HB 301

1
A bill to be entitled
2An act relating to elections; amending s. 98.015, F.S.;
3requiring that a supervisor of elections in each county be
4elected in a nonpartisan election; amending s. 101.151,
5F.S.; deleting a provision requiring that the title
6"supervisor of elections" and the names of candidates
7running for such office appear under the heading entitled
8"County" on election ballots; amending s. 105.031, F.S.;
9requiring that candidates for the office of supervisor of
10elections pay a specified qualifying fee, subscribe to an
11oath, and file certain items with the supervisor of
12elections before the end of the qualifying period;
13amending s. 105.035, F.S.; including candidates for the
14office of supervisor of elections among the list of
15candidates who may qualify for election by a specified
16petition process; amending s. 105.041, F.S.; requiring
17that space be made available on a general election ballot
18for an elector to write in the name of a write-in
19candidate for the office of supervisor of elections if
20such candidate has qualified as a write-in candidate
21pursuant to state law; amending s. 105.051, F.S.;
22prohibiting the name of an unopposed candidate for the
23office of supervisor of elections from appearing on any
24ballot; amending s. 105.061, F.S.; requiring that the
25election of a supervisor of elections be by vote of the
26qualified electors of a county; amending s. 105.08, F.S.;
27limiting the contributions that may be accepted and the
28expenses that may be incurred by a candidate for the
29office of supervisor of elections; requiring such
30candidates to keep an accurate record of such
31contributions and expenses; requiring that such
32information be reported in accordance with state law;
33amending s. 105.09, F.S.; prohibiting a political party or
34partisan political organization from endorsing,
35supporting, or assisting any candidate in a campaign for
36election to the office of supervisor of elections;
37providing that it is a second-degree misdemeanor to
38knowingly commit such acts; providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsection (1) of section 98.015, Florida
43Statutes, is amended to read:
44     98.015  Supervisor of elections; election, tenure of
45office, compensation, custody of registration-related documents,
46office hours, successor, seal; appointment of deputy
47supervisors; duties.--
48     (1)  A supervisor of elections shall be elected in a
49nonpartisan election in each county at the general election in
50each year the number of which is a multiple of four for a 4-year
51term commencing on the first Tuesday after the first Monday in
52January succeeding his or her election. Each supervisor shall,
53before performing any of his or her duties, take the oath
54prescribed in s. 5, Art. II of the State Constitution.
55     Section 2.  Paragraph (a) of subsection (2) of section
56101.151, Florida Statutes, is amended to read:
57     101.151  Specifications for ballots.--
58     (2)(a)  The ballot shall have headings under which shall
59appear the names of the offices and the names of the candidates
60for the respective offices in the following order: the heading
61"President and Vice President" and thereunder the names of the
62candidates for President and Vice President of the United States
63nominated by the political party that received the highest vote
64for Governor in the last general election of the Governor in
65this state. Then shall appear the names of other candidates for
66President and Vice President of the United States who have been
67properly nominated. Then shall follow the heading
68"Congressional" and thereunder the offices of United States
69Senator and Representative in Congress; then the heading "State"
70and thereunder the offices of Governor and Lieutenant Governor,
71Attorney General, Chief Financial Officer, Commissioner of
72Agriculture, state attorney, and public defender, together with
73the names of the candidates for each office and the title of the
74office which they seek; then the heading "Legislative" and
75thereunder the offices of state senator and state
76representative; then the heading "County" and thereunder clerk
77of the circuit court, clerk of the county court (when authorized
78by law), sheriff, property appraiser, tax collector, and
79district superintendent of schools, and supervisor of elections.
80Thereafter follows: members of the board of county
81commissioners, and such other county and district offices as are
82involved in the election, in the order fixed by the Department
83of State, followed, in the year of their election, by "Party
84Offices," and thereunder the offices of state and county party
85executive committee members. In a general election, in addition
86to the names printed on the ballot, a blank space shall be
87provided under each heading for an office for which a write-in
88candidate has qualified. With respect to write-in candidates, if
89two or more candidates are seeking election to one office, only
90one blank space shall be provided.
91     Section 3.  Subsection (3), paragraph (a) of subsection
92(4), and paragraph (a) of subsection (5) of section 105.031,
93Florida Statutes, are amended to read:
94     105.031  Qualification; filing fee; candidate's oath; items
95required to be filed.--
96     (3)  QUALIFYING FEE.--Each candidate qualifying for
97election to a judicial office, the office of supervisor of
98elections, or the office of school board member, except write-in
99judicial or school board candidates, shall, during the time for
100qualifying, pay to the officer with whom he or she qualifies a
101qualifying fee, which shall consist of a filing fee and an
102election assessment, or qualify by the petition process. The
103amount of the filing fee is 3 percent of the annual salary of
104the office sought. The amount of the election assessment is 1
105percent of the annual salary of the office sought. The
106Department of State shall forward all filing fees to the
107Department of Revenue for deposit in the Elections Commission
108Trust Fund. The supervisor of elections shall forward all filing
109fees to the Elections Commission Trust Fund. The election
110assessment shall be deposited into the Elections Commission
111Trust Fund. The annual salary of the office for purposes of
112computing the qualifying fee shall be computed by multiplying 12
113times the monthly salary authorized for such office as of July 1
114immediately preceding the first day of qualifying. This
115subsection shall not apply to candidates qualifying for
116retention to judicial office.
117     (4)  CANDIDATE'S OATH.--
118     (a)  All candidates for the office of supervisor of
119elections or the office of school board member shall subscribe
120to the oath as prescribed in s. 99.021.
121     (5)  ITEMS REQUIRED TO BE FILED.--
122     (a)  In order for a candidate for judicial office, the
123office of supervisor of elections, or the office of school board
124member to be qualified, the following items must be received by
125the filing officer by the end of the qualifying period:
126     1.  Except for candidates for retention to judicial office,
127a properly executed check drawn upon the candidate's campaign
128account in an amount not less than the fee required by
129subsection (3) or, in lieu thereof, the copy of the notice of
130obtaining ballot position pursuant to s. 105.035. If a
131candidate's check is returned by the bank for any reason, the
132filing officer shall immediately notify the candidate and the
133candidate shall, the end of qualifying notwithstanding, have 48
134hours from the time such notification is received, excluding
135Saturdays, Sundays, and legal holidays, to pay the fee with a
136cashier's check purchased from funds of the campaign account.
137Failure to pay the fee as provided in this subparagraph shall
138disqualify the candidate.
139     2.  The candidate's oath required by subsection (4), which
140must contain the name of the candidate as it is to appear on the
141ballot; the office sought, including the district or group
142number if applicable; and the signature of the candidate, duly
143acknowledged.
144     3.  The loyalty oath required by s. 876.05, signed by the
145candidate and duly acknowledged.
146     4.  The completed form for the appointment of campaign
147treasurer and designation of campaign depository, as required by
148s. 106.021. In addition, each candidate for judicial office,
149including an incumbent judge, shall file a statement with the
150qualifying officer, within 10 days after filing the appointment
151of campaign treasurer and designation of campaign depository,
152stating that the candidate has read and understands the
153requirements of the Florida Code of Judicial Conduct. Such
154statement shall be in substantially the following form:
155
156
Statement of Candidate for Judicial Office
157
158I, ...(name of candidate)..., a judicial candidate, have
159received, read, and understand the requirements of the Florida
160Code of Judicial Conduct.
161...(Signature of candidate)...
162...(Date)...
163     5.  The full and public disclosure of financial interests
164required by s. 8, Art. II of the State Constitution or the
165statement of financial interests required by s. 112.3145,
166whichever is applicable. A public officer who has filed the full
167and public disclosure or statement of financial interests with
168the Commission on Ethics or the supervisor of elections prior to
169qualifying for office may file a copy of that disclosure at the
170time of qualifying.
171     Section 4.  Section 105.035, Florida Statutes, is amended
172to read:
173     105.035  Petition process of qualifying for certain
174judicial offices, the office of supervisor of elections, and the
175office of school board member.--
176     (1)  A person seeking to qualify for election to the office
177of circuit judge, or county court judge, supervisor of
178elections, or the office of school board member may qualify for
179election to such office by means of the petitioning process
180prescribed in this section. A person qualifying by this petition
181process is not required to pay the qualifying fee required by
182this chapter.
183     (2)  The petition format shall be prescribed by the
184Division of Elections and shall be used by the candidate to
185reproduce petitions for circulation. If the candidate is running
186for an office that will be grouped on the ballot with two or
187more similar offices to be filled at the same election, the
188candidate's petition must indicate, prior to the obtaining of
189registered electors' signatures, for which group or district
190office the candidate is running.
191     (3)  Each candidate for election to a judicial office, the
192office of supervisor of elections, or the office of school board
193member shall obtain the signature of a number of qualified
194electors equal to at least 1 percent of the total number of
195registered electors of the district, circuit, county, or other
196geographic entity represented by the office sought as shown by
197the compilation by the Department of State for the last
198preceding general election. A separate petition shall be
199circulated for each candidate availing himself or herself of the
200provisions of this section. Signatures may not be obtained until
201the candidate has filed the appointment of campaign treasurer
202and designation of campaign depository pursuant to s. 106.021.
203     (4)(a)  Each candidate seeking to qualify for election to
204the office of circuit judge or the office of school board member
205from a multicounty school district pursuant to this section
206shall file a separate petition from each county from which
207signatures are sought. Each petition shall be submitted, prior
208to noon of the 28th day preceding the first day of the
209qualifying period for the office sought, to the supervisor of
210elections of the county for which such petition was circulated.
211Each supervisor of elections to whom a petition is submitted
212shall check the signatures on the petition to verify their
213status as electors of that county and of the geographic area
214represented by the office sought. No later than the 7th day
215before the first date for qualifying, the supervisor shall
216certify the number shown as registered electors and submit such
217certification to the Division of Elections. The division shall
218determine whether the required number of signatures has been
219obtained for the name of the candidate to be placed on the
220ballot and shall notify the candidate. If the required number of
221signatures has been obtained, the candidate shall, during the
222time prescribed for qualifying for office, submit a copy of such
223notice and file his or her qualifying papers and oath prescribed
224in s. 105.031 with the Division of Elections. Upon receipt of
225the copy of such notice and qualifying papers, the division
226shall certify the name of the candidate to the appropriate
227supervisor or supervisors of elections as having qualified for
228the office sought.
229     (b)  Each candidate seeking to qualify for election to the
230office of county court judge, the office of supervisor of
231elections, or the office of school board member from a single
232county school district pursuant to this section shall submit his
233or her petition, before prior to noon of the 28th day preceding
234the first day of the qualifying period for the office sought, to
235the supervisor of elections of the county for which such
236petition was circulated. The supervisor shall check the
237signatures on the petition to verify their status as electors of
238the county and of the geographic area represented by the office
239sought. No later than the 7th day before the first date for
240qualifying, the supervisor shall determine whether the required
241number of signatures has been obtained for the name of the
242candidate to be placed on the ballot and shall notify the
243candidate. If the required number of signatures has been
244obtained, the candidate shall, during the time prescribed for
245qualifying for office, submit a copy of such notice and file his
246or her qualifying papers and oath prescribed in s. 105.031 with
247the qualifying officer. Upon receipt of the copy of such notice
248and qualifying papers, such candidate shall be entitled to have
249his or her name printed on the ballot.
250     Section 5.  Subsection (4) of section 105.041, Florida
251Statutes, is amended to read:
252     105.041  Form of ballot.--
253     (4)  WRITE-IN CANDIDATES.--Space shall be made available on
254the general election ballot for an elector to write in the name
255of a write-in candidate for judge of a circuit court or county
256court, the office of supervisor of elections, or member of a
257school board if a candidate has qualified as a write-in
258candidate for such office pursuant to s. 105.031. This
259subsection shall not apply to the offices of justices and judges
260seeking retention.
261     Section 6.  Paragraph (a) of subsection (1) of section
262105.051, Florida Statutes, is amended to read:
263     105.051  Determination of election or retention to
264office.--
265     (1)  ELECTION.--In circuits and counties holding elections:
266     (a)  The name of an unopposed candidate for the office of
267circuit judge, county court judge, supervisor of elections, or
268member of a school board shall not appear on any ballot, and
269such candidate shall be deemed to have voted for himself or
270herself at the general election.
271     Section 7.  Subsection (3) is added to section 105.061,
272Florida Statutes, to read:
273     105.061  Electors qualified to vote.--
274     (3)  The election of the supervisor of elections shall be
275by vote of the qualified electors of the county.
276     Section 8.  Subsection (1) of section 105.08, Florida
277Statutes, is amended to read:
278     105.08  Campaign contribution and expense; reporting.--
279     (1)  A candidate for judicial office, the office of
280supervisor of elections, or the office of school board member
281may accept contributions and may incur only such expenses as are
282authorized by law. Each such candidate shall keep an accurate
283record of his or her contributions and expenses, and shall file
284reports pursuant to chapter 106.
285     Section 9.  Section 105.09, Florida Statutes, is amended to
286read:
287     105.09  Political activity on in behalf of a candidate for
288judicial office or the office of supervisor of elections
289limited.--
290     (1)  A No political party or partisan political
291organization may not shall endorse, support, or assist any
292candidate in a campaign for election to judicial office or the
293office of supervisor of elections.
294     (2)  Any person who knowingly, in an individual capacity or
295as an officer of an organization, violates the provisions of
296this section commits is guilty of a misdemeanor of the second
297degree, punishable as provided in s. 775.082 or s. 775.083.
298     Section 10.  This act shall take effect July 1, 2009.


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