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Florida Constitution Revision Commission

PUB 700226: Open Primaries; Saturday Primaries; Closing the "Write-in Loophole" by Trevor Tezel

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

SECTION 5.Primary, general, and special elections.
  1. A primary election shall be held in each county as provided by general law. In a primary election, a qualified elector may vote the official primary election ballot of any political party participating in such election. Each such elector must be given access to the ballots of all political parties participating in such primary election, but may vote one ballot only.
  2. 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. All other elections, including primary, special, bond and referendum elections, shall be held on a Saturday at least 10 weeks prior to the general election. 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.
  3. If all candidates for an office have the same party affiliation and the winner will have no opposition in the general election except from a write-in candidate, all qualified electors, regardless of party affiliation, may vote in the primary elections and, if necessary, in the general election for that office. Elections for such office shall be held as follows:
    1. The names of such candidates shall be placed on the primary election ballot of each political party holding a primary election and on a ballot for voters registered without party affiliation or registered in a party not holding a primary election.
    2. If a candidate receives a majority of the votes in the primary election, and no write-in candidate qualified, then the candidate shall be deemed elected to that office and not appear on the general election ballot.
    3. If a candidate receives a majority of the votes in the primary election and a write-in candidate qualified, then the name of the candidate shall be placed on the general election ballot, along with a space for a write-in candidate.
    4. If no candidates receive a majority of votes in the primary election, the names of the two candidates receiving the highest number of votes for that office shall be placed on the general election ballot. If a write-in candidate qualified, there shall also be a space for a write-in candidate.