Florida Statutes
Fla. Stat. § 100.061 (2025)
Primary election.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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100.061 Primary election.—In each year in which a general election is held, a primary election for nomination of candidates of political parties shall be held on the Tuesday 11 weeks prior to the general election. The candidate receiving the highest number of votes cast in each contest in the primary election shall be declared nominated for such office. If two or more candidates receive an equal and highest number of votes for the same office, such candidates shall draw lots to determine which candidate is nominated.
History.—s. 5, ch. 6469, 1913; RGS 303; CGL 359; s. 2, ch. 13761, 1929; s. 1, ch. 17897, 1937; s. 7, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 1, ch. 57-166; s. 1, ch. 59-4; s. 1, ch. 69-1745; s. 4, ch. 83-251; s. 11, ch. 2005-286; s. 22, ch. 2007-30; s. 20, ch. 2011-40; s. 3, ch. 2013-57; s. 6, ch. 2019-162.
Note.—Former s. 102.05.
Notes of Decisions
Cited in 13
cases, 1960–2019 · leading case: Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997).
Solomon v. Liberty Cnty., Fla., 957 F. Supp. 1522 (N.D. Fla. 1997). “See Fla.Stat. §§ 100.061, 100.091. There is no majority vote requirement for the general election.”
Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “” Section 100.061, Florida Statutes (2018), states that “a primary election for nomination of candidates of political parties shall be held on the Tuesday 10 weeks prior to the general election.”
Pub. Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga. 1993). “§ 7-7-304 (1987); Fla.Stat. § 100.061 (1991); Ga.Code Ann. § 21-2-501 (1987); Miss.”
Repub. State Exec. Comm. v. Graham, 388 So. 2d 556 (Fla. 1980). “[3] Section 100.061, Florida Statutes (1979), states that candidates who receive a majority of votes cast in the first primary election "shall be declared" nominated, and section 100.”
Green v. Mortham, 989 F. Supp. 1451 (M.D. Fla. 1998). “Fla.Stat.Ann. § 100.061 (West 1997). If no primary candidate receives a majority of the votes, a runoff is held.”
Baker v. State ex rel. Caldwell, 122 So. 2d 816 (Fla. 2d DCA 1960). “As stated in the subsection, ‘The first primary is a nomination or elimination election, the second primary is a nominating election only’; and, as made plain in Section 100.061, Florida Statutes 1951, F.”
Hall v. Strickland, 170 So. 2d 827 (Fla. 1964). “Section 100.061, Fla. Stat., F.S.A. In line with this tying-in of the tenure of the judgeships to the first week in May, the amendment established a definite cycle for the beginning of the terms of the judges to be selected under the new plan by declaring that "The offices of…”
In Re Advisory Opinion of Gov. Request, 301 So. 2d 4 (Fla. 1974). “The first nonpartisan election shall be held at the time of the first primary election provided for by § 100.061. The second nonpartisan election shall be held at the time of the second primary election provided for by § 100.”
Beller v. Adams, 235 So. 2d 502 (Fla. 1970). “Section 100.061, F.S.A.), and for printing the official ballot, including the names of such nominees thereon for the General Election of 1970 (F.”
Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “” Section 100.061, Florida - 15 - Statutes (2018), states that “a primary election for nomination of candidates of political parties shall be held on the Tuesday 10 weeks prior to the general election.”
N.A.A.C.P. v. Gadsden Cnty. Sch. Bd., 589 F. Supp. 953 (N.D. Fla. 1984). “Section 100.061, Florida Statutes. The election of members of the school board is presently by vote of the qualified electors of the entire district.”
Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998). “§ 7-7-102 (Michie 1993); Fla. Stat. Ann. § 100.061 (West 1982); O.”
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