Florida Statute 106.18 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 106
CAMPAIGN FINANCING

View Entire Chapter

106.18 When a candidate’s name to be omitted from ballot.—

(1) The name of a candidate shall not be printed on the ballot for an election if the candidate is convicted of violating s. 106.19.

(2) Any candidate whose name is removed from the ballot pursuant to subsection (1) is disqualified as a candidate for office. If the disqualification of such candidate results in a vacancy in nomination, such vacancy shall be filled by a person other than such candidate in the manner provided by law.

(3) No certificate of election shall be granted to any candidate until all preelection reports required by s. 106.07 have been filed in accordance with the provisions of such section. However, no candidate shall be prevented from receiving a certificate of election for failure to file any copy of a report required by this chapter.

History.—s. 18, ch. 73-128; s. 57, ch. 77-175; s. 11, ch. 85-226; s. 37, ch. 90-315; s. 3, ch. 90-338.

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Amendments to 106.18

Annotations, Discussions, Cases:

Cases Citing Statute 106.18

Total Results: 2 | Sort by: Relevance | Newest First

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State v. Zimmerman, 370 So. 2d 1179 (Fla. 4th DCA 1979).

Cited 5 times | Published | Florida 4th District Court of Appeal

...Although at trial, the proof adduced may also constitute the crime of false reporting, it is the additional element of making the false certification which differentiates the felony from the misdemeanor act. These two crimes are therefore not inconsistent. Appellee further contends that the provisions of § 106.18 and § 106.21 of the Campaign Financing Act indicate that the legislature intended the misdemeanor provisions of § 106.19(1) to be the controlling provisions with regard to incorrect campaign contribution and expenditure reports. Sections 106.18 and 106.21 provide respectively: 106.18 When a candidate's name to be omitted from ballot....

...e other remedies for public officials who commit felony acts. See, e.g., Fla. Const., art. IV, § 7(a) (1968); Section 112.42, Florida Statutes (1977). Thus it appears that the legislature was attempting to fill a gap in the law through enactment of § 106.18 and § 106.21, and in no way intended these enactments to limit the application of the felony provisions of § 106.07(6)....

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Ryan C. Torrens v. Sean Shaw, Ken Detzner, in his Off. capacity as the Sec'y of State Dep't of State, Div. of Elections, 257 So. 3d 168 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

candidate is convicted of violating s. 106.19.” § 106.18(1), Fla. Stat. (2017) (emphasis added). However

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