H 91

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1
2An act relating to candidate qualification; amending
3s. 99.021, F.S.; specifying that a person seeking to
4qualify for office as a candidate must be a registered
5member of a political party, or registered without any
6party affiliation, for 365 consecutive days preceding
7the beginning of qualifying for an election;
8specifying that such person may not have legally
9changed his or her name through a specified petition
10during such 365-day period; providing applicability;
11providing that compliance with specified requirements
12is mandatory; providing construction; authorizing
13qualified candidates or certain political parties to
14challenge compliance with specified provisions by
15filing suit in a specified circuit court; prohibiting
16a person from being qualified as a candidate for
17nomination or election and appearing on the ballot
18under specified circumstances; providing an effective
19date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23Section 1.  Paragraphs (b) and (c) of subsection (1) of
24section 99.021, Florida Statutes, are amended, and paragraphs
25(f) and (g) are added to that subsection, to read:
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2699.021       Form of candidate oath.—
27(1)
28(b)      In addition, any person seeking to qualify for
29    nomination as a candidate of any political party shall, at the
30    time of subscribing to the oath or affirmation, state in
31    writing:
321.      The party of which the person is a member.
332.      That the person has been a registered member of the
34    political party for which he or she is seeking nomination as a
35    candidate for at least 365 consecutive days preceding before the
36    beginning of qualifying before preceding the general election
37    for which the person seeks to qualify.
383.      That the person has paid the assessment levied against
39    him or her, if any, as a candidate for said office by the
40    executive committee of the party of which he or she is a member.
414.      That the person has not legally changed his or her name
42    through a petition pursuant to s. 68.07 during the 365-day
43    period preceding the beginning of qualifying. This subparagraph
44    does not apply to any change of name in proceedings for
45    dissolution of marriage or adoption of children or based on a
46    change of name conducted with a marriage certificate.
47(c)      In addition, any person seeking to qualify for office
48    as a candidate with no party affiliation shall, at the time of
49    subscribing to the oath or affirmation, state in writing that he
50    or she is registered without any party affiliation and that he
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51    or she has not:
521. Been a registered member of any political party for at
53    least 365 consecutive days preceding before the beginning of
54    qualifying before preceding the general election for which the
55    person seeks to qualify.
562.      Legally changed his or her name through a petition
57    pursuant to s. 68.07 during the 365-day period preceding the
58    beginning of qualifying. This subparagraph does not apply to any
59    change of name in proceedings for dissolution of marriage or
60    adoption of children or based on a change of name conducted with
61    a marriage certificate.
62(f)     The statements in subparagraph (b)4. and subparagraph
63    (c)2. constitute substantive requirements for the person
64    completing the statement, and compliance with those requirements
65    is mandatory. The sole method to enforce compliance with such
66    requirements is contained in this paragraph. Compliance with
67    subparagraph (b)4. and subparagraph (c)2. may be challenged by a
68    qualified candidate or a political party with qualified
69    candidates in the same race by filing an action in the circuit
70    court for the county in which the qualifying officer is
71    headquartered. A person may not be qualified as a candidate for
72    nomination or election and his or her name may not appear on the
73    ballot if in an order that has become final, the court
74    determines that the person seeking to qualify has legally
75    changed his or her name through a petition pursuant to s. 68.07
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76     during the 365-day period preceding the beginning of qualifying,
77     unless such change of name occurred in proceedings for
78     dissolution of marriage or adoption of children or was based on
79     a change of name conducted with a marriage certificate.
80(g)      The statements in subparagraph (b)2. and subparagraph
81     (c)1. constitute substantive requirements for the person
82     completing the statement, and compliance with those requirements
83     is mandatory. The sole method to enforce compliance with such
84     requirements is contained in this paragraph. Compliance with
85     subparagraph (b)2. and subparagraph (c)1. may be challenged by a
86     qualified candidate or a political party with qualified
87     candidates in the same race by filing an action in the circuit
88     court for the county in which the qualifying officer is
89     headquartered. A person may not be qualified as a candidate for
90     nomination or election and his or her name may not appear on the
91     ballot if in an order that has become final, the court
92     determines that:
931.      The person seeking to qualify for nomination as a
94     candidate of any political party has not been a registered
95     member of that party for the 365-day period preceding the
96     beginning of qualifying; or
972.      The person seeking to qualify for office as a candidate
98     with no party affiliation has not been registered without party
99     affiliation for, or has been a registered member of any
100    political party during, the 365-day period preceding the
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101    beginning of qualifying.
102Section 2.  This act shall take effect upon becoming a law.
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