Florida Statutes
Fla. Stat. § 105.071 (2025)
Candidates for judicial office; limitations on political activity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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105.071 Candidates for judicial office; limitations on political activity.—A candidate for judicial office shall not:
(1) Participate in any partisan political party activities, except that such candidate may register to vote as a member of any political party and may vote in any party primary for candidates for nomination of the party in which she or he is registered to vote.
(2) Campaign as a member of any political party.
(3) Publicly represent or advertise herself or himself as a member of any political party.
(4) Endorse any candidate.
(5) Make political speeches other than in the candidate’s own behalf.
(6) Make contributions to political party funds.
(7) Accept contributions from any political party.
(8) Solicit contributions for any political party.
(9) Accept or retain a place on any political party committee.
(10) Make any contribution to any person, group, or organization for its endorsement to judicial office.
(11) Agree to pay all or any part of any advertisement sponsored by any person, group, or organization wherein the candidate may be endorsed for judicial office by any such person, group, or organization.
A candidate for judicial office or retention therein who violates the provisions of this section is liable for a civil fine of up to $1,000 to be determined by the Florida Elections Commission.
History.—s. 7, ch. 71-49; s. 2, ch. 72-310; s. 38, ch. 77-175; s. 633, ch. 95-147; s. 7, ch. 99-326.
Arrestable Offenses under F.S. 105.071
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§105.071ELECTION LAWSREPEALED 1999 (SBO756) CH 99-326
Notes of Decisions
Cited in 11
cases, 1978–2019 · leading case: In Re Angel, 867 So. 2d 379 (Fla. 2004).
In Re Angel, 867 So. 2d 379 (Fla. 2004). “Certainly, in very egregious cases, where a judge's misconduct included implications that he or she would make partisan decisions on the bench, the JQC has recommended a substantial fine in addition to a public reprimand and even removal.”
Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III, 212 So. 3d 291 (Fla. 2017). “However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party.”
Inquiry Concerning a Judge, re Angel, 867 So. 2d 379 (Fla. 2004). “1987) (approving public reprimand for violation of Canon 7 as well as section 105.071, Florida Statutes); In re Pratt, 508 So.”
In Re Kay, 508 So. 2d 329 (Fla. 1987). “eserve judicial integrity and independence), Canon 2(A) (duty of judge to respect and comply with law and conduct himself in manner which promotes public confidence in judicial integrity and impartiality), *330 and Canon 7(B) (duty of judicial candidate to maintain dignity…”
In Re Inquiry Concerning a Judge Pratt, 508 So. 2d 8 (Fla. 1987). “cial candidate to maintain dignity appropriate to judicial office and not misrepresent any fact); the Code of Professional Responsibility, [1] Disciplinary Rules 1-102(A) (conduct violating a disciplinary rule, conduct involving misrepresentation) and 2-102(A) (use of a…”
Zeller v. the Florida Bar, 909 F. Supp. 1518 (N.D. Fla. 1995). “In addition, judicial candidates cannot “make pledges or promises of conduct in office,” or “make statements that commit or appear to commit .”
In Re the Disciplinary Proceeding Against Stoker, 827 P.2d 986 (Wash. 1992). “31 Fla. Stat. Ann. § 105.071 (West 1982). 32 111 Wn.”
Concerned Democrats of Florida v. Reno, 458 F. Supp. 60 (S.D. Fla. 1978). “§ 105.071 4 , the candidate himself would still be prohibited from engaging in any partisan political party activities.”
Geary v. Renne, 880 F.2d 1062 (9th Cir. 1989). “Fla.Stat.Ann. § 105.071. (West Supp.1988).”
Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III – Corrected Opinion (Fla. 2017). “However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party.”
Inquiry Concerning a Judge No. 18-386 Re: Ernest A. Kollra, 268 So. 3d 677 (Fla. 2019). “1 The JQC also explained that section 105.071, Florida Statutes, imposes certain limitations on political activity by candidates for judicial office, including prohibiting a candidate from " '[c]ampaign[ing] as a member of any political party,' or '[p]ublicly represent[ing] or…”
— 105.071(1) — 2 cases
In Re Angel, 867 So. 2d 379 (Fla. 2004). “Certainly, in very egregious cases, where a judge's misconduct included implications that he or she would make partisan decisions on the bench, the JQC has recommended a substantial fine in addition to a public reprimand and even removal.”
Inquiry Concerning a Judge, re Angel, 867 So. 2d 379 (Fla. 2004). “1987) (approving public reprimand for violation of Canon 7 as well as section 105.071, Florida Statutes); In re Pratt, 508 So.”
— 105.071(2) — 1 case
Inquiry Concerning a Judge No. 18-386 Re: Ernest A. Kollra, 268 So. 3d 677 (Fla. 2019). “1 The JQC also explained that section 105.071, Florida Statutes, imposes certain limitations on political activity by candidates for judicial office, including prohibiting a candidate from " '[c]ampaign[ing] as a member of any political party,' or '[p]ublicly represent[ing] or…”
— 105.071(3) — 4 cases
Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III, 212 So. 3d 291 (Fla. 2017). “However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party.”
In Re Angel, 867 So. 2d 379 (Fla. 2004). “Certainly, in very egregious cases, where a judge's misconduct included implications that he or she would make partisan decisions on the bench, the JQC has recommended a substantial fine in addition to a public reprimand and even removal.”
Inquiry Concerning a Judge, re Angel, 867 So. 2d 379 (Fla. 2004). “1987) (approving public reprimand for violation of Canon 7 as well as section 105.071, Florida Statutes); In re Pratt, 508 So.”
Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III – Corrected Opinion (Fla. 2017). “However, we decline to rule on the constitutionality of section 105.071 or the provisions of the Code of Judicial Conduct that prohibit a candidate from publicly stating his or her affiliation with or support for a political party.”
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