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Florida Statute 97.021 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS
View Entire Chapter
97.021 Definitions.For the purposes of this code, except where the context clearly indicates otherwise, the term:
(1) “Absent elector” means any registered and qualified voter who casts a vote-by-mail ballot.
(2) “Absent uniformed services voter” means:
(a) A member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;
(b) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; or
(c) A spouse or dependent of a member referred to in paragraph (a) or paragraph (b) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.
(3) “Address of legal residence” means the legal residential address of the elector and includes all information necessary to differentiate one residence from another, including, but not limited to, a distinguishing apartment, suite, lot, room, or dormitory room number or other identifier.
(4) “Alternative formats” has the meaning ascribed in the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., including specifically the technical assistance manuals promulgated thereunder, as amended.
(5) “Automatic tabulating equipment” means an apparatus that automatically examines, counts, and records votes.
(6) “Ballot” or “official ballot” when used in reference to:
(a) “Electronic or electromechanical devices” means a ballot that is voted by the process of electronically designating, including by touchscreen, or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment.
(b) “Marksense ballots” means that printed sheet of paper, used in conjunction with an electronic or electromechanical vote tabulation voting system, containing the names of candidates, or a statement of proposed constitutional amendments or other questions or propositions submitted to the electorate at any election, on which sheet of paper an elector casts his or her vote.
(7) “Candidate” means any person to whom any one or more of the following applies:
(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) Any person who files qualification papers and subscribes to a candidate’s oath as required by law.

However, this definition does not include any candidate for a political party executive committee.

(8) “Department” means the Department of State.
(9) “Division” means the Division of Elections of the Department of State.
(10) “Early voting” means casting a ballot prior to election day at a location designated by the supervisor of elections and depositing the voted ballot in the tabulation system.
(11) “Early voting area” means the area designated by the supervisor of elections at an early voting site at which early voting activities occur, including, but not limited to, lines of voters waiting to be processed, the area where voters check in and are processed, and the area where voters cast their ballots.
(12) “Early voting site” means those locations specified in s. 101.657 and the building in which early voting occurs.
(13) “Election” means any primary election, special primary election, special election, general election, or presidential preference primary election.
(14) “Election board” means the clerk and inspectors appointed to conduct an election.
(15) “Election costs” shall include, but not be limited to, expenditures for all paper supplies such as envelopes, instructions to voters, affidavits, reports, ballot cards, ballot booklets for vote-by-mail voters, postage, notices to voters; advertisements for registration book closings, testing of voting equipment, sample ballots, and polling places; forms used to qualify candidates; polling site rental and equipment delivery and pickup; data processing time and supplies; election records retention; and labor costs, including those costs uniquely associated with vote-by-mail ballot preparation, poll workers, and election night canvass.
(16) “Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors.
(17) “General election” means an election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law.
(18) “Lists of registered electors” means names and associated information of registered electors maintained by the department in the statewide voter registration system or generated or derived from the statewide voter registration system. Lists may be produced in printed or electronic format.
(19) “Member of the Merchant Marine” means an individual, other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes for the inland waterways, who is:
(a) Employed as an officer or crew member of a vessel documented under the laws of the United States, a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or
(b) Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of such vessel.
(20) “Minor political party” is 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.
(21) “Newspaper of general circulation” means a newspaper printed in the language most commonly spoken in the area within which it circulates and which is readily available for purchase by all inhabitants in the area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
(22) “Nominal value” means having a retail value of $10 or less.
(23) “Nonpartisan office” means an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation.
(24) “Office that serves persons with disabilities” means any state office that takes applications either in person or over the telephone from persons with disabilities for any program, service, or benefit primarily related to their disabilities.
(25) “Overseas voter” means:
(a) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved;
(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
(c) A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
(26) “Overvote” means that the elector marks or designates more names than there are persons to be elected to an office or designates more than one answer to a ballot question, and the tabulator records no vote for the office or question.
(27) “Persons with disabilities” means individuals who have a physical or mental impairment that substantially limits one or more major life activities.
(28) “Petition circulator” means an entity or individual who collects signatures for the purpose of qualifying a proposed constitutional amendment for ballot placement. The term does not include a person who collects, delivers, or otherwise physically possesses no more than 25 signed petition forms in addition to his or her own signed petition form or a signed petition form belonging to the person’s spouse, or the parent, child, grandparent, grandchild, or sibling of the person or the person’s spouse.
(29) “Polling place” is the building which contains the polling room where ballots are cast.
(30) “Polling room” means the actual room in which ballots are cast on election day and during early voting.
(31) “Primary election” means an election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office.
(32) “Provisional ballot” means a conditional ballot, the validity of which is determined by the canvassing board.
(33) “Public assistance” means assistance provided through the food assistance program under the federal Supplemental Nutrition Assistance Program; the Medicaid program; the Special Supplemental Food Program for Women, Infants, and Children; and the Temporary Cash Assistance Program.
(34) “Public office” means any federal, state, county, municipal, school, or other district office or position which is filled by vote of the electors.
(35) “Qualifying educational institution” means any public or private educational institution receiving state financial assistance which has, as its primary mission, the provision of education or training to students who are at least 18 years of age, provided such institution has more than 200 students enrolled in classes with the institution and provided that the recognized student government organization has requested this designation in writing and has filed the request with the office of the supervisor of elections in the county in which the institution is located.
(36) “Special election” is a special election called for the purpose of voting on a party nominee to fill a vacancy in the national, state, county, or district office.
(37) “Special primary election” is a special nomination election designated by the Governor, called for the purpose of nominating a party nominee to be voted on in a general or special election.
(38) “Supervisor” means the supervisor of elections.
(39) “Tactile input device” means a device that provides information to a voting system by means of a voter touching the device, such as a keyboard, and that complies with the requirements of s. 101.56062(1)(k) and (l).
(40) “Third-party registration organization” means any person, entity, or organization soliciting or collecting voter registration applications. A third-party voter registration organization does not include:
(a) A person who seeks only to register to vote or collect voter registration applications from that person’s spouse, child, or parent; or
(b) A person engaged in registering to vote or collecting voter registration applications as an employee or agent of the division, supervisor of elections, Department of Highway Safety and Motor Vehicles, or a voter registration agency.
(41) “Undervote” means that the elector does not properly designate any choice for an office or ballot question, and the tabulator records no vote for the office or question.
(42) “Uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
(43) “Voter interface device” means any device that communicates voting instructions and ballot information to a voter and allows the voter to select and vote for candidates and issues. A voter interface device may not be used to tabulate votes. Any vote tabulation must be based upon a subsequent scan of the marked marksense ballot or the voter-verifiable paper output after the voter interface device process has been completed.
(44) “Voter registration agency” means any office that provides public assistance, any office that serves persons with disabilities, any center for independent living, or any public library.
(45) “Voter registration official” means any supervisor of elections or individual authorized by the Secretary of State to accept voter registration applications and execute updates to the statewide voter registration system.
(46) “Voting booth” or “booth” means that booth or enclosure wherein an elector casts his or her ballot for tabulation by an electronic or electromechanical device.
(47) “Voting system” means a method of casting and processing votes that functions wholly or partly by use of electromechanical or electronic apparatus or by use of marksense ballots and includes, but is not limited to, the procedures for casting and processing votes and the programs, operating manuals, supplies, printouts, and other software necessary for the system’s operation.
History.s. 2, ch. 6469, 1913; RGS 300; s. 1, ch. 8582, 1921; CGL 356; s. 1, ch. 13761, 1929; s. 1, ch. 18060, 1937; s. 1, ch. 19663, 1939; s. 1, ch. 26870, 1951; s. 1, ch. 28156, 1953; s. 1, ch. 61-370; s. 2, ch. 65-60; s. 1, ch. 67-32; s. 2, ch. 67-142; s. 2, ch. 67-386; s. 1, ch. 69-137; s. 1, ch. 69-280; s. 1, ch. 69-377; s. 1, ch. 70-269; s. 1, ch. 70-439; s. 1, ch. 71-206; s. 1, ch. 73-157; s. 31, ch. 73-333; s. 23, ch. 77-104; s. 1, ch. 77-175; s. 1, ch. 79-157; s. 24, ch. 79-400; s. 1, ch. 81-105; s. 15, ch. 82-143; s. 22, ch. 84-302; s. 1, ch. 87-184; ss. 5, 12, ch. 87-363; s. 1, ch. 89-338; s. 3, ch. 89-348; s. 2, ch. 90-315; s. 3, ch. 94-224; s. 1382, ch. 95-147; s. 1, ch. 96-57; s. 54, ch. 96-175; s. 1, ch. 96-327; s. 35, ch. 97-13; s. 3, ch. 98-129; ss. 2, 34, ch. 2001-40; s. 4, ch. 2002-281; s. 2, ch. 2003-415; s. 9, ch. 2004-252; s. 2, ch. 2005-277; s. 2, ch. 2005-278; s. 2, ch. 2005-286; s. 1, ch. 2007-30; s. 2, ch. 2010-167; s. 1, ch. 2010-209; s. 2, ch. 2011-40; s. 1, ch. 2016-23; s. 2, ch. 2016-37; s. 2, ch. 2019-64; s. 2, ch. 2019-162; s. 1, ch. 2020-109; s. 3, ch. 2022-183; s. 22, ch. 2023-8; s. 4, ch. 2025-21.
Note.Former s. 102.02.

F.S. 97.021 on Google Scholar

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Amendments to 97.021


Annotations, Discussions, Cases:

Cases Citing Statute 97.021

Total Results: 42  |  Sort by: Relevance  |  Newest First

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Socialist Workers Party v. Leahy, 145 F.3d 1240 (11th Cir. 1998).

Cited 52 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 15041, 1998 WL 374949

...... Section 103.121(3) Florida Statutes, provides that the chairman and treasurer of an executive committee of any political party must provide adequate bond, not less than $10,000 to be filed with the Department of State. 1 Section 97.021(13) defines the term "minor political party" as follows: "Minor political party" is any group as defined in this subsection which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state....
...candidate or a party from the ballot under certain circumstances. Furthermore, it is the Secretary who decides in the first instance whether a group attempting to register to become a "minor political party" in the state of Florida qualifies. See Section 97.021(13)....
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Socialist Workers Party v. Leahy, 145 F.3d 1240 (11th Cir. 1998).

Cited 43 times | Published | Court of Appeals for the Eleventh Circuit

...Elections. She also administers the mechanism through which a group of individuals may register with the state of Florida as a “minor political party.”1 Along with other benefits, minor political parties are entitled to run 1 Section 97.021(13) defines the term “minor political party” as follows: “Minor political party” is any group as defined in this subsection which on January 1 preceding a primary election does not have...
...her to remove a candidate or a party from the ballot under certain circumstances. Furthermore, it is the Secretary who decides in the first instance whether a group attempting to register to become a “minor political party” in the state of Florida qualifies. See Section 97.021(13)....
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Fulani v. Krivanek, 973 F.2d 1539 (11th Cir. 1992).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 24723

...* Honorable Virgil Pittman, Senior U.S. District Judge for the Southern District of Alabama, sitting by designation 1 A "minor political party" is defined as "any group ... which ... does not have registered as members 5 percent of the total registered electors of the state." Fla.Stat. § 97.021(14) 2 Section 99.097, titled "Verification of signatures on petitions," applies also to petitions submitted by independent and minor-party candidates for state office, see Fla.Stat....
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Robert Wexler v. Arthur Anderson, 452 F.3d 1226 (11th Cir. 2006).

Cited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 15080, 2006 WL 1685802

...An overvote results when “the elector marks or designates more names than there are persons to be elected to an office or designates more than one answer to a ballot question, and the tabulator records no vote for the office or question.” Fla. Stat. § 97.021(23). An undervote results when “the elector does not properly designate any choice for an office or ballot question, and the tabulator records no vote for the office or question.” Fla. Stat. § 97.021(37). During the manual recount phase, auditors review residual votes to determine if there is a “clear indication on the ballot that the voter has made a definite choice.” Fla....
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League of Women Voters of Florida v. Cobb, 447 F. Supp. 2d 1314 (S.D. Fla. 2006).

Cited 16 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 61070, 2006 WL 2544683

...THIS MATTER is before the Court on Plaintiffs' Motion for Preliminary Injunction [DE 10] and Defendants' Motion to Dismiss [DE 26]. Plaintiffs contend that a new Florida state law (hereinafter the "Third-Party Voter Registration Law" or the "Law"), Fla. Stat. §§ 97.021(36), 97.0575 (2005), which imposes fines on all organizations, except political parties, that collect voter registration applications but fail to timely submit them, violates their rights under the First and Fourteenth Amendments to the United States Constitution....
...Laws 277 § 79. The Third-Party Voter Registration Law regulates "third party voter registration organizations," which includes all persons and organizations that solicit or collect voter registration applications, except for political parties. [7] Fla. Stat. § 97.021(36)....
...r spouse, child, or parent; or (2) persons that collect voter registration applications as an employee or agent of the division, supervisor of elections, Department of Highway Safety and Motor Vehicles, or a voter registration agency. See Fla. Stat. § 97.021(36)(b), (c)....
...lties for failing to submit voter registration applications in the manner prescribed by the law. 3. The Defendants are further ENJOINED from excluding political parties from the definition of third party voter registration organization in Fla. Stat. § 97.021(36)....
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Ammerman v. Markham, 222 So. 2d 423 (Fla. 1969).

Cited 15 times | Published | Supreme Court of Florida

...ich may be in fee simple, or any other estate in real property recognized by law." See Fla. Stat., § 711.04(1), F.S.A. Moreover, the Legislature has recognized the owners of condominium parcels and cooperative apartments as freeholders. Fla. Stat., § 97.021(7), F.S.A....
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CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988).

Cited 14 times | Published | District Court, S.D. Florida | 1988 WL 19556

...In 1987, the Florida legislature once again amended section 102.031(3)(a) to create a new and expanded zone in which the solicitation of votes, opinions, or contributions was flatly prohibited. The restricted area at issue, unlike the one contained in section 104.36, is to be measured from the polling place, defined under section 97.021 as "the building which contains the polling room where ballots are cast" rather than from the polling room itself....
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In Re Dean, 177 B.R. 727 (Bankr. S.D. Fla. 1995).

Cited 13 times | Published | United States Bankruptcy Court, S.D. Florida. | 8 Fla. L. Weekly Fed. B 339, 1995 Bankr. LEXIS 137

...rty' and `dwelling house,' as used in the Constitution. . . . Moreover, the Legislature has recognized the owners of condominium parcels and cooperative apartments as freeholders." Ammerman v. Markham, 222 So.2d 423, 426 (Fla.1969) (citing Fla.Stat. § 97.021(7))....
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Pasco v. Heggen, 314 So. 2d 1 (Fla. 1975).

Cited 10 times | Published | Supreme Court of Florida

..."(c) He possesses all of the qualifications required by law for the office. "(d) The name of the office he seeks. "(e) He will accept the office. "(2) At the time of certifying under oath the above information, a write-in candidate shall be considered a candidate as so defined in Section 97.021, Florida Statutes; except that he shall not be entitled to have his name printed on the official ballot....
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Florida Comm. for Liab. Reform v. McMillan, 682 F. Supp. 1536 (M.D. Fla. 1988).

Cited 9 times | Published | District Court, M.D. Florida | 1988 U.S. Dist. LEXIS 2652, 1988 WL 27481

...50-foot buffer zone that § 102.031(3) creates. Although the control of disruption at polling places is a substantial state interest, it should be noted that "polling place" is defined as the building in which a "polling room" is located. Fla. Stat. § 97.021(18) (1987)....
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League of Women Voters of Florida v. Browning, 575 F. Supp. 2d 1298 (S.D. Fla. 2008).

Cited 8 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 62726, 2008 WL 3200654

...on activities in Florida. Plaintiffs filed this suit challenging the constitutionality of Florida's recently amended statute regulating the handling of voter registration applications by third-party voter registration organizations. See Fla. Stat. §§ 97.021(36), 97.0575 (2007) (the "Amended Law")....
...to any fines or criminal penalties. See Fla. Stat. § 97.0575(2). While the Amended Law defines thirdparty voter registration organization as "any person, entity, or organization soliciting or collecting voter registration applications," Fla. Stat. § 97.021(36), it does not define "affiliate" for purposes of the $1,000 limit on fines....
...However, in an abundance of caution and giving wide berth to the freedoms afforded by the First Amendment, Plaintiffs' vagueness challenges are considered here using the higher standard of certainty required of laws regulating speech. 2. Conduct Addressed by the Amended Law Florida Statute Section 97.021 sets out a litany of 43 definitions to be used "[f]or the purposes of this code, except where the context clearly indicates otherwise ...." A third-party registration organization is a person, entity, or organization soliciting or collecting voter registration applications. Fla. Stat. § 97.021(36)....
...zation: those seeking to register or collect applications from their spouse, child or parent, and those registering or collecting applications as employees or agents of specifically named state agencies or a voter registration agency. [8] Fla. Stat. § 97.021(36)(a-b)....
...Plaintiffs argue it is vague because it is unclear whether organizations, individuals, or both individuals and organizations will be subject to fines in the event a voter application is submitted outside the statutorily-mandated time constraints. See Fla. Stat. § 97.0575(3). Section 97.021(36), however, could not be any plainer in defining who is and who is not a "third-party registration organization;" any person, any entity, or any organization engaged in soliciting or collecting voter registration applications is embraced by the definition, subject to the two specified exclusions set forth above....
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Diaz v. Cobb, 541 F. Supp. 2d 1319 (S.D. Fla. 2008).

Cited 6 times | Published | District Court, S.D. Florida | 56 A.L.R. 6th 815, 2008 U.S. Dist. LEXIS 27361, 2008 WL 793584

...It requires Supervisors to mail applications directly to any person who requests one. Id. § 97.052( l )(b)7.c. It requires offices that provide public assistance or serve persons with disabilities, centers for independent living, and public libraries to make voter registration application forms available. Id. § 97.021(40), 97.058(1), (6)....
...Upon request, the Florida Department of State must provide applications to armed forces recruitment offices, and all colleges and universities that receive state financial assistance are required to provide each enrolled student with an opportunity to register to vote. Id. §§ 97.021(31), 97.052(1)(b)4.-5, 97.0583....
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US Taxpayers Party of Florida v. Smith, 871 F. Supp. 426 (N.D. Fla. 1993).

Cited 6 times | Published | District Court, N.D. Florida

...in Florida. The defendant is the chief election officer of Florida. Plaintiff Taxpayers Party is a new political party formed on or about March 12, 1992 when it became a "minor political party" upon satisfying the conditions found in Fla. Stat.Ann. § 97.021(15)....
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Repub. State Exec. Comm. v. Graham, 388 So. 2d 556 (Fla. 1980).

Cited 4 times | Published | Supreme Court of Florida

...Thus, the secretary of state would certify an unopposed candidate, nominated by the section 101.252(1) process, as a candidate for election (i.e. nominee) rather than nomination. This diversion is singularly unhelpful in determining when the unopposed candidate was indeed nominated. [1] § 97.021(18)(d), Fla....
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Polly v. Navarro, 457 So. 2d 1140 (Fla. 4th DCA 1984).

Cited 4 times | Published | Florida 4th District Court of Appeal

...The party of which he is a member. 2. That he is not a registered member of any other political party and has not been a candidate for nomination for any other political party for a period of 6 months preceding the general election for which he seeks to qualify. Section 97.021(18), Florida Statutes (1983), defines "candidate" as follows: (1) "Candidate" means any person to whom any one or more of the following applies: (a) Any person who seeks to qualify for nomination or election by means of the petitioning process....
...(d) Any person who appoints a treasurer and designates a primary depository. (e) Any person who files qualification papers and subscribes to a candidate's oath as required by law. The uncontradicted evidence shows that Navarro was a Democratic "candidate" as defined in section 97.021(18)(c) or (d), Florida Statutes, prior to July 20, 1984. The uncontradicted evidence also shows that Navarro was a Republican "candidate" within 97.021(18)(c), (d), or (e), after July 20, 1984....
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Brown v. Detzner, 895 F. Supp. 2d 1236 (M.D. Fla. 2012).

Cited 2 times | Published | District Court, M.D. Florida | 2012 WL 4356839, 2012 U.S. Dist. LEXIS 136014

...and the United States Constitutions, as well as Section 2 of the VRA. See Complaint at 24. In addition, Plaintiffs seek an injunction prohibiting Defendants from enforcing § 101.657(l)(d), Fla. Stat. (2011) which requires early voting as defined in § 97.021(8), Fla....
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Cobb v. Thurman, 957 So. 2d 638 (Fla. 1st DCA 2006).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3041924

...equire that the former candidate's name appear on the ballot. The trial court confused two distinct concepts: the form of the ballot and the provision of information to the electorate. The quoted language refers only to "ballots"— a term defined in section 97.021, Florida Statutes—not notices....
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Telli v. Snipes, 98 So. 3d 1284 (Fla. 4th DCA 2012).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 18770, 2012 WL 5274898

...d that write-in candidates are both “candidates” and “opposition” within the meaning of the UPA’s unambiguous language. We agree with the opinion in Lacasa . Florida’s statutory definition of “candidate” includes write-in candidates. § 97.021(5)(b), Fla....
...The language of the UPA, however, is clear and unambiguous. We again note that the write-in candidates in this case are considered “candidates” by the Florida Statutes, and they met all qualifying requirements to be considered write-in candidates. See §§ 97.021(5)(b) & 99.061, Fla....
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Krivanek v. Take Back Tampa Political Comm., 603 So. 2d 528 (Fla. 2d DCA 1992).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 148222

...of officers (§ 100.361(1), Fla. Stat.). Section 100.361, Florida Statutes, provides that "electors of a municipality" are eligible to sign the petition. "Elector" is defined as being synonymous with the word "voter" or "qualified elector or voter." § 97.021, Fla....
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Jennifer Brinkmann v. Tyron Francois, etc., 184 So. 3d 504 (Fla. 2016).

Cited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235, 2016 WL 454041

...candidates’ and ‘opposition’ within the meaning of the UPA’s unambiguous language.” Id. at 1286. The district court found that “Florida’s statutory definition of ‘candidate’ includes write-in candidates.” Id. at 1286 (citing § 97.021(5)(b), Fla....
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Chalifoux v. Sanchez, 991 So. 2d 432 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 4363572

...The merits of his appeal are controlled by Varn v. Vasilinda, 985 So.2d 1241, (Fla. 1st DCA 2008), and his venue contest is without merit. We affirm. Chalifoux challenged the standing of Neri Sanchez, appellee, to bring this action contending that Sanchez, an elector as defined in section 97.021(13), was not registered as a republican, and, therefore, was not qualified to contest the candidacy in the republican primary....
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Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004).

Cited 1 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584

...The Florida Statutes define an overvote as occurring when "the elector marks or designates more names than there are persons to be elected to an office or designates more than one answer to a ballot question, and the tabulator records no vote for the office or question." Fla. Stat. § 97.021(21). An undervote occurs when "the elector does not properly designate any choice for an office or ballot question, and the tabulator records no vote for the office or question." Fla. Stat. § 97.021(34)....
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Repub. Party of Miami-Dade Cnty. v. Davis, 18 So. 3d 1112 (Fla. 3d DCA 2009).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12508, 2009 WL 2601834

...[5] Section 99.021(2) clarifies that although "nomination" is used (rather than "nomination or election"), these provisions "shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office." [6] A "minor political party" is defined by section 97.021(17) of the Election Code as a group which has less than 5% of eligible state electors registered as members (determined as of the January 1 preceding a primary election)....
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Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

Cited 1 times | Published | Supreme Court of Florida

...allot for most offices. See § 101.151(2)(c), Fla. Stat. (2018) ("Each nominee of a political party chosen in a primary shall appear on the general election ballot in the same numbered group or district as on the primary election ballot."). In fact, section 97.021(29) (emphasis added), defines a "[p]rimary election" as "an election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county , or distr...
...ding his or her election."). However, while the Florida Election Code contemplates elections for most offices to include candidates nominated by political parties, it also specifies that elections for certain offices must be nonpartisan. Pursuant to section 97.021(22), Florida Statutes (2018), " 'Nonpartisan office' means an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation." Then, chapter 105, entitled "Nonpa...
...tical parties during the primary election. See § 99.061(2), Fla. Stat. (candidates for county offices may qualify for nomination or election by filing the qualifying papers and paying "the filing fee and election assessment, and party assessment"); § 97.021(29), Fla....
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

during the "general election" as defined in section 97.021(14), Florida Statutes? 2. If so, is the district
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Wilson v. Askew, 352 F. Supp. 227 (M.D. Fla. 1972).

Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 12118

...Those candidates are campaigning not for their party’s nomination, but for the general election, while the plaintiff is forced to wait until she attains the status of a “candidate.” 5 Plaintiff argues, then, that four sections of the Election Code are unconstitutional: Florida Statutes §§ 97.021(18), 99.061(1), 99.-161 (2) (e), and 99.153, F.S.A....
...Renting of hall in which to address the public. Provided that such person, committee, political party, organization or person acting on his behalf shall be permitted to reserve but make no use of advertising time and space and office facilities prior to qualification. . Florida Statute 97.021(18) defines a “Candidate” as “any person who has filed his qualification papers, and paid bis qualifying fees as required by law.” Plaintiff’s quandary, therefore, centers around her inability to become a “candidate” by filing an...
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Fulani v. Krivanek, 973 F.2d 1539 (11th Cir. 1992).

Published | Court of Appeals for the Eleventh Circuit | 1992 WL 227436

...pon written certification that paying such fees would impose an undue burden. . A "minor political party" is defined as "any group ... which ... does not have registered as members 5 percent of' the total registered electors of the state." Fla.Stat. § 97.021(14)....
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James v. Cnty. of Volusia, 683 So. 2d 555 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 10886, 1996 WL 595162

...of its members_” And second, Article III, Section 15 provides: “Each legislator shall be ... an elector and resident of the district from which elected....” In addition to the constitutional provisions, we should also consider the definition of “elector” as set out in section 97.021(9), Florida Statutes: “Elector” is synonymous with the word “voter” or “qualified elector or voter” ex- *556 eept when the word is used to describe presidential electors....
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State ex rel. Surf Club v. Du Val, 339 So. 2d 1131 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 16017

...election day” at which his successor was elected, inasmuch as a successor was elected to fill Judge Du Val’s office commencing January 4, 1977. However, this depends upon the definition of the phrase “general election day.” Florida Statutes § 97.021(3), which is applicable to the statute here under construction, defines a “general election” as one held “on the first Tuesday after the first Monday in November in the even numbered years, for the purpose of filling national, state a...
...§ 97.- The question then becomes whether the phrase “general election day” as used in the Resign-to-run law can mean something other than the day on which the general election is held. By the clear meaning of the Resign-to-run law and the definition of “general election” under Florida Statutes § 97.021(3), we are of the opinion that Judge Du Val’s successor was not elected at a “general election” as the same is defined in the statute....
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William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535

...imited application. See, e.g., § 1.01(6), Fla. Stat. (2015) (references to “office or officer” includes persons authorized to perform duties of the office); § 22.03(3) (“office” includes state and local offices with duties defined by law); § 97.021(31) (“public office” defined for purposes of the election code); § 110.107(5) (defining “position” as used in chapter on public officers and employees); § 111.012(1)(b) (defining “elected public officer” for purposes of sectio...
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Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024).

Published | Florida 5th District Court of Appeal

...County Hospital District Board, Seat #5 on Monday, June 10, the first day of qualifying week. As part of qualifying, Jordan filed his DS-DE 9 form appointing his campaign treasurer and designating qualification papers and subscribes to a candidate’s oath as required by law.” See § 97.021(7)(d)–(e), Fla....
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Beller v. Adams, 235 So. 2d 502 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2760

...Rule 4.5b(l), 32 F.S.A. Compare Battaglia v. Adams, Fla. (1964), 164 So.2d 195 . In order to dispose of the merits of this case it is appropriate first to consider the state statutes that are applicable to “unrecognized” or minority political parties. F.S. Section 97.021(14) F.S.A....
...day prior to the date of the first primary in the year in which any primary is held.” (Emphasis supplied.) In essence, relator contends there is a “gap” or vacuum creating a vacancy in nomination situation in the statutory language, i. e., in Section 97.021(14) which has the result of authorizing the Executive Committee of The New Party of Florida to name him as its candidate for Governor because it is a minor political party pursuant to Section 97.021(14) under the definition first contained therein and under paragraph numbered (a), since no provision is made for it to hold primaries to select its candidate for governor, as is provided for a “recognized” political party under pa...
...This would appear to amount to the equitable equivalent of the percentage of registered qualified electors now required for “recognized” political *508 parties in the state, and would not be a serious departure from the present requirements of Section 97.021(14) (b), Florida Statutes, for “recognized” political parties, the only difference being the elimination of the January first deadline and the requirement that the party has registered to vote as members more than 5% of the total r...
...* * * New parties struggling for their place must have the time and opportunity to organize in order to meet reasonable requirements for ballot position, just as the old parties have had in the past.” It is obvious that similar Florida laws including Section 97.021(14) are unconstitutional under Williams v....
...the principal criterion for printed ballot position. We are of the opinion that the language of F.S. Section 100.111(6) (d) F.S.A., read in connection with the holding in Williams v. Rhodes, is sufficently broad to supply the gap or deficiencies in Section 97.021(14) and authorizes the respondent Secretary of State to promulgate appropriate rules and regulations to implement under said statutes any timely re-application of relator pursuant to the foregoing criteria....
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

...1975, relating to minor party candidates. That the foregoing statutory provisions were limited to candidates for nomination or election to national, state, or county office is also made evident by an examination of the definitions used in the prior Election Code. Section 97.021 , F....
...However, with the enactment of Ch. 77-175 , Laws of Florida, the Legislature has broadened the scope of the Election Code to provide procedures for the nomination and election of candidates for special district offices. The definitions of primary and general elections found at s. 97.021 (2) and (4), F....
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Libertarian Party of Florida v. State, 710 F.2d 790 (11th Cir. 1983).

Published | Court of Appeals for the Eleventh Circuit

...e least drastic means to regulate ballot access. Applying what appears to be rather settled law, we affirm. Plaintiffs include the Libertarian Party of Florida (the Party), which qualifies as a minor political party under Florida law, Fla. Stat.Ann. § 97.021(14) (West 1982), and its chairman, Doug Ramsay....
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Lacasa v. Townsley, 883 F. Supp. 2d 1231 (S.D. Fla. 2012).

Published | District Court, S.D. Florida | 2012 WL 3276965, 2012 U.S. Dist. LEXIS 113090

“candidate” includes write-in candidates. See Fla. Stat. § 97.021(5)(b) (“ ‘Candidate’ means any person to whom
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Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Published | Supreme Court of Florida

...are to compete in partisan primary elections, meaning candidates for county offices are expressly authorized by statute to seek the nomination of a party in the primary election before the county office seat is filled in the general election. See § 97.021(29), Fla....
...or most offices. See § 101.151(2)(c), Fla. Stat. (2018) (“Each nominee of a political party chosen in a primary shall appear on the general election ballot in the same numbered group or district as on the primary election ballot.”). In fact, section 97.021(29) (emphasis added), defines a 5....
...However, while the Florida Election Code contemplates elections for most offices to include candidates nominated by political parties, it also specifies that - 16 - elections for certain offices must be nonpartisan. Pursuant to section 97.021(22), Florida Statutes (2018), “ ‘Nonpartisan office’ means an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation.” Then, chapter 105, enti...
... parties during the primary election. See § 99.061(2), Fla. Stat. (candidates for county offices may qualify for nomination or election by filing the qualifying papers and paying “the filing fee and election assessment, and party assessment”); § 97.021(29), Fla....
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Libertarian Party of Florida v. Smith, 665 So. 2d 1119 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 41, 1996 WL 1728

...vision. Accordingly, the judgment is AFFIRMED. MINER and WEBSTER, JJ., concur. BOOTH, J., dissents with written opinion. . A party with less than 5 percent of Florida's total registered voters is elsewhere defined as a "minor political party.” See § 97.021(15), Fla....
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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

...67-1726, Laws of Florida, provides in part: Candidates or incumbents of the office [of commissioner] shall qualify in the primaries and general elections which primaries and general elections shall be conducted in accordance with the existing election laws of the state of Florida. Section 97.021 (21), F.S., of the Florida Election Code defines "Primary election" as an "election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office....
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Libertarian Party of Florida v. Smith, 687 So. 2d 1292 (Fla. 1996).

Published | Supreme Court of Florida | 1996 WL 693606

...[2] Consequently, we approve the decision and analysis of the district court below. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] A party with less than five percent of Florida's total registered voters is elsewhere defined as a "minor political party." See § 97.021(15), Fla....
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

...D. Earle Lee County Supervisor of Elections Fort Myers QUESTIONS: 1. Who is responsible for the costs incurred in holding an election for the members of the Mat'lacha and Pine Island Fire Control District's governing board? 2. Are the provisions of s. 97.021 (5), F....
...y and responsibility for initiating and conducting the election of the successors to the original members of the fire district board, I am of the opinion that the county is responsible for any expenses incurred in such an election. AS TO QUESTION 2: Section 97.021 (5), F....
...of the fire control district's governing board be by a `majority vote of those qualified electors voting in the election'; the statute does not provide that such elections be partisan with the qualified electors voting on party nominees. Therefore, s. 97.021 (5), defining `special election' for the purposes of the election code, is not applicable to the fire control district's election of board members....
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Baker v. State ex rel. Caldwell, 122 So. 2d 816 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida

primary to fill a vacancy in nomination, saying: “Section 97.021, Florida Statutes 1951, F.S.A., contains many
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David A. Taylor v. Mike Hogan, in his Off. capacity as Supervisor of Elections, Duval Cnty., Florida (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

...to a discretionary, purely local election. The Florida Election Code ∗ defines a special election as “a special election called for the purpose of voting on a party nominee to fill a vacancy in the national, state, county, or district office.” § 97.021(34), Fla. Stat. (2018). This definition does not apply “where the context clearly indicates otherwise.” § 97.021, Fla....
...locally called, discretionary, special elections. While the Florida Election Code’s definition of “special election” is broad enough to include the local election at issue in this case, this general definition does not apply “when the context clearly indicates otherwise.” § 97.021, Fla....

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