Florida Statute 103.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

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

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F.S. 103.101

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 Casetext

Amendments to 103.101

Arrestable Offenses / Crimes under Fla. Stat. 103.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 103.101.

Annotations, Discussions, Cases:

Cases Citing Statute 103.101

Total Results: 20

Reform Party of Florida v. Black

Court: Fla. | Date Filed: 2004-09-17T00:00:00-07:00

Citation: 885 So. 2d 303

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

Spadaro v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-05-18T00:00:00-07:00

Citation: 332 So. 2d 110, 1976 Fla. App. LEXIS 14392

Snippet: conviction as alleged. Benson v. State, 88 Fla. 103, 101 So. 231. A verdict of “guilty” in a case like

Barton v. State

Court: Fla. | Date Filed: 1974-03-13T00:00:00-07:00

Citation: 291 So. 2d 586, 1974 Fla. LEXIS 4374

Snippet: Emphasis supplied.) In Benson v. State, 88 Fla. 103, 101 So. 231 (1924), a reversal resulted because there

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-01-22T00:53:00-07:00

Snippet: qualification papers or pay qualifying fees [see s. 103.101(3), F. S.], they are not candidates within the …presidentialpreference primary which is now provided for by s.103.101, F.S., is called for the purpose of expressing

Quinn v. Stone

Court: Fla. | Date Filed: 1972-03-02T00:00:00-08:00

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

Snippet: presidential preference ballot pursuant to F.S. section 103.101, F.S.A. However, I believe this statute is unconstitutional

Yorty v. Stone

Court: Fla. | Date Filed: 1972-02-22T00:00:00-08:00

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

Snippet: dissent on the basis that Section (4) of Fla.Stat. 103.101, F.S.A. (set out in the majority opinion) unconstitutionally…ballot, and he is campaigning there. Thus Fla.Stat. 103.101(4) F.S.A. puts upon the ballot all those recognized…summary, I conclude that Section (4) of Fla.Stat. 103.101, F.S.A. violates the right of privacy discussed

Nichols v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-02-04T00:00:00-08:00

Citation: 231 So. 2d 526, 1970 Fla. App. LEXIS 6934

Snippet: 96, 101 So. 228; Benson v. State, 1924, 88 Fla. 103, 101 So. 231, and Coulson v. State, 1933, 110 Fla.

Battaglia v. Adams

Court: Fla. | Date Filed: 1964-05-13T00:53:00-07:00

Citation: 164 So. 2d 195

Snippet: Convention, as authorized by our statute, Sec. 103.101(2), Fla. Stat., F.S.A., so that the respondent

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 1963-09-04T00:00:00-07:00

Citation: 156 So. 2d 400

Snippet: sister jurisdictions. In Benson v. State, 88 Fla. 103, 101 So. 231 (1924), our Supreme Court held that in…observed that in Benson v. State (1924) 88 Fla. 103, 101 So. 231, the court dealt with the construction

Webb v. Hill

Court: Fla. | Date Filed: 1954-10-28T23:53:00-08:00

Citation: 75 So. 2d 596

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

Wagner v. Gray

Court: Fla. | Date Filed: 1954-07-23T00:00:00-07:00

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

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

Shelly v. Brewer

Court: Fla. | Date Filed: 1953-11-24T00:00:00-08:00

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

Snippet: Convention. Rights were asserted under Section 103.101 (-7), F.S., F.S.A., the same being part of the … the Court construed subsection (7) of Section 103.101 F.S., F.S.A. The Court held that the sole and absolute

Alexander v. Booth

Court: Fla. | Date Filed: 1952-02-04T23:53:00-08:00

Citation: 56 So. 2d 716

Snippet: plaintiffs in the Court below, contended that Section 103.101(7), F.S.,F.S.A., Election Code, gives the individual…construction to be placed upon Subsection 7 of Section 103.101, F.S.,F.S.A., and the power of the courts to interfere…classified for the purpose of regulation by Section 103.101, F.S.,F.S.A. This section reads as follows: "…Statute, and is exclusive. Subsection 7 of Section 103.101 covers each political party whose candidate for… for said office. This Subsection 7 of Section 103.101 was enacted for some purpose. We cannot assume

Barnhill v. State

Court: Fla. | Date Filed: 1949-06-24T00:00:00-08:00

Citation: 41 So. 2d 329, 1949 Fla. LEXIS 752

Snippet: next case was that of Benson v. State, 88 Fla. 103, 101 So. 231, also decided in 1924 and released the…conviction as alleged. Benson v. State, 88 Fla. 103, 101 So. 231. A verdict of `guilty' in a case

Langford v. State

Court: Fla. | Date Filed: 1933-07-18T00:00:00-08:00

Citation: 149 So. 570, 111 Fla. 506, 1933 Fla. LEXIS 2016

Snippet: 96, 101 So. 228, and Benson v. State, 88 Fla. 103, 101 So. 231), whether or not the defendant is guilty

Coulson v. State

Court: Fla. | Date Filed: 1933-05-22T00:00:00-08:00

Citation: 149 So. 521, 110 Fla. 279

Snippet: conviction as alleged. Benson v. State,88 Fla. 103, 101 Sou. Rep. 231. The verdict in this case is simply

Coulson v. State

Court: Fla. | Date Filed: 1933-05-22T00:00:00-08:00

Citation: 149 So. 522, 110 Fla. 281

Snippet: conviction as alleged. Benson v. State,88 Fla. 103, 101 Sou. Rep. 231. A verdict of "guilty"

Beardall v. Zemurray

Court: Fla. | Date Filed: 1931-04-01T00:00:00-08:00

Citation: 133 So. 103, 101 Fla. 1, 1931 Fla. LEXIS 1631

Snippet: Buford, Whitfield, Davis 1 April 1931 133 So. 103, 101 Fla. 1, 1931 Fla. LEXIS 1631 E. W. R. C. Davis

Bell v. Eddy

Court: Fla. | Date Filed: 1931-04-01T00:00:00-08:00

Citation: 133 So. 103, 101 Fla. 3

Snippet: Error Buford, Brown, Ellis 1 April 1931 133 So. 103, 101 Fla. 3 W. D. Bell, for Plaintiff in Error;

Benson Hdw. Co. v. Stokes

Court: Fla. | Date Filed: 1931-03-26T23:53:00-08:00

Citation: 101 Fla. 1282, 133 So. 103

Snippet: PER CURIAM. — 27 March 1931 133 So. 103, 101 Fla. 1282 R. A. McGeachy, for Plaintiff in Error