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Florida Constitution Revision Commission

PUB 700404: Conditions for Participation of All Electors in Primary Elections, Write-in Candidates, and Format by Jeremy Jones

ARTICLE VI: SUFFRAGE AND ELECTIONS, Section 5. Primary, general, and special elections.

SECTION 5.Primary, general, and special elections.
  1. A general election shall be held in each county on the first Tuesday after the first Monday in November of each even-numbered year to choose a successor to each elective state and county officer whose term will expire before the next general election and, except as provided herein, to fill each vacancy in elective office for the unexpired portion of the term. A general election may be suspended or delayed due to a state of emergency or impending emergency pursuant to general law. Special elections and referenda shall be held as provided by law.
  2. If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, notwithstanding the presence of a qualified write-in candidate, all qualified electors, regardless of party affiliation, may vote in the primary elections for that office. Elections for such office shall be conducted as such:
    1. The names of such candidates shall appear on the primary election ballot of each political party holding a primary election, and on a ballot for voters registered to a party not holding a primary or voters with no party affiliation.
    2. If a candidate receives a majority of the votes in the primary, and there is no qualified write-in candidate, then that candidate shall be deemed as elected to that office and not appear on the general election ballot.
    3. If a candidate receives a majority of votes in the primary election and there is a qualified write-in candidate, then the name of the candidate shall appear on the general election ballot, along with a space for the write-in candidate.
    4. If no candidate receives a majority of votes in the primary election, the names of the two candidates that received the highest number of votes shall appear on the general election ballot for that office. If there is a qualified write-in candidate a space shall be provided.