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Florida Senate
-
2026
SB 460
By
Senator Polsky
30-00821-26 2026460__
1 A bill to be entitled
2 An act relating to special elections; amending s.
3 100.111, F.S.; revising the timeframe during which a
4 vacancy that occurs in an elective office must be
5 filled by candidates qualifying within the timeframes
6 provided by general law; requiring, rather than
7 authorizing, the Governor to call a special primary
8 election and a special election under a certain
9 circumstance; requiring the Governor to fix the dates
10 of a special election within a specified timeframe
11 after the vacancy occurs; requiring the Governor to
12 consult with the Secretary of State and the applicable
13 supervisor of elections before setting the special
14 election dates; requiring that such dates be the
15 earliest dates feasible; revising and providing
16 timeframes for special primary elections and special
17 elections under certain circumstances; authorizing
18 qualified electors to file a petition in the circuit
19 court seeking judicial determination of an election
20 date under specified conditions; providing that, under
21 specified circumstances, the court has the authority
22 to fix and declare the dates for a special election;
23 requiring the courts to expedite such proceedings;
24 providing exceptions to the timeframes to hold a
25 special election; deleting the authority of the
26 Governor, the President of the Senate, and the Speaker
27 of the House of Representatives to waive specified
28 timeframes if all parties concur; requiring the
29 Governor to fix dates to coincide with an already
30 scheduled election; requiring that special elections
31 to fill certain vacancies be held no later than the
32 election for which a resigning officer seeks to
33 qualify; providing that certain persons are deemed
34 elected under specified circumstances; making
35 technical changes; amending s. 100.141, F.S.;
36 requiring the Governor to consult with certain
37 supervisors of election, in addition to the Secretary
38 of State, before issuing an order declaring the date
39 of a special election; requiring that such order be
40 issued within a specified timeframe after the
41 occurrence of a vacancy; providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsections (1) and (2) of section 100.111,
46 Florida Statutes, are amended to read:
47 100.111 Filling vacancy.—
48 (1)(a) If any vacancy occurs in any office which is
49 required to be filled pursuant to s. 1(f), Art. IV of the State
50 Constitution and the remainder of the term of such office is 28
51 months or longer, then at the next general election a person
52
must
shall
be elected to fill the unexpired portion of such
53 term, commencing on the first Tuesday after the first Monday
54 following such general election.
55 (b) If such a vacancy occurs
before
prior to
the
ninth day
56
before the
first day set by law for qualifying for election to
57 office at such general election, any person seeking nomination
58 or election to the unexpired portion of the term
must
shall
59 qualify within the time prescribed by law for qualifying for
60 other offices to be filled by election at such general election.
61 (c) If such a vacancy occurs
before
prior to
the primary
62 election but on or after the
ninth day before the
first day set
63 by law for qualifying, the Secretary of State
must
shall
set
64 dates for qualifying for the unexpired portion of the term of
65 such office. Any person seeking nomination or election to the
66 unexpired portion of the term
must
shall
qualify within the time
67 set by the Secretary of State. If time does not permit party
68 nominations to be made in conjunction with the primary election,
69 the Governor
must
may
call a special primary election to select
70 party nominees for the unexpired portion of such term
and, if
71
necessary, a special election
.
72 (2) Whenever there is a vacancy for which a special
73 election is required pursuant to s. 100.101, the Governor
, after
74
consultation with the Secretary of State,
shall fix the dates of
75 a special primary election and a special election
within 14 days
76
after the vacancy occurs
. Nominees of political parties shall be
77 chosen under the primary laws of this state in the special
78 primary election to become candidates in the special election.
79
(a)
Before
Prior to
setting the special election dates, the
80 Governor shall
consult with the Secretary of State and the
81
supervisor of elections
consider any upcoming elections in the
82
jurisdiction
where the special election will be held. The dates
83 fixed by the Governor
must
shall
be
the earliest dates feasible,
84
must be
specific days certain
,
and
may
shall
not be established
85 by the happening of a condition or stated in the alternative.
86 The dates fixed
must
shall
provide a minimum of
8
2
weeks
87 between each election
, but no more than 12 weeks
.
If a vacancy
88
occurs in the office of state senator or member of the House of
89
Representatives less than 126 days before the first day of the
90
regular legislative session, the Governor must, within 5 days
91
after the occurrence of the vacancy, fix the dates of a special
92
primary election and a special election to fill the vacancy. The
93
dates set by the Governor must provide for at least 2 weeks
94
between the special primary election and the special election
95
and must ensure that both elections are held before the first
96
day of the regular legislative session to prevent a lapse in
97
representation.
98
1.
If the Governor fails to issue an order setting the
99
dates of the special primary election and special election
100
within the days prescribed in this subsection, any qualified
101
elector residing within the affected district may file a
102
petition in the circuit court having jurisdiction seeking
103
judicial determination of such election dates.
104
2.
Upon finding that the Governor has failed to comply with
105
this subsection, the circuit court shall have the authority to
106
fix and declare the earliest feasible and lawful dates for the
107
special primary election and special election, consistent with
108
the requirements of this chapter and the Florida Election Code.
109
3.
The court shall expedite consideration of any petition
110
filed under this subsection to ensure the timely filling of the
111
vacancy and to safeguard the right of representation for voters
112
within the affected district.
113
(b)
The special election must be held no later than 126
114
days after the vacancy occurs, except in the following cases:
115
1.
If a supervisor where the special election will be held
116
certifies that holding the special election within the required
117
time period would conflict with scheduled elections and impose
118
an undue hardship on the orderly administration of elections,
119
the special election must be held no later than 175 days after
120
the vacancy occurs.
121
2.
In the event a vacancy occurs in the office of state
122
senator or member of the House of Representatives when the
123
Legislature is in regular legislative session, the minimum times
124
prescribed by this subsection may be waived upon concurrence of
125
the Governor, the Speaker of the House of Representatives, and
126
the President of the Senate.
If a vacancy occurs in the office
127 of state senator and no session of the Legislature is scheduled
128 to be held prior to the next general election, the Governor may
129 fix the dates for the special primary election and for the
130 special election to coincide with the dates of the primary
131 election and general election.
132
3.
If a vacancy in office occurs in any district in the
133 state Senate or House of Representatives or in any congressional
134 district, and no session of the Legislature, or session of
135 Congress if the vacancy is in a congressional district, is
136 scheduled to be held during the unexpired portion of the term,
137 the Governor is not required to call a special election to fill
138 such vacancy.
139
(c)
If possible, the Governor must fix dates to coincide
140
with scheduled elections where the special election will be
141
held. A special election held to fill a vacancy caused by a
142
resignation submitted pursuant to s. 99.012 must be held no
143
later than the election for which the resigning officer seeks to
144
qualify.
145
(d)
(a)
The dates for candidates to qualify in such special
146 election or special primary election
must
shall
be fixed by the
147 Department of State, and candidates
must
shall
qualify
no
not
148 later than noon of the last day so fixed. The dates fixed for
149 qualifying
must
shall
allow a minimum of 14 days between the
150 last day of qualifying and the special primary election.
151
(e)
(b)
The filing of campaign expense statements by
152 candidates in such special elections or special primaries and by
153 committees making contributions or expenditures to influence the
154 results of such special primaries or special elections
may
shall
155
be
not
be
later than such dates as
shall be
fixed by the
156 Department of State, and in fixing such dates the Department of
157 State shall take into consideration and be governed by the
158 practical time limitations.
159
(f)
(c)
The dates for a candidate to qualify by the petition
160 process pursuant to s. 99.095 in such special primary or special
161 election shall be fixed by the Department of State. In fixing
162 such dates the Department of State shall take into consideration
163 and be governed by the practical time limitations. Any candidate
164 seeking to qualify by the petition process in a special primary
165 election
must
shall
obtain 25 percent of the signatures required
166 by s. 99.095.
167
(g)
(d)
The qualifying fees and party assessments of such
168 candidates as may qualify
must
shall
be the same as collected
169 for the same office at the last previous primary for that
170 office. The party assessment
must
shall
be paid to the
171 appropriate executive committee of the political party to which
172 the candidate belongs.
173
(h)
(e)
Each county canvassing board shall make as speedy a
174 return of the result of such special primary elections and
175 special elections as time will permit, and the Elections
176 Canvassing Commission likewise shall make as speedy a canvass
177 and declaration of the nominees as time will permit.
178
(i)
If only one candidate qualifies in a special election,
179
he or she is deemed elected on the last day of the qualifying
180
period. If the winner of a special primary election does not
181
have opposition in the special election, he or she is deemed
182
elected at the special primary election. In either case, the
183
person elected takes office upon election or upon the office
184
becoming vacant, whichever occurs later.
185 Section 2. Subsection (1) of section 100.141, Florida
186 Statutes, is amended to read:
187 100.141 Notice of special election to fill any vacancy in
188 office.—
189 (1) Whenever a special election is required to fill any
190 vacancy in office, the Governor, after consultation with the
191 Secretary of State
and the supervisor of elections of any
192
affected county
, shall issue an order declaring on what day the
193 election shall be held and deliver the order to the Department
194 of State.
The Governor shall issue the order within 14 days
195
after the occurrence of the vacancy or, for vacancies arising
196
due to a resignation pursuant to s. 99.012, within 14 days after
197
the written resignation is submitted to the Governor, whichever
198
is sooner.
199 Section 3. This act shall take effect July 1, 2026.