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florida > The Florida Election Code > Candidates

§ 99.0955 Candidates with no party affiliation; name on general election ballot.

Overview of Statute

This statute states that potential candidates without party affiliation file qualifying papers and pay the qualifying fee, or qualify by the petition process, in the same way that candidates with party affiliations do. The qualifying fee for candidates without party affiliation consists of a filing fee and an election assessment. Filing fees paid to the Department of State are deposited in the General Revenue Fund of the state, while filing fees paid to the supervisor of elections are deposited into the general revenue fund of the county.

Statute

(1) Each person seeking to qualify for election as a candidate with no party affiliation shall file his or her qualifying papers and pay the qualifying fee or qualify by the petition process pursuant to s. 99.095 with the officer and during the times and under the circumstances prescribed in s. 99.061. Upon qualifying, the candidate is entitled to have his or her name placed on the general election ballot.

(2) The qualifying fee for candidates with no party affiliation shall consist of a filing fee and an election assessment as prescribed in s. 99.092. Filing fees paid to the Department of State shall be deposited into the General Revenue Fund of the state. Filing fees paid to the supervisor of elections shall be deposited into the general revenue fund of the county.

History:

s. 6, ch. 70-269; s. 1, ch. 70-439; s. 3, ch. 74-119; s. 7, ch. 77-175; s. 2, ch. 78-188; s. 11, ch. 89-338; s. 10, ch. 90-315; s. 540, ch. 95-147; s. 13, ch. 95-280; s. 4, ch. 99-140; s. 2, ch. 99-318; s. 15, ch. 2005-277.

Definition [Department]

The Department of State.

Definition [Supervisor]

The supervisor of elections.

Definition [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.

Definition [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.

Definition [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.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

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

Case Name: Danciu v. Glisson

Citation: 302 So.2d 131

Year: 1974

Case URL: https://www.ravellaw.com/opinions/0869be13481f7349d113882404068887?query=Danciu%[...]

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.

Out-of-State Cases

Federal Cases

Case Name: Fulani v. Krivanek

Citation: 973 F.2 1539

Federal Circuit Court: 11th Circuit Court

Year: 1992

Case URL: https://www.ravellaw.com/opinions/9adc358cee701ce1767a76672092810b?query=Fulani%[...]

Case Summary: Fulani v. Krivanek held that Florida law denying minority party candidates qualifying by petition the right to waive the signature verification fee violated the 1st and 14th Amendments by conditioning ballot access on paying a fee, which burdened minor party resources in violation of the Equal Protection Clause of the 14th Amendment.

Case Name: Libertarian Party of Florida v. State of Florida

Citation: 710 F.2d 790

Federal Circuit Court: 11th Circuit Court

Year: 1983

Case URL: https://www.ravellaw.com/opinions/cc7ffe5813c2bb7ebd7dc8f0f7eeaff5?query=710%20F[...]

Case Summary: Libertarian Party of Florida v. State of Florida held that Florida law providing that minor party candidates can be listed on the ballot if they meet the 3% signature requirement was not unconstitutional under the 1st and 14th Amendments.

Case Name: McCarthy v. Askew

Citation: 420 F.Supp. 775

Federal District Court: Southern District of Florida

Year: 1976

Case URL: https://www.ravellaw.com/opinions/537c9308c43baa2c01feff31253e265d?query=McCarth[...]

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.

Case Name: Anderson v. Firestone

Citation: 499 F. Supp. 1027

Federal District Court: Northern District of Florida

Year: 1980

Case URL: https://www.ravellaw.com/opinions/830210e4ac8d165420b304e0fd3d048d

Case Summary: Anderson v. Firestone held that an independent candidate for president was denied equal protection when Florida failed to provide a mechanism for filling a vacancy caused when the vice presidential candidate listed on the independent candidate's petition withdrew, since the petitions had to be filed before the presidential candidate chose his actual running mate.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 78, Generally

  • Fla. Jur. 2d Elections s 86, Generally

  • Fla. Jur. 2d Elections s 90, Nomination by petition