Florida Statutes

Fla. Stat. § 103.101 (2025)

Presidential preference primary.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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103.101 Presidential preference primary.—

(1) Each political party other than a minor political party shall, at the presidential preference primary, elect one person to be the party’s candidate for nomination for President of the United States or select delegates to the party’s national nominating convention, as provided by party rule. The presidential preference primary shall be held on the third Tuesday in March of each presidential election year. Any party rule directing the vote of delegates at a national nominating convention shall reasonably reflect the results of the presidential preference primary, if one is held.

(2) By November 30 of the year preceding the presidential preference primary, each political party shall submit to the Secretary of State a list of its presidential candidates to be placed on the presidential preference primary ballot or candidates entitled to have delegates appear on the presidential preference primary ballot. The Secretary of State shall prepare and publish a list of the names of the presidential candidates submitted not later than on the first Tuesday after the first Monday in December of the year preceding the presidential preference primary. The Department of State shall immediately notify each presidential candidate listed by the Secretary of State. Such notification shall be in writing, by registered mail, with return receipt requested.

(3) A candidate’s name shall be printed on the presidential preference primary ballot unless the candidate submits to the Department of State, prior to the second Tuesday after the first Monday in December of the year preceding the presidential preference primary, an affidavit stating that he or she is not now, and does not presently intend to become, a candidate for President at the upcoming nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State shall notify the state executive committee that the candidate’s name will not be placed on the ballot. The Department of State shall, no later than the third Tuesday after the first Monday in December of the year preceding the presidential preference primary, certify to each supervisor of elections the name of each candidate for political party nomination to be printed on the ballot.

(4) The names of candidates for political party nominations for President of the United States shall be printed on official ballots for the presidential preference primary election and shall be marked, counted, canvassed, returned, and proclaimed in the same manner and under the same conditions, so far as they are applicable, as in other state elections. If party rule requires the delegates’ names to be printed on the official presidential preference primary ballot, the name of the presidential candidates for that political party may not be printed separately, but the ballot may reflect the presidential candidate to whom the delegate is pledged. If, however, a political party has only one presidential candidate, neither the name of the candidate nor the names of the candidate’s delegates shall be printed on the ballot.

(5) The state executive committee of each party, by rule adopted at least 60 days prior to the presidential preference primary election, shall determine the number, and establish procedures to be followed in the selection, of delegates and delegate alternates from among each candidate’s supporters. A copy of any rule adopted by the executive committee shall be filed with the Department of State within 7 days after its adoption and shall become a public record. The Department of State shall review the procedures and shall notify the state executive committee of each political party of any ballot limitations.

(6) All names of candidates or delegates shall be listed as directed by the Department of State.

History.—s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch. 22058, 1943; s. 1, ch. 22729, 1945; s. 1, ch. 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch. 71-236; s. 2, ch. 75-246; s. 1, ch. 77-174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, ch. 91-45; s. 608, ch. 95-147; s. 28, ch. 2001-40; s. 3, ch. 2007-30; s. 27, ch. 2008-95; s. 47, ch. 2011-40; s. 28, ch. 2012-116; s. 20, ch. 2013-57; s. 1, ch. 2015-5.

Note.—Former ss. 102.03, 102.72.

Notes of Decisions

Cited in 12 cases, 1952–2004 · leading case: Norman E. Wymbs & Ann R. Cassady v. Repub. State Exec. Comm. of Florida, 719 F.2d 1072 (11th Cir. 1983).

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Norman E. Wymbs & Ann R. Cassady v. Repub. State Exec. Comm. of Florida, 719 F.2d 1072 (11th Cir. 1983). · cites it 3× “2 Wymbs al *1074 leged in count one that the Committee performs a number of important political and governmental functions that amount to state action: (1) the adoption of presidential preference primary rules, as authorized by Fla.Stat.Ann. § 103.101; (2) the nomination of…”

Reform Party of Florida v. Black, 885 So. 2d 303 (Fla. 2004). · cites it 2× “(2003); see also § 103.101, Fla. Stat. (2003) (outlining procedure for presidential preference primary).”

Alexander v. Booth, 56 So. 2d 716 (Fla. 1952). · cites it 6× “These questions necessarily involve the proper construction to be placed upon Subsection 7 of Section 103.101, F.S.,F.S.A., and the power of the courts to interfere with, or regulate, the affairs of political parties in matters not regulated or controlled by Statutes.”

Duke v. Smith, 784 F. Supp. 865 (S.D. Fla. 1992). · cites it 8× “Plaintiffs ask this Court to enter an injunction ordering that their names be placed on the primary ballot scheduled for March 10, 1992 and to declare the procedure set forth in Florida Statute § 103.101 as unconstitutionally void for vagueness since it provides no rules…”

Quinn v. Stone, 259 So. 2d 492 (Fla. 1972). · cites it 9× “Appellant seeks to compel appellees to place his name on the March 14, 1972, presidential preference primary ballot under new Fla. Stat. § 103.101 , F.S.A., as amended by Ch.”

Duke v. Smith, 13 F.3d 388 (11th Cir. 1994). · cites it 2× “(c) If a, presidential candidate makes a request that the selection committee reconsider placing the candidate’s name on the ballot, the selection committee will reconvene no later than the second Thursday after the first Monday in January to reconsider placing the candidate’s…”

Webb v. Hill, 75 So. 2d 596 (Fla. 1954). “2d 716, 718 , this Court said: "This Subsection 7 of Section 103.101 was enacted for some purpose.”

Duke v. Cleland, 884 F. Supp. 511 (N.D. Ga. 1995). “Whereas § 21-2-193(b) allows a candidate’s name to be placed on the ballot if only one member of the candidate’s party agrees to do so, the Florida statute does nothing of the kind.”

Wagner v. Gray, 74 So. 2d 89 (Fla. 1954). “Section 103.101, F.S.A. The purpose of the suit was to determine the manner or method of selecting National Committeemen and National Committeewomen and Delegates to the National Republican Convention.”

Yorty v. Stone, 259 So. 2d 146 (Fla. 1972). · cites it 11× “Although Section 103.101 was not in effect at that time, the Battaglia holding regarding the constitutional right to privacy is directly on point and is clearly controlling in this case.”

Shelly v. Brewer, 68 So. 2d 573 (Fla. 1953). · cites it 2× “The question determined in that case was whether or not the National Committeemen and National Committeewomen and the Delegates to the National Republican Convention should be elected by the members of the Republican Party, either in a primary or in some other method or .”

Duke v. Smith, 141 F.R.D. 348 (S.D. Fla. 1992). “Plaintiffs also sought a declaration that Florida Statute Section 103.101 was unconstitutionally void for vagueness and for allowing for enforcement against candidates based on arbitrary, capricious and constitutionally impermissible reasons.”

— 103.101(2) — 2 cases

Duke v. Smith, 784 F. Supp. 865 (S.D. Fla. 1992). “Plaintiffs ask this Court to enter an injunction ordering that their names be placed on the primary ballot scheduled for March 10, 1992 and to declare the procedure set forth in Florida Statute § 103.101 as unconstitutionally void for vagueness since it provides no rules…”

Duke v. Smith, 13 F.3d 388 (11th Cir. 1994). “(c) If a, presidential candidate makes a request that the selection committee reconsider placing the candidate’s name on the ballot, the selection committee will reconvene no later than the second Thursday after the first Monday in January to reconsider placing the candidate’s…”

— 103.101(2)(a) — 1 case

— 103.101(2)(c) — 2 cases

— 103.101(3) — 1 case

Quinn v. Stone, 259 So. 2d 492 (Fla. 1972). “Appellant seeks to compel appellees to place his name on the March 14, 1972, presidential preference primary ballot under new Fla. Stat. § 103.101 , F.S.A., as amended by Ch.”

— 103.101(4) — 1 case

Yorty v. Stone, 259 So. 2d 146 (Fla. 1972). “Although Section 103.101 was not in effect at that time, the Battaglia holding regarding the constitutional right to privacy is directly on point and is clearly controlling in this case.”

— 103.101(6) — 1 case

Norman E. Wymbs & Ann R. Cassady v. Repub. State Exec. Comm. of Florida, 719 F.2d 1072 (11th Cir. 1983). “2 Wymbs al *1074 leged in count one that the Committee performs a number of important political and governmental functions that amount to state action: (1) the adoption of presidential preference primary rules, as authorized by Fla.Stat.Ann. § 103.101; (2) the nomination of…”

— 103.101(7) — 1 case

Alexander v. Booth, 56 So. 2d 716 (Fla. 1952). “These questions necessarily involve the proper construction to be placed upon Subsection 7 of Section 103.101, F.S.,F.S.A., and the power of the courts to interfere with, or regulate, the affairs of political parties in matters not regulated or controlled by Statutes.”

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