This bill amends Florida Statutes regarding the process for filling vacancies in elective offices through special elections. It establishes that the Governor is required to call a special primary election and a special election under specific circumstances, rather than having the option to do so. The bill mandates that the Governor must set the dates for these elections within 14 days of the vacancy occurring, after consulting with the Secretary of State and the relevant supervisor of elections. The dates must be the earliest feasible and provide a minimum of 8 weeks between elections, with exceptions for certain circumstances. Additionally, if the Governor fails to set the election dates within the specified timeframe, qualified electors can petition the circuit court to determine the election dates.

The bill also includes several technical changes and clarifications, such as the requirement for the Governor to issue an order declaring the election date within 14 days of a vacancy and the stipulation that special elections must be held no later than 126 days after the vacancy occurs. It removes the previous authority of the Governor, President of the Senate, and Speaker of the House to waive specified timeframes if all parties agree. Furthermore, it specifies that if only one candidate qualifies for a special election, that candidate is deemed elected at the end of the qualifying period. The act is set to take effect on July 1, 2026.

Statutes affected:
S 460 Filed: 100.141