The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 99
CANDIDATES

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F.S. 99.021

99.021 Form of candidate oath.—

(1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that he or she is a candidate for the office of ; that he or she is a qualified elector of County, Florida; that he or she is qualified under the Constitution and the laws of Florida to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.

(Signature of candidate)

(Address of legal residence)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer administering oath)

2. Each candidate for federal office, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to office shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that he or she is a candidate for the office of ; that he or she is qualified under the Constitution and laws of the United States to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; and that he or she will support the Constitution of the United States.

(Signature of candidate)

(Address)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer administering oath)

(b) In addition, any person seeking to qualify for nomination as a candidate of any political party shall, at the time of subscribing to the oath or affirmation, state in writing:

1. The party of which the person is a member.

2. That the person has been a registered member of the political party for which he or she is seeking nomination as a candidate for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify.

3. That the person has paid the assessment levied against him or her, if any, as a candidate for said office by the executive committee of the party of which he or she is a member.

(c) In addition, any person seeking to qualify for office as a candidate with no party affiliation shall, at the time of subscribing to the oath or affirmation, state in writing that he or she is registered without any party affiliation and that he or she has not been a registered member of any political party for 365 days before the beginning of qualifying preceding the general election for which the person seeks to qualify.

(d) In addition, each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, shall, at the time of subscribing to the oath or affirmation, state in writing whether he or she owes any outstanding fines, fees, or penalties that cumulatively exceed $250 for any violations of s. 8, Art. II of the State Constitution; the Code of Ethics for Public Officers and Employees under part III of chapter 112; any local ethics ordinance governing standards of conduct and disclosure requirements; or chapter 106. If the candidate owes any outstanding fines, fees, or penalties exceeding the threshold amount specified in this paragraph, he or she must also specify the amount owed and each entity that levied such fine, fee, or penalty. For purposes of this paragraph, any such fines, fees, or penalties that have been paid in full at the time of subscribing to the oath or affirmation are not deemed to be outstanding.

(e) The officer before whom such person qualifies shall certify the name of such person to the supervisor of elections in each county affected by such candidacy so that the name of such person may be printed on the ballot. Each person seeking election as a write-in candidate shall subscribe to the oath prescribed in this section in order to be entitled to have write-in ballots cast for him or her counted.

(2) The provisions of subsection (1) relating to the oath required of candidates, and the form of oath prescribed, shall apply with equal force and effect to, and shall be the oath required of, a candidate for election to a political party executive committee office, as provided by law. The requirements set forth in this section shall also apply to any person filling a vacancy on a political party executive committee.

(3) This section does not apply to a person who seeks to qualify for election pursuant to ss. 103.021 and 103.101.

History.—ss. 22, 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch. 19663, 1939; s. 3, ch. 26870, 1951; s. 10, ch. 28156, 1953; s. 1, ch. 57-742; s. 1, ch. 61-128; s. 2, ch. 63-269; s. 1, ch. 63-66; s. 1, ch. 65-376; s. 1, ch. 67-149; s. 2, ch. 70-269; s. 19, ch. 71-355; s. 6, ch. 77-175; s. 3, ch. 79-365; s. 27, ch. 79-400; s. 2, ch. 81-105; s. 3, ch. 86-134; s. 535, ch. 95-147; s. 7, ch. 99-6; s. 8, ch. 99-318; s. 15, ch. 2007-30; s. 10, ch. 2008-95; s. 13, ch. 2011-40; s. 12, ch. 2021-11; s. 1, ch. 2023-46; s. 15, ch. 2023-120.

Note.—Former ss. 102.29, 102.30.

F.S. 99.021 on Google Scholar

F.S. 99.021 on Casetext

Amendments to 99.021

Arrestable Offenses / Crimes under Fla. Stat. 99.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 99.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. TORRENS, v. SHAW,, 257 So. 3d 168 (Fla. App. Ct. 2018)

. . . The candidate's oath required by s. 99.021, which must contain the name of the candidate as it is to . . . the office sought is partisan, the written statement of political party affiliation required by s. 99.021 . . .

WRIGHT, v. CITY OF MIAMI GARDENS,, 200 So. 3d 765 (Fla. 2016)

. . . The candidate’s oath required by s. 99.021, which must contain the name of the candidate as it is to . . . the office sought is partisan, the written statement of political party affiliation required by s. 99.021 . . .

S. LEWIS, v. CITY OF TAMPA,, 64 So. 3d 143 (Fla. Dist. Ct. App. 2011)

. . . : The resign-to-run requirement in section 99.012(7) of the Florida Statutes is enforced by section 99.021 . . . from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes.” § 99.021 . . .

GRIFFIN, v. UNITED STATES,, 96 Fed. Cl. 1 (Fed. Cl. 2010)

. . . Statute § 876.05-§ 876.10 requirement is still mandatory,” Compl. 14, “[djeclare that Florida Statute § 99.021 . . .

REPUBLICAN PARTY OF MIAMI- DADE COUNTY, v. DAVIS,, 18 So. 3d 1112 (Fla. Dist. Ct. App. 2009)

. . . case first requires us to harmonize two statutory provisions in the Florida Election Code: section 99.021 . . . All of the appellees filed their applications and section 99.021 statutory oath forms with the Miami-Dade . . . Section 99.021(l)(a)l. requires a candidate to execute a written oath that he or she complies with these . . . Nothing within section 99.021 purports to preclude a political party from imposing other requirements . . . That right does not excuse the candidates’ obligations to comply with sections 103.091(4) and 99.021, . . . . § 99.021, Fla. Stat. (2008). . . . Id. § 99.021. . . . The Attorney General explained that section 99.021, Florida Statutes, sets forth the required oath. . . . They failed to execute the statutory oath of section 99.021, Florida Statutes. . . . See § 99.021(2), Fla. Slat. (2008); supra pt. IV. . . . .

CITY OF TAMPA, v. S. LEWIS,, 993 So. 2d 1096 (Fla. Dist. Ct. App. 2008)

. . . . § 99.021(l)(a), Fla. Stat. (2006) (emphasis added). . Mr. . . .

S. BROWNING, v. YOUNG,, 993 So. 2d 64 (Fla. Dist. Ct. App. 2008)

. . . It is noteworthy that section 99.021, Florida Statutes (2007), describes in detail the proper method . . .

J. KELLY, a U. S. v. HARRIS,, 331 F.3d 817 (11th Cir. 2003)

. . . Attorney General Smith concluded § 99.021 did not authorize the Florida Democratic Party to require a . . .

U. S. TERM LIMITS, INC. v. THORNTON, 514 U.S. 779 (U.S. 1995)

. . . . §§97.041(2), 99.021(1)(a) (1991), who are currently in prison, see, e. g., Ill. Comp. Stat. . . .

N. BAKER, v. ALDERMAN,, 766 F. Supp. 1112 (M.D. Fla. 1991)

. . . ) The resign-to-run requirement in section 99.012(7) of the Florida Statutes is enforced by section 99.021 . . .

POLLY, I. III, v. G. NAVARRO, 457 So. 2d 1140 (Fla. Dist. Ct. App. 1984)

. . . Appellants contend that Navarro’s actions violate section 99.021(l)(b)2, Florida Statutes (1983), which . . . Section 99.021(l)(b), Florida Statutes (1983), provides: (b)In addition, any person seeking to qualify . . . Appellees suggest, however, that section 99.021(l)(b)2, Florida Statutes (1983), means that a nominee . . . different routes to the ballot and of stabilizing the political system, are clearly served by section 99.021 . . . , as a matter of law, appel-lee Navarro violated a valid and constitutional statute, to-wit section 99.021 . . .

W. W. INGHAM, Jr. v. N. KANEY,, 456 So. 2d 592 (Fla. Dist. Ct. App. 1984)

. . . In my view he has standing to enforce section 99.021(l)(b), Florida Statutes (1983), by filing this lawsuit . . . ineligible to seek the Republican party nomination for sheriff because he was in “violation” of Section 99.021 . . .

A. PLANTE, v. A. SMATHERS,, 372 So. 2d 933 (Fla. 1979)

. . . financial interest and qualification papers, has subscribed to the candidate’s oath as required by s. 99.021 . . .

W. McGILL, v. GADSDEN COUNTY COMMISSION CAMPBELL, v. GADSDEN COUNTY SCHOOL BOARD, 535 F.2d 277 (5th Cir. 1976)

. . . . § 99.021 requires every candidate for office to be a qualified elector of the State. . . .

WILSON, v. O D. ASKEW,, 352 F. Supp. 227 (M.D. Fla. 1972)

. . . with the department of state, pay his filing fee, and take and subscribe to the oath provided in § 99.021 . . .

FOWLER v. ADAMS, SECRETARY OF STATE OF FLORIDA, 400 U.S. 1205 (U.S. 1970)

. . . . §§ 99.021 and 99.092. . . .

V. FOWLER, v. ADAMS,, 315 F. Supp. 592 (M.D. Fla. 1970)

. . . The statutes under attack are Sections 99.021 and 99.092, Florida Statutes, F.S.A. . . . declaration of party loyalty and affiliation and payment of a 5% filing fee pursuant to F.S.A., Sections 99.021 . . .

WETHERINGTON, v. O. ADAMS,, 309 F. Supp. 318 (N.D. Fla. 1970)

. . . . §§ 99.021, 99.-061, 99.092 and 103.121 (1967), F.S.A. . . .

DRIVER, C. W. Jr. v. ADAMS,, 196 So. 2d 916 (Fla. 1967)

. . . Section 99.021(1), Florida Statutes, F.S.A., has been in existence for a number of years, yet petitioners . . . validity of various provisions of Florida’s so-called “political party loyalty oath” prescribed by Section 99.021 . . .

FAIR, v. DEKLE, F., 367 F.2d 377 (5th Cir. 1966)

. . . . § 99.021(1)) requires any candidate in a primary election to swear a party loyalty oath (1) that in . . .

FRANKS v. ADAMS,, 26 Fla. Supp. 207 (Leon Cty. Cir. Ct. 1966)

. . . ground (alleged upon information and belief) that he violated the party loyalty oath prescribed by §99.021 . . .

CITY OF MIAMI BEACH, a v. J. RICHARD,, 173 So. 2d 480 (Fla. Dist. Ct. App. 1965)

. . . than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021 . . .

STATE FAIR, v. ADAMS,, 139 So. 2d 879 (Fla. 1962)

. . . However, Article XVI, Section 15 of the Constitution of the State of Florida, F.S.A., and Section 99.021 . . . constitutional prohibition against holding multiple offices in the government of this state, Section 99.021 . . . This construction of Section 99.021(1) (f), Florida Statutes, F.S.A., disposes of relator’s contention . . . than the one he is currently holding because he can make a truthful oath as required of him by Section 99.021 . . . When an elector decides to become a candidate and takes the oath prescribed by Section 99.021(1) (f), . . .

J. BODNER, v. A. GRAY, W., 129 So. 2d 419 (Fla. 1961)

. . . Petersen, Fla.1960, 118 So.2d 539, where we were confronted with an attack upon the constitutionality of 99.021 . . .

PLATT, v. LANIER, 127 So. 2d 912 (Fla. Dist. Ct. App. 1961)

. . . required to take the party loyalty oath prescribed for “candidates” for party office under section 99.021 . . . defendant that the court’s limiting of the application of the candidate’s oath contained in section 99.021 . . . forth in section 103.111(3) and not by also requiring an oath prescribed for candidates in section 99.021 . . . Section 99.021 requires that every candidate for nomination to any office shall be required to swear . . . Nothing is said at all about appointees in section 99.021 or in any other part of chapter 99 relating . . .

LANIER, v. UPTHEGROVE, 16 Fla. Supp. 65 (Palm Beach Cty. Cir. Ct. 1960)

. . . their failure to take the party loyalty oath required of “candidates” for party office under section 99.021 . . . The court finds that plaintiffs were not “candidates” for office within the provisions of section 99.021 . . .

E. J. CROWELLS, v. C. PETERSEN, 118 So. 2d 539 (Fla. 1960)

. . . . § 99.021, F.S.A. requiring every candidate for nomination to any office to take and subscribe to an . . .

COLES v. ROBB, 69 So. 2d 322 (Fla. 1954)

. . . Section 99.021, Florida Statutes 1953 and F.S.A. . . .

RAY, CHAIRMAN OF THE STATE DEMOCRATIC EXECUTIVE COMMITTEE OF ALABAMA, v. BLAIR, 343 U.S. 214 (U.S. 1952)

. . . (Harrison, 1943) § 99.021 (pkt. pt.); Fla. Laws 1951, c. 26870, § 99.021, amending 7 Fla. Stat. . . .