CopyCited 9 times | Published | Supreme Court of Florida
...(4) If a vacancy occurs in the office of member of the House of Representatives of Congress from Florida. (5) If a vacancy occurs in nomination. It is clear that this statute does not envision special elections for judges. Section
100.101 should be considered as in pari materia with section
100.141, which the governor and the secretary of state assert grants them the authority to hold special elections in this case. Section
100.141 only applies when a special election is required in order to fill a vacancy in elective office. Since there is no requirement, either in the constitution or in the statutes, that vacancies in judicial offices be filled by special election, section
100.141 is inapplicable....
CopyPublished | Supreme Court of Florida
...writs of quo warranto and mandamus, see art. V, § 3(b)(8), Fla.
2. See §
99.061(7), Fla. Stat. (2024) (listing required items for
qualification); §
101.252, Fla. Stat. (2024) (describing right to
appear on ballot as “entitlement” if candidate is qualified);
§
100.141, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Foster, Judge.
August 29, 2019
PER CURIAM.
In this election case, David Taylor appeals the trial court’s
denial of mandamus and declaratory relief. He claims the Duval
County Supervisor of Elections (“Hogan”) was required to comply
with the notice and publication requirements of section 100.141,
Florida Statutes (2018), after the Jacksonville City Council
(“Council”) called for a special election to fill a vacant council seat.
We reject this argument because the notice and publication
requirements of section 100.141 do not apply to locally-called
special elections.
In early June 2018, a council member announced his
irrevocable intention to resign from office....
...The only other applicable notice provision, a catch-all
for special elections unaddressed elsewhere in the Florida Election
Code, requires notice of the election itself, but not the qualifying
period. §
100.342, Fla. Stat. (2018).
Taylor argues that the local election at issue here falls under
section
100.141 based on the Florida Election Code’s broad
definition of “special election.” We disagree....
...this general
definition does not apply “when the context clearly indicates
otherwise.” §
97.021, Fla. Stat. (2018). In context, section
100.l41(3) only applies when the Governor and Department of
State are involved in the election process. See §
100.141(1)-(3), Fla.
Stat.
Additionally, the notice provisions of section 100.l41 apply
“whenever a special election is required.” See §
100.141(1), Fla.
Stat. (emphasis added). Because the Council could have just left
this vacancy open, a special election was not required. See §
100.141(1), Fla....
...Similarly, section
100.342, the catch all provision,
requires notice of the election itself, but not the qualifying period.
Therefore, we find the statutes did not require Hogan to
comply with the notice and publication requirements set forth in
3
section
100.141, and thus, the trial court did not err when it denied
mandamus and declaratory relief.
AFFIRMED.
B.L....
