Florida Statute 100.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS

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100.101 Special elections and special primary elections.—A special election or special primary election shall be held in the following cases:

(1) If no person has been elected at a general election to fill an office which was required to be filled by election at such general election.

(2) If a vacancy occurs in the office of state senator or member of the state house of representatives.

(3) If it is necessary to elect presidential electors, by reason of the offices of President and Vice President both having become vacant.

(4) If a vacancy occurs in the office of member from Florida of the House of Representatives of Congress.

History.—s. 4, ch. 3879, 1889; RS 158; s. 5, ch. 4328, 1895; GS 175; RGS 219; CGL 254; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 3, ch. 83-15; s. 19, ch. 2005-277; s. 21, ch. 2011-40.

Note.—Former s. 98.08.

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Amendments to 100.101

Annotations, Discussions, Cases:

Cases Citing Statute 100.101

Total Results: 5 | Sort by: Relevance | Newest First

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In re Senate Jt. Resolution of Legislative Apportionment 1176, 83 So. 3d 597 (Fla. 2012).

Cited 10 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

was first elected in a special election. See § 100.101, Fla. Stat. (2011) (providing that a special election

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Jud. Nominating Com'n, Etc. v. Graham, 424 So. 2d 10 (Fla. 1982).

Cited 9 times | Published | Supreme Court of Florida

...In re Advisory Opinion to the Governor, 301 So.2d 4 (Fla. 1974). Statutory provisions pertaining to judicial elections are codified in chapter 105, Florida Statutes (1981). There is no provision in that chapter authorizing special elections of judges. Special elections are provided for only by section 100.101, Florida Statutes (1981), which provides: A special election or special primary election shall be held in the following cases: (1) If no person has been elected at a general election to fill an office which was required to be filled by election at such general election....

...both having become vacant. (4) If a vacancy occurs in the office of member of the House of Representatives of Congress from Florida. (5) If a vacancy occurs in nomination. It is clear that this statute does not envision special elections for judges. Section 100.101 should be considered as in pari materia with section 100.141, which the governor and the secretary of state assert grants them the authority to hold special elections in this case....

...The special election would have to be held on some other day causing additional expenses. Then there will be questions as to who will bear the additional expenses. The state is required to reimburse the counties for the expenses of special elections held pursuant to section 100.101....

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Gong v. Bryant, 230 F. Supp. 917 (S.D. Fla. 1964).

Published | District Court, S.D. Florida | 1964 U.S. Dist. LEXIS 7008

for special primaries in Florida. Although section 100.101 provides special elections, it would seem to

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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

filled only by election as provided by law." Section 100.101, F.S., provides that "Special elections shall

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Jud. Nominating Comm'n, Ninth Circuit v. Graham, 424 So. 2d 10 (Fla. 1982).

Published | Supreme Court of Florida | 1982 Fla. LEXIS 2615

Special elections are provided for only by section 100.101, Florida Statutes (1981), which provides: A

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