Florida Statute 105.071 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 105
NONPARTISAN ELECTIONS

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F.S. 105.071

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.

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Amendments to 105.071

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 105.071

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

S105.071 - ELECTION LAWS - REPEALED 1999 (SBO756) CH 99-326 - M: F

Cases Citing Statute 105.071

Total Results: 11

Hon. Gary G. Graham and Christopher Litras v. Robert A. Butterworth, Bradley E. King

5 F.3d 496, 1993 U.S. App. LEXIS 27581, 1993 WL 398469

Court of Appeals for the Eleventh Circuit | Filed: Oct 25, 1993 | Docket: 1034651

Cited 30 times | Published

Graham of violating Florida Statute § 105.071(11). Florida Statute § 105.071(11) reads: “A candidate for judicial

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

nonpartisan judicial office or candidate.”); Id. § 105.071 (listing limitations on partisan political activities

In Re Angel

867 So. 2d 379, 2004 WL 306073

Supreme Court of Florida | Filed: Feb 19, 2004 | Docket: 1722581

Cited 11 times | Published

campaign, on or about June 29, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(1)(d) and

In Re Kay

508 So. 2d 329, 12 Fla. L. Weekly 283

Supreme Court of Florida | Filed: Jun 4, 1987 | Docket: 1152831

Cited 9 times | Published

of the Code of Judicial Conduct, as well as section 105.071, Florida Statutes (1985).[*] The Commission

Zeller v. the Florida Bar

909 F. Supp. 1518, 1995 WL 736483

District Court, N.D. Florida | Filed: Jun 16, 1995 | Docket: 1067768

Cited 8 times | Published

participating in partisan political activity, Fla.Stat. § 105.071 (1993); Florida Code of Judicial Conduct Canons

In Re Inquiry Concerning a Judge Pratt

508 So. 2d 8, 12 Fla. L. Weekly 282, 1987 Fla. LEXIS 1928

Supreme Court of Florida | Filed: Jun 4, 1987 | Docket: 1648936

Cited 7 times | Published

misleading, or deceptive statement); as well as section 105.071, Florida Statutes (1985).[2] *10 The Commission

Concerned Democrats of Florida v. Reno

458 F. Supp. 60, 1978 U.S. Dist. LEXIS 15681

District Court, S.D. Florida | Filed: Sep 6, 1978 | Docket: 1489541

Cited 7 times | Published

groups. However, by the operation of Fla. Stat. § 105.071[4], the candidate himself would still be prohibited

Inquiry Concerning a Judge No. 18-386 Re: Ernest A. Kollra

268 So. 3d 677

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958308

Published

of the Code of Judicial Conduct, as well as section 105.071 of the Florida Statutes"). We also agree that

Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III – Corrected Opinion

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615972

Published

applicable Canons of Judicial Conduct); and section 105.071(3), Florida Statutes (2011) (candidate for

Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III

212 So. 3d 291, 42 Fla. L. Weekly Fed. S 272, 2017 WL 822184, 2017 Fla. LEXIS 423

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612628

Published

applicable Canons of Judicial Conduct); and section 105.071(3), Florida Statutes (2011) (candidate for

Inquiry Concerning a Judge, re Angel

867 So. 2d 379, 29 Fla. L. Weekly Supp. 87, 2004 Fla. LEXIS 228

Supreme Court of Florida | Filed: Feb 19, 2004 | Docket: 64828591

Published

campaign, on or about June 29, 2002, in violation of § 105.071(1), Florida Statutes, and Canon 7A.(l)(d) and