) of section 99.0955, Florida

24  Statutes, is amended to read:

25         99.0955  Independent candidate for office; name on

26  general election ballot.--

27         (2)  A candidate for an office elected on a statewide

28  basis shall obtain the signatures of a number of the qualified

29  electors equal to 3 percent of the registered electors of

30  Florida, as shown by the compilation by the Department of

31  State for the last preceding general election.  When joint

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  1  candidacies for the offices of Governor and Lieutenant

  2  Governor are provided by law, independent candidates for the

  3  offices of Governor and Lieutenant Governor shall form a joint

  4  candidacy, and only one petition shall be used to place both

  5  names on the ballot as otherwise provided in this section.  A

  6  candidate for any federal, state, county, or district office

  7  to be elected on less than a statewide basis shall obtain the

  8  signatures of a number of the qualified electors of the

  9  district, county, or other geographical entity equal to at

10  least 3 percent of the total number of the registered voters

11  of the district, county, or other geographical entity

12  represented by the office sought, as shown by the compilation

13  by the Department of State for the last preceding general

14  election.

15         Section 5.  Paragraph (d) of subsection (4) of section

16  100.111, Florida Statutes, is amended to read:

17         100.111  Filling vacancy.--

18         (4)

19         (d)  Any person who, at the close of qualifying as

20  prescribed in ss. 99.061 and 105.031, was qualified for

21  nomination or election to or retention in a public office to

22  be filled at the ensuing general election is prohibited from

23  qualifying as a candidate to fill a vacancy in nomination for

24  any other office to be filled at that general election, even

25  if such person has withdrawn or been eliminated as a candidate

26  for the original office sought. However, this paragraph does

27  not apply to a candidate for the office of Lieutenant Governor

28  who applies to fill a vacancy in nomination for the office of

29  Governor on the same ticket or to a person who has withdrawn

30  or been eliminated as a candidate and who is subsequently

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  1  designated as a candidate for Lieutenant Governor pursuant to

  2  s. 99.063.

  3         Section 6.  Paragraph (a) of subsection (4) of section

  4  101.62, Florida Statutes, 1998 Supplement, is amended to read:

  5         101.62  Request for absentee ballots.--

  6         (4)(a)  To each absent qualified elector overseas who

  7  has requested an absentee ballot, the supervisor of elections

  8  shall, not fewer than 35 days before the first primary

  9  election, mail an absentee ballot.  Not fewer than 45 days

10  before the second primary and general election, the supervisor

11  of elections shall mail an advance absentee ballot to those

12  persons requesting ballots for such elections.  The advance

13  absentee ballot for the second primary shall be the same as

14  the first primary absentee ballot as to the names of

15  candidates, except that for any offices where there are only

16  two candidates, those offices and all political party

17  executive committee offices shall be omitted.  Except as

18  provided in s. 99.063(4), the advance absentee ballot for the

19  general election shall be as specified in s. 101.151, except

20  that in the case of candidates of political parties where

21  nominations were not made in the first primary, the names of

22  the candidates placing first and second in the first primary

23  election shall be printed on the advance absentee ballot. The

24  advance absentee ballot or advance absentee ballot information

25  booklet shall be of a different color for each election and

26  also a different color from the absentee ballots for the first

27  primary, second primary, and general election.  The supervisor

28  shall mail an advance absentee ballot for the second primary

29  and general election to each qualified absent elector for whom

30  a request is received until the absentee ballots are printed.

31  The supervisor shall enclose with the advance second primary

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  1  absentee ballot and advance general election absentee ballot

  2  an explanation stating that the absentee ballot for the

  3  election will be mailed as soon as it is printed; and, if both

  4  the advance absentee ballot and the absentee ballot for the

  5  election are returned in time to be counted, only the absentee

  6  ballot will be counted.

  7         Section 7.  Subsection (1) of section 102.112, Florida

  8  Statutes, is amended to read

  9         102.112  Deadline for submission of county returns to

10  the Department of State; penalties.--

11         (1)  The county canvassing board or a majority thereof

12  shall file the county returns for the election of a federal or

13  state officer with the Department of State immediately after

14  certification of the election results. If the returns are not

15  received by the department by 3 p.m. 5 p.m. on the 3rd 7th day

16  after an election, such returns may be ignored and the results

17  on file at that time may be certified by the department.

18         Section 8.  This act shall take effect January 1, 2000.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Provides for the designation of a Lieutenant Governor
23    running mate. Provides requirements and a time limit for
      a candidate to qualify for such office. Prescribes ballot
24    language for primary election ballots and advance
      absentee ballots for the general election if such a
25    candidate has not been designated by a certain time.
      Allows a candidate who has qualified for public office
26    and has either withdrawn or been eliminated to be
      designated as a candidate for Lieutenant Governor.
27    Provides that failure of a Lieutenant Governor candidate
      to be designated and qualified by the time limit shall
28    result in forfeiture of ballot position for the candidate
      for Governor at the general election. Revises the time
29    limit for the county canvassing board to file returns for
      the election of a federal or state officer with the
30    Department of State.

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