CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 21196520
...tic Party’s Executive Committee, in response to Whitehead’s query into the propriety of a loyalty oath as a qualification for the party’s nomination to public office. See Op. Atty’ Gen. 83-74 (Oct. 21, 1983). Attorney General Smith concluded § 99.021 did not authorize the Florida Democratic Party to require a loyalty oath....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 10293
...3 Appellant subsequently learned the Florida Democratic Party's bylaws required its members to sign a similar oath, and he brought this action under 42 U.S.C. §§ 1983 and 1985(3) to challenge the party's loyalty oath. According to his complaint, in 1970 the Florida Legislature repealed a portion of FLA. STAT. ch. 99.021, which required all political candidates for public office to sign a party loyalty oath....
...Democratic Party's Executive Committee, in response to Whitehead's query into the propriety of a loyalty oath as a qualification for the party's nomination to public office. See Op. Atty' Gen. 83-74 (Oct. 21, 1983). Attorney General Smith concluded § 99.021 did not authorize the Florida Democratic Party to require a loyalty oath....
CopyCited 13 times | Published | District Court, M.D. Florida | 1970 U.S. Dist. LEXIS 10798
...e relief from this statutory three-judge court, [1] holding unconstitutional in form and in application portions of Chapter 99, "Candidates, Campaign Expenses and Contesting Elections", Florida Statutes, F.S.A. The statutes under attack are Sections
99.021 and
99.092, Florida Statutes, F.S.A....
...in the Republican party primary election to be held in Florida on September 8, 1970. The primary election will be held under the provisions of Chapter 99, Florida Statutes, supra. Plaintiff originally refused to sign the oath as set forth in F.S.A., Section
99.021, requiring among other things a sworn declaration of party loyalty and affiliation and payment of a 5% filing fee pursuant to F.S.A., Sections
99.021 and
99.092....
CopyCited 13 times | Published | Supreme Court of Florida | 94 A.L.R. 2d 550
...ne office in this state? An examination of the constitution, as well as the statutory and case law, of *881 Florida reveals no definitive answer to this query. However, Article XVI, Section 15 of the Constitution of the State of Florida, F.S.A., and Section 99.021(1) (f), Florida Statutes, F.S.A., do form a basis for the ultimate conclusion that multiple candidacies are not consistent with the public policy of this state....
...he aspires, nevertheless, he contends that neither the constitution nor the statutory law precludes a man from seeking multiple offices. In addition to the constitutional prohibition against holding multiple offices in the government of this state, Section 99.021, Florida Statutes, F.S.A., which sets forth the form of oath a candidate must make, provides in part: "(1) Every candidate for nomination to any office is required to take and subscribe to an oath or affirmation in writing, in which he...
...orida to hold the office for which he desires to be nominated' has reference to qualifications applicable when elected and the term of office begins. State ex rel. [sic] v. Haskill,
72 Fla. 176,
72 So. 651." (Emphasis supplied.) This construction of Section
99.021(1) (f), Florida Statutes, F.S.A., disposes of relator's contention with reference to an incumbent's becoming a candidate for another office, if the term of office which he is filling expires before the term of office, attendant upon the position which he seeks, begins....
...ore the "term" of the office which he holds expires? It is not difficult to answer this query. An incumbent may qualify as a candidate for an office other than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021(1) (f), Florida Statutes, F.S.A., by resigning before entering upon the duties of the office to which he might be elected....
...To be sure, such an unusual occurrence is highly improbable. However, primary nominations to any given number of offices, more than one, would create a chaotic condition in, and confuse the election machinery of this state. When an elector decides to become a candidate and takes the oath prescribed by Section 99.021(1) (f), Florida Statutes, F.S.A., he should be held to have represented to the electorate not only that he is qualified to fill, but also that if successful in his bid will fill the office which he seeks at their hands....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2008 WL 4093363
...ement that was not set by the Legislature. This we may not do under the separation of powers provision in Article II, section 3, of the Florida Constitution. See Sloban v. Fla. Bd. of Pharmacy,
982 So.2d 26 (Fla. 1st DCA 2008). It is noteworthy that section
99.021, Florida Statutes (2007), describes in detail the proper method of acknowledging a candidate's signature on the candidate oath form....
CopyCited 8 times | Published | District Court of Appeal of Florida | 1961 Fla. App. LEXIS 2992
prescribed for “candidates” for party office under section
99.021, Florida Statutes, F.S.A. The defendant chairman
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Notwithstanding the change of party allegiance, Navarro maintained the same bank account at all times, which contained contributions received while he had been a Democrat. The general election is to be held November 6, 1984, which is within six months of July 20, 1984. Appellants contend that Navarro's actions violate section 99.021(1)(b)2, Florida Statutes (1983), which bars such party-switching by candidates within six months of an election. Section 99.021(1)(b), Florida Statutes (1983), provides: (b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing: 1....
...ined 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. Appellees suggest, however, that section
99.021(1)(b)2, Florida Statutes (1983), means that a nominee need only state that he has not qualified pursuant to section
99.061 to run for nomination in a primary election....
...at 1282. In the case before us the relevant disaffiliation period is only six months. Furthermore, the governmental interests of maintaining the integrity of different routes to the ballot and of stabilizing the political system, are clearly served by section 99.021(1)(b), Florida Statutes (1983), and, therefore, it is constitutional....
...Supp. 572 (N.D.Ill. 1971) (upholding two-year disaffiliation requirement for candidates, and discussing compelling reasons in support thereof). Clearly, then, as a matter of law, appellee Navarro violated a valid and constitutional statute, to-wit section 99.021(1)(b)2, Florida Statutes (1983)....
CopyCited 3 times | Published | Supreme Court of Florida | 1960 Fla. LEXIS 2562
DREW, Justice. The sole question presented on this appeal is the validity of that portion of F.S. § 99.021, F.S.A....
CopyCited 2 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 8523, 1991 WL 115631
...ssential to that party's case, and on which *1115 that party will bear the burden of proof at trial. Id. at 323,
106 S.Ct. at 2552. EFFECT OF SECTION
99.012(7) The resign-to-run requirement in section
99.012(7) of the Florida Statutes is enforced by section
99.021 which provides that "[e]ach candidate ......
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12508, 2009 WL 2601834
...The Party had declined to recognize the appellees as Executive Committee members because of their failure to file a Party loyalty oath before the June 20, 2008, qualifying deadline. This case first requires us to harmonize two statutory provisions in the Florida Election Code: section
99.021, Florida Statutes (2008), regarding the form of candidate oath required by the State public election authorities, and section
103.091, Florida Statutes (2008), describing the rights and duties of political parties and their executive committees....
...Applicable Facts The underlying facts are not disputed. Prior to the August 26, 2008, election, the Party allowed applicants and candidates for the Miami-Dade Executive Committee to execute the Party's loyalty oath (as opposed to the form of oath provided by the County Elections Department under section 99.021) after the qualifying deadline but before a successful candidate took *1115 office....
...stered Republicans in Miami-Dade County or post the information and new form on its website. The qualifying period for the August 26 election was from noon on June 16, 2008, to noon on June 20, 2008. All of the appellees filed their applications and section 99.021 statutory oath forms with the Miami-Dade Elections Department on the last day with only about an hour left before the end of the qualifying period....
...The appellees then filed their circuit court complaint for declaratory and injunctive relief and an emergency motion for temporary injunction. II. The Statutory Issue In granting the temporary injunction, the trial court made the following conclusion of law: In enacting section
99.021, the Florida Legislature made clear that the loyalty oath contained therein was the only oath that could be required of a candidate for county executive committeeperson as a condition for qualifying as a candidate. We find no such intention. To the contrary, and harmonizing section
103.091 (the special provision applicable to political party elections) with section
99.021, we find that the legislature expressly authorized a political party to "provide for the selection of its . . . county executive committees in such manner as it deems proper," [3] so long as the party does not attempt to eliminate the minimum requirements imposed in section
99.021. Section
99.021(1)(a)1....
...The candidate has not qualified for any "other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks;" and 5. He or she has resigned from any office from which he or she is required to resign pursuant to section
99.012. Section
99.021(1)(b) requires any person seeking to qualify for "nomination" [5] as a candidate of any political party to "state in writing" these additional facts: 1....
...person seeks to qualify. 3. That the person has paid the assessment levied against him or her, if any, as a candidate for said office by the executive committee of the party of which he or she is a member. *1117 Although the trial court referred to section 99.021 and "the loyalty oath contained therein," that section does not in fact contain any pledge of loyalty that is applicable to a political party. Nothing within section 99.021 purports to preclude a political party from imposing other requirements for service on a county executive committee, so long as those conditions are not inconsistent with the minimum requirements found in that section....
...ure intended, each party provides its own rules for governance and eligibility for leadership. Each party's executive committee is permitted to establish any rules for eligibility that do not expressly conflict with the minimal requirements found in section 99.021....
...election, or that he or she has read and will comply with the party's platform and written rules. These are hypothetical examples of executive committee eligibility rules that would not conflict in any way with the statutory form of oath required by section 99.021. The specially concurring opinion would hold that any such eligibility restrictions, because they exceed the minimal conditions set forth in section 99.021, are unlawful and could be enjoined....
...d a filing deadline for that form, so long as it makes the new rule and new form reasonably (and timely) known and available to the prospective candidates. That right does not excuse the candidates' obligations to comply with sections
103.091(4) and
99.021, and of course the Party cannot require the supervisor of elections to monitor compliance with any of the Party's own rules....
...Under the Election Code, candidates including candidates for party officemust file their qualifying papers with the supervisor of elections during the qualifying period. §
103.091(4), Fla. Stat. (2008). One of the qualifying papers that a candidate must file is a candidate oath. §
99.021, Fla....
...he oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee." § 99.021(2), Fla....
...Thus, the statutory oath must be completed not only by a candidate who qualifies for election, but must also be completed by someone who is chosen by the county executive committee to fill a vacancy. Id.; §
103.091(5). The statute spells out the content of the candidate oath. Id. §
99.021(1)....
...successful candidates if the candidates had not filed this extra oath by the Filing Deadline. This the Party cannot do. Florida law expressly spells out the oath which is to be taken by candidates for the position of committeeman or committeewoman. § 99.021. There is no authority in section 99.021 for the Party to add another oath which operates as an additional de facto condition for election to office....
...to be elected. . . at the primary election. . . ." Id. §
103.091(4). Once the Party voluntarily decides to participate in the election process, the Party must follow the Election Code. The Election Code spells out the oath which is to be taken. Id. §
99.021. Neither section
99.021 nor section
103.091 authorizes the Party to require an additional oath which, as implemented by the Party, amounts de facto to an additional requirement to qualify for election to office....
...The proposed loyalty oath was similar to the Republican Party oath now before us. [15] The Attorney General's answer was no: the party could not impose this additional *1124 requirement on qualifying for office. The Attorney General explained that section 99.021, Florida Statutes, sets forth the required oath. The Attorney General said: Section 99.021, F.S., does not provide for or authorize the proposed party loyalty oath which is described above. Our office . . . cannot legislate, and cannot by interpretation add something to s 99.021 which it does not contain....
...Lanier,
127 So.2d 912 (Fla. 2d DCA 1961), which is also on point. In that case Lanier and several other individuals were appointed to fill vacancies on the Palm Beach County Democratic Executive Committee. They failed to execute the statutory oath of section
99.021, Florida Statutes. In 1961, section
99.021 applied to candidates for election on a county executive committee, but did not state that persons appointed to fill a vacancy had to execute the same oath. [16] The Second District held that "[a] county executive committee is purely a creature of statute, and all its functions and powers are derived thereby." Id. at 913. Because the then-existing version of section
99.021 applied only to candidates, the county executive *1125 committee had no authority to require appointees to execute the statutory oath....
...all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system." The term "political subdivisions" does not include political parties, per section
1.01(8), Florida Statutes (2008). [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 exec...
...[12] The Florida Election Code consists of chapters 97-106, Florida Statutes. §
97.011, Fla. Stat. (2008). [13] The statute has been implemented by the Division of Elections on form DS-DE24D. This is a three-part form which contains the Oath of Candidate and Statement of Party under section
99.021 and (not relevant here) the Loyalty Oath required by sections
876.05.10, Florida Statutes (2008)....
...which I have been elected; that I have not violated any of the laws of the State of Florida relating to elections or the Charter and Bylaws of the Florida Democratic Party. (e.s.) [16] The statute was subsequently amended to include appointees. See § 99.021(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 14667, 2008 WL 4367453
...the state, the term of which office or any part thereof runs concurrent[ly] with that of the office he or she seeks; and that he or she has resigned from any office from which he or she is required to resign pursuant to s.
99.012, Florida Statutes. §
99.021(l)(a), Fla....
CopyPublished | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 12118
...ecured a position on the ballot for the general election. The candidate shall, within five days of being so notified by the department of state, qualify with the department of state, pay his filing fee, and take and subscribe to the oath provided in § 99.021....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2125, 1984 Fla. App. LEXIS 15537
...Pursuant to Florida Rule of Appellate Procedure 9.040(c) we elected to treat this as an appeal. We expedited consideration and disposition. The order appealed declared appellant ineligible to seek the Republican party nomination for sheriff because he was in “violation” of Section 99.021(l)(b), Florida Statutes (1983)....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...ute specifically describing the oath requirements for candidates for political party nominations and for election to political party executive committees, it is appropriate to render an opinion to you on your statutory duties and authority. See , ss
99.021 ,
103.091 ,
103.121 ,
103.131 ,
103.141 , 103.151, F.S.; see also , Platt v. Lanier,
127 So.2d 912 , 913 (2 D.C.A.Fla., 1961) (holding that a county executive committee is purely a creature of statute, and all its functions and powers are derived thereby). Section
99.021 (1)(a), F.S., requires each party candidate, in order to qualify for nomination or election to any office other than a judicial office, to take and subscribe to an oath or affirmation in writing substantially in the form prescribed therein....
...the general election for which he seeks to qualify. 3. That he has paid the assessment levied against him, if any, as a candidate for said office by the executive committee of the party of which he is a member. The provisions of subsection (1) of s 99.021 , F.S., 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, as provided by law, and to any person filling a vacancy on a political party executive committee. Section 99.021 (2), F.S. Section 99.021 , F.S., does not provide for or authorize the proposed party loyalty oath which is described above....
...Our office is unable to write into the statute any additional eligibility requirements or qualifications to become a candidate of a political party for nomination or election to any public office; our office cannot legislate, and cannot by interpretation add something to s 99.021 which it does not contain....
...1974) (holding that denial of candidacy should be based on an express legislative provision for ineligibility and further that ineligibility for office cannot be judicially prescribed by implication). By the same token, it is not within the province or authority of this office to write into s 99.021 , F.S., any additional eligibility requirements or qualifications to become a candidate of any political party for nomination or election to any public office....
...mbers for violation of oath of office). I have found no statutory provision which authorizes similar disciplinary action against a candidate for nomination who violates a fealty oath. 2 A fealty oath similar to that which you propose was a part of s 99.021 , F.S., and its predecessor legislation in past years....
...Peters,
52 So.2d 793 (Fla. 1951) (upholding as a reasonable legislative regulation the party loyalty requirement formerly contained in s 102.29, F.S. 1949); Coles v. Robb,
69 So.2d 322 (Fla. 1954) (construing the 1951 amendment to s 102.29, renumbered at that time as s
99.021 ); cf ., Crowells v. Petersen,
118 So.2d 539 (Fla. 1960) (upholding that portion of the 1960 version of s
99.021 , F.S., which required a potential nominee to swear that he had not registered as a member of any other political party for the past two years); Driver v. Adams,
196 So.2d 916 (Fla. 1967) (upholding the 1967 version of s
99.021 , F.S., which, inter alia , required a candidate for party nomination to pledge to vote for 90% of the opposed candidates of such party)....
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3989
PER CURIAM. By their petition for a writ of mandamus, the petitioners question the validity of various provisions of Florida’s so-called “political party loyalty oath” prescribed by Section 99.021(1), Florida Statutes, F.S.A....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...within two miles of the county seat." (e.s.) 2 See, Sparkman v. McClure,
498 So.2d 892 (Fla. 1986). See generally, 67 C.J.S. Or pp. 888-889. 3 See, Fine v. Moran,
77 So. 533 , 536 (Fla. 1917), and Osborne v. Simpson,
114 So. 543 , 544 (Fla. 1927). 4 Section
99.021 (1)(a), F.S....
CopyPublished | Supreme Court of Florida | 1954 Fla. LEXIS 1200
...The oath was revised so that a candidate was re *324 quired only to pledge that in “the next general election” he would “vote for a majority of the nominees .of [the] party whose names shall appear upon the ballot * * *. ” (Italics supplied.) Section 99.021, Florida Statutes 1953 and F.S.A....
CopyPublished | Florida 1st District Court of Appeal
...the Retention of a
District in Northern Florida,
333 So. 3d 1106 (Fla. 2022)
(requesting an advisory opinion from the Florida Supreme Court
specifically relating to the constitutionality of redistricting CD-5);
art. VI, U.S. Const.; Candidate Oath, §
99.021, Fla....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4459
...term” of the office which he holds expires? “ ‘It is not difficult to answer this query. An incumbent may qualify as a candidate for an office other than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021(1) (f), Florida Statutes, F.S.A., by resigning before entering upon the duties of the office to which he might be elected....
