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Florida > The Florida Election Code > Candidates

§ 99.096 Minor political party candidates; names on ballot.

Statute

Each person seeking to qualify for election as a candidate of a minor political party shall file his or her qualifying papers with, and pay the qualifying fee and, if one has been levied, the party assessment, or qualify by the petition process pursuant to s. 99.095, with the officer and at the times and under the circumstances provided in s. 99.061.

History:

s. 5, ch. 70-269; s. 1, ch. 70-439; s. 4, ch. 74-119; s. 8, ch. 77-175; s. 3, ch. 78-188; s. 12, ch. 89-338; s. 1, ch. 90-229; s. 11, ch. 90-315; s. 541, ch. 95-147; s. 3, ch. 99-318; s. 16, ch. 2005-277; s. 18, ch. 2007-30.

Definition [Minor Political Party]

Any group as specified in s. 103.095 which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state. Fla. Stat. § 97.021(19).

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. Fla. Stat. § 106.011(14).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

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. Fla. Stat. § 97.021(6).

Cases

florida Cases

Case Name: Libertarian Party of Florida v. Smith

Citation: 687 So.2d 1292

Year: 1996

Case URL: https://www.ravellaw.com/opinions/f71cf6e3fcc90f9f23de55a8e9818b78?query=Liberta[...]

Case Summary: Libertarian Party of Florida v. Smith held that Florida's law excluding parties with less than 5% of total registered voters from receiving partial refunds of their candidate's filing fees was not the kind of ballot access provision that implicated the 1st and 14th Amendments, and that the statute was reasonably related to Florida's interest in strengthening major parties as a means of preventing factionalism in the state.

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: Socialist Workers Party v. Leahy

Citation: 145 F.3d 1240

Federal Circuit Court: 11th Circuit Court

Year: 1998

Case URL: https://www.ravellaw.com/opinions/2fa998339631b9cb030d8a6a4b5fd4b9?query=Sociali[...]

Case Summary: Socialist Workers Party v. Leahy held that there was a "live controversy" between minor political parties and Florida's Secretary of State in challenging a statute that required officers of minor parties to file performance bonds.

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.

Regulations & Guidance

Additional Resources

Further Reading

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

  • Fla. Jur. 2d Elections s 81, Generally

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