HB 1673

1	A bill to be entitled
2	An act relating to the second primary election; repealing
3	s. 100.091, F.S.; eliminating the second primary election;
4	repealing s. 100.096, F.S., relating to the holding of
5	special elections in conjunction with the second primary
6	election, to conform; amending s. 97.021, F.S., relating
7	to the definition of "primary election," to conform;
8	amending ss. 97.055, 97.071, 97.1031, and 98.081, F.S.,
9	relating to restrictions on changing party affiliation
10	between primary elections, to conform; amending ss. 99.061
11	and 99.095, F.S., relating to qualifying for nomination or
12	election to office, to conform; amending s. 99.063, F.S.;
13	adjusting the date to designate a Lieutenant Governor
14	running mate, to conform; amending ss. 99.103, 100.061,
15	100.081, 100.111, 100.141, 101.252, 101.62, 102.014,
16	103.021, 103.022, 103.091, 105.031, 105.041, 105.051,
17	106.07, 106.08, and 106.29, F.S., F.S.; revising
18	references, to conform to the elimination of the second
19	primary election; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Sections 100.091 and 100.096, Florida Statutes,
24	are repealed.
25	Section 2.  Subsection (25) of section 97.021, Florida
26	Statutes, is amended to read:
27	97.021  Definitions.--For the purposes of this code, except
28	where the context clearly indicates otherwise, the term:
29	(25)  "Primary election" means an election held preceding
30	the general election for the purpose of nominating a party
31	nominee to be voted for in the general election to fill a
32	national, state, county, or district office. The first primary
33	is a nomination or elimination election; the second primary is a
34	nominating election only.
35	Section 3.  Subsection (1) of section 97.055, Florida
36	Statutes, is amended to read:
37	97.055  Registration books; when closed for an election.--
38	(1)  The registration books must be closed on the 29th day
39	before each election and must remain closed until after that
40	election. If an election is called and there are fewer than 29
41	days before that election, the registration books must be closed
42	immediately. When the registration books are closed for an
43	election, voter registration and party changes must be accepted
44	but only for the purpose of subsequent elections. However, party
45	changes received between the book-closing date of the first
46	primary election and the date of the second primary election are
47	not effective until after the second primary election.
48	Section 4.  Subsection (3) of section 97.071, Florida
49	Statutes, is amended to read:
50	97.071  Registration identification card.--
51	(3)  In the case of a change of name, address, or party
52	affiliation, the supervisor must issue the voter a new
53	registration identification card. However, a registration
54	identification card indicating a party affiliation change made
55	between the book-closing date for the first primary election and
56	the date of the second primary election may not be issued until
57	after the second primary election.
58	Section 5.  Subsection (3) of section 97.1031, Florida
59	Statutes, is amended to read:
60	97.1031  Notice of change of residence within the same
61	county, change of name, or change of party.--
62	(3)  When an elector seeks to change party affiliation, the
63	elector must provide a signed, written notification of such
64	intent to the supervisor and obtain a registration
65	identification card reflecting the new party affiliation,
66	subject to the issuance restriction in s. 97.071(3).
67	Section 6.  Section 98.081, Florida Statutes, is amended to
68	read:
69	98.081  Names removed from registration books; restrictions
70	on reregistering; recordkeeping; restoration of erroneously or
71	illegally removed names.--
72	(1)  Any person who requested that his or her name be
73	removed from the registration books between the book-closing
74	date of the first primary and the date of the second primary may
75	not register in a different political party until after the date
76	of the second primary election.
77	(1)(2)  When the name of any elector is removed from the
78	registration books pursuant to s. 98.065, s. 98.075, or s.
79	98.093, the elector's original registration form shall be filed
80	alphabetically in the office of the supervisor. As alternatives,
81	registrations removed from the registration books may be
82	microfilmed and such microfilms substituted for the original
83	registration forms; or, when voter registration information,
84	including the voter's signature, is maintained digitally or on
85	electronic, magnetic, or optic media, such stored information
86	may be substituted for the original registration form. Such
87	microfilms or stored information shall be retained in the
88	custody of the supervisor. In the event the original
89	registration forms are microfilmed or maintained digitally or on
90	electronic or other media, such originals may be destroyed in
91	accordance with the schedule approved by the Bureau of Archives
92	and Records Management of the Division of Library and
93	Information Services of the department.
94	(2)(3)  When the name of any elector has been erroneously
95	or illegally removed from the registration books, the name of
96	the elector shall be restored by the supervisor upon
97	satisfactory proof, even though the registration period for that
98	election is closed.
99	Section 7.  Subsections (1), (2), and (8) of section
100	99.061, Florida Statutes, are amended to read:
101	99.061  Method of qualifying for nomination or election to
102	federal, state, county, or district office.--
103	(1)  The provisions of any special act to the contrary
104	notwithstanding, each person seeking to qualify for nomination
105	or election to a federal, state, or multicounty district office,
106	other than election to a judicial office as defined in chapter
107	105 or the office of school board member, shall file his or her
108	qualification papers with, and pay the qualifying fee, which
109	shall consist of the filing fee and election assessment, and
110	party assessment, if any has been levied, to, the Department of
111	State, or qualify by the alternative method with the Department
112	of State, at any time after noon of the 1st day for qualifying,
113	which shall be as follows: the 120th day prior to the first
114	primary election, but not later than noon of the 116th day prior
115	to the date of the first primary election, for persons seeking
116	to qualify for nomination or election to federal office; and
117	noon of the 50th day prior to the first primary election, but
118	not later than noon of the 46th day prior to the date of the
119	first primary election, for persons seeking to qualify for
120	nomination or election to a state or multicounty district
121	office.
122	(2)  The provisions of any special act to the contrary
123	notwithstanding, each person seeking to qualify for nomination
124	or election to a county office, or district or special district
125	office not covered by subsection (1), shall file his or her
126	qualification papers with, and pay the qualifying fee, which
127	shall consist of the filing fee and election assessment, and
128	party assessment, if any has been levied, to, the supervisor of
129	elections of the county, or shall qualify by the alternative
130	method with the supervisor of elections, at any time after noon
131	of the 1st day for qualifying, which shall be the 50th day prior
132	to the first primary election or special district election, but
133	not later than noon of the 46th day prior to the date of the
134	first primary election or special district election. However, if
135	a special district election is held at the same time as the
136	second primary or general election, qualifying shall be the 50th
137	day prior to the first primary election, but not later than noon
138	of the 46th day prior to the date of the first primary election.
139	Within 30 days after the closing of qualifying time, the
140	supervisor of elections shall remit to the secretary of the
141	state executive committee of the political party to which the
142	candidate belongs the amount of the filing fee, two-thirds of
143	which shall be used to promote the candidacy of candidates for
144	county offices and the candidacy of members of the Legislature.
145	(8)  Notwithstanding the qualifying period prescribed by
146	this section, in each year in which the Legislature apportions
147	the state, the qualifying period for persons seeking to qualify
148	for nomination or election to federal office shall be between
149	noon of the 57th day prior to the first primary election, but
150	not later than noon of the 53rd day prior to the first primary
151	election.
152	Section 8.  Subsections (1), (2), and (4) of section
153	99.063, Florida Statutes, are amended to read:
154	99.063  Candidates for Governor and Lieutenant Governor.--
155	(1)  No later than 5 p.m. of the 9th day following the
156	second primary election, each candidate for Governor shall
157	designate a Lieutenant Governor as a running mate. Such
158	designation must be made in writing to the Department of State.
159	(2)  No later than 5 p.m. of the 9th day following the
160	second primary election, each designated candidate for
161	Lieutenant Governor shall file with the Department of State:
162	(a)  The candidate's oath required by s. 99.021, which must
163	contain the name of the candidate as it is to appear on the
164	ballot; the office sought; and the signature of the candidate,
165	duly acknowledged.
166	(b)  The loyalty oath required by s. 876.05, signed by the
167	candidate and duly acknowledged.
168	(c)  If the office sought is partisan, the written
169	statement of political party affiliation required by s.
170	99.021(1)(b).
171	(d)  The full and public disclosure of financial interests
172	pursuant to s. 8, Art. II of the State Constitution.
173	(4)  In order to have the name of the candidate for
174	Lieutenant Governor printed on the first or second primary
175	election ballot, a candidate for Governor participating in the
176	primary must designate the candidate for Lieutenant Governor,
177	and the designated candidate must qualify no later than the end
178	of the qualifying period specified in s. 99.061. If the
179	candidate for Lieutenant Governor has not been designated and
180	has not qualified by the end of the qualifying period specified
181	in s. 99.061, the phrase "Not Yet Designated" must be included
182	in lieu of the candidate's name on the primary election ballot
183	ballots and on advance absentee ballots for the general
184	election.
185	Section 9.  Subsection (1) of section 99.095, Florida
186	Statutes, is amended to read:
187	99.095  Alternative method of qualifying.--
188	(1)  A person seeking to qualify for nomination to any
189	office may qualify to have his or her name placed on the ballot
190	for the first primary election by means of the petitioning
191	process prescribed in this section. A person qualifying by this
192	alternative method shall not be required to pay the qualifying
193	fee or party assessment required by this chapter. A person using
194	this petitioning process shall file an oath with the officer
195	before whom the candidate would qualify for the office stating
196	that he or she intends to qualify by this alternative method for
197	the office sought. If the person is running for an office which
198	will be grouped on the ballot with two or more similar offices
199	to be filled at the same election, the candidate must indicate
200	in his or her oath for which group or district office he or she
201	is running. The oath shall be filed at any time after the first
202	Tuesday after the first Monday in January of the year in which
203	the first primary election is held, but prior to the 21st day
204	preceding the first day of the qualifying period for the office
205	sought. The Department of State shall prescribe the form to be
206	used in administering and filing such oath. No signatures shall
207	be obtained by a candidate on any nominating petition until the
208	candidate has filed the oath required in this section. If the
209	person is running for an office which will be grouped on the
210	ballot with two or more similar offices to be filled at the same
211	election and the petition does not indicate the group or
212	district office for which the person is running, the signatures
213	obtained on such petition will not be counted.
214	Section 10.  Section 99.103, Florida Statutes, is amended
215	to read:
216	99.103  Department of State to remit part of filing fees
217	and party assessments of candidates to state executive
218	committee.--
219	(1)  If more than three-fourths of the full authorized
220	membership of the state executive committee of any party was
221	elected at the last previous election for such members and if
222	such party is declared by the Department of State to have
223	recorded on the registration books of the counties, as of the
224	first Tuesday after the first Monday in January prior to the
225	first primary election in general election years, 5 percent of
226	the total registration of such counties when added together,
227	such committee shall receive, for the purpose of meeting its
228	expenses, all filing fees collected by the Department of State
229	from its candidates less an amount equal to 15 percent of the
230	filing fees, which amount the Department of State shall deposit
231	in the General Revenue Fund of the state.
232	(2)  Not later than 20 days after the close of qualifying
233	in even-numbered years, the Department of State shall remit 95
234	percent of all filing fees, less the amount deposited in general
235	revenue pursuant to subsection (1), or party assessments that
236	may have been collected by the department to the respective
237	state executive committees of the parties complying with
238	subsection (1). Party assessments collected by the Department of
239	State shall be remitted to the appropriate state executive
240	committee, irrespective of other requirements of this section,
241	provided such committee is duly organized under the provisions
242	of chapter 103. The remainder of filing fees or party
243	assessments collected by the Department of State shall be
244	remitted to the appropriate state executive committees not later
245	than the date of the first primary election.
246	Section 11.  Section 100.061, Florida Statutes, is amended
247	to read:
248	100.061  First Primary election.--In each year in which a
249	general election is held, a first primary election for
250	nomination of candidates of political parties shall be held on
251	the Tuesday 9 weeks prior to the general election. The Each
252	candidate receiving the highest number a majority of the votes
253	cast in each contest in the first primary election shall be
254	declared nominated for such office. If two or more candidates
255	receive an equal and highest number of votes for the same
256	office, such candidates shall draw lots to determine which
257	candidate is nominated. A second primary election shall be held
258	as provided by s. 100.091 in every contest in which a candidate
259	does not receive a majority.
260	Section 12.  Section 100.081, Florida Statutes, is amended
261	to read:
262	100.081  Conducting primary elections; Nomination of county
263	commissioners at primary election.--The primary election
264	elections shall provide for the nomination of county
265	commissioners by the qualified electors of such county at the
266	time and place set for voting on other county officers.
267	Section 13.  Paragraph (c) of subsection (1), subsection
268	(3), and paragraph (a) of subsection (4) of section 100.111,
269	Florida Statutes, are amended to read:
270	100.111  Filling vacancy.--
271	(1)
272	(c)  If such a vacancy occurs prior to the first primary
273	election but on or after the first day set by law for
274	qualifying, the Secretary of State shall set dates for
275	qualifying for the unexpired portion of the term of such office.
276	Any person seeking nomination or election to the unexpired
277	portion of the term shall qualify within the time set by the
278	Secretary of State. If time does not permit party nominations to
279	be made in conjunction with the first and second primary
280	election elections, the Governor may call a special primary
281	election, and, if necessary, a second special primary election,
282	to select party nominees for the unexpired portion of such term.
283	(3)  Whenever there is a vacancy for which a special
284	election is required pursuant to s. 100.101(1)-(4), the
285	Governor, after consultation with the Secretary of State, shall
286	fix the dates date of a special first primary election, a
287	special second primary election, and a special election.
288	Nominees of political parties other than minor political parties
289	shall be chosen under the primary laws of this state in the
290	special primary election elections to become candidates in the
291	special election. Prior to setting the special election dates,
292	the Governor shall consider any upcoming elections in the
293	jurisdiction where the special election will be held. The dates
294	fixed by the Governor shall be specific days certain and shall
295	not be established by the happening of a condition or stated in
296	the alternative. The dates fixed shall provide a minimum of 2
297	weeks between each election. In the event a vacancy occurs in
298	the office of state senator or member of the House of
299	Representatives when the Legislature is in regular legislative
300	session, the minimum times prescribed by this subsection may be
301	waived upon concurrence of the Governor, the Speaker of the
302	House of Representatives, and the President of the Senate. If a
303	vacancy occurs in the office of state senator and no session of
304	the Legislature is scheduled to be held prior to the next
305	general election, the Governor may fix the dates for the any
306	special primary election and for the special election to
307	coincide with the dates of the first and second primary election
308	and general election. If a vacancy in office occurs in any
309	district in the state Senate or House of Representatives or in
310	any congressional district, and no session of the Legislature,
311	or session of Congress if the vacancy is in a congressional
312	district, is scheduled to be held during the unexpired portion
313	of the term, the Governor is not required to call a special
314	election to fill such vacancy.
315	(a)  The dates for candidates to qualify in such special
316	election or special primary election shall be fixed by the
317	Department of State, and candidates shall qualify not later than
318	noon of the last day so fixed. The dates fixed for qualifying
319	shall allow a minimum of 14 days between the last day of
320	qualifying and the special first primary election.
321	(b)  The filing of campaign expense statements by
322	candidates in such special elections or special primaries and by
323	committees making contributions or expenditures to influence the
324	results of such special primaries or special elections shall be
325	not later than such dates as shall be fixed by the Department of
326	State, and in fixing such dates the Department of State shall
327	take into consideration and be governed by the practical time
328	limitations.
329	(c)  The dates for a candidate to qualify by the
330	alternative method in such special primary or special election
331	shall be fixed by the Department of State. In fixing such dates
332	the Department of State shall take into consideration and be
333	governed by the practical time limitations. Any candidate
334	seeking to qualify by the alternative method in a special
335	primary election shall obtain 25 percent of the signatures
336	required by s. 99.095, s. 99.0955, or s. 99.096, as applicable.
337	(d)  The qualifying fees and party assessments of such
338	candidates as may qualify shall be the same as collected for the
339	same office at the last previous primary for that office. The
340	party assessment shall be paid to the appropriate executive
341	committee of the political party to which the candidate belongs.
342	(e)  Each county canvassing board shall make as speedy a
343	return of the result of such special primary elections and
344	special elections and primaries as time will permit, and the
345	Elections Canvassing Commission likewise shall make as speedy a
346	canvass and declaration of the nominees as time will permit.
347	(4)(a)  In the event that death, resignation, withdrawal,
348	removal, or any other cause or event should cause a party to
349	have a vacancy in nomination which leaves no candidate for an
350	office from such party, the Governor shall, after conferring
351	with the Secretary of State, call a special primary election
352	and, if necessary, a second special primary election to select
353	for such office a nominee of such political party. The dates on
354	which candidates may qualify for such special primary election
355	shall be fixed by the Department of State, and the candidates
356	shall qualify no later than noon of the last day so fixed. The
357	filing of campaign expense statements by candidates in special
358	primary elections primaries shall not be later than such dates
359	as shall be fixed by the Department of State. In fixing such
360	dates, the Department of State shall take into consideration and
361	be governed by the practical time limitations. The qualifying
362	fees and party assessment of such candidates as may qualify
363	shall be the same as collected for the same office at the last
364	previous primary for that office. Each county canvassing board
365	shall make as speedy a return of the results of such special
366	primary elections primaries as time will permit, and the
367	Elections Canvassing Commission shall likewise make as speedy a
368	canvass and declaration of the nominees as time will permit.
369	Section 14.  Subsection (2) of section 100.141, Florida
370	Statutes, is amended to read:
371	100.141  Notice of special election to fill any vacancy in
372	office or nomination.--
373	(2)  The Department of State shall prepare a notice stating
374	what offices and vacancies are to be filled in the special
375	election, the dates date set for the each special primary
376	election and the special election, the dates fixed for
377	qualifying for office, the dates fixed for qualifying by the
378	alternative method, and the dates fixed for filing campaign
379	expense statements.
380	Section 15.  Subsection (2) of section 101.252, Florida
381	Statutes, is amended to read:
382	101.252  Candidates entitled to have names printed on
383	certain ballots; exception.--
384	(2)  Any candidate for party executive committee member who
385	has qualified as prescribed by law is entitled to have his or
386	her name printed on the first primary election ballot. However,
387	when there is only one candidate of any political party
388	qualified for such an office, the name of the candidate shall
389	not be printed on the first primary election ballot, and such
390	candidate shall be declared elected to the state or county
391	executive committee.
392	Section 16.  Subsection (4) of section 101.62, Florida
393	Statutes, is amended to read:
394	101.62  Request for absentee ballots.--
395	(4)(a)  To each absent qualified elector overseas who has
396	requested an absentee ballot, the supervisor of elections shall,
397	not fewer than 35 days before the first primary election, mail
398	an absentee ballot not fewer than 35 days before the primary or
399	general election. Not fewer than 45 days before the second
400	primary and general election, the supervisor of elections shall
401	mail an advance absentee ballot to those persons requesting
402	ballots for such elections. The advance absentee ballot for the
403	second primary shall be the same as the first primary absentee
404	ballot as to the names of candidates, except that for any
405	offices where there are only two candidates, those offices and
406	all political party executive committee offices shall be
407	omitted. Except as provided in ss. 99.063(4) and 100.371(6), the
408	advance absentee ballot for the general election shall be as
409	specified in s. 101.151, except that in the case of candidates
410	of political parties where nominations were not made in the
411	first primary, the names of the candidates placing first and
412	second in the first primary election shall be printed on the
413	advance absentee ballot. The advance absentee ballot or advance
414	absentee ballot information booklet shall be of a different
415	color for each election and also a different color from the
416	absentee ballots for the first primary, second primary, and
417	general election. The supervisor shall mail an advance absentee
418	ballot for the second primary and general election to each
419	qualified absent elector for whom a request is received until
420	the absentee ballots are printed. The supervisor shall enclose
421	with the advance second primary absentee ballot and advance
422	general election absentee ballot an explanation stating that the
423	absentee ballot for the election will be mailed as soon as it is
424	printed; and, if both the advance absentee ballot and the
425	absentee ballot for the election are returned in time to be
426	counted, only the absentee ballot will be counted. The
427	Department of State may prescribe by rule the requirements for
428	preparing and mailing absentee ballots to absent qualified
429	electors overseas.
430	(b)  As soon as the remainder of the absentee ballots are
431	printed, The supervisor shall provide an absentee ballot to each
432	elector by whom a request for that ballot has been made by one
433	of the following means:
434	1.  By nonforwardable, return-if-undeliverable mail to the
435	elector's current mailing address on file with the supervisor,
436	unless the elector specifies in the request that:
437	a.  The elector is absent from the county and does not plan
438	to return before the day of the election;
439	b.  The elector is temporarily unable to occupy the
440	residence because of hurricane, tornado, flood, fire, or other
441	emergency or natural disaster; or
442	c.  The elector is in a hospital, assisted-living facility,
443	nursing home, short-term medical or rehabilitation facility, or
444	correctional facility,
445
446	in which case the supervisor shall mail the ballot by
447	nonforwardable, return-if-undeliverable mail to any other
448	address the elector specifies in the request.
449	2.  By forwardable mail to voters who are entitled to vote
450	by absentee ballot under the Uniformed and Overseas Citizens
451	Voting Act.
452	3.  By personal delivery to the elector, upon presentation
453	of the identification required in s. 101.657.
454	4.  By delivery to a designee on election day or up to 4
455	days prior to the day of an election. Any elector may designate
456	in writing a person to pick up the ballot for the elector;
457	however, the person designated may not pick up more than two
458	absentee ballots per election, other than the designee's own
459	ballot, except that additional ballots may be picked up for
460	members of the designee's immediate family. For purposes of this
461	section, "immediate family" means the designee's spouse or the
462	parent, child, grandparent, or sibling of the designee or of the
463	designee's spouse. The designee shall provide to the supervisor
464	the written authorization by the elector and a picture
465	identification of the designee and must complete an affidavit.
466	The designee shall state in the affidavit that the designee is
467	authorized by the elector to pick up that ballot and shall
468	indicate if the elector is a member of the designee's immediate
469	family and, if so, the relationship. The department shall
470	prescribe the form of the affidavit. If the supervisor is
471	satisfied that the designee is authorized to pick up the ballot
472	and that the signature of the elector on the written
473	authorization matches the signature of the elector on file, the
474	supervisor shall give the ballot to that designee for delivery
475	to the elector.
476	Section 17.  Paragraph (c) of subsection (4) of section
477	102.014, Florida Statutes, is amended to read:
478	102.014  Poll worker recruitment and training.--
479	(4)  Each supervisor of elections shall be responsible for
480	training inspectors and clerks, subject to the following minimum
481	requirements:
482	(c)  For the purposes of this subsection, the first and
483	second primary elections shall be considered one election.
484	Section 18.  Subsection (3) and paragraph (b) of subsection
485	(4) of section 103.021, Florida Statutes, are amended to read:
486	103.021  Nomination for presidential electors.--Candidates
487	for presidential electors shall be nominated in the following
488	manner:
489	(3)  Candidates for President and Vice President with no
490	party affiliation may have their names printed on the general
491	election ballots if a petition is signed by 1 percent of the
492	registered electors of this state, as shown by the compilation
493	by the Department of State for the last preceding general
494	election. A separate petition from each county for which
495	signatures are solicited shall be submitted to the supervisor of
496	elections of the respective county no later than July 15 of each
497	presidential election year. The supervisor shall check the names
498	and, on or before the date of the first primary election, shall
499	certify the number shown as registered electors of the county.
500	The supervisor shall be paid by the person requesting the
501	certification the cost of checking the petitions as prescribed
502	in s. 99.097. The supervisor shall then forward the certificate
503	to the Department of State which shall determine whether or not
504	the percentage factor required in this section has been met.
505	When the percentage factor required in this section has been
506	met, the Department of State shall order the names of the
507	candidates for whom the petition was circulated to be included
508	on the ballot and shall permit the required number of persons to
509	be certified as electors in the same manner as party candidates.
510	(4)
511	(b)  A minor party that is not affiliated with a national
512	party holding a national convention to nominate candidates for
513	President and Vice President of the United States may have the
514	names of its candidates for President and Vice President printed
515	on the general election ballot if a petition is signed by 1
516	percent of the registered electors of this state, as shown by
517	the compilation by the Department of State for the preceding
518	general election. A separate petition from each county for which
519	signatures are solicited shall be submitted to the supervisors
520	of elections of the respective county no later than July 15 of
521	each presidential election year. The supervisor shall check the
522	names and, on or before the date of the first primary election,
523	shall certify the number shown as registered electors of the
524	county. The supervisor shall be paid by the person requesting
525	the certification the cost of checking the petitions as
526	prescribed in s. 99.097. The supervisor shall then forward the
527	certificate to the Department of State, which shall determine
528	whether or not the percentage factor required in this section
529	has been met. When the percentage factor required in this
530	section has been met, the Department of State shall order the
531	names of the candidates for whom the petition was circulated to
532	be included on the ballot and shall permit the required number
533	of persons to be certified as electors in the same manner as
534	other party candidates.
535	Section 19.  Section 103.022, Florida Statutes, is amended
536	to read:
537	103.022  Write-in candidates for President and Vice
538	President.--Persons seeking to qualify for election as write-in
539	candidates for President and Vice President of the United States
540	may have a blank space provided on the general election ballot
541	for their names to be written in by filing an oath with the
542	Department of State at any time after the 57th day, but before
543	noon of the 49th day, prior to the date of the first primary
544	election in the year in which a presidential election is held.
545	The Department of State shall prescribe the form to be used in
546	administering the oath. The candidates shall file with the
547	department a certificate naming the required number of persons
548	to serve as electors. Such write-in candidates shall not be
549	entitled to have their names on the ballot.
550	Section 20.  Subsection (4) of section 103.091, Florida
551	Statutes, is amended to read:
552	103.091  Political parties.--
553	(4)  Any political party other than a minor political party
554	may by rule provide for the membership of its state or county
555	executive committee to be elected for 4-year terms at the first
556	primary election in each year a presidential election is held.
557	The terms shall commence on the first day of the month following
558	each presidential general election; but the names of candidates
559	for political party offices shall not be placed on the ballot at
560	any other election. The results of such election shall be
561	determined by a plurality of the votes cast. In such event,
562	electors seeking to qualify for such office shall do so with the
563	Department of State or supervisor of elections not earlier than
564	noon of the 57th day, or later than noon of the 53rd day,
565	preceding the first primary election. The outgoing chair of each
566	county executive committee shall, within 30 days after the
567	committee members take office, hold an organizational meeting of
568	all newly elected members for the purpose of electing officers.
569	The chair of each state executive committee shall, within 60
570	days after the committee members take office, hold an
571	organizational meeting of all newly elected members for the
572	purpose of electing officers.
573	Section 21.  Subsection (1) of section 105.031, Florida
574	Statutes, is amended to read:
575	105.031  Qualification; filing fee; candidate's oath; items
576	required to be filed.--
577	(1)  TIME OF QUALIFYING.--Except for candidates for
578	judicial office, nonpartisan candidates for multicounty office
579	shall qualify with the Division of Elections of the Department
580	of State and nonpartisan candidates for countywide or less than
581	countywide office shall qualify with the supervisor of
582	elections. Candidates for judicial office other than the office
583	of county court judge shall qualify with the Division of
584	Elections of the Department of State, and candidates for the
585	office of county court judge shall qualify with the supervisor
586	of elections of the county. Candidates for judicial office shall
587	qualify no earlier than noon of the 120th day, and no later than
588	noon of the 116th day, before the first primary election.
589	Candidates for the office of school board member shall qualify
590	no earlier than noon of the 50th day, and no later than noon of
591	the 46th day, before the first primary election. Filing shall be
592	on forms provided for that purpose by the Division of Elections
593	and furnished by the appropriate qualifying officer. Any person
594	seeking to qualify by the alternative method, as set forth in s.
595	105.035, if the person has submitted the necessary petitions by
596	the required deadline and is notified after the fifth day prior
597	to the last day for qualifying that the required number of
598	signatures has been obtained, shall be entitled to subscribe to
599	the candidate's oath and file the qualifying papers at any time
600	within 5 days from the date he or she is notified that the
601	necessary number of signatures has been obtained. Any person
602	other than a write-in candidate who qualifies within the time
603	prescribed in this subsection shall be entitled to have his or
604	her name printed on the ballot.
605	Section 22.  Subsections (1) and (2) of section 105.041,
606	Florida Statutes, are amended to read:
607	105.041  Form of ballot.--
608	(1)  BALLOTS.--The names of candidates for nonpartisan
609	judicial office and candidates for the office of school board
610	member which appear on the ballot at the first primary election
611	shall either be grouped together on a separate portion of the
612	ballot or on a separate ballot. The names of candidates for
613	election to nonpartisan judicial office and candidates for the
614	office of school board member which appear on the ballot at the
615	general election and the names of justices and judges seeking
616	retention to office shall be grouped together on a separate
617	portion of the general election ballot.
618	(2)  LISTING OF CANDIDATES.--
619	(a)  Except as provided in paragraph (b), the order of
620	nonpartisan offices appearing on the ballot shall be determined
621	by the Department of State. The names of candidates for election
622	to each nonpartisan office shall be listed in alphabetical
623	order. With respect to retention of justices and judges, the
624	question "Shall Justice (or Judge) (name of justice or judge) of
625	the (name of the court) be retained in office?" shall appear on
626	the ballot in alphabetical order and thereafter the words "Yes"
627	and "No."
628	(b)1.  The names of candidates for the office of circuit
629	judge shall be listed on the first primary election ballot in
630	the order determined by lot conducted by the director of the
631	Division of Elections of the Department of State after the close
632	of the qualifying period.
633	2.  Candidates who have secured a position on the general
634	election ballot, after having survived elimination at the first
635	primary election, shall have their names listed in the same
636	order as on the first primary election ballot, notwithstanding
637	the elimination of any intervening names as a result of the
638	first primary election.
639	Section 23.  Paragraph (b) of subsection (1) of section
640	105.051, Florida Statutes, is amended to read:
641	105.051  Determination of election or retention to
642	office.--
643	(1)  ELECTION.--In circuits and counties holding elections:
644	(b)  If two or more candidates, neither of whom is a
645	write-in candidate, qualify for such an office, the names of
646	those candidates shall be placed on the ballot at the first
647	primary election. If any candidate for such office receives a
648	majority of the votes cast for such office in the first primary
649	election, the name of the candidate who receives such majority
650	shall not appear on any other ballot unless a write-in candidate
651	has qualified for such office. An unopposed candidate shall be
652	deemed to have voted for himself or herself at the general
653	election. If no candidate for such office receives a majority of
654	the votes cast for such office in the first primary election,
655	the names of the two candidates receiving the highest number of
656	votes for such office shall be placed on the general election
657	ballot. If more than two candidates receive an equal and highest
658	number of votes, the name of each candidate receiving an equal
659	and highest number of votes shall be placed on the general
660	election ballot. In any contest in which there is a tie for
661	second place and the candidate placing first did not receive a
662	majority of the votes cast for such office, the name of the
663	candidate placing first and the name of each candidate tying for
664	second shall be placed on the general election ballot.
665	Section 24.  Paragraphs (a) and (b) of subsection (1) of
666	section 106.07, Florida Statutes, are amended to read:
667	106.07  Reports; certification and filing.--
668	(1)  Each campaign treasurer designated by a candidate or
669	political committee pursuant to s. 106.021 shall file regular
670	reports of all contributions received, and all expenditures
671	made, by or on behalf of such candidate or political committee.
672	Reports shall be filed on the 10th day following the end of each
673	calendar quarter from the time the campaign treasurer is
674	appointed, except that, if the 10th day following the end of a
675	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
676	the report shall be filed on the next following day which is not
677	a Saturday, Sunday, or legal holiday. Quarterly reports shall
678	include all contributions received and expenditures made during
679	the calendar quarter which have not otherwise been reported
680	pursuant to this section.
681	(a)  Except as provided in paragraph (b), following the
682	last day of qualifying for office, the reports shall be filed on
683	the 32nd, 18th, and 4th days immediately preceding the first
684	primary and on the 46th, 32nd, 18th, and 4th days immediately
685	preceding the second primary and general election, for a
686	candidate who is opposed in seeking nomination or election to
687	any office, for a political committee, or for a committee of
688	continuous existence.
689	(b)  Following the last day of qualifying for office, any
690	statewide candidate who has requested to receive contributions
691	from the Election Campaign Financing Trust Fund or any statewide
692	candidate in a race with a candidate who has requested to
693	receive contributions from the trust fund shall file reports on
694	the 4th, 11th, 18th, 25th, and 32nd days prior to the first
695	primary election and general elections, and on the 4th, 11th,
696	18th, and 25th, 32nd, 39th, 46th, and 53rd days prior to the
697	general election second primary.
698	Section 25.  Paragraph (c) of subsection (1) of section
699	106.08, Florida Statutes, is amended to read:
700	106.08  Contributions; limitations on.--
701	(1)
702	(c)  The contribution limits of this subsection apply to
703	each election. For purposes of this subsection, the first
704	primary election, second primary, and general election are
705	separate elections so long as the candidate is not an unopposed
706	candidate as defined in s. 106.011(15). However, for the purpose
707	of contribution limits with respect to candidates for retention
708	as a justice or judge, there is only one election, which is the
709	general election. With respect to candidates in a circuit
710	holding an election for circuit judge or in a county holding an
711	election for county court judge, there are only two elections,
712	which are the first primary election and general election.
713	Section 26.  Subsection (1) of section 106.29, Florida
714	Statutes, is amended to read:
715	106.29  Reports by political parties; restrictions on
716	contributions and expenditures; penalties.--
717	(1)  The state executive committee and each county
718	executive committee of each political party regulated by chapter
719	103 shall file regular reports of all contributions received and
720	all expenditures made by such committee. Such reports shall
721	contain the same information as do reports required of
722	candidates by s. 106.07 and shall be filed on the 10th day
723	following the end of each calendar quarter, except that, during
724	the period from the last day for candidate qualifying until the
725	general election, such reports shall be filed on the Friday
726	immediately preceding both the first primary election, the
727	second primary election, and the general election. Each state
728	executive committee shall file the original and one copy of its
729	reports with the Division of Elections. Each county executive
730	committee shall file its reports with the supervisor of
731	elections in the county in which such committee exists. Any
732	state or county executive committee failing to file a report on
733	the designated due date shall be subject to a fine as provided
734	in subsection (3). No separate fine shall be assessed for
735	failure to file a copy of any report required by this section.
736	Section 27.  This act shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.