§ 101.021 Elector to vote the primary ballot of the political party in which he or she is registered.
Overview of Statute
Statute
In a primary election a qualified elector is entitled to vote the official primary election ballot of the political party designated in the elector’s registration, and no other. It is unlawful for any elector to vote in a primary for any candidate running for nomination from a party other than that in which such elector is registered.
History:
s. 41, ch. 6469, 1913; RGS 345; CGL 402; s. 5, ch. 26870, 1951; s. 21, ch. 28156, 1953; s. 13, ch. 77-175; s. 552, ch. 95-147.
- Cross-References:
- Election Day
Florida is generally a closed primary state. However, the 1998 Constitution Revision Commission proposed and the voters adopted a provision which provides that if all candidates for an office are from the same party and there is no general election opposition, all voters, regardless of party affiliation, are allowed to vote for that office in the primary election. These races are called universal primary contests.
The Division of Elections issued an advisory opinion (DE 00-06) that if a write-in candidate has qualified, that constitutes general election opposition and the primary will be closed.
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 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).
4. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
5. Definition for Candidate
Any person to whom any one or more of the following applies:
Cases
Florida Cases
Case Name: Chalifoux v. Sanchez
Citation: 991 So.2d 432
Case URL: https://www.ravellaw.com/opinions/bca44ca1fb5184fae2ff97763b2cff09?query=991%20S[...]
Case Summary: Chalifoux v. Sanchez held that someone not registered as a Republican could enforce Florida's resign-to-run against a Republican.
Out-of-State Cases
Federal Cases
Case Name: Clingman v. Beaver
Citation: 544 U.S. 581
Federal District Court: Eastern District of Virginia
Year: 2005
Case URL: https://www.ravellaw.com/opinions/cd04f083373267dfcc9a76f9568b11b5
Case Summary: Clingman v. Beaver held that Oklahoma's semi-closed primary system (which allowed members of the specified party and Independents to vote) minimally burdened associational rights, and that minimal burden was justified by the state's regulatory interests.
Case Name: Green v. Mortham
Citation: 989 F. Supp. 1451
Federal District Court: Middle District of Florida
Year: 1998
Case URL: https://www.ravellaw.com/opinions/bb533853153c11dd2197c30be0c1ed11?query=989%20F[...]
Case Summary: Green v. Mortham held that Florida's ballot access requirements were reasonable and did not unduly burden plaintiff's constitutional rights.
Case Name: Tashjian v. Republican Party of Connecticut
Citation: 479 U.S. 208
Federal District Court: Eastern District of Virginia
Year: 1986
Case URL: https://www.ravellaw.com/opinions/e59eaf3c569fc305d54bc0ec33399669?query=Tashjia[...]
Case Summary: Tashjian v. Republican Party held that the Connecticut law mandating closed primaries substantially interfered with the Republican Party's 1st Amendment right to define its associational boundaries, and that the state's interests were not enough to overcome the burden on the Party.
Regulations & Guidance
Additional Resources
Further Reading
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Fla. Jur. 2d Elections s 75, Members-Qualification to participate in party primaries