100.091  Second primary election.--

(1)  In each year in which a general election is held, a second primary election for nomination of candidates of political parties where nominations were not made in the first primary election shall be held on the Tuesday 5 weeks prior to the general election.

(2)  The names of the candidates placing first and second in the first primary election shall be placed on the ballot in the second primary election for each contest in which no candidate receives a majority of the votes cast in the first primary election, subject to the following exceptions:

(a)  In any contest in which there is a tie for first place in the first primary election, only the names of the candidates so tying shall be placed on the ballot in the second primary election.

(b)  In any contest in which there is a tie for second place in the first primary election and the candidate placing first did not receive a majority of the votes cast, the name of the candidate placing first and the names of the candidates tying for second shall be placed on the ballot in the second primary election.

(3)  The candidate who receives the highest number of votes cast for the office in the second primary election shall be declared nominated. In case two or more persons receive an equal and highest number of votes for the same office in the second primary, such persons shall draw lots to determine who will receive the nomination.

History.--s. 50, ch. 6469, 1913; RGS 354; CGL 411; s. 14, ch. 13761, 1929; s. 2, ch. 17897, 1937; s. 4, ch. 19663, 1939; s. 4, ch. 26870, 1951; s. 2, ch. 57-166; s. 2, ch. 59-4; s. 1, ch. 65-240; s. 2, ch. 69-1745; s. 1, ch. 75-246; ss. 12, 66, ch. 77-175; s. 5, ch. 83-251.