99.0955  Independent candidate for office; name on general election ballot.--

(1)  Any registered elector seeking to have his or her name placed on the ballot at the general election as an independent candidate for an office may have his or her name printed on the general election ballot in which election such office is to be filled, provided the registered elector is otherwise qualified to hold the office that he or she seeks and provided a petition requesting that he or she be assigned a position on the general election ballot is signed by the required number of registered electors. Such person shall obtain the signatures on a petition form prescribed by the Department of State and furnished by the appropriate qualifying officer. Such forms may be obtained from the qualifying officer at any time after the first Tuesday following the first Monday in January preceding the general election.

(2)  A candidate for an office elected on a statewide basis shall obtain the signatures of a number of the qualified electors equal to 3 percent of the registered electors of Florida, as shown by the compilation by the Department of State for the last preceding general election. When joint candidacies for the offices of Governor and Lieutenant Governor are provided by law, independent candidates for the offices of Governor and Lieutenant Governor shall form a joint candidacy, and only one petition shall be used to place both names on the ballot as otherwise provided in this section. A candidate for any federal, state, county, or district office to be elected on less than a statewide basis shall obtain the signatures of a number of the qualified electors of the district, county, or other geographical entity equal to at least 3 percent of the total number of the registered voters of the district, county, or other geographical entity represented by the office sought, as shown by the compilation by the Department of State for the last preceding general election.

(3)(a)  Each candidate for a federal, state, or multicounty district office shall submit a separate petition for each county from which signatures are sought. Each petition shall be submitted, prior to noon of the last day of the qualifying period prescribed in s. 99.061(1) for state office, to the supervisor of elections of the county for which such petition was circulated. Each supervisor to whom a petition is submitted shall check the names and shall, upon payment of the cost of checking the petitions or filing of the oath as prescribed in s. 99.097, certify to the Department of State, within 30 days of the last day for qualifying, the number shown as registered electors of said county. The Department of State shall determine whether or not the required number of signatures has been obtained and shall notify the candidate. If the required number of signatures has been obtained and the candidate has, during the time prescribed for qualifying for the office sought, filed his or her qualifying papers with the Department of State, paid his or her qualifying fee, and taken the oath provided in s. 99.021, such candidate shall be entitled to have his or her name printed on the general election ballot. However, any candidate who is unable to pay such fee without imposing an undue burden on personal resources or upon resources otherwise available to him or her shall, upon written certification of such inability given under oath to the Department of State, be exempt from paying the qualifying fee. The name of each candidate who is entitled pursuant to this paragraph to have his or her name printed on the general election ballot shall be certified to the supervisor of elections of each county affected by such candidacy by the Department of State at the time the names of other candidates to be printed on the general election ballot are certified to each supervisor.

(b)  Each candidate for a county office, or district office not covered by paragraph (a), shall submit his or her petition, prior to noon of the last day of the qualifying period prescribed in s. 99.061(2), to the supervisor of elections of the county for which such petition was circulated. The supervisor shall determine whether the required number of signatures has been obtained and shall, within 30 days of the last day for qualifying, notify the candidate. If the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and the candidate has, during the time prescribed for qualifying for office, filed his or her qualification papers with the supervisor of elections, paid his or her qualifying fee, and taken the oath prescribed in s. 99.021, such candidate shall be entitled to have his or her name printed on the general election ballot. However, any candidate who is unable to pay such fee without imposing an undue burden on personal resources or upon resources otherwise available to him or her shall, upon written certification of such inability given under oath to the supervisor, be exempt from paying the qualifying fee. Upon paying the cost of checking the petitions or filing the oath required by s. 99.097, such candidate shall be entitled to have his or her name placed on the general election ballot.

History.--s. 6, ch. 70-269; s. 1, ch. 70-439; s. 3, ch. 74-119; s. 7, ch. 77-175; s. 2, ch. 78-188; s. 11, ch. 89-338; s. 10, ch. 90-315; s. 540, ch. 95-147; s. 13, ch. 95-280.