The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 105
NONPARTISAN ELECTIONS

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F.S. 105.051

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 Casetext

Amendments to 105.051

Arrestable Offenses / Crimes under Fla. Stat. 105.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 105.051.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ORANGE COUNTY, v. SINGH,, 268 So. 3d 668 (Fla. 2019)

. . . Regarding timing of the nonpartisan elections, section 105.051(1)(b), Florida Statutes (2018), provides . . . specifies that the retention elections of appellate judges are to take place during the general election. § 105.051 . . .

BLOCH, v. DEL REY,, 208 So. 3d 189 (Fla. Dist. Ct. App. 2016)

. . . See § 105.051(l)(b), Fla. Stat. (2016). . . .

ADVISORY OPINION TO GOVERNOR RE JUDICIAL VACANCY DUE TO RESIGNATION, 42 So. 3d 795 (Fla. 2010)

. . . Judge Ackerman will be deemed elected for a new term commencing January 4, 2011, pursuant to section 105.051 . . . Because Judge Ack-erman’s candidacy was uncontested, pursuant to section 105.051, Florida Statutes (2009 . . .

LEVEY, v. DIJOLS, Dr. C., 990 So. 2d 688 (Fla. Dist. Ct. App. 2008)

. . . . § 105.051(b), Fla. Stat. (2007). . . . votes, Bober and Levey were to be placed on the ballot for the November 4, 2008 general election. § 105.051 . . . the general election as she was one of the two candidates receiving the highest number of votes. § 105.051 . . .

ADVISORY OPINION TO GOVERNOR APPOINTMENT OR ELECTION OF JUDGES, 824 So. 2d 132 (Fla. 2002)

. . . election of circuit and county judges mandated by section 10(b)(1) and (2) and implemented by section 105.051 . . . See ch.2001-40, § 46, at 155, Laws of Fla.; § 105.051(1), Fla. Stat. (2001). . . . See § 105.051(1), Fla. Stat. (2001). . . . .

V. PEPPER, v. COBO C. C., 785 So. 2d 718 (Fla. Dist. Ct. App. 2001)

. . . The conduct of a nonpartisan election is governed by Florida Statutes § 105.051(l)(b) (1999). . . . Stat. § 105.051(l)(b), and, in fact, were given no choice at all. . . .

DAVIS, E. T. v. CHILES, 139 F.3d 1414 (11th Cir. 1998)

. . . . §§ 105.051(2), 105.061. . . .