Florida Statutes
Fla. Stat. § 100.101 (2025)
Special elections and special primary elections.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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100.101 Special elections and special primary elections.—A special election or special primary election shall be held in the following cases:
(1) If no person has been elected at a general election to fill an office which was required to be filled by election at such general election.
(2) If a vacancy occurs in the office of state senator or member of the state house of representatives.
(3) If it is necessary to elect presidential electors, by reason of the offices of President and Vice President both having become vacant.
(4) If a vacancy occurs in the office of member from Florida of the House of Representatives of Congress.
History.—s. 4, ch. 3879, 1889; RS 158; s. 5, ch. 4328, 1895; GS 175; RGS 219; CGL 254; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 3, ch. 83-15; s. 19, ch. 2005-277; s. 21, ch. 2011-40.
Note.—Former s. 98.08.
Notes of Decisions
Cited in 4
cases, 1964–2012 · leading case: In re Senate Jt. Resolution of Legislative Apportionment 1176, 83 So. 3d 597 (Fla. 2012).
In re Senate Jt. Resolution of Legislative Apportionment 1176, 83 So. 3d 597 (Fla. 2012). “See § 100.101, Fla. Stat. (2011) (providing that a special election or special primary election shall be held “[i]f a vacancy occurs in the office of state senator or member of the state house of representatives”).”
Jud. Nominating Comm'n, Ninth Circuit v. Graham, 424 So. 2d 10 (Fla. 1982). “Special elections are provided for only by section 100.101, Florida Statutes (1981), which provides: A special election or special primary election shall be held in the following cases: (1) If no person has been elected at a general election to fill an office which was required…”
Gong v. Bryant, 230 F. Supp. 917 (S.D. Fla. 1964). “Although section 100.101 provides special elections, it would seem to contemplate nothing short of a general election, and then only upon the condition that the office to be filled has become vacant.”
Jud. Nominating Com'n, Etc. v. Graham, 424 So. 2d 10 (Fla. 1982). “Special elections are provided for only by section 100.101, Florida Statutes (1981), which provides: A special election or special primary election shall be held in the following cases: (1) If no person has been elected at a general election to fill an office which was required…”
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