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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.254 When nominated names to appear in groups or districts.

Overview of Statute

This statute governs what occurs when an office requires the nomination of more than one candidate. When this happens, the number of vacancies corresponds with the number of groups or districts. Every candidate has to indicate the group or district in which he/she wishes to appear on the ballot. Candidates attempting to qualify for the ballot by petition have to indicate on their petitions which group or district they want to qualify for.

Statute

When an office requires the nomination of more than one candidate, as many groups or districts shall be numerically designated as there are vacancies to be filled by nomination. Each candidate shall indicate on his or her qualifying papers the group or district in which the candidate desires his or her name to appear on the ballot. In addition, any candidate qualifying by the petition method must indicate on his or her petition prior to circulating such petition, which group or district for which the candidate is attempting to qualify.

History:

s. 52, ch. 6469, 1913; s. 8, ch. 6874, 1915; RGS 356; CGL 413; s. 3, ch. 26870, 1951; s. 6, ch. 65-378; s. 16, ch. 77-175; s. 23, ch. 89-338; s. 563, ch. 95-147.

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 [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: Eastmoore v. Stone

Citation: 265 So.2d 517

Year: 1972

Case URL: https://www.ravellaw.com/opinions/02eefbae8342724eaad9cc25ae9c9ce4?query=Eastmoo[...]

Case Summary: Eastmoore v. Stone held that the secretary of state was required as a ministerial duty to classify the candidate groups so as to reflect the statutory requirements. Because of this, the secretary of state was ordered to accept petitioner's qualifying papers as submitted for the upcoming election because they conformed to statutory requirements.

Out-of-State Cases

Federal Cases

Additional Resources

Further Reading

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

  • 0050 Surveys 5; Ballot Format Requirements