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Florida Constitution Revision Commission

PUB 700405: "None of the Above" Option at General Elections by Daniel Walker


Catchline: "None of the Above" general election option for certain offices; secondary general elections.

Other sections of this constitution notwithstanding, when voters deem the choice of candidate at general elections to be unacceptable, voters shall have the choice to select "None of the Above" and to cause secondary general elections.

(1) Every general election ballot shall contain an additional line, placed at the end of the group of lines containing the names of candidates for each elective state and county office; Federal and special district offices are excluded. Each additional line shall contain a place for which the voter may choose that line as the voter would select a candidate, and that additional line shall read, "None of the Above."

(2) If "None of the Above" receives a majority of votes in an election with one candidate for an office, or a plurality of votes in an election with multiple candidates for an office, then no candidate shall be declared the winner. A secondary general election shall be called by the responsible election officer. Candidates defeated by "None of the Above" shall be ineligible for the secondary general election. The day for a secondary general election shall be the forty-second day after the general election.

(3) The legislature shall enact reasonable and equitable laws necessary to carry our the provisions of this section. A secondary general election shall be determined by plurality vote when three or more candidates run for an office, and by majority vote when two candidates run for an office.