Division of Elections

Voter Registration - Click on question to reveal answer.Back

1. Who can register to vote?

In order to register to vote, a person must:

• Be a citizen of the United States of America
• Be a Florida resident;
• Be 18 years old (you may preregister if you are 16 years old);
• Not now be adjudicated mentally incapacitated with respect to voting in Florida or any other state;
• Not have been convicted of a felony in Florida, or any other state, without your civil rights having been restored;
• Provide your current and valid Florida driver's license number or Florida identification card number. If you do not have a current and valid Florida driver’s license number or Florida identification card, you must provide the last four digits of your Social Security number. If you do not have a FL DL#, FL ID card#, or SSN, write “NONE” in the box provided on the voter registration application.
2. How do I register to vote?

To apply to register to vote, you must obtain and complete a voter registration application. To request a Florida Voter Registration Application:

• Contact the office of your County Supervisor of Elections and request an application; or
• Fill in the PDF application on our website. Print, sign and mail the application to the office of your County Supervisor of Elections, or;
• Print the application on our website. Complete the application, sign, and mail the application to the office of your County Supervisor of Elections. The Florida Voter Registration Application requires an original signature.

The Florida Voter Registration Application requires an original signature.

3. When do I need to use the voter registration application?

You may use the Florida Voter Registration Application to begin the process to:

• Register to vote in the State of Florida.
• Change your name or address.
• Replace your defaced, lost, or stolen voter information card.
• Register with a political party or change your party affiliation.
• Update your signature.
4. Do you have an online voter registration application?

Yes, you may use our online voter registration application to apply to register to vote.

You may complete the application online, print, sign, and mail the application to the office of your county supervisor of elections. The Florida Voter Registration Application requires an original signature.

5. I am in the military. What do I need to do to apply to register to vote?

The Federal Voting Assistance Program provides the Federal Postcard Application for use by uniformed and overseas citizens. This application also provides information regarding absentee ballots. You may want to contact the office of the county supervisor of elections where you would like to apply to register to vote to obtain additional information.

6. What is the deadline to apply to register to vote?

The registration books will be closed on the 29th day before each election and will remain closed until after that election. Those dates are listed on our website.

7. I have just moved. Is there anything I need to do about my voter registration?

Yes, your voter registration should always reflect your current residence address. If you move within a county after you have registered to vote, please notify your Supervisor of Elections. You may provide a signed, written notice to your Supervisor, call your Supervisor or send an e-mail. If you call or send an e-mail, you must also include your date of birth with your change of address.

If you move to another Florida county, use the Florida Voter Registration Application to change your address and mail the application to your Supervisor of Elections.

Federal and State laws require you to vote in the precinct of your legal residence.

8. I am registered in Broward County and moved to Duval County. I did not change my voter registration. Can I still vote?

Yes. If there is not time before the election to send an address change to the Supervisor of Elections you will be allowed to update your address at the polls on Election Day. You must vote in the precinct of your current legal residence. You should contact the Supervisor of Elections in Duval County to find out where the precinct for your residence is located.

9. I did not vote in the last election. Do I need to re-register to vote?

Usually, you are registered to vote for as long as you remain at the same address and you should continue to receive election materials in the mail. However, if you have not voted in the last several elections, you may want to contact the office of your Supervisor of Elections to verify that you are still registered to vote.

10. I have not received my voter information card. What do I need to do?

Contact the office of your Supervisor of Elections where you applied to register to vote to inquire about your voter information card. It may take up to a month or more for you to receive your voter information card.

11. I need another voter information card. How do I get a new card?

Contact the office of the county supervisor of elections where you are registered to vote to request a replacement voter information card.

12. I would like to request an absentee ballot. How do I do that?

Contact the office of the county supervisor of elections where you are registered to vote to request an absentee ballot.

13. Is Florida a closed primary state?

Yes, Florida is a closed primary state. Only voters who are registered members of political parties may vote for their respective party’s candidates in a primary election. However, if all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified voters, regardless of party affiliation, may vote in the primary election for that office. At general elections, all voters receive the same ballot and may vote for any candidate or question on the ballot. If there are write-in candidates, a space will be left on the ballot where a write-in candidate's name may be written.

14. How does a felon get voting rights restored?

Contact the Office of Executive Clemency to obtain the required information.

15. Why is the Department of Highway Safety and Motor Vehicles involved in voter registration?

The National Voter Registration Act of 1993 permits persons conducting business with a driver license office to apply to register to vote or to update their voter registration information.

16. Where can I find voter registration statistical information on the Internet?

Voter registration statistical information is available on our website.

17. What do I need to do if I move to another county in Florida?

If you move to another county in Florida, you must vote in your new county. If you have not provided change of address information to the supervisor of elections prior to the election, you will be required to provide that information before you can vote. In order to avoid delays at the polling place, you should update your address whenever you move. If you have any questions, you may want to contact your county Supervisor of Elections office.

18. What do I need to do if I change my address in the same county where I am registered to vote?

If you move your residence outside your assigned precinct, you must vote in the precinct to which you have moved. If you move, you must contact your county Supervisor of Elections office.

Generally, you cannot vote in any precinct other than the one in which you live and are registered. However, if you are temporarily living outside your home county, you can apply to be registered and vote in the precinct that contains the main office of the supervisor of elections. These voters will not be registered to vote in municipal elections.

19. I am registered in Broward County and moved to Duval County. I did not change my voter registration. Can I still vote?

Yes. If there is insufficient time before the Election to send an address change to the Supervisor of Elections you will be allowed to update your address at the polls on Election Day. You must vote in the precinct of your current legal residence. You should contact the Supervisor of Elections in Duval County to find out where the precinct for your residence is located.

1. Will my vote in Florida’s 2008 Presidential Preference Primary Election count?

Yes. The State of Florida will conduct the election and tabulate, report, and certify the election results as it always has, even though the Florida Legislature recently moved Florida’s Presidential Preference Primary Election from the second Tuesday in March to the last Tuesday in January. As soon as the official results are compiled from all the counties, the Elections Canvassing Commission will certify the returns of the election, including the number of votes cast in each Congressional District for every Democratic and Republican candidate for President.

It is the national political parties, not the states, which ultimately select the presidential nominees to be voted on in the general election. After all states have conducted their respective presidential primaries or caucuses, the national political parties conduct national conventions at which they select their respective presidential nominees according to the allocation of delegates set forth in their previously-adopted rules. As a penalty for moving the Florida primary to January against party rules, the Democratic National Committee has expressed an intention to forfeit all of Florida’s delegates to the national convention. The Republican National Committee has expressed an intention to reduce the number of Florida’s delegates by half.

If you have questions regarding the manner in which the national political parties will select their candidates at the national convention, we suggest you contact the political parties directly.

Any revocation of delegates by the political parties at their national conventions will not affect the number of electors allocated to Florida in the Electoral College for purposes of selecting the President and Vice President.

2. How do I become a poll worker?

On election days, the supervisors of elections are among the largest employers of their counties, hiring many workers to conduct the election. Poll workers are required to attend training and are paid for their work on election day. If you are interested in becoming a poll worker, you should contact your supervisor of elections.

3. What percentage comprises a win in the primary?

The partisan candidate receiving the highest number of votes will be nominated. In nonpartisan races, if no candidate receives a majority of the votes, the top two candidates will be voted on in the general election.

4. I want to vote in the primary. Do I have to be a Democrat or Republican?

Since Florida is a closed primary state, only voters who are registered members of the two major political parties (Republicans and Democrats) may vote for their respective party's candidates in a primary election. Registered minor political party voters and voters without party affiliation are not eligible to vote for major party candidates in a primary election. However, if all candidates for an office have the same party affiliation and the winner will have no opposition in the general election, all qualified voters, regardless of party affiliation, may vote in the primary election for that office. At general elections, all voters receive the same ballot and may vote for any candidate or question on the ballot. If there are write-in candidates, a space will be left on the ballot where a write-in candidate's name may be written.

5. Must a poll watcher be a registered voter?

Yes. Each poll watcher must be a registered voter of the county in which he or she serves.

6. May a candidate serve as a poll watcher?

No candidate, sheriff, deputy sheriff, police officer or other law enforcement officer may serve as a poll watcher.

7. Are all judges retained in office by voting "for retention" or "against retention?"

No. Justices of the Supreme Court and Judges of the District Courts of Appeal are subject to retention voting. Circuit judges and county judges are subject to election just like other candidates except where a local option has passed calling for selection of these judges by merit selection and retention voting. (Sections 105.041(2), 105.051(2), F.S., and Article V, Section 10, Florida Constitution)

1. What times are the polls open on election day?

Polls are open from 7 a.m. until 7 p.m. on election day. Any voter who is standing in line at 7 p.m. is eligible to cast a vote.

2. What kind of identification do I need to bring to the polls?

When you go to the polling place to vote, you will be asked to provide a current and valid picture identification with a signature. Approved forms of picture identification are: Florida driver's license; Florida identification card issued by the Department of Highway Safety and Motor Vehicles; United States passport; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; and public assistance identification. (Section 101.043, F.S.) If the picture identification does not contain a signature, you will be asked to provide an additional identification with your signature.

3. Can I still vote if I do not bring identification?

Yes. You should not be turned away from the polls because you do not bring identification. If you do not have the proper identification, you will be allowed to vote a provisional ballot.

4. What else do I have to do if I vote a provisional ballot?

If you vote a provisional ballot solely because you did not provide an acceptable photo and signature identification at the polls, you do not need to provide any further evidence of your eligibility in order for your ballot to count. You will be provided a written notice of your rights as a provisional ballot voter. (Section 101.048, F.S.) The local canvassing board will simply compare your signature on the provisional ballot certificate with the signature on your voter registration record. If the signatures match, your provisional ballot will be counted.

If you vote a provisional ballot for other reasons (for example, your eligibility is challenged by another person, you are in the wrong precinct when you vote, you do not appear on the precinct register, etc.), you will be provided written notice of your right to present evidence of your eligibility. You must provide the evidence to your respective supervisor of elections no later than 5 p.m, of the second day following the election. (Section 101.048, F.S.) The local canvassing board will examine your provisional ballot certificate and all other information and evidence available. Then based on a preponderance of the evidence, the board will determine whether to count your provisional ballot.

5. How do I find out if my provisional ballot was counted?

Instructions on how to find out if your provisional ballot was counted, and if not, the reason(s) why, will be contained in your notice of rights handed to you at the time that you vote a provisional ballot. Information as to whether your provisional ballot was counted or not must be made available no later than 30 days following the election. (Sections 101.048(5)-(6), F.S.)

6. How do I vote absentee?

A voter, or member of the voter's immediate family or the voter's legal guardian, if directly instructed by the voter, may request an absentee ballot. Contact the office of the county supervisor of elections where you are registered to vote to request an absentee ballot. If you would like to have an absentee ballot mailed to you, contact your supervisor of elections by 5 p.m. on the sixth day before the election. You may telephone your request or send the request in writing. Provide the following information in your request to your supervisor of elections: your name; your address; and your date of birth. If you send the request in writing, you must sign the request.

7. I have requested an absentee ballot and now I have changed my mind and want to vote at the polls. May I?

Yes. If you received your absentee ballot, you should return it, whether voted or not, to the poll workers on election day. Your absentee ballot will be voided and you will be allowed to vote at the polls.

8. Does Florida allow early voting?

Yes. The 2004 Legislature passed legislation which standardized early voting throughout the state. Early voting is defined as "casting a ballot prior to election day at a location designated by the supervisor of elections and depositing the voted ballot in the tabulation system".

All supervisors will begin conducting early voting in their main and branch offices 15 days before the election. In addition, supervisors may designate any city hall or public library as an early voting site; however, if so designated, these sites must be geographically located so that all voters in the county will have an equal opportunity to cast a vote. Early voting ends on the 2nd day before the election.

Early voting will be conducted 8 hours per day on each weekday during the early voting period and will be provided for 8 hours in the aggregate for each weekend during the period. Early voting periods for special elections, municipalities and special districts are different. See s. 101.657(1)(d)-(f), F.S..

Voters who want to vote early should remember to bring a photo and signature identification with them.

Contact your supervisor of elections for locations, dates and times of early voting.

Initiative Petition Process-

See Initiative Petition Process

1. What are the residency requirements for candidates?
• President of the United States: a natural born citizen and resident of the U.S. for the last 14 years.
• United States Senator:a citizen of the U.S. for at least 9 years and resident of the state when elected.
• Representative in Congress: a citizen of the U.S. for at least 7 years and resident of the state when elected.
• Governor and Lieutenant Governor: an elector and resident of the state for the preceding 7 years.
• Cabinet Members: an elector and resident of the state for the preceding 7 years.
• Public Defender: an elector and resident of the circuit upon taking office.
• State Senator: an elector and resident of the district upon taking office and a resident of the state for at least 2 years prior to election.
• State Representative: an elector and resident of the district upon taking office and a resident of the state for at least 2 years prior to election.
• Justice of the Supreme Court: an elector and resident of the state upon taking office.
• Judge, District Court of Appeal: an elector and resident of the state upon taking office.
• County Offices: (See DEO 94-04).

(The United States Constitution and The Constitution of the State of Florida)

2. If I want to be a no party affiliation candidate, can I still be registered to vote as a Republican or Democrat?

Yes. Any registered elector who qualifies for office without party affiliation will have their name placed on the ballot at the general election without party affiliation. (Section 99.0955(1), F.S.)

3. Do I have to designate a campaign treasurer and depository before I make public my intention to run for office?

No. A person must appoint a campaign treasurer and designate a depository prior to qualifying for office, obtaining petitions, accepting contributions or making expenditures. Nothing in the election laws prohibits a person from announcing their intention to become a candidate prior to designating a treasurer or depository as long as no contributions are received and no expenditures are made in connection with that announcement. (Section 106.021, F.S.)

4. What if I want to change my campaign treasurer or other officers?

File a reappointment of campaign treasurer (Form DS-DE 9) with the filing officer along with a copy of the letter of resignation or removal.

5. How are judges elected in Florida and what are their terms?

• Merit Retention

  Not all judges in Florida are elected to office. Supreme Court Justices and Judges of the District Court of Appeal are always appointed by the Governor from a list of three to six candidates presented by the Judicial Nominating Commission for that court. Once appointed, they must serve at least one year before the next general election and, thereafter, must face a "yes" or "no" vote every six years as to whether they will remain in office. If a judge is not retained the appointment process starts again. Further information can be obtained from the Florida State Courts website at www.flcourts.org.

• Elected Judges

  Circuit judges and county court judges have six year terms that begin on the first Tuesday after the first Monday in January following the general election. They are on the primary and general election ballots the year before the term ends in January. If a judicial candidate receives a majority of the votes at the primary election, the candidate's name will not appear on the general election ballot unless a write-in candidate has qualified for the same office. If no candidate receives a majority of the votes at the primary election, the names of the two candidates receiving the highest number of votes will appear on the general election ballot. The candidate receiving the highest number of votes at the general election is elected to office.

6. Can a judicial candidate speak at a political party function?

A judicial candidate may attend and speak in his own behalf at political party functions. However, care must be exercised to insure compliance with the election laws and the Code of Judicial Conduct. (Chapter 105, F.S. and DEO 78-34)

7. I am a county court judge candidate. Where do I file and qualify?

You must file your appointment of campaign treasurer and designation of campaign depository and qualify with the supervisor of elections office in the county where you reside. (Section 105.031, F.S.)

8. When can I start collecting signatures to qualify as a petition candidate?

Before collecting any signatures, all candidates (except federal candidates) must file the Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) with the filing officer. Each petition must be submitted before noon of the 26th day preceding the first day of the qualifying period for the office sought to the Supervisor of Elections of the county in which such petition was circulated.

1. What information must be included on a political disclaimer?

• Political advertisement paid for by a candidate:

  "Political advertisement paid for and approved by (name of candidate) (party affiliation) for (office sought)."

• Political advertisement not paid for by a candidate:

  "paid political advertisement" or "pd. pol. adv." "(name and address of the persons sponsoring the advertisement)"

• Political advertisement not paid for by a candidate, that supports a candidate, but is not an independent expenditure:

  "paid political advertisement" or "pd. pol. adv." "(name and address of the persons sponsoring the advertisement)" "No candidate approved this advertisement."

(For more disclaimer examples see "http://election.dos.state.fl.us/pdf/adHandout.pdf)

2. Can my political ad say "re-elect" if I'm not the incumbent?

The word "re-elect" may not be used if the candidate is not the incumbent for the office sought. The word "for" must be used between the name of the candidate and the office sought. (Section 106.143(5), F.S.)

3. What is an electioneering communication?

Paid expressions other than the spoken word that refer to or depict a clearly identified candidate or issue, but do not expressly advocate the election or defeat of a candidate or issue. Expressly advocate means the communication has words such as "vote for," "vote against" or "elect." (Section 106.011(18), F.S.)

4. Do electioneering communications need disclaimers?

Yes. The disclaimer must read:

"Paid electioneering communication paid for by (name and address of person paying for the communication)" (Section 106.1439, F.S.)

5. Do I have to report expenditures for electioneering communications?

Yes. If the expenditure is not otherwise reported, it must be reported if the expenditure was $100 or more. It is reported in the same manner, at the same time and subject to the same penalties as are political committee expenditures. (Section 106.071(1), F.S.)

1. Do candidates for precinct committeeperson have to file campaign reports and comply with Chapter 106, F.S.?

No. Persons seeking election to political party executive committees are specifically exempt from the definition of "candidate" and are therefore not subject to the requirements of Chapter 106, F.S. (Sections 103.091 and 106.011(16), F.S.)

2. May a candidate appoint himself or herself as campaign treasurer?

Yes. (Section 106.021(1)(c), F.S.)

3. How many deputy treasurers may a candidate or political committee have?

Candidates for statewide office may appoint up to 15 deputy treasurers. Other candidates and political committees may appoint up to 3 deputy treasurers. (Section 106.021(1)(a), F.S.)

4. Can a deputy treasurer file and submit campaign reports?

Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer in the case of a candidate, or the campaign treasurer and chairperson in the case of a political committee. (Section 106.021(4), F.S.)

5. Who is responsible for keeping tabs on aggregate totals of campaign contributions?

The campaign treasurer is responsible for receiving and reporting all contributions. (Section 106.06, F.S.)

6. May a candidate accept a contribution from a trust fund?

Yes. Chapter 106, F.S., defines a "person" as an individual, corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term also includes a political party, political committee or committee of continuous existence. (Section 106.011(8), F.S.)

7. Do I have to itemize small contributions of $5, $10, $50, etc.?

Yes. The law provides no exceptions for the reporting of contribution information, regardless of the size of the contribution. The full name and address of the contributor are also required. (Section 106.07(4)(a), F.S.)

8. Are in-kind contributions subject to the same limitations as monetary contributions?

Yes. In Chapter 106, F.S., the definition of a "contribution" includes contributions in-kind having an attributable monetary value in any form. Therefore, in-kind contributions are subject to the same limitations set for monetary contributions. (Section 106.011(3) and 106.08, F.S.)

9. How is the value of an in-kind contribution determined?

The contributor must inform the person receiving the contribution of the fair market value at the time it is given. (Section 106.055, F.S.)

10. Can a corporation give to a candidate, political committee or political party?

Yes. A corporation is under the definition of a "person" in Chapter 106, F.S. (Section 106.011(8), F.S.)

11. Would a corporation have to file as a political committee if it contributes to a candidate or other political committee?

Corporations are exempt from the definition of a "political committee" as long as the corporation's activities are limited to contributions to candidates or political committees, or expenditures in support of or in opposition to an issue, from corporate funds. Corporations remove themselves from this exemption if they solicit or receive contributions outside their corporate funds for political purposes. (Section 106.011(1), F.S.)

12. I am opposed in the general election, but I have no opposition in the primary election, therefore, my name will not be on the primary election ballot. Must I abide by the prohibition on accepting contributions less than five days prior to the primary election?

No. Only candidates opposed in the primary election are required to comply. However, since you are opposed and your name will appear on the general election ballot, you are required to abide by the prohibition on accepting contributions less than 5 days prior to the general election. (Section 106.08(3), F.S.)

13. I was given cash at a rally and have no information on who it is from? What do I do?

Report this contribution on your campaign report but do not spend these funds on the campaign. After the campaign is over, dispose of the funds pursuant to Section 106.141, F.S. (DEO 89-02)

14. As a candidate, what can I do with leftover campaign funds?

You may disburse of funds by any of the following means or a combination thereof:

• return pro rata to each contributor;
• donate to a charitable organization or organizations that meet the qualifications of s. 501(c)(3) of the Internal Revenue Code;
• give not more than $10,000 to the political party of which the candidate is a member (except that a candidate for State Senate may give not more than $30,000);
• in the case of a candidate for state office, give the funds to the state to be deposited in the General Revenue Fund; or
• in the case of a candidate for an office of a political subdivision, to such political subdivision to be deposited in the general fund thereof.

Candidates who have received contributions for public campaign financing shall return all surplus funds to the state.

Candidates shall reimbursement the state or local government entity, in the order listed below, if they:

• filed an oath stating they were unable to pay the election assessment; and/or
• filed an oath stating they were unable to pay the fee for the verification of petition signatures without imposing an undue burden on his or her personal resources or on resources otherwise available to him or her, or
• qualified by the alternative method and was not required to pay an election assessment.

In addition to the methods listed above, a candidate elected to office (or will be elected by virtue of being unopposed) may transfer funds from the campaign account to an office account to be used only for legitimate expenses in connection with the candidate's public office. The amount which can be transferred is limited pursuant to Section 106.141(5), F.S. (Section 106.141(5), F.S.)

15. Can I combine my leftover campaign funds with a legislative account?

No. The office account must be separate from any other account (including a legislative account). (Section 106.141, F.S.)

16. I am an elected official and still have funds in my office account. I am now beginning my re-election campaign. May I place the surplus funds in the office account into my campaign account for re-election?

No. Funds retained by elected officials in their office accounts may only be used for legitimate expenses in connection with their public office. (Section 106.141(5), F.S.)

17. Do I have to file campaign reports on the Electronic Filing System (EFS)?

If the Division of Elections is your filing officer, you are required to file all campaign reports via the EFS. If your filing officer is other than the Division of Elections, you must contact their office to find out their requirements. (Section 106.0705, F.S.)

18. Are there exceptions for sending a paper copy of a report?

Amendments to reports that were filed after January 1, 2005, must be filed using the EFS. Amendments to reports that were filed prior to January 1, 2005, and were on magnetic diskette or paper must conform to Division of Elections specifications in effect when the original reports were filed.

19. If my treasurer is out of town, can I have an extension to file my report?

No. The election laws do not provide for an extension under these circumstances. (Sections 106.04(4)(b)1., 106.07(2)(b) and (3), F.S.)

20. If I make a mistake on my report can I go back in and correct it on the EFS?

Once the report is submitted to the Division of Elections, the EFS will not permit you to go back and make changes. In order to correct mistakes or add and delete information, you must submit an "amendment."

21. If I am late submitting my report, how is my fine calculated?

Candidates, political committees, electioneering communication organizations and independent expenditures: $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater for the period covered by the late report. However, for reports immediately preceding the primary and general election, the fine shall be $500 per day for each day, not to exceed 25%of the total receipts or expenditures, which is greater, for the period covered by the late report.

22. Committees of continuous existence:

$50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater for the period covered by the late report.

23. State and county executive committees:

$1,000 for a state executive committee and $50 for a county executive committee per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, if an executive committee fails to file a report on the Friday immediately preceding the general election, the fine is $10,000 per day for each late day a state executive committee is late and $500 per day for each day a county executive committee is late.

24. How long are campaign records kept at the Division of Elections or the Supervisor of Elections Offices?

Ten years from the date of receipt. (Sections 98.015(5) and 106.22(4), F.S.)

1. What is the difference between a political committee and a committee of continuous existence?

Political Committees

• May support or oppose candidates, issues, political committees or political parties.
• May make independent expenditures.

Committees of Continuous Existence

• May make contributions to candidates, committees or political parties.
• May contribute to political committees supporting or opposing issues.
• May not make electioneering communications.
• May not make independent expenditures.
• Must organize and operate in accordance with a charter or bylaws containing procedures for the election of officers and define membership.
• Must receive at least 25% of the income from membership dues.
• May transmit monies between committees.

(Sections 106.011, 106.04, F.S. and DEO 76-31)

2. When do I need to file as a committee?

A combination of two or more individuals (including organizations) must file as a committee and submit campaign reports when during a calendar year, in access of $500 aggregate, they:

• Accept contributions or make expenditures to expressly advocate the election or defeat of a candidate or issue;
• Contribute to any candidate, committee or political party; or
• Sponsor a proposed constitutional amendment by initiative and intend to seek signatures of registered electors.

(Section 106.011(1), F.S.)

3. Where do I file as a committee?

Division of Elections

• Political committees supporting or opposing statewide, legislative or multicounty candidates or issues;
• Political committees that would otherwise be required to file in two or more locations by reason of the committee's intention to support or oppose candidates or issues at state or multicounty and local levels; and
• All committees of continuous existence.

Supervisor of Elections

• Political committees supporting or opposing countywide or less than countywide candidates or issues (except municipal).

Municipal Clerk

• Political committees supporting or opposing municipal candidates or issues.

(Sections 106.03 and 106.011(1)(b)3., F.S.)

4. Are there circumstances in which a committee of continuous existence would need to file with the supervisor of elections?

No. Committees of continuous existence file and submit campaign reports with the Division of Elections.

5. As a Republican Club, am I required to file as a political committee?

A political party "club" is not considered a political party executive committee. If the club is receiving contributions or making expenditures, as these terms are defined in Section 106.011, F.S., in excess of $500 in the aggregate per calendar year, they are required to file as a committee. (Section 106.011, F.S.)

6. If I give a contribution to a Florida congressional candidate, do I have to file as a committee?

No, but it is recommended that you contact the Federal Election Commission in Washington, DC at 1-800-424-9530 for information regarding contributions to federal candidates.

7. How much money can I give to a political committee?

The contribution is $500 per election to a political committee supporting or opposing candidates. There is no limit on the amount that can be contributed to a political committee supporting or opposing issues only. (Section 106.08, F.S.)

8. What if my committee wants to change the campaign treasurer or other officers?

Political Committees:

file a reappointment of campaign treasurer (Form DS-DE 6) with the filing officer along with a copy of the letter of resignation or removal. To change the chairperson, a notice in writing is sufficient. (Section 106.021(2), F.S.)

Committees of Continuous Existence:

file either a change of information (Form DS-DE 1) or a letter informing of the change with the Division of Elections. (Section 106.04, F.S.)

9. I want to close my committee. What do I need to do?

Notify the filing officer in writing as soon as possible. (Section 106.03(5), F.S.)

10. What can my committee do with leftover funds?

They can be disbursed pursuant to the section relating to disposal of residual funds on the Statement of Organization of Political Committee or the Application for Certification for Committees of Continuous Existence that was filed with the filing officer.

1. Where is the “resign-to-run” law located?

The “resign-to-run” law is in section 99.012, Florida Statutes.

2. What does the “resign-to-run” law state?

The “resign-to-run law” essentially prohibits an elected or appointed “officer” from qualifying as a candidate for another state, district, county or municipal public office if the terms or any part of the terms overlap with each other if the person did not resign from the office the person presently holds. (Section 99.012(3), Florida Statutes.)

3. Are there any exceptions to the “resign-to-run” law?

Yes. The “resign-to-run” law does not apply to 1) political party offices, or 2) persons serving without salary on an appointed board or authority. (Section 99.012(6), Florida Statutes.) See the response to Question 11, below, concerning exemptions to the “resign-to-run” law. Also, portions of the “resign-to-run” law do not apply to federal officers or candidates for federal office. (See the responses to Questions 15 and 16, below.)

4. Who is an “officer” for purposes of the “resign-to-run” law?

An “officer” is a person, whether elected or appointed, who has the authority to exercise the sovereign powers of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, an “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter. (Section 99.012(1), Florida Statutes.)

Florida case law further explains that an “officer” is one who exercises some portion of the sovereign power, either in making, executing or administering the laws and who derives his or her position from a duly and legally authorized election or appointment, whose duties are continuous in nature and defined by law, not contract.

Examples of “officers” include, but are not limited to: mayors, city and county commissioners, state legislators, supervisors of elections, sheriffs, property appraisers, judges, school board members, superintendents of school, state attorneys and public defenders, municipal fire chiefs, medical examiners, and elected hospital board and airport authority members.

5. If an officer must resign under the “resign-to-run” law, when must the officer resign and when must the resignation take effect?

The resignation must be submitted in writing at least 10 days prior to the first day of qualifying for the office the person intends to seek. (Section 99.012(3)(c), Florida Statutes.) (The qualifying dates for elections to particular offices can be obtained from the county supervisor of elections office.)

The resignation must take effect no later than the earlier of the following dates:

1. The date the officer would take office, if elected; or
2. The date the officer’s successor is required to take office.

(Section 99.012(3)(d), Florida Statutes.)

6. I am a school board member and I will not seek re-election at the next general election; instead, I wish to qualify to run for state representative. Do I have to submit a resignation under the resign-to-run law?

Yes. Section 100.041, Florida Statutes, reflects that the term of office of a state representative begins upon election for a term of two years and the term of office for a school board member begins on the second Tuesday following the general election for a term of four years. Therefore, your term as a school board member, if elected as a state representative, will not expire until two weeks after you take office as a state representative. This two week overlap requires you to submit a resignation under the resign-to-run law at least 10 days prior to qualifying as a candidate as a state representative.

7. What can an officer do if he or she missed the deadline for submitting the resignation 10 days prior to the beginning of the qualifying period?

If the officer still wishes to run for office, the officer may submit his or her resignation to take effect immediately or to take effect on a date prior to qualifying for office. In this situation, the officer qualifies as a non-officeholder and the “resign-to-run” law does not apply. (Section 99.012(3)(g), Florida Statutes.)

8. To whom must the resignation be submitted?

For elected district, county, or municipal officers, the resignation must be submitted to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.

For appointed district, county, or municipal officers, the resignation must be submitted to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.

All other officers must submit their resignations to the Governor with a copy to the Department of State.

(Section 99.012(3)(e), Florida Statutes.)

9. Can the officer later revoke the resignation?

No, once submitted, the resignation is irrevocable.

(Section 99.012(3)(b), Florida Statutes.)

10. What happens to an elected officer’s term of office if he or she submits a resignation under the “resign-to-run” law?

Except as noted in the next paragraph, when an elected official resigns, it creates a vacancy in office to be filled by election. The election is held to fill the office for the remaining unexpired term. So, if an officer had one year left in his or her four-year term of office on the effective date of his or her resignation, persons would qualify as a candidate for the office and, if elected, would serve the one year remaining in the former officer’s term.

If the officer resigning under the “resign-to-run” law occupies an elective charter county office or elective municipal office, the vacancy created by the resignation may be filled for that portion of the remaining unexpired term in the manner specified by the county or municipal charter, as applicable.

(Section 99.102(3)(f), Florida Statutes.)

11. Does the “resign-to-run” law apply to subordinate officers, deputy sheriffs, or police officers?

Generally no, but it will apply in a limited situation. A subordinate officer, deputy sheriff, or police officer is exempt from the resign-to-run law unless the person is seeking to qualify for a public office which is currently held by “an officer who has authority to appoint, employ, promote or otherwise supervise that person and who has qualified as a candidate for reelection to that office.” If the subordinate officer, deputy sheriff, or police officer must resign, the resignation must be effective upon qualifying for the office, not the later times specified above for an “officer.”

So, a deputy sheriff wishing to run for sheriff against an incumbent sheriff would have to resign, but if the incumbent sheriff is not seeking reelection, the deputy sheriff would not have to resign. Also, if a deputy sheriff wishes to run for a non-sheriff office (for example, state representative or city council), he or she would not have to resign under the “resign-to-run” law.

If a subordinate officer, deputy sheriff, or police officer must resign under this provision, he or she may not take an unpaid leave of absence instead of resigning. (The Legislature removed the alternative approach of taking an unpaid leave of absence from the statute in 2000.)

Subordinate officers would include, among others: assistant public defenders, assistant state attorneys, and deputy supervisors of elections. (Section 99.012(4), Florida Statutes; see also, for example, Division of Elections advisory opinions DE 08-04, DE 07-08, and 99-01, which can be found at http://election.dos.state.fl.us/opinions/TOC_Opinions.shtml.)

12. Does a city’s Chief of Police have to resign in order to run for another public office?

It depends. The exemption mentioned in the answer to Question 11 applies to a “police officer.” A “chief of police” is a police officer; therefore, the chief of police need only resign to run for public office if the chief is seeking to qualify for a public office which is currently held by "an officer who has authority to appoint, employ, promote or otherwise supervise that person and who has qualified as a candidate for reelection to that office." For example, a city’s chief of police would not have to resign to run for county sheriff unless the sheriff has the authority to appoint, employ, promote or otherwise supervise the chief of police and the incumbent sheriff has also qualified as a candidate for reelection. In the typical county-city relationship, the sheriff does not have the authority to appoint, employ, promote or otherwise supervise a city’s chief of police. However, for example, if a city mayor has the authority to hire and fire the chief of police, the chief of police could not run for city mayor without resigning as chief of police if the incumbent mayor is seeking re-election.

(Section 99.012(4), Florida Statutes.)

13. What happens if an officer does not comply with the “resign-to-run” law?

Any voter or the Department of State may petition a circuit court for an order to remove the person’s name from the ballot. (Section 99.012(5), Florida Statutes.) It takes a court order to remove the person’s name from the ballot – a qualifying officer has no independent authority to remove the officer’s name from the ballot.

14. May a person qualify to run for more than one office?

No. Section 99.012(2), Florida Statutes, prohibits persons from qualifying for more than one federal, state, district, county, or municipal office if the terms or any part thereof run concurrently with each other. For example: a) a person may not qualify in Florida to run for more than more than one U.S. House of Representatives seat at a time; or b) a person may not qualify for both a state office and a county office if the terms or any part of the two offices overlap.

15. Does the “resign-to-run” law apply to federal officers?

No, the “resign-to-run” portion of section 99.012, Florida Statutes, only applies to state, district, county and municipal officers. However, as stated in the answer to Question 14, section 99.012(2), Florida Statutes, prohibits persons from qualifying for more than one federal, state, district, county, or municipal office if the terms or any part thereof run concurrently with each other. Thus, a federal officer would not have to resign prior to qualifying for a state, district, county, or municipal office. For example, a U.S. Senator from Florida with two years left on his or her Senate term could qualify to run for Governor of Florida without resigning because the “resign-to-run” law does not apply to federal officers; however, the senator could not qualify for re-election to the U.S. Senate from Florida and also qualify for Governor of Florida because the terms of office would overlap.

16. Does the “resign-to-run” law require a state, district, county, or municipal officer to resign before running for federal office?

No. The “resign-to-run” law prohibits an officer from qualifying as a candidate for another state, district, county or municipal public office if the terms or any part overlap with each other unless the officer submits a resignation from the office the person presently holds. Therefore, the “resign-to-run” law would not preclude a sitting state, district, county, or municipal officer from qualifying as a candidate for federal office without resigning from the office the person presently holds as long as the officer is not also seeking to qualify for re-election to his or her present office.

17. If a candidate does not have to resign from one office to run for another office, may he or she, if elected, continue to hold both offices?

Even if the person could physically perform both jobs simultaneously, holding both offices may violate the constitutional prohibition of dual officeholding. Article II, section 5(a), of the Florida Constitution, provides in part:

“No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, constitutional convention, or statutory body having only advisory powers.”

This constitutional provision prohibits a person from simultaneously holding more than one office under the government of the state, counties and municipalities. The prohibition applies to both elected and appointed offices. It is not necessary that the two offices be within the same governmental unit. Thus, for example, a municipal officer is precluded from holding not only another municipal office but also a state or county office.

Although the Constitution does not define the terms "office" or "officer" for purposes of the dual officeholding prohibition, the Florida Supreme Court in State ex rel. Holloway v. Sheats, 83 So. 508, 509 (Fla. 1919), stated that it is the nature of the powers and duties of a particular position which determines whether it is an "office" or an "employment."

The Department of State has no jurisdiction to interpret the dual officeholding provisions of the Constitution. Questions regarding dual officeholding should be directed to the Florida’s Office of the Attorney General, which has jurisdiction over the matter. You may find a dual officeholding informational pamphlet at the Attorney General’s website at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6S3PP7/$file/dual.pdf

18. What’s the difference in the treatment of district officers under the resign-to-run law and the dual officeholding constitutional provision?

The Attorney General has opined that district offices are not within the purview of the dual officeholding provisions of the Constitution. However, district offices, by express statutory provision, are subject to the provisions of the “resign-to-run” law. For example, an elected state or county officer may be appointed also to a district office. However, if the state or county officer later seeks reelection to the state or county office while occupying the district office, he or she would have to submit a resignation under the “resign-to-run” law from the district office before qualifying and running for reelection if the terms of office overlap, unless the district office consists of being a member on an appointed board or authority and the county or state officer receives no salary for being on the board or authority.

19. How does the “resign-to-run” law relate to the “Hatch Act?”

The state resign-to-run law is entirely separate from the federal “Hatch Act.” The federal Hatch Act (5 U.S.C. §§ 1501- 1508) applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency.

The Hatch Act prohibits executive branch state and local employees covered under its provisions from being a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Republican or Democratic Party.

For example, if an employee works for a state agency and his or her principal work is in an area which is funded in part by a federal agency, then the Hatch Act would prohibit that employee from running for a partisan office. Law enforcement officers seeking to run for public office should be aware that if their law enforcement agency receives federal funding (e.g., Department of Homeland Security grants), then their candidacy for a partisan office may be subject to the Hatch Act prohibitions. The Hatch Act would not prohibit the covered employee from being a candidate in a nonpartisan election; however, an employee’s conduct is also subject to the laws of the state and the regulations of the employing agency, so the employee should check with his or her supervisor, personnel office, or the agency’s general counsel to determine what state or local law or agency rules or policies may apply regarding political activities.

Governors, Lieutenant Governors, mayors, elected heads of executive departments, and individuals holding elective office are specifically exempt from the Hatch Act prohibition against being a candidate for public office. So, the Hatch Act prohibits state, county and municipal employees seeking public office in a partisan election, not an elected officer seeking re-election or election to another office.

Questions about the Hatch Act may be directed to:

Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Tel: (800) 85-HATCH or (800) 854-2824
(202) 254-3650
Website: http://www.osc.gov/hatchact.htm
Requests for Hatch Act advisory opinions may be made by e-mail to:hatchact@osc.gov

20. Who can I contact about questions concerning Florida’s “resign-to-run” law?

Contact the Office of General Counsel:
Florida Department of State
R.A. Gray Building
500 S. Bronough Street
Tallahassee, Florida 32399-0250
Telephone: (850) 245-6536; or email: generalcounsel@dos.state.fl.us.