Florida Statutes

Fla. Stat. § 105.041 (2025)

Form of ballot.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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105.041 Form of ballot.—

(1) BALLOTS.—The names of candidates for nonpartisan office which appear on the ballot at the primary election shall be grouped together on a separate portion of the ballot or on a separate ballot. The names of candidates for election to nonpartisan office which appear on the ballot at the general election and the names of justices and judges seeking retention to office shall be grouped together on a separate portion of the general election ballot.

(2) LISTING OF CANDIDATES.—The order of nonpartisan offices appearing on the ballot shall be determined by the Department of State. The names of candidates for election to each nonpartisan office shall be listed in alphabetical order. With respect to retention of justices and judges, the question “Shall Justice (or Judge) (name of justice or judge) of the (name of the court) be retained in office?” shall appear on the ballot in alphabetical order and thereafter the words “Yes” and “No.”

(3) REFERENCE TO PARTY AFFILIATION PROHIBITED.—No reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate.

(4) WRITE-IN CANDIDATES.—Space shall be made available on the general election ballot for an elector to write in the name of a write-in candidate for judge of a circuit court or county court or member of a school board if a candidate has qualified as a write-in candidate for such office pursuant to s. 105.031. This subsection shall not apply to the offices of justices and judges seeking retention.

History.—s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s. 18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch. 2005-286; s. 34, ch. 2008-95.

Notes of Decisions

Cited in 3 cases, 1994–2019 · leading case: Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

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Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). · cites it 2× “” And section 105.041(3)-(4), Florida Statutes (2018), states that “[n]o reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate,” while “[s]pace shall be made available on the general election ballot” for write-in…”

Nipper v. Smith, 39 F.3d 1494 (11th Cir. 1994). “See also Fla.Stat.Ann. § 105.041(3) (West 1992) (“No reference to political party affiliation shall appear on any ballot with respect to any nonpartisan judicial office or candidate.”

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “” And section 105.041(3)-(4), Florida Statutes (2018), states that “[n]o reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate,” while “[s]pace shall be made available on the general election ballot” for write-in…”

— 105.041(3) — 3 cases

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “” And section 105.041(3)-(4), Florida Statutes (2018), states that “[n]o reference to political party affiliation shall appear on any ballot with respect to any nonpartisan office or candidate,” while “[s]pace shall be made available on the general election ballot” for write-in…”

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