Florida Senate - 2009                                     SB 536
       
       
       
       By Senator Justice
       
       
       
       
       16-00349A-09                                           2009536__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 98.015,
    3         F.S.; requiring that a supervisor of elections in each
    4         county be elected in a nonpartisan election; amending
    5         s. 101.151, F.S.; deleting a provision requiring that
    6         the title “supervisor of elections” and the names of
    7         candidates running for such office appear under the
    8         heading entitled “County” on election ballots;
    9         amending s. 105.031, F.S.; requiring that candidates
   10         for the office of supervisor of elections pay a
   11         specified qualifying fee, subscribe to an oath, and
   12         file certain items with the supervisor of elections
   13         before the end of the qualifying period; amending s.
   14         105.035, F.S.; including candidates for the office of
   15         supervisor of elections among the list of candidates
   16         who may qualify for election by a specified petition
   17         process; amending s. 105.041, F.S.; requiring that
   18         space be made available on a general election ballot
   19         for an elector to write in the name of a write-in
   20         candidate for the office of supervisor of elections if
   21         such candidate has qualified as a write-in candidate
   22         pursuant to state law; amending s. 105.051, F.S.;
   23         prohibiting the name of an unopposed candidate for the
   24         office of supervisor of elections from appearing on
   25         any ballot; amending s. 105.061, F.S.; requiring that
   26         the election of a supervisor of elections be by vote
   27         of the qualified electors of a county; amending s.
   28         105.08, F.S.; limiting the contributions that may be
   29         accepted and the expenses that may be incurred by a
   30         candidate for the office of supervisor of elections;
   31         requiring such candidates to keep an accurate record
   32         of such contributions and expenses; requiring that
   33         such information be reported in accordance with state
   34         law; amending s. 105.09, F.S.; prohibiting a political
   35         party or partisan political organization from
   36         endorsing, supporting, or assisting any candidate in a
   37         campaign for election to the office of supervisor of
   38         elections; providing that it is a second-degree
   39         misdemeanor to knowingly commit such acts; providing
   40         an effective date.
   41         
   42  Be It Enacted by the Legislature of the State of Florida:
   43         
   44         Section 1. Subsection (1) of section 98.015, Florida
   45  Statutes, is amended to read:
   46         98.015 Supervisor of elections; election, tenure of office,
   47  compensation, custody of registration-related documents, office
   48  hours, successor, seal; appointment of deputy supervisors;
   49  duties.—
   50         (1) A supervisor of elections shall be elected in a
   51  nonpartisan election in each county at the general election in
   52  each year the number of which is a multiple of four for a 4-year
   53  term commencing on the first Tuesday after the first Monday in
   54  January succeeding his or her election. Each supervisor shall,
   55  before performing any of his or her duties, take the oath
   56  prescribed in s. 5, Art. II of the State Constitution.
   57         Section 2. Paragraph (a) of subsection (2) of section
   58  101.151, Florida Statutes, is amended to read:
   59         101.151 Specifications for ballots.—
   60         (2)(a) The ballot shall have headings under which shall
   61  appear the names of the offices and the names of the candidates
   62  for the respective offices in the following order: the heading
   63  “President and Vice President” and thereunder the names of the
   64  candidates for President and Vice President of the United States
   65  nominated by the political party that received the highest vote
   66  for Governor in the last general election of the Governor in
   67  this state. Then shall appear the names of other candidates for
   68  President and Vice President of the United States who have been
   69  properly nominated. Then shall follow the heading
   70  “Congressional” and thereunder the offices of United States
   71  Senator and Representative in Congress; then the heading “State”
   72  and thereunder the offices of Governor and Lieutenant Governor,
   73  Attorney General, Chief Financial Officer, Commissioner of
   74  Agriculture, state attorney, and public defender, together with
   75  the names of the candidates for each office and the title of the
   76  office which they seek; then the heading “Legislative” and
   77  thereunder the offices of state senator and state
   78  representative; then the heading “County” and thereunder clerk
   79  of the circuit court, clerk of the county court (when authorized
   80  by law), sheriff, property appraiser, tax collector, and
   81  district superintendent of schools, and supervisor of elections.
   82  Thereafter follows: members of the board of county
   83  commissioners, and such other county and district offices as are
   84  involved in the election, in the order fixed by the Department
   85  of State, followed, in the year of their election, by “Party
   86  Offices,” and thereunder the offices of state and county party
   87  executive committee members. In a general election, in addition
   88  to the names printed on the ballot, a blank space shall be
   89  provided under each heading for an office for which a write-in
   90  candidate has qualified. With respect to write-in candidates, if
   91  two or more candidates are seeking election to one office, only
   92  one blank space shall be provided.
   93         Section 3. Subsection (3), paragraph (a) of subsection (4),
   94  and paragraph (a) of subsection (5) of section 105.031, Florida
   95  Statutes, are amended to read:
   96         105.031 Qualification; filing fee; candidate's oath; items
   97  required to be filed.—
   98         (3) QUALIFYING FEE.—Each candidate qualifying for election
   99  to a judicial office, the office of supervisor of elections, or
  100  the office of school board member, except write-in judicial or
  101  school board candidates, shall, during the time for qualifying,
  102  pay to the officer with whom he or she qualifies a qualifying
  103  fee, which shall consist of a filing fee and an election
  104  assessment, or qualify by the petition process. The amount of
  105  the filing fee is 3 percent of the annual salary of the office
  106  sought. The amount of the election assessment is 1 percent of
  107  the annual salary of the office sought. The Department of State
  108  shall forward all filing fees to the Department of Revenue for
  109  deposit in the Elections Commission Trust Fund. The supervisor
  110  of elections shall forward all filing fees to the Elections
  111  Commission Trust Fund. The election assessment shall be
  112  deposited into the Elections Commission Trust Fund. The annual
  113  salary of the office for purposes of computing the qualifying
  114  fee shall be computed by multiplying 12 times the monthly salary
  115  authorized for such office as of July 1 immediately preceding
  116  the first day of qualifying. This subsection shall not apply to
  117  candidates qualifying for retention to judicial office.
  118         (4) CANDIDATE'S OATH.—
  119         (a) All candidates for the office of supervisor of
  120  elections or the office of school board member shall subscribe
  121  to the oath as prescribed in s. 99.021.
  122         (5) ITEMS REQUIRED TO BE FILED.—
  123         (a) In order for a candidate for judicial office, the
  124  office of supervisor of elections, or the office of school board
  125  member to be qualified, the following items must be received by
  126  the filing officer by the end of the qualifying period:
  127         1. Except for candidates for retention to judicial office,
  128  a properly executed check drawn upon the candidate's campaign
  129  account in an amount not less than the fee required by
  130  subsection (3) or, in lieu thereof, the copy of the notice of
  131  obtaining ballot position pursuant to s. 105.035. If a
  132  candidate's check is returned by the bank for any reason, the
  133  filing officer shall immediately notify the candidate and the
  134  candidate shall, the end of qualifying notwithstanding, have 48
  135  hours from the time such notification is received, excluding
  136  Saturdays, Sundays, and legal holidays, to pay the fee with a
  137  cashier's check purchased from funds of the campaign account.
  138  Failure to pay the fee as provided in this subparagraph shall
  139  disqualify the candidate.
  140         2. The candidate's oath required by subsection (4), which
  141  must contain the name of the candidate as it is to appear on the
  142  ballot; the office sought, including the district or group
  143  number if applicable; and the signature of the candidate, duly
  144  acknowledged.
  145         3. The loyalty oath required by s. 876.05, signed by the
  146  candidate and duly acknowledged.
  147         4. The completed form for the appointment of campaign
  148  treasurer and designation of campaign depository, as required by
  149  s. 106.021. In addition, each candidate for judicial office,
  150  including an incumbent judge, shall file a statement with the
  151  qualifying officer, within 10 days after filing the appointment
  152  of campaign treasurer and designation of campaign depository,
  153  stating that the candidate has read and understands the
  154  requirements of the Florida Code of Judicial Conduct. Such
  155  statement shall be in substantially the following form:
  156             Statement of Candidate for Judicial Office            
  157  I, ...(name of candidate)..., a judicial candidate, have
  158  received, read, and understand the requirements of the Florida
  159  Code of Judicial Conduct.
  160  ...(Signature of candidate)...
  161  ...(Date)...
  162         5. The full and public disclosure of financial interests
  163  required by s. 8, Art. II of the State Constitution or the
  164  statement of financial interests required by s. 112.3145,
  165  whichever is applicable. A public officer who has filed the full
  166  and public disclosure or statement of financial interests with
  167  the Commission on Ethics or the supervisor of elections prior to
  168  qualifying for office may file a copy of that disclosure at the
  169  time of qualifying.
  170         Section 4. Section 105.035, Florida Statutes, is amended to
  171  read:
  172         105.035 Petition process of qualifying for certain judicial
  173  offices, the office of supervisor of elections, and the office
  174  of school board member.—
  175         (1) A person seeking to qualify for election to the office
  176  of circuit judge, or county court judge, supervisor of
  177  elections, or the office of school board member may qualify for
  178  election to such office by means of the petitioning process
  179  prescribed in this section. A person qualifying by this petition
  180  process is not required to pay the qualifying fee required by
  181  this chapter.
  182         (2) The petition format shall be prescribed by the Division
  183  of Elections and shall be used by the candidate to reproduce
  184  petitions for circulation. If the candidate is running for an
  185  office that will be grouped on the ballot with two or more
  186  similar offices to be filled at the same election, the
  187  candidate's petition must indicate, prior to the obtaining of
  188  registered electors' signatures, for which group or district
  189  office the candidate is running.
  190         (3) Each candidate for election to a judicial office, the
  191  office of supervisor of elections, or the office of school board
  192  member shall obtain the signature of a number of qualified
  193  electors equal to at least 1 percent of the total number of
  194  registered electors of the district, circuit, county, or other
  195  geographic entity represented by the office sought as shown by
  196  the compilation by the Department of State for the last
  197  preceding general election. A separate petition shall be
  198  circulated for each candidate availing himself or herself of the
  199  provisions of this section. Signatures may not be obtained until
  200  the candidate has filed the appointment of campaign treasurer
  201  and designation of campaign depository pursuant to s. 106.021.
  202         (4)(a) Each candidate seeking to qualify for election to
  203  the office of circuit judge or the office of school board member
  204  from a multicounty school district pursuant to this section
  205  shall file a separate petition from each county from which
  206  signatures are sought. Each petition shall be submitted, prior
  207  to noon of the 28th day preceding the first day of the
  208  qualifying period for the office sought, to the supervisor of
  209  elections of the county for which such petition was circulated.
  210  Each supervisor of elections to whom a petition is submitted
  211  shall check the signatures on the petition to verify their
  212  status as electors of that county and of the geographic area
  213  represented by the office sought. No later than the 7th day
  214  before the first date for qualifying, the supervisor shall
  215  certify the number shown as registered electors and submit such
  216  certification to the Division of Elections. The division shall
  217  determine whether the required number of signatures has been
  218  obtained for the name of the candidate to be placed on the
  219  ballot and shall notify the candidate. If the required number of
  220  signatures has been obtained, the candidate shall, during the
  221  time prescribed for qualifying for office, submit a copy of such
  222  notice and file his or her qualifying papers and oath prescribed
  223  in s. 105.031 with the Division of Elections. Upon receipt of
  224  the copy of such notice and qualifying papers, the division
  225  shall certify the name of the candidate to the appropriate
  226  supervisor or supervisors of elections as having qualified for
  227  the office sought.
  228         (b) Each candidate seeking to qualify for election to the
  229  office of county court judge, the office of supervisor of
  230  elections, or the office of school board member from a single
  231  county school district pursuant to this section shall submit his
  232  or her petition, before prior to noon of the 28th day preceding
  233  the first day of the qualifying period for the office sought, to
  234  the supervisor of elections of the county for which such
  235  petition was circulated. The supervisor shall check the
  236  signatures on the petition to verify their status as electors of
  237  the county and of the geographic area represented by the office
  238  sought. No later than the 7th day before the first date for
  239  qualifying, the supervisor shall determine whether the required
  240  number of signatures has been obtained for the name of the
  241  candidate to be placed on the ballot and shall notify the
  242  candidate. If the required number of signatures has been
  243  obtained, the candidate shall, during the time prescribed for
  244  qualifying for office, submit a copy of such notice and file his
  245  or her qualifying papers and oath prescribed in s. 105.031 with
  246  the qualifying officer. Upon receipt of the copy of such notice
  247  and qualifying papers, such candidate shall be entitled to have
  248  his or her name printed on the ballot.
  249         Section 5. Subsection (4) of section 105.041, Florida
  250  Statutes, is amended to read:
  251         105.041 Form of ballot.—
  252         (4) WRITE-IN CANDIDATES.—Space shall be made available on
  253  the general election ballot for an elector to write in the name
  254  of a write-in candidate for judge of a circuit court or county
  255  court, the office of supervisor of elections, or member of a
  256  school board if a candidate has qualified as a write-in
  257  candidate for such office pursuant to s. 105.031. This
  258  subsection shall not apply to the offices of justices and judges
  259  seeking retention.
  260         Section 6. Paragraph (a) of subsection (1) of section
  261  105.051, Florida Statutes, is amended to read:
  262         105.051 Determination of election or retention to office.—
  263         (1) ELECTION.—In circuits and counties holding elections:
  264         (a) The name of an unopposed candidate for the office of
  265  circuit judge, county court judge, supervisor of elections, or
  266  member of a school board shall not appear on any ballot, and
  267  such candidate shall be deemed to have voted for himself or
  268  herself at the general election.
  269         Section 7. Subsection (3) is added to section 105.061,
  270  Florida Statutes, to read:
  271         105.061 Electors qualified to vote.—
  272         (3)The election of the supervisor of elections shall be by
  273  vote of the qualified electors of the county.
  274         Section 8. Subsection (1) of section 105.08, Florida
  275  Statutes, is amended to read:
  276         105.08 Campaign contribution and expense; reporting.—
  277         (1) A candidate for judicial office, the office of
  278  supervisor of elections, or the office of school board member
  279  may accept contributions and may incur only such expenses as are
  280  authorized by law. Each such candidate shall keep an accurate
  281  record of his or her contributions and expenses, and shall file
  282  reports pursuant to chapter 106.
  283         Section 9. Section 105.09, Florida Statutes, is amended to
  284  read:
  285         105.09 Political activity on in behalf of a candidate for
  286  judicial office or the office of supervisor of elections
  287  limited.—
  288         (1) A No political party or partisan political organization
  289  may not shall endorse, support, or assist any candidate in a
  290  campaign for election to judicial office or the office of
  291  supervisor of elections.
  292         (2) Any person who knowingly, in an individual capacity or
  293  as an officer of an organization, violates the provisions of
  294  this section commits is guilty of a misdemeanor of the second
  295  degree, punishable as provided in s. 775.082 or s. 775.083.
  296         Section 10. This act shall take effect July 1, 2009.