§ 103.021 Nomination for presidential electors.

Rule 1S-2.045 requires that these petitions be submitted by July 15th of the election year for signature verification, although the names of the candidates and electors need not be submitted until September 1st of that year.

Evan McMullin was recently denied ballot access under this statute, see http://www.politico.com/states/florida/story/2016/09/ballot-experts-past-rulings-question-scott-administrations-decision-to-block-third-part-presidential-candidate-105562. The Independent Party of Florida filed nominating papers to make McMullen its presidential candidate. But the Florida Division of Elections, overseen by Gov. Rick Scott (who runs a pro-Trump Super PAC), said the Independent Party could not get its nominee placed on the general election ballot because it is not recognized as a “national party” by the FEC. Critics of this decision point out that the “national party” designation is for fundraising, not ballot access.

The Florida Department of State’s recent decision is contrary to its 2011 decision allowing a group called Americans Elect, a non-profit formed to advocate for a national online primary, a place on the Nov. 2012 ballot for its candidate. In a letter, available here (http://www.politico.com/states/f/?id=00000157-34b2-dcf8-a9ff-74fbe9810001), Dept. of State General Counsel Nordby reasoned that if a minor political party registered in Florida filed the required certificate under this section, the Secretary of State would order that the names of the candidates nominated by the minor political party be included on the ballot. But importantly, Nordby cautioned that this placement of candidates on the ballot would not preclude someone else from bringing a legal challenge against a party or its candidates alleging that they are not affiliated with a “national party.”