§ 105.041 Form of ballot.
Overview of Statute
This statute provides an overview of how ballots must be formatted for nonpartisan elections. Candidates who appear on the ballot for the primary are to be grouped together on either a separate part of the ballot or on a separate ballot altogether. Candidates who appear on the ballot at the general election, along with justices and judges seeking retention, are to be grouped together on a specified portion of the ballot. While the order of the offices is determined by the Department of State, the names of candidates are listed alphabetically. Justices and judges are listed alphabetically as well. For nonpartisan offices, there can be no mention of party affiliation on the ballot. Finally, there needs to be space on the ballot for write-in candidates for judges and members of school boards, if those candidates have qualified to be write-in candidates. There are no write-in candidates for judge and justice retention.
(1) BALLOTS.—The names of candidates for nonpartisan office which appear on the ballot at the primary election shall be grouped together on a separate portion of the ballot or on a separate ballot. The names of candidates for election to nonpartisan office which appear on the ballot at the general election and the names of justices and judges seeking retention to office shall be grouped together on a separate portion of the general election ballot.
s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s. 18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch. 2005-286; s. 34, ch. 2008-95.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for 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).
3. Definition for 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).
4. Definition for Nonpartisan Office
An office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation. Fla. Stat. § 97.021(22).
5. Definition for 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).
6. Definition for 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).
7. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
8. Definition for Candidate
Any person to whom any one or more of the following applies:
Fla. Jur. 2d Courts and Judges s 292, Nonpartisanship requirement
7/1/2000 Florida Bar News, The 26, The Florida Bar Governmental Affairs Office • “Restriction of Judicial Election Candidates’ Free Speech Rights after Buckley: A Compelling Constitutional Limitation?” 70 Chi.-Kent L. Rev. 197