Bill Text: FL H0213 | 2010 | Regular Session | Introduced

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Bill Title: Congressional Vacancies

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0213 Detail]

Download: Florida-2010-H0213-Introduced.html

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HB 213

1	A bill to be entitled
2	An act relating to congressional vacancies; amending s.
3	100.101, F.S.; providing that a special election or
4	special primary election shall be held to fill a vacancy
5	in the office of a member from Florida of the United
6	States Senate; amending s. 100.111, F.S.; providing that
7	the Governor is not required to call a special election to
8	fill a vacancy in the office of a member from Florida of
9	the United States Senate if a session of Congress is not
10	scheduled during the unexpired portion of the term;
11	repealing s. 100.161, F.S., relating to filling vacancies
12	in the representation of Florida in the United States
13	Senate; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (4) of section 100.101, Florida
18	Statutes, is amended to read:
19	100.101 Special elections and special primary
20	elections.--Except as provided in s. 100.111(2), a special
21	election or special primary election shall be held in the
22	following cases:
23	(4) If a vacancy occurs in the office of a member from
24	Florida of the Senate or House of Representatives of Congress.
25	Section 2. Subsection (3) of section 100.111, Florida
26	Statutes, is amended to read:
27	100.111 Filling vacancy.--
28	(3) Whenever there is a vacancy for which a special
29	election is required pursuant to s. 100.101, the Governor, after
30	consultation with the Secretary of State, shall fix the dates of
31	a special primary election and a special election. Nominees of
32	political parties shall be chosen under the primary laws of this
33	state in the special primary election to become candidates in
34	the special election. Prior to setting the special election
35	dates, the Governor shall consider any upcoming elections in the
36	jurisdiction where the special election will be held. The dates
37	fixed by the Governor shall be specific days certain and shall
38	not be established by the happening of a condition or stated in
39	the alternative. The dates fixed shall provide a minimum of 2
40	weeks between each election. In the event a vacancy occurs in
41	the office of state senator or member of the House of
42	Representatives when the Legislature is in regular legislative
43	session, the minimum times prescribed by this subsection may be
44	waived upon concurrence of the Governor, the Speaker of the
45	House of Representatives, and the President of the Senate. If a
46	vacancy occurs in the office of state senator and no session of
47	the Legislature is scheduled to be held prior to the next
48	general election, the Governor may fix the dates for the special
49	primary election and for the special election to coincide with
50	the dates of the primary election and general election. If a
51	vacancy in office occurs in any district in the state Senate or
52	House of Representatives, in the representation of this state in
53	the Senate of the United States, or in any congressional
54	district, and no session of the Legislature, or session of
55	Congress, as applicable if the vacancy is in a congressional
56	district, is scheduled to be held during the unexpired portion
57	of the term, the Governor is not required to call a special
58	election to fill such vacancy.
59	(a) The dates for candidates to qualify in such special
60	election or special primary election shall be fixed by the
61	Department of State, and candidates shall qualify not later than
62	noon of the last day so fixed. The dates fixed for qualifying
63	shall allow a minimum of 14 days between the last day of
64	qualifying and the special primary election.
65	(b) The filing of campaign expense statements by
66	candidates in such special elections or special primaries and by
67	committees making contributions or expenditures to influence the
68	results of such special primaries or special elections shall be
69	not later than such dates as shall be fixed by the Department of
70	State, and in fixing such dates the Department of State shall
71	take into consideration and be governed by the practical time
72	limitations.
73	(c) The dates for a candidate to qualify by the petition
74	process pursuant to s. 99.095 in such special primary or special
75	election shall be fixed by the Department of State. In fixing
76	such dates the Department of State shall take into consideration
77	and be governed by the practical time limitations. Any candidate
78	seeking to qualify by the petition process in a special primary
79	election shall obtain 25 percent of the signatures required by
80	s. 99.095.
81	(d) The qualifying fees and party assessments of such
82	candidates as may qualify shall be the same as collected for the
83	same office at the last previous primary for that office. The
84	party assessment shall be paid to the appropriate executive
85	committee of the political party to which the candidate belongs.
86	(e) Each county canvassing board shall make as speedy a
87	return of the result of such special primary elections and
88	special elections as time will permit, and the Elections
89	Canvassing Commission likewise shall make as speedy a canvass
90	and declaration of the nominees as time will permit.
91	Section 3. Section 100.161, Florida Statutes, is repealed.
92	Section 4. This act shall take effect July 1, 2010.

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