Florida Senate - 2025 SB 1556 By Senator Davis 5-01448A-25 20251556__ 1 A bill to be entitled 2 An act relating to special elections; amending s. 3 99.012, F.S.; requiring that a written resignation be 4 submitted by an officer within a specified timeframe 5 if such officer is filling a vacancy caused by a 6 certain resignation; providing construction; amending 7 s. 100.111, F.S.; revising the timeframe during which 8 a vacancy that occurs in an elective office must be 9 filled by candidates qualifying within the timeframes 10 provided by general law; requiring, rather than 11 authorizing, the Governor to call a special primary 12 election under a certain circumstance; requiring the 13 Governor to fix the dates of the special election 14 within a specified timeframe after the vacancy occurs; 15 requiring the Governor to consult with the Secretary 16 of State and the applicable supervisor before setting 17 the special election dates; requiring that such dates 18 be the earliest dates feasible; deleting the authority 19 of the Governor, the President of the Senate, and the 20 Speaker of the House of Representatives to waive 21 specified timeframes if all parties concur; requiring 22 that a special election be held within a specified 23 timeframe; providing exceptions; requiring the 24 Governor to fix dates to coincide with an already 25 scheduled election; requiring that special elections 26 to fill certain vacancies be held no later than the 27 election that caused such vacancy to occur; providing 28 that certain persons are deemed elected under 29 specified circumstances; amending s. 101.6952, F.S.; 30 requiring that vote-by-mail ballots from overseas 31 voters be received before a specified time on election 32 day; creating s. 101.6953, F.S.; requiring supervisors 33 to send a special write-in ballot to absent uniformed 34 services and overseas voters with a specified 35 timeframe; requiring the supervisor to e-mail such 36 voters a certain list as soon as it is available; 37 authorizing voters to indicate their vote in any 38 contest; authorizing the submission of the special 39 write-in ballot or the official vote-by-mail ballot 40 under specified circumstances; requiring the voter to 41 make every reasonable effort to inform the supervisor 42 of multiple submissions; providing that special write 43 in ballots may not be canvassed until after a certain 44 deadline; requiring that such ballots be canvassed 45 under specified conditions; providing that specified 46 special write-in ballots are invalid and the official 47 vote-by-mail ballot must be canvassed in a specified 48 circumstance; requiring the Department of State to 49 adopt specified rules; amending s. 114.01, F.S.; 50 providing that certain resignations occur upon the 51 officer submitting the resignation; providing an 52 effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1.Paragraph (c) of subsection (3) and paragraph 57 (c) of subsection (4) of section 99.012, Florida Statutes, are 58 amended, and subsection (9) is added to that section, to read: 59 99.012Restrictions on individuals qualifying for public 60 office. 61 (3) 62 (c)The written resignation must be submitted at least 10 63 days before prior to the first day of qualifying for the office 64 he or she intends to seek, unless the officer seeks to qualify 65 in an election to fill a vacancy caused by a resignation 66 submitted pursuant to this section, in which case the 67 resignation must be submitted at least 5 days before the first 68 day of qualifying. 69 (4) 70 (c)The resignation must be submitted at least 10 days 71 before the first day of qualifying for the office he or she 72 intends to seek, unless the officer seeks to qualify in an 73 election to fill a vacancy caused by a resignation submitted 74 pursuant to this section, in which case the resignation must be 75 submitted at least 5 days before the first day of qualifying. 76 (9)With regard to an elective office, a resignation 77 submitted pursuant to this section creates a vacancy in office 78 to be filled by election. Individuals may qualify as candidates 79 for nomination and election as if the public officers term was 80 otherwise scheduled to expire. 81 Section 2.Subsections (1) and (2) of section 100.111, 82 Florida Statutes, are amended to read: 83 100.111Filling vacancy. 84 (1)(a)If any vacancy occurs in any office which is 85 required to be filled pursuant to s. 1(f), Art. IV of the State 86 Constitution and the remainder of the term of such office is 28 87 months or longer, then at the next general election a person 88 must shall be elected to fill the unexpired portion of such 89 term, commencing on the first Tuesday after the first Monday 90 following such general election. 91 (b)If such a vacancy occurs before prior to the ninth day 92 before the first day set by law for qualifying for election to 93 office at such general election, any person seeking nomination 94 or election to the unexpired portion of the term must shall 95 qualify within the time prescribed by law for qualifying for 96 other offices to be filled by election at such general election. 97 (c)If such a vacancy occurs before prior to the primary 98 election but on or after the ninth day before the first day set 99 by law for qualifying, the Secretary of State must shall set 100 dates for qualifying for the unexpired portion of the term of 101 such office. Any person seeking nomination or election to the 102 unexpired portion of the term must shall qualify within the time 103 set by the Secretary of State. If time does not permit party 104 nominations to be made in conjunction with the primary election, 105 the Governor must may call a special primary election to select 106 party nominees for the unexpired portion of such term and, if 107 necessary, a special election. 108 (2)Whenever there is a vacancy for which a special 109 election is required pursuant to s. 100.101, the Governor, 110 within 5 days after the vacancy occurs after consultation with 111 the Secretary of State, shall fix the dates of a special primary 112 election and a special election. Nominees of political parties 113 shall be chosen under the primary laws of this state in the 114 special primary election to become candidates in the special 115 election. 116 (a)Before Prior to setting the special election dates, the 117 Governor shall consult with the Secretary of State and the 118 supervisors of elections consider any upcoming elections in the 119 jurisdiction where the special election will be held. The dates 120 fixed by the Governor must shall be the earliest dates feasible, 121 must be specific days certain, and may shall not be established 122 by the happening of a condition or stated in the alternative. 123 The dates fixed must shall provide a minimum of 4 2 weeks 124 between each election. In the event a vacancy occurs in the 125 office of state senator or member of the House of 126 Representatives when the Legislature is in regular legislative 127 session, the minimum times prescribed by this subsection may be 128 waived upon concurrence of the Governor, the Speaker of the 129 House of Representatives, and the President of the Senate. 130 (b)The special election must be held no later than 126 131 days after the vacancy occurs, except in the following cases: 132 1.If a supervisor where the special election will be held 133 certifies that holding the special election within the required 134 time period will conflict with scheduled elections so as to 135 impose an undue hardship on the orderly administration of 136 elections, the special election must be held no later than 175 137 days after the vacancy occurs. 138 2.If a vacancy occurs in the office of state senator and 139 no session of the Legislature is scheduled to be held before 140 prior to the next general election, the Governor may fix the 141 dates for the special primary election and for the special 142 election to coincide with the dates of the primary election and 143 general election. 144 3.If a vacancy in office occurs in any district in the 145 state Senate or House of Representatives or in any congressional 146 district, and no session of the Legislature, or session of 147 Congress if the vacancy is in a congressional district, is 148 scheduled to be held during the unexpired portion of the term, 149 the Governor is not required to call a special election to fill 150 such vacancy. 151 (c)If possible, the Governor must fix dates to coincide 152 with scheduled elections where the special election will be 153 held. A special election held to fill a vacancy caused by a 154 resignation submitted pursuant to s. 99.012 must be held no 155 later than the election for which the resigning officer seeks to 156 qualify. 157 (d)(a)The dates for candidates to qualify in such special 158 election or special primary election must shall be fixed by the 159 Department of State, and candidates must shall qualify no not 160 later than noon of the last day so fixed. The dates fixed for 161 qualifying must shall allow a minimum of 14 days between the 162 last day of qualifying and the special primary election. 163 (e)(b)The filing of campaign expense statements by 164 candidates in such special elections or special primaries and by 165 committees making contributions or expenditures to influence the 166 results of such special primaries or special elections may not 167 shall be not later than such dates as shall be fixed by the 168 Department of State, and in fixing such dates the Department of 169 State shall take into consideration and be governed by the 170 practical time limitations. 171 (f)(c)The dates for a candidate to qualify by the petition 172 process pursuant to s. 99.095 in such special primary or special 173 election shall be fixed by the Department of State. In fixing 174 such dates the Department of State shall take into consideration 175 and be governed by the practical time limitations. Any candidate 176 seeking to qualify by the petition process in a special primary 177 election must shall obtain 25 percent of the signatures required 178 by s. 99.095. 179 (g)(d)The qualifying fees and party assessments of such 180 candidates as may qualify must shall be the same as collected 181 for the same office at the last previous primary for that 182 office. The party assessment must shall be paid to the 183 appropriate executive committee of the political party to which 184 the candidate belongs. 185 (h)(e)Each county canvassing board shall make as speedy a 186 return of the result of such special primary elections and 187 special elections as time will permit, and the Elections 188 Canvassing Commission likewise shall make as speedy a canvass 189 and declaration of the nominees as time will permit. 190 (i)If only one candidate qualifies in a special election, 191 he or she is deemed elected on the last day of the qualifying 192 period. If the winner of a special primary election does not 193 have opposition in the special election, he or she is deemed 194 elected at the special primary election. In either case, the 195 person elected takes office upon election or whenever the office 196 becomes vacant, whichever occurs later. 197 Section 3.Subsection (5) of section 101.6952, Florida 198 Statutes, is amended to read: 199 101.6952Vote-by-mail ballots for absent uniformed services 200 and overseas voters. 201 (5)A vote-by-mail ballot from an overseas voter in any 202 presidential preference primary or general election which is 203 postmarked or dated no later than the date of the election and 204 is received by the supervisor of elections of the county in 205 which the overseas voter is registered no later than 10 days 206 after the date of the election shall be counted as long as the 207 vote-by-mail ballot is otherwise proper. A vote-by-mail ballot 208 from an overseas voter in any primary, special, or special 209 primary election must be received by 7 p.m. on election day. 210 Section 4.Section 101.6953, Florida Statutes, is created 211 to read: 212 101.6953Special write-in ballots for absent uniformed 213 services and overseas voters. 214 (1)If the supervisor is unable to send vote-by-mail 215 ballots by the date required by s. 101.62(3)(a), the supervisor 216 shall send, no later than 45 days before an election, a special 217 write-in ballot to each absent uniformed services voter and to 218 each overseas voter who has requested a vote-by-mail ballot as 219 required by s. 101.35(3)(d)2. 220 (2)If a voter has provided an e-mail address, the 221 supervisor must e-mail the voter the list of all qualified 222 candidates as soon as it is available. 223 (3)A voter may indicate his or her vote pursuant to s. 224 101.6952(2)(b). 225 (4)(a)A voter who submits a special write-in ballot and 226 later receives an official vote-by-mail ballot may submit the 227 official vote-by-mail ballot. A voter who submits a special 228 write-in ballot and later receives and submits an official vote 229 by-mail ballot should make every reasonable effort to inform the 230 appropriate supervisor that the voter submitted more than one 231 ballot. 232 (b)A special write-in ballot may not be canvassed until 233 after the deadline to receive a vote-by-mail ballot. Each 234 special write-in ballot received by such deadline must be 235 canvassed pursuant to ss. 101.5614(4) and 101.68, unless the 236 voters official vote-by-mail ballot is received by such 237 deadline. If the voters official vote-by-mail ballot is 238 received by the deadline, the special write-in ballot in invalid 239 and the official vote-by-mail ballot must be canvassed. 240 (5)The department shall adopt rules to administer this 241 section including, but need not be limited to, prescribing a 242 uniform special write-in ballot, instructions that each 243 supervisor shall enclose with such ballots instead of the 244 instructions required by s. 101.65, and the format of the e-mail 245 notice required by subsection (2). 246 Section 5.Paragraph (d) of subsection (1) of section 247 114.01, Florida Statutes, is amended to read: 248 114.01Office deemed vacant in certain cases. 249 (1)A vacancy in office shall occur: 250 (d)Upon the resignation of the officer and acceptance 251 thereof by the Governor. In the case of a prospective 252 resignation, including a resignation submitted pursuant to s. 253 99.012, the resignation occurs upon the officer submitting the 254 resignation. 255 Section 6.This act shall take effect July 1, 2025.