THE BILL ITSELF
HB 597
Special Elections
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A bill to be entitled
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An act relating to special elections; amending s.
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100.111, F.S.; revising the timeframe during which a
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vacancy that occurs in an elective office must be
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filled by candidates qualifying within the timeframes
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provided by general law; requiring, rather than
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authorizing, the Governor to call a special primary
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election and a special election under a certain
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circumstance; requiring the Governor to fix the dates
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of a special election within a specified timeframe
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after the vacancy occurs; requiring the Governor to
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consult with the Secretary of State and the applicable
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supervisor of elections before setting the special
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election dates; requiring that such dates be the
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earliest dates feasible; revising and providing
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timeframes for special primary elections and special
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elections under certain circumstances; authorizing
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qualified electors to file a petition in the circuit
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court seeking judicial determination of an election
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date under specified conditions; providing that, under
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specified circumstances, the court has the authority
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to fix and declare the dates for a special election;
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requiring the courts to expedite such proceedings;
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providing exceptions to the timeframes to hold a
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special election; deleting the authority of the
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Governor, the President of the Senate, and the Speaker
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of the House of Representatives to waive specified
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timeframes if all parties concur; requiring the
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Governor to fix dates to coincide with an already
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scheduled election; requiring that special elections
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to fill certain vacancies be held no later than the
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election for which a resigning officer seeks to
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qualify; providing that certain persons are deemed
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elected under specified circumstances; making
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technical changes; amending s. 100.141, F.S.;
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requiring the Governor to consult with certain
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supervisors of election, in addition to the Secretary
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of State, before issuing an order declaring the date
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of a special election; requiring that such order be
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issued within a specified timeframe after the
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occurrence of a vacancy; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1) and (2) of section 100.111,
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Florida Statutes, are amended to read:
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100.111 Filling vacancy.—
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(1)(a) If any vacancy occurs in any office which is
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required to be filled pursuant to s. 1(f), Art. IV of the State
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Constitution and the remainder of the term of such office is 28
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months or longer, then at the next general election a person
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must shall be elected to fill the unexpired portion of such
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term, commencing on the first Tuesday after the first Monday
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following such general election.
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(b) If such a vacancy occurs before prior to the ninth day
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before the first day set by law for qualifying for election to
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office at such general election, any person seeking nomination
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or election to the unexpired portion of the term must shall
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qualify within the time prescribed by law for qualifying for
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other offices to be filled by election at such general election.
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(c) If such a vacancy occurs before prior to the primary
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election but on or after the ninth day before the first day set
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by law for qualifying, the Secretary of State must shall set
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dates for qualifying for the unexpired portion of the term of
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such office. Any person seeking nomination or election to the
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unexpired portion of the term must shall qualify within the time
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set by the Secretary of State. If time does not permit party
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nominations to be made in conjunction with the primary election,
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the Governor must may call a special primary election to select
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party nominees for the unexpired portion of such term and, if
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necessary, a special election.
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(2) Whenever there is a vacancy for which a special
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election is required pursuant to s. 100.101, the Governor, after
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consultation with the Secretary of State, shall fix the dates of
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a special primary election and a special election within 14 days
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after the vacancy occurs. Nominees of political parties shall be
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chosen under the primary laws of this state in the special
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primary election to become candidates in the special election.
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(a) Before Prior to setting the special election dates,
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the Governor shall consult with the Secretary of State and the
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supervisor of elections consider any upcoming elections in the
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jurisdiction where the special election will be held. The dates
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fixed by the Governor must shall be the earliest dates feasible,
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must be specific days certain, and may shall not be established
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by the happening of a condition or stated in the alternative.
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The dates fixed must shall provide a minimum of 8 2 weeks
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between each election, but no more than 12 weeks. If a vacancy
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occurs in the office of state senator or member of the House of
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Representatives less than 126 days before the first day of the
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regular legislative session, the Governor must, within 5 days
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after the occurrence of the vacancy, fix the dates of a special
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primary election and a special election to fill the vacancy. The
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dates set by the Governor must provide for at least 2 weeks
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between the special primary election and the special election
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and must ensure that both elections are held before the first
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day of the regular legislative session to prevent a lapse in
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representation.
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1. If the Governor fails to issue an order setting the
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dates of the special primary election and special election
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within the days prescribed in this subsection, any qualified
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elector residing within the affected district may file a
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petition in the circuit court having jurisdiction seeking
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judicial determination of such election dates.
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2. Upon finding that the Governor has failed to comply
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with this subsection, the circuit court shall have the authority
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to fix and declare the earliest feasible and lawful dates for
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the special primary election and special election, consistent
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with the requirements of this chapter and the Florida Election
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Code.
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3. The court shall expedite consideration of any petition
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filed under this subsection to ensure the timely filling of the
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vacancy and to safeguard the right of representation for voters
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within the affected district.
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(b) The special election must be held no later than 126
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days after the vacancy occurs, except in the following cases:
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1. If a supervisor where the special election will be held
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certifies that holding the special election within the required
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time period would conflict with scheduled elections and impose
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an undue hardship on the orderly administration of elections,
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the special election must be held no later than 175 days after
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the vacancy occurs.
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2. In the event a vacancy occurs in the office of state
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senator or member of the House of Representatives when the
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Legislature is in regular legislative session, the minimum times
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prescribed by this subsection may be waived upon concurrence of
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the Governor, the Speaker of the House of Representatives, and
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the President of the Senate. If a vacancy occurs in the office
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of state senator and no session of the Legislature is scheduled
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to be held prior to the next general election, the Governor may
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fix the dates for the special primary election and for the
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special election to coincide with the dates of the primary
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election and general election.
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3. If a vacancy in office occurs in any district in the
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state Senate or House of Representatives or in any congressional
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district, and no session of the Legislature, or session of
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Congress if the vacancy is in a congressional district, is
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scheduled to be held during the unexpired portion of the term,
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the Governor is not required to call a special election to fill
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such vacancy.
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(c) If possible, the Governor must fix dates to coincide
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with scheduled elections where the special election will be
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held. A special election held to fill a vacancy caused by a
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resignation submitted pursuant to s. 99.012 must be held no
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later than the election for which the resigning officer seeks to
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qualify.
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(d)(a) The dates for candidates to qualify in such special
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election or special primary election must shall be fixed by the
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Department of State, and candidates must shall qualify no not
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later than noon of the last day so fixed. The dates fixed for
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qualifying must shall allow a minimum of 14 days between the
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last day of qualifying and the special primary election.
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(e)(b) The filing of campaign expense statements by
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candidates in such special elections or special primaries and by
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committees making contributions or expenditures to influence the
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results of such special primaries or special elections may shall
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be not be later than such dates as shall be fixed by the
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Department of State, and in fixing such dates the Department of
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State shall take into consideration and be governed by the
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practical time limitations.
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(f)(c) The dates for a candidate to qualify by the
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petition process pursuant to s. 99.095 in such special primary
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or special election shall be fixed by the Department of State.
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In fixing such dates the Department of State shall take into
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consideration and be governed by the practical time limitations.
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Any candidate seeking to qualify by the petition process in a
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special primary election must shall obtain 25 percent of the
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signatures required by s. 99.095.
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(g)(d) The qualifying fees and party assessments of such
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candidates as may qualify must shall be the same as collected
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for the same office at the last previous primary for that
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office. The party assessment must shall be paid to the
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appropriate executive committee of the political party to which
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the candidate belongs.
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(h)(e) Each county canvassing board shall make as speedy a
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return of the result of such special primary elections and
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special elections as time will permit, and the Elections
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Canvassing Commission likewise shall make as speedy a canvass
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and declaration of the nominees as time will permit.
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(i) If only one candidate qualifies in a special election,
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he or she is deemed elected on the last day of the qualifying
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period. If the winner of a special primary election does not
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have opposition in the special election, he or she is deemed
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elected at the special primary election. In either case, the
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person elected takes office upon election or upon the office
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becoming vacant, whichever occurs later.
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Section 2. Subsection (1) of section 100.141, Florida
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Statutes, is amended to read:
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100.141 Notice of special election to fill any vacancy in
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office.—
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(1) Whenever a special election is required to fill any
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vacancy in office, the Governor, after consultation with the
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Secretary of State and the supervisor of elections of any
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affected county, shall issue an order declaring on what day the
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election shall be held and deliver the order to the Department
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of State. The Governor shall issue the order within 14 days
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after the occurrence of the vacancy or, for vacancies arising
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due to a resignation pursuant to s. 99.012, within 14 days after
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the written resignation is submitted to the Governor, whichever
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is sooner.
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Section 3. This act shall take effect July 1, 2026.