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florida > The Florida Election Code > Candidates

§ 99.0615 Write-in candidate residency requirements.

Overview of Statute

This statute states that all write-in candidates must reside within the district represented by the office they’re trying to win at the time of qualification. Note that this statute was held unconstitutional by Matthews v. Steinberg in 2014, which held that the Election Code cannot impose additional eligibility requirements beyond those laid out in the State Constitution. The State Constitution states that a candidate has to reside within the district at the time of election, not at the time of qualifying.

Statute

At the time of qualification, all write-in candidates must reside within the district represented by the office sought.

History:

s. 56, ch. 2007-30.

Definition [Candidate]

Any person to whom any one or more of the following applies:

(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) Any person who files qualification papers and subscribes to a candidate’s oath as required by law.
This definition does not include any candidate for a political party executive committee.

Cases

florida Cases

Out-of-State Cases

Federal Cases

State Constitutional Provisions

Article III § 15. Terms and qualifications of legislators
(a) Senators. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms.
(b) Representatives. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.
(c) Qualifications. Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election.
(d) Assuming office; vacancies. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.

Additional Resources

Further Reading

  • Local Government Law s 10:1, Eligibility for public service

  • Fla. Jur. 2d Counties and Municipal Corporations s 137, Election

  • Fla. Jur. 2d State of Florida s 103, Qualifications of legislators