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Florida > The Florida Election Code > Voting Methods And Procedure

§ 101.252 Candidates entitled to have names printed on certain ballots; exception.

Overview of Statute

This statute governs when candidates are entitled to have their names printed on ballots. Candidates for nomination who have qualified are entitled to have their names printed on the official primary election ballots. When there is only one candidate, the name of the candidate is not to be printed, since the candidate is automatically said to be nominated. Candidates for party executive committee members who have qualified are entitled to have their names on the primary ballot. When there is only one candidate of a party qualified, the name of the candidate will not be printed on the ballot, since the candidate is automatically elected to the state or county executive committee.

Statute

(1) Any candidate for nomination who has qualified as prescribed by law is entitled to have his or her name printed on the official primary election ballot. However, when there is only one candidate of any political party qualified for an office, the name of the candidate shall not be printed on the primary election ballot, and such candidate shall be declared nominated for the office.

(2) Any candidate for party executive committee member who has qualified as prescribed by law is entitled to have his or her name printed on the primary election ballot. However, when there is only one candidate of any political party qualified for such an office, the name of the candidate shall not be printed on the primary election ballot, and such candidate shall be declared elected to the state or county executive committee.

History:

s. 27, ch. 6469, 1913; RGS 331; CGL 388; s. 3, ch. 26870, 1951; s. 1, ch. 63-99; s. 5, ch. 65-378; s. 16, ch. 77-175; s. 21, ch. 89-338; s. 561, ch. 95-147; s. 15, ch. 2005-286.

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 [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).

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

Out-of-State Cases

Case State: florida

Case Name: Republican State Executive Committee v. Graham

Citation: 388 So.2d 556

Year: 1980

Case URL: https://www.ravellaw.com/opinions/8130151b0afb9a6e02475e833d51808b

Case Summary: Republican State Executive Committee v. Graham held that the statute governing candidates for nomination who were entitled to have their names printed on the official primary ballot clearly stated that if there was only one candidate, that candidate was automatically nominated for office. Further, the Governor had a legal duty to call for a special primary when the sole qualifier for a legislative seat withdrew from the race.

Case State: florida

Case Name: In re Advisory Opinion to Governor Request of Aug. 28, 1980

Citation: 388 So.2d 554

Year: 1980

Case URL: https://www.ravellaw.com/opinions/35dcca091474a2d98e56635ea1be8778

Case Summary: In re Advisory Opinion to Governor Request of Aug. 28, 1980 held that it did not construe a request to render an advisory opinion interpreting the Florida Constitution regarding responsibilities under the statutory provisions referred to in the request to involve the interpretation of any portion of the constitution.

Case State: florida

Case Name: State ex rel. Shevin v. Stone

Citation: 279 So.2d 17

Year: 1972

Case URL: https://www.ravellaw.com/opinions/a42a2ae95f9e954f138d014df0fe12e6?query=279%20S[...]

Case Summary: State ex rel. Shevin v. Stone held that the respondent candidates satisfied the resign to run statute and that the state attorney general's grounds for issuance of a writ of mandamus requesting the secretary of state to remove their names from the ballot failed.

Federal Cases

Additional Resources

Further Reading

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

  • Fla. Jur. 2d Elections s 130, Primary election ballots

  • Fla. Jur. 2d Elections s 189, Generally; vote necessary to constitute choice

  • Construction and application of statutes relating to filling vacancies in nominations for election to public office, 143 A.L.R. 996

  • “Candidate-Making and the Constitution: Constitutional Restraints on and Protections of Party Nominating Methods” 57 S. Cal. L. Rev. 213