Florida Statute 105.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 105
NONPARTISAN ELECTIONS

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F.S. 105.051

105.051 Determination of election or retention to office.—

(1) ELECTION.—In circuits and counties holding elections:

(a) The name of an unopposed candidate for the office of circuit judge, county court judge, or member of a school board shall not appear on any ballot, and such candidate shall be deemed to have voted for himself or herself at the general election.

(b) If two or more candidates, neither of whom is a write-in candidate, qualify for such an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast for such office in the primary election, the name of the candidate who receives such majority shall not appear on any other ballot unless a write-in candidate has qualified for such office. An unopposed candidate shall be deemed to have voted for himself or herself at the general election. If no candidate for such office receives a majority of the votes cast for such office in the primary election, the names of the two candidates receiving the highest number of votes for such office shall be placed on the general election ballot. If more than two candidates receive an equal and highest number of votes, the name of each candidate receiving an equal and highest number of votes shall be placed on the general election ballot. In any contest in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the general election ballot.

(c) The candidate who receives the highest number of votes cast for the office in the general election shall be elected to such office. If the vote at the general election results in a tie, the outcome shall be determined by lot.

(2) RETENTION.—With respect to any justice or judge who qualifies to run for retention in office, the question prescribed in s. 105.041(2) shall be placed on the ballot at the general election. If a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, the justice or judge shall be retained for a term of 6 years commencing on the first Tuesday after the first Monday in January following the general election. If less than a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, a vacancy shall exist in such office upon the expiration of the term being served by the justice or judge.

History.—s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147; s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286.

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Amendments to 105.051

Arrestable Offenses / Crimes under Fla. Stat. 105.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 105.051.

Annotations, Discussions, Cases:

Cases Citing Statute 105.051

Total Results: 8

Orange County, Florida v. Rick Singh, etc.

Court: Supreme Court of Florida | Date Filed: 2019-04-18

Citation: 268 So. 3d 668

Snippet: Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections

Orange County, Florida v. Rick Singh, etc.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that

Rick Scott, in his official capacity as Governor of the State of Florida v. David P. Trotti, an individual

Court: District Court of Appeal of Florida | Date Filed: 2018-07-26

Snippet: appear at the next general election 8 § 105.051(1)(a), Fla. Stat. (2018).

Bloch v. Del Rey

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 208 So. 3d 189, 2016 Fla. App. LEXIS 15905

Snippet: elections in partisan campaigns. See § 105.051(l)(b), Fla. Stat. (2016). Where more than two judicial

Advisory Opinion to the Governor Re Judicial Vacancy Due to Resignation

Court: Supreme Court of Florida | Date Filed: 2010-07-12

Citation: 42 So. 3d 795, 35 Fla. L. Weekly Supp. 453, 2010 Fla. LEXIS 1118, 2010 WL 2720459

Snippet: commencing January 4, 2011, pursuant to section 105.051(1)(a), Florida Statutes. However, I have been informed

Levey v. Dijols

Court: District Court of Appeal of Florida | Date Filed: 2008-09-24

Citation: 990 So. 2d 688, 2008 WL 4327060

Snippet: ballot for the August 26, 2008 primary election. § 105.051(1), Fla. Stat. (2007). Bober received about 38%

Advisory Opinion to Governor

Court: Supreme Court of Florida | Date Filed: 2002-07-10

Citation: 824 So. 2d 132, 2002 WL 1472811

Snippet: section 10(b)(1) and (2) and implemented by section 105.051(1), Florida Statutes (2001), begins when a candidate

Pepper v. Cobo

Court: District Court of Appeal of Florida | Date Filed: 2001-05-23

Citation: 785 So. 2d 718, 2001 Fla. App. LEXIS 7319, 2001 WL 540759

Snippet: nonpartisan election is governed by Florida Statutes § 105.051(l)(b) (1999). In pertinent part, it reads: (b)