Florida Statute 103.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS

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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.

F.S. 103.101 on Google Scholar

F.S. 103.101 on CourtListener

Amendments to 103.101

Annotations, Discussions, Cases:

Cases Citing Statute 103.101

Total Results: 12

Norman E. Wymbs and Ann R. Cassady v. Republican State Executive Committee of Florida

719 F.2d 1072, 1983 U.S. App. LEXIS 15734

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 1983 | Docket: 777909

Cited 104 times | Published

primary rules, as authorized by Fla.Stat.Ann. § 103.101; (2) the nomination of presidential electors,

Reform Party of Florida v. Black

885 So. 2d 303, 2004 WL 2075415

Supreme Court of Florida | Filed: Sep 17, 2004 | Docket: 1685247

Cited 17 times | Published

See § 101.2512(1), Fla. Stat. (2003); see also § 103.101, Fla. Stat. (2003) (outlining procedure for presidential

Webb v. Hill

75 So. 2d 596

Supreme Court of Florida | Filed: Oct 29, 1954 | Docket: 1517801

Cited 13 times | Published

718, this Court said: "This Subsection 7 of Section 103.101 was enacted for some purpose. We cannot assume

Alexander v. Booth

56 So. 2d 716, 1952 Fla. LEXIS 1027

Supreme Court of Florida | Filed: Feb 5, 1952 | Docket: 1355360

Cited 12 times | Published

plaintiffs in the Court below, contended that Section 103.101(7), F.S.,F.S.A., Election Code, gives the individual

Duke v. Smith

13 F.3d 388, 1994 U.S. App. LEXIS 2444

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 1994 | Docket: 663001

Cited 8 times | Published

primary election.11 26 Section 103.101(2)(c) does not leave the individual political

Duke v. Smith

13 F.3d 388, 1994 WL 10792

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 1994 | Docket: 64015961

Cited 5 times | Published

District of Florida1 challenging Florida Statutes § 103.101 which governs access to the presidential primary

Duke v. Smith

784 F. Supp. 865, 21 Fed. R. Serv. 3d 803, 1992 U.S. Dist. LEXIS 1682, 1992 WL 25430

District Court, S.D. Florida | Filed: Jan 30, 1992 | Docket: 1751942

Cited 2 times | Published

declare the procedure set forth in Florida Statute § 103.101 as unconstitutionally void for vagueness since

Wagner v. Gray

74 So. 2d 89, 1954 Fla. LEXIS 1094

Supreme Court of Florida | Filed: Jul 23, 1954 | Docket: 64485911

Cited 1 times | Published

a political party in this State under F.S. Section 103.101, F.S.A. The purpose of the suit was to determine

Duke v. Smith

141 F.R.D. 348, 1992 U.S. Dist. LEXIS 1683, 1992 WL 25435

District Court, S.D. Florida | Filed: Jan 30, 1992 | Docket: 66306580

Published

sought a declaration that Florida Statute Section 103.101 was unconstitutionally void for vagueness and

Quinn v. Stone

259 So. 2d 492, 1972 Fla. LEXIS 3945

Supreme Court of Florida | Filed: Mar 2, 1972 | Docket: 64524866

Published

preference primary ballot under new Fla. Stat. § 103.101, F.S.A., as amended by Ch. 71-236, Laws of Florida

Yorty v. Stone

259 So. 2d 146, 1972 Fla. LEXIS 3941

Supreme Court of Florida | Filed: Feb 22, 1972 | Docket: 64524764

Published

dissent on the basis that Section (4) of Fla.Stat. 103.101, F.S.A. (set out in the majority opinion)

Shelly v. Brewer

68 So. 2d 573, 1953 Fla. LEXIS 1774

Supreme Court of Florida | Filed: Nov 24, 1953 | Docket: 64484895

Published

Republican Convention. Rights were asserted under Section 103.101 (-7), F.S., F.S.A., the same being part of

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