§ 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.
(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.
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.
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 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).
5. 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).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
7. Definition for Candidate
Any person to whom any one or more of the following applies:
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: Fulani v. Krivanek
Citation: 973 F.2 1539
Federal Circuit Court: 11th Circuit Court
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
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
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
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
Fla. Jur. 2d Elections s 78, Generally
Fla. Jur. 2d Elections s 86, Generally
Fla. Jur. 2d Elections s 90, Nomination by petition