Florida Statutes

Fla. Stat. § 105.051 (2025)

Determination of election or retention to office.

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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.

Notes of Decisions

Cited in 10 cases, 1998–2019 · 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 7× “Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general election: If…”

Advisory Opinion to Governor, 824 So. 2d 132 (Fla. 2002). · cites it 6× “; § 105.051(1), Fla. Stat. (2001). If no candidate receives a majority of the votes cast on September 10, 2002, the two candidates who receive the most votes are to be on the ballot in November.”

Advisory Opinion to the Governor Re Jud. Vacancy Due to Resignation, 42 So. 3d 795 (Fla. 2010). · cites it 4× “Because Judge Ack-erman’s candidacy was uncontested, pursuant to section 105.051, Florida Statutes (2009), he was deemed elected to serve as a judge on the Escambia County Court for the term beginning January 4, 2011.”

Davis v. Chiles, 139 F.3d 1414 (11th Cir. 1998). · cites it 2× “V § 10(a); Fla. Stat. §§ 105.051 (2), 105.061. Accordingly, there is no constitutional or statutory basis in Florida law for the retention system Davis proposes; as the district court observed, Florida's Constitution and statutes would have to change to allow for Davis's…”

Bloch v. Del Rey, 208 So. 3d 189 (Fla. 3d DCA 2016). · cites it 2× “See § 105.051(l)(b), Fla. Stat. (2016). Where more than two judicial candidates are running for the same office, and no candidate receives a majority of the votes cast, a runoff between the two candidates receiving the highest number of votes is held on the general election date.”

Levey v. Dijols, 990 So. 2d 688 (Fla. 4th DCA 2008). · cites it 4× “§ 105.051(1), Fla. Stat. (2007). Bober received about 38% of the approximately 100,000 votes cast.”

Pepper v. Cobo, 785 So. 2d 718 (Fla. 3d DCA 2001). · cites it 3× “Since Demetrio Perez was not a qualified candidate for that office, the voters were not given a choice between the two highest qualified candidates as required by Fla. Stat. § 105.051 (l)(b), and, in fact, were given no choice at all.”

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). · cites it 3× “- 17 - Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general…”

Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. 1st DCA 2018). · cites it 2× “The individual selected by the Governor would then have to appear at the next general election 8 § 105.051(1)(a), Fla. Stat. (2018). 8 occurring more than one year after the date of appointment.”

Davis v. Chiles, 139 F.3d 1414 (11th Cir. 1998). “V § 10(a); Fla. Stat. §§ 105.051 (2), 105.061. Accordingly, there is no constitutional or statutory basis in Florida law for the retention system Davis proposes; as the district court observed, Florida’s Constitution and statutes would have to change to allow for Davis’s…”

— 105.051(1) — 2 cases

Advisory Opinion to Governor, 824 So. 2d 132 (Fla. 2002). “; § 105.051(1), Fla. Stat. (2001). If no candidate receives a majority of the votes cast on September 10, 2002, the two candidates who receive the most votes are to be on the ballot in November.”

Levey v. Dijols, 990 So. 2d 688 (Fla. 4th DCA 2008). “§ 105.051(1), Fla. Stat. (2007). Bober received about 38% of the approximately 100,000 votes cast.”

— 105.051(1)(a) — 1 case

Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. 1st DCA 2018). “The individual selected by the Governor would then have to appear at the next general election 8 § 105.051(1)(a), Fla. Stat. (2018). 8 occurring more than one year after the date of appointment.”

— 105.051(1)(b) — 3 cases

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general election: If…”

Levey v. Dijols, 990 So. 2d 688 (Fla. 4th DCA 2008). “§ 105.051(1), Fla. Stat. (2007). Bober received about 38% of the approximately 100,000 votes cast.”

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “- 17 - Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general…”

— 105.051(2) — 2 cases

— 105.051(l)(a) — 1 case

Advisory Opinion to the Governor Re Jud. Vacancy Due to Resignation, 42 So. 3d 795 (Fla. 2010). “Because Judge Ack-erman’s candidacy was uncontested, pursuant to section 105.051, Florida Statutes (2009), he was deemed elected to serve as a judge on the Escambia County Court for the term beginning January 4, 2011.”

— 105.051(l)(b) — 2 cases

Bloch v. Del Rey, 208 So. 3d 189 (Fla. 3d DCA 2016). “See § 105.051(l)(b), Fla. Stat. (2016). Where more than two judicial candidates are running for the same office, and no candidate receives a majority of the votes cast, a runoff between the two candidates receiving the highest number of votes is held on the general election date.”

Pepper v. Cobo, 785 So. 2d 718 (Fla. 3d DCA 2001). “Since Demetrio Perez was not a qualified candidate for that office, the voters were not given a choice between the two highest qualified candidates as required by Fla. Stat. § 105.051 (l)(b), and, in fact, were given no choice at all.”

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