Senate Bill 0710

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    Florida Senate - 1999                                   SB 710

    By the Committee on Ethics and Elections; and Senators
    Saunders, Carlton, Meek, Hargrett, Sebesta, Kirkpatrick and
    Rossin



    313-698A-99

  1                      A bill to be entitled

  2         An act relating to elections; creating s.

  3         100.065, F.S.; allowing all voters to vote in

  4         certain primary election contests; amending ss.

  5         101.021, 101.251, 101.5606, F.S.; conforming

  6         provisions; providing an effective date.

  7

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

  9

10         Section 1.  Section 100.065, Florida Statutes, is

11  created to read:

12         100.065  Other candidates on primary and general

13  election ballots.--

14         (1)  Notwithstanding any other provision of law, if all

15  candidates for an office are seeking the nomination of the

16  same political party and there is no opposition in the general

17  election except from a write-in candidate, all registered

18  electors, regardless of party affiliation, may vote for that

19  office in the first primary election and, if necessary, in the

20  general election.

21         (2)  If two or more candidates have qualified and only

22  one political party is represented and there is no opposition

23  in the general election except from a write-in candidate, the

24  names of such candidates shall be placed on the first primary

25  election ballot of each political party holding a primary

26  election and on a ballot for voters registered without party

27  affiliation or registered in a party that is not holding a

28  primary election.  The office or offices shall be grouped on a

29  separate portion of the ballot or on a separate ballot.  The

30  offices shall be placed under the heading of "Universal

31  Primary" in the order determined by the Department of State.

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    Florida Senate - 1999                                   SB 710
    313-698A-99




  1  Following each candidate's name shall be the appropriate

  2  party-name abbreviation.

  3         (3)(a)  If any candidate for such office receives a

  4  majority of the votes cast for such office in the first

  5  primary election and there is no write-in opposition, the name

  6  of the candidate who receives such majority shall not appear

  7  on any other ballot. Such candidate shall be deemed to have

  8  voted for himself at the general election. If a write-in

  9  candidate has qualified, the name of the candidate receiving a

10  majority of the votes in the first primary election shall be

11  placed on the general election ballot, along with a space for

12  writing in the name of a write-in candidate.

13         (b)  If no candidate for such office receives a

14  majority of the votes cast for such office in the first

15  primary election, the names of the two candidates receiving

16  the highest number of votes for such office shall be placed on

17  the general election ballot, along with a space for writing in

18  the name of a write-in candidate, if one has qualified.  If

19  more than two candidates receive an equal and highest number

20  of votes, the name of each candidate receiving an equal and

21  highest number of votes shall be placed on the general

22  election ballot. In any contest in which there is a tie for

23  second place and the candidate placing first did not receive a

24  majority of the votes cast for such office, the name of the

25  candidate placing first and the name of each candidate tying

26  for second shall be placed on the general election ballot.

27         Section 2.  Section 101.021, Florida Statutes, is

28  amended to read:

29         101.021  Elector to vote the primary ballot of the

30  political party in which he or she is registered.--Except as

31  provided in s. 100.065, In a primary election a qualified

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    Florida Senate - 1999                                   SB 710
    313-698A-99




  1  elector is entitled to vote the official primary election

  2  ballot of the political party designated in the elector's

  3  registration, and no other. it is unlawful for any elector to

  4  vote in a primary for any candidate running for nomination

  5  from a party other than that in which such elector is

  6  registered.

  7         Section 3.  Subsection (2) of section 101.251, Florida

  8  Statutes, is amended to read:

  9         101.251  Information which supervisor of elections must

10  print on ballots.--

11         (2)  In addition to the names printed on the ballot as

12  provided in subsection (1), the supervisor of elections of

13  each county shall have printed on the general election ballot

14  to be used in the county the names of candidates who are

15  entitled to have their names printed on the ballot under s.

16  100.065, the names of the judicial officers, as defined in

17  chapter 105, who are entitled to have their names printed on

18  the ballot, and minor party and independent candidates who

19  have obtained a position on the general election ballot in

20  compliance with the requirements of this code.

21         Section 4.  Subsection (5) of section 101.5606, Florida

22  Statutes, is amended to read:

23         101.5606  Requirements for approval of systems.--No

24  electronic or electromechanical voting system shall be

25  approved by the Department of State unless it is so

26  constructed that:

27         (5)  It permits each voter at a primary election to

28  vote only for the candidates seeking nomination by the

29  political party in which such voter is registered, except as

30  provided in s. 100.065, for any candidate for nonpartisan

31

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    Florida Senate - 1999                                   SB 710
    313-698A-99




  1  office, and for any question upon which the voter is entitled

  2  to vote.

  3         Section 5.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Provides that if all candidates for an office are seeking
      the nomination of the same political party and there is
  9    no opposition in the general election except from a
      write-in candidate, all registered electors, regardless
10    of party affiliation, may vote for that office in the
      first primary election and, if necessary, in the general
11    election. Specifies procedures for placing the
      candidates' names on the ballot.
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