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Florida Statute 105.041 - Full Text and Legal Analysis
Florida Statute 105.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 105
NONPARTISAN ELECTIONS
View Entire Chapter
F.S. 105.041
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.

F.S. 105.041 on Google Scholar

F.S. 105.041 on CourtListener

Amendments to 105.041


Annotations, Discussions, Cases:

Cases Citing Statute 105.041

Total Results: 4

Nipper v. Smith

39 F.3d 1494, 1994 WL 642754

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 1994 | Docket: 64019036

Cited 25 times | Published

State University. . See also Fla.Stat.Ann. § 105.041(3) (West 1992) (“No reference to political party

Orange County, Florida v. Rick Singh, etc.

268 So. 3d 668

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306

Cited 1 times | Published

petitioning process prescribed in this section." And section 105.041(3) - (4), Florida Statutes (2018), states that

Michael Polelle v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2025 | Docket: 67417924

Published

Argued: Oct 11, 2024

qualifications for non-partisan elections); id. § 105.041 (describing the form of the ballot for

Orange County, Florida v. Rick Singh, etc.

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498536

Published

process prescribed in this section.” And section 105.041(3)-(4), Florida Statutes (2018), states that