Senate Bill sb1544

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    Florida Senate - 2003                                  SB 1544

    By Senator Cowin





    20-471B-03

  1                      A bill to be entitled

  2         An act relating to primary elections; repealing

  3         s. 100.091, F.S., eliminating the second

  4         primary election; repealing s. 100.096, F.S.,

  5         relating to the holding of special elections in

  6         conjunction with the second primary election,

  7         to conform; amending s. 97.021, F.S., relating

  8         to the definition of "primary election," to

  9         conform; amending ss. 97.055, 97.071, 97.1031,

10         98.081, F.S., relating to restrictions on

11         changing party affiliation between primary

12         elections, to conform; amending ss. 99.061,

13         99.095, F.S., relating to qualifying for

14         nomination or election to office, to conform;

15         amending s. 99.063, F.S.; adjusting the date to

16         designate a Lieutenant Governor running mate,

17         to conform; amending ss. 99.103, 100.081,

18         100.111, 100.141, 101.252, 101.62, 103.021,

19         103.022, 103.091, 105.031, 105.041, 105.051,

20         106.07, 106.08, 106.29, F.S., and repealing s.

21         102.014(4)(c), F.S.; revising references, to

22         conform to the elimination of the second

23         primary election; amending s. 100.061, F.S.;

24         establishing a ranked choice or "instant

25         runoff" voting process for the primary

26         election; amending s. 101.151, F.S.; modifying

27         the primary election ballot, to conform;

28         granting the Division of Elections rulemaking

29         authority to develop the primary ballot form;

30         amending s. 101.5606, F.S.; modifying

31         certification requirements for voting systems;

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  1         requiring previously certified voting systems

  2         to meet new certification requirements by a

  3         date certain; providing an effective date.

  4

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

  6

  7         Section 1.  Sections 100.091 and 100.096, Florida

  8  Statutes, are repealed.

  9         Section 2.  Subsection (25) of section 97.021, Florida

10  Statutes, is amended to read:

11         97.021  Definitions.--For the purposes of this code,

12  except where the context clearly indicates otherwise, the

13  term:

14         (25)  "Primary election" means an election held

15  preceding the general election for the purpose of nominating a

16  party nominee to be voted for in the general election to fill

17  a national, state, county, or district office. The first

18  primary is a nomination or elimination election; the second

19  primary is a nominating election only.

20         Section 3.  Subsection (1) of section 97.055, Florida

21  Statutes, is amended to read:

22         97.055  Registration books; when closed for an

23  election.--

24         (1)  The registration books must be closed on the 29th

25  day before each election and must remain closed until after

26  that election. If an election is called and there are fewer

27  than 29 days before that election, the registration books must

28  be closed immediately. When the registration books are closed

29  for an election, voter registration and party changes must be

30  accepted but only for the purpose of subsequent elections.

31  However, party changes received between the book-closing date

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  1  of the first primary election and the date of the second

  2  primary election are not effective until after the second

  3  primary election.

  4         Section 4.  Subsection (3) of section 97.071, Florida

  5  Statutes, is amended to read:

  6         97.071  Registration identification card.--

  7         (3)  In the case of a change of name, address, or party

  8  affiliation, the supervisor must issue the voter a new

  9  registration identification card. However, a registration

10  identification card indicating a party affiliation change made

11  between the book-closing date for the first primary election

12  and the date of the second primary election may not be issued

13  until after the second primary election.

14         Section 5.  Subsection (3) of section 97.1031, Florida

15  Statutes, is amended to read:

16         97.1031  Notice of change of residence within the same

17  county, change of name, or change of party.--

18         (3)  When an elector seeks to change party affiliation,

19  the elector must provide a signed, written notification of

20  such intent to the supervisor and obtain a registration

21  identification card reflecting the new party affiliation,

22  subject to the issuance restriction in s. 97.071(3).

23         Section 6.  Section 98.081, Florida Statutes, is

24  amended to read:

25         98.081  Names removed from registration books;

26  restrictions on reregistering; recordkeeping; restoration of

27  erroneously or illegally removed names.--

28         (1)  Any person who requested that his or her name be

29  removed from the registration books between the book-closing

30  date of the first primary and the date of the second primary

31

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  1  may not register in a different political party until after

  2  the date of the second primary election.

  3         (1)(2)  When the name of any elector is removed from

  4  the registration books pursuant to s. 98.065, s. 98.075, or s.

  5  98.093, the elector's original registration form shall be

  6  filed alphabetically in the office of the supervisor. As

  7  alternatives, registrations removed from the registration

  8  books may be microfilmed and such microfilms substituted for

  9  the original registration forms; or, when voter registration

10  information, including the voter's signature, is maintained

11  digitally or on electronic, magnetic, or optic media, such

12  stored information may be substituted for the original

13  registration form. Such microfilms or stored information shall

14  be retained in the custody of the supervisor. In the event the

15  original registration forms are microfilmed or maintained

16  digitally or on electronic or other media, such originals may

17  be destroyed in accordance with the schedule approved by the

18  Bureau of Archives and Records Management of the Division of

19  Library and Information Services of the department.

20         (2)(3)  When the name of any elector has been

21  erroneously or illegally removed from the registration books,

22  the name of the elector shall be restored by the supervisor

23  upon satisfactory proof, even though the registration period

24  for that election is closed.

25         Section 7.  Subsections (1), (2), and (8) of section

26  99.061, Florida Statutes, are amended to read:

27         99.061  Method of qualifying for nomination or election

28  to federal, state, county, or district office.--

29         (1)  The provisions of any special act to the contrary

30  notwithstanding, each person seeking to qualify for nomination

31  or election to a federal, state, or multicounty district

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  1  office, other than election to a judicial office as defined in

  2  chapter 105 or the office of school board member, shall file

  3  his or her qualification papers with, and pay the qualifying

  4  fee, which shall consist of the filing fee and election

  5  assessment, and party assessment, if any has been levied, to,

  6  the Department of State, or qualify by the alternative method

  7  with the Department of State, at any time after noon of the

  8  1st day for qualifying, which shall be as follows:  the 120th

  9  day prior to the first primary election, but not later than

10  noon of the 116th day prior to the date of the first primary

11  election, for persons seeking to qualify for nomination or

12  election to federal office; and noon of the 50th day prior to

13  the first primary election, but not later than noon of the

14  46th day prior to the date of the first primary election, for

15  persons seeking to qualify for nomination or election to a

16  state or multicounty district office.

17         (2)  The provisions of any special act to the contrary

18  notwithstanding, each person seeking to qualify for nomination

19  or election to a county office, or district or special

20  district office not covered by subsection (1), shall file his

21  or her qualification papers with, and pay the qualifying fee,

22  which shall consist of the filing fee and election assessment,

23  and party assessment, if any has been levied, to, the

24  supervisor of elections of the county, or shall qualify by the

25  alternative method with the supervisor of elections, at any

26  time after noon of the 1st day for qualifying, which shall be

27  the 50th day prior to the first primary election or special

28  district election, but not later than noon of the 46th day

29  prior to the date of the first primary election or special

30  district election. However, if a special district election is

31  held at the same time as the second primary or general

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  1  election, qualifying shall be the 50th day prior to the first

  2  primary election, but not later than noon of the 46th day

  3  prior to the date of the first primary election. Within 30

  4  days after the closing of qualifying time, the supervisor of

  5  elections shall remit to the secretary of the state executive

  6  committee of the political party to which the candidate

  7  belongs the amount of the filing fee, two-thirds of which

  8  shall be used to promote the candidacy of candidates for

  9  county offices and the candidacy of members of the

10  Legislature.

11         (8)  Notwithstanding the qualifying period prescribed

12  by this section, in each year in which the Legislature

13  apportions the state, the qualifying period for persons

14  seeking to qualify for nomination or election to federal

15  office shall be between noon of the 57th day prior to the

16  first primary election, but not later than noon of the 53rd

17  day prior to the first primary election.

18         Section 8.  Subsections (1), (2), and (4) of section

19  99.063, Florida Statutes, are amended to read:

20         99.063  Candidates for Governor and Lieutenant

21  Governor.--

22         (1)  No later than 5 p.m. of the 9th day following the

23  second primary election, each candidate for Governor shall

24  designate a Lieutenant Governor as a running mate.  Such

25  designation must be made in writing to the Department of

26  State.

27         (2)  No later than 5 p.m. of the 9th day following the

28  second primary election, each designated candidate for

29  Lieutenant Governor shall file with the Department of State:

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

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

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

  2  candidate, duly acknowledged.

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

  4  the candidate and duly acknowledged.

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

  6  statement of political party affiliation required by s.

  7  99.021(1)(b).

  8         (d)  The full and public disclosure of financial

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

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

11  Lieutenant Governor printed on the first or second primary

12  election ballot, a candidate for Governor participating in the

13  primary must designate the candidate for Lieutenant Governor,

14  and the designated candidate must qualify no later than the

15  end of the qualifying period specified in s. 99.061.  If the

16  candidate for Lieutenant Governor has not been designated and

17  has not qualified by the end of the qualifying period

18  specified in s. 99.061, the phrase "Not Yet Designated" must

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

20  election ballot ballots and on advance absentee ballots for

21  the general election.

22         Section 9.  Subsection (1) of section 99.095, Florida

23  Statutes, is amended to read:

24         99.095  Alternative method of qualifying.--

25         (1)  A person seeking to qualify for nomination to any

26  office may qualify to have his or her name placed on the

27  ballot for the first primary election by means of the

28  petitioning process prescribed in this section.  A person

29  qualifying by this alternative method shall not be required to

30  pay the qualifying fee or party assessment required by this

31  chapter.  A person using this petitioning process shall file

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  1  an oath with the officer before whom the candidate would

  2  qualify for the office stating that he or she intends to

  3  qualify by this alternative method for the office sought. If

  4  the person is running for an office which will be grouped on

  5  the ballot with two or more similar offices to be filled at

  6  the same election, the candidate must indicate in his or her

  7  oath for which group or district office he or she is running.

  8  The oath shall be filed at any time after the first Tuesday

  9  after the first Monday in January of the year in which the

10  first primary election is held, but prior to the 21st day

11  preceding the first day of the qualifying period for the

12  office sought.  The Department of State shall prescribe the

13  form to be used in administering and filing such oath.  No

14  signatures shall be obtained by a candidate on any nominating

15  petition until the candidate has filed the oath required in

16  this section.  If the person is running for an office which

17  will be grouped on the ballot with two or more similar offices

18  to be filled at the same election and the petition does not

19  indicate the group or district office for which the person is

20  running, the signatures obtained on such petition will not be

21  counted.

22         Section 10.  Section 99.103, Florida Statutes, is

23  amended to read:

24         99.103  Department of State to remit part of filing

25  fees and party assessments of candidates to state executive

26  committee.--

27         (1)  If more than three-fourths of the full authorized

28  membership of the state executive committee of any party was

29  elected at the last previous election for such members and if

30  such party is declared by the Department of State to have

31  recorded on the registration books of the counties, as of the

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  1  first Tuesday after the first Monday in January prior to the

  2  first primary election in general election years, 5 percent of

  3  the total registration of such counties when added together,

  4  such committee shall receive, for the purpose of meeting its

  5  expenses, all filing fees collected by the Department of State

  6  from its candidates less an amount equal to 15 percent of the

  7  filing fees, which amount the Department of State shall

  8  deposit in the General Revenue Fund of the state.

  9         (2)  Not later than 20 days after the close of

10  qualifying in even-numbered years, the Department of State

11  shall remit 95 percent of all filing fees, less the amount

12  deposited in general revenue pursuant to subsection (1), or

13  party assessments that may have been collected by the

14  department to the respective state executive committees of the

15  parties complying with subsection (1).  Party assessments

16  collected by the Department of State shall be remitted to the

17  appropriate state executive committee, irrespective of other

18  requirements of this section, provided such committee is duly

19  organized under the provisions of chapter 103.  The remainder

20  of filing fees or party assessments collected by the

21  Department of State shall be remitted to the appropriate state

22  executive committees not later than the date of the first

23  primary election.

24         Section 11.  Section 100.061, Florida Statutes, is

25  amended to read:

26         100.061  First primary election.--

27         (1)  In each year in which a general election is held,

28  a first primary election for nomination of candidates of

29  political parties shall be held on the Tuesday 9 weeks prior

30  to the general election using a ranked-choice, or "instant

31  runoff," ballot prepared pursuant to s. 101.151. Each

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  1  candidate receiving a majority of the votes cast in each

  2  contest in the first primary election shall be declared

  3  nominated for such office. A second primary election shall be

  4  held as provided by s. 100.091 in every contest in which a

  5  candidate does not receive a majority.

  6         (2)  For purposes of this section:

  7         (a)  A candidate shall be deemed "continuing" if the

  8  candidate has not been eliminated;

  9         (b)  A ballot shall be deemed "continuing" if it is not

10  exhausted;

11         (c)  A ballot shall be deemed "exhausted," and not

12  counted in further stages of the tabulation, if all the

13  choices have been eliminated or if there are no more choices

14  indicated on the ballot;

15         (d)  If a ranked-choice ballot gives equal weight to

16  two or more candidates, the ballot shall be deemed "exhausted"

17  when such multiple rankings are reached; and

18         (e)  If a voter casts a ranked-choice ballot but skips

19  one or more ranks, the voter's vote shall be transferred to

20  that voter's next ranked choice.

21         (3)  If a candidate receives a majority of the first

22  choices, that candidate shall be nominated. If no candidate

23  receives a majority, the candidate who received the fewest

24  first choices shall be eliminated and each vote cast for that

25  candidate shall be transferred to the next-ranked candidate on

26  that voter's ballot. If, after this transfer of votes, any

27  candidate has a majority of the votes from the continuing

28  ballots, that candidate shall be declared nominated.

29         (4)  If no candidate receives a majority of votes from

30  the continuing ballots after a candidate has been eliminated

31  and his or her votes have been transferred to the next-ranked

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  1  candidate, the continuing candidate with the fewest votes from

  2  the continuing ballots shall be eliminated. All votes cast for

  3  that candidate shall be transferred to the next-ranked

  4  continuing candidate on each voter's ballot. This process of

  5  eliminating candidates and transferring their votes to the

  6  next-ranked continuing candidates shall be repeated until a

  7  candidate receives a majority of the votes from the continuing

  8  ballots or until there are only two candidates that have not

  9  been eliminated at which point the candidate with the most

10  votes shall be nominated.

11         (5)  To facilitate ballot counting in each round, if

12  the total number of votes of the two or more candidates

13  credited with the lowest number of votes is less than the

14  number of votes credited to the candidate with the next

15  highest number of votes, those candidates with the lowest

16  number of votes shall be eliminated simultaneously and their

17  votes transferred to the next-ranked continuing candidate on

18  each ballot in a single counting operation.

19         (6)  If the final two continuing candidates receive an

20  equal number of votes for the same office, such candidates

21  shall draw lots to determine which candidate is nominated.

22         (7)  The Division of Elections and the supervisors of

23  elections shall make ranked-choice or "instant runoff" voting

24  a component of their voter education programs.

25         Section 12.  Section 100.081, Florida Statutes, is

26  amended to read:

27         100.081  Conducting primary elections; Nomination of

28  county commissioners at primary election.--The primary

29  election elections shall provide for the nomination of county

30  commissioners by the qualified electors of such county at the

31  time and place set for voting on other county officers.

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  1         Section 13.  Paragraph (c) of subsection (1),

  2  subsection (3), and paragraph (a) of subsection (4) of section

  3  100.111, Florida Statutes, are amended to read:

  4         100.111  Filling vacancy.--

  5         (1)

  6         (c)  If such a vacancy occurs prior to the first

  7  primary election but on or after the first day set by law for

  8  qualifying, the Secretary of State shall set dates for

  9  qualifying for the unexpired portion of the term of such

10  office. Any person seeking nomination or election to the

11  unexpired portion of the term shall qualify within the time

12  set by the Secretary of State.  If time does not permit party

13  nominations to be made in conjunction with the first and

14  second primary election elections, the Governor may call a

15  special primary election, and, if necessary, a second special

16  primary election, to select party nominees for the unexpired

17  portion of such term.

18         (3)  Whenever there is a vacancy for which a special

19  election is required pursuant to s. 100.101(1)-(4), the

20  Governor, after consultation with the Secretary of State,

21  shall fix the dates date of a special first primary election,

22  a special second primary election, and a special election.

23  Nominees of political parties other than minor political

24  parties shall be chosen under the primary laws of this state

25  in the special primary election elections to become candidates

26  in the special election.  Prior to setting the special

27  election dates, the Governor shall consider any upcoming

28  elections in the jurisdiction where the special election will

29  be held.  The dates fixed by the Governor shall be specific

30  days certain and shall not be established by the happening of

31  a condition or stated in the alternative.  The dates fixed

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  1  shall provide a minimum of 2 weeks between each election.  In

  2  the event a vacancy occurs in the office of state senator or

  3  member of the House of Representatives when the Legislature is

  4  in regular legislative session, the minimum times prescribed

  5  by this subsection may be waived upon concurrence of the

  6  Governor, the Speaker of the House of Representatives, and the

  7  President of the Senate.  If a vacancy occurs in the office of

  8  state senator and no session of the Legislature is scheduled

  9  to be held prior to the next general election, the Governor

10  may fix the dates for the any special primary election and for

11  the special election to coincide with the dates of the first

12  and second primary election and general election.  If a

13  vacancy in office occurs in any district in the state Senate

14  or House of Representatives or in any congressional district,

15  and no session of the Legislature, or session of Congress if

16  the vacancy is in a congressional district, is scheduled to be

17  held during the unexpired portion of the term, the Governor is

18  not required to call a special election to fill such vacancy.

19         (a)  The dates for candidates to qualify in such

20  special election or special primary election shall be fixed by

21  the Department of State, and candidates shall qualify not

22  later than noon of the last day so fixed.  The dates fixed for

23  qualifying shall allow a minimum of 14 days between the last

24  day of qualifying and the special first primary election.

25         (b)  The filing of campaign expense statements by

26  candidates in such special elections or special primaries and

27  by committees making contributions or expenditures to

28  influence the results of such special primaries or special

29  elections shall be not later than such dates as shall be fixed

30  by the Department of State, and in fixing such dates the

31

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  1  Department of State shall take into consideration and be

  2  governed by the practical time limitations.

  3         (c)  The dates for a candidate to qualify by the

  4  alternative method in such special primary or special election

  5  shall be fixed by the Department of State.  In fixing such

  6  dates the Department of State shall take into consideration

  7  and be governed by the practical time limitations. Any

  8  candidate seeking to qualify by the alternative method in a

  9  special primary election shall obtain 25 percent of the

10  signatures required by s. 99.095, s. 99.0955, or s. 99.096, as

11  applicable.

12         (d)  The qualifying fees and party assessments of such

13  candidates as may qualify shall be the same as collected for

14  the same office at the last previous primary for that office.

15  The party assessment shall be paid to the appropriate

16  executive committee of the political party to which the

17  candidate belongs.

18         (e)  Each county canvassing board shall make as speedy

19  a return of the result of such special primary elections and

20  special elections and primaries as time will permit, and the

21  Elections Canvassing Commission likewise shall make as speedy

22  a canvass and declaration of the nominees as time will permit.

23         (4)(a)  In the event that death, resignation,

24  withdrawal, removal, or any other cause or event should cause

25  a party to have a vacancy in nomination which leaves no

26  candidate for an office from such party, the Governor shall,

27  after conferring with the Secretary of State, call a special

28  primary election and, if necessary, a second special primary

29  election to select for such office a nominee of such political

30  party.  The dates on which candidates may qualify for such

31  special primary election shall be fixed by the Department of

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  1  State, and the candidates shall qualify no later than noon of

  2  the last day so fixed. The filing of campaign expense

  3  statements by candidates in special primary elections

  4  primaries shall not be later than such dates as shall be fixed

  5  by the Department of State.  In fixing such dates, the

  6  Department of State shall take into consideration and be

  7  governed by the practical time limitations.  The qualifying

  8  fees and party assessment of such candidates as may qualify

  9  shall be the same as collected for the same office at the last

10  previous primary for that office.  Each county canvassing

11  board shall make as speedy a return of the results of such

12  special primary elections primaries as time will permit, and

13  the Elections Canvassing Commission shall likewise make as

14  speedy a canvass and declaration of the nominees as time will

15  permit.

16         Section 14.  Subsection (2) of section 100.141, Florida

17  Statutes, is amended to read:

18         100.141  Notice of special election to fill any vacancy

19  in office or nomination.--

20         (2)  The Department of State shall prepare a notice

21  stating what offices and vacancies are to be filled in the

22  special election, the dates date set for the each special

23  primary election and the special election, the dates fixed for

24  qualifying for office, the dates fixed for qualifying by the

25  alternative method, and the dates fixed for filing campaign

26  expense statements.

27         Section 15.  Subsection (5) is amended, and subsection

28  (8) of section 101.151, Florida Statutes, is re-enacted to

29  read:

30         101.151  Specifications for ballots.--

31

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  1         (5)(a)  The primary election ballot shall allow voters

  2  to rank a number of choices in order of preference equal to

  3  the total number of candidates for each office; however, if

  4  five or more candidates are participating in the election, the

  5  total number of allowable rankings shall be limited to four.

  6  The ballot shall in no way impede a voter's ability to cast a

  7  vote for a write-in candidate.

  8         (b)  The primary election ballot shall also be arranged

  9  so that the offices of Governor and Lieutenant Governor are

10  joined in a single voting space to allow each elector to cast

11  a single vote for the joint candidacies for Governor and

12  Lieutenant Governor, if applicable.

13         (8)(a)  The Department of State shall adopt rules

14  prescribing a uniform primary and general election ballot for

15  each certified voting system. The rules shall incorporate the

16  requirements set forth in this section and shall prescribe

17  additional matters and forms that include, without limitation:

18         1.  Clear and unambiguous ballot instructions and

19  directions;

20         2.  Individual race layout; and

21         3.  Overall ballot layout.

22         (b)  The department rules shall graphically depict a

23  sample uniform primary and general election ballot form for

24  each certified voting system.

25         Section 16.  Present subsections (6) through (15) of

26  section 101.5606, Florida Statutes, are redesignated as

27  subsections (7) through (16), and a new subsection (6) is

28  added to that section, to read:

29         101.5606  Requirements for approval of systems.--No

30  electronic or electromechanical voting system shall be

31

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  1  approved by the Department of State unless it is so

  2  constructed that:

  3         (6)  It is capable of accommodating the system of

  4  ranked-choice or "instant runoff" primary balloting.

  5         Section 17.  Subsection (2) of section 101.252, Florida

  6  Statutes, is amended to read:

  7         101.252  Candidates entitled to have names printed on

  8  certain ballots; exception.--

  9         (2)  Any candidate for party executive committee member

10  who has qualified as prescribed by law is entitled to have his

11  or her name printed on the first primary election ballot.

12  However, when there is only one candidate of any political

13  party qualified for such an office, the name of the candidate

14  shall not be printed on the first primary election ballot, and

15  such candidate shall be declared elected to the state or

16  county executive committee.

17         Section 18.  Subsection (4) of section 101.62, Florida

18  Statutes, is amended to read:

19         101.62  Request for absentee ballots.--

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

21  has requested an absentee ballot, the supervisor of elections

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

23  election, mail an absentee ballot not fewer than 35 days

24  before the primary or general election. Not fewer than 45 days

25  before the second primary and general election, the supervisor

26  of elections shall mail an advance absentee ballot to those

27  persons requesting ballots for such elections.  The advance

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

29  the first primary absentee ballot as to the names of

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

31  two candidates, those offices and all political party

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  1  executive committee offices shall be omitted.  Except as

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

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

  4  that in the case of candidates of political parties where

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

  6  the candidates placing first and second in the first primary

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

  8  advance absentee ballot or advance absentee ballot information

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

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

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

12  shall mail an advance absentee ballot for the second primary

13  and general election to each qualified absent elector for whom

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

15  The supervisor shall enclose with the advance second primary

16  absentee ballot and advance general election absentee ballot

17  an explanation stating that the absentee ballot for the

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

19  the advance absentee ballot and the absentee ballot for the

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

21  ballot will be counted. The Department of State may prescribe

22  by rule the requirements for preparing and mailing absentee

23  ballots to absent qualified electors overseas.

24         (b)  As soon as the remainder of the absentee ballots

25  are printed, The supervisor shall provide an absentee ballot

26  to each elector by whom a request for that ballot has been

27  made by one of the following means:

28         1.  By nonforwardable, return-if-undeliverable mail to

29  the elector's current mailing address on file with the

30  supervisor, unless the elector specifies in the request that:

31

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  1         a.  The elector is absent from the county and does not

  2  plan to return before the day of the election;

  3         b.  The elector is temporarily unable to occupy the

  4  residence because of hurricane, tornado, flood, fire, or other

  5  emergency or natural disaster; or

  6         c.  The elector is in a hospital, assisted-living

  7  facility, nursing home, short-term medical or rehabilitation

  8  facility, or correctional facility,

  9

10  in which case the supervisor shall mail the ballot by

11  nonforwardable, return-if-undeliverable mail to any other

12  address the elector specifies in the request.

13         2.  By forwardable mail to voters who are entitled to

14  vote by absentee ballot under the Uniformed and Overseas

15  Citizens Voting Act.

16         3.  By personal delivery to the elector, upon

17  presentation of the identification required in s. 101.657.

18         4.  By delivery to a designee on election day or up to

19  4 days prior to the day of an election. Any elector may

20  designate in writing a person to pick up the ballot for the

21  elector; however, the person designated may not pick up more

22  than two absentee ballots per election, other than the

23  designee's own ballot, except that additional ballots may be

24  picked up for members of the designee's immediate family.  For

25  purposes of this section, "immediate family" means the

26  designee's spouse or the parent, child, grandparent, or

27  sibling of the designee or of the designee's spouse.  The

28  designee shall provide to the supervisor the written

29  authorization by the elector and a picture identification of

30  the designee and must complete an affidavit.  The designee

31  shall state in the affidavit that the designee is authorized

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  1  by the elector to pick up that ballot and shall indicate if

  2  the elector is a member of the designee's immediate family

  3  and, if so, the relationship.  The department shall prescribe

  4  the form of the affidavit. If the supervisor is satisfied that

  5  the designee is authorized to pick up the ballot and that the

  6  signature of the elector on the written authorization matches

  7  the signature of the elector on file, the supervisor shall

  8  give the ballot to that designee for delivery to the elector.

  9         Section 19.  Paragraph (c) of subsection (4) of section

10  102.014, Florida Statutes, is repealed.

11         Section 20.  Subsection (3) and paragraph (b) of

12  subsection (4) of section 103.021, Florida Statutes, are

13  amended to read:

14         103.021  Nomination for presidential

15  electors.--Candidates for presidential electors shall be

16  nominated in the following manner:

17         (3)  Candidates for President and Vice President with

18  no party affiliation may have their names printed on the

19  general election ballots if a petition is signed by 1 percent

20  of the registered electors of this state, as shown by the

21  compilation by the Department of State for the last preceding

22  general election.  A separate petition from each county for

23  which signatures are solicited shall be submitted to the

24  supervisor of elections of the respective county no later than

25  July 15 of each presidential election year. The supervisor

26  shall check the names and, on or before the date of the first

27  primary election, shall certify the number shown as registered

28  electors of the county. The supervisor shall be paid by the

29  person requesting the certification the cost of checking the

30  petitions as prescribed in s. 99.097.  The supervisor shall

31  then forward the certificate to the Department of State which

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  1  shall determine whether or not the percentage factor required

  2  in this section has been met.  When the percentage factor

  3  required in this section has been met, the Department of State

  4  shall order the names of the candidates for whom the petition

  5  was circulated to be included on the ballot and shall permit

  6  the required number of persons to be certified as electors in

  7  the same manner as party candidates.

  8         (4)

  9         (b)  A minor party that is not affiliated with a

10  national party holding a national convention to nominate

11  candidates for President and Vice President of the United

12  States may have the names of its candidates for President and

13  Vice President printed on the general election ballot if a

14  petition is signed by 1 percent of the registered electors of

15  this state, as shown by the compilation by the Department of

16  State for the preceding general election.  A separate petition

17  from each county for which signatures are solicited shall be

18  submitted to the supervisors of elections of the respective

19  county no later than July 15 of each presidential election

20  year.  The supervisor shall check the names and, on or before

21  the date of the first primary election, shall certify the

22  number shown as registered electors of the county. The

23  supervisor shall be paid by the person requesting the

24  certification the cost of checking the petitions as prescribed

25  in s. 99.097.  The supervisor shall then forward the

26  certificate to the Department of State, which shall determine

27  whether or not the percentage factor required in this section

28  has been met.  When the percentage factor required in this

29  section has been met, the Department of State shall order the

30  names of the candidates for whom the petition was circulated

31  to be included on the ballot and shall permit the required

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  1  number of persons to be certified as electors in the same

  2  manner as other party candidates.

  3         Section 21.  Section 103.022, Florida Statutes, is

  4  amended to read:

  5         103.022  Write-in candidates for President and Vice

  6  President.--Persons seeking to qualify for election as

  7  write-in candidates for President and Vice President of the

  8  United States may have a blank space provided on the general

  9  election ballot for their names to be written in by filing an

10  oath with the Department of State at any time after the 57th

11  day, but before noon of the 49th day, prior to the date of the

12  first primary election in the year in which a presidential

13  election is held. The Department of State shall prescribe the

14  form to be used in administering the oath.  The candidates

15  shall file with the department a certificate naming the

16  required number of persons to serve as electors.  Such

17  write-in candidates shall not be entitled to have their names

18  on the ballot.

19         Section 22.  Subsection (4) of section 103.091, Florida

20  Statutes, is amended to read:

21         103.091  Political parties.--

22         (4)  Any political party other than a minor political

23  party may by rule provide for the membership of its state or

24  county executive committee to be elected for 4-year terms at

25  the first primary election in each year a presidential

26  election is held. The terms shall commence on the first day of

27  the month following each presidential general election; but

28  the names of candidates for political party offices shall not

29  be placed on the ballot at any other election. The results of

30  such election shall be determined by a plurality of the votes

31  cast. In such event, electors seeking to qualify for such

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  1  office shall do so with the Department of State or supervisor

  2  of elections not earlier than noon of the 57th day, or later

  3  than noon of the 53rd day, preceding the first primary

  4  election. The outgoing chair of each county executive

  5  committee shall, within 30 days after the committee members

  6  take office, hold an organizational meeting of all newly

  7  elected members for the purpose of electing officers. The

  8  chair of each state executive committee shall, within 60 days

  9  after the committee members take office, hold an

10  organizational meeting of all newly elected members for the

11  purpose of electing officers.

12         Section 23.  Subsection (1) of section 105.031, Florida

13  Statutes, is amended to read:

14         105.031  Qualification; filing fee; candidate's oath;

15  items required to be filed.--

16         (1)  TIME OF QUALIFYING.--Except for candidates for

17  judicial office, nonpartisan candidates for multicounty office

18  shall qualify with the Division of Elections of the Department

19  of State and nonpartisan candidates for countywide or less

20  than countywide office shall qualify with the supervisor of

21  elections. Candidates for judicial office other than the

22  office of county court judge shall qualify with the Division

23  of Elections of the Department of State, and candidates for

24  the office of county court judge shall qualify with the

25  supervisor of elections of the county.  Candidates for

26  judicial office shall qualify no earlier than noon of the

27  120th day, and no later than noon of the 116th day, before the

28  first primary election. Candidates for the office of school

29  board member shall qualify no earlier than noon of the 50th

30  day, and no later than noon of the 46th day, before the first

31  primary election.  Filing shall be on forms provided for that

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  1  purpose by the Division of Elections and furnished by the

  2  appropriate qualifying officer. Any person seeking to qualify

  3  by the alternative method, as set forth in s. 105.035, if the

  4  person has submitted the necessary petitions by the required

  5  deadline and is notified after the fifth day prior to the last

  6  day for qualifying that the required number of signatures has

  7  been obtained, shall be entitled to subscribe to the

  8  candidate's oath and file the qualifying papers at any time

  9  within 5 days from the date he or she is notified that the

10  necessary number of signatures has been obtained.  Any person

11  other than a write-in candidate who qualifies within the time

12  prescribed in this subsection shall be entitled to have his or

13  her name printed on the ballot.

14         Section 24.  Subsections (1) and (2) of section

15  105.041, Florida Statutes, are amended to read:

16         105.041  Form of ballot.--

17         (1)  BALLOTS.--The names of candidates for nonpartisan

18  judicial office and candidates for the office of school board

19  member which appear on the ballot at the first primary

20  election must shall either be grouped together on a separate

21  portion of the ballot or on a separate ballot. The names of

22  candidates for election to nonpartisan judicial office and

23  candidates for the office of school board member which appear

24  on the ballot at the general election and the names of

25  justices and judges seeking retention to office must shall be

26  grouped together on a separate portion of the general election

27  ballot.

28         (2)  LISTING OF CANDIDATES.--

29         (a)  Except as provided in paragraph (b), the order of

30  nonpartisan offices appearing on the ballot shall be

31  determined by the Department of State. The names of candidates

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  1  for election to each nonpartisan office shall be listed in

  2  alphabetical order.  With respect to retention of justices and

  3  judges, the question "Shall Justice (or Judge) (name of

  4  justice or judge) of the (name of the court) be retained in

  5  office?" shall appear on the ballot in alphabetical order and

  6  thereafter the words "Yes" and "No."

  7         (b)1.  The names of candidates for the office of

  8  circuit judge shall be listed on the first primary election

  9  ballot in the order determined by lot conducted by the

10  director of the Division of Elections of the Department of

11  State after the close of the qualifying period.

12         2.  Candidates who have secured a position on the

13  general election ballot, after having survived elimination at

14  the first primary election, shall have their names listed in

15  the same order as on the first primary election ballot,

16  notwithstanding the elimination of any intervening names as a

17  result of the first primary election.

18         Section 25.  Paragraph (b) of subsection (1) of section

19  105.051, Florida Statutes, is amended to read:

20         105.051  Determination of election or retention to

21  office.--

22         (1)  ELECTION.--In circuits and counties holding

23  elections:

24         (b)  If two or more candidates, neither of whom is a

25  write-in candidate, qualify for such an office, the names of

26  those candidates shall be placed on the ballot at the first

27  primary election. If any candidate for such office receives a

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

29  primary election, the name of the candidate who receives such

30  majority shall not appear on any other ballot unless a

31  write-in candidate has qualified for such office. An unopposed

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  1  candidate shall be deemed to have voted for himself or herself

  2  at the general election. If no candidate for such office

  3  receives a majority of the votes cast for such office in the

  4  first primary election, the names of the two candidates

  5  receiving the highest number of votes for such office shall be

  6  placed on the general election ballot. If more than two

  7  candidates receive an equal and highest number of votes, the

  8  name of each candidate receiving an equal and highest number

  9  of votes shall be placed on the general election ballot.  In

10  any contest in which there is a tie for second place and the

11  candidate placing first did not receive a majority of the

12  votes cast for such office, the name of the candidate placing

13  first and the name of each candidate tying for second shall be

14  placed on the general election ballot.

15         Section 26.  Paragraphs (a) and (b) of subsection (1)

16  of section 106.07, Florida Statutes, are amended to read:

17         106.07  Reports; certification and filing.--

18         (1)  Each campaign treasurer designated by a candidate

19  or political committee pursuant to s. 106.021 shall file

20  regular reports of all contributions received, and all

21  expenditures made, by or on behalf of such candidate or

22  political committee.  Reports shall be filed on the 10th day

23  following the end of each calendar quarter from the time the

24  campaign treasurer is appointed, except that, if the 10th day

25  following the end of a calendar quarter occurs on a Saturday,

26  Sunday, or legal holiday, the report shall be filed on the

27  next following day which is not a Saturday, Sunday, or legal

28  holiday.  Quarterly reports shall include all contributions

29  received and expenditures made during the calendar quarter

30  which have not otherwise been reported pursuant to this

31  section.

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  1         (a)  Except as provided in paragraph (b), following the

  2  last day of qualifying for office, the reports shall be filed

  3  on the 32nd, 18th, and 4th days immediately preceding the

  4  first primary and on the 46th, 32nd, 18th, and 4th days

  5  immediately preceding the primary and general election, for a

  6  candidate who is opposed in seeking nomination or election to

  7  any office, for a political committee, or for a committee of

  8  continuous existence.

  9         (b)  Following the last day of qualifying for office,

10  any statewide candidate who has requested to receive

11  contributions from the Election Campaign Financing Trust Fund

12  or any statewide candidate in a race with a candidate who has

13  requested to receive contributions from the trust fund shall

14  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

15  to the first primary election and general elections, and on

16  the 4th, 11th, 18th, and 25th, 32nd, 39th, 46th, and 53rd days

17  prior to the general election second primary.

18         Section 27.  Paragraph (c) of subsection (1) of section

19  106.08, Florida Statutes, is amended to read:

20         106.08  Contributions; limitations on.--

21         (1)

22         (c)  The contribution limits of this subsection apply

23  to each election. For purposes of this subsection, the first

24  primary election, second primary, and general election are

25  separate elections so long as the candidate is not an

26  unopposed candidate as defined in s. 106.011(15).  However,

27  for the purpose of contribution limits with respect to

28  candidates for retention as a justice or judge, there is only

29  one election, which is the general election. With respect to

30  candidates in a circuit holding an election for circuit judge

31  or in a county holding an election for county court judge,

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  1  there are only two elections, which are the first primary

  2  election and general election.

  3         Section 28.  Subsection (1) of section 106.29, Florida

  4  Statutes, is amended to read:

  5         106.29  Reports by political parties; restrictions on

  6  contributions and expenditures; penalties.--

  7         (1)  The state executive committee and each county

  8  executive committee of each political party regulated by

  9  chapter 103 shall file regular reports of all contributions

10  received and all expenditures made by such committee.  Such

11  reports shall contain the same information as do reports

12  required of candidates by s. 106.07 and shall be filed on the

13  10th day following the end of each calendar quarter, except

14  that, during the period from the last day for candidate

15  qualifying until the general election, such reports shall be

16  filed on the Friday immediately preceding both the first

17  primary election, the second primary election, and the general

18  election.  Each state executive committee shall file the

19  original and one copy of its reports with the Division of

20  Elections.  Each county executive committee shall file its

21  reports with the supervisor of elections in the county in

22  which such committee exists.  Any state or county executive

23  committee failing to file a report on the designated due date

24  shall be subject to a fine as provided in subsection (3).  No

25  separate fine shall be assessed for failure to file a copy of

26  any report required by this section.

27         Section 29.  Any voting system certified for use in the

28  state on January 2, 2004, must meet the new certification

29  requirements of section 101.5606, Florida Statutes, by July 1,

30  2004.

31

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  1         Section 30.  This act shall take effect January 2,

  2  2004.

  3

  4            *****************************************

  5                          SENATE SUMMARY

  6    Eliminates the second primary election and revises
      provisions to conform to the elimination of the second
  7    primary election. Provides for a ranked choice or
      "instant" runoff voting process for the primary election.
  8    Provides certification requirements for voting systems.

  9

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