CS for SB 620                                    First Engrossed
       
       
       
       
       
       
       
       
       2026620e1
       
    1                        A bill to be entitled                      
    2         An act relating to candidate qualifying; amending s.
    3         99.021, F.S.; requiring a candidate for federal office
    4         to state in writing whether he or she intends to trade
    5         stock while serving in federal office; creating s.
    6         99.0211, F.S.; requiring candidates to ensure they
    7         satisfy statutory and constitutional requirements for
    8         office; authorizing certain candidates, political
    9         parties, and affiliated party committees to challenge
   10         compliance with such requirements in a specified
   11         manner; providing that a person may not qualify as a
   12         candidate and appear on the ballot if the court makes
   13         a certain determination; providing that candidates,
   14         political parties, and affiliated party committees are
   15         entitled to expedited proceedings; requiring
   16         supervisors of elections to remove the names of
   17         certain candidates from the ballot and provide a
   18         certain notice to voters; amending s. 99.061, F.S.;
   19         revising the list of items a candidate must submit to
   20         the filing officer to be a qualified candidate to
   21         include a certain written statement and a specified
   22         oath or affirmation; amending s. 105.031, F.S.;
   23         requiring certain candidates to provide to the filing
   24         officer a statement disclosing dual citizenship for
   25         nomination and election to a judicial office or to a
   26         district school board; amending s. 106.023, F.S.;
   27         requiring a candidate to provide a certain oath or
   28         affirmation in writing at the time of filing his or
   29         her statement of candidacy; reenacting s.
   30         99.012(1)(b), F.S., relating to definition of the term
   31         “qualifying,” to incorporate the amendments made to
   32         ss. 99.061 and 105.031, F.S., in references thereto;
   33         requiring candidates for representative to Congress
   34         seeking ballot position by petition to obtain a
   35         specified percentage of signatures to qualify for such
   36         office; authorizing the obtaining of signatures from
   37         any registered voters in this state; specifying
   38         petition requirements; requiring candidates to file
   39         qualification paperwork with and pay a qualifying fee
   40         to the Department of State within a specified
   41         timeframe; specifying that requirements and procedures
   42         relating to qualifying for office must conform to
   43         specified provisions; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (d) of subsection (1) of section
   48  99.021, Florida Statutes, is amended to read:
   49         99.021 Form of candidate oath.—
   50         (1)
   51         (d)1. In addition, each candidate, whether a party
   52  candidate, a candidate with no party affiliation, or a write-in
   53  candidate, shall, at the time of subscribing to the oath or
   54  affirmation, state in writing whether he or she owes any
   55  outstanding fines, fees, or penalties that cumulatively exceed
   56  $250 for any violations of s. 8, Art. II of the State
   57  Constitution; the Code of Ethics for Public Officers and
   58  Employees under part III of chapter 112; any local ethics
   59  ordinance governing standards of conduct and disclosure
   60  requirements; or chapter 106. If the candidate owes any
   61  outstanding fines, fees, or penalties exceeding the threshold
   62  amount specified in this paragraph, he or she must also specify
   63  the amount owed and each entity that levied such fine, fee, or
   64  penalty. For purposes of this paragraph, any such fines, fees,
   65  or penalties that have been paid in full at the time of
   66  subscribing to the oath or affirmation are not deemed to be
   67  outstanding.
   68         2.In addition, each candidate seeking federal office,
   69  whether a party candidate, a candidate with no party
   70  affiliation, or a write-in candidate, shall, at the time of
   71  subscribing to the oath or affirmation, state in writing whether
   72  he or she intends to trade stocks if elected.
   73         Section 2. Section 99.0211, Florida Statutes, is created to
   74  read:
   75         99.0211 Challenging candidacy.—
   76         (1)A candidate must ensure that he or she will satisfy all
   77  statutory and constitutional requirements for the office for
   78  which he or she is seeking nomination or election.
   79         (2)A candidate or a political party with a candidate in
   80  the same race, or an affiliated party committee as authorized by
   81  s. 103.092, may challenge a candidate’s compliance with
   82  subsection (1) by filing an action for declaratory and
   83  injunctive relief in the circuit court for the county in which
   84  the filing officer is headquartered.
   85         (3)A person may not be qualified as a candidate for
   86  nomination or election, and his or her name may not appear on
   87  the ballot, if, in an order that has become final, the court
   88  determines that the candidate will not, at the time of
   89  qualification, election, or assumption of office, as applicable,
   90  satisfy all statutory and constitutional requirements for the
   91  office for which he or she is seeking nomination or election.
   92         (4)A candidate, a political party, or an affiliated party
   93  committee bringing an action for declaratory and injunctive
   94  relief under subsection (2) is entitled to an expedited final
   95  hearing, and any appeal of a final hearing must receive
   96  expedited consideration by the appellate court. Upon a final
   97  order of the circuit court which contains the determination
   98  under subsection (3), the supervisor of elections in each county
   99  affected by such candidacy shall remove the name of the
  100  candidate from the ballot, or if the ballots have already been
  101  printed, include a notice with each vote-by-mail ballot, and
  102  post a notice at each early voting location and polling
  103  precinct, stating that a vote for such candidate will not be
  104  counted.
  105         Section 3. Paragraph (a) of subsection (7) of section
  106  99.061, Florida Statutes, is amended to read:
  107         99.061 Method of qualifying for nomination or election to
  108  federal, state, county, or district office.—
  109         (7)(a) In order for a candidate to be qualified, the
  110  following items must be received by the filing officer by the
  111  end of the qualifying period:
  112         1. A properly executed check drawn upon the candidate’s
  113  campaign account payable to the person or entity as prescribed
  114  by the filing officer in an amount not less than the fee
  115  required by s. 99.092, unless the candidate obtained the
  116  required number of signatures on petitions pursuant to s.
  117  99.095. The filing fee for a special district candidate is not
  118  required to be drawn upon the candidate’s campaign account. If a
  119  candidate’s check is returned by the bank for any reason, the
  120  filing officer shall immediately notify the candidate and the
  121  candidate shall have until the end of qualifying to pay the fee
  122  with a cashier’s check purchased from funds of the campaign
  123  account. Failure to pay the fee as provided in this subparagraph
  124  shall disqualify the candidate.
  125         2. The candidate’s oath required by s. 99.021, which must
  126  contain the name of the candidate as it is to appear on the
  127  ballot; the office sought, including the district or group
  128  number if applicable; and the signature of the candidate, which
  129  must be verified under oath or affirmation pursuant to s.
  130  92.525(1)(a).
  131         3. If the office sought is partisan, the written statement
  132  of political party affiliation required by s. 99.021(1)(b); or
  133  if the candidate is running without party affiliation for a
  134  partisan office, the written statement required by s.
  135  99.021(1)(c).
  136         4.If the office sought is federal, the written statement
  137  required by s. 99.021(1)(d)2.
  138         5.4. The completed form for the appointment of campaign
  139  treasurer and designation of campaign depository, as required by
  140  s. 106.021.
  141         6.5. The full and public disclosure or statement of
  142  financial interests required by subsection (5). A public officer
  143  who has filed the full and public disclosure or statement of
  144  financial interests with the Commission on Ethics before
  145  qualifying for office may file a copy of that disclosure or a
  146  verification or receipt of electronic filing as provided in
  147  subsection (5) at the time of qualifying.
  148         7.An oath or affirmation in writing that states whether
  149  the candidate is a citizen of another country in addition to
  150  being a citizen of the United States, and, if so, discloses any
  151  other country of which the candidate is also a citizen.
  152         8.For a candidate seeking federal office, whether a party
  153  candidate, a candidate with no party affiliation, or a write-in
  154  candidate, an oath or affirmation in writing that states whether
  155  the candidate previously held a federal office, and, if so,
  156  discloses whether the candidate traded stocks while in such
  157  office.
  158         Section 4. Paragraph (a) of subsection (5) of section
  159  105.031, Florida Statutes, is amended to read:
  160         105.031 Qualification; filing fee; candidate’s oath; items
  161  required to be filed.—
  162         (5) ITEMS REQUIRED TO BE FILED.—
  163         (a) In order for a candidate for judicial office or the
  164  office of school board member to be qualified, the following
  165  items must be received by the filing officer by the end of the
  166  qualifying period:
  167         1. Except for candidates for retention to judicial office,
  168  a properly executed check drawn upon the candidate’s campaign
  169  account in an amount not less than the fee required by
  170  subsection (3) or, in lieu thereof, the copy of the notice of
  171  obtaining ballot position pursuant to s. 105.035. If a
  172  candidate’s check is returned by the bank for any reason, the
  173  filing officer shall immediately notify the candidate and the
  174  candidate shall, the end of qualifying notwithstanding, have 48
  175  hours from the time such notification is received, excluding
  176  Saturdays, Sundays, and legal holidays, to pay the fee with a
  177  cashier’s check purchased from funds of the campaign account.
  178  Failure to pay the fee as provided in this subparagraph shall
  179  disqualify the candidate.
  180         2. The candidate’s oath required by subsection (4), which
  181  must contain the name of the candidate as it is to appear on the
  182  ballot; the office sought, including the district or group
  183  number if applicable; and the signature of the candidate, duly
  184  acknowledged.
  185         3. The loyalty oath required by s. 876.05, signed by the
  186  candidate and duly acknowledged.
  187         4. The completed form for the appointment of campaign
  188  treasurer and designation of campaign depository, as required by
  189  s. 106.021. In addition, each candidate for judicial office,
  190  including an incumbent judge, shall file a statement with the
  191  qualifying officer, within 10 days after filing the appointment
  192  of campaign treasurer and designation of campaign depository,
  193  stating that the candidate has read and understands the
  194  requirements of the Florida Code of Judicial Conduct. Such
  195  statement shall be in substantially the following form:
  196  
  197             Statement of Candidate for Judicial Office            
  198  
  199  I, ...(name of candidate)..., a judicial candidate, have
  200  received, read, and understand the requirements of the Florida
  201  Code of Judicial Conduct.
  202  ...(Signature of candidate)...
  203  ...(Date)...
  204  
  205         5. The full and public disclosure of financial interests
  206  required by s. 8, Art. II of the State Constitution or the
  207  statement of financial interests required by s. 112.3145,
  208  whichever is applicable. A public officer who has filed the full
  209  and public disclosure or statement of financial interests with
  210  the Commission on Ethics or the supervisor of elections prior to
  211  qualifying for office may file a copy of that disclosure at the
  212  time of qualifying.
  213         6.An oath or affirmation in writing that states whether
  214  the candidate is a citizen of another country in addition to
  215  being a citizen of the United States, and, if so, discloses any
  216  other country of which the candidate is also a citizen.
  217         Section 5. Subsection (3) is added to section 106.023,
  218  Florida Statutes, to read:
  219         106.023 Statement of candidate.—
  220         (3) At the time of filing the statement of candidacy, a
  221  candidate must also provide an oath or affirmation in writing
  222  that states that he or she meets, or will meet at the time of
  223  election for the office sought or at the time of assuming the
  224  office, as applicable, all statutory and constitutional
  225  qualifications for the office sought.
  226         Section 6. For the purpose of incorporating the amendments
  227  made by this act to sections 99.061 and 105.031, Florida
  228  Statutes, in references thereto, paragraph (b) of subsection (1)
  229  of section 99.012, Florida Statutes, is reenacted to read:
  230         99.012 Restrictions on individuals qualifying for public
  231  office.—
  232         (1) As used in this section:
  233         (b) “Qualify” means to fulfill the requirements set forth
  234  in s. 99.061(7)(a) or s. 105.031(5)(a).
  235         Section 7. Notwithstanding any other law to the contrary,
  236  for the 2026 General Election:
  237         (1)Any candidate for representative to Congress seeking
  238  ballot position by the petition process described in s. 99.095,
  239  Florida Statutes, must obtain at least the number of signatures
  240  equal to one-third of 1 percent of the ideal population for each
  241  congressional district, as calculated by dividing the statewide
  242  population in the most recent decennial census by the number of
  243  representatives apportioned to the state after the most recent
  244  decennial census. Signatures may be obtained from any registered
  245  voter in Florida regardless of party affiliation or district
  246  boundaries. Petitions must state that the candidate is seeking
  247  the office of representative to Congress, but a district number
  248  is not required.
  249         (2)Each person seeking to qualify for nomination or
  250  election as a representative to Congress must file his or her
  251  qualification papers, and pay the qualifying fee, which shall
  252  consist of the filing fee and election assessment, and party
  253  assessment, if any has been levied, to the Department of State,
  254  or qualify by the petition process described in s. 99.095,
  255  Florida Statutes, with the Department of State, at any time
  256  after noon of the 1st day for qualifying, which shall be the
  257  71st day before the primary election, but not later than noon of
  258  the 67th day before the date of the primary election.
  259         (3) Except as otherwise provided in this section, all
  260  requirements and procedures relating to qualifying and to the
  261  candidate petition process must conform to the requirements and
  262  procedures in law.
  263         Section 8. This act shall take effect upon becoming a law.