Bill Text: FL S0356 | 2010 | Regular Session | Introduced

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Bill Title: Congressional Vacancies/United States Senate [GPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S0356 Detail]

Download: Florida-2010-S0356-Introduced.html

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Florida Senate - 2010                                     SB 356 
 
By Senator Dockery 
15-00465-10                                            2010356__ 
1                        A bill to be entitled 
2         An act relating to congressional vacancies; amending 
3         s. 100.101, F.S.; providing that a special election or 
4         special primary election shall be held to fill a 
5         vacancy in the office of a member from Florida of the 
6         United States Senate; amending s. 100.111, F.S.; 
7         providing that the Governor is not required to call a 
8         special election to fill a vacancy in the office of a 
9         member from Florida of the United States Senate if a 
10         session of Congress is not scheduled during the 
11         unexpired portion of the term; repealing s. 100.161, 
12         F.S., relating to filling vacancies in the 
13         representation of Florida in the United States Senate; 
14         providing an effective date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. Subsection (4) of section 100.101, Florida 
19  Statutes, is amended to read: 
20         100.101 Special elections and special primary elections. 
21  Except as provided in s. 100.111(2), a special election or 
22  special primary election shall be held in the 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 candidates 
66  in such special elections or special primaries and by committees 
67  making contributions or expenditures to influence the results of 
68  such special primaries or special elections shall be not later 
69  than such dates as shall be fixed by the Department of State, 
70  and in fixing such dates the Department of State shall take into 
71  consideration and be governed by the practical time limitations. 
72         (c) The dates for a candidate to qualify by the petition 
73  process pursuant to s. 99.095 in such special primary or special 
74  election shall be fixed by the Department of State. In fixing 
75  such dates the Department of State shall take into consideration 
76  and be governed by the practical time limitations. Any candidate 
77  seeking to qualify by the petition process in a special primary 
78  election shall obtain 25 percent of the signatures required by 
79  s. 99.095. 
80         (d) The qualifying fees and party assessments of such 
81  candidates as may qualify shall be the same as collected for the 
82  same office at the last previous primary for that office. The 
83  party assessment shall be paid to the appropriate executive 
84  committee of the political party to which the candidate belongs. 
85         (e) Each county canvassing board shall make as speedy a 
86  return of the result of such special primary elections and 
87  special elections as time will permit, and the Elections 
88  Canvassing Commission likewise shall make as speedy a canvass 
89  and declaration of the nominees as time will permit. 
90         Section 3. Section 100.161, Florida Statutes, is repealed. 
91         Section 4. This act shall take effect July 1, 2010.