CRC - 2017                                           CS for P 62
       
       
        
       By the Committee on Ethics and Elections; and Commissioner
       Schifino
       
       320-00235-17                                            201762c1
    1                         A proposal to amend                       
    2         Section 5 of Article VI of the State Constitution to
    3         authorize all electors qualified to vote for an office
    4         being filled by election to vote in a primary
    5         election, regardless of the elector’s party
    6         affiliation, and to prescribe the method of election
    7         for specified local, county, state, and federal
    8         offices.
    9          
   10  Be It Proposed by the Constitution Revision Commission of
   11  Florida:
   12  
   13         Section 5 of Article VI of the State Constitution is
   14  amended to read:
   15                             ARTICLE VI                            
   16                       SUFFRAGE AND ELECTIONS                      
   17         SECTION 5. Primary, general, and special elections.—
   18         (a) A general election shall be held in each county on the
   19  first Tuesday after the first Monday in November of each even
   20  numbered year to choose a successor to each elective state and
   21  county officer whose term will expire before the next general
   22  election and, except as provided herein, to fill each vacancy in
   23  elective office for the unexpired portion of the term. A general
   24  election may be suspended or delayed due to a state of emergency
   25  or impending emergency pursuant to general law. Special
   26  elections and referenda shall be held as provided by law.
   27         (b) This subsection shall govern all primary elections for
   28  all federal, state, county, and local elective offices except
   29  for those races in which no party affiliation, registration, or
   30  preference appears on the ballot as provided by law; and the
   31  system for selection of President and Vice President of the
   32  United States.
   33         (1) All electors qualified to vote for the office being
   34  filled shall be allowed to vote in the primary election
   35  regardless of the voter’s affiliation or lack of affiliation
   36  with a political party and regardless of the candidate’s
   37  nomination by, or affiliation with, a political party.
   38         (2) All candidates for an office shall be listed on a
   39  single primary ballot regardless of their nomination by, or
   40  affiliation with, a political party. Only the two candidates
   41  receiving the greatest numbers of votes cast in the primary
   42  election shall advance to the general election and appear on
   43  that ballot; no other candidate shall appear on the general
   44  election ballot.
   45         (3) If more than one candidate is to be elected to an
   46  office, the number of candidates advancing to the general
   47  election shall be twice the number to be elected, with said
   48  candidates receiving the greatest number of votes.
   49         (4) Should only two candidates qualify for the same office,
   50  no primary election will be held and the winner will be
   51  determined in the general election.
   52         (5) Candidates nominated, endorsed, or otherwise selected
   53  by a political party to run in the primary election may have
   54  such nomination, endorsement, or selection indicated on the
   55  ballot in a manner provided by law.
   56         (6) A candidate that is not nominated, endorsed, or
   57  otherwise selected by a political party to run in the primary
   58  election may have their political party preference, or lack of a
   59  political party preference, indicated upon the ballot in a
   60  manner provided by law. Designation of a party preference by a
   61  candidate under this paragraph shall not constitute or imply the
   62  nomination, endorsement, or selection of the candidate by the
   63  political party designated.
   64         (7) Nothing in this subsection shall be interpreted to
   65  prohibit a political party or a party central committee from
   66  nominating, endorsing, supporting, or opposing any candidate.
   67         (8) No state funds shall be used to pay for the
   68  administration of an election unless all qualified voters
   69  regardless of party preference or affiliation are allowed to
   70  vote for any candidate who appears on the ballot.
   71         (9) This subsection is effective upon adoption by the
   72  voters and is self-executing If all candidates for an office
   73  have the same party affiliation and the winner will have no
   74  opposition in the general election, all qualified electors,
   75  regardless of party affiliation, may vote in the primary
   76  elections for that office.