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Florida Statute 100.061 - Full Text and Legal Analysis
Florida Statute 100.061 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
View Entire Chapter
100.061 Primary election.In each year in which a general election is held, a primary election for nomination of candidates of political parties shall be held on the Tuesday 11 weeks prior to the general election. The candidate receiving the highest number of votes cast in each contest in the primary election shall be declared nominated for such office. If two or more candidates receive an equal and highest number of votes for the same office, such candidates shall draw lots to determine which candidate is nominated.
History.s. 5, ch. 6469, 1913; RGS 303; CGL 359; s. 2, ch. 13761, 1929; s. 1, ch. 17897, 1937; s. 7, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 1, ch. 57-166; s. 1, ch. 59-4; s. 1, ch. 69-1745; s. 4, ch. 83-251; s. 11, ch. 2005-286; s. 22, ch. 2007-30; s. 20, ch. 2011-40; s. 3, ch. 2013-57; s. 6, ch. 2019-162.
Note.Former s. 102.05.

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Amendments to 100.061


Annotations, Discussions, Cases:

Cases Citing Statute 100.061

Total Results: 13  |  Sort by: Relevance  |  Newest First

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Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 27881, 1998 WL 758365

...The district court relied on testimony presented at the four-day bench trial in 1996 and testimony presented at the hearing held 1 Georgia is one of nine states with a majority vote requirement for primary elections. See Ala.Code § 17-16-36 (1995); Ark.Code Ann. § 7-7-102 (Michie 1993); Fla. Stat. Ann. § 100.061 (West 1982); O.C.G.A....
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Hall v. Strickland, 170 So. 2d 827 (Fla. 1964).

Cited 8 times | Published | Supreme Court of Florida

...f the incumbent every sixth year (when the incumbent runs on his record, so to speak) must be made at the appropriate "first state primary election." This election is held on the first Tuesday after the first Monday in May in general-election years. Section 100.061, Fla....
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Repub. State Exec. Comm. v. Graham, 388 So. 2d 556 (Fla. 1980).

Cited 4 times | Published | Supreme Court of Florida

...ndeed nominated. [1] § 97.021(18)(d), Fla. Stat. (1979). [2] See § 101.252(2), a parallel provision for the election of party executives, which is similarly directed solely at the administrative expense and convenience of the election process. [3] Section 100.061, Florida Statutes (1979), states that candidates who receive a majority of votes cast in the first primary election "shall be declared" nominated, and section 100.091(3) states that the candidate with the highest vote total in the second primary election "shall be declared" nominated....
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Potter v. Washington Cnty., Fla., 653 F. Supp. 121 (N.D. Fla. 1986).

Cited 4 times | Published | District Court, N.D. Florida | 1986 U.S. Dist. LEXIS 22895, 37 Educ. L. Rep. 1137

...Each qualified elector of the county is entitled to vote for one candidate from each district for which elections are being held that year. Ordinarily, the election of the county commissioners and school board members is determined by the political party primary elections. [§ 100.061, Fla.Stat....
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In Re Advisory Opinion of Gov. Request, 301 So. 2d 4 (Fla. 1974).

Cited 3 times | Published | Supreme Court of Florida

...The Legislature responded by enacting Florida Statute Section 105.021 which provides: "Judicial officers shall be elected on separate nonpartisan ballots at first and second nonpartisan elections. The first nonpartisan election shall be held at the time of the first primary election provided for by § 100.061....
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Green v. Mortham, 989 F. Supp. 1451 (M.D. Fla. 1998).

Cited 3 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 7814, 1998 WL 12666

...First primary elections are held on the Tuesday nine weeks prior to a November general election. The candidate who receives a majority of the votes in a party's Congressional primary election becomes that party's candidate in the general election. Fla.Stat.Ann. § 100.061 (West 1997)....
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Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

...Second, the district court considered evidence presented on the issue of whether the 1 Georgia is one of nine states with a majority vote requirement for primary elections. See Ala. Code § 17-16-36 (1995); Ark. Code Ann. § 7-7-102 (Michie 1993); Fla. Stat. Ann. § 100.061 (West 1982); O.C.G.A....
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Pub. Citizen, Inc. v. Zell Miller, 992 F.2d 1548 (11th Cir. 1993).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 13641

...52 A state's decision to interpret a plurality result as being inconclusive is not itself unconstitutional. Many states prescribe such an approach in primary elections (though states have always had greater autonomy in conducting primary elections). See, e.g., Ark.Code Ann. § 7-7-304 (1987); Fla.Stat. § 100.061 (1991); Ga.Code Ann....
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Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

Cited 1 times | Published | Supreme Court of Florida

Monday in November of each even-numbered year." Section 100.061, Florida Statutes (2018), states that "a primary
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Beller v. Adams, 235 So. 2d 502 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2760

such primaries of such parties therefor (F.S.Section 100.061, F.S.A.), and for printing the official ballot
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N.A.A.C.P. v. Gadsden Cnty. Sch. Bd., 589 F. Supp. 953 (N.D. Fla. 1984).

Published | District Court, N.D. Florida | 19 Educ. L. Rep. 524, 1984 U.S. Dist. LEXIS 18850

a majority, or where there is a tie vote. Section 100.061, Florida Statutes. The election of members
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Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Published | Supreme Court of Florida

Monday in November of each even-numbered year.” Section 100.061, Florida
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Baker v. State ex rel. Caldwell, 122 So. 2d 816 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida

nominating election only’; and, as made plain in Section 100.061, Florida Statutes 1951, F.S.A., ‘A first primary

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.