§ 99.095 Petition process in lieu of a qualifying fee and party assessment.
Overview of Statute
(1) A person who seeks to qualify as a candidate for any office and who meets the petition requirements of this section is not required to pay the qualifying fee or party assessment required by this chapter.
s. 2, ch. 74-119; s. 6, ch. 77-175; s. 29, ch. 79-400; s. 10, ch. 89-338; s. 9, ch. 90-315; s. 539, ch. 95-147; s. 3, ch. 99-140; s. 1, ch. 99-318; s. 14, ch. 2005-277; s. 9, ch. 2005-286; s. 17, ch. 2007-30; s. 11, ch. 2008-95; s. 18, ch. 2011-40.
- ballot access
- candidate methods of nomination
- candidate qualifications
- filing fees
- petitions for nomination
- Signature requirements
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for General Election
An election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law. Fla. Stat. § 97.021(16).
4. Definition for Campaign Treasurer
An individual appointed by a candidate or political committee as provided in chapter 106. Fla. Stat. § 106.011(2).
5. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
6. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
7. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
8. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
9. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Carroll v. Mack
Citation: 766 So.2d 1216
Case Summary: Carroll v. Mack held that even though the candidate did not know about the boundaries of a newly-created district at the time of filing, she did not meet the statutory signature requirement that would have allowed her to qualify without paying a filing fee. She was unable to use signatures collected throughout the county to meet the requirement.
Case Name: Danciu v. Glisson
Citation: 302 So.2d 131
Case Summary: Danciu v. Glisson held that independent candidates only needed a 3% signature requirement instead of a 5% requirement. The 5% requirement was arbitrary, and put independent candidates at a disadvantage as compared to minor party candidates, who only needed 3% to qualify.
Case Name: Germalic v. Detzner
Case Number: 2012 WL 6621689
Federal District Court: Northern District of Florida
Case URL: https://perma.cc/9QF5-HHJF
Case Summary: Germalic v. Detzner held that Germalic, a plaintiff attempting to run for president who filed his suit at the last minute, did not show any chance of success on the merits of his claim, which argued that Florida's signature requirement was too demanding.
Case Name: Green v. Mortham
Citation: 989 F. Supp. 1451
Federal District Court: Middle District of Florida
Case Summary: Green v. Mortham held that Florida's ballot access requirements were reasonable and did not unduly burden plaintiff's constitutional rights.
Case Name: McCarthy v. Askew
Citation: 420 F.Supp. 775
Federal District Court: Southern District of Florida
Case Summary: McCarthy v. Askew held that it was an unconstitutional abridgment of plaintiff's rights to keep the independent candidate off of the ballot, since Florida law had no way for an independent candidate to get his or her name onto the presidential ballot.
Regulations & Guidance
The Honorable Vicki P. Cannon, Supervisor of Elections, Nassau County, Candidates; Qualifying; Petitions Member of cancelled political party qualifying as a candidate for another political party; validity of candidate petitions designating the cancelled political party; role of qualifying or filing officer
Fla. Jur. 2d Elections s 15, Qualification of candidates; filing fees and campaign expenses
Fla. Jur. 2d Elections s 16, Notice of special elections
Fla. Jur. 2d Elections s 88, Qualification without payment of fees and assessments; petition process
Fla. Jur. 2d Elections s 118, Notice