CopyCited 1 times | Published | Supreme Court of Florida
...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 district office." Specifically, section
100.051 provides that "[t]he supervisor of elections of each county shall print on ballots to be used in the county at the next general election the names of candidates who have been nominated by a political party and the candidates who have...
...("A general election shall be held in each county ... to choose a successor to each elective ... county ... officer ...."); §
98.015 (1), Fla. Stat. ("A supervisor of elections shall be elected in each county at the general election ..."). Further, section
100.051 expressly provides that candidates listed on the general election ballot are "candidates who have been nominated by a political party and the candidates who have otherwise obtained a position on the general election ballot in complian...
...97.021(29), Fla. Stat. (defining "[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 district office"); § 100.051, Fla....
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...general election in each year the number of which is a multiple of 4.”).
Accordingly, the Florida Election Code mandates that county constitutional
officers be elected at a general election. However, the language in this section
does not require the election to be partisan.
Section 100.051, Fla....
...used in the county at the next general election the names of candidates
who have been nominated by a political party and the candidates who
have otherwise obtained a position on the general election ballot in
compliance with the requirements of this code.
§ 100.051, Fla....
...Stat.
(2018) (“ ‘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.” (emphasis added)); see
also § 100.051, Fla....
...2000).
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“[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 district office.”
Specifically, section 100.051 provides that “[t]he supervisor of elections of
each county shall print on ballots used in the county at the next general election the
names of candidates who have been nominated by a political party and the
candidates who have o...
...(“A general election shall be held in each county . . . to choose a
successor to each elective . . . county . . . officer . . . .”); §
98.015, Fla. Stat. (“A
supervisor of elections shall be elected in each county at the general election . . .
.”). Further, section
100.051 expressly provides that candidates listed on the
general election ballot are “candidates who have been nominated by a political
party and the candidates who have otherwise obtained a position on the general
election ballot in com...
...§
97.021(29), Fla. Stat. (defining “[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 district office”);
§
100.051, Fla....
...by a petition
process as well as appear on the general election ballot alongside major party
candidates nominated in the primary election. However, these statutory provisions
do not provide a mechanism for nonpartisan elections. Stated otherwise, section
100.051 does not preclude candidates with no-party affiliation and minor political
party candidates from appearing on the general election ballot; however, section
100.051 expressly provides for candidates who have been nominated by a political
party in the primary election to appear on the general election ballot.
Accordingly, because the Orange County ordinance prohibits candidates
from runn...