99.096  Minor party candidates; names on ballot.--

(1)  A minor political party may have the names of its candidates for offices which are elected on a statewide basis printed on the general election ballot in an election in which one or more of those offices will be filled if a petition requesting that the party be assigned a position on the general election ballot is signed by 3 percent of the registered electors of the state, as shown by the compilation by the Department of State for the last preceding general election.

(2)  A minor political party may have the names of its candidates for offices which are elected on less than a statewide basis printed on the general election ballot in an election in which one or more of those offices are to be filled if such party has obtained signatures on a petition requesting that the party be assigned a position on the general election ballot and such petition is signed by 3 percent of the registered electors of the district, county, or other geographical entity represented by the office, as shown by the compilation by the Department of State for the last preceding general election.

(3)  Petitions to have the names of minor party candidates printed on the ballot shall be provided by the Department of State. The form of the petitions shall be prescribed by the Department of State. A minor political party may obtain such petition forms at any time after the first Tuesday after the first Monday in January preceding said general election.

(4)  A separate petition shall be submitted from each county for which signatures are solicited. The petition shall be submitted to the supervisor of elections of the county prior to noon of the first day of the qualifying period prescribed in s. 99.061(1) for candidates for state office, and the supervisor shall check the names and shall, upon payment of the cost of checking the petitions prescribed in s. 99.097, certify, within 30 days after the first day for qualifying, the number shown as registered electors of the county. The supervisor shall then forward the certificate to the Department of State which shall determine whether or not the percentage factor as required in this section has been met. When the percentage factor has been met, the Department of State shall notify the minor party executive committee that the party has secured a position on the general election ballot.

(5)  The executive committee of the party shall, no later than noon of the first day of the qualifying period prescribed for federal candidates and no later than noon of the first day of the qualifying period for state candidates, submit to the Department of State an official list of the respective candidates nominated by that party to be on the ballot in the general election. The Department of State shall notify the appropriate supervisor of elections of the name of each minor party candidate eligible to qualify before such supervisor. Candidates selected by a party pursuant to this section shall qualify with the Department of State or appropriate supervisor of elections, pay their qualifying fee, and take and subscribe to the oath provided in s. 99.021 during the time prescribed for qualifying for the office sought. Any candidate who is unable to pay such fee without imposing an undue burden on his or her 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 or appropriate supervisor of elections, be exempt from paying the qualifying fee. The official list of nominated candidates may not be changed by the party after having been filed with the Department of State, except that candidates who have qualified may withdraw from the ballot pursuant to the provisions of this code.

History.--s. 5, ch. 70-269; s. 1, ch. 70-439; s. 4, ch. 74-119; s. 8, ch. 77-175; s. 3, ch. 78-188; s. 12, ch. 89-338; s. 1, ch. 90-229; s. 11, ch. 90-315; s. 541, ch. 95-147.