Florida Statutes Title IX Chapter 101 - Voting Methods And Procedure

• 101.001 - Precincts And Polling Places; Boundaries.
  (1) The board of county commissioners in each county, upon recommendation and approval of the supervisor, shall alter or create precincts for voting in the county....
• 101.002 - Use Of System By Municipalities.
  (1) The board of county commissioners, with the concurrence of the supervisor of elections, may arrange the boundaries of the precincts in each municipality within the...
• 101.015 - Standards For Voting Systems.
  (1) The Department of State shall adopt rules which establish minimum standards for hardware and software for electronic and electromechanical voting systems. Such rules shall contain...
• 101.017 - Bureau Of Voting Systems Certification.
  There is created a Bureau of Voting Systems Certification within the Division of Elections of the Department of State which shall provide technical support to...
• 101.021 - Elector To Vote The Primary Ballot Of The Political Party In Which He Or She Is Registered.
  In a primary election a qualified elector is entitled to vote the official primary election ballot of the political party designated in the elector’s registration,...
• 101.031 - Instructions For Electors.
  (1) The Department of State, or in case of municipal elections the governing body of the municipality, shall print, in large type on cards, instructions for...
• 101.041 - Secret Voting.
  In all elections held on any subject which may be submitted to a vote, and for all or any state, county, district, or municipal officers,...
• 101.043 - Identification Required At Polls.
  (1)(a) The precinct register, as prescribed in s. 98.461, shall be used at the polls for the purpose of identifying the elector at the polls before...
• 101.045 - Electors Must Be Registered In Precinct; Provisions For Change Of Residence Or Name.
  (1) A person is not permitted to vote in any election precinct or district other than the one in which the person has his or her...
• 101.048 - Provisional Ballots.
  (1) At all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose...
• 101.049 - Provisional Ballots; Special Circumstances.
  (1) Any person who votes in an election after the regular poll-closing time pursuant to a court or other order extending the statutory polling hours must...
• 101.051 - Electors Seeking Assistance In Casting Ballots; Oath To Be Executed; Forms To Be Furnished.
  (1) Any elector applying to vote in any election who requires assistance to vote by reason of blindness, disability, or inability to read or write may...
• 101.111 - Voter Challenges.
  (1)(a) Any registered elector or poll watcher of a county may challenge the right of a person to vote in that county. The challenge must be...
• 101.131 - Watchers At Polls.
  (1) Each political party and each candidate may have one watcher in each polling room or early voting area at any one time during the election....
• 101.151 - Specifications For Ballots.
  (1)(a) Marksense ballots shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall meet the specifications of...
• 101.161 - Referenda; Ballots.
  (1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public...
• 101.171 - Copy Of Constitutional Amendment To Be Available At Voting Locations.
  Whenever any amendment to the State Constitution is to be voted upon at any election, the Department of State shall have printed and shall furnish...
• 101.20 - Publication Of Ballot Form; Sample Ballots.
  (1) Two sample ballots shall be furnished to each polling place by the officer whose duty it is to provide official ballots. The sample ballots shall...
• 101.21 - Official Ballots; Number; Printing; Payment.
  Where applicable, the supervisor of elections shall determine the actual number of ballots to be printed. The printing and delivery of ballots and cards of...
• 101.23 - Election Inspector To Keep List Of Those Voting.
  When any person has been admitted to vote, the person’s name shall be checked by the clerk or one of the inspectors at the place...
• 101.24 - Ballot Boxes And Ballots.
  The supervisor of elections shall prepare for each polling place one ballot box of sufficient size to contain all the ballots of the particular precinct,...
• 101.2512 - Candidates’ Names On General Election Ballots.
  (1) The supervisor of elections shall print on the general election ballot the names of candidates nominated by primary election or special primary election or the...
• 101.2515 - Translation Of Ballot Language.
  Upon the request of a supervisor of elections made no later than 60 days prior to the date of a general election, the Department of...
• 101.252 - Candidates Entitled To Have Names Printed On Certain Ballots; Exception.
  (1) Any candidate for nomination who has qualified as prescribed by law is entitled to have his or her name printed on the official primary election...
• 101.254 - When Nominated Names To Appear In Groups Or Districts.
  When an office requires the nomination of more than one candidate, as many groups or districts shall be numerically designated as there are vacancies to...
• 101.292 - Definitions; Ss. 101.292-101.295.
  As used in ss. 101.292-101.295, the following terms shall have the following meanings:(1) “Governing body” means the board of county commissioners of a county or any...
• 101.293 - Competitive Sealed Bids And Proposals Required.
  (1) Any purchase of voting equipment, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided...
• 101.294 - Purchase And Sale Of Voting Equipment.
  (1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state....
• 101.295 - Penalties For Violation.
  (1) Any member of a governing body which purchases or sells voting equipment in violation of the provisions of ss. 101.292-101.295, which member knowingly votes to...
• 101.34 - Custody Of Voting System.
  The supervisor of elections shall be the custodian of the voting system in the county, and he or she shall appoint deputies necessary to prepare...
• 101.341 - Prohibited Activities By Voting System Custodians And Deputy Custodians.
  (1) No voting system custodian or deputy custodian or other employee of the supervisor of elections, which employee’s duties are primarily involved with the preparation, maintenance,...
• 101.43 - Substitute Ballot.
  When the required official ballots for a precinct are not delivered in time to be used on election day, or after delivery, are lost, destroyed...
• 101.49 - Procedure Of Election Officers Where Signatures Differ.
  (1) Whenever any clerk or inspector, upon a just comparison of the signatures, doubts that the signature on the identification presented by the elector is the...
• 101.51 - Electors To Occupy Booth Alone.
  (1) When the elector presents himself or herself to vote, an election official shall permit the elector to enter the booth or compartment to cast his...
• 101.545 - Retention And Destruction Of Certain Election Materials.
  All ballots, forms, and other election materials shall be retained in the custody of the supervisor of elections in accordance with the schedule approved by...
• 101.5601 - Short Title.
  Sections 101.5601-101.5614 may be cited as the “Electronic Voting Systems Act.”History.—s. 1, ch. 73-156; s. 9, ch. 2002-17.
• 101.5602 - Purpose.
  The purpose of this act is to authorize the use of electronic and electromechanical voting systems in which votes are registered electronically or are tabulated...
• 101.5603 - Definitions Relating To Electronic Voting Systems Act.
  As used in this act, the term:(1) “Automatic tabulating equipment” includes apparatus necessary to automatically examine, count, and record votes.(2) “Ballot” means the card, tape, or other...
• 101.5604 - Adoption Of System; Procurement Of Equipment; Commercial Tabulations.
  The board of county commissioners of any county, at any regular meeting or a special meeting called for the purpose, may, upon consultation with the...
• 101.56042 - Punch Card Type Systems Prohibited.
  Effective September 2, 2002, a voting system that uses an apparatus or device for the piercing of ballots by the voter may not be used...
• 101.5605 - Examination And Approval Of Equipment.
  (1) The Department of State shall publicly examine all makes of electronic or electromechanical voting systems submitted to it and determine whether the systems comply with...
• 101.5606 - Requirements For Approval Of Systems.
  No electronic or electromechanical voting system shall be approved by the Department of State unless it is so constructed that:(1) It permits and requires voting in...
• 101.56062 - Standards For Accessible Voting Systems.
  (1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the Department of State for use in local, state, and federal elections...
• 101.56063 - Accessibility Of Voting Systems And Polling Places; Intent; Eligibility For Federal Funding.
  It is the intent of the Legislature that this state be eligible for any funds that are available from the Federal Government to assist states...
• 101.56064 - Application For Federal Funds Under Ch. 2002-281.
  The state may apply for all available federal funds to be used to pay for the costs associated with this act.History.—s. 21, ch. 2002-281.
• 101.56065 - Voting System Defects; Disclosure; Investigations; Penalties.
  (1) For purposes of this section, the term:(a) “Defect” means:1. Any failure, fault, or flaw in an electronic or electromechanical voting system approved pursuant to s. 101.5605 which...
• 101.5607 - Department Of State To Maintain Voting System Information; Prepare Software.
  (1)(a) Copies of the program codes and the user and operator manuals and copies of all software and any other information, specifications, or documentation required by...
• 101.56075 - Voting Methods.
  (1) Except as provided in subsection (2), all voting shall be by marksense ballot utilizing a marking device for the purpose of designating ballot selections.(2) Persons with...
• 101.5608 - Voting By Electronic Or Electromechanical Method; Procedures.
  (1) Each elector desiring to vote shall be identified to the clerk or inspector of the election as a duly qualified elector of such election and...
• 101.5610 - Inspection Of Ballot By Election Board.
  The election board of each precinct shall cause the voting devices to be put in order, set, adjusted, and made ready for voting when delivered...
• 101.5611 - Instructions To Electors.
  (1) The supervisor of elections shall provide instruction at each polling place regarding the manner of voting with the system. In instructing voters, no precinct official...
• 101.5612 - Testing Of Tabulating Equipment.
  (1) All electronic or electromechanical voting systems shall be thoroughly tested at the conclusion of maintenance and programming. Tests shall be sufficient to determine that the...
• 101.5613 - Examination Of Equipment During Voting.
  A member of the election board or, for purposes of early voting pursuant to s. 101.657, a representative of the supervisor of elections shall occasionally...
• 101.5614 - Canvass Of Returns.
  (1) As soon as the polls are closed, the election board shall secure the voting devices against further voting. The election board shall thereafter, in the...
• 101.572 - Public Inspection Of Ballots.
  The official ballots and ballot cards received from election boards and removed from absentee ballot mailing envelopes shall be open for public inspection or examination...
• 101.58 - Supervising And Observing Registration And Election Processes.
  (1) The Department of State may, at any time it deems fit; upon the petition of 5 percent of the registered electors; or upon the petition...
• 101.591 - Voting System Audit.
  (1) Immediately following the certification of each election, the county canvassing board or the local board responsible for certifying the election shall conduct a manual audit...
• 101.5911 - Rulemaking Authority For Voting System Audit Procedures.
  Effective upon this act becoming a law, the Department of State shall adopt rules to implement the provisions of s. 101.591, as amended by s....
• 101.595 - Analysis And Reports Of Voting Problems.
  (1) No later than December 15 of each general election year, the supervisor of elections in each county shall report to the Department of State the...
• 101.6101 - Short Title.
  Sections 101.6101-101.6107 may be cited as the “Mail Ballot Election Act.”History.—s. 1, ch. 87-364.
• 101.6102 - Mail Ballot Elections; Limitations.
  (1)(a) An election may be conducted by mail ballot if:1. The election is a referendum election at which all or a portion of the qualified electors of...
• 101.6103 - Mail Ballot Election Procedure.
  (1) Except as otherwise provided in subsection (7), the supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and...
• 101.6104 - Challenge Of Votes.
  If any elector present for the canvass of votes believes that any ballot is illegal due to any defect apparent on the voter’s certificate, the...
• 101.6105 - Absentee Voting.
  The provisions of the election code relating to absentee voting and absentee ballots shall apply to elections under ss. 101.6101-101.6107 only insofar as they do...
• 101.6106 - Application Of Other Election Laws.
  All laws that are applicable to general elections are applicable to mail ballot elections to the extent applicable.History.—s. 1. ch. 87-364.
• 101.6107 - Department Of State To Adopt Rules.
  The Department of State shall adopt rules governing the procedures and forms necessary to implement ss. 101.6101-101.6107.History.—s. 1, ch. 87-364.
• 101.62 - Request For Absentee Ballots.
  (1)(a) The supervisor shall accept a request for an absentee ballot from an elector in person or in writing. One request shall be deemed sufficient to...
• 101.64 - Delivery Of Absentee Ballots; Envelopes; Form.
  (1) The supervisor shall enclose with each absentee ballot two envelopes: a secrecy envelope, into which the absent elector shall enclose his or her marked ballot;...
• 101.65 - Instructions To Absent Electors.
  The supervisor shall enclose with each absentee ballot separate printed instructions in substantially the following form:READ THESE INSTRUCTIONS CAREFULLYBEFORE MARKING BALLOT.1. VERY IMPORTANT. In order to...
• 101.655 - Supervised Voting By Absent Electors In Certain Facilities.
  (1) The supervisor of elections of a county shall provide supervised voting for absent electors residing in any assisted living facility, as defined in s. 429.02,...
• 101.657 - Early Voting.
  (1)(a) As a convenience to the voter, the supervisor of elections shall allow an elector to vote early in the main or branch office of the...
• 101.661 - Voting Absentee Ballots.
  All electors must personally mark or designate their choices on the absentee ballot, except:(1) Electors who require assistance to vote because of blindness, disability, or inability...
• 101.662 - Accessibility Of Absentee Ballots.
  It is the intent of the Legislature that voting by absentee ballot be by methods that are fully accessible to all voters, including voters having...
• 101.663 - Electors; Change Of Residence To Another State.
  An elector registered in this state who moves his or her permanent residence to another state after the registration books in that state have closed...
• 101.665 - Administration Of Oaths; Military Personnel, Federal Employees, And Other Absentee Registrants.
  For the purposes of this code, oaths may be administered and attested by any commissioned officer in the active service of the Armed Forces, any...
• 101.67 - Safekeeping Of Mailed Ballots; Deadline For Receiving Absentee Ballots.
  (1) The supervisor of elections shall safely keep in his or her office any envelopes received containing marked ballots of absent electors, and he or she...
• 101.68 - Canvassing Of Absentee Ballot.
  (1) The supervisor of the county where the absent elector resides shall receive the voted ballot, at which time the supervisor shall compare the signature of...
• 101.69 - Voting In Person; Return Of Absentee Ballot.
  The provisions of this code shall not be construed to prohibit any elector from voting in person at the elector’s precinct on the day of...
• 101.6921 - Delivery Of Special Absentee Ballot To Certain First-time Voters.
  (1) The provisions of this section apply to voters who are subject to the provisions of s. 97.0535 and who have not provided the identification or...
• 101.6923 - Special Absentee Ballot Instructions For Certain First-time Voters.
  (1) The provisions of this section apply to voters who are subject to the provisions of s. 97.0535 and who have not provided the identification or...
• 101.6925 - Canvassing Special Absentee Ballots.
  (1) The supervisor of the county where the absent elector resides shall receive the voted special absentee ballot, at which time the mailing envelope shall be...
• 101.694 - Mailing Of Ballots Upon Receipt Of Federal Postcard Application.
  (1) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose registration is in order or whose application is sufficient...
• 101.6951 - State Write-in Ballot.
  (1) An overseas voter may request, not earlier than 180 days before a general election, a state write-in absentee ballot from the supervisor of elections in...
• 101.6952 - Absentee Ballots For Absent Uniformed Services And Overseas Voters.
  (1) If an absent uniformed services voter’s or an overseas voter’s request for an official absentee ballot pursuant to s. 101.62 includes an e-mail address, the...
• 101.697 - Electronic Transmission Of Election Materials.
  The Department of State shall determine whether secure electronic means can be established for receiving ballots from overseas voters. If such security can be established,...
• 101.698 - Absentee Voting In Emergency Situations.
  If a national or local emergency or other situation arises which makes substantial compliance with the provisions of state or federal law relating to the...
• 101.71 - Polling Place.
  (1) There shall be in each precinct in each county one polling place which shall be accessible to the public on election day and is managed...
• 101.715 - Accessibility Of Polling Places For People Having A Disability.
  (1) All polling places must be accessible and usable by people with disabilities, as provided in this section.(2) Only those polling places complying with the Florida Americans...
• 101.731 - Short Title.
  Sections 101.731-101.74 may be cited as the “Elections Emergency Act.”History.—s. 1, ch. 92-16.
• 101.732 - Definitions Relating To Elections Emergency Act.
  As used in ss. 101.731-101.74:(1) “Department” means the Department of State.(2) “Division” means the Division of Elections of the Department of State.(3) “Emergency” means any occurrence, or threat...
• 101.733 - Election Emergency; Purpose; Elections Emergency Contingency Plan.
  Because of the existing and continuing possibility of an emergency or common disaster occurring before or during a regularly scheduled or special election, and in...
• 101.74 - Temporary Change Of Polling Place In Case Of Emergency.
  In case of an emergency existing in any precinct at the time of the holding of any election, the supervisor of elections may establish, at...
• 101.75 - Municipal Elections; Change Of Dates For Cause.
  (1) In any municipality, when the date of the municipal election falls on the same date as any statewide or county election and the voting devices...

Last modified: September 23, 2016