Florida Senate - 2017 SB 366
By Senator Gibson
6-00529-17 2017366__
1 A bill to be entitled
2 An act relating to nonpartisan elections for state
3 attorneys and public defenders; amending s. 99.061,
4 F.S.; revising provisions governing candidate
5 qualifying to conform with the redesignation of the
6 offices of state attorney and public defender as
7 nonpartisan offices; amending s. 100.111, F.S.;
8 removing the requirement that a state political party
9 chair provide certain notification in the event of a
10 vacancy in nomination for the office of state attorney
11 or public defender, to conform; amending s. 101.151,
12 F.S.; revising specifications for ballot layout to
13 conform with the redesignation of the offices of state
14 attorney and public defender as nonpartisan offices;
15 amending s. 105.031, F.S.; revising provisions
16 governing candidate qualifying for nonpartisan offices
17 to include candidates for the offices of state
18 attorney and public defender; amending s. 105.035,
19 F.S.; adding candidates for the offices of state
20 attorney and public defender to the list of candidates
21 who may qualify for election by a specified petition
22 process, in lieu of a qualifying fee; amending s.
23 105.041, F.S.; requiring that the listing of
24 candidates on a ballot for the offices of state
25 attorney and public defender identify the applicable
26 judicial circuit; requiring that space be made
27 available on the general election ballot if a write-in
28 candidate has qualified to run for the office of state
29 attorney or public defender; amending s. 105.051,
30 F.S.; prohibiting the name of an unopposed candidate
31 for the office of state attorney or public defender
32 from appearing on any ballot; amending s. 105.061,
33 F.S.; specifying that a qualified elector of a
34 judicial circuit is eligible to vote for a candidate
35 for the office of state attorney or public defender of
36 that circuit; amending s. 105.08, F.S.; specifying
37 applicability of campaign financing and reporting
38 requirements to candidates for the office of state
39 attorney or public defender; amending s. 105.09, F.S.;
40 prohibiting a political party or partisan political
41 organization from endorsing, supporting, or assisting
42 any candidate in a campaign for election to the office
43 of state attorney or public defender; providing a
44 penalty; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (1) of section 99.061, Florida
49 Statutes, is amended to read:
50 99.061 Method of qualifying for nomination or election to
51 federal, state, county, or district office.—
52 (1) The provisions of any special act to the contrary
53 notwithstanding, each person seeking to qualify for nomination
54 or election to a federal, state, or multicounty district office,
55 other than election to a judicial office as defined in chapter
56 105, the office of state attorney or public defender, or the
57 office of school board member, shall file his or her
58 qualification papers with, and pay the qualifying fee, which
59 shall consist of the filing fee and election assessment, and
60 party assessment, if any has been levied, to, the department of
61 State, or qualify by the petition process pursuant to s. 99.095
62 with the department of State, at any time after noon of the 1st
63 day for qualifying, which shall be as follows: the 120th day
64 before prior to the primary election, but not later than noon of
65 the 116th day before prior to the date of the primary election,
66 for persons seeking to qualify for nomination or election to
67 federal office or to the office of the state attorney or the
68 public defender; and noon of the 71st day before prior to the
69 primary election, but not later than noon of the 67th day before
70 prior to the date of the primary election, for persons seeking
71 to qualify for nomination or election to a state or multicounty
72 district office, other than the office of the state attorney or
73 the public defender.
74 Section 2. Paragraph (a) of subsection (3) of section
75 100.111, Florida Statutes, is amended to read:
76 100.111 Filling vacancy.—
77 (3)(a) In the event that death, resignation, withdrawal, or
78 removal should cause a party to have a vacancy in nomination
79 which leaves no candidate for an office from such party, the
80 filing officer before whom the candidate qualified shall notify
81 the chair of the state and county political party executive
82 committee of such party and:
83 1. If the vacancy in nomination is for a statewide office,
84 the state party chair shall, within 5 days, call a meeting of
85 his or her executive board to consider designation of a nominee
86 to fill the vacancy.
87 2. If the vacancy in nomination is for the office of United
88 States Representative, state senator, or state representative,
89 state attorney, or public defender, the state party chair shall
90 notify the appropriate county chair or chairs and, within 5
91 days, the appropriate county chair or chairs shall call a
92 meeting of the members of the executive committee in the
93 affected county or counties to consider designation of a nominee
94 to fill the vacancy.
95 3. If the vacancy in nomination is for a county office, the
96 state party chair shall notify the appropriate county chair and,
97 within 5 days, the appropriate county chair shall call a meeting
98 of his or her executive committee to consider designation of a
99 nominee to fill the vacancy.
100
101 The name of any person so designated shall be submitted to the
102 filing officer before whom the candidate qualified within 7 days
103 after notice to the chair in order that the person designated
104 may have his or her name on the ballot of the ensuing general
105 election. If the name of the new nominee is submitted after the
106 certification of results of the preceding primary election,
107 however, the ballots may shall not be changed and the former
108 party nominee’s name will appear on the ballot. Any ballots cast
109 for the former party nominee will be counted for the person
110 designated by the political party to replace the former party
111 nominee. If there is no opposition to the party nominee, the
112 person designated by the political party to replace the former
113 party nominee will be elected to office at the general election.
114 Section 3. Paragraph (a) of subsection (2) of section
115 101.151, Florida Statutes, is amended to read:
116 101.151 Specifications for ballots.—
117 (2)(a) The ballot must include the following office titles
118 above the names of the candidates for the respective offices in
119 the following order:
120 1. The office titles of President and Vice President above
121 the names of the candidates for President and Vice President of
122 the United States nominated by the political party that received
123 the highest vote for Governor in the last general election of
124 the Governor in this state, followed by the names of other
125 candidates for President and Vice President of the United States
126 who have been properly nominated.
127 2. The office titles of United States Senator and
128 Representative in Congress.
129 3. The office titles of Governor and Lieutenant Governor;
130 Attorney General; Chief Financial Officer; and Commissioner of
131 Agriculture; State Attorney, with the applicable judicial
132 circuit; and Public Defender, with the applicable judicial
133 circuit.
134 4. The office titles of State Senator and State
135 Representative, with the applicable district for the office
136 printed beneath.
137 5. The office titles of Clerk of the Circuit Court or, when
138 the Clerk of the Circuit Court also serves as the County
139 Comptroller, Clerk of the Circuit Court and Comptroller, when
140 authorized by law; Clerk of the County Court, when authorized by
141 law; Sheriff; Property Appraiser; Tax Collector; District
142 Superintendent of Schools; and Supervisor of Elections.
143 6. The office titles of Board of County Commissioners, with
144 the applicable district printed beneath each office, and such
145 other county and district offices as are involved in the
146 election, in the order fixed by the Department of State,
147 followed, in the year of their election, by “Party Offices,” and
148 thereunder the offices of state and county party executive
149 committee members.
150 Section 4. Section 105.031, Florida Statutes, is amended to
151 read:
152 105.031 Qualification; filing fee; candidate’s oath; items
153 required to be filed.—
154 (1) TIME OF QUALIFYING.—Except for candidates for judicial
155 office and for the office of state attorney or public defender,
156 nonpartisan candidates for multicounty office shall qualify with
157 the division of Elections of the Department of State and
158 nonpartisan candidates for countywide or less than countywide
159 office shall qualify with the supervisor of elections.
160 Candidates for judicial office, other than the office of county
161 court judge, and candidates for the office of state attorney or
162 public defender shall qualify with the division of Elections of
163 the Department of State, and candidates for the office of county
164 court judge shall qualify with the supervisor of elections of
165 the county. Candidates for judicial office and for the office of
166 state attorney or public defender shall qualify no earlier than
167 noon of the 120th day, and no later than noon of the 116th day,
168 before the primary election. Candidates for the office of school
169 board member shall qualify no earlier than noon of the 71st day,
170 and no later than noon of the 67th day, before the primary
171 election. Filing shall be on forms provided for that purpose by
172 the division of Elections and furnished by the appropriate
173 qualifying officer. Any person other than a write-in candidate
174 who qualifies within the time prescribed in this subsection is
175 shall be entitled to have his or her name printed on the ballot.
176 (2) FILING IN GROUPS OR DISTRICTS.—Candidates shall qualify
177 in groups or districts where multiple offices are to be filled.
178 (3) QUALIFYING FEE.—Each candidate qualifying for election
179 to a judicial office, the office of state attorney or public
180 defender, or the office of school board member, except write-in
181 judicial or school board candidates for such offices, shall,
182 during the time for qualifying, pay to the officer with whom he
183 or she qualifies a qualifying fee, which shall consist of a
184 filing fee and an election assessment, or qualify by the
185 petition process. The amount of the filing fee is 3 percent of
186 the annual salary of the office sought. The amount of the
187 election assessment is 1 percent of the annual salary of the
188 office sought. The department of State shall transfer all filing
189 fees to the Department of Legal Affairs for deposit in the
190 Elections Commission Trust Fund. The supervisor of elections
191 shall forward all filing fees to the Elections Commission Trust
192 Fund. The election assessment shall be deposited into the
193 Elections Commission Trust Fund. The annual salary of the office
194 for purposes of computing the qualifying fee shall be computed
195 by multiplying 12 times the monthly salary authorized for such
196 office as of July 1 immediately preceding the first day of
197 qualifying. This subsection does not apply to candidates
198 qualifying for retention to judicial office.
199 (4) CANDIDATE’S OATH.—
200 (a) All candidates for the office of state attorney, public
201 defender, or school board member shall subscribe to the oath as
202 prescribed in s. 99.021.
203 (b) All candidates for judicial office shall subscribe to
204 an oath or affirmation in writing to be filed with the
205 appropriate qualifying officer upon qualifying. A printed copy
206 of the oath or affirmation shall be furnished to the candidate
207 by the qualifying officer and shall be in substantially the
208 following form:
209
210 State of Florida
211 County of ....
212 Before me, an officer authorized to administer oaths,
213 personally appeared ...(please print name as you wish it to
214 appear on the ballot)..., to me well known, who, being sworn,
215 says he or she: is a candidate for the judicial office of ....;
216 that his or her legal residence is .... County, Florida; that he
217 or she is a qualified elector of the state and of the
218 territorial jurisdiction of the court to which he or she seeks
219 election; that he or she is qualified under the constitution and
220 laws of Florida to hold the judicial office to which he or she
221 desires to be elected or in which he or she desires to be
222 retained; that he or she has qualified for no other public
223 office in the state, the term of which office or any part
224 thereof runs concurrent to the office he or she seeks; that he
225 or she has resigned from any office which he or she is required
226 to resign pursuant to s. 99.012, Florida Statutes; and that he
227 or she will support the Constitution of the United States and
228 the Constitution of the State of Florida.
229
230 ...(Signature of candidate)...
231 ...(Address)...
232
233 Sworn to and subscribed before me this .... day of ....,
234 ...(year)..., at .... County, Florida.
235
236 ...(Signature and title of officer administering oath)...
237
238 (5) ITEMS REQUIRED TO BE FILED.—
239 (a) In order for a candidate for judicial office or the
240 office of state attorney, public defender, or school board
241 member to be qualified, the following items must be received by
242 the filing officer by the end of the qualifying period:
243 1. Except for candidates for retention to judicial office,
244 a properly executed check drawn upon the candidate’s campaign
245 account in an amount not less than the fee required by
246 subsection (3) or, in lieu thereof, the copy of the notice of
247 obtaining ballot position pursuant to s. 105.035. If a
248 candidate’s check is returned by the bank for any reason, the
249 filing officer shall immediately notify the candidate and the
250 candidate shall, the end of qualifying notwithstanding, have 48
251 hours from the time such notification is received, excluding
252 Saturdays, Sundays, and legal holidays, to pay the fee with a
253 cashier’s check purchased from funds of the campaign account.
254 Failure to pay the fee as provided in this subparagraph shall
255 disqualify the candidate.
256 2. The candidate’s oath required by subsection (4), which
257 must contain the name of the candidate as it is to appear on the
258 ballot; the office sought, including the district or group
259 number if applicable; and the signature of the candidate, duly
260 acknowledged.
261 3. The loyalty oath required by s. 876.05, signed by the
262 candidate and duly acknowledged.
263 4. The completed form for the appointment of campaign
264 treasurer and designation of campaign depository, as required by
265 s. 106.021. In addition, each candidate for judicial office,
266 including an incumbent judge, shall file a statement with the
267 qualifying officer, within 10 days after filing the appointment
268 of campaign treasurer and designation of campaign depository,
269 stating that the candidate has read and understands the
270 requirements of the Florida Code of Judicial Conduct. Such
271 statement shall be in substantially the following form:
272
273 Statement of Candidate for Judicial Office
274
275 I, ...(name of candidate)..., a judicial candidate, have
276 received, read, and understand the requirements of the Florida
277 Code of Judicial Conduct.
278 ...(Signature of candidate)...
279 ...(Date)...
280
281 5. The full and public disclosure of financial interests
282 required by s. 8, Art. II of the State Constitution or the
283 statement of financial interests required by s. 112.3145,
284 whichever is applicable. A public officer who has filed the full
285 and public disclosure or statement of financial interests with
286 the Commission on Ethics or the supervisor of elections prior to
287 qualifying for office may file a copy of that disclosure at the
288 time of qualifying.
289 (b) If the filing officer receives qualifying papers that
290 do not include all items as required by paragraph (a) prior to
291 the last day of qualifying, the filing officer shall make a
292 reasonable effort to notify the candidate of the missing or
293 incomplete items and shall inform the candidate that all
294 required items must be received by the close of qualifying. A
295 candidate’s name as it is to appear on the ballot may not be
296 changed after the end of qualifying.
297 (6) Notwithstanding the qualifying period prescribed in
298 this section, a filing officer may accept and hold qualifying
299 papers submitted not earlier than 14 days prior to the beginning
300 of the qualifying period, to be processed and filed during the
301 qualifying period.
302 Section 5. Section 105.035, Florida Statutes, is amended to
303 read:
304 105.035 Petition process of qualifying for certain judicial
305 offices and the offices of state attorney, public defender, and
306 the office of school board member.—
307 (1) A person seeking to qualify for election to the office
308 of circuit judge or county court judge or the office of state
309 attorney, public defender, or school board member may qualify
310 for election to such office by means of the petitioning process
311 prescribed in this section. A person qualifying by this petition
312 process is not required to pay the qualifying fee required by
313 this chapter.
314 (2) The petition format shall be prescribed by the division
315 of Elections and shall be used by the candidate to reproduce
316 petitions for circulation. If the candidate is running for an
317 office that will be grouped on the ballot with two or more
318 similar offices to be filled at the same election, the
319 candidate’s petition must indicate, prior to the obtaining of
320 registered electors’ signatures, for which group or district
321 office the candidate is running.
322 (3) Each candidate for election to a judicial office or the
323 office of state attorney, public defender, or school board
324 member shall obtain the signature of a number of qualified
325 electors equal to at least 1 percent of the total number of
326 registered electors of the district, circuit, county, or other
327 geographic entity represented by the office sought as shown by
328 the compilation by the department of State for the last
329 preceding general election. A separate petition shall be
330 circulated for each candidate availing himself or herself of the
331 provisions of this section. Signatures may not be obtained until
332 the candidate has filed the appointment of campaign treasurer
333 and designation of campaign depository pursuant to s. 106.021.
334 (4)(a) Each candidate seeking to qualify for election to
335 the office of circuit judge, the office of state attorney or
336 public defender, or the office of school board member from a
337 multicounty school district pursuant to this section shall file
338 a separate petition from each county from which signatures are
339 sought. Each petition shall be submitted, before prior to noon
340 of the 28th day preceding the first day of the qualifying period
341 for the office sought, to the supervisor of elections of the
342 county for which such petition was circulated. Each supervisor
343 of elections to whom a petition is submitted shall check the
344 signatures on the petition to verify their status as electors of
345 that county and of the geographic area represented by the office
346 sought. No later than the 7th day before the first date for
347 qualifying, the supervisor shall certify the number shown as
348 registered electors and submit such certification to the
349 division of Elections. The division shall determine whether the
350 required number of signatures has been obtained for the name of
351 the candidate to be placed on the ballot and shall notify the
352 candidate. If the required number of signatures has been
353 obtained, the candidate shall, during the time prescribed for
354 qualifying for office, submit a copy of such notice and file his
355 or her qualifying papers and oath prescribed in s. 105.031 with
356 the division of Elections. Upon receipt of the copy of such
357 notice and qualifying papers, the division shall certify the
358 name of the candidate to the appropriate supervisor or
359 supervisors of elections as having qualified for the office
360 sought.
361 (b) Each candidate seeking to qualify for election to the
362 office of county court judge or the office of school board
363 member from a single county school district pursuant to this
364 section shall submit his or her petition, before prior to noon
365 of the 28th day preceding the first day of the qualifying period
366 for the office sought, to the supervisor of elections of the
367 county for which such petition was circulated. The supervisor
368 shall check the signatures on the petition to verify their
369 status as electors of the county and of the geographic area
370 represented by the office sought. No later than the 7th day
371 before the first date for qualifying, the supervisor shall
372 determine whether the required number of signatures has been
373 obtained for the name of the candidate to be placed on the
374 ballot and shall notify the candidate. If the required number of
375 signatures has been obtained, the candidate shall, during the
376 time prescribed for qualifying for office, submit a copy of such
377 notice and file his or her qualifying papers and oath prescribed
378 in s. 105.031 with the qualifying officer. Upon receipt of the
379 copy of such notice and qualifying papers, such candidate shall
380 be entitled to have his or her name printed on the ballot.
381 Section 6. Subsections (2) and (4) of section 105.041,
382 Florida Statutes, are amended to read:
383 105.041 Form of ballot.—
384 (2) LISTING OF CANDIDATES.—The order of nonpartisan offices
385 appearing on the ballot shall be determined by the department of
386 State. The names of candidates for election to each nonpartisan
387 office shall be listed in alphabetical order. With respect to
388 the office titles placed above the names of candidates for the
389 offices of state attorney and public defender, the applicable
390 judicial circuit must be identified. With respect to retention
391 of justices and judges, the question “Shall Justice (or Judge)
392 (name of justice or judge) of the (name of the court) be
393 retained in office?” shall appear on the ballot in alphabetical
394 order and thereafter the words “Yes” and “No.”
395 (4) WRITE-IN CANDIDATES.—Space shall be made available on
396 the general election ballot for an elector to write in the name
397 of a write-in candidate for judge of a circuit court or county
398 court, the office of state attorney or public defender, or
399 member of a school board if a candidate has qualified as a
400 write-in candidate for such office pursuant to s. 105.031. This
401 subsection does shall not apply to the offices of justices and
402 judges seeking retention.
403 Section 7. Paragraph (a) of subsection (1) of section
404 105.051, Florida Statutes, is amended to read:
405 105.051 Determination of election or retention to office.—
406 (1) ELECTION.—In circuits and counties holding elections:
407 (a) The name of an unopposed candidate for the office of
408 circuit judge, county court judge, state attorney, public
409 defender, or member of a school board may shall not appear on
410 any ballot, and such candidate shall be deemed to have voted for
411 himself or herself at the general election.
412 Section 8. Present subsection (2) of section 105.061,
413 Florida Statutes, is renumbered as subsection (3), and a new
414 subsection (2) is added to that section, to read:
415 105.061 Electors qualified to vote.—
416 (2) Each qualified elector of a judicial circuit is
417 eligible to vote for a candidate for the offices of state
418 attorney and public defender of such circuit.
419 Section 9. Subsection (1) of section 105.08, Florida
420 Statutes, is amended to read:
421 105.08 Campaign contribution and expense; reporting.—
422 (1) A candidate for judicial office, state attorney, public
423 defender, or the office of school board member may accept
424 contributions and may incur only such expenses as are authorized
425 by law. Each such candidate shall keep an accurate record of his
426 or her contributions and expenses, and shall file reports
427 pursuant to chapter 106.
428 Section 10. Section 105.09, Florida Statutes, is amended to
429 read:
430 105.09 Political activity on in behalf of a candidate for
431 judicial office or the office of state attorney or public
432 defender limited.—
433 (1) A No political party or partisan political organization
434 may not shall endorse, support, or assist any candidate in a
435 campaign for election to judicial office or the office of state
436 attorney or public defender.
437 (2) Any person who knowingly, in an individual capacity or
438 as an officer of an organization, violates the provisions of
439 this section commits is guilty of a misdemeanor of the second
440 degree, punishable as provided in s. 775.082 or s. 775.083.
441 Section 11. This act shall take effect July 1, 2017.