The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS

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F.S. 103.101

103.101 Presidential preference primary.—

(1) Each political party other than a minor political party shall, at the presidential preference primary, elect one person to be the party’s candidate for nomination for President of the United States or select delegates to the party’s national nominating convention, as provided by party rule. The presidential preference primary shall be held on the third Tuesday in March of each presidential election year. Any party rule directing the vote of delegates at a national nominating convention shall reasonably reflect the results of the presidential preference primary, if one is held.

(2) By November 30 of the year preceding the presidential preference primary, each political party shall submit to the Secretary of State a list of its presidential candidates to be placed on the presidential preference primary ballot or candidates entitled to have delegates appear on the presidential preference primary ballot. The Secretary of State shall prepare and publish a list of the names of the presidential candidates submitted not later than on the first Tuesday after the first Monday in December of the year preceding the presidential preference primary. The Department of State shall immediately notify each presidential candidate listed by the Secretary of State. Such notification shall be in writing, by registered mail, with return receipt requested.

(3) A candidate’s name shall be printed on the presidential preference primary ballot unless the candidate submits to the Department of State, prior to the second Tuesday after the first Monday in December of the year preceding the presidential preference primary, an affidavit stating that he or she is not now, and does not presently intend to become, a candidate for President at the upcoming nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State shall notify the state executive committee that the candidate’s name will not be placed on the ballot. The Department of State shall, no later than the third Tuesday after the first Monday in December of the year preceding the presidential preference primary, certify to each supervisor of elections the name of each candidate for political party nomination to be printed on the ballot.

(4) The names of candidates for political party nominations for President of the United States shall be printed on official ballots for the presidential preference primary election and shall be marked, counted, canvassed, returned, and proclaimed in the same manner and under the same conditions, so far as they are applicable, as in other state elections. If party rule requires the delegates’ names to be printed on the official presidential preference primary ballot, the name of the presidential candidates for that political party may not be printed separately, but the ballot may reflect the presidential candidate to whom the delegate is pledged. If, however, a political party has only one presidential candidate, neither the name of the candidate nor the names of the candidate’s delegates shall be printed on the ballot.

(5) The state executive committee of each party, by rule adopted at least 60 days prior to the presidential preference primary election, shall determine the number, and establish procedures to be followed in the selection, of delegates and delegate alternates from among each candidate’s supporters. A copy of any rule adopted by the executive committee shall be filed with the Department of State within 7 days after its adoption and shall become a public record. The Department of State shall review the procedures and shall notify the state executive committee of each political party of any ballot limitations.

(6) All names of candidates or delegates shall be listed as directed by the Department of State.

History.—s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch. 22058, 1943; s. 1, ch. 22729, 1945; s. 1, ch. 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch. 71-236; s. 2, ch. 75-246; s. 1, ch. 77-174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, ch. 91-45; s. 608, ch. 95-147; s. 28, ch. 2001-40; s. 3, ch. 2007-30; s. 27, ch. 2008-95; s. 47, ch. 2011-40; s. 28, ch. 2012-116; s. 20, ch. 2013-57; s. 1, ch. 2015-5.

Note.—Former ss. 102.03, 102.72.

F.S. 103.101 on Google Scholar

F.S. 103.101 on Casetext

Amendments to 103.101

Arrestable Offenses / Crimes under Fla. Stat. 103.101

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 103.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TOPANGA PRESS, INC. v. CITY OF LOS ANGELES, a, 409 F. Supp. 2d 1188 (C.D. Cal. 2005)

. . . .] § 103.101 against any of the plaintiffs ... unless and until that section and L.A.M.C. § 12.26 and . . . shall not base a suspension or revocation [of an adult arcade permit] upon the grounds set forth in 103.101 . . . Amending the 1991 version of Section 103.101 after [Thomas ] and [ZJ. . . .

REFORM PARTY OF FLORIDA, v. BLACK, v., 885 So. 2d 303 (Fla. 2004)

. . . Stat. (2003); see also § 103.101, Fla. . . .

CITY OF LOS ANGELES v. ALAMEDA BOOKS, INC., 535 U.S. 425 (U.S. 2002)

. . . Los Angeles Municipal Code §§ 103.101(i), (j). . . .

DUKE, v. CLELAND,, 884 F. Supp. 511 (N.D. Ga. 1995)

. . . . § 103.101(2)(c) (1991). . . .

DUKE, J. Jr. S. J. E. B. v. SMITH, T. K. M., 13 F.3d 388 (11th Cir. 1994)

. . . . § 1983 in the District Court for the Southern District of Florida challenging Florida Statutes § 103.101 . . . FACTS Florida Statutes § 103.101 entitled “Presidential preference primary” is the exclusive vehicle . . . Pursuant to § 103.101(2)(a), following the plaintiffs’ submissions, the representatives of the Florida . . . Fla.Stat. § 103.101(2)(c) (1991) (emphasis added). In Duke v. . . . Fla.Stat. § 103.101(2) (1991) (emphasis added). . . . .

DUKE, J. H. Jr. S. J. v. SMITH, T. K. M., 784 F. Supp. 865 (S.D. Fla. 1992)

. . . primary ballot scheduled for March 10, 1992 and to declare the procedure set forth in Florida Statute § 103.101 . . . Statute Section 103.101 of the Florida Statutes provides in relevant part: (2) There shall be a Presidential . . . Fla.Stat. § 103.101(2)(a), (b), (c). . . . If the actions of the Presidential Candidate Selection Committee created by Florida Statute § 103.101 . . . It is clear upon a review of Fla.Stat. §§ 103.091, 103.101, Kay, v. . . .

DUKE, J. H. Jr. S. J. v. SMITH, T. K. M., 141 F.R.D. 348 (S.D. Fla. 1992)

. . . Plaintiffs also sought a declaration that Florida Statute Section 103.101 was unconstitutionally void . . . Section (2)(c) of Florida Statute 103.101, the main target of plaintiffs’ constitutional challenge, was . . .

H. LaROUCHE, Jr. C. W. F. L. v. SHEEHAN,, 591 F. Supp. 917 (D. Md. 1984)

. . . Stat.Ann., § 103.101. . . . .

E. WYMBS R. v. REPUBLICAN STATE EXECUTIVE COMMITTEE OF FLORIDA,, 719 F.2d 1072 (11th Cir. 1983)

. . . . § 103.101; (2) the nomination of presidential electors, pursuant to Fla.Stat.Ann. § 103.021(1); (3) . . . Stat.Ann. § 103.101 (1982 & Supp.1983). . . . The provisions touching most closely on this issue are those in § 103.101(8) which permit delegates to . . . Fla.Stat.Ann. § 103.101(6) (1982). . . . See Fla.Stat.Ann. §§ 100.11 l(3)(b) and 103.101(5). . . .

E. WYMBS R. v. REPUBLICAN STATE EXECUTIVE COMMITTEE OF FLORIDA,, 658 F.2d 324 (5th Cir. 1981)

. . . . § 103.101. . . .

J. QUINN, J. J. v. STONE,, 259 So. 2d 492 (Fla. 1972)

. . . Quinn is not entitled to have his name on the presidential preference ballot pursuant to F.S. section 103.101 . . . . § 103.101, F.S.A., as amended by Ch. 71-236, Laws of Florida (1971). . . . Fla.Stat. § 103.101(3) (b), F.S.A. . . . Stat. § 103.101, F.S.A., can hardly be an unconstitutional invasion of rights; it is instead a preservation . . . correctly delineated the issues and properly held Chapter 71-236, Laws of Florida, amending Fla.Stat. § 103.101 . . . “PRESIDENTIAL ELECTORS: POLITICAL PARTIES; COMMITTEES “E.S. 103.101 Presidential preference primary.— . . .

YORTY E. v. B. STONE,, 259 So. 2d 146 (Fla. 1972)

. . . CARLTON, Justice (dissenting): I strongly dissent on the basis that Section (4) of Fla.Stat. 103.101, . . . Thus Fla.Stat. 103.101(4) F.S.A. puts upon the ballot all those recognized under the statute as candidates . . . In summary, I conclude that Section (4) of Fla.Stat. 103.101, F.S.A. violates the right of privacy discussed . . . ERVIN, Justice (dissenting): We are concerned today with the constitutionality of Section 103.101(4), . . . It appears to me that the requirements of Section 103.101(4) must yield to the constitutional rights . . . Although Section 103.101 was not in effect at that time, the Battaglia holding regarding the constitutional . . . Adams we must find Section 103.101(4), Florida Statutes, F.S.A. unconstitutional insofar as it forces . . . To be constitutional, Section 103.101(4), Florida Statutes, F.S.A., must permit a potential candidate . . . .-101(3) (a) and 103.101(4), F.S.A. contested here. . . . S. 103.101 Presidential preference primary.— “(1) This act shall be known and may be cited as the Florida . . .

S. BATTAGLIA v. ADAMS,, 164 So. 2d 195 (Fla. 1964)

. . . unpledged slate of delegates to the Republican National Convention, as authorized by our statute, Sec. 103.101 . . .

M. WEBB, M. P. F. M. Jr. v. HILL,, 75 So. 2d 596 (Fla. 1954)

. . . Booth, Fla., 56 So.2d 716, 718; this Court said: “This Subsection 7 of Section 103.101 was enacted for . . .

WAGNER v. GRAY,, 74 So. 2d 89 (Fla. 1954)

. . . Section 103.101, F.S.A. . . .

SHELLY v. BREWER, 68 So. 2d 573 (Fla. 1953)

. . . Rights were asserted under Section 103.101 (-7), F.S., F.S.A., the same being part of the election code . . . In deciding the question, the Court construed subsection (7) of Section 103.101 F.S., F.S.A. . . .