February 21, 2019
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_h0537e1
CS/HB 537

1
A bill to be entitled
2An act relating to the presidential preference primary;
3amending s. 103.101, F.S.; revising the dates relating to
4the presidential preference primary; amending s. 101.75,
5F.S.; authorizing municipalities to modify municipal
6election dates by ordinance to coincide with the
7presidential preference primary date; prescribing
8requirements for candidate qualifying, to conform;
9providing for terms of office of municipal officials;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (1), (2), (3), and (6) of section
15103.101, Florida Statutes, are amended to read:
16     103.101  Presidential preference primary.--
17     (1)  Each political party other than a minor political
18party shall, on the first second Tuesday in February March in
19each year the number of which is a multiple of 4, or the first
20Tuesday immediately following the New Hampshire presidential
21preference primary, whichever occurs first, so long as that date
22is no earlier than the second Tuesday in January of the year in
23which the presidential preference primary will be held, elect
24one person to be the candidate for nomination of such party for
25President of the United States or select delegates to the
26national nominating convention, as provided by party rule.
27     (2)  There shall be a Presidential Candidate Selection
28Committee composed of the Secretary of State, who shall be a
29nonvoting chair; the Speaker of the House of Representatives;
30the President of the Senate; the minority leader of each house
31of the Legislature; and the chair of each political party
32required to have a presidential preference primary under this
33section.
34     (a)  By October December 31 of the year preceding the
35Florida presidential preference primary, each political party
36shall submit to the Secretary of State a list of its
37presidential candidates to be placed on the presidential
38preference primary ballot or candidates entitled to have
39delegates appear on the presidential preference primary ballot.
40The Secretary of State shall prepare and publish a list of the
41names of the presidential candidates submitted. The Secretary of
42State shall submit such list of names of presidential candidates
43to the selection committee on the first Tuesday after the first
44Monday in November of the January each year preceding the a
45presidential preference primary election is held. Each person
46designated as a presidential candidate shall have his or her
47name appear, or have his or her delegates' names appear, on the
48presidential preference primary ballot unless all committee
49members of the same political party as the candidate agree to
50delete such candidate's name from the ballot. The selection
51committee shall meet in Tallahassee on the first Tuesday after
52the first Monday in November of the January each year preceding
53the a presidential preference primary is held. The selection
54committee shall publicly announce and submit to the Department
55of State no later than 5 p.m. on the following day the names of
56presidential candidates who shall have their names appear, or
57who are entitled to have their delegates' names appear, on the
58presidential preference primary ballot. The Department of State
59shall immediately notify each presidential candidate designated
60by the committee. Such notification shall be in writing, by
61registered mail, with return receipt requested.
62     (b)  Any presidential candidate whose name does not appear
63on the list submitted to the Secretary of State may request that
64the selection committee place his or her name on the ballot.
65Such request shall be made in writing to the Secretary of State
66no later than the second Tuesday after the first Monday in
67November of the year preceding the presidential preference
68primary January.
69     (c)  If a presidential candidate makes a request that the
70selection committee reconsider placing the candidate's name on
71the ballot, the selection committee will reconvene no later than
72the second Thursday after the first Monday in November of the
73year preceding the presidential preference primary January to
74reconsider placing the candidate's name on the ballot. The
75Department of State shall immediately notify such candidate of
76the selection committee's decision.
77     (3)  A candidate's name shall be printed on the
78presidential preference primary ballot unless the candidate
79submits to the Department of State, prior to the second Tuesday
80after the first Monday in November of the year preceding the
81presidential preference primary January, an affidavit stating
82that he or she is not now, and does not presently intend to
83become, a candidate for President at the upcoming nominating
84convention. If a candidate withdraws pursuant to this
85subsection, the Department of State shall notify the state
86executive committee that the candidate's name will not be placed
87on the ballot. The Department of State shall, no later than the
88third Tuesday after the first Monday in November of the year
89preceding the presidential preference primary January, certify
90to each supervisor of elections the name of each candidate for
91political party nomination to be printed on the ballot.
92     (6)  Delegates must qualify no later than the second Friday
93in November of the year preceding the presidential preference
94primary January in the manner provided by party rule.
95     Section 2.  Subsection (3) is added to section 101.75,
96Florida Statutes, to read:
97     101.75  Municipal elections; change of dates for cause.--
98     (3)  Notwithstanding any provision of local law, for any
99municipality in which an election is scheduled to be held in
100March 2008, the governing body of the municipality,
101notwithstanding any municipal charter provision, may, by
102ordinance, move the date of the general municipal election in
1032008 and in each subsequent year that is a multiple of 4 to the
104date during the respective year concurrent with the presidential
105preference primary. The dates for qualifying for the general
106municipal election moved by the passage of such an ordinance
107shall be specifically provided for in the ordinance and shall
108run for no less than 14 days. The term of office for any
109municipal official elected in an election under this subsection
110shall commence as provided by the relevant municipal charter,
111and the term of office for any elected municipal official whose
112term was due to expire in March 2008 shall expire as provided by
113the relevant municipal charter.
114     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.
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