§ 103.081 Use of party name; political advertising.
Overview of Statute
This statute governs the use of party name and political advertising. It provides an overview of when people can use the name, abbreviation, or symbol of a political party, and the procedures they must go through to be able to use the party name. This statute also governs how political parties file names with the Department of State of groups and committees associated with the parties.
(1) No person shall use the name, abbreviation, or symbol of any political party, the name, abbreviation, or symbol of which is filed with the Department of State, in political advertising in newspapers, other publications, handbills, radio or television, or any other form of advertising in connection with any political activities in support of a candidate of any other party, unless such person shall first obtain the written permission of the chair of the state executive committee of the party the name, abbreviation, or symbol of which is to be used.
s. 6, ch. 6469, 1913; RGS 304; CGL 360; s. 7, ch. 26870, 1951; s. 26, ch. 29934, 1955; s. 1, ch. 57-202; s. 1, ch. 61-424; s. 3, ch. 67-353; ss. 10, 35, ch. 69-106; s. 32, ch. 77-175; s. 606, ch. 95-147; s. 35, ch. 2007-30; ss. 1, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. 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).
3. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Wagner v. Gray
Citation: 74 So.2d 89
Case Summary: Wagner v. Gray held in part that the statute requiring a majority vote for the nomination of candidates by political parties for election to public office does not violate the constitutional provision that a plurality of votes is needed for the election of an elected official.
Fla. Jur. 2d Elections s 69, Generally
Fla. Jur. 2d Elections s 77, Affiliated party committees