§ 99.096 Minor political party candidates; names on ballot.
Statute
Each person seeking to qualify for election as a candidate of a minor political party shall file his or her qualifying papers with, and pay the qualifying fee and, if one has been levied, the party assessment, or qualify by the petition process pursuant to s. 99.095, with the officer and at the times and under the circumstances provided in s. 99.061.
History:
s. 5, ch. 70-269; s. 1, ch. 70-439; s. 4, ch. 74-119; s. 8, ch. 77-175; s. 3, ch. 78-188; s. 12, ch. 89-338; s. 1, ch. 90-229; s. 11, ch. 90-315; s. 541, ch. 95-147; s. 3, ch. 99-318; s. 16, ch. 2005-277; s. 18, ch. 2007-30.
1. Definition for Minor Political Party
Any group as specified in s. 103.095 which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state. Fla. Stat. § 97.021(19).
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 Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
4. Definition for Candidate
Any person to whom any one or more of the following applies:
Cases
Florida Cases
Case Name: Libertarian Party of Florida v. Smith
Citation: 687 So.2d 1292
Year: 1996
Case URL: https://www.ravellaw.com/opinions/f71cf6e3fcc90f9f23de55a8e9818b78?query=Liberta[...]
Case Summary: Libertarian Party of Florida v. Smith held that Florida's law excluding parties with less than 5% of total registered voters from receiving partial refunds of their candidate's filing fees was not the kind of ballot access provision that implicated the 1st and 14th Amendments, and that the statute was reasonably related to Florida's interest in strengthening major parties as a means of preventing factionalism in the state.
Case Name: Danciu v. Glisson
Citation: 302 So.2d 131
Year: 1974
Case URL: https://www.ravellaw.com/opinions/0869be13481f7349d113882404068887?query=Danciu%[...]
Case Summary: Danciu v. Glisson held that independent candidates only needed a 3% signature requirement instead of a 5% requirement. The 5% requirement was arbitrary, and put independent candidates at a disadvantage as compared to minor party candidates, who only needed 3% to qualify.
Out-of-State Cases
Federal Cases
Case Name: Green v. Mortham
Citation: 989 F. Supp. 1451
Federal District Court: Middle District of Florida
Year: 1998
Case URL: https://www.ravellaw.com/opinions/bb533853153c11dd2197c30be0c1ed11?query=989%20F[...]
Case Summary: Green v. Mortham held that Florida's ballot access requirements were reasonable and did not unduly burden plaintiff's constitutional rights.
Case Name: Socialist Workers Party v. Leahy
Citation: 145 F.3d 1240
Federal Circuit Court: 11th Circuit Court
Year: 1998
Case URL: https://www.ravellaw.com/opinions/2fa998339631b9cb030d8a6a4b5fd4b9?query=Sociali[...]
Case Summary: Socialist Workers Party v. Leahy held that there was a "live controversy" between minor political parties and Florida's Secretary of State in challenging a statute that required officers of minor parties to file performance bonds.
Case Name: Fulani v. Krivanek
Citation: 973 F.2 1539
Federal Circuit Court: 11th Circuit Court
Year: 1992
Case URL: https://www.ravellaw.com/opinions/9adc358cee701ce1767a76672092810b?query=Fulani%[...]
Case Summary: Fulani v. Krivanek held that Florida law denying minority party candidates qualifying by petition the right to waive the signature verification fee violated the 1st and 14th Amendments by conditioning ballot access on paying a fee, which burdened minor party resources in violation of the Equal Protection Clause of the 14th Amendment.
Regulations & Guidance
Additional Resources
Further Reading
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Fla. Jur. 2d Elections s 78, Generally
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Fla. Jur. 2d Elections s 81, Generally
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Fla. Jur. 2d Elections s 86, Generally