Code Section
Florida > The Florida Election Code > Nonpartisan Elections

§ 105.061 Electors qualified to vote.

Overview of Statute

This statute governs who is qualified to vote in a nonpartisan election. In elections for judicial office or for retention, all qualified voters in the territorial jurisdiction of the court in question are eligible to vote for candidates for judicial office in that court or for or against retention. In school board elections, the members are elected by qualified voters as laid out in chapter 1001.


(1) Each qualified elector of the territorial jurisdiction of a court shall be eligible to vote for a candidate for each judicial office of such court or, in the case of a justice or a judge seeking retention, for or against retention of such justice or judge.

(2) The election of members of a school board shall be by vote of the qualified electors as prescribed in chapter 1001.


s. 6, ch. 71-49; s. 38, ch. 77-175; s. 6, ch. 99-326; s. 5, ch. 99-355; s. 887, ch. 2002-387.

Definition [Judicial Office]

Includes the office of:

(a) Justice of the Supreme Court.

(b) Judge of a district court of appeal.

(c) Judge of a circuit court.

(d) County court judge.

A judicial office is a nonpartisan office, and a candidate for election or retention thereto is prohibited from campaigning or qualifying for such an office based on party affiliation. Fla. Stat. § 105.011(2).

Definition [Elector]

“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Definition [Candidate]

Any person to whom any one or more of the following applies:

(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) Any person who files qualification papers and subscribes to a candidate’s oath as required by law.
This definition does not include any candidate for a political party executive committee. Fla. Stat. § 97.021(6).


Florida Cases

Out-of-State Cases

Federal Cases

Case Name: Davis v. Chiles

Citation: 139 F.3d 1414

Federal Circuit Court: 11th Circuit Court

Year: 1998

Case URL:

Case Summary: Davis v. Chiles held that plaintiffs failed to make a prima facie case under the applicable law regarding the system of selecting judges in two at-large judicial election districts, because they failed to propose a permissible remedy.

Additional Resources

Further Reading

  • “Voting Rights: Vote Dilution Davis v. Chiles 139 F.3d 1414 (11th Cir. 1998)” 28 Stetson L. Rev. 959