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florida > The Florida Election Code > General, Primary, Special, Bond, And Referendum Elections

§ 100.101 Special elections and special primary elections.

Statute

A special election or special primary election shall be held in the following cases:

(1) If no person has been elected at a general election to fill an office which was required to be filled by election at such general election.
(2) If a vacancy occurs in the office of state senator or member of the state house of representatives.
(3) If it is necessary to elect presidential electors, by reason of the offices of President and Vice President both having become vacant.
(4) If a vacancy occurs in the office of member from Florida of the House of Representatives of Congress.

History:

s. 4, ch. 3879, 1889; RS 158; s. 5, ch. 4328, 1895; GS 175; RGS 219; CGL 254; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 3, ch. 83-15; s. 19, ch. 2005-277; s. 21, ch. 2011-40.

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. Fla. Stat. § 97.021(16).

Definition [Primary Election]

An election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office. Fla. Stat. § 97.021(29).

Definition [Special Election]

A special election called for the purpose of voting on a party nominee to fill a vacancy in the national, state, county, or district office. Fla. Stat. § 97.021(34).

Definition [Special Primary Election]

A special nomination election designated by the Governor, called for the purpose of nominating a party nominee to be voted on in a general or special election.

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 [Elector]

“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).

Definition [Election]

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

Cases

florida Cases

Case Name: Judicial Nominating Commission, Ninth Circuit v. Graham

Citation: 424 So.2d 10

Year: 1982

Case URL: https://www.ravellaw.com/opinions/ff6e93ccf9ec08a8173e23e4f770f81a?query=424%20S[...]

Case Summary: Judicial Nominating Commission, Ninth Circuit v. Graham held in part that the Governor properly called for special elections to fill judicial vacancies because there was enough time to schedule a special election during the primary and general election dates. Note that this case’s holding was questioned in Pincket v. Harris, 765 So.2d 284, which held that a judge’s former seat was to be filled by a gubernatorial appointment, not an election.

Case Name: Dulaney v. City of Miami Beach

Citation: 96 So.2d 550

Year: 1957

Case URL: https://www.ravellaw.com/opinions/df2447b39fe1ff725d1438ecee44b9e5

Case Summary: Dulaney v. City of Miami Beach held in part that although taxpayers, who were suing to enjoin a special election called to submit an initiative to the electorate, contended that initiative laws did not apply to zoning, it was proper for the chancellor to refuse to rule on the validity of the proposed ordinance.

Case Name: Tacker v. Board of Commissioners of Polk County

Citation: 126 Fla. 15

Year: 1936

Case URL: https://casetext.com/case/tacker-v-board-of-county-com

Case Summary: Tacker v. Board of Commissioners of Polk County held in part that where the statute provides for calling a special election on the condition of a petition signed by qualified electors, the phrase refers to voters who are registered as electors and who have constitutional qualifications.

Out-of-State Cases

Federal Cases

Case Name: Gong v. Bryant

Citation: 230 F. Supp. 917

Federal District Court: Southern District of Florida

Year: 1964

Case URL: https://www.ravellaw.com/opinions/6fde964cdcb0c746eb63b8bba52482dd

Case Summary: Gong v. Bryant held in part that when primary balloting was set to begin, state statutes did not authorize special primaries.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 13, Generally

  • Fla. Jur. 2d Elections s 19, Filling vacancies in congressional offices

  • Fla. Jur. 2d Elections s 21, Election of President and Vice President; presidential electors

  • Fla. Jur. 2d Elections s 98, To fill vacancies in offices

  • Fla. Jur. 2d Elections s 137, Expenses of elections

  • “Voter Education: The Key to Election Reform Success Lessons from Florida” 36 U. Mich. J.L. Reform 517