§ 101.252 Candidates entitled to have names printed on certain ballots; exception.
Overview of Statute
(1) Any candidate for nomination who has qualified as prescribed by law is entitled to have his or her name printed on the official primary election ballot. However, when there is only one candidate of any political party qualified for an office, the name of the candidate shall not be printed on the primary election ballot, and such candidate shall be declared nominated for the office.
s. 27, ch. 6469, 1913; RGS 331; CGL 388; s. 3, ch. 26870, 1951; s. 1, ch. 63-99; s. 5, ch. 65-378; s. 16, ch. 77-175; s. 21, ch. 89-338; s. 561, ch. 95-147; s. 15, ch. 2005-286.
1. Definition for Primary Election
An election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office. Fla. Stat. § 97.021(29).
2. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
3. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
4. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Republican State Executive Committee v. Graham
Citation: 388 So.2d 556
Case Summary: Republican State Executive Committee v. Graham held that the statute governing candidates for nomination who were entitled to have their names printed on the official primary ballot clearly stated that if there was only one candidate, that candidate was automatically nominated for office. Further, the Governor had a legal duty to call for a special primary when the sole qualifier for a legislative seat withdrew from the race.
Case Name: In re Advisory Opinion to Governor Request of Aug. 28, 1980
Citation: 388 So.2d 554
Case Summary: In re Advisory Opinion to Governor Request of Aug. 28, 1980 held that it did not construe a request to render an advisory opinion interpreting the Florida Constitution regarding responsibilities under the statutory provisions referred to in the request to involve the interpretation of any portion of the constitution.
Case Name: State ex rel. Shevin v. Stone
Citation: 279 So.2d 17
Case Summary: State ex rel. Shevin v. Stone held that the respondent candidates satisfied the resign to run statute and that the state attorney general's grounds for issuance of a writ of mandamus requesting the secretary of state to remove their names from the ballot failed.
Fla. Jur. 2d Elections s 78, Generally
Fla. Jur. 2d Elections s 130, Primary election ballots
Fla. Jur. 2d Elections s 189, Generally; vote necessary to constitute choice
Construction and application of statutes relating to filling vacancies in nominations for election to public office, 143 A.L.R. 996
“Candidate-Making and the Constitution: Constitutional Restraints on and Protections of Party Nominating Methods” 57 S. Cal. L. Rev. 213