CopyCited 61 times | Published | Supreme Court of Florida
...Hopefully, this special election would create interest in the voting populace because it was a special presidential primary election in which a popular homestead amendment giving tax relief would also be considered. The substance of the amendment to be placed on the ballot (section 101.151, Florida Statutes), was as follows: "An amendment to the State Constitution to modify the jurisdiction of the Supreme Court." Justices of the Court and others attempted to explain the contents of the proposed amendment to the public, and there were many discussions....
CopyCited 14 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 23448, 2002 WL 31740366
...If an election is uncontestedthat is, if there is only one candidate whose name would appear on the ballot and no write-in candidates have qualifiedthe race does not even appear on the ballot; the single candidate is deemed to have prevailed. See Fla. Stat. § 101.151(7) (2001)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111
....698). Section
101.051 outlines the procedures to handle electors' requests for assistance with ballots. Section
101.111 sets forth the procedures to challenge a person's right to vote. Section
101.131 provides directives for poll watchers' conduct. Section
101.151 provides instructions regarding the content and style of ballots....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1999 WL 123532
...s only to subsection (3) of section
403.0893, and not to subsections (1) and (2). Nikolits is distinguishable since it deals with language included in one section of a statute (section 101.141, Florida Statutes) that is omitted from another section (section
101.151, Florida Statutes) and not with the wording of two subsections of the same statutory section....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 637447
...the incumbent's name." However, the specifications for the general election ballot, which parallel the primary ballot specifications in most respects, contain no authorization for the designation of "incumbent" on the ballot under any circumstance. § 101.151, Fla....
...on. The oral rulings were incorporated by reference in the temporary injunction. As we concur in the trial court's reasoning, we set forth the oral ruling: Historically, the legislature has indicated its obvious recognition that Statutes 101.141 and 101.151 are a part of the same statutory scheme; and they have been amended and revised repeatedly over the years together....
...of The Florida Statutes, and included in that amendment the express provision that allowed the word, "incumbent," to be printed next to an incumbent's name in a primary election. The legislature chose not to make that same amendment with respect to Section 101.151, dealing with general elections....
...If you examine the further revisions to these statutes in 1973: Chapter 73-333, The Laws of Florida; Chapter 77-101 of The Laws of Florida; Chapter 77-175 of The Laws of Florida; Chapter 79-400 of The Laws of Florida; and Chapter 89-338 of The Laws of Florida; the legislature again amended both 101.141 and 101.151 in the same statutes at the same time....
...r section of the same act, it should not be implied where it is excluded. This is one statutory scheme, and it appears to me that the legislature understands how to amend the statutes, both of them, when it chooses to do so. And the failure to amend Section 101.151 was an indication that the same right or remedy or discretion, relative to the Supervisor of Elections and the use of the word "incumbent," was not intended to be used during the general election....
...state agency to which deference of this Court should be given, in the same sense as a formal opinion of a legislative executive branch interpreting [the application of] the statute. Also I note whatever discretion is authorized under Subsection 8 of 101.151, [1] those criteria were not met here....
...We disagree with the Assistant General Counsel that the ballot statutes are directory only. Moreover, even if they are directory only, it is the department, and not every Supervisor of Elections in each of the 67 counties of the state, which may prescribe additional matter or forms of ballots. See §
101.151(8). The opinion of the Assistant General Counsel that discretion is left to the individual supervisor of elections regarding language which may appear on a ballot is contrary to section
101.151(8) and to achieving uniformity in interpretation and operation of the election laws. See §
97.012(1), Fla. Stat. (1995). For the foregoing reasons, we affirm the temporary injunction entered by the trial court. GLICKSTEIN and POLEN, JJ., concur. NOTES [1] Section
101.151(8) provides: Should the above directions for complete preparation of the ballot be insufficient, the Department of State shall determine and prescribe any additional matter or form....
CopyCited 4 times | Published | Supreme Court of Florida
...On October 30, 1978, we denied relief but reserved jurisdiction to enter a full opinion on the issue presented. In the congressional race in issue in these proceedings, only one candidate, William Lehman, qualified, and his name was not on the ballot because he was unopposed. See § 101.151(6), Fla....
...of the election of their desire to be a candidate. If the candidate was qualified, a blank space would appear on the ballot underneath the names of any other candidates for the office. This procedure was described in Sections 99.023, 101.011(2), and 101.151(5)(a), (b), Florida Statutes *429 (1975), and was approved by this Court in Pasco v....
...olates Article VI, Section 1, of the Florida Constitution. We also hold that Sections 13 and 66 of Chapter 77-175, Laws of Florida, are invalid only to the extent they repeal the writein voting procedure contained in Sections 99.023, 101.011(2), and 101.151(5)(a), (b), Florida Statutes (1975)....
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235, 2016 WL 454041
...candidates, whether write-in candidates or party-supported candidates,
“the candidate [is deemed] to have voted for himself or herself” and
thus “the names of [the] unopposed candidates shall not appear on the
general election ballot.” Fla. Stat. § 101.151(7)....
CopyCited 1 times | Published | Supreme Court of Florida
...97.012(1), Fla. Stat. (2018). The Florida Election Code generally contemplates partisan elections. 4 In other words, candidates nominated by political parties in the primary election are to appear on the general election ballot for most offices. See § 101.151(2)(c), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Laws 871 (originally codified at Fla. Stat. §
101.151(4) (1951)). The statute requires the candidate
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 11, 2024
second.” Id. at 1242 (citing Fla. Stat. §
101.151(3)(a)). The plaintiffs argued that this arrangement
CopyPublished | Supreme Court of Florida
...laws.” §
97.012(1), Fla. Stat. (2018).
The Florida Election Code generally contemplates partisan elections. 6 In
other words, candidates nominated by political parties in the primary election are
to appear on the general election ballot for most offices. See §
101.151(2)(c), Fla.
Stat....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
and circuit judges as such state officers. Section
101.151(3)(a), F.S., requires the names of candidates
CopyPublished | Court of Appeals for the Eleventh Circuit
...BACKGROUND
As part of a comprehensive revision to the election code, the Florida
Legislature enacted a statute in 1951 that governs the order in which candidates
appear on the ballot in general elections. 1951 Fla. Laws 871 (originally codified at
Fla. Stat. § 101.151(4) (1951)). The statute requires the candidate of the party that
won the last gubernatorial election to appear first beneath each office listed on the
ballot, with the candidate of the second-place party appearing second. Fla. Stat.
§ 101.151(3)(a)....
...and, quite frankly, in the
Northern District of Florida we have not succeeded . . . .”). So our ruling today is
consistent with the Secretary’s longstanding view about the scope of her powers.
The partial dissent next contends that the Secretary’s authority to prescribe
rules about ballot layout, Fla. Stat. § 101.151(9)(a), and to provide written
direction to the Supervisors, id....
...at 80–81, 88, but we again do not see how. Florida
law already directs the Supervisors to place candidates on the ballot in the order
“provided by law,” Fla. Stat. §
99.121—that is, in the order prescribed by the ballot
statute, see id. §
101.151(3)(a)....
...at 181–83.
Today, states continue to use different methods to order their ballots. Some
states, like Florida, determine ballot order based on the results of the last election
for Governor or another state office. Ariz. Rev. Stat. Ann. § 16-502(E); Conn. Gen.
Stat. § 9-249a(a); Fla. Stat. § 101.151(3)(a); Ga....
...Secretary of State to challenge as unconstitutional the state statute governing ballot
ordering in general elections. Florida law requires the names of candidates from
the governor’s party to be listed first for each office on the general election ballot.
See Fla. Stat. § 101.151(3)(a)....
...s regard.
The first provision the majority opinion largely overlooks is the one in
which the Florida Legislature charges the Department of State with “adopt[ing]
rules prescribing a uniform primary and general election ballot.” See id.
§ 101.151(9)(a). These rules must incorporate the requirements of § 101.151—
which includes the ballot-order scheme in subsection (3)(a)—and may “prescribe
additional matters” including rules governing “[i]ndividual race layout.” See id.
§ 101.151(9)(a). Among other things, the Department’s “rules must graphically
depict a sample . . . general election ballot form.” Id. § 101.151(9)(b)....
...Now, redressability: A hypothetical injury arising from the challenged law
would have been redressed by the district court’s injunction, which, among other
things, directed the Secretary of State not to “enforce . . . the ballot order scheme
described in section 101.151(3)(a).” Doc....
...oversees how county election supervisors carry out their duties, all in fulfilling her
responsibility (hers alone) to maintain uniformity in the interpretation and
implementation of the Code throughout the state. See Fla. Stat. §§
97.012(1), (14),
(16);
101.151(9)....
...§
97.012; is instructed by statute to
“obtain and maintain uniformity in the interpretation and implementation” of
Florida’s Election Code, id. §
97.012(1); and is empowered by statute to
promulgate rules to implement the statute in questions, id. §
101.151(9)....
