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Florida Statute 105.051 - Full Text and Legal Analysis
Florida Statute 105.051 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 105.051 Case Law from Google Scholar Google Search for Amendments to 105.051

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 105
NONPARTISAN ELECTIONS
View Entire Chapter
105.051 Determination of election or retention to office.
(1) ELECTION.In circuits and counties holding elections:
(a) The name of an unopposed candidate for the office of circuit judge, county court judge, or member of a school board shall not appear on any ballot, and such candidate shall be deemed to have voted for himself or herself at the general election.
(b) If two or more candidates, neither of whom is a write-in candidate, qualify for such an office, the names of those candidates shall be placed on the ballot at the primary election. If any candidate for such office receives a majority of the votes cast for such office in the primary election, the name of the candidate who receives such majority shall not appear on any other ballot unless a write-in candidate has qualified for such office. An unopposed candidate shall be deemed to have voted for himself or herself at the general election. If no candidate for such office receives a majority of the votes cast for such office in the primary election, the names of the two candidates receiving the highest number of votes for such office shall be placed on the general election ballot. If more than two candidates receive an equal and highest number of votes, the name of each candidate receiving an equal and highest number of votes shall be placed on the general election ballot. In any contest in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the general election ballot.
(c) The candidate who receives the highest number of votes cast for the office in the general election shall be elected to such office. If the vote at the general election results in a tie, the outcome shall be determined by lot.
(2) RETENTION.With respect to any justice or judge who qualifies to run for retention in office, the question prescribed in s. 105.041(2) shall be placed on the ballot at the general election. If a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, the justice or judge shall be retained for a term of 6 years commencing on the first Tuesday after the first Monday in January following the general election. If less than a majority of the qualified electors voting on such question within the territorial jurisdiction of the court vote for retention, a vacancy shall exist in such office upon the expiration of the term being served by the justice or judge.
History.s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147; s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286.

F.S. 105.051 on Google Scholar

F.S. 105.051 on CourtListener

Amendments to 105.051


Annotations, Discussions, Cases:

Cases Citing Statute 105.051

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Levey v. Dijols, 990 So. 2d 688 (Fla. 4th DCA 2008).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 4327060

...Pedro Dijols, the incumbent judge, and Bernard Isaac "Bernie" Bober, had previously filed to run for the same seat. Because two or more candidates had filed, the names of the three candidates were listed on the ballot for the August 26, 2008 primary election. § 105.051(1), Fla....
...After a machine and manual recount, it was determined that Levey had received 72 more votes than Dijols. The Broward County Canvassing Board certified the results. Because Bober had not received a majority of the votes, Bober and Levey were to be placed on the ballot for the November 4, 2008 general election. § 105.051(1)(b)....
...Levey filed an oath in accordance with the requirements of section 105.031(4)(b), Florida Statutes (2007). The voters voted, the votes were counted, and Levey finished second. Her name should appear on the ballot for the general election as she was one of the two candidates receiving the highest number of votes. § 105.051(1)(b)....
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Advisory Opinion to the Governor Re Jud. Vacancy Due to Resignation, 42 So. 3d 795 (Fla. 2010).

Cited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 453, 2010 Fla. LEXIS 1118, 2010 WL 2720459

...There will be an actual vacancy on the Escambia County Court for a period of at least seven months if the vacancy resulting from Judge Ackerman's resignation is to be filled by election. As a result of his qualifying unopposed, Judge Ackerman will be deemed elected for a new term commencing January 4, 2011, pursuant to section 105.051(1)(a), Florida Statutes....
...t of the election process. Appointment or Election of Judges 2008, 983 So.2d at 529. Here, the election process began on April 26, 2010, and Judge Ackerman alone qualified for election. Because Judge Ackerman's candidacy was uncontested, pursuant to section 105.051, Florida Statutes (2009), he was deemed elected to serve as a judge on the Escambia County Court for the term beginning January 4, 2011....
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Advisory Opinion to Governor, 824 So. 2d 132 (Fla. 2002).

Cited 5 times | Published | Supreme Court of Florida | 2002 WL 1472811

...ific election of a circuit or county judge for the term which will begin in January after the impending election. We find that the election process for the election of circuit and county judges mandated by section 10(b)(1) and (2) and implemented by section 105.051(1), Florida Statutes (2001), begins when a candidate or candidates have qualified for the circuit or county judgeship....
...cial office, which historically had occurred during mid-July. See ch.2002-17, § 23, Laws of Fla. The period of qualifying in the instant case was from noon on May 13, 2002 until noon on May 17, 2002. [7] See ch.2001-40, § 46, at 155, Laws of Fla.; § 105.051(1), Fla. Stat. (2001). If no candidate receives a majority of the votes cast on September 10, 2002, the two candidates who receive the most votes are to be on the ballot in November. See § 105.051(1), Fla....
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Bloch v. Del Rey, 208 So. 3d 189 (Fla. 3d DCA 2016).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 15905

...ve days before the commencement of early voting in Miami-Dade County,2 Bloch filed an action for declaratory and 1 Judicial campaigns are nonpartisan, and judicial elections are held on the date set for primary elections in partisan campaigns. See § 105.051(1)(b), Fla....
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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

...o any nonpartisan office or candidate," while "[s]pace shall be made available on the general election ballot" for write-in candidates for circuit and county court judge as well as school board members. Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general election: If two or more candi...
...ing for second shall be placed on the general election ballot. Additionally, the nonpartisan chapter of the Florida Election Code, chapter 105, specifies that the retention elections of appellate judges are to take place during the general election. § 105.051(2), Fla....
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Markwood Investments Ltd. v. Neves (In re Neves), 500 B.R. 651 (Bankr. S.D. Fla. 2013).

Published | United States Bankruptcy Court, S.D. Florida. | 70 Collier Bankr. Cas. 2d 1146, 2013 WL 5701649, 2013 Bankr. LEXIS 4375

authorized by 28 U.S.C. § 157(b)(1)50 and 11 U.S.C. § 105.51 44 F.3d at 165. See In re Morrison, 555 F.3d at
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Pepper v. Cobo, 785 So. 2d 718 (Fla. 3d DCA 2001).

Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 7319, 2001 WL 540759

...itio. As such, he was not qualified to *719 ran either in the September 5, 2000, primary election or the November 7, 2000, general election for School Board Member, District 7. 3. The conduct of a nonpartisan election is governed by Florida Statutes § 105.051(l)(b) (1999)....
...econd shall be placed on the general election ballot, emphasis supplied. 4. Since Demetrio Perez was not a qualified candidate for that office, the voters were not given a choice between the two highest qualified candidates as required by Fla. Stat. § 105.051 (l)(b), and, in fact, were given no choice at all....
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Rick Scott, in his Off. capacity as Governor of the State of Florida v. David P. Trotti, an individual (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

appear at the next general election 8 § 105.051(1)(a), Fla. Stat. (2018).
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Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Published | Supreme Court of Florida

...made available on the general election ballot” for write-in candidates for circuit and county court judge as well as school board members. - 17 - Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides that elections for judicial officers and school board members are to be conducted during the primary election with the possibility of a run-off during the general election: If two or...
...econd shall be placed on the general election ballot. Additionally, the nonpartisan chapter of the Florida Election Code, chapter 105, specifies that the retention elections of appellate judges are to take place during the general election. § 105.051(2), Fla....

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.