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2011-40, Laws of Florida – Sections Awaiting Preclearance
NOTE: Those counties who are required to have election laws precleared (Collier, Hardee,
Hendry, Hillsborough, and Monroe counties) will need to adhere to the 2010 Laws until the
below sections (which have also been highlighted in this document) have been precleared:
Section 4 – Relating to 3rd Party Voter Registration Organizations – s. 97.0575
Section 23 – Relating to Petition Signature Verification – s. 100.371
Section 26 – Relating to Out-of-County Address Changes at the Polling Place – s. 101.045
Section 39 – Relating to Early Voting – s. 101.657
Section 4. Section 97.0575, Florida Statutes, is amended to read:
97.0575 Third-party voter registrations.—
(1) Before engaging in any voter registration activities, a third-party voter
registration organization must register and provide to the division, in an electronic format,
the following information:
(a) The names of the officers of the organization and the name and permanent
address of the organization.
(b) The name and address of the organization's registered agent in the state.
(c) The names, permanent addresses, and temporary addresses, if any, of each
registration agent registering persons to vote in this state on behalf of the organization.
(d) A sworn statement from each registration agent employed by or volunteering for
the organization stating that the agent will obey all state laws and rules regarding the
registration of voters. Such statement must be on a form containing notice of applicable
penalties for false registration.
(2) The division or the supervisor of elections shall make voter registration forms
available to third-party voter registration organizations. All such forms must contain
information identifying the organization to which the forms are provided. The division
shall maintain a database of all third-party voter registration organizations and the voter
registration forms assigned to the third-party voter registration organization. Each
supervisor of elections shall provide to the division information on voter registration forms
assigned to and received from third-party voter registration organizations. The
information must be provided in a format and at times as required by the division by rule.
The division must update information on third-party voter registrations daily and make
the information publicly available.
(1) Prior to engaging in any voter registration activities, a third-party voter
registration organization shall name a registered agent in the state and submit to the
division, in a form adopted by the division, the name of the registered agent and the name
of those individuals responsible for the day-to-day operation of the third-party voter
registration organization, including, if applicable, the names of the entity's board of
directors, president, vice president, managing partner, or such other individuals engaged in
similar duties or functions. On or before the 15th day after the end of each calendar
quarter, each third-party voter registration organization shall submit to the division a
report providing the date and location of any organized voter registration drives conducted
by the organization in the prior calendar quarter.
(2) The failure to submit the information required by subsection (1) does not subject
the third-party voter registration organization to any civil or criminal penalties for such
failure, and the failure to submit such information is not a basis for denying such third-
party voter registration organization with copies of voter registration application forms.
(3)(a) A third-party voter registration organization that collects voter registration
applications serves as a fiduciary to the applicant, ensuring that any voter registration application
entrusted to the third-party voter registration organization, irrespective of party affiliation,
race, ethnicity, or gender, shall be promptly delivered to the division or the supervisor of
elections within 48 hours after the applicant completes it or the next business day if the
appropriate office is closed for that 48-hour period. If a voter registration application
collected by any third-party voter registration organization is not promptly delivered to the
division or supervisor of elections, the third-party voter registration organization is shall be
liable for the following fines:
1.(a) A fine in the amount of $50 for each application received by the division or the
supervisor of elections more than 48 hours 10 days after the applicant delivered the completed
voter registration application to the third-party voter registration organization or any person,
entity, or agent acting on its behalf or the next business day, if the office is closed. A fine in the
amount of $250 for each application received if the third-party voter registration organization or
person, entity, or agency acting on its behalf acted willfully.
2.(b) A fine in the amount of $100 for each application collected by a third-party voter
registration organization or any person, entity, or agent acting on its behalf, before prior to book
closing for any given election for federal or state office and received by the division or the
supervisor of elections after the book-closing book closing deadline for such election. A fine in
the amount of $500 for each application received if the third-party registration organization or
person, entity, or agency acting on its behalf acted willfully.
3.(c) A fine in the amount of $500 for each application collected by a third-party voter
registration organization or any person, entity, or agent acting on its behalf, which is not
submitted to the division or supervisor of elections. A fine in the amount of $1,000 for any
application not submitted if the third-party voter registration organization or person, entity, or
agency acting on its behalf acted willfully.
The aggregate fine pursuant to this paragraph subsection which may be assessed against a
third-party voter registration organization, including affiliate organizations, for violations
committed in a calendar year is shall be $1,000.
(b) A showing by the fines provided in this subsection shall be reduced by three-
fourths in cases in which the third-party voter registration organization that the failure to
deliver the voter registration application within the required timeframe is based upon force
majeure or impossibility of performance shall be an affirmative defense to a violation of
this subsection has complied with subsection (1). The secretary may shall waive the fines
described in this subsection upon a showing that the failure to deliver the voter registration
application promptly is based upon force majeure or impossibility of performance.
(4) If the Secretary of State reasonably believes that a person has committed a
violation of this section, the secretary may refer the matter to the Attorney General for
enforcement. The Attorney General may institute a civil action for a violation of this
section or to prevent a violation of this section. An action for relief may include a
permanent or temporary injunction, a restraining order, or any other appropriate order.
(5)(4)(a) The division shall adopt by rule a form to elicit specific information concerning
the facts and circumstances from a person who claims to have been registered to vote by a third-
party voter registration organization but who does not appear as an active voter on the voter
registration rolls. The division shall also adopt rules to ensure the integrity of the
registration process, including rules requiring third-party voter registration organizations
to account for all state and federal registration forms used by their registration agents.
Such rules may require an organization to provide organization and form specific
identification information on each form as determined by the department as needed to
assist in the accounting of state and federal registration forms.
(b) The division may investigate any violation of this section. Civil fines shall be
assessed by the division and enforced through any appropriate legal proceedings.
(6)(5) The date on which an applicant signs a voter registration application is presumed to
be the date on which the third-party voter registration organization received or collected the voter
registration application.
(7) The requirements of this section are retroactive for any third-party voter
registration organization registered with the department on the effective date of this act,
and must be complied with within 90 days after the department provides notice to the
third-party voter registration organization of the requirements contained in this section.
Failure of the third-party voter registration organization to comply with the requirements
within 90 days after receipt of the notice shall automatically result in the cancellation of the
third-party voter registration organization's registration.
(6) The civil fines provided in this section are in addition to any applicable criminal
penalties.
(7) Fines collected pursuant to this section shall be annually appropriated by the
Legislature to the department for enforcement of this section and for voter education.
(8) The division may adopt rules to administer this section.
Section 23. Subsections (1), (3), (6), (7), and (8) of 1569 section 100.371, Florida
Statutes, are amended to read:
100.371 Initiatives; procedure for placement on ballot.—
(1) Constitutional amendments proposed by initiative shall be placed on the ballot for the
general election, provided the initiative petition has been filed with the Secretary of State no later
than February 1 of the year the general election is held. A petition shall be deemed to be filed
with the Secretary of State upon the date the secretary determines that valid and verified petition
forms have been signed by the constitutionally required number and distribution of electors
under this code, subject to the right of revocation established in this section.
(3) An initiative petition form circulated for signature may not be bundled with or
attached to any other petition. Each signature shall be dated when made and shall be valid for a
period of 24 years following such date, provided all other requirements of law are met. The
sponsor shall submit signed and dated forms to the appropriate supervisor of elections for the
county of residence listed by the person signing the form for verification of as to the number
of registered electors whose valid signatures obtained appear thereon. If a signature on a
petition is from a registered voter in another county, the supervisor shall notify the petition
sponsor of the misfiled petition. The supervisor shall promptly verify the signatures within 30
days after of receipt of the petition forms and payment of the fee required by s. 99.097. The
supervisor shall promptly record, in the manner prescribed by the Secretary of State, the date
each form is received by the supervisor, and the date the signature on the form is verified as
valid. The supervisor may verify that the signature on a form is valid only if:
(a) The form contains the original signature of the purported elector.
(b) The purported elector has accurately recorded on the form the date on which he or she
signed the form.
(c) The form accurately sets forth the purported elector's name, street address, city,
county, and voter registration number or date of birth.
(d) The purported elector is, at the time he or she signs the form and at the time the
form is verified, a duly qualified and registered elector authorized to vote in the state county
in which his or her signature is submitted.
The supervisor shall retain the signature forms for at least 1 year following the election in which
the issue appeared on the ballot or until the Division of Elections notifies the supervisors of
elections that the committee that which circulated the petition is no longer seeking to obtain
ballot position.
(6)(a) An elector's signature on a petition form may be revoked within 150 days of
the date on which he or she signed the petition form by submitting to the appropriate
supervisor of elections a signed petition-revocation form.
(b) The petition-revocation form and the manner in which signatures are obtained,
submitted, and verified shall be subject to the same relevant requirements and timeframes
as the corresponding petition form and processes under this code and shall be approved by
the Secretary of State before any signature on a petition-revocation form is obtained.
(c) In those circumstances in which a petition-revocation form for a corresponding
initiative petition has not been submitted and approved, an elector may complete and
submit a standard petition-revocation form directly to the supervisor of elections. All other
requirements and processes apply for the submission and verification of the signatures as
for initiative petitions.
(d) Supervisors of elections shall provide petition-revocation forms to the public at
all main and branch offices.
(e) The petition-revocation form shall be filed with the supervisor of elections by
February 1 preceding the next general election or, if the initiative amendment is not
certified for ballot position in that election, by February 1 preceding the next successive
general election. The supervisor of elections shall promptly verify the signature on the
petition-revocation form and process such revocation upon payment, in advance, of a fee of
10 cents or the actual cost of verifying such signature, whichever is less. The supervisor
shall promptly record each valid and verified signature on a petition-revocation form in the
manner prescribed by the Secretary of State.
(f) The division shall adopt by rule the petition-revocation forms to be used under
this subsection.
(6)(7) The Department of State may adopt rules in accordance with s. 120.54 to carry out
the provisions of subsections (1)-(5) (1)-(6).
(7)(8) No provision of this code shall be deemed to prohibit a private person exercising
lawful control over privately owned property, including property held open to the public for the
purposes of a commercial enterprise, from excluding from such property persons seeking to
engage in activity supporting or opposing initiative amendments.
Section 26. Section 101.045, Florida Statutes, is amended to read:
101.045 Electors must be registered in precinct; provisions for change of residence or
name.—
(1) A No person is not shall be permitted to vote in any election precinct or district other
than the one in which the person has his or her legal residence and in which the person is
registered. However, a person temporarily residing outside the county shall be registered in the
precinct in which the main office of the supervisor, as designated by the supervisor, is located
when the person has no permanent address in the county and it is the person's intention to remain
a resident of Florida and of the county in which he or she is registered to vote. Such persons who
are registered in the precinct in which the main office of the supervisor, as designated by the
supervisor, is located and who are residing outside the county with no permanent address in the
county shall not be registered electors of a municipality and therefore shall not be permitted to
vote in any municipal election.
(2)(a) An elector who moves from the precinct in which the elector is registered may be
permitted to vote in the precinct to which he or she has moved his or her legal residence, if the
change of residence is within the same county and the provided such elector completes an
affirmation in substantially the following form:
Change of Legal Residence of Registered
Voter
Under penalties for false swearing, I, ...(Name of voter)..., swear (or affirm) that the former
address of my legal residence was ...(Address of legal residence)... in the municipality of ...., in
.... County, Florida, and I was registered to vote in the .... precinct of .... County, Florida; that I
have not voted in the precinct of my former registration in this election; that I now reside at
...(Address of legal residence)... in the Municipality of ...., in .... County, Florida, and am
therefore eligible to vote in the .... precinct of .... County, Florida; and I further swear (or affirm)
that I am otherwise legally registered and entitled to vote.
...(Signature of voter whose address of legal residence has changed)...
(b) Except for an active uniformed services voter or a member of his or her family,
an elector whose change of address is from outside the county may not change his or her
legal residence at the polling place and vote a regular ballot; however, such elector is
entitled to vote a provisional ballot.
(c)(b) An elector whose name changes because of marriage or other legal process may be
permitted to vote, provided such elector completes an affirmation in substantially the following
form:
Change of Name of Registered
Voter
Under penalties for false swearing, I, ...(New name of voter)..., swear (or affirm) that my name
has been changed because of marriage or other legal process. My former name and address of
legal residence appear on the registration records of precinct .... as follows:
Name........................................................
Address.....................................................
Municipality................................................
County......................................................
Florida, Zip................................................
My present name and address of legal residence are as follows:
Name........................................................
Address.....................................................
Municipality................................................
County......................................................
Florida, Zip................................................
and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.
...(Signature of voter whose name has changed)...
(d)(c) Instead of the affirmation contained in paragraph (a) or paragraph (c) (b), an
elector may complete a voter registration application that indicates the change of name or change
of address of legal residence.
(e)(d) Such affirmation or application, when completed and presented at the precinct in
which such elector is entitled to vote, and upon verification of the elector's registration, shall
entitle such elector to vote as provided in this subsection. If the elector's eligibility to vote cannot
be determined, he or she shall be entitled to vote a provisional ballot, subject to the requirements
and procedures in s. 101.048. Upon receipt of an affirmation or application certifying a change in
address of legal residence or name, the supervisor shall as soon as practicable make the
necessary changes in the statewide voter registration system to indicate the change in address of
legal residence or name of such elector.
Section 39. Subsection (1) of section 101.657, Florida Statutes, is amended to read:
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 supervisor. The supervisor shall mark, code,
indicate on, or otherwise track the voter's precinct for each early voted ballot. In order for a
branch office to be used for early voting, it shall be a permanent facility of the supervisor and
shall have been designated and used as such for at least 1 year prior to the election. The
supervisor may also designate any city hall or permanent public library facility as early voting
sites; however, if so designated, the sites must be geographically located so as to provide all
voters in the county an equal opportunity to cast a ballot, insofar as is practicable. The results or
tabulation of votes cast during early voting may not be made before the close of the polls on
election day. Results shall be reported by precinct.
(b) The supervisor shall designate each early voting site by no later than the 30th day
prior to an election and shall designate an early voting area, as defined in s. 97.021, at each early
voting site. The supervisor shall provide to the division no later than the 30th day before an
election the address of each early voting site and the hours that early voting will occur at
each site.
(c) All early voting sites in a county shall be open on the same days for the same
amount of time and shall allow any person in line at the closing of an early voting site to vote.
(d) Early voting shall begin on the 10th 15th day before an election that contains state
or federal races and end on the 3rd 2nd day before the an election, and. For purposes of a
special election held pursuant to s. 100.101, early voting shall begin on the 8th day before
an election and end on the 2nd day before an election. Early voting shall be provided for no
less than 6 8 hours and no more than 12 hours per day weekday and 8 hours in the
aggregate each weekend at each site during the applicable period periods. The supervisor of
elections may provide early voting for elections that are not held in conjunction with a state
or federal election. However, the supervisor has the discretion to determine the hours of
operation of early voting sites in those elections. Early voting sites shall open no sooner
than 7 a.m. and close no later than 7 p.m. on each applicable day.
(e) Notwithstanding the requirements of s. 100.3605, municipalities may provide early
voting in municipal elections that are not held in conjunction with county or state elections. If a
municipality provides early voting, it may designate as many sites as necessary and shall conduct
its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not
required to conduct early voting if it is provided pursuant to this subsection.
(f) Notwithstanding the requirements of s. 189.405, special districts may provide early
voting in any district election not held in conjunction with county or state elections. If a special
district provides early voting, it may designate as many sites as necessary and shall conduct its
activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not required
to conduct early voting if it is provided pursuant to this subsection.
TITLE IX
ELECTORS AND ELECTIONS
CHAPTER 97
QUALIFICATION AND REGISTRATION OF ELECTORS
PART I GENERAL PROVISIONS (ss. 97.011-97.028)
PART II FLORIDA VOTER REGISTRATION ACT (ss. 97.032-97.105)
PART I (5) Provide technical assistance to the supervisors
of elections on voting systems.
GENERAL PROVISIONS (6) Provide voter education assistance to the public.
(7) Coordinate the state’s responsibilities under the
97.011 Short title. National Voter Registration Act of 1993.
97.0115 Preemption. (8) Provide training to all affected state agencies on
97.012 Secretary of State as chief election officer. the necessary procedures for proper implementation of
97.021 Definitions. this chapter.
97.023 Procedures on complaints of violations. (9) Ensure that all registration applications and 97.025 Election Code; copies thereof. forms prescribed or approved by the department are 97.026 Forms to be available in alternative formats in compliance with the Voting Rights Act of 1965 and the and via the Internet. National Voter Registration Act of 1993. 97.028 Procedures on complaints of violations of (10) Coordinate with the United States Department of Title III of the Help America Vote Act of Defense so that armed forces recruitment offices2002. administer voter registration in a manner consistent
with the procedures set forth in this code for voter97.011 Short title.—Chapters 97-106 inclusive registration agencies. shall be known and may be cited as “The Florida (11) Create and administer a statewide voter regis-Election Code.”
History.—s. 1, ch. 26870, 1951; s. 1, ch. 65-60; s. 1, ch. 77-175. tration system as required by the Help America Vote Act
of 2002. The secretary may delegate voter registration
97.0115 Preemption.—All matters set forth in duties and records maintenance activities to voter
chapters 97-105 are preempted to the state, except registration officials. Any responsibilities delegated by
as otherwise specifically authorized by state or federal the secretary shall be performed in accordance with
law. The conduct of municipal elections shall be state and federal law.
governed by s. 100.3605.
(12) Maintain a voter fraud hotline and provide
History.—s. 1, ch. 2010-167. election fraud education to the public.
(13) Designate an office within the department to be 97.012 Secretary of State as chief election offiresponsible for providing information regarding voter cer.—The Secretary of State is the chief election officer registration procedures and absentee ballot procedures of the state, and it is his or her responsibility to: to absent uniformed services voters and overseas (1) Obtain and maintain uniformity in the interpretavoters.tion and implementation of the election laws. In order to (14) Bring and maintain such actions at law or inobtain and maintain uniformity in the interpretation and equity by mandamus or injunction to enforce theimplementation of the election laws, the Department of performance of any duties of a county supervisor of State may, pursuant to ss. 120.536(1) and 120.54, elections or any official performing duties with respect to adopt by rule uniform standards for the proper and chapters 97-102 and chapter 105 or to enforce comequitable interpretation and implementation of the pliance with a rule of the Department of State adopted to requirements of chapters 97-102 and chapter 105 of interpret or implement any of those chapters. the Election Code.
(a) Venue for such actions shall be in the Circuit (2) Provide uniform standards for the proper and
Court of Leon County. equitable implementation of the registration laws by
administrative rule of the Department of State adopted (b) When the secretary files an action under this
pursuant to ss. 120.536(1) and 120.54. section and not more than 60 days remain before an
(3) Actively seek out and collect the data and election as defined in s. 97.021, or during the time
statistics necessary to knowledgeably scrutinize the period after the election and before certification of the
effectiveness of election laws. election pursuant to s. 102.112 or s. 102.121, the court,
(4) Provide technical assistance to the supervisors including an appellate court, shall set an immediate
of elections on voter education and election personnel hearing, giving the case priority over other pending
training services. cases.
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Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
(c) Prior to filing an action to enforce performance of
the duties of the supervisor of elections or any official
described in this subsection, the secretary or his or her
designee first must confer, or must make a good faith
attempt to confer, with the supervisor of elections or the
official to ensure compliance with chapters 97-102 and
chapter 105 or the rules of the Department of State
adopted under any of those chapters.
(15) Conduct preliminary investigations into any irre
gularities or fraud involving voter registration, voting,
candidate petition, or issue petition activities and report
his or her findings to the statewide prosecutor or the
state attorney for the judicial circuit in which the alleged
violation occurred for prosecution, if warranted. The
Department of State may prescribe by rule require
ments for filing an elections-fraud complaint and for
investigating any such complaint.
(16) Provide written direction and opinions to the
supervisors of elections on the performance of their
official duties with respect to the Florida Election Code
or rules adopted by the Department of State.
History.—s. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s.
2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch.
2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278; s. 1, ch. 2008-95; s. 1, ch. 2011-40.
97.021 Definitions.—For the purposes of this
code, except where the context clearly indicates other
wise, the term:
(1) “Absent elector” means any registered and
qualified voter who casts an absentee ballot.
(2) “Absent uniformed services voter” means:
(a) A member of a uniformed service on active duty
who, by reason of such active duty, is absent from the
place of residence where the member is otherwise
qualified to vote;
(b) A member of the merchant marine who, by
reason of service in the merchant marine, is absent
from the place of residence where the member is
otherwise qualified to vote; or
(c) A spouse or dependent of a member referred to in
paragraph (a) or paragraph (b) who, by reason of the
active duty or service of the member, is absent from the
place of residence where the spouse or dependent is
otherwise qualified to vote.
(3) “Alternative formats” has the meaning ascribed
in the Americans with Disabilities Act of 1990, Pub. L.
No. 101-336, 42 U.S.C. ss. 12101 et seq., including
specifically the technical assistance manuals promul
gated thereunder, as amended.
(4) “Ballot” or “official ballot” when used in reference
to:
(a) “Marksense ballots” means that printed sheet of
paper, used in conjunction with an electronic or
electromechanical vote tabulation voting system, con
taining the names of candidates, or a statement of
proposed constitutional amendments or other questions
or propositions submitted to the electorate at any
election, on which sheet of paper an elector casts his
or her vote.
(b) “Electronic or electromechanical devices” means
a ballot that is voted by the process of electronically
designating, including by touchscreen, or marking with a
marking device for tabulation by automatic tabulating
equipment or data processing equipment.
(5) “Candidate” means any person to whom any one
or more of the following applies:
(a) Any person who seeks to qualify for nomination
or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a
write-in candidate.
(c) Any person who receives contributions or makes
expenditures, or gives his or her consent for any other
person to receive contributions or make expenditures,
with a view to bringing about his or her nomination or
election to, or retention in, public office.
(d) Any person who appoints a treasurer and desig
nates a primary depository.
(e) Any person who files qualification papers and
subscribes to a candidate’s oath as required by law.
However, this definition does not include any candidate
for a political party executive committee.
(6) “Department” means the Department of State.
(7) “Division” means the Division of Elections of the
Department of State.
(8) “Early voting” means 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.
(9) “Early voting area” means the area designated
by the supervisor of elections at an early voting site at
which early voting activities occur, including, but not
limited to, lines of voters waiting to be processed, the
area where voters check in and are processed, and the
area where voters cast their ballots.
(10) “Early voting site” means those locations speci
fied in s. 101.657 and the building in which early voting
occurs.
(11) “Election” means any primary election, special
primary election, special election, general election, or
presidential preference primary election.
(12) “Election board” means the clerk and inspectors
appointed to conduct an election.
(13) “Election costs” shall include, but not be limited
to, expenditures for all paper supplies such as envel
opes, instructions to voters, affidavits, reports, ballot
cards, ballot booklets for absentee voters, postage,
notices to voters; advertisements for registration book
closings, testing of voting equipment, sample ballots,
and polling places; forms used to qualify candidates;
polling site rental and equipment delivery and pickup;
data processing time and supplies; election records
retention; and labor costs, including those costs un
iquely associated with absentee ballot preparation, poll
workers, and election night canvass.
(14) “Elector” is synonymous with the word “voter” or
“qualified elector or voter,” except where the word is
used to describe presidential electors.
(15) “General election” means an election held on the
first Tuesday after the first Monday in November in the
even-numbered years, for the purpose of filling national,
state, county, and district offices and for voting on
constitutional amendments not otherwise provided for
by law.
(16) “Lists of registered electors” means names and
associated information of registered electors main
tained by the department in the statewide voter
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F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
registration system or generated or derived from the (27) “Polling room” means the actual room in which
statewide voter registration system. Lists may be ballots are cast on election day and during early voting.
produced in printed or electronic format.
(28) “Primary election” means an election held pre
(17) “Member of the Merchant Marine” means an ceding the general election for the purpose of nominat
individual, other than a member of a uniformed service ing a party nominee to be voted for in the general
or an individual employed, enrolled, or maintained on election to fill a national, state, county, or district office.
the Great Lakes for the inland waterways, who is:
(29) “Provisional ballot” means a conditional ballot,
(a) Employed as an officer or crew member of a the validity of which is determined by the canvassing
vessel documented under the laws of the United States, board.
a vessel owned by the United States, or a vessel of
(30) “Public assistance” means assistance provided
foreign-flag registry under charter to or control of the
through the food assistance program under the federal
United States; or
Supplemental Nutrition Assistance Program; the Med
(b) Enrolled with the United States for employment or
icaid program; the Special Supplemental Food Program
training for employment, or maintained by the United for Women, Infants, and Children; and the Temporary
States for emergency relief service, as an officer or crew Cash Assistance Program.
member of such vessel.
(31) “Public office” means any federal, state, county,
(18) “Minor political party” is any group as specified in municipal, school, or other district office or position
s. 103.095 which on January 1 preceding a primary
which is filled by vote of the electors.
election does not have registered as members 5 percent
(32) “Qualifying educational institution” means any
of the total registered electors of the state.
public or private educational institution receiving state
(19) “Newspaper of general circulation” means a financial assistance which has, as its primary mission,
newspaper printed in the language most commonly the provision of education or training to students who
spoken in the area within which it circulates and which is
are at least 18 years of age, provided such institution
readily available for purchase by all inhabitants in the
has more than 200 students enrolled in classes with the
area of circulation, but does not include a newspaper
institution and provided that the recognized student
intended primarily for members of a particular profes-government organization has requested this designa
sional or occupational group, a newspaper the primary tion in writing and has filed the request with the office of
function of which is to carry legal notices, or a news-the supervisor of elections in the county in which the
paper that is given away primarily to distribute advertis-institution is located.
ing.
(33) “Special election” is a special election called for
(20) “Nominal value” means having a retail value of
the purpose of voting on a party nominee to fill a
$10 or less. vacancy in the national, state, county, or district office.
(21) “Nonpartisan office” means an office for which a (34) “Special primary election” is a special nomination
candidate is prohibited from campaigning or qualifying
election designated by the Governor, called for the
for election or retention in office based on party
purpose of nominating a party nominee to be voted on in
affiliation.
a general or special election.
(22) “Office that serves persons with disabilities” (35) “Supervisor” means the supervisor of elections.
means any state office that takes applications either
(36) “Tactile input device” means a device that
in person or over the telephone from persons with
provides information to a voting system by means of
disabilities for any program, service, or benefit primarily
a voter touching the device, such as a keyboard, and
related to their disabilities.
that complies with the requirements of s.
(23) “Overseas voter” means:
101.56062(1)(k) and (l).
(a) An absent uniformed services voter who, by (37) “Third-party registration organization” means
reason of active duty or service, is absent from the
any person, entity, or organization soliciting or collecting
United States on the date of the election involved;
voter registration applications. A third-party voter regis
(b) A person who resides outside the United States tration organization does not include:
and is qualified to vote in the last place in which the
(a) A person who seeks only to register to vote or
person was domiciled before leaving the United States; collect voter registration applications from that person’s
or
spouse, child, or parent; or
(c) A person who resides outside the United States
(b) A person engaged in registering to vote or
and, but for such residence, would be qualified to vote in
collecting voter registration applications as an employee
the last place in which the person was domiciled before
or agent of the division, supervisor of elections,
leaving the United States.
Department of Highway Safety and Motor Vehicles, or
(24) “Overvote” means that the elector marks or a voter registration agency.
designates more names than there are persons to be
(38) “Undervote” means that the elector does not
elected to an office or designates more than one answer
properly designate any choice for an office or ballot
to a ballot question, and the tabulator records no vote for
question, and the tabulator records no vote for the office
the office or question.
or question.
(25) “Persons with disabilities” means individuals who
(39) “Uniformed services” means the Army, Navy, Air
have a physical or mental impairment that substantially
Force, Marine Corps, and Coast Guard, the commis
limits one or more major life activities.
sioned corps of the Public Health Service, and the
(26) “Polling place” is the building which contains the commissioned corps of the National Oceanic and
polling room where ballots are cast. Atmospheric Administration.
3
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
(40) “Voter interface device” means any device that
communicates voting instructions and ballot information
to a voter and allows the voter to select and vote for
candidates and issues.
(41) “Voter registration agency” means any office that
provides public assistance, any office that serves
persons with disabilities, any center for independent
living, or any public library.
(42) “Voter registration official” means any supervisor
of elections or individual authorized by the Secretary of
State to accept voter registration applications and
execute updates to the statewide voter registration
system.
(43) “Voting booth” or “booth” means that booth or
enclosure wherein an elector casts his or her ballot for
tabulation by an electronic or electromechanical device.
(44) “Voting system” means a method of casting and
processing votes that functions wholly or partly by use of
electromechanical or electronic apparatus or by use of
marksense ballots and includes, but is not limited to, the
procedures for casting and processing votes and the
programs, operating manuals, supplies, printouts, and
other software necessary for the system’s operation.
History.—s. 2, ch. 6469, 1913; RGS 300; s. 1, ch. 8582, 1921; CGL 356; s. 1, ch.
13761, 1929; s. 1, ch. 18060, 1937; s. 1, ch. 19663, 1939; s. 1, ch. 26870, 1951; s. 1,
ch. 28156, 1953; s. 1, ch. 61-370; s. 2, ch. 65-60; s. 1, ch. 67-32; s. 2, ch. 67-142; s.
2, ch. 67-386; s. 1, ch. 69-137; s. 1, ch. 69-280; s. 1, ch. 69-377; s. 1, ch. 70-269; s.
1, ch. 70-439; s. 1, ch. 71-206; s. 1, ch. 73-157; s. 31, ch. 73-333; s. 23, ch. 77-104;
s. 1, ch. 77-175; s. 1, ch. 79-157; s. 24, ch. 79-400; s. 1, ch. 81-105; s. 15, ch.
82-143; s. 22, ch. 84-302; s. 1, ch. 87-184; ss. 5, 12, ch. 87-363; s. 1, ch. 89-338; s.
3, ch. 89-348; s. 2, ch. 90-315; s. 3, ch. 94-224; s. 1382, ch. 95-147; s. 1, ch. 96-57;
s. 54, ch. 96-175; s. 1, ch. 96-327; s. 35, ch. 97-13; s. 3, ch. 98-129; ss. 2, 34, ch.
2001-40; s. 4, ch. 2002-281; s. 2, ch. 2003-415; s. 9, ch. 2004-252; s. 2, ch.
2005-277; s. 2, ch. 2005-278; s. 2, ch. 2005-286; s. 1, ch. 2007-30; s. 2, ch.
2010-167; s. 1, ch. 2010-209; s. 2, ch. 2011-40.
Note.—Former s. 102.02.
97.023 Procedures on complaints of violations.
(1)(a) Any person who is aggrieved by a violation of
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code may file a written complaint
with the department, which shall serve as notice to
the Secretary of State.
(b) A complaint must state the alleged violation and
the person or entity responsible, who must be the
department, a voter registration agency, a supervisor,
the Department of Highway Safety and Motor Vehicles,
or an Armed Forces Recruitment Center. If the depart
ment determines that a complaint fails to allege both a
violation and a person or entity responsible for the
violation, the department shall inform the complainant
that he or she has not given sufficient notice and the
steps that must be taken in order to give proper notice.
(c) For the purposes of this section, a violation of
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code is the failure to perform an act
required or the performance of an act prohibited by
either the National Voter Registration Act of 1993 or a
voter registration or removal procedure under the
Florida Election Code.
(d) The department has primary jurisdiction over
complaints filed under the provisions of this section.
(2) When a complaint is filed with the department,
the parties to the complaint must be given the oppor
tunity to resolve the complaint through an informal
dispute resolution process to be established by the
department. This process must provide for:
(a) A time limitation of 30 days on the process,
unless the alleged violation occurred within 120 days
before the date of an election, in which case there must
be a time limitation of 20 days;
(b) A mediator provided by the department, who may
be a department employee unless the department is
alleged to be responsible for the violation, in which case
the Governor must appoint a mediator who is not a
department employee;
(c) Notice to a complainant;
(d) Notice to a respondent of the allegations filed
against him or her in the complaint;
(e) An opportunity for the parties to submit written
statements, present oral argument either in person or by
telephone, and present evidence; and
(f) A written statement by the mediator to the
department stating the outcome of the dispute resolu
tion process.
(3) If an alleged violation occurred within 30 days
before the date of a state or federal election and the
alleged violation will affect the registrant’s right to vote in
that election, the complainant may immediately bring an
action in the circuit court in the county where the alleged
violation occurred. Otherwise, the following are condi
tions precedent for a complainant to bring an action for
declaratory or injunctive relief in the circuit court in the
county where the alleged violation occurred:
(a) The complainant gave proper written notice of
the alleged violation to the Secretary of State;
(b) The complainant participated in the informal
dispute resolution process; and
(c) An agreement is not reached or an alleged
violation is not corrected within 90 days after receipt
of notice or 20 days after receipt of notice if the alleged
violation occurred within 120 days before the date of an
election.
History.—s. 4, ch. 94-224; s. 1383, ch. 95-147.
97.025 Election Code; copies thereof.—A
pamphlet of a reprint of the Election Code, adequately
indexed, shall be prepared by the Department of State.
The pamphlet shall be made available to each candi
date who qualifies with the department. The pamphlet
shall be made available to each supervisor, prior to the
first day of qualifying, so that each candidate who
qualifies with the supervisor and each clerk of elections
have access to the pamphlet. The cost of making the
pamphlets available shall be paid out of funds appro
priated for conducting elections.
History.—s. 38, ch. 3879, 1889; RS 192; s. 69, ch. 4328, 1895; GS 253; RGS
297; CGL 353; s. 2, ch. 26870, 1951; s. 17, ch. 65-134; ss. 10, 35, ch. 69-106; s. 5,
ch. 77-175; s. 2, ch. 79-365; s. 5, ch. 94-224; s. 3, ch. 2011-40.
Note.—Former s. 99.54; s. 98.251.
97.026 Forms to be available in alternative for
mats and via the Internet.—It is the intent of the
Legislature that all forms required to be used in chapters
97-106 shall be made available upon request, in
alternative formats. Such forms shall include absentee
ballots as alternative formats for such ballots become
available and the Division of Elections is able to certify
systems that provide them. The department may,
4
F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
pursuant to ss. 120.536(1) and 120.54, adopt rules to
administer this section. Whenever possible, such forms,
with the exception of absentee ballots, shall be made
available by the Department of State via the Internet.
Sections that contain such forms include, but are not
limited to, ss. 97.051, 97.052, 97.053, 97.057, 97.058,
97.0583, 97.071, 97.073, 97.1031, 98.075, 99.021,
100.361, 100.371, 101.045, 101.171, 101.20,
101.6103, 101.62, 101.64, 101.65, 101.657, 105.031,
106.023, and 106.087.
History.—s. 5, ch. 2002-281; s. 3, ch. 2005-278.
97.028 Procedures on complaints of violations
of Title III of the Help America Vote Act of 2002.—
(1)(a) Any person who believes that a violation of
Title III of the Help America Vote Act of 2002 has
occurred, is occurring, or is about to occur may file a
complaint with the department.
(b) The complaint must be in writing and must be
signed and sworn to before a notary by the person filing
the complaint. Further, the complaint must state the
alleged violation and the person or entity responsible for
the violation. The department shall prescribe the form
for complaints filed under this section. If the department
determines that the complaint fails to allege both a
violation and a person or entity responsible for the
violation, or that the complaint is not properly executed,
the department shall inform the complainant in writing
that the complaint is legally insufficient.
(c) For purposes of this section, a violation of Title III
of the Help America Vote Act of 2002 is the failure to
perform an act required or the performance of an act
prohibited by Title III of the Help America Vote Act of
2002 by a covered person or entity.
(d) The department shall have sole jurisdiction over
complaints filed under the provisions of this section.
(e) This section provides the sole avenue of redress
for alleged violations of Title III of the Help America Vote
Act of 2002 and does not give rise to any other cause of
action.
(f) The department may consolidate complaints filed
under this section.
(g) All proceedings under this section are exempt
from chapter 120.
(2)(a) When a legally sufficient complaint is filed with
the department, the agency head shall designate a
hearing officer who shall:
1. Provide the subject of the complaint with a copy
of the complaint. The subject of the complaint shall,
within 10 days after receipt of the complaint, file with the
department a written, sworn response to the complaint.
2. Upon receipt of the response, the hearing officer
shall review both sworn filings to determine whether a
violation of Title III of the Help America Vote Act of 2002
has occurred, is occurring, or is about to occur. The
complaint and the response shall constitute the official
hearing record to be considered by the hearing officer.
The hearing officer shall provide the complainant with a
copy of the response.
3. At the hearing officer’s discretion, the complai
nant and the respondent may be ordered by the hearing
officer to provide additional sworn oral or written
statements or additional documents to assist the
5
hearing officer in making his or her determination.
Further, other relevant witnesses may also be ordered
by the hearing officer to give sworn testimony or to
provide relevant documents to assist the hearing officer
in making his or her determination. Any such statements
or documents received by the hearing officer shall also
become part of the official hearing record. For purposes
of this section, the hearing officer is authorized to
administer oaths and to issue subpoenas.
4. The hearing officer shall advise both the com
plainant and respondent in writing of their determina
tion. If the hearing officer determines that no violation
has occurred, is occurring, or is about to occur, the
department shall dismiss the complaint and publish its
determination. If the hearing officer determines that a
violation of Title III of the Help America Vote Act has
occurred, is occurring, or is about to occur, the
department shall issue and deliver an order directing
the appropriate remedy to persons responsible for
effecting such remedy. The issuance of an order does
not constitute agency action for which a hearing under s.
120.569 or s. 120.57 may be sought. For purposes of
enforcing the order, the department may initiate a
proceeding in the name of the state seeking issuance
of an injunction, a writ of mandamus, or other equitable
remedy against any person who violates any provision
of such order.
5. The department shall make a final determination
with respect to the complaint within 90 days after the
date that the complaint was filed, unless the complai
nant consents to a longer period for making such a
determination.
(b) If the department fails to meet the deadline
established in subparagraph (a)5., the complaint shall
be forwarded to mediation. Mediation shall occur within
60 days after the department’s failure to make a
determination within the timeframe established in sub
paragraph (a)5. The record created under this section
shall be made available for use in the mediation.
History.—s. 5, ch. 2003-415.
PART II
FLORIDA VOTER REGISTRATION ACT
97.032 Short title.
97.041 Qualifications to register or vote.
97.051 Oath upon registering.
97.052 Uniform statewide voter registration appli
cation.
97.053 Acceptance of voter registration applica
tions.
97.0535 Special requirements for certain applicants.
97.055 Registration books; when closed for an
election.
97.0555 Late registration.
97.057 Voter registration by the Department of
Highway Safety and Motor Vehicles.
97.0575 Third-party voter registrations.
97.058 Voter registration agencies.
97.0583 Voter registration at qualifying educational
institutions.
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
97.05831 Voter registration applications made avail-(1) The department shall prescribe by rule a uniform
able to the Fish and Wildlife Conserva-statewide voter registration application for use in this
tion Commission. state.
97.0585 Public records exemption; information re-(a) The uniform statewide voter registration applica
garding voters and voter registration; tion must be accepted for any one or more of the
confidentiality. following purposes:
97.061 Special registration for electors requiring 1. Initial registration.
assistance. 2. Change of address.
97.071 Voter information card. 3. Change of party affiliation.
97.073 Disposition of voter registration applica-4. Change of name.
tions; cancellation notice. 5. Replacement of a voter information card.
97.1031 Notice of change of residence, change of 6. Signature update.
name, or change of party affiliation. (b) The department is responsible for printing the
97.105 Permanent single registration system uniform statewide voter registration application and the es
tablished.
voter registration application form prescribed by the
Election Assistance Commission pursuant to federal
law. The applications and forms must be distributed,
“Florida Voter Registration Act.”
97.032 Short title.—This part may be cited as the
upon request, to the following:
History.—s. 7, ch. 94-224.
1. Individuals seeking to register to vote or update a
voter registration record.
97.041 Qualifications to register or vote.— 2. Individuals or groups conducting voter registra
(1)(a) A person may become a registered voter only tion programs. A charge of 1 cent per application shall
if that person: be assessed on requests for 10,000 or more applica
1. Is at least 18 years of age; tions.
2. Is a citizen of the United States; 3. The Department of Highway Safety and Motor
3. Is a legal resident of the State of Florida; Vehicles.
4. Is a legal resident of the county in which that 4. Voter registration agencies.
person seeks to be registered; and 5. Armed forces recruitment offices.
5. Registers pursuant to the Florida Election Code. 6. Qualifying educational institutions.
(b) A person who is otherwise qualified may pre-7. Supervisors, who must make the applications
register on or after that person’s 16th birthday and may and forms available in the following manner:
vote in any election occurring on or after that person’s a. By distributing the applications and forms in their
18th birthday. offices to any individual or group.
b. By distributing the applications and forms at other (2) The following persons, who might be otherwise
locations designated by each supervisor.
qualified, are not entitled to register or vote:
c. By mailing the applications and forms to appli(a) A person who has been adjudicated mentally
cants upon the request of the applicant. incapacitated with respect to voting in this or any other
(c) The uniform statewide voter registration applicastate and who has not had his or her right to vote
tion may be reproduced by any private individual orrestored pursuant to law.
group, provided the reproduced application is in the (b) A person who has been convicted of any felony same format as the application prescribed by rule under by any court of record and who has not had his or her this section. right to vote restored pursuant to law. (2) The uniform statewide voter registration applica(3) A person who is not registered may not vote.
History.—ss. 1, chs. 3850, 3879, 1889; RS 154; s. 1, ch. 4328, 1895; GS 170; tion must be designed to elicit the following information
RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156,
from the applicant:
1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss. 1, 4, ch. 71-108; s. 1, ch.
72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5; s. 1, ch. 77-175; s. 2, ch. (a) Last, first, and middle name, including any suffix.
(b) Date of birth. 89-338; s. 8, ch. 94-224; s. 12, ch. 2007-30; s. 2, ch. 2008-95.
Note.—Former s. 98.01. (c) Address of legal residence.
(d) Mailing address, if different. 97.051 Oath upon registering.—A person regis(e) County of legal residence. tering to vote must subscribe to the following oath: “I do (f) Race or ethnicity that best describes the applisolemnly swear (or affirm) that I will protect and defend cant:the Constitution of the United States and the Constitu1. American Indian or Alaskan Native. tion of the State of Florida, that I am qualified to register 2. Asian or Pacific Islander. as an elector under the Constitution and laws of the 3. Black, not Hispanic. State of Florida, and that all information provided in this 4. White, not Hispanic. application is true.” 5. Hispanic.History.—s. 7, ch. 3879, 1889; RS 161; s. 8, ch. 4328, 1895; GS 178; RGS 222;
CGL 257; s. 4, ch. 25383, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 69-280; ss. 2, 4, ch.
(g) State or country of birth.
71-108; s. 1, ch. 72-63; s. 2, ch. 77-175; s. 1, ch. 81-304; s. 9, ch. 94-224; s. 3, ch. (h) Sex.2005-277; s. 4, ch. 2005-278.
Note.—Former s. 98.11.
(i) Party affiliation.
(j) Whether the applicant needs assistance in vot
97.052 Uniform statewide voter registration ap-ing.
plication.— (k) Name and address where last registered.
6
F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(l) Last four digits of the applicant’s social security
number.
(m) Florida driver’s license number or the identifica
tion number from a Florida identification card issued
under s. 322.051.
(n) An indication, if applicable, that the applicant has
not been issued a Florida driver’s license, a Florida
identification card, or a social security number.
(o) Telephone number (optional).
(p) Signature of applicant under penalty for false
swearing pursuant to s. 104.011, by which the person
subscribes to the oath required by s. 3, Art. VI of the
State Constitution and s. 97.051, and swears or affirms
that the information contained in the registration appli
cation is true.
(q) Whether the application is being used for initial
registration, to update a voter registration record, or to
request a replacement voter information card.
(r) Whether the applicant is a citizen of the United
States by asking the question “Are you a citizen of the
United States of America?” and providing boxes for the
applicant to check to indicate whether the applicant is or
is not a citizen of the United States.
(s) Whether the applicant has been convicted of a
felony, and, if convicted, has had his or her civil rights
restored by including the statement “I affirm I am not a
convicted felon, or, if I am, my rights relating to voting
have been restored.” and providing a box for the
applicant to check to affirm the statement.
(t) Whether the applicant has been adjudicated
mentally incapacitated with respect to voting or, if so
adjudicated, has had his or her right to vote restored by
including the statement “I affirm I have not been
adjudicated mentally incapacitated with respect to
voting, or, if I have, my competency has been restored.”
and providing a box for the applicant to check to affirm
the statement.
The registration application must be in plain language
and designed so that convicted felons whose civil rights
have been restored and persons who have been
adjudicated mentally incapacitated and have had their
voting rights restored are not required to reveal their
prior conviction or adjudication.
(3) The uniform statewide voter registration applica
tion must also contain:
(a) The oath required by s. 3, Art. VI of the State
Constitution and s. 97.051.
(b) A statement specifying each eligibility require
ment under s. 97.041.
(c) The penalties provided in s. 104.011 for false
swearing in connection with voter registration.
(d) A statement that, if an applicant declines to
register to vote, the fact that the applicant has declined
to register will remain confidential and may be used only
for voter registration purposes.
(e) A statement that informs the applicant who
chooses to register to vote or update a voter registration
record that the office at which the applicant submits a
voter registration application or updates a voter regis
tration record will remain confidential and may be used
only for voter registration purposes.
(f) A statement informing an applicant who has not
been issued a Florida driver’s license, a Florida
identification card, or a social security number that if
the application is submitted by mail and the applicant is
registering for the first time in this state, the applicant will
be required to provide identification prior to voting the
first time.
(4) A supervisor may produce a voter registration
application that has the supervisor’s direct mailing
address if the department has reviewed the application
and determined that it is substantially the same as the
uniform statewide voter registration application.
(5) The voter registration application form pre
scribed by the Election Assistance Commission pur
suant to federal law or the federal postcard application
must be accepted as an application for registration in
this state if the completed application or postcard
application contains the information required by the
constitution and laws of this state.
(6) If a voter registration applicant fails to provide
any of the required information on the voter registration
application form, the supervisor shall notify the applicant
of the failure by mail within 5 business days after the
supervisor has the information available in the voter
registration system. The applicant shall have an oppor
tunity to complete the application form to vote in the next
election up until the book closing for that next election.
History.—s. 5, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 59-231; s. 8, ch.
65-134; s. 1, ch. 67-170; s. 8, ch. 69-377; ss. 10, 35, ch. 69-106; s. 2, ch. 72-63; s. 5,
ch. 77-175; s. 23, ch. 84-302; s. 6, ch. 89-338; s. 10, ch. 94-224; s. 2, ch. 96-327; s.
26, ch. 97-13; s. 4, ch. 98-129; ss. 1, 7, ch. 2002-189; s. 3, ch. 2003-415; s. 4, ch.
2005-277; s. 5, ch. 2005-278.
Note.—Former s. 97.05; s. 98.111.
97.053 Acceptance of voter registration applica
tions.—
(1) Voter registration applications, changes in regis
tration, and requests for a replacement voter informa
tion card must be accepted in the office of any super
visor, the division, a driver license office, a voter
registration agency, or an armed forces recruitment
office when hand delivered by the applicant or a third
party during the hours that office is open or when
mailed.
(2) A voter registration application is complete and
becomes the official voter registration record of that
applicant when all information necessary to establish
the applicant’s eligibility pursuant to s. 97.041 is
received by a voter registration official and verified
pursuant to subsection (6). If the applicant fails to
complete his or her voter registration application prior to
the date of book closing for an election, then such
applicant shall not be eligible to vote in that election.
(3) The registration date for a valid initial voter
registration application that has been hand delivered
is the date that the application is received by a driver
license office, a voter registration agency, an armed
forces recruitment office, the division, or the office of
any supervisor in the state.
(4) The registration date for a valid initial voter
registration application that has been mailed to a driver
license office, a voter registration agency, an armed
forces recruitment office, the division, or the office of
any supervisor in the state and bears a clear postmark is
the date of that postmark. If an initial voter registration
7
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
application that has been mailed does not bear a the supervisor sufficient to verify the authenticity of the
postmark or if the postmark is unclear, the registration applicant’s driver’s license number, Florida identification
date is the date the application is received by any card number, or last four digits of the social security
supervisor or the division, unless it is received within 5 number. If the applicant provides the necessary evi
days after the closing of the books for an election, dence, the supervisor shall place the applicant’s name
excluding Saturdays, Sundays, and legal holidays, in on the registration rolls as an active voter. If the
which case the registration date is the book-closing applicant has not provided the necessary evidence or
date. the number has not otherwise been verified prior to the
(5)(a) A voter registration application is complete if it applicant presenting himself or herself to vote, the
contains the following information necessary to estab-applicant shall be provided a provisional ballot. The
lish the applicant’s eligibility pursuant to s. 97.041, provisional ballot shall be counted only if the number is
including: verified by the end of the canvassing period or if the
1. The applicant’s name. applicant presents evidence to the supervisor of elec
2. The applicant’s legal residence address. tions sufficient to verify the authenticity of the applicant’s
3. The applicant’s date of birth. driver’s license number, Florida identification card
4. A mark in the checkbox affirming that the number, or last four digits of the social security number
applicant is a citizen of the United States. no later than 5 p.m. of the second day following the
election.
ver’s license number or the identification number from a
5.a. The applicant’s current and valid Florida dri
(7) All voter registration applications received by a
Florida identification card issued under s. 322.051, or voter registration official shall be entered into the
statewide voter registration system within 13 days
after receipt. Once entered, the application shall be
b. If the applicant has not been issued a current and
valid Florida driver’s license or a Florida identification
immediately forwarded to the appropriate supervisor of card, the last four digits of the applicant’s social security
elections.number.
History.—s. 11, ch. 94-224; s. 27, ch. 97-13; s. 5, ch. 98-129; s. 4, ch. 2003-415;
s. 5, ch. 2005-277; s. 6, ch. 2005-278; s. 13, ch. 2007-30; s. 3, ch. 2008-95. In case an applicant has not been issued a current and
valid Florida driver’s license, Florida identification card, 97.0535 Special requirements for certain applior social security number, the applicant shall affirm this cants.— fact in the manner prescribed in the uniform statewide (1) Each applicant who registers by mail and who voter registration application. has never previously voted in the state and who the
6. A mark in the checkbox affirming that the department has verified has not been issued a current
applicant has not been convicted of a felony or that, if and valid Florida driver’s license, Florida identification
convicted, has had his or her civil rights restored. card, or social security number shall be required to
7. A mark in the checkbox affirming that the provide a copy of a current and valid identification, as
applicant has not been adjudicated mentally incapaciprovided in subsection (3), or indicate that he or she is
tated with respect to voting or that, if so adjudicated, has exempt from the requirements prior to voting. Such
had his or her right to vote restored. identification or indication may be provided at the time of
8. The original signature or a digital signature registering, or at any time prior to voting for the first time
transmitted by the Department of Highway Safety and in the state. If the voter registration application clearly
Motor Vehicles of the applicant swearing or affirming provides information from which a voter registration
under the penalty for false swearing pursuant to s. official can determine that the applicant meets at least
104.011 that the information contained in the registra-one of the exemptions in subsection (4), the voter
tion application is true and subscribing to the oath registration official shall make the notation on the
required by s. 3, Art. VI of the State Constitution and s. registration records of the statewide voter registration
97.051. system and the applicant shall not be required to
(b) An applicant who fails to designate party affilia-provide the identification required by this section.
tion must be registered without party affiliation. The (2) The voter registration official shall, upon accept-
supervisor must notify the voter by mail that the voter ing the voter registration application submitted pursuant
has been registered without party affiliation and that the to subsection (1), determine if the applicant provided the
voter may change party affiliation as provided in s. required identification at the time of registering. If the
97.1031. required identification was not provided, the supervisor
(6) A voter registration application may be accepted shall notify the applicant that he or she must provide the
as valid only after the department has verified the identification prior to voting the first time in the state.
authenticity or nonexistence of the driver’s license (3)(a) The following forms of identification shall be
number, the Florida identification card number, or the considered current and valid if they contain the name
last four digits of the social security number provided by
and photograph of the applicant and have not expired:
the applicant. If a completed voter registration applica-1. United States passport.
tion has been received by the book-closing deadline but
2. Debit or credit card.
the driver’s license number, the Florida identification
3. Military identification.
card number, or the last four digits of the social security
4. Student identification.
number provided by the applicant cannot be verified, the
5. Retirement center identification.
applicant shall be notified that the number cannot be
6. Neighborhood association identification.
verified and that the applicant must provide evidence to
7. Public assistance identification.
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F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
(b) The following forms of identification shall be
considered current and valid if they contain the name
and current residence address of the applicant:
1. Utility bill.
2. Bank statement.
3. Government check.
4. Paycheck.
5. Other government document (excluding voter
identification card).
(4) The following persons are exempt from the
identification requirements of this section:
(a) Persons 65 years of age or older.
(b) Persons with a temporary or permanent physical
disability.
(c) Members of the uniformed service on active duty
who, by reason of such active duty, are absent from the
county on election day.
(d) Members of the Merchant Marine who, by reason
of service in the Merchant Marine, are absent from the
county on election day.
(e) The spouse or dependent of a member referred
to in paragraph (c) or paragraph (d) who, by reason of
the active duty or service of the member, is absent from
the county on election day.
(f) Persons currently residing outside the United
States who are eligible to vote in Florida.
History.—s. 6, ch. 2003-415; s. 7, ch. 2005-278; s. 4, ch. 2008-95.
97.055 Registration books; when closed for an
election.—
(1)(a) The registration books must be closed on the
29th day before each election and must remain closed
until after that election. If an election is called and there
are fewer than 29 days before that election, the
registration books must be closed immediately.
(b) Except as provided in paragraph (c), when the
registration books are closed for an election, updates to
a voter’s name, address, and signature pursuant to ss.
98.077 and 101.045 shall be the only changes permitted
for purposes of the upcoming election. New voter
registration applications must be accepted but only for
the purpose of subsequent elections.
(c) When the registration books are closed for an
upcoming election, an update or change to a voter’s
party affiliation made pursuant to s. 97.1031 shall be
permitted for that upcoming election unless such
election is for the purpose of nominating a political
party nominee, in which case the update or change shall
be permitted only for the purpose of subsequent
elections.
(2) In computing the 29-day period for the closing of
the registration books, the day of the election is
excluded and all other days are included. If the 29th
day preceding an election falls on a Sunday or a legal
holiday, the registration books must be closed on the
next day that is not a Sunday or a legal holiday.
History.—s. 2, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 5, ch. 29934, s. 1, ch.
29761, 1955; s. 3, ch. 65-134; s. 2, ch. 67-530; s. 1, ch. 71-124; ss. 7, 8, ch. 72-63; s.
4, ch. 74-5; s. 1, ch. 77-174; s. 5, ch. 77-175; s. 7, ch. 80-292; s. 5, ch. 81-304; s. 1,
ch. 83-25; s. 27, ch. 84-302; s. 11, ch. 85-80; s. 6, ch. 89-338; s. 12, ch. 94-224; s. 6,
ch. 2005-277; s. 8, ch. 2005-278; s. 3, ch. 2005-286; s. 5, ch. 2008-95.
Note.—Former s. 97.02; s. 98.051.
97.0555 Late registration.—An individual or ac
companying family member who has been discharged
or separated from the uniformed services or the
Merchant Marine, or from employment outside the
territorial limits of the United States, after the book-
closing date for an election pursuant to s. 97.055 and
who is otherwise qualified may register to vote in such
election until 5 p.m. on the Friday before that election in
the office of the supervisor of elections. Such persons
must produce sufficient documentation showing evi
dence of qualifying for late registration pursuant to this
section. The Department of State shall adopt rules
specifying documentation that is sufficient to determine
eligibility.
History.—s. 47, ch. 2001-40; s. 1, ch. 2002-17.
97.057 Voter registration by the Department of
Highway Safety and Motor Vehicles.—
(1) The Department of Highway Safety and Motor
Vehicles shall provide the opportunity to register to vote
or to update a voter registration record to each individual
who comes to an office of that department to:
(a) Apply for or renew a driver’s license;
(b) Apply for or renew an identification card pursuant
to chapter 322; or
(c) Change an address on an existing driver’s
license or identification card.
(2) The Department of Highway Safety and Motor
Vehicles shall:
(a) Notify each individual, orally or in writing, that:
1. Information gathered for the completion of a
driver’s license or identification card application, renew
al, or change of address can be automatically trans
ferred to a voter registration application;
2. If additional information and a signature are
provided, the voter registration application will be
completed and sent to the proper election authority;
3. Information provided can also be used to update
a voter registration record;
4. All declinations will remain confidential and may
be used only for voter registration purposes; and
5. The particular driver license office in which the
person applies to register to vote or updates a voter
registration record will remain confidential and may be
used only for voter registration purposes.
(b) Require a driver’s license examiner to inquire
orally or, if the applicant is hearing impaired, inquire in
writing whether the applicant wishes to register to vote
or update a voter registration record during the comple
tion of a driver’s license or identification card applica
tion, renewal, or change of address.
1. If the applicant chooses to register to vote or to
update a voter registration record:
a. All applicable information received by the Depart
ment of Highway Safety and Motor Vehicles in the
course of filling out the forms necessary under subsec
tion (1) must be transferred to a voter registration
application.
b. The additional necessary information must be
obtained by the driver’s license examiner and must not
duplicate any information already obtained while com
pleting the forms required under subsection (1).
c. A voter registration application with all of the
applicant’s voter registration information required to
establish the applicant’s eligibility pursuant to s. 97.041
9
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
must be presented to the applicant to review and verify
the voter registration information received and provide
an electronic signature affirming the accuracy of the
information provided.
2. If the applicant declines to register to vote, update
the applicant’s voter registration record, or change the
applicant’s address by either orally declining or by failing
to sign the voter registration application, the Department
of Highway Safety and Motor Vehicles must note such
declination on its records and shall forward the declina
tion to the statewide voter registration system.
(3) For the purpose of this section, the Department
of Highway Safety and Motor Vehicles, with the
approval of the Department of State, shall prescribe:
(a) A voter registration application that is the same in
content, format, and size as the uniform statewide voter
registration application prescribed under s. 97.052; and
(b) A form that will inform applicants under subsec
tion (1) of the information contained in paragraph (2)(a).
(4) The Department of Highway Safety and Motor
Vehicles must electronically transmit completed voter
registration applications within 24 hours after receipt to
the statewide voter registration system. Completed
paper voter registration applications received by the
Department of Highway Safety and Motor Vehicles shall
be forwarded within 5 days after receipt to the super
visor of the county where the office that processed or
received that application is located.
(5) The Department of Highway Safety and Motor
Vehicles must send, with each driver’s license renewal
extension application authorized pursuant to s.
322.18(8), a uniform statewide voter registration appli
cation, the voter registration application prescribed
under paragraph (3)(a), or a voter registration applica
tion developed especially for the purposes of this
subsection by the Department of Highway Safety and
Motor Vehicles, with the approval of the Department of
State, which must meet the requirements of s. 97.052.
(6) A person providing voter registration services for
a driver license office may not:
(a) Seek to influence an applicant’s political pre
ference or party registration;
(b) Display any political preference or party alle
giance;
(c) Make any statement to an applicant or take any
action the purpose or effect of which is to discourage the
applicant from registering to vote; or
(d) Disclose any applicant’s voter registration infor
mation except as needed for the administration of voter
registration.
(7) The Department of Highway Safety and Motor
Vehicles shall collect data determined necessary by the
Department of State for program evaluation and report
ing to the Election Assistance Commission pursuant to
federal law.
(8) The Department of Highway Safety and Motor
Vehicles must ensure that all voter registration services
provided by driver license offices are in compliance with
the Voting Rights Act of 1965.
(9) The Department of Highway Safety and Motor
Vehicles shall retain complete records of voter registra
tion information received, processed, and submitted to
the statewide voter registration system by the
Department of Highway Safety and Motor Vehicles.
These records shall be for the explicit purpose of
supporting audit and accounting controls established
to ensure accurate and complete electronic transmis
sion of records between the statewide voter registration
system and the Department of Highway Safety and
Motor Vehicles.
(10) The department shall provide the Department of
Highway Safety and Motor Vehicles with an electronic
database of street addresses valid for use as the legal
residence address as required in s. 97.053(5). The
Department of Highway Safety and Motor Vehicles shall
compare the address provided by the applicant against
the database of valid street addresses. If the address
provided by the applicant does not match a valid street
address in the database, the applicant will be asked to
verify the address provided. The Department of High
way Safety and Motor Vehicles shall not reject any
application for voter registration for which a valid match
cannot be made.
(11) The Department of Highway Safety and Motor
Vehicles shall enter into an agreement with the depart
ment to match information in the statewide voter
registration system with information in the database of
the Department of Highway Safety and Motor Vehicles
to the extent required to verify the accuracy of the
driver’s license number, Florida identification number,
or last four digits of the social security number provided
on applications for voter registration as required in s.
97.053.
(12) The Department of Highway Safety and Motor
Vehicles shall enter into an agreement with the Com
missioner of Social Security as required by the Help
America Vote Act of 2002 to verify the last four digits of
the social security number provided in applications for
voter registration as required in s. 97.053.
History.—s. 13, ch. 94-224; s. 2, ch. 2002-189; s. 9, ch. 2005-278.
97.0575 Third-party voter registrations.—
(1) Before engaging in any voter registration activ
ities, a third-party voter registration organization must
register and provide to the division, in an electronic
format, the following information:
(a) The names of the officers of the organization and
the name and permanent address of the organization.
(b) The name and address of the organization’s
registered agent in the state.
(c) The names, permanent addresses, and tempor
ary addresses, if any, of each registration agent
registering persons to vote in this state on behalf of
the organization.
(d) A sworn statement from each registration agent
employed by or volunteering for the organization stating
that the agent will obey all state laws and rules regarding
the registration of voters. Such statement must be on a
form containing notice of applicable penalties for false
registration.
(2) The division or the supervisor of elections shall
make voter registration forms available to third-party
voter registration organizations. All such forms must
contain information identifying the organization to which
the forms are provided. The division shall maintain a
database of all third-party voter registration
10
F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
organizations and the voter registration forms assigned voter registration application promptly is based upon
to the third-party voter registration organization. Each force majeure or impossibility of performance.
supervisor of elections shall provide to the division
(4) If the Secretary of State reasonably believes that
information on voter registration forms assigned to and
a person has committed a violation of this section, the
received from third-party voter registration organiza-secretary may refer the matter to the Attorney General
tions. The information must be provided in a format and
for enforcement. The Attorney General may institute a
at times as required by the division by rule. The division
civil action for a violation of this section or to prevent a
must update information on third-party voter registra-violation of this section. An action for relief may include
tions daily and make the information publicly available.
a permanent or temporary injunction, a restraining
(3)(a) A third-party voter registration organization order, or any other appropriate order.
that collects voter registration applications serves as a
(5) The division shall adopt by rule a form to elicit
fiduciary to the applicant, ensuring that any voter
specific information concerning the facts and circum
registration application entrusted to the organization,
stances from a person who claims to have been
irrespective of party affiliation, race, ethnicity, or gender,
registered to vote by a third-party voter registration
shall be promptly delivered to the division or the
organization but who does not appear as an active voter
supervisor of elections within 48 hours after the
on the voter registration rolls. The division shall also
applicant completes it or the next business day if the
adopt rules to ensure the integrity of the registration
appropriate office is closed for that 48-hour period. If a
process, including rules requiring third-party voter
voter registration application collected by any third-party
registration organizations to account for all state and
voter registration organization is not promptly delivered
federal registration forms used by their registration
to the division or supervisor of elections, the third-party
agents. Such rules may require an organization to
voter registration organization is liable for the following
provide organization and form specific identification
fines:
information on each form as determined by the depart
1. A fine in the amount of $50 for each application
ment as needed to assist in the accounting of state and
received by the division or the supervisor of elections
federal registration forms.
more than 48 hours after the applicant delivered the
(6) The date on which an applicant signs a voter
completed voter registration application to the third-registration application is presumed to be the date on
party voter registration organization or any person,
which the third-party voter registration organization
entity, or agent acting on its behalf or the next business
received or collected the voter registration application.
day, if the office is closed. A fine in the amount of $250
(7) The requirements of this section are retroactive
for each application received if the third-party voter
for any third-party voter registration organization regis
registration organization or person, entity, or agency
tered with the department on the effective date of this
acting on its behalf acted willfully.
act, and must be complied with within 90 days after the
2. A fine in the amount of $100 for each application
department provides notice to the third-party voter
collected by a third-party voter registration organization
registration organization of the requirements contained
or any person, entity, or agent acting on its behalf,
in this section. Failure of the third-party voter registra
before book closing for any given election for federal or
tion organization to comply with the requirements within
state office and received by the division or the super-90 days after receipt of the notice shall automatically
visor of elections after the book-closing deadline for
result in the cancellation of the third-party voter
such election. A fine in the amount of $500 for each
registration organization’s registration.
application received if the third-party registration orgaHistory.—s. 7, ch. 2005-277; s. 2, ch. 2007-30; s. 4, ch. 2011-40.
nization or person, entity, or agency acting on its behalf
acted willfully. 97.058 Voter registration agencies.—
(1) Each voter registration agency must provide
collected by a third-party voter registration organization
3. A fine in the amount of $500 for each application
each applicant the opportunity to register to vote or to
or any person, entity, or agent acting on its behalf, which update a voter registration record, at the time the
is not submitted to the division or supervisor of applicant applies for services or assistance from that
elections. A fine in the amount of $1,000 for any agency, for renewal of such services or assistance, or
application not submitted if the third-party voter regisfor a change of address required with respect to the
tration organization or person, entity, or agency acting services or assistance.
on its behalf acted willfully. (2) Each voter registration agency, other than a
public library, must develop and provide each applicant
The aggregate fine pursuant to this paragraph which with a form approved by the department containing all of
may be assessed against a third-party voter registration the following:
organization, including affiliate organizations, for viola-(a) The questions:
tions committed in a calendar year is $1,000. 1. “If you are not registered to vote where you live
(b) A showing by the third-party voter registration now, would you like to apply to register to vote today?”
organization that the failure to deliver the voter registra-2. “If you are registered to vote where you live now,
tion application within the required timeframe is based would you like to update your voter registration record?”
upon force majeure or impossibility of performance shall
(b) For agencies providing public assistance, the
be an affirmative defense to a violation of this subsec-statement, “Applying to register or declining to register
tion. The secretary may waive the fines described in this
to vote will not affect the amount of assistance that you
subsection upon a showing that the failure to deliver the
will be provided by this agency.”
11
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
(c) Boxes for the applicant to check which indicate
that:
1. The applicant would like to register to vote or
update a current voter registration;
2. The applicant would like to decline to register to
vote; or
3. The applicant is already registered to vote and
does not need to update the voter registration,
together with the statement, “If you do not check any
box, you will be considered to have decided not to
register to vote or update a voter registration at this
time.”
(d) The statement, “If you would like help in filling out
the voter registration application, we will help you. The
decision whether to seek or accept help is yours. You
may fill out the voter registration application in private.”
(e) The statement, “If you believe that someone has
interfered with your right to register or to decline to
register to vote, your right to privacy in deciding whether
to register or in applying to register to vote, or your right
to choose your own political party or other political
preference, you may file a complaint with the Secretary
of State.”
(f) The address and telephone number of the
appropriate office in the department where a complaint
may be filed.
(g) A statement that all declinations will remain
confidential and may be used only for voter registration
purposes.
(h) A statement that informs the applicant who
chooses to register to vote or update a voter registration
record that the office at which the applicant submits a
voter registration application or updates a voter regis
tration record will remain confidential and may be used
only for voter registration purposes.
(3)(a) A voter registration agency may use the uni
form statewide voter registration application or may
create and use a voter registration application that
meets the requirements of s. 97.052, with the approval
of the department.
(b) A voter registration agency must provide to each
applicant under subsection (1) the voter registration
application that the agency decides to use pursuant to
paragraph (a). An applicant who indicates a desire to
register to vote or update a voter registration record
must be provided the same degree of assistance with
regard to the completion of that voter registration
application as is provided by the agency with regard
to the completion of its own forms, unless the applicant
refuses that assistance.
(4) If a voter registration agency provides services to
a person with a disability at the person’s home, the
agency must also provide voter registration services at
the person’s home.
(5) A voter registration agency must establish pro
cedures for providing voter registration services to
applicants who apply by telephone.
(6) A voter registration agency must forward all
completed and incomplete voter registration applica
tions within 5 days after receipt to the supervisor of the
county where the agency that processed or received
that application is located.
(7) A voter registration agency must retain declina
tions for a period of 2 years, during which time the
declinations are not considered a record of the client
pursuant to the laws governing the agency’s records.
(8) A person providing voter registration services for
a voter registration agency may not:
(a) Seek to influence an applicant’s political pre
ference or party registration;
(b) Display any political preference or party alle
giance;
(c) Make any statement to an applicant or take any
action the purpose or effect of which is to lead the
applicant to believe that a decision to register or not to
register has any bearing on the availability of services or
benefits;
(d) Make any statement to an applicant or take any
action the purpose or effect of which is to discourage the
applicant from registering to vote; or
(e) Disclose any applicant’s voter registration infor
mation except as needed for the administration of voter
registrations.
(9) A voter registration agency must collect data
determined necessary by the department, as provided
by rule, for program evaluation and reporting to the
Election Assistance Commission pursuant to federal
law.
(10) Each state agency which contracts with a private
provider that is also a voter registration agency as
defined in s. 97.021 is responsible for contracting for
voter registration services with that provider and for
ensuring that the private provider complies with the
provisions of this section.
(11) Each voter registration agency must ensure that
all voter registration services provided by its offices are
in compliance with the Voting Rights Act of 1965.
History.—s. 14, ch. 94-224; s. 3, ch. 2002-189; s. 10, ch. 2005-278.
97.0583 Voter registration at qualifying educa
tional institutions.—Each qualifying educational insti
tution shall provide each student enrolled in that
institution the opportunity to register to vote or to update
a voter registration record on each campus at least once
a year. Qualifying educational institutions are also
encouraged to provide voter registration services at
other times and places, such as upon application for
financial aid, during admissions, at registration, upon
issuance of student identifications, and at new-student
orientation.
History.—s. 3, ch. 96-327.
97.05831 Voter registration applications made
available to the Fish and Wildlife Conservation
Commission.—As required in s. 379.352, each super
visor of elections shall supply voter registration applica
tions to the Fish and Wildlife Conservation Commission
and its subagents, as needed.
History.—s. 1, ch. 2006-95; s. 183, ch. 2008-247.
97.0585 Public records exemption; information
regarding voters and voter registration; confidenti
ality.—
(1) The following information held by an agency as
defined in s. 119.011 is confidential and exempt from s.
12
F.S. 2011 QUALIFICATION AND REGISTRATION OF ELECTORS Ch. 97
119.07(1) and s. 24(a), Art. I of the State Constitution
and may be used only for purposes of voter registration:
(a) All declinations to register to vote made pursuant
to ss. 97.057 and 97.058.
(b) Information relating to the place where a person
registered to vote or where a person updated a voter
registration.
(c) The social security number, driver’s license
number, and Florida identification number of a voter
registration applicant or voter.
(2) The signature of a voter registration applicant or
a voter is exempt from the copying requirements of s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) The names, addresses, and telephone numbers
of persons who are victims of stalking or aggravated
stalking are exempt from s. 119.071(1) and s. 24(a), Art.
I of the State Constitution in the same manner that the
names, addresses, and telephone numbers of partici
pants in the Address Confidentiality Program for Victims
of Domestic Violence which are held by the Attorney
General under s. 741.465 are exempt from disclosure,
provided that the victim files a sworn statement of
stalking with the Office of the Attorney General and
otherwise complies with the procedures in ss. 741.401
741.409.
(4) This section applies to information held by an
agency before, on, or after the effective date of this
exemption.
(5) Subsection (3) is subject to the Open Govern
ment Sunset Review Act in accordance with s. 119.15
and shall stand repealed on October 2, 2015, unless
reviewed and saved from repeal through reenactment
by the Legislature.
History.—ss. 1, 2, ch. 94-345; s. 24, ch. 96-406; ss. 1, 3, ch. 2005-279; s. 1, ch.
2010-42; ss. 1, 2, ch. 2010-115.
97.061 Special registration for electors requir
ing assistance.—
(1) Any person who is eligible to register and who is
unable to read or write or who, because of some
disability, needs assistance in voting shall upon that
person’s request be registered under the procedure
prescribed by this section and shall be entitled to
receive assistance at the polls under the conditions
prescribed by this section. The department may adopt
rules to administer this section.
(2) If a person is qualified to register pursuant to this
section, the voter registration official shall note in that
person’s registration record that the person needs
assistance in voting.
(3) The precinct register generated by the super
visor shall contain a notation that such person is eligible
for assistance in voting, and the supervisor may make a
notation on the voter information card that such person
is eligible for assistance in voting. Such person shall be
entitled to receive the assistance of two election officials
or some other person of his or her own choice, other
than the person’s employer, the agent of the person’s
employer, or an officer or agent of the person’s union,
without the necessity of executing the “Declaration to
Secure Assistance” prescribed in s. 101.051. Such
person shall notify the supervisor of any change in his or
her condition which makes it unnecessary for him or her
to receive assistance in voting.
History.—s. 14, ch. 6469, 1913; RGS 318; CGL 375; s. 3, ch. 25388, 1949; s. 6,
ch. 25391, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 28156, 1953; s. 1, ch. 59-446; s. 1,
ch. 61-358; s. 4, ch. 65-60; s. 3, ch. 77-175; s. 1, ch. 79-366; s. 2, ch. 81-304; s. 1,
ch. 84-302; s. 15, ch. 94-224; s. 1384, ch. 95-147; s. 11, ch. 2005-278.
Note.—Former ss. 97.06 and 102.21.
97.071 Voter information card.—
(1) A voter information card shall be furnished by the
supervisor to all registered voters residing in the
supervisor’s county. The card must contain:
(a) Voter’s registration number.
(b) Date of registration.
(c) Full name.
(d) Party affiliation.
(e) Date of birth.
(f) Address of legal residence.
(g) Precinct number.
(h) Polling place address.
(i) Name of supervisor and contact information of
supervisor.
(j) Other information deemed necessary by the
supervisor.
1(2) A voter may receive a replacement voter infor
mation card by providing a signed, written request for a
replacement card to a voter registration official. Upon
verification of registration, the supervisor shall issue the
voter a duplicate card without charge.
1(3) In the case of a change of name, address of legal
residence, polling place address, or party affiliation, the
supervisor shall issue the voter a new voter information
card.
History.—s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 191, 192;
RGS 235, 236; CGL 288, 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch.
26870, 1951; s. 10, ch. 27991, 1953; s. 6, ch. 65-60; s. 8, ch. 69-377; ss. 10, 35, ch.
69-106; s. 18, ch. 94-224; s. 28, ch. 97-13; s. 7, ch. 98-129; s. 2, ch. 2000-250; s. 4,
ch. 2002-189; s. 8, ch. 2005-277; s. 12, ch. 2005-278; s. 4, ch. 2005-286; s. 5, ch.
2011-40.
1Note.—Section 6, ch. 2011-40, provides that “[t]he supervisor must meet the
requirements of section 5 of this act for any elector who registers to vote or who is
issued a new voter information card pursuant to s. 97.071(2) or (3), Florida Statutes,
on or after August 1, 2012.”
Note.—Former ss. 98.31 and 98.32.
97.073 Disposition of voter registration applica
tions; cancellation notice.—
(1) The supervisor must notify each applicant of the
disposition of the applicant’s voter registration applica
tion within 5 business days after voter registration
information is entered into the statewide voter registra
tion system. The notice must inform the applicant that
the application has been approved, is incomplete, has
been denied, or is a duplicate of a current registration. A
voter information card sent to an applicant constitutes
notice of approval of registration. If the application is
incomplete, the supervisor must request that the
applicant supply the missing information using a voter
registration application signed by the applicant. A notice
of denial must inform the applicant of the reason the
application was denied.
(2) Within 2 weeks after approval of a voter regis
tration application that indicates that the applicant was
previously registered in another state, the department
must notify the registration official in the prior state that
the applicant is now registered in this state.
History.—s. 19, ch. 94-224; s. 62, ch. 2001-40; s. 13, ch. 2005-278; s. 7, ch.
2011-40.
13
Ch. 97 QUALIFICATION AND REGISTRATION OF ELECTORS F.S. 2011
97.1031 Notice of change of residence, change
of name, or change of party affiliation.—
(1)(a) When an elector changes his or her residence
address, the elector must notify the supervisor of
elections. Except as provided in paragraph (b), an
address change must be submitted using a voter
registration application.
(b) If the address change is within the state and
notice is provided to the supervisor of elections of the
county where the elector has moved, the elector may do
so by:
1. Contacting the supervisor of elections via tele
phone or electronic means, in which case the elector
must provide his or her date of birth; or
2. Submitting the change on a voter registration
application or other signed written notice.
(2) When an elector seeks to change party affilia
tion, the elector shall notify his or her supervisor of
elections or other voter registration official by using a
signed written notice that contains the elector’s date of
birth or voter registration number. When an elector
changes his or her name by marriage or other legal
process, the elector shall notify his or her supervisor of
elections or other voter registration official by using a
signed written notice that contains the elector’s date of
birth or voter’s registration number.
(3) The voter registration official shall make the
necessary changes in the elector’s records as soon
as practical upon receipt of such notice of a change of
address of legal residence, name, or party affiliation.
The supervisor of elections shall issue the new voter
information card.
History.—s. 7, ch. 78-403; s. 5, ch. 80-292; s. 21, ch. 94-224; s. 29, ch. 97-13; s.
31, ch. 99-2; s. 3, ch. 2000-250; s. 5, ch. 2002-189; s. 14, ch. 2005-278; s. 5, ch.
2005-286; s. 8, ch. 2011-40.
97.105 Permanent single registration system
established.—A permanent single registration system
for the registration of electors to qualify them to vote in
all elections is provided for the several counties and
municipalities. This system shall be put into use by all
municipalities and shall be in lieu of any other system of
municipal registration. Electors shall be registered
pursuant to this system by a voter registration official,
and electors registered shall not thereafter be required
to register or reregister except as provided by law.
History.—s. 1, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 59-237; s. 2, ch.
69-377; s. 1, ch. 73-155; s. 32, ch. 73-333; s. 5, ch. 77-175; s. 23, ch. 94-224; s. 15,
ch. 2005-278.
Note.—Former s. 97.01; s. 98.041.
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F.S. 2011 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
CHAPTER 98
REGISTRATION OFFICE, OFFICERS, AND PROCEDURES
98.015 Supervisor of elections; election, tenure of
office, compensation, custody of registra
tion-related documents, office hours, suc
cessor, seal; appointment of deputy
supervisors; duties.
98.035 Statewide voter registration system; imple
mentation, operation, and maintenance.
98.045 Administration of voter registration.
98.065 Registration list maintenance programs.
98.0655 Registration list maintenance forms.
98.075 Registration records maintenance activities;
ineligibility determinations.
98.0755 Appeal of determination of ineligibility.
98.077 Update of voter signature.
98.081 Names removed from the statewide voter
registration system; restrictions on rere
gistering; recordkeeping; restoration of
erroneously or illegally removed names.
98.093 Duty of officials to furnish information relat
ing to deceased persons, persons adjudi
cated mentally incapacitated, and persons
convicted of a felony.
98.0981 Reports; voting history; statewide voter re
gistration system information; precinct-
level election results; book closing statis
tics.
98.212 Department and supervisors to furnish sta
tistical and other information.
98.255 Voter education programs.
98.461 Registration application, precinct register;
contents.
98.015 Supervisor of elections; election, tenure
of office, compensation, custody of registration-
related documents, office hours, successor, seal;
appointment of deputy supervisors; duties.—
(1) A supervisor of elections shall be elected in each
county at the general election in each year the number
of which is a multiple of four for a 4-year term
commencing on the first Tuesday after the first Monday
in January succeeding his or her election. Each super
visor shall, before performing any of his or her duties,
take the oath prescribed in s. 5, Art. II of the State
Constitution.
(2) The supervisor’s compensation shall be paid by
the board of county commissioners.
(3) The supervisor shall update voter registration
information, enter new voter registrations into the
statewide voter registration system, and act as the
official custodian of documents received by the super
visor related to the registration of electors and changes
in voter registration status of electors of the supervisor’s
county.
(4) At a minimum, the office of the supervisor must
be open Monday through Friday, excluding legal holi
days, for a period of not less than 8 hours per day,
beginning no later than 9 a.m.
(5) The supervisor shall preserve statements and
other information required to be filed with the
supervisor’s office pursuant to chapter 106 for a period
of 10 years from date of receipt.
(6) The supervisor shall, upon leaving office, deliver
to his or her successor immediately all records belong
ing to the office.
(7) Each supervisor is authorized to obtain for the
office an impression seal approved by the department.
An impression of the seal with a description thereof shall
be filed with the department. The supervisor is empow
ered to attach an impression of the seal upon official
documents and certificates executed over the super
visor’s signature and take oaths and acknowledgments
under the supervisor’s seal in matters pertaining to the
office. However, said seal need not be affixed to
registration certificates.
(8) Each supervisor may select and appoint, subject
to removal by the supervisor, as many deputy super
visors as are necessary, whose compensation must be
paid by the supervisor and who shall have the same
powers and whose acts shall have the same effect as
the acts of the supervisor; except that the supervisor
shall limit the power to appoint deputy supervisors to
designated deputy supervisors. Each deputy supervisor
shall, before entering office, take an oath in writing that
he or she will faithfully perform the duties of the deputy
supervisor’s office, which oath must be acknowledged
by the supervisor or a designated deputy supervisor and
must be filed in the office of the supervisor.
(9) Each supervisor must make training in the proper
implementation of voter registration procedures avail
able to any individual, group, center for independent
living, or public library in the supervisor’s county.
(10) Each supervisor shall ensure that all voter
registration and list maintenance procedures conducted
by such supervisor are in compliance with any applic
able requirements prescribed by rule of the department
through the statewide voter registration system or
prescribed by the Voting Rights Act of 1965, the
National Voter Registration Act of 1993, or the Help
America Vote Act of 2002.
(11) Each supervisor shall ensure that any voter
registration system used by the supervisor for admin
istering his or her duties as a voter registration official
complies with the specifications and procedures estab
lished by rule of the department and the statewide voter
registration system.
(12) Each supervisor shall maintain a list of valid
residential street addresses for purposes of verifying the
legal addresses of voters residing in the supervisor’s
county. The supervisor shall make all reasonable efforts
to coordinate with county 911 service providers, prop
erty appraisers, the United States Postal Service, or
other agencies as necessary to ensure the continued
accuracy of such list. The supervisor shall provide the
list of valid residential addresses to the statewide voter
registration system in the manner and frequency
specified by rule of the department.
History.—chs. 3700, 3704, 1887; s. 8, ch. 3879, 1889; RS 162; s. 9, ch. 4328,
1895; GS 179, 180; s. 1, ch. 5614, 1907; s. 1, ch. 9271, 1923; RGS 223, 224; CGL
258, 259; ss. 1, 2, ch. 22759, 1945; s. 2, ch. 26870, 1951; s. 10, ch. 65-134; ss. 10,
15
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2011
11, 35, ch. 69-106; s. 33, ch. 69-216; s. 5, ch. 77-175; s. 25, ch. 94-224; s. 1385, ch.
95-147; s. 17, ch. 98-34; s. 2, ch. 98-129; s. 16, ch. 2005-278.
Note.—Former ss. 98.13, 98.14, 98.17; s. 98.161.
98.035 Statewide voter registration system; im
plementation, operation, and maintenance.—
(1) The Secretary of State, as chief election officer of
the state, shall be responsible for implementing, oper
ating, and maintaining, in a uniform and nondiscrimina
tory manner, a single, uniform, official, centralized,
interactive, computerized statewide voter registration
system as required by the Help America Vote Act of
2002. The department may adopt rules to administer
this section.
(2) The statewide voter registration system must
contain the name and registration information of every
legally registered voter in the state. All voters shall be
assigned a unique identifier. The system shall be the
official list of registered voters in the state and shall
provide secured access by authorized voter registration
officials. The system shall enable voter registration
officials to provide, access, and update voter registra
tion information.
(3) The department may not contract with any other
entity for the operation of the statewide voter registra
tion system.
(4) The implementation of the statewide voter regis
tration system shall not prevent any supervisor of
elections from acquiring, maintaining, or using any
hardware or software necessary or desirable to carry
out the supervisor’s responsibilities related to the use of
voter registration information or the conduct of elec
tions, provided that such hardware or software does not
conflict with the operation of the statewide voter
registration system.
(5) The department may adopt rules governing the
access, use, and operation of the statewide voter
registration system to ensure security, uniformity, and
integrity of the system.
History.—s. 17, ch. 2005-278.
98.045 Administration of voter registration.—
(1) ELIGIBILITY OF APPLICANT.—The supervisor
must ensure that any eligible applicant for voter
registration is registered to vote and that each applica
tion for voter registration is processed in accordance
with law. The supervisor shall determine whether a voter
registration applicant is ineligible based on any of the
following:
(a) The failure to complete a voter registration
application as specified in s. 97.053.
(b) The applicant is deceased.
(c) The applicant has been convicted of a felony for
which his or her civil rights have not been restored.
(d) The applicant has been adjudicated mentally
incapacitated with respect to the right to vote and
such right has not been restored.
(e) The applicant does not meet the age requirement
pursuant to s. 97.041.
(f) The applicant is not a United States citizen.
(g) The applicant is a fictitious person.
(h) The applicant has provided an address of legal
residence that is not his or her legal residence.
(i) The applicant has provided a driver’s license
number, Florida identification card number, or the last
four digits of a social security number that is not
verifiable by the department.
(2) REMOVAL OF REGISTERED VOTERS.—
(a) Once a voter is registered, the name of that voter
may not be removed from the statewide voter registra
tion system except at the written request of the voter, by
reason of the voter’s conviction of a felony or adjudica
tion as mentally incapacitated with respect to voting, by
death of the voter, or pursuant to a registration list
maintenance activity conducted pursuant to s. 98.065 or
s. 98.075.
(b) Information received by a voter registration
official from an election official in another state indicat
ing that a registered voter in this state has registered to
vote in that other state shall be considered as a written
request from the voter to have the voter’s name
removed from the statewide voter registration system.
(3) PUBLIC RECORDS ACCESS AND RETEN-
TION.—Each supervisor shall maintain for at least 2
years, and make available for public inspection and
copying, all records concerning implementation of
registration list maintenance programs and activities
conducted pursuant to ss. 98.065 and 98.075. The
records must include lists of the name and address of
each person to whom a notice was sent and information
as to whether each such person responded to the
mailing, but may not include any information that is
confidential or exempt from public records requirements
under this code.
(4) STATEWIDE ELECTRONIC DATABASE OF
VALID RESIDENTIAL STREET ADDRESSES.—
(a) The department shall compile and maintain a
statewide electronic database of valid residential street
addresses from the information provided by the super
visors of elections pursuant to s. 98.015. The depart
ment shall evaluate the information provided by the
supervisors of elections to identify any duplicate ad
dresses and any address that may overlap county
boundaries.
(b) The department shall make the statewide data
base of valid street addresses available to the Depart
ment of Highway Safety and Motor Vehicles as provided
in s. 97.057(10). The Department of Highway Safety
and Motor Vehicles shall use the database for purposes
of validating the legal residential addresses provided in
voter registration applications received by the Depart
ment of Highway Safety and Motor Vehicles.
(5) FORMS.—The department may prescribe by
rule forms necessary to conduct maintenance of
records in the statewide voter registration system.
History.—s. 26, ch. 94-224; s. 36, ch. 97-13; s. 2, ch. 2002-17; s. 7, ch.
2003-415; s. 9, ch. 2005-277; s. 18, ch. 2005-278.
98.065 Registration list maintenance programs.
(1) The supervisor must conduct a general registra
tion list maintenance program to protect the integrity of
the electoral process by ensuring the maintenance of
accurate and current voter registration records in the
statewide voter registration system. The program must
be uniform, nondiscriminatory, and in compliance with
the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, and the Help America Vote
16
F.S. 2011 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
Act of 2002. As used in this subsection, the term
“nondiscriminatory” applies to and includes persons
with disabilities.
(2) A supervisor must incorporate one or more of the
following procedures in the supervisor’s biennial regis
tration list maintenance program under which:
(a) Change-of-address information supplied by the
United States Postal Service through its licensees is
used to identify registered voters whose addresses
might have changed;
(b) Change-of-address information is identified from
returned nonforwardable return-if-undeliverable mail
sent to all registered voters in the county; or
(c) Change-of-address information is identified from
returned nonforwardable return-if-undeliverable ad
dress confirmation requests mailed to all registered
voters who have not voted in the last 2 years and who
did not make a written request that their registration
records be updated during that time.
(3) A registration list maintenance program must be
conducted by each supervisor, at a minimum, in each
odd-numbered year and must be completed not later
than 90 days prior to the date of any federal election. All
list maintenance actions associated with each voter
must be entered, tracked, and maintained in the state
wide voter registration system.
(4)(a) If the supervisor receives change-of-address
information pursuant to the activities conducted in
subsection (2), from jury notices signed by the voter
and returned to the courts, from the Department of
Highway Safety and Motor Vehicles, or from other
sources which indicates that a registered voter’s legal
residence might have changed to another location
within the state, the supervisor must change the
registration records to reflect the new address and
must send the voter an address change notice as
provided in s. 98.0655(2).
(b) If the supervisor of elections receives change-of
address information pursuant to the activities conducted
in subsection (2), from jury notices signed by the voter
and returned to the courts, or from other sources which
indicates that a registered voter’s legal residence might
have changed to a location outside the state, the
supervisor of elections shall send an address confirma
tion final notice to the voter as provided in s. 98.0655(3).
(c) The supervisor must designate as inactive all
voters who have been sent an address confirmation
final notice and who have not returned the postage
prepaid, preaddressed return form within 30 days or for
which the final notice has been returned as undeliver
able. Names on the inactive list may not be used to
calculate the number of signatures needed on any
petition. A voter on the inactive list may be restored to
the active list of voters upon the voter updating his or her
registration, requesting an absentee ballot, or appearing
to vote. However, if the voter does not update his or her
voter registration information, request an absentee
ballot, or vote by the second general election after
being placed on the inactive list, the voter’s name shall
be removed from the statewide voter registration
system and the voter shall be required to reregister to
have his or her name restored to the statewide voter
registration system.
(5) A notice may not be issued pursuant to this
section and a voter’s name may not be removed from
the statewide voter registration system later than 90
days prior to the date of a federal election. However, this
section does not preclude the removal of the name of a
voter from the statewide voter registration system at any
time upon the voter’s written request, by reason of the
voter’s death, or upon a determination of the voter’s
ineligibility as provided in s. 98.075(7).
(6)(a) No later than July 31 and January 31 of each
year, the supervisor must certify to the department the
list maintenance activities conducted during the first 6
months and the second 6 months of the year, respec
tively, including the number of address confirmation
requests sent, the number of voters designated as
inactive, and the number of voters removed from the
statewide voter registration system.
(b) If, based on the certification provided pursuant to
paragraph (a), the department determines that a super
visor has not conducted the list maintenance activities
required by this section, the department shall conduct
the appropriate list maintenance activities for that
county. Failure to conduct list maintenance activities
as required in this section constitutes a violation of s.
104.051.
History.—s. 28, ch. 94-224; s. 6, ch. 2002-281; s. 19, ch. 2005-278; s. 6, ch.
2008-95.
98.0655 Registration list maintenance forms.—
The department shall prescribe registration list main
tenance forms to be used by the supervisors which must
include:
(1) An address confirmation request that must
contain:
(a) The voter’s name and address of legal residence
as shown on the voter registration record; and
(b) A request that the voter notify the supervisor if
either the voter’s name or address of legal residence is
incorrect.
(2) An address change notice that must be sent to
the newly recorded address of legal residence by
forwardable mail, including a postage prepaid, pread
dressed return form with which the voter may verify or
correct the voter’s new address information.
(3) An address confirmation final notice that must be
sent to the newly recorded address of legal residence by
forwardable mail and must contain a postage prepaid,
preaddressed return form and a statement that:
(a) If the voter has not changed his or her legal
residence or has changed his or her legal residence
within the state, the voter should return the form within
30 days after the date on which the notice was sent to
the voter.
(b) If the voter has changed his or her legal residence
to a location outside the state:
1. The voter shall return the form, which serves as a
request to be removed from the registration books; and
2. The voter shall be provided with information on
how to register in the new jurisdiction in order to be
eligible to vote.
(c) If the return form is not returned, the voter’s name
shall be designated as inactive in the statewide voter
registration system.
History.—s. 7, ch. 2008-95.
17
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2011
98.075 Registration records maintenance activ
ities; ineligibility determinations.—
(1) MAINTENANCE OF RECORDS.—The depart
ment shall protect the integrity of the electoral process
by ensuring the maintenance of accurate and current
voter registration records. List maintenance activities
must be uniform, nondiscriminatory, and in compliance
with the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, and the Help America Vote Act
of 2002. The department may adopt by rule uniform
standards and procedures to interpret and administer
this section.
(2) DUPLICATE REGISTRATION.—The depart
ment shall identify those voters who are registered
more than once or those applicants whose registration
applications would result in duplicate registrations. The
most recent application shall be deemed an update to
the voter registration record.
(3) DECEASED PERSONS.—
(a)1. The department shall identify those registered
voters who are deceased by comparing information
received from either:
a. The Department of Health as provided in s.
98.093; or
b. The United States Social Security Administration,
including, but not limited to, any master death file or
index compiled by the United States Social Security
Administration.
2. Within 7 days after receipt of such information
through the statewide voter registration system, the
supervisor shall remove the name of the registered
voter.
(b) The supervisor shall remove the name of a
deceased registered voter from the statewide voter
registration system upon receipt of a copy of a death
certificate issued by a governmental agency authorized
to issue death certificates.
(4) ADJUDICATION OF MENTAL INCAPACITY.—
The department shall identify those registered voters
who have been adjudicated mentally incapacitated with
respect to voting and who have not had their voting
rights restored by comparing information received from
the clerk of the circuit court as provided in s. 98.093. The
department shall review such information and make an
initial determination as to whether the information is
credible and reliable. If the department determines that
the information is credible and reliable, the department
shall notify the supervisor and provide a copy of the
supporting documentation indicating the potential in
eligibility of the voter to be registered. Upon receipt of
the notice that the department has made a determina
tion of initial credibility and reliability, the supervisor
shall adhere to the procedures set forth in subsection (7)
prior to the removal of a registered voter from the
statewide voter registration system.
(5) FELONY CONVICTION.—The department shall
identify those registered voters who have been con
victed of a felony and whose rights have not been
restored by comparing information received from, but
not limited to, a clerk of the circuit court, the Board of
Executive Clemency, the Department of Corrections,
the Department of Law Enforcement, or a United States
Attorney’s Office, as provided in s. 98.093. The
department shall review such information and make
an initial determination as to whether the information is
credible and reliable. If the department determines that
the information is credible and reliable, the department
shall notify the supervisor and provide a copy of the
supporting documentation indicating the potential in
eligibility of the voter to be registered. Upon receipt of
the notice that the department has made a determina
tion of initial credibility and reliability, the supervisor
shall adhere to the procedures set forth in subsection (7)
prior to the removal of a registered voter’s name from
the statewide voter registration system.
(6) OTHER BASES FOR INELIGIBILITY.—If the
department or supervisor receives information from
sources other than those identified in subsections (2)
(5) that a registered voter is ineligible because he or she
is deceased, adjudicated a convicted felon without
having had his or her civil rights restored, adjudicated
mentally incapacitated without having had his or her
voting rights restored, does not meet the age require
ment pursuant to s. 97.041, is not a United States
citizen, is a fictitious person, or has listed a residence
that is not his or her legal residence, the supervisor must
adhere to the procedures set forth in subsection (7) prior
to the removal of a registered voter’s name from the
statewide voter registration system.
(7) PROCEDURES FOR REMOVAL.—
(a) If the supervisor receives notice or information
pursuant to subsections (4)-(6), the supervisor of the
county in which the voter is registered shall:
1. Notify the registered voter of his or her potential
ineligibility by mail within 7 days after receipt of notice or
information. The notice shall include:
a. A statement of the basis for the registered voter’s
potential ineligibility and a copy of any documentation
upon which the potential ineligibility is based.
b. A statement that failure to respond within 30 days
after receipt of the notice may result in a determination
of ineligibility and in removal of the registered voter’s
name from the statewide voter registration system.
c. A return form that requires the registered voter to
admit or deny the accuracy of the information underlying
the potential ineligibility for purposes of a final determi
nation by the supervisor.
d. A statement that, if the voter is denying the
accuracy of the information underlying the potential
ineligibility, the voter has a right to request a hearing for
the purpose of determining eligibility.
e. Instructions for the registered voter to contact the
supervisor of elections of the county in which the voter is
registered if assistance is needed in resolving the
matter.
f. Instructions for seeking restoration of civil rights
following a felony conviction, if applicable.
2. If the mailed notice is returned as undeliverable,
the supervisor shall publish notice once in a newspaper
of general circulation in the county in which the voter
was last registered. The notice shall contain the
following:
a. The voter’s name and address.
b. A statement that the voter is potentially ineligible
to be registered to vote.
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F.S. 2011 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
c. A statement that failure to respond within 30 days
after the notice is published may result in a determina
tion of ineligibility by the supervisor and removal of the
registered voter’s name from the statewide voter
registration system.
d. An instruction for the voter to contact the super
visor no later than 30 days after the date of the
published notice to receive information regarding the
basis for the potential ineligibility and the procedure to
resolve the matter.
e. An instruction to the voter that, if further assis
tance is needed, the voter should contact the supervisor
of elections of the county in which the voter is
registered.
3. If a registered voter fails to respond to a notice
pursuant to subparagraph 1. or subparagraph 2., the
supervisor shall make a final determination of the voter’s
eligibility. If the supervisor determines that the voter is
ineligible, the supervisor shall remove the name of the
registered voter from the statewide voter registration
system. The supervisor shall notify the registered voter
of the supervisor’s determination and action.
4. If a registered voter responds to the notice
pursuant to subparagraph 1. or subparagraph 2. and
admits the accuracy of the information underlying the
potential ineligibility, the supervisor shall make a final
determination of ineligibility and shall remove the voter’s
name from the statewide voter registration system. The
supervisor shall notify the registered voter of the
supervisor’s determination and action.
5. If a registered voter responds to the notice issued
pursuant to subparagraph 1. or subparagraph 2. and
denies the accuracy of the information underlying the
potential ineligibility but does not request a hearing, the
supervisor shall review the evidence and make a final
determination of eligibility. If such registered voter
requests a hearing, the supervisor shall send notice
to the registered voter to attend a hearing at a time and
place specified in the notice. Upon hearing all evidence
presented at the hearing, the supervisor shall make a
determination of eligibility. If the supervisor determines
that the registered voter is ineligible, the supervisor shall
remove the voter’s name from the statewide voter
registration system and notify the registered voter of
the supervisor’s determination and action.
(b) The following shall apply to this subsection:
1. All determinations of eligibility shall be based on a
preponderance of the evidence.
2. All proceedings are exempt from the provisions of
chapter 120.
3. Any notice shall be sent to the registered voter by
certified mail, return receipt requested, or other means
that provides a verification of receipt or shall be
published in a newspaper of general circulation where
the voter was last registered, whichever is applicable.
4. The supervisor shall remove the name of any
registered voter from the statewide voter registration
system only after the supervisor makes a final determi
nation that the voter is ineligible to vote.
5. Any voter whose name has been removed from
the statewide voter registration system pursuant to a
determination of ineligibility may appeal that determina
tion under the provisions of s. 98.0755.
6. Any voter whose name was removed from the
statewide voter registration system on the basis of a
determination of ineligibility who subsequently becomes
eligible to vote must reregister in order to have his or her
name restored to the statewide voter registration
system.
(8) CERTIFICATION.—
(a) No later than July 31 and January 31 of each
year, the supervisor shall certify to the department the
activities conducted pursuant to this section during the
first 6 months and the second 6 months of the year,
respectively. The certification shall include the number
of persons to whom notices were sent pursuant to
subsection (7), the number of persons who responded
to the notices, the number of notices returned as
undeliverable, the number of notices published in the
newspaper, the number of hearings conducted, and the
number of persons removed from the statewide voter
registration systems and the reasons for such removals.
(b) If, based on the certification provided pursuant to
paragraph (a), the department determines that a super
visor has not satisfied the requirements of this section,
the department shall satisfy the appropriate require
ments for that county. Failure to satisfy the require
ments of this section shall constitute a violation of s.
104.051.
History.—s. 29, ch. 94-224; s. 1386, ch. 95-147; s. 20, ch. 2005-278; s. 9, ch.
2011-40.
98.0755 Appeal of determination of ineligibility.
Appeal of the supervisor’s determination of ineligibility
pursuant to s. 98.075(7) may be taken to the circuit court
in and for the county where the person was registered.
Notice of appeal must be filed within the time and in the
manner provided by the Florida Rules of Appellate
Procedure and acts as supersedeas. Trial in the circuit
court is de novo and governed by the rules of that court.
Unless the person can show that his or her name was
erroneously or illegally removed from the statewide
voter registration system, or that he or she is indigent,
the person must bear the costs of the trial in the circuit
court. Otherwise, the cost of the appeal must be paid by
the supervisor of elections.
History.—s. 21, ch. 2005-278.
98.077 Update of voter signature.—
(1) A registered voter may update his or her
signature on file in the statewide voter registration
system at any time using a voter registration application
submitted to a voter registration official.
(2) The department and supervisors of elections
shall include in any correspondence, other than post
card notifications and notices relating to eligibility, sent
to a registered voter information regarding when, where,
and how to update the voter’s signature and shall
provide the voter information on how to obtain a voter
registration application from a voter registration official
which can be returned to update the signature.
(3) At least once during each general election year,
the supervisor shall publish in a newspaper of general
circulation or other newspaper in the county deemed
appropriate by the supervisor a notice specifying when,
where, or how a voter can update his or her signature
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Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2011
that is on file and how a voter can obtain a voter
registration application from a voter registration official.
(4) All signature updates for use in verifying absen
tee and provisional ballots must be received by the
appropriate supervisor of elections no later than the
start of the canvassing of absentee ballots by the
canvassing board. The signature on file at the start of
the canvass of the absentee ballots is the signature that
shall be used in verifying the signature on the absentee
and provisional ballot certificates.
History.—s. 8, ch. 2002-189; s. 10, ch. 2005-277; s. 22, ch. 2005-278; s. 8, ch.
2006-1.
98.081 Names removed from the statewide voter
registration system; restrictions on reregistering;
recordkeeping; restoration of erroneously or illeg
ally removed names.—
(1) When the name of any elector is removed from
the statewide voter registration system pursuant to s.
98.065 or s. 98.075, the elector’s original registration
application shall be retained by the supervisor of
elections having custody of the application. As alter
natives, registrations removed from the statewide voter
registration system may be microfilmed and such
microfilms substituted for the original registration appli
cations; or, when voter registration information, includ
ing the voter’s signature, is maintained digitally or on
electronic, magnetic, or optic media, such stored
information may be substituted for the original registra
tion application. Such microfilms or stored information
shall be retained by the supervisor of elections having
custody. In the event the original registration applica
tions are microfilmed or maintained digitally or on
electronic or other media, such originals may be
destroyed in accordance with the schedule approved
by the Bureau of Archives and Records Management of
the Division of Library and Information Services of the
department.
(2) When the name of any elector has been erro
neously or illegally removed from the statewide voter
registration system, the name of the elector shall be
restored by a voter registration official upon satisfactory
proof, even though the registration period for that
election is closed.
History.—s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch.
77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292; s. 45, ch. 81-259; s. 18,
ch. 81-304; s. 7, ch. 82-143; s. 3, ch. 90-315; s. 30, ch. 94-224; s. 1387, ch. 95-147;
s. 23, ch. 2005-278; s. 6, ch. 2005-286.
Note.—Former s. 97.08.
98.093 Duty of officials to furnish information
relating to deceased persons, persons adjudicated
mentally incapacitated, and persons convicted of a
felony.—
(1) In order to identify ineligible registered voters and
maintain accurate and current voter registration records
in the statewide voter registration system pursuant to
procedures in s. 98.065 or s. 98.075, it is necessary for
the department and supervisors of elections to receive
or access certain information from state and federal
officials and entities in the format prescribed.
(2) To the maximum extent feasible, state and local
government agencies shall facilitate provision of infor
mation and access to data to the department, including,
but not limited to, databases that contain reliable
criminal records and records of deceased persons.
State and local government agencies that provide such
data shall do so without charge if the direct cost incurred
by those agencies is not significant.
(a) The Department of Health shall furnish monthly
to the department a list containing the name, address,
date of birth, date of death, social security number, race,
and sex of each deceased person 17 years of age or
older.
(b) Each clerk of the circuit court shall furnish
monthly to the department a list of those persons who
have been adjudicated mentally incapacitated with
respect to voting during the preceding calendar
month, a list of those persons whose mental capacity
with respect to voting has been restored during the
preceding calendar month, and a list of those persons
who have returned signed jury notices during the
preceding months to the clerk of the circuit court
indicating a change of address. Each list shall include
the name, address, date of birth, race, sex, and,
whichever is available, the Florida driver’s license
number, Florida identification card number, or social
security number of each such person.
(c) Upon receipt of information from the United
States Attorney, listing persons convicted of a felony
in federal court, the department shall use such informa
tion to identify registered voters or applicants for voter
registration who may be potentially ineligible based on
information provided in accordance with s. 98.075.
(d) The Department of Law Enforcement shall iden
tify those persons who have been convicted of a felony
who appear in the voter registration records supplied by
the statewide voter registration system, in a time and
manner that enables the department to meet its
obligations under state and federal law.
(e) The Florida Parole Commission shall furnish at
least bimonthly to the department data, including the
identity of those persons granted clemency in the
preceding month or any updates to prior records
which have occurred in the preceding month. The
data shall contain the commission’s case number and
the person’s name, address, date of birth, race, gender,
Florida driver’s license number, Florida identification
card number, or the last four digits of the social security
number, if available, and references to record identifiers
assigned by the Department of Corrections and the
Department of Law Enforcement, a unique identifier of
each clemency case, and the effective date of clemency
of each person.
(f) The Department of Corrections shall identify
those persons who have been convicted of a felony
and committed to its custody or placed on community
supervision. The information must be provided to the
department at a time and in 1a manner that enables the
department to identify registered voters who are con
victed felons and to meet its obligations under state and
federal law.
(g) The Department of Highway Safety and Motor
Vehicles shall furnish monthly to the department a list of
those persons whose names have been removed from
the driver’s license database because they have been
licensed in another state. The list shall contain the
name, address, date of birth, sex, social security
20
F.S. 2011 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
number, and driver’s license number of each such
person.
(3) This section does not limit or restrict the super
visor in his or her duty to remove the names of persons
from the statewide voter registration system pursuant to
s. 98.075(7) based upon information received from
other sources.
History.—s. 3, ch. 14730, 1931; CGL 1936 Supp. 302(1); s. 10, ch. 24203, 1947;
s. 11, ch. 25035, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 29917; s. 9, ch. 29934, 1955;
s. 33, ch. 73-333; s. 27, ch. 77-147; s. 5, ch. 77-175; s. 32, ch. 94-224; s. 1388, ch.
95-147; s. 7, ch. 99-8; s. 24, ch. 2005-278; s. 10, ch. 2011-40.
1Note.—The word “a” was inserted by the editors.
Note.—Former s. 98.41; s. 98.301.
98.0981 Reports; voting history; statewide voter
registration system information; precinct-level
election results; book closing statistics.—
1(1) VOTING HISTORY AND STATEWIDE VOTER
REGISTRATION SYSTEM INFORMATION.—
(a) Within 45 days after a general election, super
visors of elections shall transmit to the department, in a
uniform electronic format specified by the department,
completely updated voting history information for each
qualified voter who voted.
(b) After receipt of the information in paragraph (a),
the department shall prepare a report in electronic
format which contains the following information, sepa
rately compiled for the primary and general election for
all voters qualified to vote in either election:
1. The unique identifier assigned to each qualified
voter within the statewide voter registration system;
2. All information provided by each qualified voter
on his or her voter registration application pursuant to s.
97.052(2), except that which is confidential or exempt
from public records requirements;
3. Each qualified voter’s date of registration;
4. Each qualified voter’s current state representa
tive district, state senatorial district, and congressional
district, assigned by the supervisor of elections;
5. Each qualified voter’s current precinct; and
6. Voting history as transmitted under paragraph (a)
to include whether the qualified voter voted at a precinct
location, voted during the early voting period, voted by
absentee ballot, attempted to vote by absentee ballot
that was not counted, attempted to vote by provisional
ballot that was not counted, or did not vote.
(c) Within 60 days after a general election, the
department shall send to the President of the Senate,
the Speaker of the House of Representatives, the
Senate Minority Leader, and the House Minority Leader
a report in electronic format that includes all information
set forth in paragraph (b).
1(2) PRECINCT-LEVEL ELECTION RESULTS.—
Within 45 days after the date of a presidential pre
ference primary election, a special election, or a general
election, the supervisors of elections shall collect and
submit to the department precinct-level election results
for the election in a uniform electronic format specified
by the department. The precinct-level election results
shall be compiled separately for the primary or special
primary election that preceded the general or special
general election, respectively. The results shall speci
fically include for each precinct the aggregate total of all
ballots cast for each candidate or nominee to fill a
national, state, county, or district office or proposed
constitutional amendment. “All ballots cast” means
ballots cast by voters who cast a ballot whether at a
precinct location, by absentee ballot including overseas
absentee ballots, during the early voting period, or by
provisional ballot.
(3) PRECINCT-LEVEL BOOK CLOSING STATIS
TICS.—After the date of book closing but before the
date of an election as defined in s. 97.021 to fill a
national, state, county, or district office, or to vote on a
proposed constitutional amendment, the department
shall compile the following precinct-level statistical data
for each county:
(a) Precinct numbers.
(b) Total number of active registered voters by party
for each precinct.
(4) REPORTS PUBLICLY AVAILABLE.—The de
partment shall also make publicly available the reports
and results required in subsections (1)-(3).
(5) RULEMAKING.—The department shall adopt
rules and prescribe forms to carry out the purposes of
this section.
History.—s. 25, ch. 2005-278; s. 8, ch. 2008-95; s. 3, ch. 2010-167; s. 11, ch.
2011-40.
1Note.—Section 11, ch. 2011-40, amended subsections (1) and (2), effective July
1, 2012, to read:
(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
INFORMATION.—
(a) Within 30 days after certification by the Elections Canvassing Commission
of a presidential preference primary, special election, primary election, or general
election, supervisors of elections shall transmit to the department, in a uniform
electronic format specified in paragraph (d), completely updated voting history
information for each qualified voter who voted.
(b) After receipt of the information in paragraph (a), the department shall
prepare a report in electronic format which contains the following information,
separately compiled for the primary and general election for all voters qualified to
vote in either election:
1. The unique identifier assigned to each qualified voter within the statewide
voter registration system;
2. All information provided by each qualified voter on his or her voter
registration application pursuant to s. 97.052(2), except that which is confidential
or exempt from public records requirements;
3. Each qualified voter’s date of registration;
4. Each qualified voter’s current state representative district, state senatorial
district, and congressional district, assigned by the supervisor of elections;
5. Each qualified voter’s current precinct; and
6. Voting history as transmitted under paragraph (a) to include whether the
qualified voter voted at a precinct location, voted during the early voting period,
voted by absentee ballot, attempted to vote by absentee ballot that was not counted,
attempted to vote by provisional ballot that was not counted, or did not vote.
(c) Within 45 days after certification by the Elections Canvassing Commission
of a presidential preference primary, special election, primary election, or general
election, the department shall send to the President of the Senate, the Speaker of
the House of Representatives, the Senate Minority Leader, and the House Minority
Leader a report in electronic format that includes all information set forth in
paragraph (b).
(d) File specifications are as follows:
1. The file shall contain records designated by the categories below for all
qualified voters who, regardless of the voter’s county of residence or active or
inactive registration status at the book closing for the corresponding election that the
file is being created for:
a. Voted a regular ballot at a precinct location.
b. Voted at a precinct location using a provisional ballot that was subsequently
counted.
c. Voted a regular ballot during the early voting period.
d. Voted during the early voting period using a provisional ballot that was
subsequently counted.
e. Voted by absentee ballot.
f. Attempted to vote by absentee ballot, but the ballot was not counted.
g. Attempted to vote by provisional ballot, but the ballot was not counted in that
election.
2. Each file shall be created or converted into a tab-delimited format.
3. File names shall adhere to the following convention:
a. Three-character county identifier as established by the department followed
by an underscore.
b. Followed by four-character file type identifier of ‘VH03’ followed by an
underscore.
c. Followed by FVRS election ID followed by an underscore.
d. Followed by Date Created followed by an underscore.
e. Date format is YYYYMMDD.
f. Followed by Time Created -HHMMSS.
g. Followed by “.txt”.
4. Each record shall contain the following columns: Record Identifier, FVRS
Voter ID Number, FVRS Election ID Number, Vote Date, Vote History Code,
21
Ch. 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES F.S. 2011
Precinct, Congressional District, House District, Senate District, County Commis
sion District, and School Board District.
(e) Each supervisor of elections shall reconcile, before submission, the
aggregate total of ballots cast in each precinct as reported in the precinct-level
election results to the aggregate total number of voters with voter history for the
election for each district.
(f) Each supervisor of elections shall submit the results of the data reconcilia
tion as described in paragraph (e) to the department in an electronic format and give
a written explanation for any precincts where the reconciliation as described in
paragraph (e) results in a discrepancy between the voter history and the election
results.
(2)
(a) PRECINCT-LEVEL ELECTION RESULTS.—Within 30 days after certifica
tion by the Elections Canvassing Commission of a presidential preference primary
election, special election, primary election, or general election, the supervisors of
elections shall collect and submit to the department precinct-level election results for
the election in a uniform electronic format specified by paragraph (c). The precinct-
level election results shall be compiled separately for the primary or special primary
election that preceded the general or special general election, respectively. The
results shall specifically include for each precinct the total of all ballots cast for each
candidate or nominee to fill a national, state, county, or district office or proposed
constitutional amendment, with subtotals for each candidate and ballot type, unless
fewer than 10 voters voted a ballot type. “All ballots cast” means ballots cast by
voters who cast a ballot whether at a precinct location, by absentee ballot including
overseas absentee ballots, during the early voting period, or by provisional ballot.
(b) The department shall make such information available on a searchable,
sortable, and downloadable database via its website that also includes the file layout
and codes. The database shall be searchable and sortable by county, precinct, and
candidate. The database shall be downloadable in a tab-delimited format. The
database shall be available for download county-by-county and also as a statewide
file. Such report shall also be made available upon request.
(c) The files containing the precinct-level election results shall be created in
accordance with the applicable file specification:
1. The precinct-level results file shall be created or converted into a tab-
delimited text file.
2. The row immediately before the first data record shall contain the column
names of the data elements that make up the data records. There shall be one
header record followed by multiple data records.
3. The data records shall include the following columns: County Name,
Election Number, Election Date, Unique Precinct Identifier, Precinct Polling
Location, Total Registered Voters, Total Registered Republicans, Total Registered
Democrats, Total Registered All Other Parties, Contest Name, Candidate/Reten
tion/Issue Name, Candidate Florida Voter Registration System ID Number, Division
of Elections Unique Candidate Identifying Number, Candidate Party, District,
Undervote Total, Overvote Total, Write-in Total, and Vote Total.
98.212 Department and supervisors to furnish
statistical and other information.—
(1)(a) Upon written request, the department and any
supervisor of the respective counties shall, as promptly
as possible, furnish to recognized public or private
universities and senior colleges within the state, to state
or county governmental agencies, and to recognized
political party committees statistical information for the
purpose of analyzing election returns and results.
(b) The department and any supervisor may require
reimbursement for any part or all of the actual expenses
of supplying any information requested under para
graph (a). For the purposes of this subsection, the
department and supervisors may use the services of
any research and statistical personnel that may be
supplied.
(c) Lists of names submitted to the department and
any supervisor of the respective counties for indication
of registration or nonregistration or of party affiliation
shall be processed at any time at cost, except that in no
case shall the charge exceed 10 cents for each name on
which the information is furnished.
(2) The supervisors shall provide information as
requested by the department for program evaluation
and reporting to the Election Assistance Commission
pursuant to federal law.
History.—s. 2, ch. 57-810; s. 5, ch. 77-175; s. 26, ch. 79-400; s. 34, ch. 94-224;
s. 40, ch. 97-13; s. 11, ch. 2003-415; s. 26, ch. 2005-278.
98.255 Voter education programs.—
(1) The Department of State shall adopt rules
prescribing minimum standards for nonpartisan voter
education. The standards shall, at a minimum, address:
(a) Voter registration;
(b) Balloting procedures, absentee and polling place;
(c) Voter rights and responsibilities;
(d) Distribution of sample ballots; and
(e) Public service announcements.
(2) Each county supervisor shall implement the
minimum voter education standards, and shall conduct
additional nonpartisan education efforts as necessary to
ensure that voters have a working knowledge of the
voting process.
(3) By December 15 of each general election year,
each supervisor of elections shall report to the Depart
ment of State a detailed description of the voter
education programs implemented and any other infor
mation that may be useful in evaluating the effective
ness of voter education efforts.
The department shall reexamine the rules adopted
pursuant to subsection (1) and use the findings in these
reports as a basis for modifying the rules to incorporate
successful voter education programs and techniques,
as necessary.
History.—s. 9, ch. 80-292; s. 1, ch. 83-16; s. 530, ch. 95-147; s. 59, ch. 2001-40;
s. 35, ch. 2010-102.
98.461 Registration application, precinct regis
ter; contents.—
(1) A registration application, approved by the
Department of State, containing the information re
quired in s. 97.052 shall be retained by the supervisor of
elections of the county of the applicant’s registration.
However, the registration application may be micro
filmed and such microfilm substituted for the original
registration application; or, when voter registration
information, including the voter’s signature, is main
tained digitally or on electronic, magnetic, or optic
media, such stored information may be substituted for
the original registration application. Such microfilms or
stored information shall be retained in the custody of the
supervisor of elections of the county of the applicant’s
registration. In the event the original registration appli
cations are microfilmed or maintained digitally or on
electronic or other media, such originals may be
destroyed in accordance with the schedule approved
by the Bureau of Archives and Records Management of
the Division of Library and Information Services of the
Department of State.
(2) A computer printout or electronic database shall
be used at the polls as a precinct register. The precinct
register shall contain the date of the election, the
precinct number, and the following information concern
ing each registered elector: last name, first name,
middle name or initial, and suffix; party affiliation;
residence address; registration number; date of birth;
sex, if provided; race, if provided; whether the voter
needs assistance in voting; and such other additional
information as to readily identify the elector. The
precinct register shall also contain a space for the
elector’s signature and a space for the initials of the
22
F.S. 2011 REGISTRATION OFFICE, OFFICERS, AND PROCEDURES Ch. 98
witnessing clerk or inspector or an electronic device
may be provided for this purpose.
History.—s. 1, ch. 77-267; s. 1, ch. 86-200; s. 6, ch. 90-315; s. 36, ch. 94-224; s.
30, ch. 97-13; s. 9, ch. 98-129; s. 12, ch. 2003-415; s. 27, ch. 2005-278.
23
Ch. 99 CANDIDATES F.S. 2011
CHAPTER 99
CANDIDATES
99.012 Restrictions on individuals qualifying for
public office.
99.021 Form of candidate oath.
99.061 Method of qualifying for nomination or
election to federal, state, county, or
district office.
99.0615 Write-in candidate residency requirements.
99.063 Candidates for Governor and Lieutenant
Governor.
99.081 United States Senators elected in general
election.
99.091 Representatives to Congress.
99.092 Qualifying fee of candidate; notification of
Department of State.
99.093 Municipal candidates; election assess
ment.
99.095 Petition process in lieu of a qualifying fee
and party assessment.
99.0955 Candidates with no party affiliation; name
on general election ballot.
99.096 Minor political party candidates; names on
ballot.
99.09651 Signature requirements for ballot position in
year of apportionment.
99.097 Verification of signatures on petitions.
99.103 Department of State to remit part of filing
fees and party assessments of candi
dates to state executive committee.
99.121 Department of State to certify nominations
to supervisors of elections.
99.012 Restrictions on individuals qualifying for
public office.—
(1) As used in this section:
(a) “Officer” means a person, whether elected or
appointed, who has the authority to exercise the
sovereign power of the state pertaining to an office
recognized under the State Constitution or laws of the
state. With respect to a municipality, the term “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.
(b) “Subordinate officer” means a person who has
been delegated the authority to exercise the sovereign
power of the state by an officer. With respect to a
municipality, subordinate officer means a person who
has been delegated the authority to exercise municipal
power by an officer.
(2) No person may qualify as a candidate for more
than one public office, whether federal, state, district,
county, or municipal, if the terms or any part thereof run
concurrently with each other.
(3)(a) No officer may qualify as a candidate for
another state, district, county, or municipal public office
if the terms or any part thereof run concurrently with
each other without resigning from the office he or she
presently holds.
(b) The resignation is irrevocable.
(c) The written resignation must be submitted at
least 10 days prior to the first day of qualifying for the
office he or she intends to seek.
(d) The resignation must be effective 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.
(e)1. An elected district, county, or municipal officer
must submit his or her resignation 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.
2. An appointed district, county, or municipal officer
must submit his or her resignation 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.
3. All other officers must submit their resignations to
the Governor with a copy to the Department of State.
(f)1. With regard to an elective office, the resigna
tion creates a vacancy in office to be filled by election.
Persons may qualify as candidates for nomination and
election as if the public officer’s term were otherwise
scheduled to expire.
2. With regard to an elective charter county office or
elective municipal office, the vacancy created by the
officer’s resignation may be filled for that portion of the
officer’s unexpired term in a manner provided by the
respective charter. The office is deemed vacant upon
the effective date of the resignation submitted by the
official in his or her letter of resignation.
(g) Any officer who submits his or her resignation,
effective immediately or effective on a date prior to the
date of his or her qualifying for office, may then qualify
for office as a nonofficeholder, and the provisions of this
subsection do not apply.
(4) A person who is a subordinate officer, deputy
sheriff, or police officer must resign effective upon
qualifying pursuant to this chapter if the person is
seeking to qualify for a public office that 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.
(5) If an order of a court that has become final
determines that a person did not comply with this
section, the person shall not be qualified as a candidate
for election and his or her name may not appear on the
ballot.
(6) This section does not apply to:
(a) Political party offices.
(b) Persons serving without salary as members of an
appointive board or authority.
(7) Nothing contained in subsection (3) relates to
persons holding any federal office or seeking the office
of President or Vice President.
History.—s. 1, ch. 63-269; s. 2, ch. 65-378; s. 1, ch. 70-80; s. 10, ch. 71-373; s.
1, ch. 74-76; s. 3, ch. 75-196; s. 1, ch. 79-391; s. 47, ch. 81-259; s. 1, ch. 83-15; s.
24
F.S. 2011 CANDIDATES Ch. 99
28, ch. 84-302; s. 31, ch. 91-107; s. 534, ch. 95-147; s. 1, ch. 99-146; s. 1, ch.
2000-274; s. 14, ch. 2007-30; s. 14, ch. 2008-4; s. 9, ch. 2008-95; s. 12, ch. 2011-40.
99.021 Form of candidate oath.—
(1)(a)1. Each candidate, whether a party candidate,
a candidate with no party affiliation, or a write-in
candidate, in order to qualify for nomination or election
to any office other than a judicial office as defined in
chapter 105 or a federal office, shall take and subscribe
to an oath or affirmation in writing. A copy of the oath or
affirmation shall be made available to the candidate by
the officer before whom such candidate seeks to qualify
and shall be substantially in the following form:
State of Florida
County of__
Before me, an officer authorized to administer oaths,
personally appeared (please print name as you wish it to appear on the
ballot) , to me well known, who, being sworn, says that he
or she is a candidate for the office of
__; that he or she
is a qualified elector of
__ County, Florida; that he or
she is qualified under the Constitution and the laws of
Florida to hold the office to which he or she desires to be
nominated or elected; that he or she has qualified for no
other public office in the state, the term of which office or
any part thereof runs concurrent with that of the office he
or she seeks; that he or she has resigned from any office
from which he or she is required to resign pursuant to s.
99.012, Florida Statutes; and that he or she will support
the Constitution of the United States and the Constitu
tion of the State of Florida.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
2. Each candidate for federal office, whether a party
candidate, a candidate with no party affiliation, or a
write-in candidate, in order to qualify for nomination or
election to office shall take and subscribe to an oath or
affirmation in writing. A copy of the oath or affirmation
shall be made available to the candidate by the officer
before whom such candidate seeks to qualify and shall
be substantially in the following form:
State of Florida
County of
__
Before me, an officer authorized to administer oaths,
personally appeared (please print name as you wish it to appear on the
ballot)
, to me well known, who, being sworn, says that he
or she is a candidate for the office of
__; that he or she
is qualified under the Constitution and laws of the United
States to hold the office to which he or she desires to be
nominated or elected; that he or she has qualified for no
other public office in the state, the term of which office or
any part thereof runs concurrent with that of the office he
or she seeks; and that he or she will support the
Constitution of the United States.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(b) In addition, any person seeking to qualify for
nomination as a candidate of any political party shall, at
the time of subscribing to the oath or affirmation, state in
writing:
1. The party of which the person is a member.
2. That the person has not been a registered
member of any other political party for 365 days before
the beginning of qualifying preceding the general
election for which the person seeks to qualify.
3. That the person has paid the assessment levied
against him or her, if any, as a candidate for said office
by the executive committee of the party of which he or
she is a member.
(c) The officer before whom such person qualifies
shall certify the name of such person to the supervisor of
elections in each county affected by such candidacy so
that the name of such person may be printed on the
ballot. Each person seeking election as a write-in
candidate shall subscribe to the oath prescribed in
this section in order to be entitled to have write-in ballots
cast for him or her counted.
(2) The provisions of subsection (1) relating to the
oath required of candidates, and the form of oath
prescribed, shall apply with equal force and effect to,
and shall be the oath required of, a candidate for
election to a political party executive committee office,
as provided by law. The requirements set forth in this
section shall also apply to any person filling a vacancy
on a political party executive committee.
(3) This section does not apply to a person who
seeks to qualify for election pursuant to ss. 103.021 and
103.101.
History.—ss. 22, 23, ch. 6469, 1913; RGS 326, 327; CGL 383, 384; s. 3, ch.
19663, 1939; s. 3, ch. 26870, 1951; s. 10, ch. 28156, 1953; s. 1, ch. 57-742; s. 1, ch.
61-128; s. 2, ch. 63-269; s. 1, ch. 63-66; s. 1, ch. 65-376; s. 1, ch. 67-149; s. 2, ch.
70-269; s. 19, ch. 71-355; s. 6, ch. 77-175; s. 3, ch. 79-365; s. 27, ch. 79-400; s. 2,
ch. 81-105; s. 3, ch. 86-134; s. 535, ch. 95-147; s. 7, ch. 99-6; s. 8, ch. 99-318; s. 15,
ch. 2007-30; s. 10, ch. 2008-95; s. 13, ch. 2011-40.
Note.—Former ss. 102.29, 102.30.
99.061 Method of qualifying for nomination or
election to federal, state, county, or district office.
(1) The provisions of any special act to the contrary
notwithstanding, each person seeking to qualify for
nomination or election to a federal, state, or multicounty
district office, other than election to a judicial office as
defined in chapter 105 or the office of school board
member, shall file his or her qualification papers with,
and pay the qualifying fee, which shall consist of the
filing fee and election assessment, and party assess
ment, if any has been levied, to, the Department of
State, or qualify by the petition process pursuant to s.
99.095 with the Department of State, at any time after
noon of the 1st day for qualifying, which shall be as
follows: the 120th day prior to the primary election, but
not later than noon of the 116th day prior to the date of
the primary election, for persons seeking to qualify for
nomination or election to federal office or to the office of
the state attorney or the public defender; and noon of
the 71st day prior to the primary election, but not later
than noon of the 67th day prior to the date of the primary
election, for persons seeking to qualify for nomination or
election to a state or multicounty district office, other
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Ch. 99 CANDIDATES F.S. 2011
than the office of the state attorney or the public
defender.
(2) The provisions of any special act to the contrary
notwithstanding, each person seeking to qualify for
nomination or election to a county office, or district office
not covered by subsection (1), shall file his or her
qualification papers with, and pay the qualifying fee,
which shall consist of the filing fee and election
assessment, and party assessment, if any has been
levied, to, the supervisor of elections of the county, or
shall qualify by the petition process pursuant to s.
99.095 with the supervisor of elections, at any time after
noon of the 1st day for qualifying, which shall be the 71st
day prior to the primary election, but not later than noon
of the 67th day prior to the date of the primary election.
Within 30 days after the closing of qualifying time, the
supervisor of elections shall remit to the secretary of the
state executive committee of the political party to which
the candidate belongs the amount of the filing fee, two-
thirds of which shall be used to promote the candidacy
of candidates for county offices and the candidacy of
members of the Legislature.
(3) Notwithstanding the provisions of any special act
to the contrary, each person seeking to qualify for
election to a special district office shall qualify between
noon of the 71st day prior to the primary election and
noon of the 67th day prior to the date of the primary
election. Candidates for single-county special districts
shall qualify with the supervisor of elections in the
county in which the district is located. If the district is a
multicounty district, candidates shall qualify with the
Department of State. All special district candidates shall
qualify by paying a filing fee of $25 or qualify by the
petition process pursuant to s. 99.095. Notwithstanding
s. 106.021, a candidate who does not collect contribu
tions and whose only expense is the filing fee or
signature verification fee is not required to appoint a
campaign treasurer or designate a primary campaign
depository.
(4)(a) Each person seeking to qualify for election to
office as a write-in candidate shall file his or her
qualification papers with the respective qualifying officer
at any time after noon of the 1st day for qualifying, but
not later than noon of the last day of the qualifying period
for the office sought.
(b) Any person who is seeking election as a write-in
candidate shall not be required to pay a filing fee,
election assessment, or party assessment. A write-in
candidate is not entitled to have his or her name printed
on any ballot; however, space for the write-in candida
te’s name to be written in must be provided on the
general election ballot. A person may not qualify as a
write-in candidate if the person has also otherwise
qualified for nomination or election to such office.
(5) At the time of qualifying for office, each candidate
for a constitutional office shall file a full and public
disclosure of financial interests pursuant to s. 8, Art. II of
the State Constitution, which must be verified under
oath or affirmation pursuant to s. 92.525(1)(a), and a
candidate for any other office, including local elective
office, shall file a statement of financial interests
pursuant to s. 112.3145.
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(6) The Department of State shall certify to the
supervisor of elections, within 7 days after the closing
date for qualifying, the names of all duly qualified
candidates for nomination or election who have qualified
with the Department of State.
(7)(a) In order for a candidate to be qualified, the
following items must be received by the filing officer by
the end of the qualifying period:
1. A properly executed check drawn upon the
candidate’s campaign account payable to the person
or entity as prescribed by the filing officer in an amount
not less than the fee required by s. 99.092, unless the
candidate obtained the required number of signatures
on petitions pursuant to s. 99.095. The filing fee for a
special district candidate is not required to be drawn
upon the candidate’s campaign account. If a candida
te’s check is returned by the bank for any reason, the
filing officer shall immediately notify the candidate and
the candidate shall have until the end of qualifying to pay
the fee with a cashier’s check purchased from funds of
the campaign account. Failure to pay the fee as
provided in this subparagraph shall disqualify the
candidate.
2. The candidate’s oath required by s. 99.021,
which must contain the name of the candidate as it is
to appear on the ballot; the office sought, including the
district or group number if applicable; and the signature
of the candidate, which must be verified under oath or
affirmation pursuant to s. 92.525(1)(a).
3. If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1)(b).
4. The completed form for the appointment of
campaign treasurer and designation of campaign de
pository, as required by s. 106.021.
5. The full and public disclosure or statement of
financial interests required by subsection (5). A public
officer who has filed the full and public disclosure or
statement of financial interests with the Commission on
Ethics or the supervisor of elections prior to qualifying
for office may file a copy of that disclosure at the time of
qualifying.
(b) If the filing officer receives qualifying papers
during the qualifying period prescribed in this section
which do not include all items as required by paragraph
(a) prior to the last day of qualifying, the filing officer
shall make a reasonable effort to notify the candidate of
the missing or incomplete items and shall inform the
candidate that all required items must be received by
the close of qualifying. A candidate’s name as it is to
appear on the ballot may not be changed after the end of
qualifying.
(c) The filing officer performs a ministerial function in
reviewing qualifying papers. In determining whether a
candidate is qualified, the filing officer shall review the
qualifying papers to determine whether all items re
quired by paragraph (a) have been properly filed and
whether each item is complete on its face, including
whether items that must be verified have been properly
verified pursuant to s. 92.525(1)(a). The filing officer
may not determine whether the contents of the qualify
ing papers are accurate.
F.S. 2011 CANDIDATES Ch. 99
(8) Notwithstanding the qualifying period prescribed
in this section, a qualifying office may accept and hold
qualifying papers submitted not earlier than 14 days
prior to the beginning of the qualifying period, to be
processed and filed during the qualifying period.
(9) Notwithstanding the qualifying period prescribed
by this section, in each year in which the Legislature
apportions the state, the qualifying period for persons
seeking to qualify for nomination or election to federal
office shall be between noon of the 71st day prior to the
primary election, but not later than noon of the 67th day
prior to the primary election.
(10) The Department of State may prescribe by rule
requirements for filing papers to qualify as a candidate
under this section.
(11) The decision of the filing officer concerning
whether a candidate is qualified is exempt from the
provisions of chapter 120.
History.—ss. 25, 26, ch. 6469, 1913; RGS 329, 330; CGL 386, 387; ss. 4, 5, ch.
13761, 1929; s. 1, ch. 16990, 1935; CGL 1936 Supp. 386; ss. 1, chs. 19007, 19008,
19009, 1939; CGL 1940 Supp. 4769(3); s. 1, ch. 20619, 1941; s. 1, ch. 21851, 1943;
s. 1, ch. 23006, 1945; s. 1, ch. 24163, 1947; s. 3, ch. 26870, 1951; s. 11, ch. 28156,
1953; s. 4, ch. 29936, 1955; s. 10, ch. 57-1; s. 1, ch. 59-84; s. 1, ch. 61-373 and s. 4,
ch. 61-530; s. 1, ch. 63-502; s. 7, ch. 65-378; s. 2, ch. 67-531; ss. 10, 35, ch. 69-106;
s. 5, ch. 69-281; s. 1, ch. 69-300; s. 1, ch. 70-42; s. 1, ch. 70-93; s. 1, ch. 70-439; s. 6,
ch. 77-175; s. 1, ch. 78-188; s. 3, ch. 81-105; s. 2, ch. 83-15; s. 2, ch. 83-25; s. 1, ch.
83-251; s. 29, ch. 84-302; s. 1, ch. 86-7; s. 6, ch. 89-338; s. 8, ch. 90-315; s. 32, ch.
91-107; s. 536, ch. 95-147; s. 1, ch. 95-156; s. 9, ch. 99-318; s. 9, ch. 99-326; s. 3,
ch. 2001-75; s. 11, ch. 2005-277; s. 51, ch. 2005-278; s. 7, ch. 2005-286; s. 16, ch.
2007-30; s. 14, ch. 2011-40.
Note.—Former ss. 102.32, 102.33, 102.351, 102.36, 102.66, 102.69.
99.0615 Write-in candidate residency require
ments.—At the time of qualification, all write-in candi
dates must reside within the district represented by the
office sought.
History.—s. 56, ch. 2007-30.
99.063 Candidates for Governor and Lieutenant
Governor.—
(1) No later than 5 p.m. of the 9th day following the
primary election, each candidate for Governor shall
designate a Lieutenant Governor as a running mate.
Such designation must be made in writing to the
Department of State.
(2) No later than 5 p.m. of the 9th day following the
primary election, each designated candidate for Lieu
tenant Governor shall file with the Department of State:
(a) The candidate’s oath required by s. 99.021,
which must contain the name of the candidate as it is
to appear on the ballot; the office sought; and the
signature of the candidate, which must be verified under
oath or affirmation pursuant to s. 92.525(1)(a).
(b) If the office sought is partisan, the written
statement of political party affiliation required by s.
99.021(1)(b).
(c) The full and public disclosure of financial interests
pursuant to s. 8, Art. II of the State Constitution. A public
officer who has filed the full and public disclosure with
the Commission on Ethics prior to qualifying for office
may file a copy of that disclosure at the time of
qualifying.
(3) A designated candidate for Lieutenant Governor
is not required to pay a separate qualifying fee or obtain
signatures on petitions. Ballot position obtained by the
candidate for Governor entitles the designated candi
date for Lieutenant Governor, upon receipt by the
Department of State of the qualifying papers required
by subsection (2), to have his or her name placed on the
ballot for the joint candidacy.
(4) In order to have the name of the candidate for
Lieutenant Governor printed on the primary election
ballot, a candidate for Governor participating in the
primary must designate the candidate for Lieutenant
Governor, and the designated candidate must qualify no
later than the end of the qualifying period specified in s.
99.061. If the candidate for Lieutenant Governor has not
been designated and has not qualified by the end of the
qualifying period specified in s. 99.061, the phrase “Not
Yet Designated” must be included in lieu of the
candidate’s name on the primary election ballot.
(5) Failure of the Lieutenant Governor candidate to
be designated and qualified by the time specified in
subsection (2) shall result in forfeiture of ballot position
for the candidate for Governor for the general election.
History.—s. 1, ch. 99-140; s. 45, ch. 2001-40; s. 12, ch. 2005-277; s. 8, ch.
2005-286; s. 15, ch. 2011-40.
99.081 United States Senators elected in gen
eral election.—United States Senators from Florida
shall be elected at the general election held preceding
the expiration of the present term of office, and such
election shall conform as nearly as practicable to the
methods provided for the election of state officers.
History.—s. 3, ch. 26870, 1951; s. 6, ch. 77-175; s. 7, ch. 89-338.
Note.—Former s. 106.01.
99.091 Representatives to Congress.—
(1) A Representative to Congress shall be elected in
and for each congressional district at each general
election.
(2) When Florida is entitled to additional represen
tatives according to the last census, representatives
shall be elected from the state at large and at large
thereafter until the state is redistricted by the Legisla
ture.
History.—ss. 2, 3, ch. 3879, 1889; RS 157; s. 4, ch. 4328, 1895; s. 3, ch. 4537,
1897; GS 174; RGS 218; CGL 253; s. 2, ch. 25383, 1949; s. 3, ch. 26870, 1951; s. 6,
ch. 77-175.
Note.—Former s. 98.07.
99.092 Qualifying fee of candidate; notification
of Department of State.—
(1) Each person seeking to qualify for nomination or
election to any office, except a person seeking to qualify
by the petition process pursuant to s. 99.095 and except
a person seeking to qualify as a write-in candidate, shall
pay a qualifying fee, which shall consist of a filing fee
and election assessment, to the officer with whom the
person qualifies, and any party assessment levied, and
shall attach the original or signed duplicate of the receipt
for his or her party assessment or pay the same, in
accordance with the provisions of s. 103.121, at the time
of filing his or her other qualifying papers. The amount of
the filing fee is 3 percent of the annual salary of the
office. The amount of the election assessment is 1
percent of the annual salary of the office sought. The
election assessment shall be transferred to the Elec
tions Commission Trust Fund. The amount of the party
assessment is 2 percent of the annual salary. The
annual salary of the office for purposes of computing the
filing fee, election assessment, and party assessment
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Ch. 99 CANDIDATES F.S. 2011
shall be computed by multiplying 12 times the monthly
salary, excluding any special qualification pay, author
ized for such office as of July 1 immediately preceding
the first day of qualifying. No qualifying fee shall be
returned to the candidate unless the candidate with
draws his or her candidacy before the last date to
qualify. If a candidate dies prior to an election and has
not withdrawn his or her candidacy before the last date
to qualify, the candidate’s qualifying fee shall be
returned to his or her designated beneficiary, and, if
the filing fee or any portion thereof has been transferred
to the political party of the candidate, the Secretary of
State shall direct the party to return that portion to the
designated beneficiary of the candidate.
(2) The supervisor of elections shall, immediately
after the last day for qualifying, submit to the Depart
ment of State a list containing the names, party
affiliations, and addresses of all candidates and the
offices for which they qualified.
History.—s. 24, ch. 6469, 1913; RGS 328; CGL 385; s. 3, ch. 26870, 1951; s.
12, ch. 29934, 1955; s. 4, ch. 65-378; s. 1, ch. 67-531; ss. 10, 35, ch. 69-106; s. 6,
ch. 69-281; s. 1, ch. 74-119; s. 1, ch. 75-123; s. 1, ch. 75-247; s. 6, ch. 77-175; s. 28,
ch. 79-400; s. 4, ch. 81-105; s. 1, ch. 83-242; s. 8, ch. 89-338; s. 1, ch. 91-107; s.
537, ch. 95-147; s. 11, ch. 97-13; s. 2, ch. 99-140; s. 10, ch. 99-318; s. 13, ch.
2005-277; s. 2, ch. 2010-16; s. 16, ch. 2011-40.
Note.—Former ss. 102.31, 99.031.
99.093 Municipal candidates; election assess
ment.—
(1) Each person seeking to qualify for nomination or
election to a municipal office shall pay, at the time of
qualifying for office, an election assessment. The
election assessment shall be an amount equal to 1
percent of the annual salary of the office sought. Within
30 days after the close of qualifying, the qualifying
officer shall forward all assessments collected pursuant
to this section to the Florida Elections Commission for
deposit in the Elections Commission Trust Fund.
(2) Any person seeking to qualify for nomination or
election to a municipal office who is unable to pay the
election assessment without imposing an undue burden
on personal resources or on resources otherwise
available to him or her shall, upon written certification
of such inability given under oath to the qualifying
officer, be exempt from paying the election assessment.
History.—s. 9, ch. 89-338; s. 2, ch. 91-107; s. 538, ch. 95-147; s. 12, ch. 97-13;
s. 3, ch. 2010-16; s. 17, ch. 2011-40.
99.095 Petition process in lieu of a qualifying
fee and party assessment.—
(1) A person who seeks to qualify as a candidate for
any office and who meets the petition requirements of
this section is not required to pay the qualifying fee or
party assessment required by this chapter.
(2)(a) Except as provided in paragraph (b), a candi
date must obtain the number of signatures of voters in
the geographical area represented by the office sought
equal to at least 1 percent of the total number of
registered voters of that geographical area, as shown by
the compilation by the department for the immediately
preceding general election. Signatures may not be
obtained until the candidate has filed the appointment
of campaign treasurer and designation of campaign
depository pursuant to s. 106.021 and are valid only for
the qualifying period immediately following such filings.
(b) A candidate for a special district office shall
obtain 25 signatures of voters in the geographical
area represented by the office sought.
(c) The format of the petition shall be prescribed by
the division and shall be used by candidates to
reproduce petitions for circulation. If the candidate is
running for an office that requires a group or district
designation, the petition must indicate that designation
and, if it does not, the signatures are not valid. A
separate petition is required for each candidate.
(d) In a year of apportionment, any candidate for
county or district office seeking ballot position by the
petition process may obtain the required number of
signatures from any registered voter in the respective
county, regardless of district boundaries. The candidate
shall obtain at least the number of signatures equal to 1
percent of the total number of registered voters, as
shown by a compilation by the department for the
immediately preceding general election, divided by the
total number of districts of the office involved.
(3) Each petition must be submitted before noon of
the 28th 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. Each
supervisor shall check the signatures on the petitions to
verify their status as voters in the county, district, or
other geographical area represented by the office
sought. No later than the 7th day before the first day
of the qualifying period, the supervisor shall certify the
number of valid signatures.
(4)(a) Certifications for candidates for federal, state,
multicounty district, or multicounty special district office
shall be submitted to the division no later than the 7th
day before the first day of the qualifying period for the
office sought. The division shall determine whether the
required number of signatures has been obtained and
shall notify the candidate.
(b) For candidates for county, district, or special
district office not covered by paragraph (a), the super
visor shall determine whether the required number of
signatures has been obtained and shall notify the
candidate.
(5) If the required number of signatures has been
obtained, the candidate is eligible to qualify pursuant to
s. 99.061.
History.—s. 2, ch. 74-119; s. 6, ch. 77-175; s. 29, ch. 79-400; s. 10, ch. 89-338;
s. 9, ch. 90-315; s. 539, ch. 95-147; s. 3, ch. 99-140; s. 1, ch. 99-318; s. 14, ch.
2005-277; s. 9, ch. 2005-286; s. 17, ch. 2007-30; s. 11, ch. 2008-95; s. 18, ch.
2011-40.
99.0955 Candidates with no party affiliation;
name on general election ballot.—
(1) Each person seeking to qualify for election as a
candidate with no party affiliation shall file his or her
qualifying papers and pay the qualifying fee or qualify by
the petition process pursuant to s. 99.095 with the
officer and during the times and under the circum
stances prescribed in s. 99.061. Upon qualifying, the
candidate is entitled to have his or her name placed on
the general election ballot.
(2) The qualifying fee for candidates with no party
affiliation shall consist of a filing fee and an election
assessment as prescribed in s. 99.092. Filing fees paid
to the Department of State shall be deposited into the
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F.S. 2011 CANDIDATES Ch. 99
General Revenue Fund of the state. Filing fees paid to
the supervisor of elections shall be deposited into the
general revenue fund of the county.
History.—s. 6, ch. 70-269; s. 1, ch. 70-439; s. 3, ch. 74-119; s. 7, ch. 77-175; s.
2, ch. 78-188; s. 11, ch. 89-338; s. 10, ch. 90-315; s. 540, ch. 95-147; s. 13, ch.
95-280; s. 4, ch. 99-140; s. 2, ch. 99-318; s. 15, ch. 2005-277.
Note.—Former s. 99.152.
99.096 Minor political party candidates; names
on ballot.—Each person seeking to qualify for election
as a candidate of a minor political party shall file his or
her qualifying papers with, and pay the qualifying fee
and, if one has been levied, the party assessment, or
qualify by the petition process pursuant to s. 99.095,
with the officer and at the times and under the
circumstances provided in s. 99.061.
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; s. 3, ch. 99-318; s. 16, ch. 2005-277; s. 18, ch. 2007-30.
Note.—Former s. 101.261.
99.09651 Signature requirements for ballot po
sition in year of apportionment.—
(1) In a year of apportionment, any candidate for
representative to Congress, state Senate, or state
House of Representatives seeking ballot position by
the petition process prescribed in s. 99.095 shall obtain
at least the number of signatures equal to one-third of 1
percent of the ideal population for the district of the
office being sought.
(2) For the purposes of this section, “ideal popula
tion” means the total population of the state based upon
the most recent decennial census divided by the
number of districts for representative to Congress,
state Senate, or state House of Representatives. For
the purposes of this section, ideal population shall be
calculated as of July 1 of the year prior to apportion
ment. The ideal population for a state Senate district
and a state representative district shall be calculated by
dividing the total population of the state by 40 for a state
Senate district and by dividing by 120 for a state
representative district.
(3) Signatures may be obtained from any registered
voter in Florida regardless of party affiliation or district
boundaries.
(4) Petitions shall state the name of the office the
candidate is seeking, but shall not include a district
number.
(5) Except as otherwise provided in this section, all
requirements and procedures relating to the petition
process shall conform to the requirements and proce
dures in nonapportionment years.
History.—s. 3, ch. 91-107; s. 4, ch. 99-318; s. 17, ch. 2005-277.
99.097 Verification of signatures on petitions.
(1)(a) As determined by each supervisor, based
upon local conditions, the checking of names on
petitions may be based on the most inexpensive and
administratively feasible of either of the following
methods of verification:
1. A check of each petition; or
2. A check of a random sample, as provided by the
Department of State, of the petitions. The sample must
be such that a determination can be made as to whether
or not the required number of signatures has been
obtained with a reliability of at least 99.5 percent.
(b) Rules and guidelines for petition verification shall
be adopted by the Department of State. Rules and
guidelines for a random sample method of verification
may include a requirement that petitions bear an
additional number of names and signatures, not to
exceed 15 percent of the names and signatures
otherwise required. If the petitions do not meet such
criteria or if the petitions are prescribed by s. 100.371,
the use of the random sample method of verification is
not available to supervisors.
(2) When a petitioner submits petitions which con
tain at least 15 percent more than the required number
of signatures, the petitioner may require that the
supervisor of elections use the random sampling
verification method in certifying the petition.
(3)(a) If all other requirements for the petition are
met, a signature on a petition shall be verified and
counted as valid for a registered voter if, after comparing
the signature on the petition and the signature of the
registered voter in the voter registration system, the
supervisor is able to determine that the petition signer is
the same as the registered voter, even if the name on
the petition is not in substantially the same form as in the
voter registration system.
(b) In any situation in which this code requires the
form of the petition to be prescribed by the division, no
signature shall be counted toward the number of
signatures required unless it is on a petition form
prescribed by the division.
(c) If a voter signs a petition and lists an address
other than the legal residence where the voter is
registered, the supervisor shall treat the signature as
if the voter had listed the address where the voter is
registered.
(4) The supervisor shall be paid in advance the sum
of 10 cents for each signature checked or the actual cost
of checking such signature, whichever is less, by the
candidate or, in the case of a petition to have an issue
placed on the ballot, by the person or organization
submitting the petition. However, if a candidate, person,
or organization seeking to have an issue placed upon
the ballot cannot pay such charges without imposing an
undue burden on personal resources or upon the
resources otherwise available to such candidate, per
son, or organization, such candidate, person, or orga
nization shall, upon written certification of such inability
given under oath to the supervisor, be entitled to have
the signatures verified at no charge. In the event a
candidate, person, or organization submitting a petition
to have an issue placed upon the ballot is entitled to
have the signatures verified at no charge, the supervisor
of elections of each county in which the signatures are
verified at no charge shall submit the total number of
such signatures checked in the county to the Chief
Financial Officer no later than December 1 of the
general election year, and the Chief Financial Officer
shall cause such supervisor of elections to be reim
bursed from the General Revenue Fund in an amount
equal to 10 cents for each name checked or the actual
cost of checking such signatures, whichever is less. In
no event shall such reimbursement of costs be deemed
or applied as extra compensation for the supervisor.
Petitions shall be retained by the supervisors for a
29
Ch. 99 CANDIDATES F.S. 2011
period of 1 year following the election for which the
petitions were circulated.
(5) The results of a verification pursuant to subpar
agraph (1)(a)2. may be contested in the circuit court by
the candidate; an announced opponent; a representa
tive of a designated political committee; or a person,
party, or other organization submitting the petition. The
contestant shall file a complaint, together with the fees
prescribed in chapter 28, with the clerk of the circuit
court in the county in which the petition is certified or in
Leon County if the petition covers more than one county
within 10 days after midnight of the date the petition is
certified; and the complaint shall set forth the grounds
on which the contestant intends to establish his or her
right to require a complete check of the petition pursuant
to subparagraph (1)(a)1. In the event the court orders a
complete check of the petition and the result is not
changed as to the success or lack of success of the
petitioner in obtaining the requisite number of valid
signatures, then such candidate, unless the candidate
has filed the oath stating that he or she is unable to pay
such charges; announced opponent; representative of a
designated political committee; or party, person, or
organization submitting the petition, unless such person
or organization has filed the oath stating inability to pay
such charges, shall pay to the supervisor of elections of
each affected county for the complete check an amount
calculated at the rate of 10 cents for each additional
signature checked or the actual cost of checking such
additional signatures, whichever is less.
(6)(a) If any person is paid to solicit signatures on a
petition, an undue burden oath may not subsequently be
filed in lieu of paying the fee to have signatures verified
for that petition.
(b) If an undue burden oath has been filed and
payment is subsequently made to any person to solicit
signatures on a petition, the undue burden oath is no
longer valid and a fee for all signatures previously
submitted to the supervisor of elections and any that are
submitted thereafter shall be paid by the candidate,
person, or organization that submitted the undue
burden oath. If contributions as defined in s. 106.011
are received, any monetary contributions must first be
used to reimburse the supervisor of elections for any
signature verification fees that were not paid because of
the filing of an undue burden oath.
History.—s. 2, ch. 76-233; s. 10, ch. 77-175; s. 2, ch. 80-20; s. 1, ch. 82-141; s.
13, ch. 89-338; s. 2, ch. 90-229; s. 12, ch. 90-315; s. 542, ch. 95-147; s. 21, ch.
97-13; s. 7, ch. 99-318; s. 109, ch. 2003-261; s. 19, ch. 2011-40.
99.103 Department of State to remit part of filing
fees and party assessments of candidates to state
executive committee.—
(1) If more than three-fourths of the full authorized
membership of the state executive committee of any
party was elected at the last previous election for such
members and if such party is declared by the Depart
ment of State to have recorded on the registration books
of the counties, as of the first Tuesday after the first
Monday in January prior to the primary election in
general election years, 5 percent of the total registration
of such counties when added together, such committee
shall receive, for the purpose of meeting its expenses,
all filing fees collected by the Department of State from
its candidates less an amount equal to 15 percent of the
filing fees, which amount the Department of State shall
deposit in the General Revenue Fund of the state.
(2) Not later than 20 days after the close of qualifying
in even-numbered years, the Department of State shall
remit 95 percent of all filing fees, less the amount
deposited in general revenue pursuant to subsection
(1), or party assessments that may have been collected
by the department to the respective state executive
committees of the parties complying with subsection (1).
Party assessments collected by the Department of
State shall be remitted to the appropriate state execu
tive committee, irrespective of other requirements of this
section, provided such committee is duly organized
under the provisions of chapter 103. The remainder of
filing fees or party assessments collected by the
Department of State shall be remitted to the appropriate
state executive committees not later than the date of the
primary election.
History.—s. 1, ch. 29935, 1955; s. 24, ch. 57-1; s. 1, ch. 57-62; s. 4, ch. 57-166;
s. 1, ch. 69-295; ss. 10, 35, ch. 69-106; s. 11, ch. 77-175; s. 2, ch. 83-251; s. 4, ch.
91-107; s. 14, ch. 97-13; s. 10, ch. 2005-286.
99.121 Department of State to certify nomina
tions to supervisors of elections.—The Department
of State shall certify to the supervisor of elections of
each county affected by a candidacy for office the
names of persons nominated to such office. The names
of such persons shall be printed by the supervisor of
elections upon the ballot in their proper place as
provided by law.
History.—s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; GS 215, 3824; s. 54, ch.
6469, 1913; RGS 259, 358, 5885; CGL 315, 415, 8148; s. 11, ch. 26329, 1949; s. 3,
ch. 26870, 1951; s. 5, ch. 57-166; ss. 10, 35, ch. 69-106; s. 11, ch. 77-175.
Note.—Former ss. 99.13, 102.51.
30
F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
CHAPTER 100
GENERAL, PRIMARY, SPECIAL, BOND, AND REFERENDUM ELECTIONS
100.011
100.021
100.025
100.031
100.041
100.051
100.061
100.081
100.101
100.102
100.111
100.141
100.151
100.161
100.181
100.191
100.201
100.211
100.221
100.241
100.261
100.271
100.281
100.291
100.301
100.311
100.321
100.331
100.341
100.342
100.351
100.3605
100.361
Opening and closing of polls, all elections;
expenses.
Notice of general election.
Citizens residing overseas; notice of elec
tions.
General election.
Officers chosen at general election.
Candidate’s name on general election
ballot.
Primary election.
Nomination of county commissioners at
primary election.
Special elections and special primary elec
tions.
Cost of special elections and special pri
mary elections to be incurred by the
state.
Filling vacancy.
Notice of special election to fill any vacancy
in office.
Special elections called by local governing
bodies, notice.
Filling vacancy of United States Senators.
Determination of person elected.
General election laws applicable to special
elections; returns.
Referendum required before issuing
bonds.
Power to call bond referendum; notice
required.
General election laws to govern bond
referenda.
Freeholder voting; election; penalties for
ineligible persons who vote as free
holders.
Holding bond referenda with other elec
tions.
Inspectors, clerk, duties; return and can
vass of referendum recorded.
Approval to issue bonds.
Record results of election prima facie
evidence.
Refunding bonds excluded.
Local law governs bond election held by
municipalities.
Test suit.
Referendum for defeated bond issue.
Bond referendum ballot.
Notice of special election or referendum.
Referendum election; certificate of results
to Department of State.
Conduct of municipal elections.
Municipal recall.
100.371 Initiatives; procedure for placement on
ballot.
100.011 Opening and closing of polls, all elec
tions; expenses.—
31
(1) The polls shall be open at the voting places at
7:00 a.m., on the day of the election, and shall be kept
open until 7:00 p.m., of the same day, and the time shall
be regulated by the customary time in standard use in
the county seat of the locality. The inspectors shall
make public proclamation of the opening and closing of
the polls. During the election and canvass of the votes,
the ballot box shall not be concealed. Any elector who is
in line at the time of the official closing of the polls shall
be allowed to cast a vote in the election.
(2) The time of opening and closing of the polls shall
be observed in all elections held in this state, including
municipal and school elections.
(3) The expenses of holding all elections for county
and state offices necessarily incurred shall be paid out
of the treasury of the county or state, as the case may
be, in the same manner and by the same officers as in
general elections.
(4)(a) The provisions of any special law to the
contrary notwithstanding, the expenses of holding a
special district or community development district elec
tion, or the district’s proportionate share of regular
election costs, as the case may be, shall be paid out of
the district’s treasury and in the same manner as in
general elections. This subsection applies to any
district, whether created by or pursuant to special or
general law, which is a special district as defined in s.
200.001(8)(c) or a community development district as
defined in s. 190.003(6).
(b) The provisions of any special law to the contrary
notwithstanding, the supervisor of elections may impose
an interest penalty on any amount due and owing to him
or her from a special district or community development
district if payment is not made within 30 days from
receipt of the bill or within 10 working days of the
required time authorized by interlocal agreement. The
rate of such interest shall be the rate established
pursuant to s. 55.03.
(c) The provisions of any special law to the contrary
notwithstanding, all independent and dependent special
district elections, with the exception of community
development district elections, shall be conducted in
accordance with the requirements of ss. 189.405 and
189.4051.
History.—s. 23, ch. 3879, 1889; RS 177; s. 27, ch. 4328, 1895; GS 209; s. 8, ch.
6469, 1913; RGS 253, 306; CGL 309, 362; ss. 1, 2, ch. 20409, 1941; ss. 1, 2, ch.
22739, 1945; s. 4, ch. 25384, 1949; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 6, ch.
87-363; s. 53, ch. 89-169; s. 543, ch. 95-147; s. 4, ch. 96-327; s. 18, ch. 2005-277.
Note.—Former ss. 99.07, 102.08.
100.021 Notice of general election.—The Depart
ment of State shall, in any year in which a general
election is held, make out a notice stating what offices
and vacancies are to be filled at the general election in
the state, and in each county and district thereof. During
the 30 days prior to the beginning of qualifying, the
Department of State shall have the notice published two
times in a newspaper of general circulation in each
county; and, in counties in which there is no newspaper
of general circulation, it shall send to the sheriff a notice
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2011
of the offices and vacancies to be filled at such general
election by the qualified voters of the sheriff’s county or
any district thereof, and the sheriff shall have at least
five copies of the notice posted in conspicuous places in
the county.
History.—s. 5, ch. 3879, 1889; RS 159; s. 6, ch. 4328, 1895; s. 4, ch. 4537,
1897; GS 176; RGS 220; CGL 255; s. 1, ch. 25383, 1949; s. 4, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 12, ch. 77-175; s. 3, ch. 83-251; s. 544, ch. 95-147.
Note.—Former s. 98.06.
100.025 Citizens residing overseas; notice of
elections.—A citizen of this state who is residing
overseas may notify the supervisor of elections in the
county where he or she is registered of his or her
overseas address; and, thereafter, the supervisor shall
notify such citizen at least 90 days prior to regular
primary and general elections and when possible prior
to any special election so that such citizen may follow
the procedures for absentee voting provided by law.
History.—s. 1, ch. 67-454; s. 8, ch. 69-280; s. 3, ch. 77-175; s. 16, ch. 81-304; s.
4, ch. 89-338; s. 16, ch. 94-224; s. 1389, ch. 95-147.
Note.—Former s. 97.0631.
100.031 General election.—A general election
shall be held in each county on the first Tuesday after
the first Monday in November of each even-numbered
year to choose a successor to each elective federal,
state, county, and district officer whose term will expire
before the next general election and, except as provided
in the State Constitution, to fill each vacancy in elective
office for the unexpired portion of the term.
History.—s. 2, ch. 3879, 1889; RS 155; s. 2, ch. 4328, 1895; s. 1, ch. 4537,
1897; GS 171; RGS 216; CGL 251; s. 4, ch. 26870, 1951; s. 12, ch. 77-175.
Note.—Former s. 98.04.
100.041 Officers chosen at general election.—
(1) State senators shall be elected for terms of 4
years, those from odd-numbered districts in each year
the number of which is a multiple of 4 and those from
even-numbered districts in each even-numbered year
the number of which is not a multiple of 4. Members of
the House of Representatives shall be elected for terms
of 2 years in each even-numbered year. In each county,
a clerk of the circuit court, sheriff, superintendent of
schools, property appraiser, and tax collector shall be
chosen by the qualified electors at the general election
in each year the number of which is a multiple of 4. The
Governor and the administrative officers of the execu
tive branch of the state shall be elected for terms of 4
years in each even-numbered year the number of which
is not a multiple of 4. The terms of state offices other
than the terms of members of the Legislature shall begin
on the first Tuesday after the first Monday in January
after said election. The term of office of each member of
the Legislature shall begin upon election.
(2)(a) Each county commissioner from an odd-num
bered district shall be elected at the general election in
each year the number of which is a multiple of 4, for a 4
year term commencing on the second Tuesday follow
ing such election, and each county commissioner from
an even-numbered district shall be elected at the
general election in each even-numbered year the
number of which is not a multiple of 4, for a 4-year
term commencing on the second Tuesday following
such election. A county commissioner is “elected” for
purposes of this paragraph on the date that the county
canvassing board certifies the results of the election
pursuant to s. 102.151.
(b) Notwithstanding paragraph (a), the governing
board of a charter county may provide by ordinance,
to be approved by referendum, that the terms of its
members shall commence on a date later than the
second Tuesday following general elections, but in any
case the date of commencement shall be uniform for all
members and shall be no later than the first Tuesday
after the first Monday in January following each
member’s election.
(3)(a) School board members shall be elected at a
general election for terms of 4 years. The term of office
of a school board member and of a superintendent of
schools shall begin on the second Tuesday following the
general election in which such member or superinten
dent is elected.
(b) In each school district which has five school
board members, the terms shall be arranged so that
three members are elected at one general election and
two members elected at the next ensuing general
election.
(4) The term of office of each county and each
district officer not otherwise provided by law shall
commence on the first Tuesday after the first Monday
in January following his or her election.
History.—s. 3, ch. 3879, 1889; RS 156; s. 3, ch. 4328, 1895; s. 2, ch. 4537,
1897; GS 172; s. 10, ch. 7838, 1919; RGS 217; CGL 252; s. 4, ch. 26870, 1951; s.
15, ch. 28156, 1953; s. 1, ch. 59-140; s. 1, ch. 63-479; s. 1, ch. 67-98; s. 1, ch.
67-510; s. 11, ch. 69-216; s. 1, ch. 69-300; (4) formerly s. 14, Art. XVIII of the
Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the
Constitution as revised in 1968; s. 1, ch. 73-47; s. 18, ch. 73-334; s. 1, ch. 77-102; s.
12, ch. 77-175; s. 1, ch. 78-321; s. 21, ch. 79-164; s. 14, ch. 85-226; s. 1, ch. 88-85;
s. 14, ch. 89-338; s. 545, ch. 95-147; s. 11, ch. 98-129; s. 20, ch. 2007-30.
Note.—Former s. 98.05.
100.051 Candidate’s name on general election
ballot.—The supervisor of elections of each county
shall print on ballots to be used in the county at the next
general election the names of candidates who have
been nominated by a political party and the candidates
who have otherwise obtained a position on the general
election ballot in compliance with the requirements of
this code.
History.—s. 53, ch. 6469, 1913; RGS 357; CGL 414; s. 4, ch. 26870, 1951; s. 3,
ch. 70-269; s. 1, ch. 70-439; s. 12, ch. 77-175; s. 21, ch. 2007-30.
Note.—Former s. 102.50.
100.061 Primary election.—In each year in which
a general election is held, a primary election for
nomination of candidates of political parties shall be
held on the Tuesday 12 weeks prior to the general
election. The candidate receiving the highest number of
votes cast in each contest in the primary election shall
be declared nominated for such office. If two or more
candidates receive an equal and highest number of
votes for the same office, such candidates shall draw
lots to determine which candidate is nominated.
History.—s. 5, ch. 6469, 1913; RGS 303; CGL 359; s. 2, ch. 13761, 1929; s. 1,
ch. 17897, 1937; s. 7, ch. 26329, 1949; s. 4, ch. 26870, 1951; s. 1, ch. 57-166; s. 1,
ch. 59-4; s. 1, ch. 69-1745; s. 4, ch. 83-251; s. 11, ch. 2005-286; s. 22, ch. 2007-30;
s. 20, ch. 2011-40.
Note.—Former s. 102.05.
100.081 Nomination of county commissioners
at primary election.—The primary election shall pro
vide for the nomination of county commissioners by the
32
F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
qualified electors of such county at the time and place
set for voting on other county officers.
History.—s. 63, ch. 6469, 1913; s. 10, ch. 6874, 1915; RGS 362; CGL 419; s.
18, ch. 13761, 1929; CGL 1936 Supp. 424(2); s. 4, ch. 26870, 1951; s. 11, ch.
69-216; s. 12, ch. 77-175; s. 12, ch. 2005-286.
Note.—Former s. 102.55.
100.101 Special elections and special primary
elections.—A special election or special primary elec
tion shall be held in the following cases:
(1) If no person has been elected at a general
election to fill an office which was required to be filled by
election at such general election.
(2) If a vacancy occurs in the office of state senator
or member of the state house of representatives.
(3) If it is necessary to elect presidential electors, by
reason of the offices of President and Vice President
both having become vacant.
(4) If a vacancy occurs in the office of member from
Florida of the House of Representatives of Congress.
History.—s. 4, ch. 3879, 1889; RS 158; s. 5, ch. 4328, 1895; GS 175; RGS 219;
CGL 254; s. 4, ch. 26870, 1951; s. 12, ch. 77-175; s. 3, ch. 83-15; s. 19, ch.
2005-277; s. 21, ch. 2011-40.
Note.—Former s. 98.08.
100.102 Cost of special elections and special
primary elections to be incurred by the state.—
Whenever any special election or special primary
election is held as required in s. 100.101, each county
incurring expenses resulting from such special election
or special primary election shall be reimbursed by the
state. Reimbursement shall be based upon actual
expenses as filed by the supervisor of elections with
the county governing body. The Department of State
shall verify the expenses of each special election and
each special primary election and authorize payment for
reimbursement to each county affected.
History.—s. 2, ch. 74-120; s. 12, ch. 77-175.
100.111 Filling vacancy.—
(1)(a) If any vacancy occurs in any office which is
required to be filled pursuant to s. 1(f), Art. IV of the
State Constitution and the remainder of the term of such
office is 28 months or longer, then at the next general
election a person shall be elected to fill the unexpired
portion of such term, commencing on the first Tuesday
after the first Monday following such general election.
(b) If such a vacancy occurs prior to the first day set
by law for qualifying for election to office at such general
election, any person seeking nomination or election to
the unexpired portion of the term shall qualify within the
time prescribed by law for qualifying for other offices to
be filled by election at such general election.
(c) If such a vacancy occurs prior to the primary
election but on or after the first day set by law for
qualifying, the Secretary of State shall set dates for
qualifying for the unexpired portion of the term of such
office. Any person seeking nomination or election to the
unexpired portion of the term shall qualify within the time
set by the Secretary of State. If time does not permit
party nominations to be made in conjunction with the
primary election, the Governor may call a special
primary election to select party nominees for the
unexpired portion of such term.
(2) Whenever there is a vacancy for which a special
election is required pursuant to s. 100.101, the
Governor, after consultation with the Secretary of
State, shall fix the dates of a special primary election
and a special election. Nominees of political parties
shall be chosen under the primary laws of this state in
the special primary election to become candidates in the
special election. Prior to setting the special election
dates, the Governor shall consider any upcoming
elections in the jurisdiction where the special election
will be held. The dates fixed by the Governor shall be
specific days certain and shall not be established by the
happening of a condition or stated in the alternative. The
dates fixed shall provide a minimum of 2 weeks between
each election. In the event a vacancy occurs in the office
of state senator or member of the House of Represen
tatives when the Legislature is in regular legislative
session, the minimum times prescribed by this subsec
tion may be waived upon concurrence of the Governor,
the Speaker of the House of Representatives, and the
President of the Senate. If a vacancy occurs in the office
of state senator and no session of the Legislature is
scheduled to be held prior to the next general election,
the Governor may fix the dates for the special primary
election and for the special election to coincide with the
dates of the primary election and general election. If a
vacancy in office occurs in any district in the state
Senate or House of Representatives or in any congres
sional district, and no session of the Legislature, or
session of Congress if the vacancy is in a congressional
district, is scheduled to be held during the unexpired
portion of the term, the Governor is not required to call a
special election to fill such vacancy.
(a) The dates for candidates to qualify in such
special election or special primary election shall be
fixed by the Department of State, and candidates shall
qualify not later than noon of the last day so fixed. The
dates fixed for qualifying shall allow a minimum of 14
days between the last day of qualifying and the special
primary election.
(b) The filing of campaign expense statements by
candidates in such special elections or special primaries
and by committees making contributions or expendi
tures to influence the results of such special primaries or
special elections shall be not later than such dates as
shall be fixed by the Department of State, and in fixing
such dates the Department of State shall take into
consideration and be governed by the practical time
limitations.
(c) The dates for a candidate to qualify by the petition
process pursuant to s. 99.095 in such special primary or
special election shall be fixed by the Department of
State. In fixing such dates the Department of State shall
take into consideration and be governed by the practical
time limitations. Any candidate seeking to qualify by the
petition process in a special primary election shall obtain
25 percent of the signatures required by s. 99.095.
(d) The qualifying fees and party assessments of
such candidates as may qualify shall be the same as
collected for the same office at the last previous primary
for that office. The party assessment shall be paid to the
appropriate executive committee of the political party to
which the candidate belongs.
(e) Each county canvassing board shall make as
speedy a return of the result of such special primary
33
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2011
elections and special elections as time will permit, and
the Elections Canvassing Commission likewise shall
make as speedy a canvass and declaration of the
nominees as time will permit.
(3)(a) In the event that death, resignation, with
drawal, or removal should cause a party to have a
vacancy in nomination which leaves no candidate for an
office from such party, the filing officer before whom the
candidate qualified shall notify the chair of the state and
county political party executive committee of such party
and:
1. If the vacancy in nomination is for a statewide
office, the state party chair shall, within 5 days, call a
meeting of his or her executive board to consider
designation of a nominee to fill the vacancy.
2. If the vacancy in nomination is for the office of
United States Representative, state senator, state
representative, state attorney, or public defender, the
state party chair shall notify the appropriate county chair
or chairs and, within 5 days, the appropriate county
chair or chairs shall call a meeting of the members of the
executive committee in the affected county or counties
to consider designation of a nominee to fill the vacancy.
3. If the vacancy in nomination is for a county office,
the state party chair shall notify the appropriate county
chair and, within 5 days, the appropriate county chair
shall call a meeting of his or her executive committee to
consider designation of a nominee to fill the vacancy.
The name of any person so designated shall be
submitted to the filing officer before whom the candidate
qualified within 7 days after notice to the chair in order
that the person designated may have his or her name on
the ballot of the ensuing general election. If the name of
the new nominee is submitted after the certification of
results of the preceding primary election, however, the
ballots shall not be changed and the former party
nominee’s name will appear on the ballot. Any ballots
cast for the former party nominee will be counted for the
person designated by the political party to replace the
former party nominee. If there is no opposition to the
party nominee, the person designated by the political
party to replace the former party nominee will be elected
to office at the general election.
(b) When, under the circumstances set forth in the
preceding paragraph, vacancies in nomination are
required to be filled by committee nominations, such
vacancies shall be filled by party rule. In any instance in
which a nominee is selected by a committee to fill a
vacancy in nomination, such nominee shall pay the
same filing fee and take the same oath as the nominee
would have taken had he or she regularly qualified for
election to such office.
(c) Any person who, at the close of qualifying as
prescribed in ss. 99.061 and 105.031, was qualified for
nomination or election to or retention in a public office to
be filled at the ensuing general election or who
attempted to qualify and failed to qualify is prohibited
from qualifying as a candidate to fill a vacancy in
nomination for any other office to be filled at that general
election, even if such person has withdrawn or been
eliminated as a candidate for the original office sought.
However, this paragraph does not apply to a candidate
for the office of Lieutenant Governor who applies to fill a
vacancy in nomination for the office of Governor on the
same ticket or to a person who has withdrawn or been
eliminated as a candidate and who is subsequently
designated as a candidate for Lieutenant Governor
under s. 99.063.
(4) A vacancy in nomination is not created if an order
of a court that has become final determines that a
nominee did not properly qualify or did not meet the
necessary qualifications to hold the office for which he
or she sought to qualify.
(5) In the event of unforeseeable circumstances not
contemplated in these general election laws concerning
the calling and holding of special primary elections and
special elections resulting from court order or other
unpredictable circumstances, the Department of State
shall have the authority to provide for the conduct of
orderly elections.
History.—s. 4, ch. 26870, 1951; s. 16, ch. 28156, 1953; s. 1, ch. 29938, 1955; s.
1, ch. 57-91; s. 1, ch. 59-139; s. 2, ch. 65-240; ss. 10, 35, ch. 69-106; s. 1, ch.
73-191; s. 1, ch. 74-120; s. 12, ch. 77-175; s. 30, ch. 79-400; s. 4, ch. 83-15; s. 1, ch.
83-149; s. 15, ch. 89-338; s. 3, ch. 90-229; s. 13, ch. 90-315; s. 546, ch. 95-147; s. 1,
ch. 95-197; s. 5, ch. 99-140; s. 12, ch. 99-318; s. 20, ch. 2005-277; s. 13, ch.
2005-286; s. 23, ch. 2007-30; s. 22, ch. 2011-40.
100.141 Notice of special election to fill any
vacancy in office.—
(1) Whenever a special election is required to fill any
vacancy in office, the Governor, after consultation with
the Secretary of State, shall issue an order declaring on
what day the election shall be held and deliver the order
to the Department of State.
(2) The Department of State shall prepare a notice
stating what offices are to be filled in the special
election, the dates set for the special primary election
and the special election, the dates fixed for qualifying for
office, the dates fixed for qualifying by the petition
process pursuant to s. 99.095, and the dates fixed for
filing campaign expense statements.
(3) The department shall deliver a copy of such
notice to the supervisor of elections of each county in
which the special election is to be held. The supervisor
shall have the notice published two times in a news
paper of general circulation in the county at least 10
days prior to the first day set for qualifying for office. If
such a newspaper is not published within the period set
forth, the supervisor shall post at least five copies of the
notice in conspicuous places in the county not less than
10 days prior to the first date set for qualifying.
History.—s. 6, ch. 3879, 1889; RS 160; s. 7, ch. 4328, 1895; GS 177; RGS 221;
CGL 256; s. 3, ch. 25383, 1949; s. 1, ch. 26329, 1949; s. 4, ch. 26870, 1951; ss. 10,
35, ch. 69-106; s. 12, ch. 77-175; s. 14, ch. 90-315; s. 13, ch. 99-318; s. 21, ch.
2005-277; s. 14, ch. 2005-286.
Note.—Former s. 98.10.
100.151 Special elections called by local gov
erning bodies, notice.—County commissioners or the
governing authority of a municipality shall not call any
special election until notice is given to the supervisor of
elections and his or her consent obtained as to a date
when the registration books can be available.
History.—s. 4, ch. 26870, 1951; s. 2, ch. 65-60; s. 16, ch. 89-338; s. 547, ch.
95-147.
100.161 Filling vacancy of United States Sena
tors.—Should a vacancy happen in the representation
of this state in the Senate of the United States, the
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F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
Governor shall issue a writ of election to fill such
vacancy at the next general election; and the Governor
may make a temporary appointment until the vacancy is
filled by election.
History.—s. 4, ch. 26870, 1951; s. 17, ch. 28156, 1953; s. 12, ch. 77-175.
100.181 Determination of person elected.—The
person receiving the highest number of votes cast in a
general or special election for an office shall be elected
to the office. In case two or more persons receive an
equal and highest number of votes for the same office,
such persons shall draw lots to determine who shall be
elected to the office.
History.—s. 7, ch. 20872, 1941; s. 4, ch. 26329, 1949; s. 4, ch. 26870, 1951; s.
24, ch. 77-104; s. 12, ch. 77-175.
Note.—Former s. 98.49.
100.191 General election laws applicable to
special elections; returns.—All laws that are applic
able to general elections are applicable to special
elections or special primary elections to fill a vacancy
in office or nomination. The Elections Canvassing
Commission shall immediately, upon receipt of returns
from the county in which a special election is held,
proceed to canvass the returns and determine and
declare the result thereof.
History.—s. 6, ch. 20872, 1941; s. 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s.
12, ch. 77-175; s. 24, ch. 2007-30.
Note.—Former s. 98.48.
100.201 Referendum required before issuing
bonds.—Whenever any county, district, or municipality
is by law given power to issue bonds which are required
to be approved by referendum, such bonds shall be
issued only after the same have been approved by the
majority of votes cast by those persons eligible to vote in
such referendum. The election costs of such referen
dum shall be paid in whole or in part, as the case may
be, out of the county, district, or municipal treasury.
History.—s. 1, ch. 14715, 1931; CGL 1936 Supp. 457(1); s. 4, ch. 26870, 1951;
s. 3, ch. 69-377; s. 12, ch. 77-175; s. 7, ch. 87-363.
Note.—Former s. 103.01.
100.211 Power to call bond referendum; notice
required.—The board of county commissioners or the
governing authority of any district or municipality may
call a bond referendum under this code. In the event any
referendum is called to decide whether a majority of the
electors participating are in favor of the issuance of
bonds in the county, district, or municipality, the board of
county commissioners, or the governing authority of the
municipality or district, shall by resolution order the bond
referendum to be held in the county, district, or
municipality and shall give notice of the election in the
manner prescribed by s. 100.342.
History.—s. 2, ch. 14715, 1931; CGL 1936 Supp. 457(2); s. 4, ch. 26870, 1951;
s. 4, ch. 69-377; s. 12, ch. 77-175.
Note.—Former s. 103.02.
100.221 General election laws to govern bond
referenda.—The laws governing the holding of general
elections are applicable to bond referenda, except as
provided in ss. 100.201-100.351. A county, district, or
municipality is not required to offer early voting for a
bond referendum that is not held in conjunction with a
county or state election. The places for voting in a bond
referendum shall be the same as the places for voting in
general elections when a bond referendum is held in the
county or district; however, when a bond referendum is
held in a municipality, the polling places shall be the
same as in other municipal elections.
History.—s. 8, ch. 14715, 1931; CGL 1936 Supp. 457(8); s. 4, ch. 26870, 1951;
s. 12, ch. 77-175; s. 12, ch. 2008-95.
Note.—Former s. 103.08.
100.241 Freeholder voting; election; penalties
for ineligible persons who vote as freeholders.—
(1) In any election or referendum in which only
electors who are freeholders are qualified to vote, the
regular registration books covering the precincts located
within the geographical area in which the election or
referendum is to be held shall be used.
(2) Qualification and registration of electors partici
pating in such an election or referendum shall be the
same as prescribed for voting in other elections under
this code, and, in addition, each such elector shall
submit proof by affidavit made before an inspector that
the elector is a freeholder who is a qualified elector
residing in the county, district, or municipality in which
the election or referendum is to be held.
(3) Each registered elector who makes a sworn
affidavit of ownership to the inspectors, giving either a
legal description, address, or location of property in the
elector’s name which is not wholly exempt from taxation
shall be entitled to vote in the election or referendum
and shall be considered a freeholder.
(4) The actual costs of conducting such freeholders’
election or referendum shall be paid by the county,
district, or municipality requiring the same to be held.
(5) It is unlawful for any person to vote in any county,
district, or other election or referendum which is limited
to a vote of the electors who are freeholders, unless
such person is a freeholder and a qualified elector. Any
person who violates the provisions of this subsection is
guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 9294, 1923; CGL 250; ss. 4, 6, 14, ch. 14715, 1931; CGL
1936 Supp. 457(4), (6), (14); s. 7, ch. 22858, 1945; s. 4, ch. 26870, 1951; s. 1, ch.
61-332; s. 5, ch. 65-240; s. 5, ch. 69-377; s. 12, ch. 77-175; s. 2, ch. 91-224; s. 548,
ch. 95-147.
Note.—Former ss. 98.03, 103.04, 103.06, 103.14.
100.261 Holding bond referenda with other elec
tions.—Whenever any bond referendum is called, it
shall be lawful for any county, district, or municipality to
hold such bond referendum on the day of any state,
county, or municipal primary or general election, or on
the day of any election of such county, district, or
municipality for any purpose other than the purpose of
voting on such bonds. If such bond referendum is held
concurrently with a regularly scheduled election, the
county, district, or municipality shall pay only its pro rata
share of election costs directly related to the bond
referendum. However, nothing in this section shall
prohibit the holding of a special or separate bond
referendum.
History.—s. 1, ch. 22545, 1945; s. 4, ch. 26870, 1951; s. 19, ch. 28156, 1953; s.
12, ch. 77-175; s. 8, ch. 87-363.
Note.—Former s. 103.21.
100.271 Inspectors, clerk, duties; return and
canvass of referendum recorded.—In any bond
referendum, unless the referendum is held in
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Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2011
connection with a regular or special state, county, or
municipal election, at least two inspectors and one clerk
shall be appointed and qualified, as in cases of general
elections, and they shall canvass the vote cast and
make due returns of same without delay. Any bond
referendum held in a municipality shall be returned to
and canvassed by the governing authority which called
the referendum, but in any county or district the returns
shall be made to the board of county commissioners.
The board of county commissioners or, in the case of a
municipality, the governing authority thereof, shall
canvass the returns and declare the result and have
same recorded in the minutes of the board of county
commissioners, or, in the case of a district, the
certificate of declaration of result shall be recorded in
the minutes of the governing authority of such district,
or, in the case of a municipality, the result shall be
recorded in the minutes of the governing authority of the
municipality. If any bond referendum is held in conjunc
tion with any other election, however, the officials
responsible for the canvass of such election shall also
canvass the returns of the referendum and certify the
same to the proper governing body.
History.—s. 10, ch. 14715, 1931; CGL 1936 Supp. 457(10); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.10.
100.281 Approval to issue bonds.—Should a
majority of the votes cast in a bond referendum be in
favor of the issuance of bonds, then the issuance of said
bonds is deemed authorized in accordance with s. 12,
Art. VII of the State Constitution. In the event less than a
majority of those voting on the issue voted in favor of the
issuance of the proposed bonds, then the issuance of
those specified bonds shall be deemed to have failed of
approval and it is unlawful to issue or attempt to issue
said bonds.
History.—s. 12, ch. 14715, 1931; CGL 1936 Supp. 457(12); s. 4, ch. 26870,
1951; s. 15, ch. 69-216; s. 7, ch. 69-377; s. 12, ch. 77-175.
Note.—Former s. 103.12.
100.291 Record results of election prima facie
evidence.—Whenever any bond referendum is called
and held, and the minutes have been recorded as
provided in s. 100.271 and also a separate finding as to
the total number of votes cast in the referendum, both in
favor and against the approval of bonds, then a duly
certified copy of the finding shall be admissible as prima
facie evidence in all state courts of the truth, including
the regularity, of the call, conduct, and holding of the
referendum at the time and place specified.
History.—s. 17, ch. 14715, 1931; CGL 1936 Supp. 457(15); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.17.
100.301 Refunding bonds excluded.—Sections
100.201-100.351 shall not apply to refunding bonds,
and wherever the word “bond” or “bonds” is used in
these sections it shall be construed to exclude refunding
bonds; but if the statute, ordinance, or resolution under
which refunding bonds are authorized or are to be
issued requires a referendum to determine whether
such refunding bonds shall be issued, the referendum
may be held as provided by ss. 100.201-100.351.
History.—s. 211
/2, ch. 14715, 1931; CGL 1936 Supp. 457(19); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.20.
100.311 Local law governs bond election held
by municipalities.—No section of this code controlling
or regulating bond referenda shall be deemed to repeal
or modify any provision contained in any local law
relating to bond referenda held by any municipality, but
ss. 100.201-100.351 shall be deemed additional and
supplementary to any such local law.
History.—s. 21, ch. 14715, 1931; CGL 1936 Supp. 457(18); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.19.
100.321 Test suit.—Any taxpayer of the county,
district, or municipality wherein bonds are declared to
have been authorized, shall have the right to test the
legality of the referendum and of the declaration of the
result thereof, by an action in the circuit court of the
county in which the referendum was held. The action
shall be brought against the county commissioners in
the case of a county or district referendum, or against
the governing authority of the municipality in the case of
a municipal referendum. In case any such referendum
or the declaration of results thereof shall be adjudged to
be illegal and void in any such suit, the judgment shall
have the effect of nullifying the referendum. No suit shall
be brought to test the validity of any bond referendum
unless the suit shall be instituted within 60 days after the
declaration of the results of the referendum. In the event
proceedings shall be filed in any court to validate the
bonds, which have been voted for, then any such
taxpayer shall be bound to intervene in such validation
suit and contest the validity of the holding of the
referendum or the declaration of the results thereof, in
which event the exclusive jurisdiction to determine the
legality of such referendum or the declaration of the
results thereof shall be vested in the court hearing and
determining said validation proceedings. If said bonds in
the validation proceedings shall be held valid on final
hearing or an intervention by the taxpayer shall be
interposed and held not to have been sustained, then
the judgment in said validation proceedings shall be
final and conclusive as to the legality and validity of the
referendum and of the declaration of the results thereof,
and no separate suit to test the same shall be thereafter
permissible.
History.—s. 18, ch. 14715, 1931; CGL 1936 Supp. 457(16); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.18.
100.331 Referendum for defeated bond issue.
If any bond referendum is called and held for approving
the issuance of bonds for a particular purpose and such
referendum does not result in the approval of the bonds,
then no other referendum for the approval of bonds for
the same purpose shall be called for at least 6 months.
History.—s. 13, ch. 14715, 1931; CGL 1936 Supp. 457 (13); s. 4, ch. 26870,
1951; s. 12, ch. 77-175.
Note.—Former s. 103.13.
100.341 Bond referendum ballot.—The ballots
used in bond referenda shall include a printed descrip
tion of the issuance of bonds to be voted on as
prescribed by the authority calling the referendum. A
separate statement of each issue of bonds to be
approved, giving the amount of the bonds and interest
rate thereon, together with other details necessary to
inform the electors, shall be printed on the ballots in
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F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
connection with the question “For Bonds” and “Against
Bonds.”
History.—s. 11, ch. 14715, 1931; CGL 1936 Supp. 457(11); s. 4, ch. 26870,
1951; s. 12, ch. 77-175; s. 4, ch. 2001-40.
Note.—Former s. 103.11.
100.342 Notice of special election or referen
dum.—In any special election or referendum not
otherwise provided for there shall be at least 30 days’
notice of the election or referendum by publication in a
newspaper of general circulation in the county, district,
or municipality, as the case may be. The publication
shall be made at least twice, once in the fifth week and
once in the third week prior to the week in which the
election or referendum is to be held. If there is no
newspaper of general circulation in the county, district,
or municipality, the notice shall be posted in no less than
five places within the territorial limits of the county,
district, or municipality.
History.—s. 1, ch. 59-335; s. 2, ch. 65-60; s. 12, ch. 77-175.
100.351 Referendum election; certificate of re
sults to Department of State.—Whenever an election
is held under a referendum provision of an act of the
Legislature, the election officials of the governmental
unit in which the election is held shall certify the results
thereof to the Department of State, which shall enter
such results upon the official record of the act requiring
such election on file in the office of the Department of
State.
History.—s. 1, ch. 25438, 1949; s. 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s.
12, ch. 77-175.
Note.—Former s. 99.59.
100.3605 Conduct of municipal elections.—
(1) The Florida Election Code, chapters 97-106,
shall govern the conduct of a municipality’s election in
the absence of an applicable special act, charter, or
ordinance provision. No charter or ordinance provision
shall be adopted which conflicts with or exempts a
municipality from any provision in the Florida Election
Code that expressly applies to municipalities.
(2) The governing body of a municipality may, by
ordinance, change the dates for qualifying and for the
election of members of the governing body of the
municipality and provide for the orderly transition of
office resulting from such date changes.
History.—s. 2, ch. 95-178.
100.361 Municipal recall.—
(1) APPLICATION; DEFINITION.—Any member of
the governing body of a municipality or charter county,
hereinafter referred to in this section as “municipality,”
may be removed from office by the electors of the
municipality. When the official represents a district and
is elected only by electors residing in that district, only
electors from that district are eligible to sign the petition
to recall that official and are entitled to vote in the recall
election. When the official represents a district and is
elected at-large by the electors of the municipality, all
electors of the municipality are eligible to sign the
petition to recall that official and are entitled to vote in
the recall election. Where used in this section, the term
“district” shall be construed to mean the area or region
of a municipality from which a member of the governing
body is elected by the electors from such area or region.
Members may be removed from office pursuant to the
procedures provided in this section. This method of
removing members of the governing body of a munici
pality is in addition to any other method provided by
state law.
(2) RECALL PETITION.—
(a) Petition content.—A petition shall contain the
name of the person sought to be recalled and a
statement of grounds for recall. The statement of
grounds may not exceed 200 words, and the stated
grounds are limited solely to those specified in para
graph (d). If more than one member of the governing
body is sought to be recalled, whether such member is
elected by the electors of a district or by the electors of
the municipality at-large, a separate recall petition shall
be prepared for each member sought to be recalled.
Upon request, the content of a petition should be, but is
not required to be, provided by the proponent in
alternative formats.
(b) Requisite signatures.—
1. In a municipality or district of fewer than 500
electors, the petition shall be signed by at least 50
electors or by 10 percent of the total number of
registered electors of the municipality or district as of
the preceding municipal election, whichever is greater.
2. In a municipality or district of 500 or more but
fewer than 2,000 registered electors, the petition shall
be signed by at least 100 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election, which
ever is greater.
3. In a municipality or district of 2,000 or more but
fewer than 5,000 registered electors, the petition shall
be signed by at least 250 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election, which
ever is greater.
4. In a municipality or district of 5,000 or more but
fewer than 10,000 registered electors, the petition shall
be signed by at least 500 electors or by 10 percent of the
total number of registered electors of the municipality or
district as of the preceding municipal election, which
ever is greater.
5. In a municipality or district of 10,000 or more but
fewer than 25,000 registered electors, the petition shall
be signed by at least 1,000 electors or by 10 percent of
the total number of registered electors of the munici
pality or district as of the preceding municipal election,
whichever is greater.
6. In a municipality or district of 25,000 or more
registered electors, the petition shall be signed by at
least 1,000 electors or by 5 percent of the total number
of registered electors of the municipality or district as of
the preceding municipal election, whichever is greater.
All signatures shall be obtained, as provided in para
graph (e), within a period of 30 days, and all signed and
dated petition forms shall be filed at the same time, no
later than 30 days after the date on which the first
signature is obtained on the petition.
(c) Recall committee.—Electors of the municipality
or district making charges contained in the statement of
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Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2011
grounds for recall, as well as those signing the recall
petition, shall be designated as the recall committee. A
specific person shall be designated in the petition as
chair of the committee, and this person shall act for the
committee. The recall committee and the officer being
recalled are subject to the provisions of chapter 106.
(d) Grounds for recall.—The grounds for removal of
elected municipal officials shall, for the purposes of this
act, be limited to the following and must be contained in
the petition:
1. Malfeasance;
2. Misfeasance;
3. Neglect of duty;
4. Drunkenness;
5. Incompetence;
6. Permanent inability to perform official duties; and
7. Conviction of a felony involving moral turpitude.
(e) Signature process.—Only electors of the munici
pality or district are eligible to sign the petition. Each
elector signing a petition shall sign and date his or her
name in ink or indelible pencil. Each petition shall
contain appropriate lines for each elector’s original
signature, printed name, street address, city, county,
voter registration number or date of birth, and date
signed. The form shall also contain lines for an oath, to
be executed by a witness who is to verify the fact that
the witness saw each person sign the counterpart of the
petition, that each signature appearing thereon is the
genuine signature of the person it purports to be, and
that the petition was signed in the presence of the
witness on the date indicated.
(f) Filing of signed petitions.—All signed petition
forms shall be filed at the same time, no later than 30
days after the date on which the first signature is
obtained on the petition. The person designated as chair
of the committee shall file the signed petition forms with
the auditor or clerk of the municipality or charter county,
or his or her equivalent, hereinafter referred to as
“clerk.” The petition may not be amended after it is
filed with the clerk.
(g) Verification of signatures.—
1. Immediately after the filing of the petition forms,
the clerk shall submit such forms to the county super
visor of elections. No more than 30 days after the date
on which all petition forms are submitted to the super
visor by the clerk, the supervisor shall promptly verify
the signatures in accordance with s. 99.097, and
determine whether the requisite number of valid signa
tures has been obtained for the petition. The committee
seeking verification of the signatures shall pay in
advance to the supervisor the sum of 10 cents for
each signature checked or the actual cost of checking
such signatures, whichever is less.
2. Upon filing with the clerk, the petition and all
subsequent papers or forms required or permitted to be
filed with the clerk in connection with this section must,
upon request, be made available in alternative formats
by the clerk.
3. If the supervisor determines that the petition does
not contain the requisite number of verified and valid
signatures, the clerk shall, upon receipt of such written
determination, so certify to the governing body of the
municipality or charter county and file the petition
38
without taking further action, and the matter shall be
at an end. No additional names may be added to the
petition, and the petition shall not be used in any other
proceeding.
4. If the supervisor determines that the petition has
the requisite number of verified and valid signatures,
then the procedures outlined in subsection (3) must be
followed.
(3) RECALL PETITION AND DEFENSE.—
(a) Notice.—Upon receipt of a written determination
that the requisite number of signatures has been
obtained, the clerk shall at once serve upon the person
sought to be recalled a certified copy of the petition.
Within 5 days after service, the person sought to be
recalled may file with the clerk a defensive statement of
not more than 200 words.
(b) Content and preparation.—Within 5 days after
the date of receipt of the defensive statement or after
the last date a defensive statement could have been
filed, the clerk shall prepare a document entitled “Recall
Petition and Defense.” The “Recall Petition and De
fense” shall consist of the recall petition, including
copies of the originally signed petitions and counter
parts. The “Recall Petition and Defense” must contain
lines which conform to the provisions of paragraph
(2)(e), and the defensive statement or, if no defensive
statement has been filed, a statement to that effect. The
clerk shall make copies of the “Recall Petition and
Defense” which are sufficient to carry the signatures of
30 percent of the registered electors. Immediately after
preparing and making sufficient copies of the “Recall
Petition and Defense,” the clerk shall deliver the copies
to the person designated as chair of the committee and
take his or her receipt therefor.
(c) Requisite signatures.—Upon receipt of the “Re
call Petition and Defense,” the committee may circulate
them to obtain the signatures of 15 percent of the
electors. All signatures shall be obtained and all signed
petition forms filed with the clerk no later than 60 days
after delivery of the “Recall Petition and Defense” to the
chair of the committee.
(d) Signed petitions; request for striking name.—The
clerk shall assemble all signed petitions, check to see
that each petition is properly verified by the oath of a
witness, and submit such petitions to the county
supervisor of elections. Any elector who signs a recall
petition has the right to demand in writing that his or her
name be stricken from the petition. A written demand
signed by the elector shall be filed with the clerk, and,
upon receipt of the demand, the clerk shall strike the
name of the elector from the petition and place his or her
initials to the side of the signature stricken. However, a
signature may not be stricken after the clerk has
delivered the “Recall Petition and Defense” to the
supervisor for verification of the signatures.
(e) Verification of signatures.—Within 30 days after
receipt of the signed “Recall Petition and Defense,” the
supervisor shall determine the number of valid signa
tures, purge the names withdrawn, and certify whether
15 percent of the qualified electors of the municipality
have signed the petitions. The supervisor shall be paid
by the persons or committee seeking verification the
sum of 10 cents for each name checked.
F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
(f) Reporting.—If the supervisor determines that the
requisite number of signatures has not been obtained,
the clerk shall, upon receipt of such written determina
tion, certify such determination to the governing body
and retain the petitions. The proceedings shall be
terminated, and the petitions shall not again be used.
If the supervisor determines that at least 15 percent of
the qualified electors signed the petition, the clerk shall,
immediately upon receipt of such written determination,
serve notice of that determination upon the person
sought to be recalled and deliver to the governing body
a certificate as to the percentage of qualified electors
who signed.
(4) RECALL ELECTION.—If the person designated
in the petition files with the clerk, within 5 days after the
last-mentioned notice, his or her written resignation, the
clerk shall at once notify the governing body of that fact,
and the resignation shall be irrevocable. The governing
body shall then proceed to fill the vacancy according to
the provisions of the appropriate law. In the absence of
a resignation, the chief judge of the judicial circuit in
which the municipality is located shall fix a day for
holding a recall election for the removal of those not
resigning. Any such election shall be held not less than
30 days or more than 60 days after the expiration of the
5-day period last-mentioned and at the same time as
any other general or special election held within the
period; but if no such election is to be held within that
period, the judge shall call a special recall election to be
held within the period aforesaid.
(5) BALLOTS.—The ballots at the recall election
shall conform to the following: With respect to each
person whose removal is sought, the question shall be
submitted: “Shall
__ be removed from the office of
__ by recall?” Immediately following each question
there shall be printed on the ballots the two propositions
in the order here set forth:
“ (name of person) should be removed from office.”
“ (name of person) should not be removed from office.”
(6) FILLING OF VACANCIES; SPECIAL ELEC
TIONS.—
(a) If an election is held for the recall of members
elected only at-large, candidates to succeed them for
the unexpired terms shall be voted upon at the same
election and shall be elected in the same manner as
provided by the appropriate law for the election of
candidates at general elections. Candidates shall not be
elected to succeed any particular member. If only one
member is removed, the candidate receiving the highest
number of votes shall be declared elected to fill the
vacancy. If more than one member is removed,
candidates equal in number to the number of members
removed shall be declared elected to fill the vacancies;
and, among the successful candidates, those receiving
the greatest number of votes shall be declared elected
for the longest terms. Cases of ties, and all other
matters not herein specially provided for, shall be
determined by the rules governing elections generally.
(b) If an election is held for the recall of members
elected only from districts, candidates to succeed them
for the unexpired terms shall be voted upon at a special
election called by the chief judge of the judicial circuit in
which the districts are located not less than 30 days or
more than 60 days after the expiration of the recall
election. The qualifying period, for purposes of this
section, shall be established by the chief judge of the
judicial circuit after consultation with the clerk. Any
candidate seeking election to fill the unexpired term of a
recalled district municipal official shall reside in the
district represented by the recalled official and qualify for
office in the manner required by law. Each candidate
receiving the highest number of votes for each office in
the special district recall election shall be declared
elected to fill the unexpired term of the recalled official.
Candidates seeking election to fill a vacancy created by
the removal of a municipal official shall be subject to the
provisions of chapter 106.
(c) When an election is held for the recall of
members of the governing body composed of both
members elected at-large and from districts, candidates
to succeed them for the unexpired terms shall be voted
upon at a special election as provided in paragraph (b).
(d) However, in any recall election held pursuant to
paragraph (b) or paragraph (c), if only one member is
voted to be removed from office, the vacancy created by
the recall shall be filled by the governing body according
to the provisions of the appropriate law for filling
vacancies.
(7) EFFECT OF RESIGNATIONS.—If the member
of the governing body being recalled resigns from office
prior to the recall election, the remaining members shall
fill the vacancy created according to the appropriate law
for filling vacancies. If all of the members of the
governing body are sought to be recalled and all of
the members resign prior to the recall election, the recall
election shall be canceled, and a special election shall
be called to fill the unexpired terms of the resigning
members. If all of the members of the governing body
are sought to be recalled and any of the members resign
prior to the recall election, the proceedings for the recall
of members not resigning and the election of succes
sors to fill the unexpired terms shall continue and have
the same effect as though there had been no resigna
tion.
(8) WHEN PETITION MAY BE FILED.—No petition
to recall any member of the governing body of a
municipality shall be filed until the member has served
one-fourth of his or her term of office. No person
removed by a recall, or resigning after a petition has
been filed against him or her, shall be eligible to be
appointed to the governing body within a period of 2
years after the date of such recall or resignation.
(9) RETENTION OF PETITION.—The clerk shall
preserve in his or her office all papers comprising or
connected with a petition for recall for a period of 2 years
after they were filed.
(10) OFFENSES RELATING TO PETITIONS.—No
person shall impersonate another, purposely write his or
her name or residence falsely in the signing of any
petition for recall or forge any name thereto, or sign any
paper with knowledge that he or she is not a qualified
elector of the municipality. No person shall employ or
pay another to accept employment or payment for
circulating or witnessing a recall petition. Any person
violating any of the provisions of this section commits a
39
Ch. 100 GENERAL, PRIMARY, AND SPECIAL ELECTIONS F.S. 2011
misdemeanor of the second degree and shall, upon (c) The form sets forth the purported elector’s name,
conviction, be punished as provided by law. address, city, county, and voter registration number or
(11) INTENT.—It is the intent of the Legislature that date of birth.
the recall procedures provided in this act shall be (d) The purported elector is, at the time he or she
uniform statewide. Therefore, all municipal charter signs the form and at the time the form is verified, a duly
and special law provisions which are contrary to the qualified and registered elector in the state.
provisions of this act are hereby repealed to the extent The supervisor shall retain the signature forms for at of this conflict. least 1 year following the election in which the issue (12) PROVISIONS APPLICABLE.—The provisions appeared on the ballot or until the Division of Elections of this act shall apply to cities and charter counties notifies the supervisors of elections that the committee whether or not they have adopted recall provisions. that circulated the petition is no longer seeking to obtain History.—ss. 1, 2, ch. 74-130; s. 1, ch. 77-174; s. 12, ch. 77-175; s. 1, ch.
77-279; s. 1, ch. 81-312; s. 20, ch. 83-217; s. 17, ch. 89-338; s. 15, ch. 90-315; s. ballot position.
549, ch. 95-147; s. 14, ch. 95-280; s. 1, ch. 2000-249; s. 5, ch. 2001-40; s. 8, ch. (4) The Secretary of State shall determine from the 2002-281; s. 13, ch. 2008-95. signatures verified by the supervisors of elections the
total number of verified valid signatures and the100.371 Initiatives; procedure for placement on distribution of such signatures by congressional dis-ballot.— tricts. Upon a determination that the requisite number (1) Constitutional amendments proposed by initiaand distribution of valid signatures have been obtained, tive shall be placed on the ballot for the general election, the secretary shall issue a certificate of ballot position provided the initiative petition has been filed with the for that proposed amendment and shall assign a Secretary of State no later than February 1 of the year designating number pursuant to s. 101.161. the general election is held. A petition shall be deemed (5)(a) Within 45 days after receipt of a proposedto be filed with the Secretary of State upon the date the revision or amendment to the State Constitution by secretary determines that valid and verified petition initiative petition from the Secretary of State, the
forms have been signed by the constitutionally required Financial Impact Estimating Conference shall complete
number and distribution of electors under this code. an analysis and financial impact statement to be placed
(2) The sponsor of an initiative amendment shall, on the ballot of the estimated increase or decrease in
prior to obtaining any signatures, register as a political any revenues or costs to state or local governments
committee pursuant to s. 106.03 and submit the text of resulting from the proposed initiative. The Financial
the proposed amendment to the Secretary of State, with Impact Estimating Conference shall submit the financial
the form on which the signatures will be affixed, and
impact statement to the Attorney General and Secretary
shall obtain the approval of the Secretary of State of
of State.
such form. The Secretary of State shall adopt rules
(b) The Financial Impact Estimating Conference
pursuant to s. 120.54 prescribing the style and require-shall provide an opportunity for any proponents or
ments of such form. Upon filing with the Secretary of opponents of the initiative to submit information and
State, the text of the proposed amendment and all forms may solicit information or analysis from any other
filed in connection with this section must, upon request, entities or agencies, including the Office of Economic
be made available in alternative formats. and Demographic Research.
(c) All meetings of the Financial Impact Estimating (3) An initiative petition form circulated for signature
Conference shall be open to the public. The President of may not be bundled with or attached to any other
the Senate and the Speaker of the House of Reprepetition. Each signature shall be dated when made and
sentatives, jointly, shall be the sole judge for theshall be valid for a period of 2 years following such date, interpretation, implementation, and enforcement ofprovided all other requirements of law are met. The this subsection. sponsor shall submit signed and dated forms to the 1. The Financial Impact Estimating Conference is supervisor of elections for the county of residence listed established to review, analyze, and estimate theby the person signing the form for verification of the financial impact of amendments to or revisions of the number of valid signatures obtained. If a signature on a State Constitution proposed by initiative. The Financial petition is from a registered voter in another county, the Impact Estimating Conference shall consist of foursupervisor shall notify the petition sponsor of the principals: one person from the Executive Office of misfiled petition. The supervisor shall promptly verify the Governor; the coordinator of the Office of Economic the signatures within 30 days after receipt of the petition and Demographic Research, or his or her designee; one forms and payment of the fee required by s. 99.097. The person from the professional staff of the Senate; and supervisor shall promptly record, in the manner pre-one person from the professional staff of the House of
scribed by the Secretary of State, the date each form is Representatives. Each principal shall have appropriate
received by the supervisor, and the date the signature fiscal expertise in the subject matter of the initiative. A
on the form is verified as valid. The supervisor may Financial Impact Estimating Conference may be ap
verify that the signature on a form is valid only if: pointed for each initiative.
(a) The form contains the original signature of the 2. Principals of the Financial Impact Estimating
purported elector. Conference shall reach a consensus or majority con
(b) The purported elector has accurately recorded on
currence on a clear and unambiguous financial impact
the form the date on which he or she signed the form. statement, no more than 75 words in length, and
40
F.S. 2011 GENERAL, PRIMARY, AND SPECIAL ELECTIONS Ch. 100
immediately submit the statement to the Attorney
General. Nothing in this subsection prohibits the Finan
cial Impact Estimating Conference from setting forth a
range of potential impacts in the financial impact
statement. Any financial impact statement that a court
finds not to be in accordance with this section shall be
remanded solely to the Financial Impact Estimating
Conference for redrafting. The Financial Impact Esti
mating Conference shall redraft the financial impact
statement within 15 days.
3. If the members of the Financial Impact Estimating
Conference are unable to agree on the statement
required by this subsection, or if the Supreme Court
has rejected the initial submission by the Financial
Impact Estimating Conference and no redraft has been
approved by the Supreme Court by 5 p.m. on the 75th
day before the election, the following statement shall
appear on the ballot pursuant to s. 101.161(1): “The
financial impact of this measure, if any, cannot be
reasonably determined at this time.”
(d) The financial impact statement must be sepa
rately contained and be set forth after the ballot
summary as required in s. 101.161(1).
(e)1. Any financial impact statement that the Su
preme Court finds not to be in accordance with this
subsection shall be remanded solely to the Financial
Impact Estimating Conference for redrafting, provided
the court’s advisory opinion is rendered at least 75 days
before the election at which the question of ratifying the
amendment will be presented. The Financial Impact
Estimating Conference shall prepare and adopt a
revised financial impact statement no later than 5
p.m. on the 15th day after the date of the court’s opinion.
2. If, by 5 p.m. on the 75th day before the election,
the Supreme Court has not issued an advisory opinion
on the initial financial impact statement prepared by the
Financial Impact Estimating Conference for an initiative
amendment that otherwise meets the legal require
ments for ballot placement, the financial impact state
ment shall be deemed approved for placement on the
ballot.
3. In addition to the financial impact statement
required by this subsection, the Financial Impact
Estimating Conference shall draft an initiative financial
information statement. The initiative financial
information statement should describe in greater detail
than the financial impact statement any projected
increase or decrease in revenues or costs that the
state or local governments would likely experience if the
ballot measure were approved. If appropriate, the
initiative financial information statement may include
both estimated dollar amounts and a description placing
the estimated dollar amounts into context. The initiative
financial information statement must include both a
summary of not more than 500 words and additional
detailed information that includes the assumptions that
were made to develop the financial impacts, work-
papers, and any other information deemed relevant by
the Financial Impact Estimating Conference.
4. The Department of State shall have printed, and
shall furnish to each supervisor of elections, a copy of
the summary from the initiative financial information
statements. The supervisors shall have the summary
from the initiative financial information statements
available at each polling place and at the main office
of the supervisor of elections upon request.
5. The Secretary of State and the Office of Eco
nomic and Demographic Research shall make available
on the Internet each initiative financial information
statement in its entirety. In addition, each supervisor
of elections whose office has a website shall post the
summary from each initiative financial information
statement on the website. Each supervisor shall include
the Internet addresses for the information statements on
the Secretary of State’s and the Office of Economic and
Demographic Research’s websites in the publication or
mailing required by s. 101.20.
(6) The Department of State may adopt rules in
accordance with s. 120.54 to carry out the provisions of
subsections (1)-(5).
(7) No provision of this code shall be deemed to
prohibit a private person exercising lawful control over
privately owned property, including property held open
to the public for the purposes of a commercial en
terprise, from excluding from such property persons
seeking to engage in activity supporting or opposing
initiative amendments.
History.—s. 15, ch. 79-365; s. 12, ch. 83-251; s. 30, ch. 84-302; s. 22, ch. 97-13;
s. 9, ch. 2002-281; s. 3, ch. 2002-390; s. 3, ch. 2004-33; s. 28, ch. 2005-278; s. 4, ch.
2006-119; s. 25, ch. 2007-30; s. 1, ch. 2007-231; s. 14, ch. 2008-95; s. 23, ch.
2011-40.
41
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
CHAPTER 101
VOTING METHODS AND PROCEDURE
101.001 Precincts and polling places; boundaries.
101.002 Use of system by municipalities.
101.015 Standards for voting systems.
101.017 Bureau of Voting Systems Certification.
101.021 Elector to vote the primary ballot of the
political party in which he or she is
registered.
101.031 Instructions for electors.
101.041 Secret voting.
101.043 Identification required at polls.
101.045 Electors must be registered in precinct;
provisions for change of residence or
name.
101.048
101.049
101.051
101.111
101.131
101.151
101.161
101.171
101.20
101.21
101.23
101.24
101.2512
101.2515
101.252
101.254
101.292
101.293
101.294
101.295
101.34
101.341
101.43
101.49
101.51
101.545
101.5601
101.5602
101.5603
101.5604
101.56042
Provisional ballots.
Provisional ballots; special circum
stances.
Electors seeking assistance in casting
ballots; oath to be executed; forms to
be furnished.
Voter challenges.
Watchers at polls.
Specifications for ballots.
Referenda; ballots.
Copy of constitutional amendment to be
available at voting locations.
Publication of ballot form; sample ballots.
Official ballots; number; printing; pay
ment.
Election inspector to keep list of those
voting.
Ballot boxes and ballots.
Candidates’ names on general election
ballots.
Translation of ballot language.
Candidates entitled to have names printed
on certain ballots; exception.
When nominated names to appear in
groups or districts.
Definitions; ss. 101.292-101.295.
Competitive sealed bids and proposals
required.
Purchase and sale of voting equipment.
Penalties for violation.
Custody of voting system.
Prohibited activities by voting system
custodians and deputy custodians.
Substitute ballot.
Procedure of election officers where sig
natures differ.
Electors to occupy booth alone.
Retention and destruction of certain elec
tion materials.
Short title.
Purpose.
Definitions relating to Electronic Voting
Systems Act.
Adoption of system; procurement of
equipment; commercial tabulations.
Punch card type systems prohibited.
42
101.657 Early voting.
101.5605
101.5606
101.56062
101.56063
101.56064
101.5607
101.56075
101.5608
101.5610
101.5611
101.5612
101.5613
101.5614
101.572
101.58
101.591
101.5911
101.595
101.6101
101.6102
101.6103
101.6104
101.6105
101.6106
101.6107
101.62
101.64
101.65
101.655
101.661
101.662
101.663
101.665
101.67
101.68
101.69
101.6921
101.6923
101.6925
101.694
101.6951
Examination and approval of equipment.
Requirements for approval of systems.
Standards for accessible voting systems.
Accessibility of voting systems and polling
places; intent; eligibility for federal fund
ing.
Application for federal funds under ch.
2002-281.
Department of State to maintain voting
system information; prepare software.
Voting methods.
Voting by electronic or electromechanical
method; procedures.
Inspection of ballot by election board.
Instructions to electors.
Testing of tabulating equipment.
Examination of equipment during voting.
Canvass of returns.
Public inspection of ballots.
Supervising and observing registration
and election processes.
Voting system audit.
Rulemaking authority for voting system
audit procedures.
Analysis and reports of voting problems.
Short title.
Mail ballot elections; limitations.
Mail ballot election procedure.
Challenge of votes.
Absentee voting.
Application of other election laws.
Department of State to adopt rules.
Request for absentee ballots.
Delivery of absentee ballots; envelopes;
form.
Instructions to absent electors.
Supervised voting by absent electors in
certain facilities.
Voting absentee ballots.
Accessibility of absentee ballots.
Electors; change of residence to another
state.
Administration of oaths; military person
nel, federal employees, and other ab
sentee registrants.
Safekeeping of mailed ballots; deadline
for receiving absentee ballots.
Canvassing of absentee ballot.
Voting in person; return of absentee
ballot.
Delivery of special absentee ballot to
certain first-time voters.
Special absentee ballot instructions for
certain first-time voters.
Canvassing special absentee ballots.
Mailing of ballots upon receipt of federal
postcard application.
State write-in ballot.
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
101.6952 Absentee ballots for absent uniformed
services and overseas voters.
101.697 Electronic transmission of election mate
rials.
101.698 Absentee voting in emergency situations.
101.71 Polling place.
101.715 Accessibility of polling places for people
having a disability.
101.731 Short title.
101.732 Definitions relating to Elections Emer
gency Act.
101.733 Election emergency; purpose; elections
emergency contingency plan.
101.74 Temporary change of polling place in case
of emergency.
101.75 Municipal elections; change of dates for
cause.
101.001 Precincts and polling places; bound
aries.—
(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. Each precinct shall be numbered and, as
nearly as practicable, composed of contiguous and
compact areas. The supervisor shall designate a polling
place at a suitable location within each precinct. The
precinct shall not be changed thereafter except with the
consent of the supervisor and a majority of the members
of the board of county commissioners. The board of
county commissioners and the supervisor may have
precinct boundaries conform to municipal boundaries in
accordance with the provisions of s. 101.002, but, in any
event, the registration books shall be maintained in such
a manner that there may be determined therefrom the
total number of electors in each municipality.
(2) When in any election there are fewer than 25
registered electors of the only political party having
candidates on the ballot at any precinct, such precinct
may be combined with other adjoining precincts upon
the recommendation of the supervisor and the approval
of the county commissioners. Notice of the combination
of precincts shall be given in the same manner as
provided in s. 101.71(2).
1(3)(a) Each supervisor of elections shall maintain a
suitable map drawn to a scale no smaller than 3 miles to
the inch and clearly delineating all major observable
features such as roads, streams, and railway lines and
showing the current geographical boundaries of each
precinct, representative district, and senatorial district,
and other type of district in the county subject to the
elections process in this code.
(b) The supervisor of elections shall notify the
Secretary of State in writing within 30 days after any
reorganization of precincts and shall furnish a copy of
the map showing the current geographical boundaries
and designation of each new precinct. However, if
precincts are composed of whole census blocks, the
supervisor may furnish, in lieu of a copy of the map, a
list, in an electronic format prescribed by the Depart
ment of State, associating each census block in the
county with its precinct.
(c) Any precinct established or altered under the
provisions of this section shall consist of areas bounded
on all sides only by:
1. Census block boundaries from the most recent
United States Census;
2. Governmental unit boundaries reported in the
most recent Boundary and Annexation Survey pub
lished by the United States Census Bureau;
3. Visible features that are readily distinguishable
upon the ground, such as streets, railroads, tracks,
streams, and lakes, and that are indicated upon current
census maps, official Department of Transportation
maps, official municipal maps, official county maps, or
a combination of such maps;
4. Boundaries of public parks, public school
grounds, or churches; or
5. Boundaries of counties, incorporated municipa
lities, or other political subdivisions that meet criteria
established by the United States Census Bureau for
block boundaries.
(d) Until July 1, 2012, a supervisor may apply for and
obtain from the Secretary of State a waiver of the
requirement in paragraph (c).
1(4) Within 10 days after there is any change in the
division, number, or boundaries of the precincts, or the
location of the polling places, the supervisor of elections
shall make in writing an accurate description of any new
or altered precincts, setting forth the boundary lines and
shall identify the location of each new or altered polling
place. A copy of the document describing such changes
shall be posted at the supervisor’s office.
History.—s. 10, ch. 3879, 1889; RS 164; s. 11, ch. 4328, 1895; GS 184; RGS
228; CGL 281; s. 2, ch. 24203, 1947; s. 6, ch. 25383, 1949; s. 2, ch. 26329, 1949; s.
2, ch. 26870, 1951; s. 4, ch. 29934, 1955; s. 3, ch. 57-166; s. 1, ch. 59-281; s. 1, ch.
67-169; s. 1, ch. 72-25; s. 3, ch. 73-155; s. 1, ch. 76-60; s. 1, ch. 76-121; s. 1, ch.
76-233; s. 4, ch. 77-175; s. 1, ch. 80-189; s. 11, ch. 80-292; s. 4, ch. 81-304; s. 26,
ch. 84-302; s. 24, ch. 94-224; s. 1390, ch. 95-147; s. 54, ch. 97-13; s. 29, ch.
2005-278; s. 24, ch. 2011-40.
1Note.—Section 24, ch. 2011-40, amended subsections (3) and (4), effective July
1, 2012, to read:
(3)(a) Each supervisor of elections shall maintain a suitable map drawn to a
scale no smaller than 3 miles to the inch and clearly delineating all major observable
features such as roads, streams, and railway lines and showing the current
geographical boundaries of each precinct, representative district, and senatorial
district, and other type of district in the county subject to the elections process in this
code.
(b) The supervisor shall provide to the department data on all precincts in the
county associated with the most recent decennial census blocks within each
precinct.
(c) The department shall maintain a searchable database that contains the
precincts and the corresponding most recent decennial census blocks within the
precincts for each county, including a historical file that allows the census blocks to
be traced through the prior decade.
(d) The supervisor of elections shall notify the Secretary of State in writing
within 10 days after any reorganization of precincts and shall furnish a copy of the
map showing the current geographical boundaries and designation of each new
precinct. However, if precincts are composed of whole census blocks, the
supervisor may furnish, in lieu of a copy of the map, a list, in an electronic format
prescribed by the Department of State, associating each census block in the county
with its precinct.
(e) Any precinct established or altered under the provisions of this section shall
consist of areas bounded on all sides only by census block boundaries from the most
recent United States Census. If the census block boundaries split or conflict with
another political boundary listed below, the boundary listed below may be used:
1. Governmental unit boundaries reported in the most recent Boundary and
Annexation Survey published by the United States Census Bureau;
2. Visible features that are readily distinguishable upon the ground, such as
streets, railroads, tracks, streams, and lakes, and that are indicated upon current
census maps, official Department of Transportation maps, official municipal maps,
official county maps, or a combination of such maps;
3. Boundaries of public parks, public school grounds, or churches; or
4. Boundaries of counties, incorporated municipalities, or other political
subdivisions that meet criteria established by the United States Census Bureau
for block boundaries.
(4)(a) Within 10 days after there is any change in the division, number, or
boundaries of the precincts, or the location of the polling places, the supervisor of
elections shall make in writing an accurate description of any new or altered
precincts, setting forth the boundary lines and shall identify the location of each new
43
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
or altered polling place. A copy of the document describing such changes shall be
posted at the supervisor’s office.
(b) Any changes in the county precinct data shall be provided to the department
within 10 days after a change.
(c) Precinct data shall include all precincts for which precinct-level election
results and voting history results are reported.
Note.—Former s. 98.23; s. 98.031.
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 county to conform to the boundaries of the
municipality, subject to the concurrence of the govern
ing body of the municipality. All binders, files, and other
equipment or materials necessary for the permanent
registration system shall be furnished by the board of
county commissioners.
(2) The supervisor of elections shall deliver the
records required for a municipal election to the muni
cipal elections boards or other appropriate elections
officials before the election and collect them after the
election. The municipality shall reimburse the county for
the actual costs incurred.
(3) Any person who is a duly registered elector
pursuant to this code and who resides within the
boundaries of a municipality is qualified to participate
in all municipal elections, the provisions of special acts
or local charters notwithstanding. Electors who are not
registered under the permanent registration system
shall not be permitted to vote.
History.—s. 4, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 10, ch. 27991, 1953; s.
2, ch. 29761, 1955; s. 1, ch. 57-136; s. 1, ch. 63-268; s. 6, ch. 65-134; s. 2, ch.
73-155; s. 5, ch. 77-175; s. 31, ch. 94-224.
Note.—Former s. 97.04; s. 98.091.
101.015 Standards for voting systems.—
(1) The Department of State shall adopt rules which
establish minimum standards for hardware and soft
ware for electronic and electromechanical voting sys
tems. Such rules shall contain standards for:
(a) Functional requirements;
(b) Performance levels;
(c) Physical and design characteristics;
(d) Documentation requirements; and
(e) Evaluation criteria.
(2) Each odd-numbered year the Department of
State shall review the rules governing standards and
certification of voting systems to determine the ade
quacy and effectiveness of such rules in assuring that
elections are fair and impartial.
(3) The Department of State shall adopt rules to
achieve and maintain the maximum degree of correct
ness, impartiality, and efficiency of the procedures of
voting, including write-in voting, and of counting,
tabulating, and recording votes by voting systems
used in this state.
(4)(a) The Department of State shall adopt rules
establishing minimum security standards for voting
systems.
(b) Each supervisor of elections shall establish
written procedures to assure accuracy and security in
his or her county, including procedures related to early
voting pursuant to s. 101.657. Such procedures shall be
reviewed in each odd-numbered year by the Depart
ment of State.
(c) Each supervisor of elections shall submit any
revisions to the security procedures to the Department
of State at least 45 days before early voting commences
pursuant to s. 101.657 in an election in which they are to
take effect.
(5)(a) The Department of State shall adopt rules
which establish standards for provisional approval of
hardware and software for innovative use of electronic
and electromechanical voting systems. Such rules shall
contain standards for:
1. Functional requirements;
2. Performance levels;
3. Physical and design characteristics;
4. Documentation requirements;
5. Evaluation criteria;
6. Audit capabilities; and
7. Consideration of prior use of a system.
(b) A voting system shall be provisionally approved
for a total of no more than 2 years, and the Department
of State has the authority to revoke such approval.
Provisional approval of a system shall not be granted by
the Department of State to supersede certification
requirements of this section.
(c)1. No provisionally approved system may be used
in any election, including any municipal election, without
the authorization of the Department of State.
2. An application for use of a provisionally approved
system shall be submitted at least 120 days prior to the
intended use by the supervisor of elections or municipal
elections official. Such application shall request author
ization for use of the system in a specific election. Each
application shall state the election, the number of
precincts, and the number of anticipated voters for
which the system is requested for use.
3. The Department of State shall authorize or deny
authorization of the use of the provisionally approved
system for the specific election and shall notify the
supervisor of elections or municipal elections official in
writing of the authorization or denial of authorization,
along with the reasons therefor, within 45 days after
receipt of the application.
(d) A contract for the use of a provisionally approved
system for a specific election may be entered into with
the approval of the Department of State. No contract for
title to a provisionally approved system may be entered
into.
(e) The use of any provisionally approved system
shall be valid for all purposes.
(6) All electronic and electromechanical voting sys
tems purchased on or after January 1, 1990, must meet
the minimum standards established under subsection
(1). All electronic and electromechanical voting systems
in use on or after July 1, 1993, must meet the minimum
standards established under subsection (1) or subsec
tion (5).
(7) The Division of Elections shall review the voting
systems certification standards and ensure that new
technologies are available for selection by boards of
county commissioners which meet the requirements for
voting systems and meet user standards. The Division
of Elections shall continuously review the voting sys
tems certification standards to ensure that new tech
nologies are appropriately certified for all elections in a
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
timely manner. The division shall also develop methods
to determine the will of the public with respect to voting
systems.
History.—s. 4, ch. 89-348; s. 16, ch. 90-315; s. 551, ch. 95-147; s. 6, ch.
2001-40; s. 10, ch. 2004-252.
101.017 Bureau of Voting Systems Certification.
There is created a Bureau of Voting Systems Certifica
tion within the Division of Elections of the Department of
State which shall provide technical support to the
supervisors of elections and which is responsible for
voting system standards and certification. The positions
necessary for the bureau to accomplish its duties shall
be established through the budgetary process.
History.—s. 16, ch. 89-348; s. 20, ch. 90-315.
Note.—Former s. 102.1691.
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, and no other.
It is unlawful for any elector to vote in a primary for any
candidate running for nomination from a party other than
that in which such elector is registered.
History.—s. 41, ch. 6469, 1913; RGS 345; CGL 402; s. 5, ch. 26870, 1951; s.
21, ch. 28156, 1953; s. 13, ch. 77-175; s. 552, ch. 95-147.
Note.—Former s. 102.40.
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 the electors
to use in voting. It shall provide not less than two cards
for each voting precinct for each election and furnish
such cards to each supervisor upon requisition. Each
supervisor of elections shall send a sufficient number of
these cards to the precincts prior to an election. The
election inspectors shall display the cards in the polling
places as information for electors. The cards shall
contain information about how to vote and such other
information as the Department of State may deem
necessary. The cards must also include the list of rights
and responsibilities afforded to Florida voters, as
described in subsection (2).
(2) The supervisor of elections in each county shall
have posted at each polling place in the county the
Voter’s Bill of Rights and Responsibilities in the follow
ing form:
VOTER’S BILL OF RIGHTS
Each registered voter in this state has the right to:
1. Vote and have his or her vote accurately counted.
2. Cast a vote if he or she is in line at the official
closing of the polls in that county.
3. Ask for and receive assistance in voting.
4. Receive up to two replacement ballots if he or she
makes a mistake prior to the ballot being cast.
5. An explanation if his or her registration or identity
is in question.
6. If his or her registration or identity is in question,
cast a provisional ballot.
7. Written instructions to use when voting, and,
upon request, oral instructions in voting from elections
officers.
8. Vote free from coercion or intimidation by elec
tions officers or any other person.
9. Vote on a voting system that is in working
condition and that will allow votes to be accurately cast.
VOTER RESPONSIBILITIES
Each registered voter in this state should:
1. Familiarize himself or herself with the candidates
and issues.
2. Maintain with the office of the supervisor of
elections a current address.
3. Know the location of his or her polling place and
its hours of operation.
4. Bring proper identification to the polling station.
5. Familiarize himself or herself with the operation of
the voting equipment in his or her precinct.
6. Treat precinct workers with courtesy.
7. Respect the privacy of other voters.
8. Report any problems or violations of election laws
to the supervisor of elections.
9. Ask questions, if needed.
10. Make sure that his or her completed ballot is
correct before leaving the polling station.
NOTE TO VOTER: Failure to perform any of these
responsibilities does not prohibit a voter from voting.
(3) Nothing in this section shall give rise to a legal
cause of action.
(4) In case any elector, after entering the voting
booth, shall ask for further instructions concerning the
manner of voting, two election officers who are not both
members of the same political party, if present, or, if not,
two election officers who are members of the same
political party, shall give such instructions to such
elector, but no officer or person assisting an elector
shall in any manner request, suggest, or seek to
persuade or induce any elector to vote for or against
any particular ticket, candidate, amendment, question,
or proposition. After giving the elector instructions and
before the elector has voted, the officers or persons
assisting the elector shall retire, and such elector shall
vote in secret.
History.—s. 40, ch. 4328, 1895; s. 12, ch. 4537, 1897; GS 225; RGS 270; CGL
326; s. 1, ch. 25106, 1949; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 25, ch.
77-104; s. 13, ch. 77-175; s. 31, ch. 79-400; s. 60, ch. 2001-40; s. 5, ch. 2002-17; s.
22, ch. 2005-277.
Note.—Former s. 99.24.
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, the
voting shall be by secret, official ballot as provided by
this code, and no vote shall be received or counted in
any election, except as prescribed by this code.
History.—s. 24, ch. 3879, 1889; RS 178; s. 28, ch. 4328, 1895; GS 210; RGS
254; CGL 310; s. 3, ch. 17898, 1937; s. 5, ch. 26870, 1951; s. 13, ch. 77-175; s. 15,
ch. 2008-95.
Note.—Former s. 99.08.
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
45
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
identifying the elector at the polls before allowing him or (2)(a) An elector who moves from the precinct in
her to vote. The clerk or inspector shall require each
which the elector is registered may be permitted to vote
elector, upon entering the polling place, to present one
in the precinct to which he or she has moved his or her
of the following current and valid picture identifications:
legal residence, if the change of residence is within the
1. Florida driver’s license.
same county and the elector completes an affirmation in
2. Florida identification card issued by the Depart-substantially the following form:
ment of Highway Safety and Motor Vehicles.
3. United States passport. Change of Legal Residence of Registered
Voter4. Debit or credit card.
5. Military identification. Under penalties for false swearing, I, (Name of voter) ,6. Student identification. swear (or affirm) that the former address of my legal 7. Retirement center identification. residence was (Address of legal residence) in the municipality 8. Neighborhood association identification. of
__, in __ County, Florida, and I was registered to 9. Public assistance identification. vote in the __ precinct of __ County, Florida; that I (b) If the picture identification does not contain the have not voted in the precinct of my former registration signature of the elector, an additional identification that in this election; that I now reside at (Address of legalprovides the elector’s signature shall be required. The
residence) in the Municipality of __, in __ County,address appearing on the identification presented by Florida, and am therefore eligible to vote in the
__the elector may not be used as the basis to confirm an precinct of
__ County, Florida; and I further swear (or elector’s legal residence or otherwise challenge an
affirm) that I am otherwise legally registered and entitled elector’s legal residence. The elector shall sign his or
to vote. her name in the space provided on the precinct register
(Signature of voter whose address of legal residence has changed)
or on an electronic device provided for recording the
(b) Except for an active uniformed services voter or a elector’s signature. The clerk or inspector shall compare
the signature with that on the identification provided by member of his or her family, an elector whose change of
the elector and enter his or her initials in the space address is from outside the county may not change his
provided on the precinct register or on an electronic or her legal residence at the polling place and vote a
device provided for that purpose and allow the elector to regular ballot; however, such elector is entitled to vote a
vote if the clerk or inspector is satisfied as to the identity provisional ballot.
of the elector. (c) An elector whose name changes because of
(c) When an elector presents his or her picture marriage or other legal process may be permitted to
identification to the clerk or inspector and the elector’s vote, provided such elector completes an affirmation in
address on the picture identification matches the substantially the following form:
elector’s address in the supervisor’s records, the elector
Change of Name of Registered may not be asked to provide additional information or to
Voterrecite his or her home address.
(2) If the elector fails to furnish the required identi-Under penalties for false swearing, I, (New name of voter) ,fication, the elector shall be allowed to vote a provisional swear (or affirm) that my name has been changedballot. The canvassing board shall determine the validity because of marriage or other legal process. My former of the ballot pursuant to s. 101.048(2). name and address of legal residence appear on the History.—s. 1, ch. 77-267; s. 533, ch. 95-147; s. 10, ch. 98-129; s. 3, ch.
2001-40; s. 13, ch. 2003-415; s. 23, ch. 2005-277; s. 30, ch. 2005-278; s. 26, ch.
registration records of precinct
__ as follows:
2007-30; s. 25, ch. 2011-40.
Note.—Former s. 98.471. Name_______________________________________
Address _____________________________________
101.045 Electors must be registered in precinct; Municipality __________________________________
provisions for change of residence or name.— County ______________________________________
(1) A person is not permitted to vote in any election Florida, Zip __________________________________
precinct or district other than the one in which the
My present name and address of legal residence are as
person has his or her legal residence and in which the
follows:
person is registered. However, a person temporarily Name_______________________________________
residing outside the county shall be registered in the Address _____________________________________
precinct in which the main office of the supervisor, as Municipality __________________________________
designated by the supervisor, is located when the County ______________________________________
person has no permanent address in the county and Florida, Zip __________________________________
it is the person’s intention to remain a resident of Florida and I further swear (or affirm) that I am otherwise legally and of the county in which he or she is registered to registered and entitled to vote. vote. Such persons who are registered in the precinct in
which the main office of the supervisor, as designated (Signature of voter whose name has changed)
by the supervisor, is located and who are residing
outside the county with no permanent address in the (d) Instead of the affirmation contained in paragraph
county shall not be registered electors of a municipality (a) or paragraph (c), an elector may complete a voter
and therefore shall not be permitted to vote in any registration application that indicates the change of
municipal election.
name or change of address of legal residence.
46
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
(e) Such affirmation or application, when completed
and presented at the precinct in which such elector is
entitled to vote, and upon verification of the elector’s
registration, shall entitle such elector to vote as provided
in this subsection. If the elector’s eligibility to vote
cannot be determined, he or she shall be entitled to vote
a provisional ballot, subject to the requirements and
procedures in s. 101.048. Upon receipt of an affirmation
or application certifying a change in address of legal
residence or name, the supervisor shall as soon as
practicable make the necessary changes in the state
wide voter registration system to indicate the change in
address of legal residence or name of such elector.
History.—s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 192; RGS
236; CGL 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s.
4, ch. 28156, 1953; s. 7, ch. 65-60; s. 1, ch. 71-307; s. 3, ch. 77-175; s. 6, ch. 78-403;
s. 4, ch. 80-292; s. 5, ch. 89-338; s. 20, ch. 94-224; s. 1391, ch. 95-147; s. 36, ch.
2001-40; s. 31, ch. 2005-278; s. 16, ch. 2008-95; s. 26, ch. 2011-40.
Note.—Former s. 98.32; s. 97.091.
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 eligibility cannot be deter
mined, a person whom an election official asserts is not
eligible, and other persons specified in the code shall be
entitled to vote a provisional ballot. Once voted, the
provisional ballot shall be placed in a secrecy envelope
and thereafter sealed in a provisional ballot envelope.
The provisional ballot shall be deposited in a ballot box.
All provisional ballots shall remain sealed in their
envelopes for return to the supervisor of elections.
The department shall prescribe the form of the provi
sional ballot envelope. A person casting a provisional
ballot shall have the right to present written evidence
supporting his or her eligibility to vote to the supervisor
of elections by not later than 5 p.m. on the second day
following the election.
(2)(a) The county canvassing board shall examine
each Provisional Ballot Voter’s Certificate and Affirma
tion to determine if the person voting that ballot was
entitled to vote at the precinct where the person cast a
vote in the election and that the person had not already
cast a ballot in the election. In determining whether a
person casting a provisional ballot is entitled to vote, the
county canvassing board shall review the information
provided in the Voter’s Certificate and Affirmation,
written evidence provided by the person pursuant to
subsection (1), any other evidence presented by the
supervisor of elections, and, in the case of a challenge,
any evidence presented by the challenger. A ballot of a
person casting a provisional ballot shall be counted
unless the canvassing board determines by a prepon
derance of the evidence that the person was not entitled
to vote.
(b)1. If it is determined that the person was regis
tered and entitled to vote at the precinct where the
person cast a vote in the election, the canvassing board
shall compare the signature on the Provisional Ballot
Voter’s Certificate and Affirmation with the signature on
the voter’s registration and, if it matches, shall count the
ballot.
2. If it is determined that the person voting the
provisional ballot was not registered or entitled to vote at
the precinct where the person cast a vote in the election,
47
the provisional ballot shall not be counted and the ballot
shall remain in the envelope containing the Provisional
Ballot Voter’s Certificate and Affirmation and the
envelope shall be marked “Rejected as Illegal.”
(3) The Provisional Ballot Voter’s Certificate and
Affirmation shall be in substantially the following form:
STATE OF FLORIDA
COUNTY OF
__
I do solemnly swear (or affirm) that my name is __;
that my date of birth is __; that I am registered and
qualified to vote in __ County, Florida; that I am
registered in the
__ Party; that I am a qualified voter of
the county; and that I have not voted in this election. I
understand that if I commit any fraud in connection with
voting, vote a fraudulent ballot, or vote more than once
in an election, I can be convicted of a felony of the third
degree and fined up to $5,000 and/or imprisoned for up
to 5 years.
(Signature of Voter)
(Current Residence Address)
(Current Mailing Address)
(City, State, Zip Code)
(Driver’s License Number or Last Four Digits of Social Security Number)
Sworn to and subscribed before me this __ day of
____, (year) .
(Election Official)
Precinct # __ Ballot Style/Party Issued: __
(4) Notwithstanding the requirements of subsections
(1), (2), and (3), the supervisor of elections may, and for
persons with disabilities shall, provide the appropriate
provisional ballot to the voter by electronic means that
meet the requirements of s. 101.56062, as provided for
by the certified voting system. Each person casting a
provisional ballot by electronic means shall, prior to
casting his or her ballot, complete the Provisional Ballot
Voter’s Certificate and Affirmation as provided in sub
section (3).
(5) Each person casting a provisional ballot shall be
given written instructions regarding the person’s right to
provide the supervisor of elections with written evidence
of his or her eligibility to vote and regarding the free
access system established pursuant to subsection (6).
The instructions shall contain information on how to
access the system and the information the voter will
need to provide to obtain information on his or her
particular ballot. The instructions shall also include the
following statement: “If this is a primary election, you
should contact the supervisor of elections’ office im
mediately to confirm that you are registered and can
vote in the general election.”
(6) Each supervisor of elections shall establish a
free access system that allows each person who casts a
provisional ballot to determine whether his or her
provisional ballot was counted in the final canvass of
votes and, if not, the reasons why. Information regard
ing provisional ballots shall be available no later than 30
days following the election. The system established
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
must restrict information regarding an individual ballot to
the person who cast the ballot.
History.—s. 35, ch. 2001-40; s. 6, ch. 2002-17; s. 15, ch. 2003-415; s. 24, ch.
2005-277; s. 32, ch. 2005-278; s. 27, ch. 2007-30.
101.049 Provisional ballots; special circum
stances.—
(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 vote a
provisional ballot. Once voted, the provisional ballot
shall be placed in a secrecy envelope and thereafter
sealed in a provisional ballot envelope. The election
official witnessing the voter’s subscription and affirma
tion on the Provisional Ballot Voter’s Certificate shall
indicate whether or not the voter met all requirements to
vote a regular ballot at the polls. All such provisional
ballots shall remain sealed in their envelopes and be
transmitted to the supervisor of elections.
(2) Separate and apart from all other ballots, the
county canvassing board shall count all late-voted
provisional ballots that the canvassing board deter
mines to be valid.
(3) The supervisor shall ensure that late-voted
provisional ballots are not commingled with other ballots
during the canvassing process or at any other time they
are statutorily required to be in the supervisor’s posses
sion.
(4) This section shall not apply to voters in line at the
poll-closing time provided in s. 100.011 who cast their
ballots subsequent to that time.
(5) As an alternative, provisional ballots cast pur
suant to this section may, and for persons with
disabilities shall, be cast in accordance with the provi
sions of s. 101.048(4).
History.—s. 16, ch. 2003-415; s. 3, ch. 2004-5; s. 25, ch. 2005-277.
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 request the
assistance of two election officials or some other person
of the elector’s own choice, other than the elector’s
employer, an agent of the employer, or an officer or
agent of his or her union, to assist the elector in casting
his or her vote. Any such elector, before retiring to the
voting booth, may have one of such persons read over
to him or her, without suggestion or interference, the
titles of the offices to be filled and the candidates
therefor and the issues on the ballot. After the elector
requests the aid of the two election officials or the
person of the elector’s choice, they shall retire to the
voting booth for the purpose of casting the elector’s vote
according to the elector’s choice.
(2) It is unlawful for any person to be in the voting
booth with any elector except as provided in subsection
(1). A person at a polling place or early voting site, or
within 100 feet of the entrance of a polling place or early
voting site, may not solicit any elector in an effort to
provide assistance to vote pursuant to subsection (1).
Any person who violates this subsection commits a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083.
(3) Any elector applying to cast an absentee ballot in
the office of the supervisor, in any election, who requires
assistance to vote by reason of blindness, disability, or
inability to read or write may request the assistance of
some person of his or her own choice, other than the
elector’s employer, an agent of the employer, or an
officer or agent of his or her union, in casting his or her
absentee ballot.
(4) If an elector needs assistance in voting pursuant
to the provisions of this section, the clerk or one of the
inspectors shall require the elector requesting assis
tance in voting to take the following oath:
DECLARATION TO SECURE ASSISTANCE
State of Florida
County of
__
Date __
Precinct __
I, (Print name) , swear or affirm that I am a registered
elector and request assistance from (Print names) in
voting at the (name of election) held on (date of election) .
(Signature of voter)
Sworn and subscribed to before me this __ day of
__, (year) .
(Signature of Official Administering Oath)
(5) If an elector needing assistance requests that a
person other than an election official provide him or her
with assistance in voting, the clerk or one of the
inspectors shall require the person providing assistance
to take the following oath:
DECLARATION TO PROVIDE ASSISTANCE
State of Florida
County of
__
Date __
Precinct __
I, (Print name) , have been requested by (print name of
elector needing assistance)
to provide him or her with assis
tance to vote. I swear or affirm that I am not the
employer, an agent of the employer, or an officer or
agent of the union of the voter and that I have not
solicited this voter at the polling place or early voting site
or within 100 feet of such locations in an effort to provide
assistance.
(Signature of assistor)
Sworn and subscribed to before me this __ day of
__, (year) .
(Signature of Official Administering Oath)
(6) The supervisor of elections shall deliver a
sufficient number of these forms to each precinct,
along with other election paraphernalia.
History.—s. 3, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 2, ch. 59-446; s. 2, ch.
65-60; s. 1, ch. 65-380; s. 13, ch. 77-175; s. 2, ch. 79-366; s. 31, ch. 84-302; s. 12,
ch. 85-226; s. 553, ch. 95-147; s. 8, ch. 99-6; s. 10, ch. 2002-281; s. 26, ch.
2005-277; s. 9, ch. 2006-1.
Note.—Former s. 100.36.
48
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____________________________________________
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
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 in writing and contain the
following oath, which shall be delivered to the clerk or
inspector:
OATH OF PERSON ENTERING CHALLENGE
State of Florida
County of
__
I do solemnlyswear or affirm that my name is __; that I
am a member of the
__ Party; that I am a registered
voter or pollwatcher; that my residence address is __,
in the municipality of
__; and that I have reason to
believe that __ is attempting to vote illegally and the
reasons for my belief are set forth herein to wit: ____
(Signature of person challenging voter)
Sworn and subscribed to before me this __ day of
__, (year) .
(Clerk of election)
(b)1. The clerk or inspector shall immediately deliver
to the challenged person a copy of the oath of the
person entering the challenge, and the challenged voter
shall be allowed to cast a provisional ballot in accor
dance with s. 101.048, except as provided in subpar
agraph 2.
2. If the basis for the challenge is that the person’s
legal residence is not in that precinct, the person shall
first be given the opportunity to execute a change of
legal residence in order to be able to vote a regular
ballot in accordance with s. 101.045(2). If the change of
legal residence is such that the person is then properly
registered for that precinct, the person shall be allowed
to vote a regular ballot. If the change of legal residence
places the person in another precinct, the person shall
be directed to the proper precinct to vote. If such person
insists that he or she is currently in the proper precinct,
the person shall be allowed to vote a provisional ballot in
accordance with s. 101.048.
(c) Alternatively, a challenge in accordance with this
section may be filed in advance with the supervisor of
elections no sooner than 30 days before an election.
The supervisor shall promptly provide the election board
in the challenged voter’s precinct with a copy of the oath
of the person entering the challenge. The challenged
voter shall be allowed to cast a provisional ballot in
accordance with s. 101.048, subject to the provisions of
subparagraph (b)2.
(2) Any elector or poll watcher filing a frivolous
challenge of any person’s right to vote commits a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083; however, electors or
poll watchers shall not be subject to liability for any
action taken in good faith and in furtherance of any
activity or duty permitted of such electors or poll
watchers by law. Each instance where any elector or
poll watcher files a frivolous challenge of any person’s
right to vote constitutes a separate offense.
History.—s. 43, ch. 4328, 1895; GS 227; s. 43, ch. 6469, 1913; RGS 272, 347;
CGL 328, 404; s. 5, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 23, ch. 28156, 1953;
s. 4, ch. 65-380; s. 13, ch. 77-175; s. 554, ch. 95-147; s. 9, ch. 99-6; s. 17, ch.
2003-415; s. 27, ch. 2005-277; s. 10, ch. 2006-1; s. 17, ch. 2008-95; s. 4, ch.
2010-167.
Note.—Former ss. 99.26, 102.42.
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. A political
committee formed for the specific purpose of expressly
advocating the passage or defeat of an issue on the
ballot may have one watcher for each polling room or
early voting area at any one time during the election. No
watcher shall be permitted to come closer to the
officials’ table or the voting booths than is reasonably
necessary to properly perform his or her functions, but
each shall be allowed within the polling room or early
voting area to watch and observe the conduct of
electors and officials. The poll watchers shall furnish
their own materials and necessities and shall not
obstruct the orderly conduct of any election. The poll
watchers shall pose any questions regarding polling
place procedures directly to the clerk for resolution.
They may not interact with voters. Each poll watcher
shall be a qualified and registered elector of the county
in which he or she serves.
(2) Each party, each political committee, and each
candidate requesting to have poll watchers shall
designate, in writing to the supervisors of elections,
on a form prescribed by the division, before noon of the
second Tuesday preceding the election poll watchers
for each polling room on election day. Designations of
poll watchers for early voting areas shall be submitted in
writing to the supervisor of elections, on a form
prescribed by the division, before noon at least 14
days before early voting begins. The poll watchers for
polling rooms shall be approved by the supervisor of
elections on or before the Tuesday before the election.
Poll watchers for early voting areas shall be approved
by the supervisor of elections no later than 7 days
before early voting begins. The supervisor shall furnish
to each election board a list of the poll watchers
designated and approved for such polling rooms or
early voting areas. Designation of poll watchers shall be
made by the chair of the county executive committee of
a political party, the chair of a political committee, or the
candidate requesting to have poll watchers.
(3) No candidate or sheriff, deputy sheriff, police
officer, or other law enforcement officer may be
designated as a poll watcher.
(4) All poll watchers shall be allowed to enter and
watch polls in all polling rooms and early voting areas
within the county in which they have been designated if
the number of poll watchers at any particular polling
place does not exceed the number provided in this
section.
(5) The supervisor of elections shall provide to each
designated poll watcher, no later than 7 days before
early voting begins, a poll watcher identification badge
that identifies the poll watcher by name. Each poll
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
watcher must wear his or her identification badge while
in the polling room or early voting area.
History.—s. 3-D, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 29934, 1955;
s. 6, ch. 65-380; s. 13, ch. 77-175; s. 3, ch. 87-184; s. 14, ch. 87-363; s. 18, ch.
89-338; s. 555, ch. 95-147; s. 61, ch. 2001-40; s. 28, ch. 2005-277; s. 27, ch.
2011-40.
Note.—Former s. 100.45.
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 the
voting system that will be used to tabulate the ballots.
(b) Early voting sites may employ a ballot-on-de
mand production system to print individual marksense
ballots, including provisional ballots, for eligible electors
pursuant to s. 101.657. Ballot-on-demand technology
may be used to produce marksense absentee and
election-day ballots.
(2)(a) The ballot shall have the following office titles
under which shall appear the names of the candidates
for the respective offices in the following order:
1. The office titles of President and Vice President
and thereunder the names of the candidates for
President and Vice President of the United States
nominated by the political party that received the highest
vote for Governor in the last general election of the
Governor in this state. Then shall appear the names of
other candidates for President and Vice President of the
United States who have been properly nominated.
2. The office titles of United States Senator and
Representative in Congress.
3. The office titles of Governor and Lieutenant
Governor; Attorney General; Chief Financial Officer;
Commissioner of Agriculture; State Attorney, with the
applicable judicial circuit; and Public Defender, with the
applicable judicial circuit.
4. The office titles of State Senator and State
Representative, with the applicable district for the office
printed beneath.
5. The office titles of Clerk of the Circuit Court, or
Clerk of the Circuit Court and Comptroller (whichever is
applicable and when authorized by law), Clerk of the
County Court (when authorized by law), Sheriff, Prop
erty Appraiser, Tax Collector, District Superintendent of
Schools, and Supervisor of Elections.
6. The office titles of Board of County Commis
sioners, with the applicable district printed beneath each
office, and such other county and district offices as are
involved in the election, in the order fixed by the
Department of State, followed, in the year of their
election, by “Party Offices,” and thereunder the offices
of state and county party executive committee mem
bers.
(b) In a general election, in addition to the names
printed on the ballot, a blank space shall be provided
under each office for which a write-in candidate has
qualified. With respect to write-in candidates, if two or
more candidates are seeking election to one office, only
one blank space shall be provided.
(c) When more than one candidate is nominated for
office, the candidates for such office shall qualify and
run in a group or district, and the group or district
number shall be printed beneath the name of the office.
Each nominee of a political party chosen in a primary
shall appear on the general election ballot in the same
numbered group or district as on the primary election
ballot.
(d) If in any election all the offices as set forth in
paragraph (a) are not involved, those offices not to be
filled shall be omitted and the remaining offices shall be
arranged on the ballot in the order named.
(3)(a) The names of the candidates of the party that
received the highest number of votes for Governor in the
last election in which a Governor was elected shall be
placed first for each office on the general election ballot,
together with an appropriate abbreviation of the party
name; the names of the candidates of the party that
received the second highest vote for Governor shall be
placed second for each office, together with an appro
priate abbreviation of the party name.
(b) Minor political party candidates shall have their
names appear on the general election ballot following
the names of recognized political parties, in the same
order as they were qualified, followed by the names of
candidates with no party affiliation, in the order as they
were qualified.
(4)(a) The names of candidates for each office shall
be arranged alphabetically as to surnames on a primary
election ballot.
(b) When two or more candidates running for the
same office on a primary election ballot have the same
or a similar surname, the word “incumbent” shall appear
next to the incumbent’s name.
(5) The primary election ballot shall be arranged so
that the offices of Governor and Lieutenant Governor
are joined in a single voting space to allow each elector
to cast a single vote for the joint candidacies for
Governor and Lieutenant Governor, if applicable.
(6) The general election ballot shall be arranged so
that the offices of President and Vice President are
joined in a single voting space to allow each elector to
cast a single vote for the joint candidacies for President
and Vice President and so that the offices of Governor
and Lieutenant Governor are joined in a single voting
space to allow each elector to cast a single vote for the
joint candidacies for Governor and Lieutenant Gover
nor.
(7) Except for justices or judges seeking retention,
the names of unopposed candidates shall not appear on
the general election ballot. Each unopposed candidate
shall be deemed to have voted for himself or herself.
(8)(a) The Department of State shall adopt rules
prescribing a uniform primary and general election ballot
for each certified voting system. The rules shall
incorporate the requirements set forth in this section
and shall prescribe additional matters and forms that
include, without limitation:
1. Clear and unambiguous ballot instructions and
directions;
2. Individual race layout; and
3. Overall ballot layout.
(b) The department rules shall graphically depict a
sample uniform primary and general election ballot form
for each certified voting system.
History.—s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL
320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 3, ch.
29937, 1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 8, ch. 65-380; s. 1, ch. 65-52; s. 2,
ch. 65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281;
s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 33, ch.
50
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
79-400; s. 6, ch. 81-105; s. 11, ch. 81-304; s. 9, ch. 82-143; s. 20, ch. 89-338; s. 556,
ch. 95-147; s. 14, ch. 99-318; s. 11, ch. 99-326; s. 14, ch. 99-355; s. 7, ch. 2001-40;
s. 7, ch. 2002-17; s. 29, ch. 2005-277; s. 5, ch. 2007-30; s. 28, ch. 2011-40.
Note.—Former ss. 99.18, 99.171.
1101.161 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
measure shall be printed in clear and unambiguous
language on the ballot after the list of candidates,
followed by the word “yes” and also by the word “no,”
and shall be styled in such a manner that a “yes” vote
will indicate approval of the proposal and a “no” vote will
indicate rejection. The ballot summary of the amend
ment or other public measure and the ballot title to
appear on the ballot shall be embodied in the constitu
tional revision commission proposal, constitutional con
vention proposal, taxation and budget reform commis
sion proposal, or enabling resolution or ordinance. The
ballot summary of the amendment or other public
measure shall be an explanatory statement, not ex
ceeding 75 words in length, of the chief purpose of the
measure. In addition, for every amendment proposed by
initiative, the ballot shall include, following the ballot
summary, a separate financial impact statement con
cerning the measure prepared by the Financial Impact
Estimating Conference in accordance with s.
100.371(5). The ballot title shall consist of a caption,
not exceeding 15 words in length, by which the measure
is commonly referred to or spoken of. This subsection
does not apply to constitutional amendments or revi
sions proposed by joint resolution.
(2) The ballot summary and ballot title of a constitu
tional amendment proposed by initiative shall be pre
pared by the sponsor and approved by the Secretary of
State in accordance with rules adopted pursuant to s.
120.54. The Department of State shall give each
proposed constitutional amendment a designating num
ber for convenient reference. This number designation
shall appear on the ballot. Designating numbers shall be
assigned in the order of filing or certification and in
accordance with rules adopted by the Department of
State. The Department of State shall furnish the
designating number, the ballot title, and, unless other
wise specified in a joint resolution, the ballot summary of
each amendment to the supervisor of elections of each
county in which such amendment is to be voted on.
(3)(a) Each joint resolution that proposes a constitu
tional amendment or revision shall include one or more
ballot statements set forth in order of priority. Each ballot
statement shall consist of a ballot title, by which the
measure is commonly referred to or spoken of, not
exceeding 15 words in length, and either a ballot
summary that describes the chief purpose of the
amendment or revision in clear and unambiguous
language, or the full text of the amendment or revision.
The Department of State shall furnish a designating
number pursuant to subsection (2) and the appropriate
ballot statement to the supervisor of elections of each
county. The ballot statement shall be printed on the
ballot after the list of candidates, followed by the word
“yes” and also by the word “no,” and shall be styled in
such a manner that a “yes” vote will indicate approval of
the amendment or revision and a “no” vote will indicate
rejection.
(b)1. Any action for a judicial determination that one
or more ballot statements embodied in a joint resolution
are defective must be commenced by filing a complaint
or petition with the appropriate court within 30 days after
the joint resolution is filed with the Secretary of State.
The complaint or petition shall assert all grounds for
challenge to each ballot statement. Any ground not
asserted within 30 days after the joint resolution is filed
with the Secretary of State is waived.
2. The court, including any appellate court, shall
accord an action described in subparagraph 1. priority
over other pending cases and render a decision as
expeditiously as possible. If the court finds that all ballot
statements embodied in a joint resolution are defective
and further appeals are declined, abandoned, or
exhausted, unless otherwise provided in the joint
resolution, the Attorney General shall, within 10 days,
prepare and submit to the Department of State a revised
ballot title or ballot summary that corrects the deficien
cies identified by the court, and the Department of State
shall furnish a designating number and the revised
ballot title or ballot summary to the supervisor of
elections of each county for placement on the ballot.
The court shall retain jurisdiction over challenges to a
revised ballot title or ballot summary prepared by the
Attorney General, and any challenge to a revised ballot
title or ballot summary must be filed within 10 days after
a revised ballot title or ballot summary is submitted to
the Department of State.
3. A ballot statement that consists of the full text of
an amendment or revision shall be presumed to be a
clear and unambiguous statement of the substance and
effect of the amendment or revision, providing fair notice
to the electors of the content of the amendment or
revision and sufficiently advising electors of the issue
upon which they are to vote.
(4)(a) For any general election in which the Secre
tary of State, for any circuit, or the supervisor of
elections, for any county, has certified the ballot position
for an initiative to change the method of selection of
judges, the ballot for any circuit must contain the
statement in paragraph (b) or paragraph (c) and the
ballot for any county must contain the statement in
paragraph (d) or paragraph (e).
(b) In any circuit where the initiative is to change the
selection of circuit court judges to selection by merit
selection and retention, the ballot shall state: “Shall the
method of selecting circuit court judges in the (number of
the circuit) judicial circuit be changed from election by a
vote of the people to selection by the judicial nominating
commission and appointment by the Governor with
subsequent terms determined by a retention vote of the
people?” This statement must be followed by the word
“yes” and also by the word “no.”
(c) In any circuit where the initiative is to change the
selection of circuit court judges to election by the voters,
the ballot shall state: “Shall the method of selecting
circuit court judges in the (number of the circuit) judicial
circuit be changed from selection by the judicial
nominating commission and appointment by the Gov
ernor with subsequent terms determined by a retention
51
Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
vote of the people to election by a vote of the people?”
This statement must be followed by the word “yes” and
also by the word “no.”
(d) In any county where the initiative is to change the
selection of county court judges to merit selection and
retention, the ballot shall state: “Shall the method of
selecting county court judges in (name of county) be
changed from election by a vote of the people to
selection by the judicial nominating commission and
appointment by the Governor with subsequent terms
determined by a retention vote of the people?” This
statement must be followed by the word “yes” and also
by the word “no.”
(e) In any county where the initiative is to change the
selection of county court judges to election by the
voters, the ballot shall state: “Shall the method of
selecting county court judges in (name of the county) be
changed from selection by the judicial nominating
commission and appointment by the Governor with
subsequent terms determined by a retention vote of the
people to election by a vote of the people?” This
statement must be followed by the word “yes” and
also by the word “no.”
History.—s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-11, ch.
16180, 1933; s. 1, ch. 16877, 1935; s. 4, ch. 17898, 1937; s. 1, ch. 22626, 1945; s. 5,
ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch.
79-365; s. 2, ch. 80-305; s. 32, ch. 84-302; s. 11, ch. 90-203; s. 10, ch. 99-355; s. 1,
ch. 2000-361; s. 4, ch. 2001-75; s. 5, ch. 2002-390; s. 5, ch. 2004-33; s. 11, ch.
2005-2; s. 33, ch. 2005-278; s. 29, ch. 2011-40.
1Note.—Section 30, ch. 2011-40, provides that “[t]he amendment of section
101.161, Florida Statutes, made by this act applies retroactively to all joint
resolutions adopted by the Legislature during the 2011 Regular Session, except
that any legal action challenging a ballot title or ballot summary embodied in such
joint resolution or challenging placement on the ballot of the full text of the proposed
amendment or revision to the State Constitution as specified in such joint resolution
must be commenced within 30 days after the effective date of this act or within 30
days after the joint resolution to which a challenge relates is filed with the Secretary
of State, whichever occurs later.”
Note.—Former s. 99.16.
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 to each supervisor of elections
a sufficient number of copies of the amendment either in
poster or booklet form, and the supervisor shall have a
copy thereof conspicuously posted or available at each
polling room or early voting area upon the day of
election.
History.—s. 1, ch. 5405, 1905; RGS 263; CGL 319; s. 5, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 13, ch. 77-175; s. 30, ch. 2005-277.
Note.—Former s. 99.17.
101.20 Publication of ballot form; sample bal
lots.—
(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 be in the form of
the official ballot as it will appear at that polling place on
election day. Sample ballots shall be open to inspection
by all electors in any election, and a sufficient number of
reduced-size ballots may be furnished to election
officials so that one may be given to any elector desiring
same.
(2) Upon completion of the list of qualified candi
dates, a sample ballot shall be published by the
supervisor of elections in a newspaper of general
circulation in the county, prior to the day of election. If
the county has an addressograph or equivalent system
for mailing to registered electors, a sample ballot may
be mailed to each registered elector or to each house
hold in which there is a registered elector, in lieu of
publication, at least 7 days prior to any election.
History.—s. 5, ch. 26870, 1951; s. 8, ch. 57-166; s. 9, ch. 65-380; s. 1, ch.
75-174; s. 16, ch. 77-175.
101.21 Official ballots; number; printing; pay-
ment.—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
instruction shall, in a municipal election, be paid for by
the municipality, and in all other elections by the county.
History.—ss. 29, 37, ch. 4328, 1895; s. 11, ch. 4537, 1897; GS 211, 222; RGS
255, 267; CGL 311, 323; s. 7, ch. 17898, 1937; s. 2, ch. 24088, 1947; s. 7, ch. 25384,
1949; s. 5, ch. 26870, 1951; s. 10, ch. 65-380; s. 1, ch. 69-281; s. 20, ch. 71-355; s.
16, ch. 77-175; s. 34, ch. 79-400; s. 1, ch. 80-292; s. 48, ch. 81-259; s. 8, ch.
2001-40.
Note.—Former ss. 99.09, 99.21.
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 indicated upon the
registration books or voter history form provided by
the supervisor. One of the inspectors shall, at the same
time, keep a poll list containing names of electors who
have voted or a list of registered electors, on which
those electors who have voted are indicated. Such lists
shall be available for inspection during regular voting
hours by poll watchers designated and appointed
pursuant to s. 101.131, except that the election
inspector may regulate access to the lists so as to
ensure that such inspection does not unreasonably
interfere with the orderly operation of the polling place.
History.—s. 58, ch. 4328, 1895; GS 236; RGS 281; CGL 337; s. 5, ch. 26870,
1951; s. 24, ch. 28156, 1953; s. 11, ch. 65-380; s. 16, ch. 77-175; s. 559, ch. 95-147;
s. 18, ch. 2008-95.
Note.—Former s. 99.37.
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, and the ballot box shall be plainly
marked with the name of the precinct for which it is
intended. An additional ballot box, if necessary, may be
supplied to any precinct. Before each election, the
supervisor shall place in the ballot box or ballot transfer
container as many ballots as are required in s. 101.21.
After securely sealing the ballot box or ballot transfer
container, the supervisor shall send the ballot box or
ballot transfer container to the clerk or inspector of
election of the precinct in which it is to be used. The
clerk or inspector shall be placed under oath or
affirmation to perform his or her duties faithfully and
without favor or prejudice to any political party.
History.—s. 26, ch. 3879, 1889; RS 180; s. 7, ch. 4328, 1895; s. 7, ch. 4537,
1897; GS 203; RGS 247; CGL 303; s. 1, ch. 17898, 1937; s. 1, ch. 24088, 1947; s.
11, ch. 25035, 1949; s. 1, ch. 25384, 1949; s. 5, ch. 26870, 1951; s. 12, ch. 65-380;
s. 16, ch. 77-175; s. 2, ch. 86-200; s. 560, ch. 95-147; s. 9, ch. 2001-40.
Note.—Former s. 99.02.
101.2512 Candidates’ names on general elec
tion ballots.—
(1) The supervisor of elections shall print on the
general election ballot the names of candidates nomi
nated by primary election or special primary election or
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
the names of candidates selected by the appropriate
executive committee of any political party pursuant to
the requirements of this code.
(2) In addition to the names printed on the ballot as
provided in subsection (1), the supervisor of elections
shall print on the general election ballot the names of
each nonpartisan candidate, minor party candidate, or
candidate with no party affiliation who has obtained a
position on the general election ballot in compliance with
the requirements of this code.
History.—s. 8, ch. 2002-17.
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 State shall provide a written translation of
a statewide ballot issue in the language of any language
minority group specified in the provisions of s. 203 of the
Voting Rights Act of 1965, as amended, as applicable to
this state.
History.—s. 1, ch. 94-300.
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 ballot. However,
when there is only one candidate of any political party
qualified for an office, the name of the candidate shall
not be printed on the primary election ballot, and such
candidate shall be declared nominated for the office.
(2) Any candidate for party executive committee
member who has qualified as prescribed by law is
entitled to have his or her name printed on the primary
election ballot. However, when there is only one
candidate of any political party qualified for such an
office, the name of the candidate shall not be printed on
the primary election ballot, and such candidate shall be
declared elected to the state or county executive
committee.
History.—s. 27, ch. 6469, 1913; RGS 331; CGL 388; s. 3, ch. 26870, 1951; s. 1,
ch. 63-99; s. 5, ch. 65-378; s. 16, ch. 77-175; s. 21, ch. 89-338; s. 561, ch. 95-147; s.
15, ch. 2005-286.
Note.—Former ss. 102.34, 99.041.
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 be filled by nomination. Each
candidate shall indicate on his or her qualifying papers
the group or district in which the candidate desires his or
her name to appear on the ballot. In addition, any
candidate qualifying by the petition method must
indicate on his or her petition prior to circulating such
petition, which group or district for which the candidate
is attempting to qualify.
History.—s. 52, ch. 6469, 1913; s. 8, ch. 6874, 1915; RGS 356; CGL 413; s. 3,
ch. 26870, 1951; s. 6, ch. 65-378; s. 16, ch. 77-175; s. 23, ch. 89-338; s. 563, ch.
95-147.
Note.—Former ss. 102.49, 99.051.
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 other governing body
empowered by general or special act or local ordinance
to purchase or sell voting equipment.
(2) “Voting equipment” means electronic or electro
mechanical voting systems, voting devices, and auto
matic tabulating equipment as defined in s. 101.5603,
as well as materials, parts, or other equipment neces
sary for the operation and maintenance of such systems
and devices, the individual or combined retail value of
which is in excess of the threshold amount for CATE
GORY TWO purchases provided in s. 287.017.
(3) “Purchase” means a contract for the purchase,
lease, rental, or other acquisition of voting equipment.
History.—s. 2, ch. 72-303; s. 17, ch. 73-156; s. 16, ch. 77-175; s. 4, ch. 84-302;
s. 5, ch. 89-348; s. 32, ch. 90-268; s. 10, ch. 2001-40.
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 in s. 287.017, by a governing body shall be
by means of competitive sealed bids or competitive
sealed proposals from at least two bidders, except
under the following conditions:
(a) If a majority of the governing body agrees by vote
that an emergency situation exists in regard to the
purchase of such equipment to the extent that the
potential benefits derived from competitive sealed bids
or competitive sealed proposals are outweighed by the
detrimental effects of a delay in the acquisition of such
equipment; or
(b) If a majority of the governing body finds that there
is but a single source from which suitable equipment
may be obtained.
If such conditions are found to exist, the chair of the
governing body shall certify to the Division of Elections
the situation and conditions requiring an exception to
the competitive sealed bidding and competitive sealed
proposal requirements of this section. Such certification
shall be maintained on file by the division.
(2) The Division of Elections of the Department of
State shall establish bidding procedures for carrying out
the provisions and the intent of ss. 101.292-101.295,
and each governing body shall follow the procedures so
established.
History.—s. 2, ch. 72-303; s. 18, ch. 73-156; s. 38, ch. 73-333; s. 16, ch. 77-175;
s. 5, ch. 84-302; s. 6, ch. 89-348; s. 1, ch. 90-268; s. 566, ch. 95-147.
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. No governing
body shall purchase or cause to be purchased any
voting equipment unless such equipment has been
certified for use in this state by the Department of State.
(2) Any governing body contemplating the purchase
or sale of voting equipment shall notify the Division of
Elections of such considerations. The division shall
attempt to coordinate the sale of excess or outmoded
equipment by one county with purchases of necessary
equipment by other counties.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
(3) The division shall inform the governing bodies of
the various counties of the state of the availability of new
or used voting equipment and of sources available for
obtaining such equipment.
(4) A vendor of voting equipment may not provide an
uncertified voting system, voting system component, or
voting system upgrade to a local governing body or
supervisor of elections in this state.
(5) Before or in conjunction with providing a voting
system, voting system component, or voting system
upgrade, the vendor shall provide the local governing
body or supervisor of elections with a sworn certification
that the voting system, voting system component, or
voting system upgrade being provided has been
certified by the Division of Elections.
History.—s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302;
s. 31, ch. 2005-277.
101.295 Penalties for violation.—
(1) Any member of a governing body which pur
chases or sells voting equipment in violation of the
provisions of ss. 101.292-101.295, which member
knowingly votes to purchase or sell voting equipment
in violation of the provisions of ss. 101.292-101.295, is
guilty of a misdemeanor of the first degree, punishable
as provided by s. 775.082 or s. 775.083, and shall be
subject to suspension from office on the grounds of
malfeasance.
(2) Any vendor, chief executive officer, or vendor
representative of voting equipment who provides a
voting system, voting system component, or voting
system upgrade in violation of this chapter commits a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 72-303; s. 18, ch. 77-175; s. 32, ch. 2005-277.
101.34 Custody of voting system.—The super
visor of elections shall be the custodian of the voting
system in the county, and he or she shall appoint
deputies necessary to prepare and supervise the voting
system prior to and during elections. The compensation
for such deputies shall be paid by the supervisor of
elections.
History.—s. 3-A, ch. 22018, 1943; s. 4, ch. 24089, 1947; s. 5, ch. 26870, 1951;
s. 16, ch. 65-380; s. 18, ch. 77-175; s. 3, ch. 80-20; s. 567, ch. 95-147; s. 11, ch.
2001-40.
Note.—Former s. 100.42.
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, or repair of voting equip
ment, may accept employment or any form of con
sideration from any person or business entity involved in
the purchase, repair, or sale of voting equipment unless
such employment has the prior written approval of the
supervisor of elections of the county by which such
person is employed.
(2) Any person violating the provisions of this section
is guilty of a misdemeanor of the first degree, punish
able as provided by s. 775.082 or s. 775.083. Such
person shall also be subject to immediate discharge
from his or her position.
History.—s. 3, ch. 72-303; s. 4, ch. 80-20; s. 568, ch. 95-147; s. 12, ch. 2001-40.
101.43 Substitute ballot.—When the required of
ficial ballots for a precinct are not delivered in time to be
used on election day, or after delivery, are lost,
destroyed or stolen, the clerk or other officials whose
duty it is to provide ballots for use at such election, in lieu
of the official ballots, shall have substitute ballots
prepared, conforming as nearly as possible to the
official ballots, and the board of election shall substitute
these ballots to be used in the same manner as the
official ballots would have been used at the election.
History.—s. 15, ch. 13893, 1929; CGL 1936 Supp. 337(15); s. 5, ch. 26870,
1951; s. 13, ch. 2001-40.
Note.—Former s. 100.15.
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 same
as the signature the elector affixed on the precinct
register or early voting certificate, the clerk or inspector
shall deliver to the person an affidavit which shall be in
substantially the following form:
STATE OF FLORIDA,
COUNTY OF
__
I do solemnly swear (or affirm) that my name is __;
that I am
__ years old; that I was born in the State of
__; that I am registered to vote; that I am a qualified
voter of the county and state aforesaid and have not
voted in this election.
(Signature of voter)
Sworn to and subscribed before me this __ day of
__, A. D. (year) .
(Clerk or inspector of election)
Precinct No. __
County of __
(2) The person shall fill out, in his or her own
handwriting or with assistance from a member of the
election board, the form and make an affidavit to the
facts stated in the filled-in form; such affidavit shall then
be sworn to and subscribed before one of the inspectors
or clerks of the election who is authorized to administer
the oath. Whenever the affidavit is made and filed with
the clerk or inspector, the person shall then be admitted
to cast his or her vote, but if the person fails or refuses to
make out or file such affidavit and asserts his or her
eligibility, then he or she shall be entitled to vote a
provisional ballot.
History.—s. 2, ch. 18407, 1937; CGL 1940 Supp. 337(28-d); s. 2, ch. 22018,
1943; s. 5, ch. 26870, 1951; s. 18, ch. 77-175; s. 573, ch. 95-147; s. 11, ch. 99-6; s.
14, ch. 2001-40; s. 33, ch. 2005-277.
Note.—Former s. 100.35.
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
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
the booth or compartment to cast his or her vote,
allowing only one elector at a time to pass through to
vote. An elector, while casting his or her ballot, may not
occupy a booth or compartment already occupied or
speak with anyone, except as provided by s. 101.051.
(2) After casting his or her vote, the elector shall at
once leave the polling room by the exit opening and
shall not be permitted to reenter on any pretext
whatever.
History.—ss. 44, 45, ch. 4328, 1895; GS 228, 229; RGS 273, 274; CGL 329,
330; s. 20, ch. 13893, 1929; 1936 Supp. 337(20); s. 5, ch. 26870, 1951; s. 25, ch.
65-380; s. 18, ch. 77-175; s. 574, ch. 95-147; s. 11, ch. 2002-281; s. 34, ch.
2005-277; s. 19, ch. 2008-95.
Note.—Former ss. 99.27, 99.28, 100.20.
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 the Division of Library and
Information Services of the Department of State. All
unused ballots, forms, and other election materials may,
with the approval of the Department of State, be
destroyed by the supervisor after the election for
which such ballots, forms, or other election materials
were to be used.
History.—s. 20, ch. 77-175; s. 15, ch. 2001-60.
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 electro
nically or are tabulated on automatic tabulating equip
ment or data processing equipment.
History.—s. 2, ch. 73-156; s. 21, ch. 77-175; s. 7, ch. 84-302.
101.5603 Definitions relating to Electronic Vot
ing Systems Act.—As used in this act, the term:
(1) “Automatic tabulating equipment” includes appa
ratus necessary to automatically examine, count, and
record votes.
(2) “Ballot” means the card, tape, or other vehicle
upon which the elector’s choices are recorded.
(3) “Ballot information” means the material contain
ing the names of offices and candidates and the
questions to be voted on.
(4) “Electronic or electromechanical voting system”
means a system of casting votes by use of voting
devices or marking devices and counting ballots by
employing automatic tabulating equipment or data
processing equipment, and the term includes touchsc
reen systems.
(5) “Marking device” means any approved device for
marking a ballot with ink or other substance which will
enable the ballot to be tabulated by means of automatic
tabulating equipment.
(6) “Secrecy envelope” means an opaque device,
used for enclosing a marked ballot, which conceals the
voter’s choices.
(7) “Software” means the programs and routines
used to employ and control the capabilities of data
processing hardware, including, without limitation, op
erating systems, compilers, assemblers, utilities, library
routines, maintenance routines, applications, and com
puter networking programs.
(8) “Voting device” means an apparatus by which
votes are registered electronically.
History.—s. 3, ch. 73-156; s. 21, ch. 77-175; s. 8, ch. 84-302; s. 8, ch. 89-348; s.
15, ch. 2001-40.
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 supervisor of elections,
adopt, purchase or otherwise procure, and provide for
the use of any electronic or electromechanical voting
system approved by the Department of State in all or a
portion of the election precincts of that county. There
after the electronic or electromechanical voting system
may be used for voting at all elections for public and
party offices and on all measures and for receiving,
registering, and counting the votes thereof in such
election precincts as the governing body directs. A
county must use an electronic or electromechanical
precinct-count tabulation voting system.
History.—s. 4, ch. 73-156; s. 21, ch. 77-175; s. 16, ch. 2001-40.
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 in this state.
History.—s. 17, ch. 2001-40.
101.5605 Examination and approval of equip
ment.—
(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 the requirements of s. 101.5606.
(2)(a) Any person owning or interested in an electro
nic or electromechanical voting system may submit it to
the Department of State for examination. The vote
counting segment shall be certified after a satisfactory
evaluation testing has been performed according to the
standards adopted under s. 101.015(1). This testing
shall include, but is not limited to, testing of all software
required for the voting system’s operation; the ballot
reader; the rote processor, especially in its logic and
memory components; the digital printer; the fail-safe
operations; the counting center environmental require
ments; and the equipment reliability estimate. For the
purpose of assisting in examining the system, the
department shall employ or contract for services of at
least one individual who is expert in one or more fields of
data processing, mechanical engineering, and public
administration and shall require from the individual a
written report of his or her examination.
(b) The person submitting a system for approval or
the board of county commissioners of any county
seeking approval of a given system shall reimburse
the Department of State in an amount equal to the
actual costs incurred by the department in examining
the system. Such reimbursement shall be made
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
whether or not the system is approved by the depart
ment.
(c) Neither the Secretary of State nor any examiner
shall have any pecuniary interest in any voting equip
ment.
(d) The Department of State shall approve or dis
approve any voting system submitted to it within 90 days
after the date of its initial submission.
(3)(a) Within 30 days after completing the examina
tion and upon approval of any electronic or electro
mechanical voting system, the Department of State
shall make and maintain a report on the system,
together with a written or printed description and
drawings and photographs clearly identifying the sys
tem and the operation thereof. As soon as practicable
after such filing, the department shall send a notice of
certification and, upon request, a copy of the report to
the governing bodies of the respective counties of the
state. Any voting system that does not receive the
approval of the department shall not be adopted for or
used at any election.
(b) After a voting system has been approved by the
Department of State, any change or improvement in the
system is required to be approved by the department
prior to the adoption of such change or improvement by
any county. If any such change or improvement does
not comply with the requirements of this act, the
department shall suspend all sales of the equipment
or system in the state until the equipment or system
complies with the requirements of this act.
(4) The Department of State may at any time
reexamine any system, or any part thereof, which has
previously been approved for the purpose of updating
the certification of the system.
History.—s. 5, ch. 73-156; s. 21, ch. 77-175; s. 9, ch. 84-302; s. 12, ch. 85-80; s.
9, ch. 89-348; s. 577, ch. 95-147; s. 31, ch. 2011-40.
101.5606 Requirements for approval of sys
tems.—No electronic or electromechanical voting sys
tem shall be approved by the Department of State
unless it is so constructed that:
(1) It permits and requires voting in secrecy.
(2) It permits each elector to vote at any election for
all persons and offices for whom and for which the
elector is lawfully entitled to vote, and no others; to vote
for as many persons for an office as the elector is
entitled to vote for; and to vote for or against any
question upon which the elector is entitled to vote.
(3) It immediately rejects a ballot where the number
of votes for an office or measure exceeds the number
which the voter is entitled to cast or where the tabulating
equipment reads the ballot as a ballot with no votes
cast.
(4) For systems using marksense ballots, it accepts
a rejected ballot pursuant to subsection (3) if a voter
chooses to cast the ballot, but records no vote for any
office that has been overvoted or undervoted.
(5) It is capable of correctly counting votes.
(6) It permits each voter at a primary election to vote
only for the candidates seeking nomination by the
political party in which such voter is registered, for
any candidate for nonpartisan office, and for any
question upon which the voter is entitled to vote.
(7) At presidential elections it permits each elector,
by one operation, to vote for all presidential electors of a
party or for all presidential electors of candidates for
President and Vice President with no party affiliation.
(8) It provides a method for write-in voting.
(9) It is capable of accumulating a count of the
specific number of ballots tallied for a precinct, accu
mulating total votes by candidate for each office, and
accumulating total votes for and against each question
and issue of the ballots tallied for a precinct.
(10) It is capable of tallying votes from ballots of
different political parties from the same precinct, in the
case of a primary election.
(11) It is capable of automatically producing precinct
totals in printed form.
(12) If it is of a type which registers votes electro
nically, it will permit each voter to change his or her vote
for any candidate or upon any question appearing on
the official ballot up to the time that the voter takes the
final step to register his or her vote and to have the vote
computed.
(13) It is capable of providing records from which the
operation of the voting system may be audited.
(14) It uses a precinct-count tabulation system.
(15) It does not use an apparatus or device for the
piercing of ballots by the voter.
History.—s. 6, ch. 73-156; s. 21, ch. 77-175; s. 10, ch. 84-302; s. 10, ch. 89-348;
s. 578, ch. 95-147; s. 17, ch. 99-318; s. 18, ch. 2001-40; s. 10, ch. 2002-17; s. 35, ch.
2005-277; s. 32, ch. 2011-40.
101.56062 Standards for accessible voting sys
tems.—
(1) Notwithstanding anything in this chapter to the
contrary, each voting system certified by the Depart
ment of State for use in local, state, and federal
elections must include the capability to install accessible
voter interface devices in the system configuration
which will allow the system to meet the following
minimum standards:
(a) The voting system must provide a tactile input or
audio input device, or both.
(b) The voting system must provide a method by
which voters can confirm any tactile or audio input by
having the capability of audio output using synthetic or
recorded human speech that is reasonably phonetically
accurate.
(c) Any operable controls on the input device which
are needed for voters who are visually impaired must be
discernible tactilely without actuating the keys.
(d) Audio and visual access approaches must be
able to work both separately and simultaneously.
(e) If a nonaudio access approach is provided, the
system may not require color perception. The system
must use black text or graphics, or both, on white
background or white text or graphics, or both, on black
background, unless the office of the Secretary of State
approves other high-contrast color combinations that do
not require color perception.
(f) Any voting system that requires any visual
perception must offer the election official who programs
the system, prior to its being sent to the polling place,
the capability to set the font size, as it appears to the
voter, from a minimum of 14 points to a maximum of 24
points.
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
(g) The voting system must provide audio informa
tion, including any audio output using synthetic or
recorded human speech or any auditory feedback
tones that are important for the use of the audio
approach, through at least one mode, by handset or
headset, in enhanced auditory fashion (increased
amplification), and must provide incremental volume
control with output amplification up to a level of at least
97 dB SPL.
(h) For transmitted voice signals to the voter, the
voting system must provide a gain adjustable up to a
minimum of 20 dB with at least one intermediate step of
12 dB of gain.
(i) For the safety of others, if the voting system has
the possibility of exceeding 120 dB SPL, then a
mechanism must be included to reset the volume
automatically to the voting system’s default volume
level after every use, for example when the handset is
replaced, but not before. Also, universal precautions in
the use and sharing of headsets should be followed.
(j) If sound cues and audible information such as
“beeps” are used, there must be simultaneous corre
sponding visual cues and information.
(k) Controls and operable mechanisms must be
operable with one hand, including operability with a
closed fist, and operable without tight grasping, pinch
ing, or twisting of the wrist.
(l) The force required to operate or activate the
controls must be no greater than 5 pounds of force.
(m) Voting booths must have voting controls at a
minimum height of 36 inches above the finished floor
with a minimum knee clearance of 27 inches high, 30
inches wide, and 19 inches deep, or the accessible
voter interface devices must be designed so as to allow
their use on top of a table to meet these requirements.
Tabletop installations must include adequate privacy.
(n) Any audio ballot must provide the voter with the
following functionalities:
1. After the initial instructions that the system
requires election officials to provide to each voter, the
voter should be able to independently operate the voter
interface through the final step of casting a ballot without
assistance.
2. The voter must be able to determine the races
that he or she is allowed to vote in and to determine
which candidates are available in each race.
3. The voter must be able to determine how many
candidates may be selected in each race.
4. The voter must be able to have confidence that
the physical or vocal inputs given to the system have
selected the candidates that he or she intended to
select.
5. The voter must be able to review the candidate
selections that he or she has made.
6. Prior to the act of casting the ballot, the voter
must be able to change any selections previously made
and confirm a new selection.
7. The system must communicate to the voter the
fact that the voter has failed to vote in a race or has
failed to vote the number of allowable candidates in any
race and require the voter to confirm his or her intent to
undervote before casting the ballot.
8. The system must prevent the voter from over-
voting any race.
9. The voter must be able to input a candidate’s
name in each race that allows a write-in candidate.
10. The voter must be able to review his or her write-
in input to the interface, edit that input, and confirm that
the edits meet the voter’s intent.
11. There must be a clear, identifiable action that the
voter takes to “cast” the ballot. The system must make
clear to the voter how to take this action so that the voter
has minimal risk of taking the action accidentally but,
when the voter intends to cast the ballot, the action can
be easily performed.
12. Once the ballot is cast, the system must confirm
to the voter that the action has occurred and that the
voter’s process of voting is complete.
13. Once the ballot is cast, the system must preclude
the voter from modifying the ballot cast or voting or
casting another ballot.
The functionalities required in this paragraph for certi
fication may be satisfied by either the voting device or by
the entire voting system.
(2) Such voting system must include at least one
accessible voter interface device installed in each
polling place which meets the requirements of this
section, except for paragraph (1)(d).
(3) The Department of State may adopt rules in
accordance with s. 120.54 which are necessary to
administer this section.
History.—s. 12, ch. 2002-281; s. 34, ch. 2005-278; s. 1, ch. 2006-111.
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 in providing or improving
accessibility of voting systems and polling places for
persons having a disability. Accordingly, all state laws,
rules, standards, and codes governing voting systems
and polling place accessibility must be maintained to
ensure the state’s eligibility to receive federal funds. It is
the intent of the Legislature that all state requirements
meet or exceed the minimum federal requirements for
voting systems and polling place accessibility. This
section shall take effect upon this act becoming a law.
History.—s. 13, ch. 2002-281.
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.
101.5607 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 the Department of State relating to an
approved electronic or electromechanical voting system
and its equipment must be filed with the Department of
State by the supervisor of elections at the time of
purchase or implementation. Any such information or
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
materials that are not on file with and approved by the
Department of State, including any updated or modified
materials, may not be used in an election.
(b) Within 24 hours after the completion of any logic
and accuracy test conducted pursuant to s. 101.5612,
the supervisor of elections shall send by certified mail to
the Department of State a copy of the tabulation
program which was used in the logic and accuracy
testing.
(c) The Department of State may, at any time, review
the voting system of any county to ensure compliance
with the Electronic Voting Systems Act.
(d) Section 119.071(1)(f) applies to all software on
file with the Department of State.
(2)(a) The Department of State may develop soft
ware for use with an electronic or electromechanical
voting system. The standards and examination proce
dures developed for software apply to all software
developed by the Department of State.
(b) Software prepared by the Department of State is
a public record pursuant to chapter 119 and shall be
provided at the actual cost of duplication.
History.—s. 7, ch. 73-156; s. 21, ch. 77-175; s. 4, ch. 82-143; s. 11, ch. 84-302;
s. 11, ch. 89-348; s. 25, ch. 90-344; s. 21, ch. 95-398; s. 19, ch. 2001-40; s. 32, ch.
2004-335; s. 41, ch. 2005-251.
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 disabilities may vote on a voter
interface device that meets the voting system accessi
bility requirements for individuals with disabilities pur
suant to s. 301 of the federal Help America Vote Act of
2002 and s. 101.56062.
(3) By 2016, persons with disabilities shall vote on a
voter interface device that meets the voter accessibility
requirements for individuals with disabilities under s.
301 of the federal Help America Vote Act of 2002 and s.
101.56062 which are consistent with subsection (1) of
this section.
(4) By December 31, 2013, all voting systems
utilized by voters during a state election shall permit
placement on the ballot of the full text of a constitutional
amendment or revision containing stricken or under
lined text.
History.—s. 6, ch. 2007-30; s. 5, ch. 2010-167; s. 33, ch. 2011-40.
101.5608 Voting by electronic or electromecha
nical 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 shall sign his or her name
on the precinct register or other form or device provided
by the supervisor. The inspector shall compare the
signature with the signature on the identification pro
vided by the elector. If the inspector is reasonably sure
that the person is entitled to vote, the inspector shall
provide the person with a ballot.
(2) When an electronic or electromechanical voting
system utilizes a ballot card or marksense ballot, the
following procedures shall be followed:
(a) After receiving a ballot from an inspector, the
elector shall, without leaving the polling place, retire to a
booth or compartment and mark the ballot. After
marking his or her ballot, the elector shall place the
ballot in a secrecy envelope so that the ballot will be
deposited in the tabulator without exposing the voter’s
choices.
(b) Any voter who spoils his or her ballot or makes an
error may return the ballot to the election official and
secure another ballot, except that in no case shall a
voter be furnished more than three ballots. If the vote
tabulation device has rejected a ballot, the ballot shall
be considered spoiled and a new ballot shall be
provided to the voter unless the voter chooses to cast
the rejected ballot. The election official, without exam
ining the original ballot, shall state the possible reasons
for the rejection and shall provide instruction to the voter
pursuant to s. 101.5611. A spoiled ballot shall be
preserved, without examination, in an envelope pro
vided for that purpose. The stub shall be removed from
the ballot and placed in an envelope.
(c) The supervisor of elections shall prepare for each
polling place at least one ballot box to contain the ballots
of a particular precinct, and each ballot box shall be
plainly marked with the name of the precinct for which it
is intended.
(3) The Department of State shall promulgate rules
regarding voting procedures to be used when an
electronic or electromechanical voting system is of a
type which does not utilize a ballot card or marksense
ballot.
(4) In any election in which a write-in candidate has
qualified for office, the supervisor of elections shall
provide for write-in voting pursuant to rules adopted by
the Division of Elections.
History.—s. 8, ch. 73-156; s. 21, ch. 77-175; s. 13, ch. 81-105; s. 5, ch. 82-143;
s. 12, ch. 84-302; s. 579, ch. 95-147; s. 20, ch. 2001-40; s. 11, ch. 2002-17; s. 36, ch.
2005-277; s. 35, ch. 2005-278; s. 20, ch. 2008-95.
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 to the polling
places. Before the opening of the polls, the election
board shall compare the ballots or the ballot information
used in the voting devices with the sample ballots
furnished and see that the names, numbers, and letters
thereon agree and shall certify thereto on forms
provided by the supervisor of elections.
History.—s. 10, ch. 73-156; s. 14, ch. 84-302; s. 4, ch. 86-200.
101.5611 Instructions to electors.—
(1) The supervisor of elections shall provide instruc
tion at each polling place regarding the manner of voting
with the system. In instructing voters, no precinct official
may favor any political party, candidate, or issue. Such
instruction shall show the arrangement of candidates
and questions to be voted on. Additionally, the super
visor of elections shall provide instruction on the proper
method of casting a ballot for the specific voting system
utilized in that jurisdiction. Such instruction shall be
provided at a place which voters must pass to reach the
official voting booth.
(2) The supervisor of elections shall have posted at
each polling place a notice that reads: “A person who
commits or attempts to commit any fraud in connection
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
with voting, votes a fraudulent ballot, or votes more than
once in an election can be convicted of a felony of the
third degree and fined up to $5,000 and/or imprisoned
for up to 5 years.”
History.—s. 11, ch. 73-156; s. 21, ch. 77-175; s. 581, ch. 95-147; s. 12, ch.
98-129; s. 12, ch. 2002-17.
101.5612 Testing of tabulating equipment.—
(1) All electronic or electromechanical voting sys
tems shall be thoroughly tested at the conclusion of
maintenance and programming. Tests shall be sufficient
to determine that the voting system is properly pro
grammed, the election is correctly defined on the voting
system, and all of the voting system input, output, and
communication devices are working properly.
(2) On any day not more than 10 days prior to the
commencement of early voting as provided in s.
101.657, the supervisor of elections shall have the
automatic tabulating equipment publicly tested to as
certain that the equipment will correctly count the votes
cast for all offices and on all measures. If the ballots to
be used at the polling place on election day are not
available at the time of the testing, the supervisor may
conduct an additional test not more than 10 days before
election day. Public notice of the time and place of the
test shall be given at least 48 hours prior thereto by
publication on the supervisor of elections’ website and
once in one or more newspapers of general circulation
in the county or, if there is no newspaper of general
circulation in the county, by posting the notice in at least
four conspicuous places in the county. The supervisor
or the municipal elections official may, at the time of
qualifying, give written notice of the time and location of
the public preelection test to each candidate qualifying
with that office and obtain a signed receipt that the
notice has been given. The Department of State shall
give written notice to each statewide candidate at the
time of qualifying, or immediately at the end of qualify
ing, that the voting equipment will be tested and advise
each candidate to contact the county supervisor of
elections as to the time and location of the public
preelection test. The supervisor or the municipal elec
tions official shall, at least 15 days prior to the
commencement of early voting as provided in s.
101.657, send written notice by certified mail to the
county party chair of each political party and to all
candidates for other than statewide office whose names
appear on the ballot in the county and who did not
receive written notification from the supervisor or
municipal elections official at the time of qualifying,
stating the time and location of the public preelection
test of the automatic tabulating equipment. The canvas
sing board shall convene, and each member of the
canvassing board shall certify to the accuracy of the
test. For the test, the canvassing board may designate
one member to represent it. The test shall be open to
representatives of the political parties, the press, and
the public. Each political party may designate one
person with expertise in the computer field who shall
be allowed in the central counting room when all tests
are being conducted and when the official votes are
being counted. The designee shall not interfere with the
normal operation of the canvassing board.
(3) For electronic or electromechanical voting sys
tems configured to tabulate absentee ballots at a central
or regional site, the public testing shall be conducted by
processing a preaudited group of ballots so produced as
to record a predetermined number of valid votes for
each candidate and on each measure and to include
one or more ballots for each office which have activated
voting positions in excess of the number allowed by law
in order to test the ability of the automatic tabulating
equipment to reject such votes. If any error is detected,
the cause therefor shall be corrected and an errorless
count shall be made before the automatic tabulating
equipment is approved. The test shall be repeated and
errorless results achieved immediately before the start
of the official count of the ballots and again after the
completion of the official count. The programs and
ballots used for testing shall be sealed and retained
under the custody of the county canvassing board.
(4)(a)1. For electronic or electromechanical voting
systems configured to include electronic or electrome
chanical tabulation devices which are distributed to the
precincts, all or a sample of the devices to be used in the
election shall be publicly tested. If a sample is to be
tested, the sample shall consist of a random selection of
at least 5 percent or 10 of the devices for an optical scan
system, whichever is greater. For touchscreen systems
used for voters having a disability, a sample of at least 2
percent of the devices must be tested. The test shall be
conducted by processing a group of ballots, causing the
device to output results for the ballots processed, and
comparing the output of results to the results expected
for the ballots processed. The group of ballots shall be
produced so as to record a predetermined number of
valid votes for each candidate and on each measure
and to include for each office one or more ballots which
have activated voting positions in excess of the number
allowed by law in order to test the ability of the tabulating
device to reject such votes.
2. If any tested tabulating device is found to have an
error in tabulation, it shall be deemed unsatisfactory.
For each device deemed unsatisfactory, the canvassing
board shall take steps to determine the cause of the
error, shall attempt to identify and test other devices that
could reasonably be expected to have the same error,
and shall test a number of additional devices sufficient
to determine that all devices are satisfactory. Upon
deeming any device unsatisfactory, the canvassing
board may require all devices to be tested or may
declare that all devices are unsatisfactory.
3. If the operation or output of any tested tabulation
device, such as spelling or the order of candidates on a
report, is in error, such problem shall be reported to the
canvassing board. The canvassing board shall then
determine if the reported problem warrants its deeming
the device unsatisfactory.
(b) At the completion of testing under this subsec
tion, the canvassing board or its representative, the
representatives of the political parties, and the candi
dates or their representatives who attended the test
shall witness the resetting of each device that passed to
a preelection state of readiness and the sealing of each
device that passed in such a manner as to secure its
state of readiness until the opening of the polls.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
(c) The canvassing board or its representative shall
execute a written statement setting forth the tabulation
devices tested, the results of the testing, the protective
counter numbers, if applicable, of each tabulation
device, the number of the seal securing each tabulation
device at the conclusion of testing, any problems
reported to the board as a result of the testing, and
whether each device tested is satisfactory or unsatis
factory.
(d) Any tabulating device deemed unsatisfactory
shall be recoded, repaired, or replaced and shall be
made available for retesting. Such device must be
determined by the canvassing board or its representa
tive to be satisfactory before it may be used in any
election. The canvassing board or its representative
shall announce at the close of the first testing the date,
place, and time that any unsatisfactory device will be
retested or may, at the option of the board, notify by
telephone each person who was present at the first
testing as to the date, place, and time that the retesting
will occur.
(e) Records must be kept of all preelection testing of
electronic or electromechanical tabulation devices used
in any election. Such records are to be present and
available for inspection and reference during public
preelection testing by any person in attendance during
such testing. The need of the canvassing board for
access to such records during the testing shall take
precedence over the need of other attendees to access
such records so that the work of the canvassing board
will not be delayed or hindered. Records of testing must
include, for each device, the name of each person who
tested the device and the date, place, time, and results
of each test. Records of testing shall be retained as part
of the official records of the election in which any device
was used.
(5) Any tests involving marksense ballots pursuant
to this section shall employ test ballots created by the
supervisor of elections using actual ballots that have
been printed for the election. If ballot-on-demand ballots
will be used in the election, the supervisor shall also
create test ballots using the ballot-on-demand technol
ogy that will be used to produce ballots in the election,
using the same paper stock as will be used for ballots in
the election.
History.—s. 12, ch. 73-156; s. 21, ch. 77-175; s. 39, ch. 79-400; s. 2, ch. 81-29;
s. 24, ch. 83-217; s. 15, ch. 84-302; s. 582, ch. 95-147; s. 21, ch. 2001-40; s. 13, ch.
2002-17; s. 11, ch. 2004-252; s. 37, ch. 2005-277; s. 7, ch. 2007-30; s. 6, ch.
2010-167; s. 34, ch. 2011-40.
101.5613 Examination of equipment during vot
ing.—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 examine
the face of the voting device and the ballot information to
determine that the device and the ballot information
have not been damaged or tampered with.
History.—s. 13, ch. 73-156; s. 21, ch. 77-175; s. 16, ch. 84-302; s. 12, ch.
2004-252.
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
presence of members of the public desiring to witness
the proceedings, verify the number of voted ballots,
unused ballots, provisional ballots, and spoiled ballots to
ascertain whether such number corresponds with the
number of ballots issued by the supervisor. If there is a
difference, this fact shall be reported in writing to the
county canvassing board with the reasons therefor if
known. The total number of voted ballots shall be
entered on the forms provided. The proceedings of
the election board at the precinct after the polls have
closed shall be open to the public; however, no person
except a member of the election board shall touch any
ballot or ballot container or interfere with or obstruct the
orderly count of the ballots.
(2) The Department of State shall, in accordance
with s. 101.015, adopt rules that provide safeguards for
the counting of votes at a precinct and at a central or
regional location.
(3) The results of ballots tabulated at precinct
locations may be transmitted to the main computer
system for the purpose of compilation of complete
returns. The security guidelines for transmission of
returns shall conform to rules adopted by the Depart
ment of State pursuant to s. 101.015.
(4) For each ballot or ballot image on which write-in
votes have been cast, the canvassing board shall
compare the write-in votes with the votes cast on the
ballot; if the total number of votes for any office exceeds
the number allowed by law, such votes shall not be
counted. All valid votes shall be tallied by the canvas
sing board.
(5)(a) If any absentee ballot is physically damaged
so that it cannot properly be counted by the automatic
tabulating equipment, a true duplicate copy shall be
made of the damaged ballot in the presence of
witnesses and substituted for the damaged ballot.
Likewise, a duplicate ballot shall be made of an
absentee ballot containing an overvoted race or a
marked absentee ballot in which every race is under-
voted which shall include all valid votes as determined
by the canvassing board based on rules adopted by the
division pursuant to s. 102.166(4). All duplicate ballots
shall be clearly labeled “duplicate,” bear a serial number
which shall be recorded on the defective ballot, and be
counted in lieu of the defective ballot. After a ballot has
been duplicated, the defective ballot shall be placed in
an envelope provided for that purpose, and the dupli
cate ballot shall be tallied with the other ballots for that
precinct.
(b) A true duplicate copy shall be made of each
federal write-in absentee ballot in the presence of
witnesses and substituted for the federal write-in
absentee ballot. The duplicate ballot must include all
valid votes as determined by the canvassing board
based on rules adopted by the division pursuant to s.
102.166(4). All duplicate ballots shall be clearly labeled
“duplicate,” bear a serial number that shall be recorded
on the federal write-in absentee ballot, and be counted
in lieu of the federal write-in absentee ballot. After a
ballot has been duplicated, the federal write-in absentee
ballot shall be placed in an envelope provided for that
purpose, and the duplicate ballot shall be tallied with
other ballots for that precinct.
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
(6) If there is no clear indication on the ballot that the
voter has made a definite choice for an office or ballot
measure, the elector’s ballot shall not be counted for
that office or measure, but the ballot shall not be
invalidated as to those names or measures which are
properly marked.
(7) Absentee ballots may be counted by automatic
tabulating equipment if they have been marked in a
manner which will enable them to be properly counted
by such equipment.
(8) The return printed by the automatic tabulating
equipment, to which has been added the return of write-
in, absentee, and manually counted votes and votes
from provisional ballots, shall constitute the official
return of the election upon certification by the canvas
sing board. Upon completion of the count, the returns
shall be open to the public. A copy of the returns may be
posted at the central counting place or at the office of the
supervisor of elections in lieu of the posting of returns at
individual precincts.
(9) Any supervisor of elections, deputy supervisor of
elections, canvassing board member, election board
member, or election employee who releases the results
of any election prior to the closing of the polls in that
county on election day commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 14, ch. 73-156; s. 1, ch. 77-174; s. 21, ch. 77-175; s. 14, ch. 81-105;
s. 17, ch. 84-302; s. 1, ch. 85-17; s. 5, ch. 86-200; s. 17, ch. 90-315; s. 1, ch. 94-208;
ss. 22, 37, ch. 2001-40; ss. 14, 15, ch. 2002-17; s. 38, ch. 2005-277; s. 35, ch.
2011-40; s. 2, ch. 2011-162.
101.572 Public inspection of ballots.—The offi
cial ballots and ballot cards received from election
boards and removed from absentee ballot mailing
envelopes shall be open for public inspection or
examination while in the custody of the supervisor of
elections or the county canvassing board at any
reasonable time, under reasonable conditions; how
ever, no persons other than the supervisor of elections
or his or her employees or the county canvassing board
shall handle any official ballot or ballot card. If the ballots
are being examined prior to the end of the contest period
in s. 102.168, the supervisor of elections shall make a
reasonable effort to notify all candidates whose names
appear on such ballots or ballot cards by telephone or
otherwise of the time and place of the inspection or
examination. All such candidates, or their representa
tives, shall be allowed to be present during the
inspection or examination.
History.—s. 2, ch. 86-199; s. 583, ch. 95-147; s. 39, ch. 2005-277.
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 of any candidate, county
executive committee chair, state committeeman or
committeewoman, or state executive committee chair,
appoint one or more deputies whose duties shall be to
observe and examine the registration and election
processes and the condition, custody, and operation
of voting systems and equipment in any county or
municipality. The deputy shall have access to all
registration books and records as well as any other
records or procedures relating to the voting process.
The deputy may supervise preparation of the voting
equipment and procedures for election, and it shall be
unlawful for any person to obstruct the deputy in the
performance of his or her duty. The deputy shall file with
the Department of State a report of his or her findings
and observations of the registration and election
processes in the county or municipality, and a copy of
the report shall also be filed with the clerk of the circuit
court of said county. The compensation of such
deputies shall be fixed by the Department of State;
and costs incurred under this section shall be paid from
the annual operating appropriation made to the Depart
ment of State.
(2) Upon the written direction of the Secretary of
State, any employee of the Department of State having
expertise in the matter of concern to the Secretary of
State shall have full access to all premises, records,
equipment, and staff of the supervisor of elections.
History.—s. 13, ch. 18405, 1937; CGL 1940 Supp. 337(28-b); s. 5, ch. 26870,
1951; s. 1, ch. 63-256; ss. 10, 35, ch. 69-106; s. 1, ch. 73-305; s. 21, ch. 77-175; s.
26, ch. 89-338; s. 584, ch. 95-147; s. 23, ch. 2001-40; s. 40, ch. 2005-277.
Note.—Former s. 100.31.
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 of the voting systems used in randomly
selected precincts.
(2) The audit shall consist of a public manual tally of
the votes cast in one randomly selected race that
appears on the ballot. The tally sheet shall include
election-day, absentee, early voting, provisional, and
overseas ballots, in at least 1 percent but no more than 2
percent of the precincts chosen at random by the county
canvassing board or the local board responsible for
certifying the election. If 1 percent of the precincts is less
than one entire precinct, the audit shall be conducted
using at least one precinct chosen at random by the
county canvassing board or the local board responsible
for certifying the election. Such precincts shall be
selected at a publicly noticed canvassing board meet
ing.
(3) The canvassing board shall post a notice of the
audit, including the date, time, and place, in four
conspicuous places in the county and on the home
page of the county supervisor of elections website.
(4) The audit must be completed and the results
made public no later than 11:59 p.m. on the 7th day
following certification of the election by the county
canvassing board or the local board responsible for
certifying the election.
(5) Within 15 days after completion of the audit, the
county canvassing board or the board responsible for
certifying the election shall provide a report with the
results of the audit to the Department of State in a
standard format as prescribed by the department. The
report shall contain, but is not limited to, the following
items:
(a) The overall accuracy of audit.
(b) A description of any problems or discrepancies
encountered.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
(c) The likely cause of such problems or discrepan
cies.
(d) Recommended corrective action with respect to
avoiding or mitigating such circumstances in future
elections.
(6) If a manual recount is undertaken pursuant to s.
102.166, the canvassing board is not required to
perform the audit provided for in this section.
History.—s. 14, ch. 89-348; s. 41, ch. 97-13; s. 8, ch. 2007-30; s. 36, ch.
2011-40.
101.5911 Rulemaking authority for voting sys
tem audit procedures.—Effective upon this act be
coming a law, the Department of State shall adopt rules
to implement the provisions of s. 101.591, as amended
by s. 8, chapter 2007-30, Laws of Florida, which
prescribe detailed audit procedures for each voting
system, which shall be uniform to the extent practicable,
along with the standard form for audit reports.
History.—s. 9, ch. 2007-30.
101.595 Analysis and reports of voting pro
blems.—
(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 total number
of overvotes and undervotes in the “President and Vice
President” or “Governor and Lieutenant Governor” race
that appears first on the ballot or, if neither appears, the
first race appearing on the ballot pursuant to s.
101.151(2), along with the likely reasons for such
overvotes and undervotes and other information as
may be useful in evaluating the performance of the
voting system and identifying problems with ballot
design and instructions which may have contributed
to voter confusion.
(2) The Department of State, upon receipt of such
information, shall prepare a public report on the
performance of each type of voting system. The report
must contain, but is not limited to, the following
information:
(a) An identification of problems with the ballot
design or instructions which may have contributed to
voter confusion;
(b) An identification of voting system design pro
blems; and
(c) Recommendations for correcting any problems
identified.
(3) The Department of State shall submit the report
to the Governor, the President of the Senate, and the
Speaker of the House of Representatives by January 31
of each year following a general election.
History.—s. 24, ch. 2001-40; s. 16, ch. 2002-17; s. 41, ch. 2005-277.
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 one of the
following subdivisions of government are the only
electors eligible to vote:
a. Counties;
b. Cities;
c. School districts covering no more than one
county; or
d. Special districts;
2. The governing body responsible for calling the
election and the supervisor of elections responsible for
the conduct of the election authorize the use of mail
ballots for the election; and
3. The Secretary of State approves a written plan for
the conduct of the election, which shall include a written
timetable for the conduct of the election, submitted by
the supervisor of elections.
(b) In addition, an annexation referendum which
includes only qualified electors of one county may
also be voted on by mail ballot election.
(2) The following elections may not be conducted by
mail ballot:
(a) An election at which any candidate is nominated,
elected, retained, or recalled; or
(b) An election held on the same date as another
election, other than a mail ballot election, in which the
qualified electors of that political subdivision are eligible
to cast ballots.
(3) The supervisor of elections shall be responsible
for the conduct of any election held under ss. 101.6101
101.6107.
(4) The costs of a mail ballot election shall be borne
by the jurisdiction initiating the calling of the election,
unless otherwise provided by law.
(5) Nothing in this section shall be construed to
prohibit the use of a mail ballot election in a municipal
annexation referendum requiring separate vote of the
registered electors of the annexing municipality and of
the area proposed to be annexed. If a mail ballot
election is authorized for a municipal annexation
referendum, the provisions of ss. 101.6101-101.6107
shall control over any conflicting provisions of s.
171.0413.
History.—s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315.
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
instructions sufficient to describe the voting process to
each elector entitled to vote in the election not sooner
than the 20th day before the election and not later than
the 10th day before the date of the election. All such
ballots shall be mailed by first-class mail. Ballots shall
be addressed to each elector at the address appearing
in the registration records and placed in an envelope
which is prominently marked “Do Not Forward.”
(2) Upon receipt of the ballot the elector shall mark
the ballot, place it in the secrecy envelope, sign the
return mailing envelope supplied with the ballot, and
comply with the instructions provided with the ballot.
The elector shall mail, deliver, or have delivered the
marked ballot so that it reaches the supervisor of
elections no later than 7 p.m. on the day of the election.
The ballot must be returned in the return mailing
envelope.
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
(3) The return mailing envelope shall contain a
statement in substantially the following form:
VOTER’S CERTIFICATE
I, (Print Name) , do solemnly swear (or affirm) that I am
a qualified voter in this election and that I have not and
will not vote more than one ballot in this election.
I understand that failure to sign this certificate and
give my residence address will invalidate my ballot.
(Signature)
(Residence Address)
(4) If the ballot is destroyed, spoiled, lost, or not
received by the elector, the elector may obtain a
replacement ballot from the supervisor of elections as
provided in this subsection. An elector seeking a
replacement ballot shall sign a sworn statement that
the ballot was destroyed, spoiled, lost, or not received
and present such statement to the supervisor of
elections prior to 7 p.m. on the day of the election.
The supervisor of elections shall keep a record of each
replacement ballot provided under this subsection.
(5) A ballot shall be counted only if:
(a) It is returned in the return mailing envelope;
(b) The elector’s signature has been verified as
provided in this subsection; and
(c) It is received by the supervisor of elections not
later than 7 p.m. on the day of the election.
The supervisor of elections shall verify the signature of
each elector on the return mailing envelope with the
signature on the elector’s registration records. Such
verification may commence at any time prior to the
canvass of votes. The supervisor of elections shall
safely keep the ballot unopened in his or her office until
the county canvassing board canvasses the vote. If the
supervisor of elections determines that an elector to
whom a replacement ballot has been issued under
subsection (4) has voted more than once, the canvas
sing board shall determine which ballot, if any, is to be
counted.
(6) The canvassing board may begin the canvassing
of mail ballots at 7 a.m. on the sixth day before the
election, including processing the ballots through the
tabulating equipment. However, results may not be
released until after 7 p.m. on election day. Any
canvassing board member or election employee who
releases any result before 7 p.m. on election day
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(7) With respect to absent electors overseas entitled
to vote in the election, the supervisor of elections shall
mail an official ballot with a secrecy envelope, a return
mailing envelope, and instructions sufficient to describe
the voting process to each such elector on a date
sufficient to allow such elector time to vote in the
election and to have his or her marked ballot reach the
supervisor by 7 p.m. on the day of the election.
(8) A ballot that otherwise satisfies the requirements
of subsection (5) shall be counted even if the elector
dies after mailing the ballot but before election day, as
long as, prior to the death of the voter, the ballot was:
(a) Postmarked by the United States Postal Service;
(b) Date-stamped with a verifiable tracking number
by common carrier; or
(c) Already in the possession of the supervisor of
elections.
History.—s. 1, ch. 87-364; s. 585, ch. 95-147; s. 42, ch. 2005-277; s. 29, ch.
2007-30.
101.6104 Challenge of votes.—If any elector pre
sent for the canvass of votes believes that any ballot is
illegal due to any defect apparent on the voter’s
certificate, the elector may, at any time before the ballot
is removed from the envelope, file with the canvassing
board a protest against the canvass of such ballot,
specifying the reason he or she believes the ballot to be
illegal. No challenge based upon any defect on the
voter’s certificate shall be accepted after the ballot has
been removed from the return mailing envelope.
History.—s. 1, ch. 87-364; s. 586, ch. 95-147.
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 not conflict with the
provisions of ss. 101.6101-101.6107.
History.—s. 1, ch. 87-364.
101.6106 Application of other election laws.—All
laws that are applicable to general elections are
applicable to mail ballot elections to the extent applic
able.
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 receive an
absentee ballot for all elections through the end of the
calendar year of the second ensuing regularly sched
uled general election, unless the elector or the elector’s
designee indicates at the time the request is made the
elections for which the elector desires to receive an
absentee ballot. Such request may be considered
canceled when any first-class mail sent by the super
visor to the elector is returned as undeliverable.
(b) The supervisor may accept a written or telepho
nic request for an absentee ballot from the elector, or, if
directly instructed by the elector, a member of the
elector’s immediate family, or the elector’s legal guar
dian. For purposes of this section, the term “immediate
family” has the same meaning as specified in paragraph
(4)(c). The person making the request must disclose:
1. The name of the elector for whom the ballot is
requested.
2. The elector’s address.
3. The elector’s date of birth.
4. The requester’s name.
5. The requester’s address.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
6. The requester’s driver’s license number, if avail
able.
7. The requester’s relationship to the elector.
8. The requester’s signature (written requests only).
(c) Upon receiving a request for an absentee ballot
from an absent voter, the supervisor of elections shall
notify the voter of the free access system that has been
designated by the department for determining the status
of his or her absentee ballot.
(2) A request for an absentee ballot to be mailed to a
voter must be received no later than 5 p.m. on the sixth
day before the election by the supervisor of elections.
The supervisor of elections shall mail absentee ballots
to voters requesting ballots by such deadline no later
than 4 days before the election.
(3) For each request for an absentee ballot received,
the supervisor shall record the date the request was
made, the date the absentee ballot was delivered to the
voter or the voter’s designee or the date the absentee
ballot was delivered to the post office or other carrier,
the date the ballot was received by the supervisor, and
such other information he or she may deem necessary.
This information shall be provided in electronic format
as provided by rule adopted by the division. The
information shall be updated and made available no
later than 8 a.m. of each day, including weekends,
beginning 60 days before the primary until 15 days after
the general election and shall be contemporaneously
provided to the division. This information shall be
confidential and exempt from the provisions of s.
119.07(1) and shall be made available to or reproduced
only for the voter requesting the ballot, a canvassing
board, an election official, a political party or official
thereof, a candidate who has filed qualification papers
and is opposed in an upcoming election, and registered
political committees or registered committees of con
tinuous existence, for political purposes only.
(4)(a) No later than 45 days before each presidential
preference primary election, primary election, and
general election, the supervisor of elections shall
send an absentee ballot as provided in subparagraph
(c)2. to each absent uniformed services voter and to
each overseas voter who has requested an absentee
ballot.
(b) The supervisor of elections shall mail an absen
tee ballot to each absent qualified voter, other than
those listed in paragraph (a), who has requested such a
ballot, between the 35th and 28th days before the
presidential preference primary election, primary elec
tion, and general election. Except as otherwise provided
in subsection (2) and after the period described in this
paragraph, the supervisor shall mail absentee ballots
within 2 business days after receiving a request for such
a ballot.
(c) The supervisor shall provide an absentee ballot
to each elector by whom a request for that ballot has
been made by one of the following means:
1. By nonforwardable, return-if-undeliverable mail
to the elector’s current mailing address on file with the
supervisor or any other address the elector specifies in
the request.
2. By forwardable mail, e-mail, or facsimile machine
transmission to absent uniformed services voters and
overseas voters. The absent uniformed services voter
or overseas voter may designate in the absentee ballot
request the preferred method of transmission. If the
voter does not designate the method of transmission,
the absentee ballot shall be mailed.
3. By personal delivery before 7 p.m. on election
day to the elector, upon presentation of the identification
required in s. 101.043.
4. By delivery to a designee on election day or up to
5 days prior to the day of an election. Any elector may
designate in writing a person to pick up the ballot for the
elector; however, the person designated may not pick
up more than two absentee ballots per election, other
than the designee’s own ballot, except that additional
ballots may be picked up for members of the designee’s
immediate family. For purposes of this section, “im
mediate family” means the designee’s spouse or the
parent, child, grandparent, or sibling of the designee or
of the designee’s spouse. The designee shall provide to
the supervisor the written authorization by the elector
and a picture identification of the designee and must
complete an affidavit. The designee shall state in the
affidavit that the designee is authorized by the elector to
pick up that ballot and shall indicate if the elector is a
member of the designee’s immediate family and, if so,
the relationship. The department shall prescribe the
form of the affidavit. If the supervisor is satisfied that the
designee is authorized to pick up the ballot and that the
signature of the elector on the written authorization
matches the signature of the elector on file, the super
visor shall give the ballot to that designee for delivery to
the elector.
(5) If the department is unable to certify candidates
for an election in time to comply with paragraph (4)(a),
the Department of State is authorized to prescribe rules
for a ballot to be sent to absent uniformed services
voters and overseas voters.
(6) Nothing other than the materials necessary to
vote absentee shall be mailed or delivered with any
absentee ballot.
History.—s. 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5,
ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21, ch. 29934, 1955; s. 2, ch. 59-213; s.
32, ch. 65-380; s. 1, ch. 67-33; s. 2, ch. 69-136; s. 4, ch. 69-280; s. 2, ch. 70-93; ss.
1, 2, ch. 71-149; s. 5, ch. 73-157; s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch.
77-175; s. 40, ch. 79-400; s. 2, ch. 83-16; s. 6, ch. 83-251; s. 1, ch. 85-226; s. 4, ch.
86-199; s. 4, ch. 87-363; s. 2, ch. 87-538; s. 28, ch. 89-338; s. 20, ch. 90-360; s. 587,
ch. 95-147; s. 3, ch. 96-57; s. 25, ch. 96-406; s. 13, ch. 98-129; s. 32, ch. 99-2; s. 6,
ch. 99-140; s. 52, ch. 2001-40; s. 5, ch. 2001-75; s. 18, ch. 2003-415; s. 6, ch.
2004-33; s. 43, ch. 2005-277; s. 37, ch. 2005-278; s. 16, ch. 2005-286; s. 30, ch.
2007-30; s. 7, ch. 2010-167; s. 37, ch. 2011-40.
Note.—Former s. 101.02.
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;
and a mailing envelope, into which the absent elector
shall then place the secrecy envelope, which shall be
addressed to the supervisor and also bear on the back
side a certificate in substantially the following form:
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
Note: Please Read Instructions Carefully Before
Marking Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I,
__, do solemnly swear or affirm that I am a
qualified and registered voter of
__ County, Florida,
and that I have not and will not vote more than one ballot
in this election. I understand that if I commit or attempt to
commit any fraud in connection with voting, vote a
fraudulent ballot, or vote more than once in an election, I
can be convicted of a felony of the third degree and fined
up to $5,000 and/or imprisoned for up to 5 years. I also
understand that failure to sign this certificate will
invalidate my ballot.
(Date) (Voter’s Signature)
(2) The certificate shall be arranged on the back of
the mailing envelope so that the line for the signature of
the absent elector is across the seal of the envelope;
however, no statement shall appear on the envelope
which indicates that a signature of the voter must cross
the seal of the envelope. The absent elector shall
execute the certificate on the envelope.
(3) In lieu of the voter’s certificate provided in this
section, the supervisor of elections shall provide each
person voting absentee under the Uniformed and
Overseas Citizens Absentee Voting Act with the stan
dard oath prescribed by the presidential designee.
(4) The supervisor shall mark, code, indicate on, or
otherwise track the precinct of the absent elector for
each absentee ballot.
History.—s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5,
ch. 26870, 1951; s. 34, ch. 28156, 1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s.
33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105;
s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch.
79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch.
86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53,
ch. 2001-40; s. 19, ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch.
2005-278.
Note.—Former s. 101.04.
101.65 Instructions to absent electors.—The
supervisor shall enclose with each absentee ballot
separate printed instructions in substantially the follow
ing form:
READ THESE INSTRUCTIONS CAREFULLY BE
FORE MARKING BALLOT.
1. VERY IMPORTANT. In order to ensure that your
absentee ballot will be counted, it should be completed
and returned as soon as possible so that it can reach the
supervisor of elections of the county in which your
precinct is located no later than 7 p.m. on the day of the
election.
2. Mark your ballot in secret as instructed on the
ballot. You must mark your own ballot unless you are
unable to do so because of blindness, disability, or
inability to read or write.
3. Mark only the number of candidates or issue
choices for a race as indicated on the ballot. If you are
allowed to “Vote for One” candidate and you vote for
more than one candidate, your vote in that race will not
be counted.
4. Place your marked ballot in the enclosed secrecy
envelope.
5. Insert the secrecy envelope into the enclosed
mailing envelope which is addressed to the supervisor.
6. Seal the mailing envelope and completely fill out
the Voter’s Certificate on the back of the mailing
envelope.
7. VERY IMPORTANT. In order for your absentee
ballot to be counted, you must sign your name on the
line above (Voter’s Signature). An absentee ballot will
be considered illegal and not be counted if the signature
on the voter’s certificate does not match the signature
on record. The signature on file at the start of the
canvass of the absentee ballots is the signature that will
be used to verify your signature on the voter’s certifi
cate. If you need to update your signature for this
election, send your signature update on a voter
registration application to your supervisor of elections
so that it is received no later than the start of the
canvassing of absentee ballots, which occurs no earlier
than the 15th day before election day.
8. VERY IMPORTANT. If you are an overseas
voter, you must include the date you signed the Voter’s
Certificate on the line above (Date) or your ballot may
not be counted.
9. Mail, deliver, or have delivered the completed
mailing envelope. Be sure there is sufficient postage if
mailed.
10. FELONY NOTICE. It is a felony under Florida
law to accept any gift, payment, or gratuity in exchange
for your vote for a candidate. It is also a felony under
Florida law to vote in an election using a false identity or
false address, or under any other circumstances making
your ballot false or fraudulent.
History.—s. 5, ch. 7380, 1917; RGS 372; CGL 433; s. 1, ch. 25385, 1949; s. 5,
ch. 26870, 1951; s. 35, ch. 28156, 1953; s. 23, ch. 29934, 1955; s. 34, ch. 65-380; s.
4, ch. 71-149; s. 9, ch. 72-63; s. 2, ch. 73-105; s. 7, ch. 73-157; ss. 3, 4, ch. 75-174;
s. 23, ch. 77-175; s. 2, ch. 81-106; s. 10, ch. 81-304; s. 11, ch. 82-143; s. 7, ch.
83-251; s. 3, ch. 85-226; s. 2, ch. 86-33; s. 589, ch. 95-147; s. 5, ch. 96-57; s. 16, ch.
98-129; s. 33, ch. 99-2; s. 54, ch. 2001-40; s. 20, ch. 2003-415; s. 2, ch. 2004-232; s.
38, ch. 2011-40.
Note.—Former s. 101.05.
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, or
nursing home facility, as defined in s. 400.021, within
that county at the request of any administrator of such a
facility. Such request for supervised voting in the facility
shall be made by submitting a written request to the
supervisor of elections no later than 21 days prior to the
election for which that request is submitted. The request
shall specify the name and address of the facility and
the name of the electors who wish to vote absentee in
that election. If the request contains the names of fewer
than five voters, the supervisor of elections is not
required to provide supervised voting.
(2) The supervisor of elections may, in the absence
of a request from the administrator of a facility, provide
for supervised voting in the facility for those persons
who have requested absentee ballots. The supervisor of
elections shall notify the administrator of the facility that
supervised voting will occur.
(3) The supervisor of elections shall, in cooperation
with the administrator of the facility, select a date and
time when the supervised voting will occur.
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
(4) (d) Early voting shall begin on the 10th day before an
The supervisor of elections shall designate
supervised voting teams to provide the services pre-election that contains state or federal races and end on
scribed by this section. Each supervised voting team
the 3rd day before the election, and shall be provided for
shall include at least two persons. Each supervised
no less than 6 hours and no more than 12 hours per day
voting team must include representatives of more than
at each site during the applicable period. The supervisor
one political party; however, in any primary election to
of elections may provide early voting for elections that
nominate party nominees in which only one party has
are not held in conjunction with a state or federal
candidates appearing on the ballot, all supervised voting election. However, the supervisor has the discretion to
team members may be of that party. No candidate may determine the hours of operation of early voting sites in
provide supervised voting services. those elections.
(5) The supervised voting team shall deliver the (e) Notwithstanding the requirements of s. 100.3605,
ballots to the respective absent electors, and each municipalities may provide early voting in municipal
member of the team shall jointly supervise the voting of elections that are not held in conjunction with county or
the ballots. If any elector requests assistance in voting, state elections. If a municipality provides early voting, it
the oath prescribed in s. 101.051 shall be completed may designate as many sites as necessary and shall
and the elector may receive the assistance of two conduct its activities in accordance with the provisions
members of the supervised voting team or some other of paragraphs (a)-(c). The supervisor is not required to
person of the elector’s choice to assist the elector in conduct early voting if it is provided pursuant to this
casting the elector’s ballot. subsection.
(6) Before providing assistance, the supervised (f) Notwithstanding the requirements of s. 189.405,
voting team shall disclose to the elector that the ballot special districts may provide early voting in any district
may be retained to vote at a later time and that the election not held in conjunction with county or state
elector has the right to seek assistance in voting from elections. If a special district provides early voting, it
some other person of the elector’s choice without the may designate as many sites as necessary and shall
presence of the supervised voting team. conduct its activities in accordance with the provisions
(7) If any elector declines to vote a ballot or is unable of paragraphs (a)-(c). The supervisor is not required to
to vote a ballot, the supervised voting team shall mark conduct early voting if it is provided pursuant to this
the ballot “refused to vote” or “unable to vote.” subsection.
(8) After the ballots have been voted or marked in (2) During any early voting period, each supervisor
accordance with the provisions of this section, the of elections shall make available the total number of
supervised voting team shall deliver the ballots to the voters casting a ballot at each early voting location
supervisor of elections, who shall retain them pursuant during the previous day. Each supervisor shall prepare to s. 101.67. an electronic data file listing the individual voters who History.—s. 6, ch. 96-57; s. 5, ch. 2006-197. cast a ballot during the early voting period. This
information shall be provided in electronic format as101.657 Early voting.— provided by rule adopted by the division. The informa(1)(a) As a convenience to the voter, the supervisor tion shall be updated and made available no later than of elections shall allow an elector to vote early in the noon of each day and shall be contemporaneouslymain or branch office of the supervisor. The supervisor provided to the division. shall mark, code, indicate on, or otherwise track the (3) The ballot of each elector voting early shall be voter’s precinct for each early voted ballot. In order for a counted even if the elector dies on or before election branch office to be used for early voting, it shall be a day.permanent facility of the supervisor and shall have been
(4)(a) The elector must provide identification anddesignated and used as such for at least 1 year prior to
must complete an Early Voting Voter Certificate inthe election. The supervisor may also designate any city
substantially the following form: hall or permanent public library facility as early voting
sites; however, if so designated, the sites must be EARLY VOTING VOTER CERTIFICATE geographically located so as to provide all voters in the
county an equal opportunity to cast a ballot, insofar as is I,
__, am a qualified elector in this election and practicable. The results or tabulation of votes cast registered voter of
__ County, Florida. I do solemnly during early voting may not be made before the close swear or affirm that I am the person so listed on the of the polls on election day. Results shall be reported by voter registration rolls of __County and that I reside at precinct. the listed address. I understand that if I commit or (b) The supervisor shall designate each early voting attempt to commit fraud in connection with voting, vote a site by no later than the 30th day prior to an election and fraudulent ballot, or vote more than once in an election I shall designate an early voting area, as defined in s. could be convicted of a felony of the third degree and 97.021, at each early voting site. The supervisor shall both fined up to $5,000 and imprisoned for up to 5 years. provide to the division no later than the 30th day before I understand that my failure to sign this certificate an election the address of each early voting site and the invalidates my ballot. hours that early voting will occur at each site.
(c) All early voting sites in a county shall allow any (Voter’s Signature)
person in line at the closing of an early voting site to
vote. (Address)
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
(City/State)
(b) Any elector may challenge an elector seeking to
vote early under the provisions of s. 101.111. Any
challenged voter must vote a provisional ballot. The
canvassing board shall review the ballot and decide the
validity of the ballot by majority vote.
(c) The canvass of returns for ballots cast under this
subsection shall be substantially the same as votes cast
by electors in precincts, as provided in s. 101.5614.
History.—s. 17, ch. 98-129; s. 2, ch. 2000-249; s. 55, ch. 2001-40; s. 21, ch.
2003-415; s. 7, ch. 2004-232; s. 13, ch. 2004-252; s. 45, ch. 2005-277; s. 39, ch.
2005-278; s. 39, ch. 2011-40.
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 to read or write, who
may have some person of the elector’s choice, other
than the elector’s employer, an agent of the employer,
or an officer or agent of the elector’s union, mark the
elector’s choices or assist the elector in marking his or
her choices on the ballot.
(2) As otherwise provided in s. 101.051 or s.
101.655.
History.—s. 18, ch. 98-129.
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 a disability. The Depart
ment of State shall work with the supervisors of
elections and the disability community to develop and
implement procedures and technologies, as possible,
which will include procedures for providing absentee
ballots, upon request, in alternative formats that will
allow all voters to cast a secret, independent, and
verifiable absentee ballot without the assistance of
another person.
History.—s. 14, ch. 2002-281.
101.663 Electors; change of residence to an
other 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
shall be permitted to vote absentee in the county of his
or her former residence for the offices of President and
Vice President of the United States.
History.—s. 1, ch. 69-136; s. 11, ch. 69-280; s. 4, ch. 73-157; s. 31, ch. 73-333;
s. 3, ch. 77-175; s. 1, ch. 79-365; s. 22, ch. 94-224; s. 1392, ch. 95-147; s. 46, ch.
2005-277; s. 40, ch. 2005-278.
Note.—Former s. 97.102.
101.665 Administration of oaths; military per
sonnel, federal employees, and other absentee
registrants.—For the purposes of this code, oaths
may be administered and attested by any commis
sioned officer in the active service of the Armed Forces,
any member of the Merchant Marine of the United
States designated for this purpose by the Secretary of
Commerce, any civilian official empowered by state or
federal law to administer oaths, any supervisor of
elections, deputy supervisor of elections, or employee
of the supervisor of elections when designated by the
supervisor of elections, or any civilian employee
designated by the head of any department or agency
of the United States, except when this code requires an
oath to be administered and attested by another official
specifically named.
History.—s. 6, ch. 29904, 1955; s. 42, ch. 65-380; s. 4, ch. 72-63; s. 3, ch.
77-175; s. 17, ch. 94-224; s. 19, ch. 98-129.
Note.—Former s. 101.695; s. 97.065.
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 shall,
before the canvassing of the election returns, deliver the
envelopes to the county canvassing board along with
his or her file or list kept regarding said ballots.
(2) All marked absent electors’ ballots to be counted
must be received by the supervisor by 7 p.m. the day of
the election. All ballots received thereafter shall be
marked with the time and date of receipt and filed in the
supervisor’s office.
History.—s. 2, ch. 11824, 1927; CGL 436; s. 1, ch. 25385, 1949; s. 5, ch. 26870,
1951; s. 24, ch. 29934, 1955; s. 24, ch. 57-1; s. 35, ch. 65-380; s. 5, ch. 71-149; s.
23, ch. 77-175; s. 590, ch. 95-147.
Note.—Former s. 101.07.
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 the
elector on the voter’s certificate with the signature of the
elector in the registration books to determine whether
the elector is duly registered in the county and may
record on the elector’s registration certificate that the
elector has voted. However, effective July 1, 2005, an
elector who dies after casting an absentee ballot but on
or before election day shall remain listed in the
registration books until the results have been certified
for the election in which the ballot was cast. The
supervisor shall safely keep the ballot unopened in
his or her office until the county canvassing board
canvasses the vote. After an absentee ballot is received
by the supervisor, the ballot is deemed to have been
cast, and changes or additions may not be made to the
voter’s certificate.
(2)(a) The county canvassing board may begin the
canvassing of absentee ballots at 7 a.m. on the 15th day
before the election, but not later than noon on the day
following the election. In addition, for any county using
electronic tabulating equipment, the processing of
absentee ballots through such tabulating equipment
may begin at 7 a.m. on the 15th day before the election.
However, notwithstanding any such authorization to
begin canvassing or otherwise processing absentee
ballots early, no result shall be released until after the
closing of the polls in that county on election day. Any
supervisor of elections, deputy supervisor of elections,
canvassing board member, election board member, or
election employee who releases the results of a
canvassing or processing of absentee ballots prior to
the closing of the polls in that county on election day
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) To ensure that all absentee ballots to be counted
by the canvassing board are accounted for, the
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
canvassing board shall compare the number of ballots
in its possession with the number of requests for ballots
received to be counted according to the supervisor’s file
or list.
(c)1. The canvassing board shall, if the supervisor
has not already done so, compare the signature of the
elector on the voter’s certificate with the signature of the
elector in the registration books to see that the elector is
duly registered in the county and to determine the
legality of that absentee ballot. The ballot of an elector
who casts an absentee ballot shall be counted even if
the elector dies on or before election day, as long as,
prior to the death of the voter, the ballot was postmarked
by the United States Postal Service, date-stamped with
a verifiable tracking number by common carrier, or
already in the possession of the supervisor of elections.
An absentee ballot shall be considered illegal if it does
not include the signature of the elector, as shown by the
registration records. However, an absentee ballot shall
not be considered illegal if the signature of the elector
does not cross the seal of the mailing envelope. If the
canvassing board determines that any ballot is illegal, a
member of the board shall, without opening the
envelope, mark across the face of the envelope:
“rejected as illegal.” The envelope and the ballot
contained therein shall be preserved in the manner
that official ballots voted are preserved.
2. If any elector or candidate present believes that
an absentee ballot is illegal due to a defect apparent on
the voter’s certificate, he or she may, at any time before
the ballot is removed from the envelope, file with the
canvassing board a protest against the canvass of that
ballot, specifying the precinct, the ballot, and the reason
he or she believes the ballot to be illegal. A challenge
based upon a defect in the voter’s certificate may not be
accepted after the ballot has been removed from the
mailing envelope.
(d) The canvassing board shall record the ballot
upon the proper record, unless the ballot has been
previously recorded by the supervisor. The mailing
envelopes shall be opened and the secrecy envelopes
shall be mixed so as to make it impossible to determine
which secrecy envelope came out of which signed
mailing envelope; however, in any county in which an
electronic or electromechanical voting system is used,
the ballots may be sorted by ballot styles and the mailing
envelopes may be opened and the secrecy envelopes
mixed separately for each ballot style. The votes on
absentee ballots shall be included in the total vote of the
county.
(3) The supervisor or the chair of the county
canvassing board shall, after the board convenes,
have custody of the absentee ballots until a final
proclamation is made as to the total vote received by
each candidate.
(4) The supervisor of elections shall, on behalf of the
county canvassing board, notify each elector whose
ballot was rejected as illegal because of a difference
between the elector’s signature on the ballot and that on
the elector’s voter registration record. The supervisor
shall mail a voter registration application to the elector to
be completed indicating the elector’s current signature.
This section does not prohibit the supervisor from
providing additional methods for updating an elector’s
signature.
History.—s. 5, ch. 26870, 1951; s. 37, ch. 28156, 1953; s. 36, ch. 65-380; s. 6,
ch. 69-280; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 41, ch. 79-400; s. 3, ch. 86-33; s.
591, ch. 95-147; s. 7, ch. 96-57; s. 20, ch. 98-129; s. 56, ch. 2001-40; s. 17, ch.
2002-17; s. 3, ch. 2004-232; s. 47, ch. 2005-277; s. 31, ch. 2007-30; s. 40, ch.
2011-40.
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 an election or at an
early voting site, notwithstanding that the elector has
requested an absentee ballot for that election. An
elector who has returned a voted absentee ballot to
the supervisor, however, is deemed to have cast his or
her ballot and is not entitled to vote another ballot or to
have a provisional ballot counted by the county canvas
sing board. An elector who has received an absentee
ballot and has not returned the voted ballot to the
supervisor, but desires to vote in person, shall return the
ballot, whether voted or not, to the election board in the
elector’s precinct or to an early voting site. The returned
ballot shall be marked “canceled” by the board and
placed with other canceled ballots. However, if the
elector does not return the ballot and the election
official:
(1) Confirms that the supervisor has received the
elector’s absentee ballot, the elector shall not be
allowed to vote in person. If the elector maintains that
he or she has not returned the absentee ballot or
remains eligible to vote, the elector shall be provided a
provisional ballot as provided in s. 101.048.
(2) Confirms that the supervisor has not received the
elector’s absentee ballot, the elector shall be allowed to
vote in person as provided in this code. The elector’s
absentee ballot, if subsequently received, shall not be
counted and shall remain in the mailing envelope, and
the envelope shall be marked “Rejected as Illegal.”
(3) Cannot determine whether the supervisor has
received the elector’s absentee ballot, the elector may
vote a provisional ballot as provided in s. 101.048.
History.—s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s.
37, ch. 65-380; s. 23, ch. 77-175; s. 592, ch. 95-147; s. 8, ch. 96-57; s. 38, ch.
2001-40; s. 18, ch. 2002-17; s. 48, ch. 2005-277.
Note.—Former s. 101.11.
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 certification required by
s. 97.0535 by the time the absentee ballot is mailed.
(2) The supervisor shall enclose with each absentee
ballot three envelopes: a secrecy envelope, into which
the absent elector will enclose his or her marked ballot;
an envelope containing the Voter’s Certificate, into
which the absent elector shall place the secrecy
envelope; and a mailing envelope, which shall be
addressed to the supervisor and into which the absent
elector will place the envelope containing the Voter’s
Certificate and a copy of the required identification.
(3) The Voter’s Certificate shall be in substantially
the following form:
68
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
Note: Please Read Instructions Carefully Before Mark
ing Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I,
__, do solemnly swear or affirm that I am a
qualified and registered voter of
__ County, Florida,
and that I have not and will not vote more than one ballot
in this election. I understand that if I commit or attempt to
commit any fraud in connection with voting, vote a
fraudulent ballot, or vote more than once in an election, I
can be convicted of a felony of the third degree and fined
up to $5,000 and/or imprisoned for up to 5 years. I also
understand that failure to sign this certificate will
invalidate my ballot. I understand that unless I meet
one of the exemptions below, I must provide a copy of a
current and valid identification as provided in the
instruction sheet to the supervisor of elections in
order for my ballot to count.
I further certify that I am exempt from the require
ments to furnish a copy of a current and valid
identification with my ballot because of one or more of
the following (check all that apply):
☐ I am 65 years of age or older.
☐ I have a permanent or temporary physical disability.
☐ I am a member of a uniformed service on active
duty who, by reason of such active duty, will be absent
from the county on election day.
☐ I am a member of the Merchant Marine who, by
reason of service in the Merchant Marine, will be absent
from the county on election day.
☐ I am the spouse or dependent of a member of the
uniformed service or Merchant Marine who, by reason
of the active duty or service of the member, will be
absent from the county on election day.
☐ I am currently residing outside the United States.
(Date) Voter’s Signature
(4) The certificate shall be arranged on the back of
the envelope so that the line for the signature of the
absent elector is across the seal of the envelope.
History.—s. 22, ch. 2003-415; s. 4, ch. 2004-232; s. 41, ch. 2005-278.
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 information required by
s. 97.0535 by the time the absentee ballot is mailed.
(2) A voter covered by this section shall be provided
with printed instructions with his or her absentee ballot
in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BE
FORE MARKING YOUR BALLOT. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE
YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your absentee ballot will be
counted, it should be completed and returned as soon
as possible so that it can reach the supervisor of
elections of the county in which your precinct is located
no later than 7 p.m. on the date of the election.
2. Mark your ballot in secret as instructed on the
ballot. You must mark your own ballot unless you are
unable to do so because of blindness, disability, or
inability to read or write.
3. Mark only the number of candidates or issue
choices for a race as indicated on the ballot. If you are
allowed to “Vote for One” candidate and you vote for
more than one, your vote in that race will not be counted.
4. Place your marked ballot in the enclosed secrecy
envelope and seal the envelope.
5. Insert the secrecy envelope into the enclosed
envelope bearing the Voter’s Certificate. Seal the
envelope and completely fill out the Voter’s Certificate
on the back of the envelope.
a. You must sign your name on the line above
(Voter’s Signature).
b. If you are an overseas voter, you must include the
date you signed the Voter’s Certificate on the line above
(Date) or your ballot may not be counted.
c. An absentee ballot will be considered illegal and
will not be counted if the signature on the Voter’s
Certificate does not match the signature on record. The
signature on file at the start of the canvass of the
absentee ballots is the signature that will be used to
verify your signature on the Voter’s Certificate. If you
need to update your signature for this election, send
your signature update on a voter registration application
to your supervisor of elections so that it is received no
later than the start of canvassing of absentee ballots,
which occurs no earlier than the 15th day before
election day.
6. Unless you meet one of the exemptions in Item
7., you must make a copy of one of the following forms
of identification:
a. Identification which must include your name and
photograph: United States passport; debit or credit card;
military identification; student identification; retirement
center identification; neighborhood association identifi
cation; or public assistance identification; or
b. Identification which shows your name and current
residence address: current utility bill, bank statement,
government check, paycheck, or government document
(excluding voter identification card).
7. The identification requirements of Item 6. do not
apply if you meet one of the following requirements:
a. You are 65 years of age or older.
b. You have a temporary or permanent physical
disability.
c. You are a member of a uniformed service on
active duty who, by reason of such active duty, will be
absent from the county on election day.
d. You are a member of the Merchant Marine who,
by reason of service in the Merchant Marine, will be
absent from the county on election day.
e. You are the spouse or dependent of a member
referred to in paragraph c. or paragraph d. who, by
reason of the active duty or service of the member, will
be absent from the county on election day.
f. You are currently residing outside the United
States.
8. Place the envelope bearing the Voter’s Certificate
into the mailing envelope addressed to the supervisor.
Insert a copy of your identification in the mailing
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
envelope. DO NOT PUT YOUR IDENTIFICATION
INSIDE THE SECRECY ENVELOPE WITH THE BAL
LOT OR INSIDE THE ENVELOPE WHICH BEARS
THE VOTER’S CERTIFICATE OR YOUR BALLOT
WILL NOT COUNT.
9. Mail, deliver, or have delivered the completed
mailing envelope. Be sure there is sufficient postage if
mailed.
10. FELONY NOTICE. It is a felony under Florida
law to accept any gift, payment, or gratuity in exchange
for your vote for a candidate. It is also a felony under
Florida law to vote in an election using a false identity or
false address, or under any other circumstances making
your ballot false or fraudulent.
History.—s. 23, ch. 2003-415; s. 5, ch. 2004-232; s. 49, ch. 2005-277; s. 42, ch.
2005-278; s. 22, ch. 2008-95; s. 41, ch. 2011-40.
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
opened to determine if the voter has enclosed the
identification required or has indicated on the Voter’s
Certificate that he or she is exempt from the identifica
tion requirements.
(2) If the identification is enclosed or the voter has
indicated that he or she is exempt from the identification
requirements, the supervisor shall make the note on the
registration records of the voter and proceed to canvass
the absentee ballot as provided in s. 101.68.
(3) If the identification is not enclosed in the mailing
envelope and the voter has not indicated that he or she
is exempt from the identification requirements, the
supervisor shall check the voter registration records to
determine if the voter’s identification was previously
received or the voter had previously notified the super
visor that he or she was exempt. The envelope with the
Voter’s Certificate shall not be opened unless the
identification has been received or the voter has
indicated that he or she is exempt. The ballot shall be
treated as a provisional ballot until 7 p.m. on election
day and shall not be canvassed unless the supervisor
has received the required identification or written
indication of exemption by 7 p.m. on election day.
History.—s. 24, ch. 2003-415.
101.694 Mailing of ballots upon receipt of fed
eral 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
to register or update the registration of that person, the
supervisor shall send the ballot in accordance with s.
101.62(4).
(2) Upon receipt of a federal postcard application for
an absentee ballot executed by a person whose
registration is not in order and whose application is
insufficient to register or update the registration of that
person, the supervisor shall follow the procedure set
forth in s. 97.073.
(3) Absentee envelopes printed for voters entitled to
vote absentee under the Uniformed and Overseas
Citizens Absentee Voting Act shall meet the specifica
tions as determined by the Federal Voting Assistance
Program of the United States Department of Defense
and the United States Postal Service.
(4) Cognizance shall be taken of the fact that
absentee ballots and other materials such as instruc
tions and envelopes are to be carried via air mail, and, to
the maximum extent possible, such ballots and materi
als shall be reduced in size and weight of paper. The
same ballot shall be used, however, as is used by other
absentee voters.
History.—s. 5, ch. 29904, 1955; ss. 4, 5, ch. 59-217; s. 41, ch. 65-380; s. 12, ch.
69-280; s. 23, ch. 77-175; s. 20, ch. 81-304; s. 37, ch. 94-224; s. 9, ch. 96-57; s. 25,
ch. 2003-415; s. 50, ch. 2005-277; s. 8, ch. 2010-167.
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 the
county of registration. In order to receive a state write-in
ballot, the voter shall state that due to military or other
contingencies that preclude normal mail delivery, the
voter cannot vote an absentee ballot during the normal
absentee voting period. State write-in absentee ballots
shall be made available to voters 90 to 180 days prior to
a general election. The Department of State shall
prescribe by rule the form of the state write-in ballot.
(2) In completing the ballot, the overseas voter may
designate his or her choice by writing in the name of the
candidate or by writing in the name of a political party, in
which case the ballot must be counted for the candidate
of that political party, if there is such a party candidate
on the ballot.
(3) Any abbreviation, misspelling, or other minor
variation in the form of the name of a candidate or a
political party must be disregarded in determining the
validity of the ballot if there is a clear indication on the
ballot that the voter has made a definite choice.
(4) The state write-in ballot shall contain all offices,
federal, state, and local, for which the voter would
otherwise be entitled to vote.
History.—s. 48, ch. 2001-40.
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
supervisor of elections shall:
(a) Record the voter’s e-mail address in the absen
tee ballot record;
(b) Confirm by e-mail that the absentee ballot
request was received and include in that e-mail the
estimated date the absentee ballot will be sent to the
voter; and
(c) Notify the voter by e-mail when the voted
absentee ballot is received by the supervisor of elec
tions.
(2)(a) An absent uniformed services voter or an
overseas voter who makes timely application for but
does not receive an official absentee ballot may use the
federal write-in absentee ballot to vote in any federal
election and any state or local election involving two or
more candidates.
(b)1. In an election for federal office, an elector may
designate a candidate by writing the name of a
70
F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
candidate on the ballot. Except for a primary or special
primary election, the elector may alternatively designate
a candidate by writing the name of a political party on
the ballot. A written designation of the political party
shall be counted as a vote for the candidate of that party
if there is such a party candidate in the race.
2. In an election for a state or local office, an elector
may vote in the section of the federal write-in absentee
ballot designated for nonfederal races by writing on the
ballot the title of each office and by writing on the ballot
the name of the candidate for whom the elector is
voting. Except for a primary, special primary, or non
partisan election, the elector may alternatively desig
nate a candidate by writing the name of a political party
on the ballot. A written designation of the political party
shall be counted as a vote for the candidate of that party
if there is such a party candidate in the race.
(c) In the case of a joint candidacy, such as for the
offices of President/Vice President or Governor/Lieute
nant Governor, a valid vote for one or both qualified
candidates on the same ticket shall constitute a vote for
the joint candidacy.
(d) For purposes of this subsection and except
where the context clearly indicates otherwise, such as
where a candidate in the election is affiliated with a
political party whose name includes the word “Indepen
dent,” “Independence,” or similar term, a voter designa
tion of “No Party Affiliation” or “Independent,” or any
minor variation, misspelling, or abbreviation thereof,
shall be considered a designation for the candidate,
other than a write-in candidate, who qualified to run in
the race with no party affiliation. If more than one
candidate qualifies to run as a candidate with no party
affiliation, the designation shall not count for any
candidate unless there is a valid, additional designation
of the candidate’s name.
(e) Any abbreviation, misspelling, or other minor
variation in the form of the name of an office, the
name of a candidate, or the name of a political party
must be disregarded in determining the validity of the
ballot.
(3)(a) An absent uniformed services voter or an
overseas voter who submits a federal write-in absentee
ballot and later receives an official absentee ballot may
submit the official absentee ballot. An elector who
submits a federal write-in absentee ballot and later
receives and submits an official absentee ballot should
make every reasonable effort to inform the appropriate
supervisor of elections that the elector has submitted
more than one ballot.
(b) A federal write-in absentee ballot may not be
canvassed until 7 p.m. on the day of the election. Each
federal write-in absentee ballot received by 7 p.m. on
the day of the election shall be canvassed pursuant to
ss. 101.5614(5) and 101.68, unless the elector’s official
absentee ballot is received by 7 p.m. on election day. If
the elector’s official absentee ballot is received by 7 p.m.
on election day, the federal write-in absentee ballot is
invalid and the official absentee ballot shall be can
vassed. The time shall be regulated by the customary
time in standard use in the county seat of the locality.
(4) For absentee ballots received from absent uni
formed services voters or overseas voters, there is a
presumption that the envelope was mailed on the date
stated on the outside of the return envelope, regardless
of the absence of a postmark on the mailed envelope or
the existence of a postmark date that is later than the
date of the election.
History.—s. 49, ch. 2001-40; s. 6, ch. 2004-232; s. 9, ch. 2010-167; s. 1, ch.
2011-162.
101.697 Electronic transmission of election ma
terials.—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, the department shall
adopt rules to authorize a supervisor of elections to
accept from an overseas voter a request for an
absentee ballot or a voted absentee ballot by secure
facsimile machine transmission or other secure electro
nic means. The rules must provide that in order to
accept a voted ballot, the verification of the voter must
be established, the security of the transmission must be
established, and each ballot received must be recorded.
History.—s. 50, ch. 2001-40; s. 51, ch. 2005-277.
101.698 Absentee voting in emergency situa
tions.—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
methods of voting for overseas voters impossible or
unreasonable, such as an armed conflict involving
United States Armed Forces or mobilization of those
forces, including state National Guard and reserve
components, the Elections Canvassing Commission
may adopt by emergency rules such special procedures
or requirements necessary to facilitate absentee voting
by those persons directly affected who are otherwise
eligible to vote in the election.
History.—s. 51, ch. 2001-40.
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 by a board of inspectors
and clerk of election. Only one elector shall be allowed
to enter any voting booth at a time; no one except
inspectors shall be allowed to speak to the elector while
casting his or her vote; and no inspector shall speak to
or interfere with the elector concerning his or her voting,
except to perform the duties as such inspector. Notwith
standing any other provision of this chapter, this section
shall be applicable where the computer method of
voting is in use, and adequate provision shall be
made for the privacy of the elector while casting his
or her vote.
(2) Notwithstanding the provisions of subsection (1),
whenever the supervisor of elections of any county
determines that the accommodations for holding any
election at a polling place designated for any precinct in
the county are unavailable, are inadequate for the
expeditious and efficient housing and handling of voting
and voting paraphernalia, or do not comply with the
requirements of s. 101.715, the supervisor shall, not
less than 30 days prior to the holding of an election,
provide for the voting place for such precinct to be
moved to another site that is accessible to the public on
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Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2011
election day in said precinct or, if such is not available, to
another site that is accessible to the public on election
day in a contiguous precinct. If such action of the
supervisor results in the voting place for two or more
precincts being located for the purposes of an election in
one building, the supervisor of elections shall provide
adequate supplies, equipment, and personnel are
available to accommodate the voters for the precincts
that are collocated. When any supervisor moves any
polling place pursuant to this subsection, the supervisor
shall, not more than 30 days or fewer than 7 days prior
to the holding of an election, give notice of the change of
the polling place for the precinct involved, with clear
description of the voting place to which changed, at
least once in a newspaper of general circulation in the
county and on the supervisor of elections’ website. A
notice of the change of the polling place involved shall
be mailed, at least 14 days prior to an election, to each
registered elector or to each household in which there is
a registered elector.
(3) In cases of emergency and when time does not
permit compliance with subsection (2), the supervisor of
elections shall designate a new polling place which shall
be accessible to the public on election day and shall
cause a notice to be posted at the old polling place
advising the electors of the location of the new polling
place.
(4) Each polling place shall be conspicuously identi
fied by a sign, on or near the premises of the polling
place, designating the polling place by precinct number.
Such sign shall be large enough to be clearly visible to
occupants of passing vehicular traffic on roadways
contiguous to the polling place, with letters no smaller
than 3 inches high, and shall be displayed at all times
while the polls are open on any election day.
(5) Public, tax-supported buildings shall be made
available for use as polling places upon the request of
the supervisor of elections.
History.—s. 22, ch. 3879, 1889; RS 176; s. 26, ch. 4328, 1895; s. 1, ch. 4699,
1899; GS 208; RGS 252; CGL 308; s. 5, ch. 26870, 1951; s. 1, ch. 57-385; s. 3, ch.
67-530; s. 4, ch. 69-281; s. 23, ch. 77-175; s. 4, ch. 78-188; s. 2, ch. 80-189; s. 12,
ch. 80-292; s. 1, ch. 85-38; s. 593, ch. 95-147; s. 25, ch. 2001-40; s. 15, ch.
2002-281; s. 10, ch. 2010-167.
Note.—Former s. 99.06.
101.715 Accessibility of polling places for peo
ple 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 With Disabilities Accessibility Imple
mentation Act, ss. 553.501-553.513, for all portions of
the polling place or the structure in which it is located
that voters traverse going to and from the polling place
and during the voting process, regardless of the age or
function of the building, shall be used for federal, state,
and local elections.
(3) The selection of a polling site must ensure
accessibility with respect to the following accessible
elements, spaces, scope, and technical requirements:
accessible route, space allowance and reach ranges,
protruding objects, ground and floor surfaces, parking
and passenger loading zones, curb ramps, ramps,
stairs, elevators, platform lifts, doors, entrances, path
of egress, controls and operating mechanisms, signage,
and all other minimum requirements.
(4) Standards required at each polling place, regard
less of the age of the building or function of the building,
include:
(a) For polling places that provide parking spaces for
voters, one or more signed accessible parking spaces
for disabled persons.
(b) Signage identifying an accessible path of travel to
the polling place if it differs from the primary route or
entrance.
(c) An unobstructed path of travel to the polling
place.
(d) Level, firm, stable, and slip-resistant surfaces.
(e) An unobstructed area for voting.
(f) Sufficient lighting along the accessible path of
travel and within the polling place.
(5) The Department of State may adopt rules in
accordance with s. 120.54 which are necessary to
administer this section.
History.—s. 1, ch. 76-50; s. 16, ch. 2002-281.
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 Emer
gency 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
thereof, whether accidental, natural, or caused by
human beings, in war or in peace, that results or may
result in substantial injury or harm to the population or
substantial damage to or loss of property to the extent it
will prohibit an election officer’s ability to conduct a safe
and orderly election.
History.—s. 2, ch. 92-16; s. 595, ch. 95-147.
101.733 Election emergency; purpose; elec
tions 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 order
to ensure maximum citizen participation in the electoral
process and provide a safe and orderly procedure for
persons seeking to exercise their right to vote, generally
to minimize to whatever degree possible a person’s
exposure to danger during declared states of emer
gency, and to protect the integrity of the electoral
process, it is hereby found and declared to be neces
sary to designate a procedure for the emergency
suspension or delay and rescheduling of elections.
(1) The Governor may, upon issuance of an execu
tive order declaring a state of emergency or impending
emergency, suspend or delay any election. The Gov
ernor may take such action independently or at the
request of the Secretary of State, a supervisor of
elections from a county affected by the emergency
circumstances, or a municipal clerk from a municipality
affected by the emergency circumstances.
(2) The Governor, upon consultation with the Se
cretary of State, shall reschedule any election
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F.S. 2011 VOTING METHODS AND PROCEDURE Ch. 101
suspended or delayed due to an emergency. The
election shall be held within 10 days after the date of
the suspended or delayed election or as soon thereafter
as is practicable. Notice of the election shall be
published at least once in a newspaper of general
circulation in the affected area and, where practicable,
broadcast as a public service announcement on radio
and television stations at least 1 week prior to the date
the election is to be held.
(3) The Division of Elections of the Department of
State shall adopt, by rule, an elections emergency
contingency plan, which shall contain goals and policies
that give specific direction to state and local elections
officials when an election has been suspended or
delayed due to an emergency. The contingency plan
shall be statewide in scope and shall address, but not be
limited to, the following concerns:
(a) Providing a procedure for state and local elec
tions officials to follow when an election has been
suspended or delayed to ensure notice of the suspen
sion or delay to the proper authorities, the electorate,
the communications media, poll workers, and the
custodians of polling places.
(b) Providing a procedure for the orderly conduct of a
rescheduled election, whether municipal, county, dis
trict, or statewide in scope; coordinating those efforts
with the appropriate elections official, and the members
of the governing body holding such election, if appro
priate; and working with the appropriate emergency
management officials in determining the safety of
existing polling places or designating additional polling
places.
(c) Providing a procedure for the release and certi
fication of election returns to the department for elec
tions suspended or delayed and subsequently resched
uled under the provisions of ss. 101.731-101.74.
History.—s. 3, ch. 92-16.
101.74 Temporary change of polling place in
case of emergency.—In case of an emergency exist
ing in any precinct at the time of the holding of any
election, the supervisor of elections may establish, at
any safe and convenient point outside such precinct, an
additional polling place for the electors of that precinct,
in which place the qualified electors may vote. The
registration books of the affected precinct shall be
applicable to, and shall be used at, the polling place
so established.
History.—s. 39, ch. 3879, 1889; RS 193; s. 70, ch. 4328, 1895; GS 254; RGS
298; CGL 354; s. 5, ch. 26870, 1951; s. 44, ch. 65-380; s. 23, ch. 77-175; s. 2, ch.
83-334; s. 4, ch. 92-16.
Note.—Former s. 99.55.
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 of
the voting system used in the county are not available
for both elections, the municipality may provide that the
municipal election may be held within 30 days prior to or
subsequent to the statewide or county election.
(2) The date of the municipal election shall be set by
the municipality by ordinance.
(3) Notwithstanding any provision of local law or
municipal charter, the governing body of a municipality
may, by ordinance, move the date of any municipal
election to a date concurrent with any statewide or
countywide election. The dates for qualifying for the
election moved by the passage of such ordinance shall
be specifically provided for in the ordinance. The term of
office for any elected municipal official shall commence
as provided by the relevant municipal charter or
ordinance.
History.—ss. 1, 2, ch. 59-493; s. 1, ch. 76-68; s. 24, ch. 77-175; s. 5, ch. 92-16;
s. 26, ch. 2001-40; s. 4, ch. 2007-30; s. 23, ch. 2008-95; s. 42, ch. 2011-40.
Note.—Former s. 104.451.
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2011
CHAPTER 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
102.012 Inspectors and clerks to conduct elections.
102.014 Poll worker recruitment and training.
102.021 Compensation of inspectors, clerks, and
deputy sheriffs.
102.031 Maintenance of good order at polls; autho
rities; persons allowed in polling rooms
and early voting areas; unlawful solicita
tion of voters.
102.071 Tabulation of votes and proclamation of
results.
102.091 Duty of sheriff to watch for violations;
appointment of special officers.
102.101 Sheriff and other officers not allowed in
polling place.
102.111 Elections Canvassing Commission.
102.112 Deadline for submission of county returns
to the Department of State.
102.121 Elections Canvassing Commission to issue
certificates.
102.131 Returns before canvassing commission.
102.141 County canvassing board; duties.
102.151 County canvassing board to issue certifi
cates; supervisor to give notice to De
partment of State.
102.155 Certificate of election.
102.166 Manual recounts of overvotes and under-
votes.
102.168 Contest of election.
102.1682 Judgment of ouster; revocation of commis
sion; judgment setting aside referendum.
102.1685 Venue.
102.169 Quo warranto not abridged.
102.171 Contest of election to Legislature.
102.012 Inspectors and clerks to conduct elec
tions.—
(1)(a) The supervisor of elections of each county, at
least 20 days prior to the holding of any election, shall
appoint an election board comprised of poll workers who
serve as clerks or inspectors for each precinct in the
county. The clerk shall be in charge of, and responsible
for, seeing that the election board carries out its duties
and responsibilities. Each inspector and each clerk shall
take and subscribe to an oath or affirmation, which shall
be written or printed, to the effect that he or she will
perform the duties of inspector or clerk of election,
respectively, according to law and will endeavor to
prevent all fraud, deceit, or abuse in conducting the
election. The oath may be taken before an officer
authorized to administer oaths or before any of the
persons who are to act as inspectors, one of them to
swear the others, and one of the others sworn thus, in
turn, to administer the oath to the one who has not been
sworn. The oaths shall be returned with the poll list and
the returns of the election to the supervisor. In all
questions that may arise before the members of an
election board, the decision of a majority of them shall
decide the question. The supervisor of elections of each
county shall be responsible for the attendance and
diligent performance of his or her duties by each clerk
and inspector.
(b) If two or more precincts share the same building
and voting place, the supervisor of elections may
appoint one election board for the collocated precincts.
The supervisor shall provide that a sufficient number of
poll workers are appointed to adequately handle the
processing of the voters in the collocated precincts.
(2) Each member of the election board shall be able
to read and write the English language and shall be a
registered qualified elector of the county in which the
member is appointed or a person who has preregistered
to vote, pursuant to s. 97.041(1)(b), in the county in
which the member is appointed. No election board shall
be composed solely of members of one political party;
however, in any primary in which only one party has
candidates appearing on the ballot, all clerks and
inspectors may be of that party. Any person whose
name appears as an opposed candidate for any office
shall not be eligible to serve on an election board.
(3) The supervisor shall furnish inspectors of elec
tion for each precinct with the list of registered voters for
that precinct. The supervisor shall also furnish to the
inspectors of election at the polling place at each
precinct in the supervisor’s county a sufficient number
of forms and blanks for use on election day.
(4) The election board of each precinct shall attend
the polling place by 6 a.m. of the day of the election and
shall arrange the furniture, stationery, and voting
equipment. The election board shall conduct the voting,
beginning and closing at the time set forth in s. 100.011.
History.—s. 20, ch. 3879, 1889; RS 174; s. 24, ch. 4328, 1895; s. 8, ch. 4537,
1897; GS 205; RGS 249; s. 1, ch. 8587, 1921; CGL 305; s. 2, ch. 17898, 1937; s. 2,
ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 38, ch. 28156, 1953; s. 25, ch. 29934,
1955; s. 10, ch. 57-166; s. 1, ch. 63-53; s. 1, ch. 65-416; s. 1, ch. 67-168; s. 1, ch.
67-385; s. 1, ch. 73-151; s. 25, ch. 77-175; s. 43, ch. 79-400; s. 1, ch. 80-264; s. 50,
ch. 81-259; s. 19, ch. 84-302; s. 1, ch. 89-46; s. 596, ch. 95-147; s. 22, ch. 98-129; s.
3, ch. 2000-249; ss. 27, 65, ch. 2001-40; s. 52, ch. 2005-277; s. 43, ch. 2005-278; s.
11, ch. 2010-167; s. 4, ch. 2011-4.
Note.—Former s. 99.03.
102.014 Poll worker recruitment and training.
(1) The supervisor of elections shall conduct training
for inspectors, clerks, and deputy sheriffs prior to each
primary, general, and special election for the purpose of
instructing such persons in their duties and responsi
bilities as election officials. The Division of Elections
shall develop a statewide uniform training curriculum for
poll workers, and each supervisor shall use such
curriculum in training poll workers. A certificate may
be issued by the supervisor of elections to each person
completing such training. No person shall serve as an
inspector, clerk, or deputy sheriff for an election unless
such person has completed the training as required. A
clerk may not work at the polls unless he or she
demonstrates a working knowledge of the laws and
procedures relating to voter registration, voting system
operation, balloting and polling place procedures, and
problem-solving and conflict-resolution skills.
(2) A person who has attended previous training
conducted within 2 years before the election may be
appointed by the supervisor to fill a vacancy on an
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F.S. 2011 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
election board. If no person with prior training is
available to fill such vacancy, the supervisor of elections
may fill such vacancy in accordance with the provisions
of subsection (3) from among persons who have not
received the training required by this section.
(3) In the case of absence or refusal to act on the
part of any inspector or clerk, the supervisor shall
appoint a replacement who meets the qualifications
prescribed in s. 102.012(2). The inspector or clerk so
appointed shall be a member of the same political party
as the clerk or inspector whom he or she replaces.
(4) Each supervisor of elections shall be responsible
for training inspectors and clerks, subject to the follow
ing minimum requirements:
(a) No clerk shall be entitled to work at the polls
unless he or she has had a minimum of 3 hours of
training prior to each election.
(b) No inspector shall work at the polls unless he or
she has had a minimum of 2 hours of training prior to
each election.
(5) The Department of State shall create a uniform
polling place procedures manual and adopt the manual
by rule. Each supervisor of elections shall ensure that
the manual is available in hard copy or electronic form in
every polling place. The manual shall guide inspectors,
clerks, and deputy sheriffs in the proper implementation
of election procedures and laws. The manual shall be
indexed by subject, and written in plain, clear, unambig
uous language. The manual shall provide specific
examples of common problems encountered at the
polls and detail specific procedures for resolving those
problems. The manual shall include, without limitation:
(a) Regulations governing solicitation by individuals
and groups at the polling place;
(b) Procedures to be followed with respect to voters
whose names are not on the precinct register;
(c) Proper operation of the voting system;
(d) Ballot handling procedures;
(e) Procedures governing spoiled ballots;
(f) Procedures to be followed after the polls close;
(g) Rights of voters at the polls;
(h) Procedures for handling emergency situations;
(i) Procedures for dealing with irate voters;
(j) The handling and processing of provisional
ballots; and
(k) Security procedures.
The Department of State shall revise the manual as
necessary to address new procedures in law or
problems encountered by voters and poll workers at
the precincts.
(6) Supervisors of elections shall work with the
business and local community to develop public-private
programs to ensure the recruitment of skilled inspectors
and clerks.
(7) The Department of State shall develop a man
datory, statewide, and uniform program for training poll
workers on issues of etiquette and sensitivity with
respect to voters having a disability. The program
must be conducted locally by each supervisor of
elections, and each poll worker must complete the
program before working during the current election
cycle. The supervisor of elections shall contract with a
recognized disability-related organization, such as a
center for independent living, family network on dis
abilities, deaf service bureau, or other such organiza
tion, to develop and assist with training the trainers in
the disability sensitivity programs. The program must
include actual demonstrations of obstacles confronted
by disabled persons during the voting process, including
obtaining access to the polling place, traveling through
the polling area, and using the voting system.
History.—s. 64, ch. 2001-40; s. 19, ch. 2002-17; s. 18, ch. 2002-281; s. 53, ch.
2005-277; s. 17, ch. 2005-286; s. 24, ch. 2008-95.
102.021 Compensation of inspectors, clerks,
and deputy sheriffs.—
(1) Each inspector and each clerk of any election
and each deputy sheriff serving at a precinct shall be
paid for his or her services by the supervisor of
elections, and each inspector who delivers the returns
to the county seat shall receive such sums as the
supervisor of elections shall determine.
(2) Inspectors and clerks of election and deputy
sheriffs serving at the precincts may receive compensa
tion and travel expenses, as provided in s. 112.061, for
attending the poll worker training required by s. 102.014.
History.—s. 24, ch. 4328, 1895; s. 8, ch. 4537, 1897; GS 206; RGS 250; CGL
306; ss. 1, 2, ch. 20448, 1941; s. 3, ch. 25384, 1949; s. 6, ch. 26870, 1951; s. 5, ch.
63-400; s. 1, ch. 65-129; s. 25, ch. 77-175; s. 5, ch. 80-20; s. 597, ch. 95-147; s. 4,
ch. 2000-249; s. 66, ch. 2001-40.
Note.—Former s. 99.04.
102.031 Maintenance of good order at polls;
authorities; persons allowed in polling rooms and
early voting areas; unlawful solicitation of voters.
(1) Each election board shall possess full authority
to maintain order at the polls and enforce obedience to
its lawful commands during an election and the canvass
of the votes.
(2) The sheriff shall deputize a deputy sheriff for
each polling place and each early voting site who shall
be present during the time the polls or early voting sites
are open and until the election is completed, who shall
be subject to all lawful commands of the clerk or
inspectors, and who shall maintain good order. The
deputy may summon assistance from among bystan
ders to aid him or her when necessary to maintain peace
and order at the polls or early voting sites.
(3)(a) No person may enter any polling room or
polling place where the polling place is also a polling
room, or any early voting area during voting hours
except the following:
1. Official poll watchers;
2. Inspectors;
3. Election clerks;
4. The supervisor of elections or his or her deputy;
5. Persons there to vote, persons in the care of a
voter, or persons caring for such voter;
6. Law enforcement officers or emergency service
personnel there with permission of the clerk or a
majority of the inspectors; or
7. A person, whether or not a registered voter, who
is assisting with or participating in a simulated election
for minors, as approved by the supervisor of elections.
(b) The restriction in this subsection does not apply
where the polling room is in an area commonly
traversed by the public in order to gain access to
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2011
businesses or homes or in an area traditionally utilized
as a public area for discussion.
(4)(a) No person, political committee, committee of
continuous existence, or other group or organization
may solicit voters inside the polling place or within 100
feet of the entrance to any polling place, or polling room
where the polling place is also a polling room, or early
voting site. Before the opening of the polling place or
early voting site, the clerk or supervisor shall designate
the no-solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms
“solicit” or “solicitation” shall include, but not be limited
to, seeking or attempting to seek any vote, fact, opinion,
or contribution; distributing or attempting to distribute
any political or campaign material, leaflet, or handout;
conducting a poll except as specified in this paragraph;
seeking or attempting to seek a signature on any
petition; and selling or attempting to sell any item.
The terms “solicit” or “solicitation” shall not be construed
to prohibit exit polling.
(c) Each supervisor of elections shall inform the clerk
of the area within which soliciting is unlawful, based on
the particular characteristics of that polling place. The
supervisor or the clerk may take any reasonable action
necessary to ensure order at the polling places,
including, but not limited to, having disruptive and unruly
persons removed by law enforcement officers from the
polling room or place or from the 100-foot zone
surrounding the polling place.
(5) No photography is permitted in the polling room
or early voting area.
History.—s. 58, ch. 4328, 1895; GS 237; RGS 282; CGL 338; s. 6, ch. 26870,
1951; s. 1, ch. 59-212; s. 25, ch. 77-175; s. 2, ch. 85-205; s. 4, ch. 87-184; s. 15, ch.
87-363; s. 29, ch. 89-338; s. 2, ch. 92-134; s. 598, ch. 95-147; s. 5, ch. 2000-249; s.
54, ch. 2005-277; s. 25, ch. 2008-95.
Note.—Former s. 99.38.
102.071 Tabulation of votes and proclamation of
results.—The election board shall post at the polls, for
the benefit of the public, the results of the voting for each
office or other item on the ballot as the count is
completed. Upon completion of all counts in all races,
a certificate of the results shall be drawn up by the
inspectors and clerk at each precinct upon a form
provided by the supervisor of elections which shall
contain the name of each person voted for, for each
office, and the number of votes cast for each person for
such office; and, if any question is submitted, the
certificate shall also contain the number of votes cast
for and against the question. The certificate shall be
signed by the inspectors and clerk and shall be
delivered without delay by one of the inspectors,
securely sealed, to the supervisor for immediate pub
lication. All the ballot boxes, ballots, ballot stubs,
memoranda, and papers of all kinds used in the election
shall also be transmitted, after being sealed by the
inspectors, to the supervisor’s office. Registration books
and the poll lists shall not be placed in the ballot boxes
but shall be returned to the supervisor.
History.—s. 30, ch. 3879, 1889; RS 184; s. 61, ch. 4328, 1895; s. 2, ch. 4699,
1899; GS 242; RGS 286; CGL 342; s. 9, ch. 25384, 1949; s. 6, ch. 26329, 1949; s. 6,
ch. 26870, 1951; s. 39, ch. 28156, 1953; s. 19, ch. 73-334; s. 25, ch. 77-175; s. 45,
ch. 79-400; s. 55, ch. 2005-277.
Note.—Former s. 99.43.
102.091 Duty of sheriff to watch for violations;
appointment of special officers.—The sheriff shall
exercise strict vigilance in the detection of any violations
of the election laws and in apprehending the violators.
The Governor may appoint special officers to investi
gate alleged violations of the election laws, when it is
deemed necessary to see that violators of the election
laws are apprehended and punished.
History.—s. 6, ch. 26870, 1951; s. 3, ch. 65-129.
102.101 Sheriff and other officers not allowed in
polling place.—No sheriff, deputy sheriff, police officer,
or other officer of the law shall be allowed within the
polling place without permission from the clerk or a
majority of the inspectors, except to cast his or her
ballot. Upon the failure of any of said officers to comply
with this provision, the clerk or the inspectors or any one
of them shall make an affidavit against such officer for
his or her arrest.
History.—s. 58, ch. 4328, 1895; GS 239; RGS 284; CGL 340; s. 6, ch. 26870,
1951; s. 4, ch. 65-129; s. 25, ch. 77-175; s. 599, ch. 95-147.
Note.—Former s. 99.41.
102.111 Elections Canvassing Commission.—
(1) The Elections Canvassing Commission shall
consist of the Governor and two members of the
Cabinet selected by the Governor, all of whom shall
serve ex officio. If a member of the commission is
unable to serve for any reason, the Governor shall
appoint a remaining member of the Cabinet. If there is a
further vacancy, the remaining members of the commis
sion shall agree on another elected official to fill the
vacancy.
(2) The Elections Canvassing Commission shall
meet at 9 a.m. on the 9th day after a primary election
and at 9 a.m. on the 14th day after a general election to
certify the returns of the election for each federal, state,
and multicounty office. If a member of a county
canvassing board that was constituted pursuant to s.
102.141 determines, within 5 days after the certification
by the Elections Canvassing Commission, that a
typographical error occurred in the official returns of
the county, the correction of which could result in a
change in the outcome of an election, the county
canvassing board must certify corrected returns to the
Department of State within 24 hours, and the Elections
Canvassing Commission must correct and recertify the
election returns as soon as practicable.
(3) The Division of Elections shall provide the staff
services required by the Elections Canvassing Com
mission.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 248; RGS
292; CGL 348; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 30, ch. 71-377; s. 2,
ch. 77-122; s. 25, ch. 77-175; s. 6, ch. 82-143; s. 39, ch. 2001-40; s. 56, ch.
2005-277; s. 12, ch. 2010-167.
Note.—Former s. 99.49.
102.112 Deadline for submission of county re
turns to the Department of State.—
(1) The county canvassing board or a majority
thereof shall file the county returns for the election of
a federal or state officer with the Department of State
immediately after certification of the election results.
The returns must contain a certification by the canvas
sing board that the board has compared the number of
persons who voted with the number of ballots counted
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F.S. 2011 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
and that the certification includes all valid votes cast in
the election.
(2) Returns must be filed by 5 p.m. on the 7th day
following a primary election and by noon on the 12th day
following the general election. However, the Depart
ment of State may correct typographical errors, includ
ing the transposition of numbers, in any returns sub
mitted to the Department of State pursuant to s.
102.111(2).
(3) If the returns are not received by the department
by the time specified, such returns shall be ignored and
the results on file at that time shall be certified by the
department.
(4) If the returns are not received by the department
due to an emergency, as defined in s. 101.732, the
Elections Canvassing Commission shall determine the
deadline by which the returns must be received.
History.—s. 30, ch. 89-338; s. 7, ch. 99-140; s. 40, ch. 2001-40; s. 57, ch.
2005-277; s. 32, ch. 2007-30; s. 26, ch. 2008-95; s. 13, ch. 2010-167.
102.121 Elections Canvassing Commission to
issue certificates.—The Elections Canvassing Com
mission shall make and sign separate certificates of the
result of the election for federal and state officers, which
certificates shall be written and contain the total number
of votes cast for each person for each office. The
certificates, the one including the result of the election
for presidential electors and representatives to Con
gress, and the other including the result of the election
for state officers, shall be recorded in the Department of
State in a book to be kept for that purpose.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 250; RGS
294; CGL 350; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 25, ch. 77-175.
Note.—Former s. 99.51.
102.131 Returns before canvassing commis
sion.—If any returns shall appear to be irregular or
false so that the Elections Canvassing Commission is
unable to determine the true vote for any office,
nomination, constitutional amendment, or other mea
sure presented to the electors, the commission shall so
certify and shall not include the returns in its determina
tion, canvass, and declaration. The Elections Canvas
sing Commission in determining the true vote shall not
have authority to look beyond the county returns. The
Department of State shall file in its office all the returns,
together with other documents and papers received by it
or the commission. The commission shall canvass the
returns for presidential electors and representatives to
Congress separately from their canvass of returns for
state officers.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 249; RGS
293; CGL 349; s. 6, ch. 26870, 1951; s. 5, ch. 65-129; ss. 10, 35, ch. 69-106; s. 25,
ch. 77-175; s. 46, ch. 79-400.
Note.—Former s. 99.50.
102.141 County canvassing board; duties.—
(1) The county canvassing board shall be composed
of the supervisor of elections; a county court judge, who
shall act as chair; and the chair of the board of county
commissioners. In the event any member of the county
canvassing board is unable to serve, is a candidate who
has opposition in the election being canvassed, or is an
active participant in the campaign or candidacy of any
candidate who has opposition in the election being
canvassed, such member shall be replaced as follows:
(a) If no county court judge is able to serve or if all
are disqualified, the chief judge of the judicial circuit in
which the county is located shall appoint as a substitute
member a qualified elector of the county who is not a
candidate with opposition in the election being can
vassed and who is not an active participant in the
campaign or candidacy of any candidate with opposition
in the election being canvassed. In such event, the
members of the county canvassing board shall meet
and elect a chair.
(b) If the supervisor of elections is unable to serve or
is disqualified, the chair of the board of county
commissioners shall appoint as a substitute member
a member of the board of county commissioners who is
not a candidate with opposition in the election being
canvassed and who is not an active participant in the
campaign or candidacy of any candidate with opposition
in the election being canvassed. The supervisor, how
ever, shall act in an advisory capacity to the canvassing
board.
(c) If the chair of the board of county commissioners
is unable to serve or is disqualified, the board of county
commissioners shall appoint as a substitute member
one of its members who is not a candidate with
opposition in the election being canvassed and who is
not an active participant in the campaign or candidacy of
any candidate with opposition in the election being
canvassed.
(d) If a substitute member cannot be appointed as
provided elsewhere in this subsection, the chief judge of
the judicial circuit in which the county is located shall
appoint as a substitute member a qualified elector of the
county who is not a candidate with opposition in the
election being canvassed and who is not an active
participant in the campaign or candidacy of any
candidate with opposition in the election being can
vassed.
(2) The county canvassing board shall meet in a
building accessible to the public in the county where the
election occurred at a time and place to be designated
by the supervisor of elections to publicly canvass the
absentee electors’ ballots as provided for in s. 101.68
and provisional ballots as provided by ss. 101.048,
101.049, and 101.6925. Provisional ballots cast pur
suant to s. 101.049 shall be canvassed in a manner that
votes for candidates and issues on those ballots can be
segregated from other votes. Public notice of the time
and place at which the county canvassing board shall
meet to canvass the absentee electors’ ballots and
provisional ballots shall be given at least 48 hours prior
thereto by publication on the supervisor of elections’
website and once in one or more newspapers of general
circulation in the county or, if there is no newspaper of
general circulation in the county, by posting such notice
in at least four conspicuous places in the county. As
soon as the absentee electors’ ballots and the provi
sional ballots are canvassed, the board shall proceed to
publicly canvass the vote given each candidate, nomi
nee, constitutional amendment, or other measure sub
mitted to the electorate of the county, as shown by the
returns then on file in the office of the supervisor of
elections.
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2011
(3) The canvass, except the canvass of absentee
electors’ returns and the canvass of provisional ballots,
shall be made from the returns and certificates of the
inspectors as signed and filed by them with the super
visor, and the county canvassing board shall not change
the number of votes cast for a candidate, nominee,
constitutional amendment, or other measure submitted
to the electorate of the county, respectively, in any
polling place, as shown by the returns. All returns shall
be made to the board on or before 2 a.m. of the day
following any primary, general, or other election. If the
returns from any precinct are missing, if there are any
omissions on the returns from any precinct, or if there is
an obvious error on any such returns, the canvassing
board shall order a retabulation of the returns from such
precinct. Before canvassing such returns, the canvas
sing board shall examine the tabulation of the ballots
cast in such precinct and determine whether the returns
correctly reflect the votes cast. If there is a discrepancy
between the returns and the tabulation of the ballots
cast, the tabulation of the ballots cast shall be presumed
correct and such votes shall be canvassed accordingly.
(4) The canvassing board shall report all early voting
and all tabulated absentee results to the Department of
State within 30 minutes after the polls close. Thereafter,
the canvassing board shall report, with the exception of
provisional ballot results, updated precinct election
results to the department at least every 45 minutes
until all results are completely reported. The supervisor
of elections shall notify the department immediately of
any circumstances that do not permit periodic updates
as required. Results shall be submitted in a format
prescribed by the department.
(5) The canvassing board shall submit on forms or in
formats provided by the division unofficial returns to the
Department of State for each federal, statewide, state,
or multicounty office or ballot measure no later than
noon on the third day after any primary election and no
later than noon on the fourth day after any general or
other election. Such returns shall include the canvass of
all ballots as required by subsection (2).
(6) If the county canvassing board determines that
the unofficial returns may contain a counting error in
which the vote tabulation system failed to count votes
that were properly marked in accordance with the
instructions on the ballot, the county canvassing
board shall:
(a) Correct the error and retabulate the affected
ballots with the vote tabulation system; or
(b) Request that the Department of State verify the
tabulation software. When the Department of State
verifies such software, the department shall compare
the software used to tabulate the votes with the software
filed with the department pursuant to s. 101.5607 and
check the election parameters.
(7) If the unofficial returns reflect that a candidate for
any office was defeated or eliminated by one-half of a
percent or less of the votes cast for such office, that a
candidate for retention to a judicial office was retained or
not retained by one-half of a percent or less of the votes
cast on the question of retention, or that a measure
appearing on the ballot was approved or rejected by
one-half of a percent or less of the votes cast on such
78
measure, a recount shall be ordered of the votes cast
with respect to such office or measure. The Secretary of
State is responsible for ordering recounts in federal,
state, and multicounty races. The county canvassing
board or the local board responsible for certifying the
election is responsible for ordering recounts in all other
races. A recount need not be ordered with respect to the
returns for any office, however, if the candidate or
candidates defeated or eliminated from contention for
such office by one-half of a percent or less of the votes
cast for such office request in writing that a recount not
be made.
(a) Each canvassing board responsible for conduct
ing a recount shall put each marksense ballot through
automatic tabulating equipment and determine whether
the returns correctly reflect the votes cast. If any
marksense ballot is physically damaged so that it cannot
be properly counted by the automatic tabulating equip
ment during the recount, a true duplicate shall be made
of the damaged ballot pursuant to the procedures in s.
101.5614(5). Immediately before the start of the re
count, a test of the tabulating equipment shall be
conducted as provided in s. 101.5612. If the test
indicates no error, the recount tabulation of the ballots
cast shall be presumed correct and such votes shall be
canvassed accordingly. If an error is detected, the
cause therefor shall be ascertained and corrected and
the recount repeated, as necessary. The canvassing
board shall immediately report the error, along with the
cause of the error and the corrective measures being
taken, to the Department of State. No later than 11 days
after the election, the canvassing board shall file a
separate incident report with the Department of State,
detailing the resolution of the matter and identifying any
measures that will avoid a future recurrence of the error.
(b) Each canvassing board responsible for conduct
ing a recount where touchscreen ballots were used shall
examine the counters on the precinct tabulators to
ensure that the total of the returns on the precinct
tabulators equals the overall election return. If there is a
discrepancy between the overall election return and the
counters of the precinct tabulators, the counters of the
precinct tabulators shall be presumed correct and such
votes shall be canvassed accordingly.
(c) The canvassing board shall submit on forms or in
formats provided by the division a second set of
unofficial returns to the Department of State for each
federal, statewide, state, or multicounty office or ballot
measure. The returns shall be filed no later than 3 p.m.
on the 5th day after any primary election and no later
than 3 p.m. on the 9th day after any general election in
which a recount was ordered by the Secretary of State.
If the canvassing board is unable to complete the
recount prescribed in this subsection by the deadline,
the second set of unofficial returns submitted by the
canvassing board shall be identical to the initial
unofficial returns and the submission shall also include
a detailed explanation of why it was unable to timely
complete the recount. However, the canvassing board
shall complete the recount prescribed in this subsection,
along with any manual recount prescribed in s. 102.166,
and certify election returns in accordance with the
requirements of this chapter.
F.S. 2011 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
(d) The Department of State shall adopt detailed
rules prescribing additional recount procedures for each
certified voting system, which shall be uniform to the
extent practicable.
(8) The canvassing board may employ such clerical
help to assist with the work of the board as it deems
necessary, with at least one member of the board
present at all times, until the canvass of the returns is
completed. The clerical help shall be paid from the same
fund as inspectors and other necessary election offi
cials.
(9)(a) At the same time that the official results of an
election are certified to the Department of State, the
county canvassing board shall file a report with the
Division of Elections on the conduct of the election. The
report must describe:
1. All equipment or software malfunctions at the
precinct level, at a counting location, or within computer
and telecommunications networks supporting a county
location, and the steps that were taken to address the
malfunctions;
2. All election definition errors that were discovered
after the logic and accuracy test, and the steps that were
taken to address the errors;
3. All ballot printing errors or ballot supply problems,
and the steps that were taken to address the errors or
problems;
4. All staffing shortages or procedural violations by
employees or precinct workers which were addressed
by the supervisor of elections or the county canvassing
board during the conduct of the election, and the steps
that were taken to correct such issues;
5. All instances where needs for staffing or equip
ment were insufficient to meet the needs of the voters;
and
6. Any additional information regarding material
issues or problems associated with the conduct of the
election.
(b) If a supervisor discovers new or additional
information on any of the items required to be included
in the report pursuant to paragraph (a) after the report is
filed, the supervisor shall notify the division that new
information has been discovered no later than the next
business day after the discovery, and the supervisor
shall file an amended report signed by the supervisor of
elections on the conduct of the election within 10 days
after the discovery.
(c) Such reports shall be maintained on file in the
Division of Elections and shall be available for public
inspection. The division shall utilize the reports sub
mitted by the canvassing boards to determine what
problems may be likely to occur in other elections and
disseminate such information, along with possible
solutions, to the supervisors of elections.
(10) The supervisor shall file with the department a
copy of or an export file from the results database of the
county’s voting system and other statistical information
as may be required by the department, the Legislature,
or the Election Assistance Commission. The depart
ment shall adopt rules establishing the required content
and acceptable formats for the filings and time for filings.
History.—s. 46, ch. 6469, 1913; RGS 350; CGL 407; s. 11, ch. 13761, 1929; s.
6, ch. 26870, 1951; s. 1, ch. 57-104; s. 6, ch. 65-129; s. 19, ch. 73-334; s. 26, ch.
77-175; s. 47, ch. 79-400; s. 18, ch. 84-302; s. 4, ch. 86-33; s. 600, ch. 95-147; s. 41,
ch. 2001-40; s. 20, ch. 2002-17; s. 26, ch. 2003-415; s. 58, ch. 2005-277; s. 33, ch.
2007-30; s. 14, ch. 2010-167; s. 43, ch. 2011-40.
Note.—Former s. 102.45.
102.151 County canvassing board to issue cer
tificates; supervisor to give notice to Department of
State.—The county canvassing board shall make and
sign duplicate certificates containing the total number of
votes cast for each person nominated or elected, the
names of persons for whom such votes were cast, and
the number of votes cast for each candidate or nominee.
One of such certificates which relates to offices for
which the candidates or nominees have been voted for
in more than one county shall be immediately trans
mitted to the Department of State, and the second copy
filed in the supervisor’s office. The supervisor shall
transmit to the Department of State, immediately after
the county canvassing board has canvassed the returns
of the election, a list containing the names of all county
and district officers nominated or elected, the office for
which each was nominated or elected, and the mailing
address of each.
History.—s. 47, ch. 6469, 1913; RGS 351; CGL 408; s. 12, ch. 13761, 1929; s.
5, ch. 25388, 1949; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 27, ch. 77-175; s.
31, ch. 89-338.
Note.—Former s. 102.46.
102.155 Certificate of election.—The supervisor
shall give to any person the election of whom is certified
by the county canvassing board a certificate of the
person’s election. The Department of State shall give to
any person the election of whom is certified by the state
canvassing board a certificate of the person’s election.
The certificate of election which is issued to any person
shall be prima facie evidence of the election of such
person.
History.—s. 32, ch. 3879, 1889; RS 186; s. 63, ch. 4328, 1895; GS 245; RGS
289; CGL 345; s. 2, ch. 26870, 1951; s. 5, ch. 77-175; s. 1393, ch. 95-147.
Note.—Former s. 99.46.
102.166 Manual recounts of overvotes and un
dervotes.—
(1) If the second set of unofficial returns pursuant to
s. 102.141 indicates that a candidate for any office was
defeated or eliminated by one-quarter of a percent or
less of the votes cast for such office, that a candidate for
retention to a judicial office was retained or not retained
by one-quarter of a percent or less of the votes cast on
the question of retention, or that a measure appearing
on the ballot was approved or rejected by one-quarter of
a percent or less of the votes cast on such measure, a
manual recount of the overvotes and undervotes cast in
the entire geographic jurisdiction of such office or ballot
measure shall be ordered unless:
(a) The candidate or candidates defeated or elimi
nated from contention by one-quarter of 1 percent or
fewer of the votes cast for such office request in writing
that a recount not be made; or
(b) The number of overvotes and undervotes is fewer
than the number of votes needed to change the
outcome of the election.
The Secretary of State is responsible for ordering a
manual recount for federal, state, and multicounty
races. The county canvassing board or local board
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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS F.S. 2011
responsible for certifying the election is responsible for
ordering a manual recount for all other races.
(2)(a) Any hardware or software used to identify and
sort overvotes and undervotes for a given race or ballot
measure must be certified by the Department of State
as part of the voting system pursuant to s. 101.015. Any
such hardware or software must be capable of simulta
neously counting votes.
(b) Overvotes and undervotes shall be identified and
sorted while recounting ballots pursuant to s. 102.141, if
the hardware or software for this purpose has been
certified or the department’s rules so provide.
(3) Any manual recount shall be open to the public.
(4)(a) A vote for a candidate or ballot measure shall
be counted if there is a clear indication on the ballot that
the voter has made a definite choice.
(b) The Department of State shall adopt specific
rules for the federal write-in absentee ballot and for each
certified voting system prescribing what constitutes a
“clear indication on the ballot that the voter has made a
definite choice.” The rules shall be consistent, to the
extent practicable, and may not:
1. Exclusively provide that the voter must properly
mark or designate his or her choice on the ballot; or
2. Contain a catch-all provision that fails to identify
specific standards, such as “any other mark or indica
tion clearly indicating that the voter has made a definite
choice.”
(c) The rule for the federal write-in absentee ballot
must address, at a minimum, the following issues:
1. The appropriate lines or spaces for designating a
candidate choice and, for state and local races, the
office to be voted, including the proximity of each to the
other and the effect of intervening blank lines.
2. The sufficiency of designating a candidate’s first
or last name when no other candidate in the race has
the same or a similar name.
3. The sufficiency of designating a candidate’s first
or last name when an opposing candidate has the same
or a similar name, notwithstanding generational suffixes
and titles such as “Jr.,” “Sr.,” or “III.” The rule should
contemplate the sufficiency of additional first names and
first initials, middle names and middle initials, genera
tional suffixes and titles, nicknames, and, in general
elections, the name or abbreviation of a political party.
4. Candidate designations containing both a quali
fied candidate’s name and a political party, including
where the party designated is the candidate’s party, is
not the candidate’s party, has an opposing candidate in
the race, or does not have an opposing candidate in the
race.
5. Situations where the abbreviation or name of a
candidate is the same as the abbreviation or name of a
political party to which the candidate does not belong,
including where the party designated has another
candidate in the race or does not have a candidate in
the race.
6. The use of marks, symbols, or language, such as
arrows, quotation marks, or the word “same” or “ditto,”
to indicate that the same political party designation
applies to all listed offices.
7. Situations where an elector designates the name
of a qualified candidate for an incorrect office.
8. Situations where an elector designates an other
wise correct office name that includes an incorrect
district number.
(5) Procedures for a manual recount are as follows:
(a) The county canvassing board shall appoint as
many counting teams of at least two electors as is
necessary to manually recount the ballots. A counting
team must have, when possible, members of at least
two political parties. A candidate involved in the race
shall not be a member of the counting team.
(b) Each duplicate ballot prepared pursuant to s.
101.5614(5) or s. 102.141(7) shall be compared with the
original ballot to ensure the correctness of the duplicate.
(c) If a counting team is unable to determine whether
the ballot contains a clear indication that the voter has
made a definite choice, the ballot shall be presented to
the county canvassing board for a determination.
(d) The Department of State shall adopt detailed
rules prescribing additional recount procedures for each
certified voting system which shall be uniform to the
extent practicable. The rules shall address, at a mini
mum, the following areas:
1. Security of ballots during the recount process;
2. Time and place of recounts;
3. Public observance of recounts;
4. Objections to ballot determinations;
5. Record of recount proceedings; and
6. Procedures relating to candidate and petitioner
representatives.
History.—s. 9, ch. 18405, 1937; CGL 1940; Supp. 337(23-b); s. 7, ch. 22858,
1945; s. 5, ch. 26870, 1951; s. 30, ch. 28156, 1953; s. 24, ch. 57-1; s. 29, ch. 65-380;
s. 27, ch. 77-175; s. 48, ch. 79-400; s. 15, ch. 89-348; s. 601, ch. 95-147; s. 1, ch.
99-339; s. 42, ch. 2001-40; s. 21, ch. 2002-17; s. 59, ch. 2005-277; s. 34, ch.
2007-30; s. 15, ch. 2010-167; s. 3, ch. 2011-162.
Note.—Former s. 100.25; s. 101.57.
102.168 Contest of election.—
(1) Except as provided in s. 102.171, the certification
of election or nomination of any person to office, or of
the result on any question submitted by referendum,
may be contested in the circuit court by any unsuccess
ful candidate for such office or nomination thereto or by
any elector qualified to vote in the election related to
such candidacy, or by any taxpayer, respectively.
(2) Such contestant shall file a complaint, together
with the fees prescribed in chapter 28, with the clerk of
the circuit court within 10 days after midnight of the date
the last board responsible for certifying the results
officially certifies the results of the election being
contested.
(3) The complaint shall set forth the grounds on
which the contestant intends to establish his or her right
to such office or set aside the result of the election on a
submitted referendum. The grounds for contesting an
election under this section are:
(a) Misconduct, fraud, or corruption on the part of
any election official or any member of the canvassing
board sufficient to change or place in doubt the result of
the election.
(b) Ineligibility of the successful candidate for the
nomination or office in dispute.
(c) Receipt of a number of illegal votes or rejection of
a number of legal votes sufficient to change or place in
doubt the result of the election.
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F.S. 2011 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102
(d) Proof that any elector, election official, or canvas
sing board member was given or offered a bribe or
reward in money, property, or any other thing of value
for the purpose of procuring the successful candidate’s
nomination or election or determining the result on any
question submitted by referendum.
(4) The canvassing board responsible for canvas
sing the election is an indispensable party defendant in
county and local elections. The Elections Canvassing
Commission is an indispensable party defendant in
federal, state, and multicounty elections and in elections
for justice of the Supreme Court, judge of a district court
of appeal, and judge of a circuit court. The successful
candidate is an indispensable party to any action
brought to contest the election or nomination of a
candidate.
(5) A statement of the grounds of contest may not be
rejected, nor the proceedings dismissed, by the court for
any want of form if the grounds of contest provided in the
statement are sufficient to clearly inform the defendant
of the particular proceeding or cause for which the
nomination or election is contested.
(6) A copy of the complaint shall be served upon the
defendant and any other person named therein in the
same manner as in other civil cases under the laws of
this state. Within 10 days after the complaint has been
served, the defendant must file an answer admitting or
denying the allegations on which the contestant relies or
stating that the defendant has no knowledge or informa
tion concerning the allegations, which shall be deemed
a denial of the allegations, and must state any other
defenses, in law or fact, on which the defendant relies. If
an answer is not filed within the time prescribed, the
defendant may not be granted a hearing in court to
assert any claim or objection that is required by this
subsection to be stated in an answer.
(7) Any candidate, qualified elector, or taxpayer
presenting such a contest to a circuit judge is entitled
to an immediate hearing. However, the court in its
discretion may limit the time to be consumed in taking
testimony, with a view therein to the circumstances of
the matter and to the proximity of any succeeding
election.
(8) In any contest that requires a review of the
canvassing board’s decision on the legality of an
absentee ballot pursuant to s. 101.68 based upon a
comparison of the signature on the voter’s certificate
and the signature of the elector in the registration
records, the circuit court may not review or consider
any evidence other than the signature on the voter’s
certificate and the signature of the elector in the
registration records. The court’s review of such issue
shall be to determine only if the canvassing board
abused its discretion in making its decision.
History.—ss. 7, 8, Art. 10, ch. 38, 1845; RS 199; GS 283; RGS 379; CGL 444; s.
3, ch. 26870, 1951; s. 16, ch. 65-378; s. 28, ch. 77-175; s. 49, ch. 79-400; s. 602, ch.
95-147; s. 3, ch. 99-339; s. 44, ch. 2001-40; s. 60, ch. 2005-277; s. 44, ch. 2011-40.
Note.—Former s. 104.06; s. 99.192; s. 102.161.
102.1682 Judgment of ouster; revocation of
commission; judgment setting aside referendum.
(1) If the contestant is found to be entitled to the
office, if on the findings a judgment to that effect is
entered, and if the adverse party has been commis
sioned or has entered upon the duties thereof or is
holding the office, then a judgment of ouster shall be
entered against such party. Upon presentation of a
certified copy of the judgment of ouster to the Governor,
the Governor shall revoke such commission and
commission the person found in the judgment to be
entitled to the office.
(2) If a judgment is entered setting aside a refer
endum, the election shall be void.
History.—s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3,
ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.
Note.—Former s. 104.08; s. 99.211; s. 102.163.
102.1685 Venue.—The venue for contesting a
nomination or election or the results of a referendum
shall be in the county in which the contestant qualified or
in the county in which the question was submitted for
referendum or, if the election or referendum covered
more than one county, then in Leon County.
History.—s. 3, ch. 26870, 1951; s. 17, ch. 65-378; s. 30, ch. 77-175.
Note.—Former s. 99.202; s. 102.162.
102.169 Quo warranto not abridged.—Nothing in
this code shall be construed to abrogate or abridge any
remedy that may now exist by quo warranto, but in such
case the proceeding prescribed in s. 102.168 shall be
an alternative or cumulative remedy.
History.—RS 203; GS 287; RGS 383; CGL 448; s. 3, ch. 26870, 1951; s. 19, ch.
65-378; s. 31, ch. 77-175.
Note.—Former s. 104.10; s. 99.221; s. 102.164.
102.171 Contest of election to Legislature.—The
jurisdiction to hear any contest of the election of a
member to either house of the Legislature is vested in
the applicable house, as each house, pursuant to s. 2,
Art. III of the State Constitution, is the sole judge of the
qualifications, elections, and returns of its members.
Therefore, the certification of election of any person to
the office of member of either house of the Legislature
may only be contested in the applicable house by an
unsuccessful candidate for such office, in accordance
with the rules of that house. This section does not apply
to any contest of the nomination of any person for the
office of member of either house of the Legislature at
any primary or special primary election in which only
those qualified electors who are registered members of
the political party holding such primary election may
vote, as provided for in s. 5(b), Art. VI of the State
Constitution. This section does apply to any contest of a
primary or special primary election for the office of
member of either house of the Legislature in which all
qualified electors may vote, as provided for in s. 5(b),
Art. VI of the State Constitution, and the recipient of the
most votes is deemed to be elected according to
applicable law.
History.—s. 4, ch. 99-339.
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2011
CHAPTER 103
PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES
AND MEMBERS
103.011 Electors of President and Vice President.
103.021 Nomination for presidential electors.
103.022 Write-in candidates for President and Vice
President.
103.051 Congress sets meeting dates of electors.
103.061 Meeting of electors and filling of vacancies.
103.062 Plurality of votes to fill vacancy; proceeding
in case of tie.
103.071 Compensation of electors.
103.081 Use of party name; political advertising.
103.091 Political parties.
103.092 Affiliated party committees.
103.095 Minor political parties.
103.101 Presidential preference primary.
103.121 Powers and duties of executive committees.
103.131 Political party offices deemed vacant in
certain cases.
103.141 Removal of county executive committee
member for violation of oath.
103.011 Electors of President and Vice Presi
dent.—Electors of President and Vice President, known
as presidential electors, shall be elected on the first
Tuesday after the first Monday in November of each
year the number of which is a multiple of 4. Votes cast
for the actual candidates for President and Vice
President shall be counted as votes cast for the
presidential electors supporting such candidates. The
Department of State shall certify as elected the pre
sidential electors of the candidates for President and
Vice President who receive the highest number of
votes.
History.—ss. 2, 3, ch. 3879, 1889; RS 157; s. 4, ch. 4328, 1895; s. 3, ch. 4537,
1897; GS 174; RGS 218; CGL 253; s. 2, ch. 25383, 1949; s. 7, ch. 26870, 1951; ss.
10, 35, ch. 69-106; s. 32, ch. 77-175.
Note.—Former s. 98.07.
103.021 Nomination for presidential electors.—
Candidates for presidential electors shall be nominated
in the following manner:
(1) The Governor shall nominate the presidential
electors of each political party. The state executive
committee of each political party shall by resolution
recommend candidates for presidential electors and
deliver a certified copy thereof to the Governor before
September 1 of each presidential election year. The
Governor shall nominate only the electors recom
mended by the state executive committee of the
respective political party. Each such elector shall be a
qualified elector of the party he or she represents who
has taken an oath that he or she will vote for the
candidates of the party that he or she is nominated to
represent. The Governor shall certify to the Department
of State on or before September 1, in each presidential
election year, the names of a number of electors for
each political party equal to the number of senators and
representatives which this state has in Congress.
(2) The names of the presidential electors shall not
be printed on the general election ballot, but the names
of the actual candidates for President and Vice Pre
sident for whom the presidential electors will vote if
elected shall be printed on the ballot in the order in
which the party of which the candidate is a nominee
polled the highest number of votes for Governor in the
last general election.
(3) Candidates for President and Vice President with
no party affiliation may have their names printed on the
general election ballots if a petition is signed by 1
percent of the registered electors of this state, as shown
by the compilation by the Department of State for the
last preceding general election. A separate petition from
each county for which signatures are solicited shall be
submitted to the supervisor of elections of the respec
tive county no later than July 15 of each presidential
election year. The supervisor shall check the names
and, on or before the date of the primary election, shall
certify the number shown as registered electors of the
county. The supervisor shall be paid by the person
requesting the certification the cost of checking the
petitions as prescribed in s. 99.097. The supervisor shall
then forward the certificate to the Department of State
which shall determine whether or not the percentage
factor required in this section has been met. When the
percentage factor required in this section has been met,
the Department of State shall order the names of the
candidates for whom the petition was circulated to be
included on the ballot and shall permit the required
number of persons to be certified as electors in the
same manner as party candidates.
(4)(a) A minor political party that is affiliated with a
national party holding a national convention to nominate
candidates for President and Vice President of the
United States may have the names of its candidates for
President and Vice President of the United States
printed on the general election ballot by filing with the
Department of State a certificate naming the candidates
for President and Vice President and listing the required
number of persons to serve as electors. Notification to
the Department of State under this subsection shall be
made by September 1 of the year in which the election is
held. When the Department of State has been so
notified, it shall order the names of the candidates
nominated by the minor political party to be included on
the ballot and shall permit the required number of
persons to be certified as electors in the same manner
as other party candidates. As used in this section, the
term “national party” means a political party that is
registered with and recognized as a qualified national
committee of a political party by the Federal Election
Commission.
(b) A minor political party that is not affiliated with a
national party holding a national convention to nominate
candidates for President and Vice President of the
United States may have the names of its candidates for
President and Vice President printed on the general
election ballot if a petition is signed by 1 percent of the
registered electors of this state, as shown by the
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F.S. 2011 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
compilation by the Department of State for the preced
ing general election. A separate petition from each
county for which signatures are solicited shall be
submitted to the supervisors of elections of the respec
tive county no later than July 15 of each presidential
election year. The supervisor shall check the names
and, on or before the date of the primary election, shall
certify the number shown as registered electors of the
county. The supervisor shall be paid by the person
requesting the certification the cost of checking the
petitions as prescribed in s. 99.097. The supervisor shall
then forward the certificate to the Department of State,
which shall determine whether or not the percentage
factor required in this section has been met. When the
percentage factor required in this section has been met,
the Department of State shall order the names of the
candidates for whom the petition was circulated to be
included on the ballot and shall permit the required
number of persons to be certified as electors in the
same manner as other party candidates.
(5) When for any reason a person nominated or
elected as a presidential elector is unable to serve
because of death, incapacity, or otherwise, the Gover
nor may appoint a person to fill such vacancy who
possesses the qualifications required for the elector to
have been nominated in the first instance. Such person
shall file with the Governor an oath that he or she will
support the same candidates for President and Vice
President that the person who is unable to serve was
committed to support.
History.—s. 1, ch. 25143, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 61-364; s. 1, ch.
67-353; ss. 10, 35, ch. 69-106; ss. 7, 8, ch. 70-269; s. 1, ch. 70-439; s. 32, ch.
77-175; s. 8, ch. 83-251; s. 13, ch. 85-80; s. 603, ch. 95-147; s. 5, ch. 99-318; s. 61,
ch. 2005-277; s. 18, ch. 2005-286; s. 45, ch. 2011-40.
Note.—Former s. 102.011.
103.022 Write-in candidates for President and
Vice President.—Persons seeking to qualify for elec
tion as write-in candidates for President and Vice
President of the United States may have a blank
space provided on the general election ballot for their
names to be written in by filing an oath with the
Department of State at any time after the 57th day,
but before noon of the 49th day, prior to the date of the
primary election in the year in which a presidential
election is held. The Department of State shall prescribe
the form to be used in administering the oath. The
candidates shall file with the department a certificate
naming the required number of persons to serve as
electors. Such write-in candidates shall not be entitled to
have their names on the ballot.
History.—s. 15, ch. 81-105; s. 9, ch. 83-251; s. 19, ch. 2005-286.
103.051 Congress sets meeting dates of elec
tors.—The presidential electors shall, on the day that is
directed by Congress and at the time fixed by the
Governor, meet at Tallahassee and perform the duties
required of them by the Constitution and laws of the
United States.
History.—s. 6, ch. 71, 1847; RS 204; GS 288; RGS 384; CGL 449; s. 7, ch.
26870, 1951; s. 32, ch. 77-175; s. 62, ch. 2005-277.
Note.—Former s. 105.01.
103.061 Meeting of electors and filling of vacan-
cies.—Each presidential elector shall, on the day fixed
by Congress to elect a President and Vice President
and at the time fixed by the Governor, give notice to the
Governor that the elector is in Tallahassee and ready to
perform the duties of presidential elector. The Governor
shall forthwith deliver to the presidential electors pre
sent a certificate of the names of all the electors; and if,
on examination thereof, it should be found that one or
more electors are absent, the electors present shall
elect by ballot, in the presence of the Governor, a
person or persons to fill such vacancy or vacancies as
may have occurred through the nonattendance of one or
more of the electors.
History.—s. 8, ch. 71, 1847; RS 206; GS 290; RGS 386; CGL 451; s. 7, ch.
26870, 1951; s. 32, ch. 77-175; s. 1, ch. 85-19; s. 604, ch. 95-147; s. 63, ch.
2005-277.
Note.—Former s. 105.03.
103.062 Plurality of votes to fill vacancy; pro
ceeding in case of tie.—If any more than the number
of persons required to fill the vacancy as provided by s.
103.061 receive the highest and an equal number of
votes, then the election of those receiving such highest
and equal number of votes shall be determined by lot
drawn by the Governor in the presence of the pre
sidential electors attending; otherwise, those, to the
number required, receiving the highest number of votes,
shall be considered elected to fill the vacancy.
History.—s. 7, ch. 26870, 1951; s. 2, ch. 67-353; s. 32, ch. 77-175.
Note.—Former s. 103.031.
103.071 Compensation of electors.—Each pre
sidential elector attending as such in Tallahassee shall
be reimbursed for his or her travel expenses, as
provided in s. 112.061, from the elector’s place of
residence to Tallahassee and return. Such expenses
shall be paid upon approval of the Governor. The
amounts necessary to meet the requirements of this
section shall be included in the legislative budget
request of the Governor. If the amounts appropriated
for this purpose are insufficient, the Executive Office of
the Governor may release the necessary amounts from
the deficiency appropriation.
History.—s. 12, ch. 71, 1847; RS 210; GS 294; RGS 390; CGL 455; ss. 7, chs.
26869, 26870, 1951; s. 1, ch. 61-32; s. 6, ch. 63-400; ss. 2, 3, ch. 67-371; ss. 31, 35,
ch. 69-106; s. 86, ch. 79-190; s. 605, ch. 95-147.
Note.—Former s. 105.07.
103.081 Use of party name; political advertising.
(1) No person shall use the name, abbreviation, or
symbol of any political party, the name, abbreviation, or
symbol of which is filed with the Department of State, in
political advertising in newspapers, other publications,
handbills, radio or television, or any other form of
advertising in connection with any political activities in
support of a candidate of any other party, unless such
person shall first obtain the written permission of the
chair of the state executive committee of the party the
name, abbreviation, or symbol of which is to be used.
(2) No person or group of persons shall use the
name, abbreviation, or symbol of any political party, the
name, abbreviation, or symbol of which is filed with the
Department of State, in connection with any club, group,
association, or organization of any kind unless approval
and permission have been given in writing by the state
executive committee of such party. This subsection
shall not apply to county executive committees of such
parties and organizations which are chartered by the
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2011
national executive committee of the party the name,
abbreviation, or symbol of which is to be used, or to
organizations using the name of any political party
which organizations have been in existence and orga
nized on a statewide basis for a period of 10 years.
(3) A political party may file with the Department of
State names of groups or committees associated with
the political party. Such filed names may not be used
without first obtaining the written permission of the chair
of the state executive committee of the party.
1(4) Notwithstanding any other provision of law to the
contrary, an affiliated party committee shall be entitled
to use the name, abbreviation, or symbol of the political
party of its leader as defined in s. 103.092.
History.—s. 6, ch. 6469, 1913; RGS 304; CGL 360; s. 7, ch. 26870, 1951; s. 26,
ch. 29934, 1955; s. 1, ch. 57-202; s. 1, ch. 61-424; s. 3, ch. 67-353; ss. 10, 35, ch.
69-106; s. 32, ch. 77-175; s. 606, ch. 95-147; s. 35, ch. 2007-30; ss. 1, 30, ch.
2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
Note.—Former s. 102.06.
103.091 Political parties.—
(1) Each political party of the state shall be repre
sented by a state executive committee. County execu
tive committees and other committees may be estab
lished in accordance with the rules of the state executive
committee. A political party may provide for the selec
tion of its national committee and its state and county
executive committees in such manner as it deems
proper. Unless otherwise provided by party rule, the
county executive committee of each political party shall
consist of at least two members, a man and a woman,
from each precinct, who shall be called the precinct
committeeman and committeewoman. For counties
divided into 40 or more precincts, the state executive
committee may adopt a district unit of representation for
such county executive committees. Upon adoption of a
district unit of representation, the state executive
committee shall request the supervisor of elections of
that county, with approval of the board of county
commissioners, to provide for election districts as nearly
equal in number of registered voters as possible. Each
county committeeman or committeewoman shall be a
resident of the precinct from which he or she is elected.
Each state committeeman or committeewoman must be
a member in good standing of the county executive
committee for the county in which the state committee
man or committeewoman is a registered voter.
(2) The state executive committee of a political party
may by resolution provide a method of election of
national committeemen and national committeewomen
and of nomination of presidential electors, if such party
is entitled to a place on the ballot as otherwise provided
for presidential electors, and may provide also for the
election of delegates and alternates to national con
ventions.
(3) The state executive committee of each political
party shall file with the Department of State the names
and addresses of its chair, vice chair, secretary,
treasurer, and members and shall file a copy of its
constitution, bylaws, and rules and regulations with the
Department of State. Each county executive committee
shall file with the state executive committee and with the
supervisor of elections the names and addresses of its
officers and members.
(4) Any political party other than a minor political
party may by rule provide for the membership of its state
or county executive committee to be elected for 4-year
terms at the primary election in each year a presidential
election is held. The terms shall commence on the first
day of the month following each presidential general
election; but the names of candidates for political party
offices shall not be placed on the ballot at any other
election. The results of such election shall be deter
mined by a plurality of the votes cast. In such event,
electors seeking to qualify for such office shall do so
with the Department of State or supervisor of elections
not earlier than noon of the 71st day, or later than noon
of the 67th day, preceding the primary election. The
outgoing chair of each county executive committee
shall, within 30 days after the committee members take
office, hold an organizational meeting of all newly
elected members for the purpose of electing officers.
The chair of each state executive committee shall,
within 60 days after the committee members take office,
hold an organizational meeting of all newly elected
members for the purpose of electing officers.
(5) In the event no county committeeman or com
mitteewoman is elected, or a vacancy occurs from any
other cause in any county executive committee, the
county chair shall call a meeting of the county executive
committee by due notice to all members, and the
vacancy shall be filled by a majority vote of those
present at a meeting at which a quorum is present. Such
vacancy shall be filled by a qualified member of the
political party residing in the district where the vacancy
occurred and for the unexpired portion of the term.
(6)(a) In addition to the members provided for in
subsection (1), each county executive committee shall
include all members of the Legislature who are resi
dents of the county and members of their respective
political party and who shall be known as at-large
committeemen and committeewomen.
(b) Each state executive committee shall include, as
at-large committeemen and committeewomen, all mem
bers of the United States Congress representing the
State of Florida who are members of the political party,
all statewide elected officials who are members of the
party, 10 Florida registered voters who are members of
the party as appointed by the Governor if the Governor
is a member of the party, and the President of the
Senate or the Minority Leader in the Senate, and the
Speaker of the House of Representatives or the Minority
Leader in the House of Representatives, whichever is a
member of the political party, and 20 members of the
Legislature who are members of the political party. Ten
of the legislators shall be appointed with the concur
rence of the state chair of the respective party, as
follows: five to be appointed by the President of the
Senate; five by the Minority Leader in the Senate; five by
the Speaker of the House of Representatives; and five
by the Minority Leader in the House.
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F.S. 2011 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
(c) When a political party allows any member of the
state executive committee to have more than one vote
per person, other than by proxy, in a matter coming
before the state executive committee, the 20 members
of the Legislature appointed under paragraph (b) shall
not be appointed to the state executive committee and
the following elected officials who are members of that
political party shall be appointed and shall have the
following votes:
1. Governor: a number equal to 15 percent of votes
cast by state executive committeemen and committee
women;
2. Lieutenant Governor: a number equal to 5
percent of the votes cast by state executive committee
men and committeewomen;
3. Each member of the United States Senate
representing the state: a number equal to 10 percent
of the votes cast by state executive committeemen and
committeewomen;
4. Attorney General: a number equal to 5 percent of
the votes cast by state executive committeemen and
committeewomen;
5. Chief Financial Officer: a number equal to 5
percent of the votes cast by state executive committee
men and committeewomen;
6. Commissioner of Agriculture: a number equal to 5
percent of the votes cast by state executive committee
men and committeewomen;
7. President of the Senate: a number equal to 10
percent of the votes cast by state executive committee
men and committeewomen;
8. Minority leader of the Senate: a number equal to
10 percent of the votes cast by state executive
committeemen and committeewomen;
9. Speaker of the House of Representatives: a
number equal to 10 percent of the votes cast by state
executive committeemen and committeewomen;
10. Minority leader of the House of Representatives:
a number equal to 10 percent of the votes cast by state
executive committeemen and committeewomen; and
11. Each member of the United States House of
Representatives representing the state: a number equal
to 1 percent of the votes cast by state executive
committeemen and committeewomen.
(d)1. The governing body of each state executive
committee as defined by party rule shall include as at-
large committeemen and committeewomen all state
wide elected officials who are members of such political
party; up to four members of the United States Con
gress representing the state who are members of such
political party and who shall be appointed by the state
chair on the basis of geographic representation; the
permanent presiding officer selected by the members of
each house of the Legislature who are members of such
political party; and the minority leader selected by the
members of each house of the Legislature who are
members of such political party.
2. All members of the governing body shall have
one vote per person.
(7) Members of the state executive committee or
governing body may vote by proxy.
(8) The conducting of official business in connection
with one’s public office constitutes good and sufficient
reason for failure to attend county or state executive
committee meetings or a meeting of the governing
body.
History.—ss. 1, 2, 2A, ch. 22039, 1943; ss. 1, 2, 3, ch. 22678, 1945; s. 7, ch.
26870, 1951; s. 32, ch. 77-175; s. 1, ch. 78-1; s. 22, ch. 79-164; s. 3, ch. 81-312; s.
12, ch. 82-143; s. 3, ch. 83-242; s. 33, ch. 84-302; s. 17, ch. 87-363; s. 607, ch.
95-147; s. 2, ch. 95-197; s. 110, ch. 2003-261; s. 20, ch. 2005-286; s. 36, ch.
2007-30.
Note.—Former s. 102.71.
1103.092 Affiliated party committees.—
(1) For purposes of this section, the term “leader”
means the President of the Senate, the Speaker of the
House of Representatives, or the minority leader of
either house of the Legislature, until a person is
designated by a political party conference of members
of either house to succeed to any such position, at which
time the designee becomes the leader for purposes of
this section.
(2) The leader of each political party conference of
the House of Representatives and the Senate may
establish a separate, affiliated party committee to
support the election of candidates of the leader’s
political party. The affiliated party committee is subject
to the same provisions of chapter 106 as a political
party.
(3) Each affiliated party committee shall:
(a) Adopt bylaws to include, at a minimum, the
designation of a treasurer.
(b) Conduct campaigns for candidates who are
members of the leader’s political party.
(c) Establish an account.
(d) Raise and expend funds. Such funds may not be
expended or committed to be expended except when
authorized by the leader of the affiliated party commit
tee.
History.—ss. 2, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
103.095 Minor political parties.—
(1) Any group of citizens organized for the general
purposes of electing to office qualified persons and
determining public issues under the democratic pro
cesses of the United States may become a minor
political party of this state by filing with the department a
certificate showing the name of the organization, the
names and addresses of its current officers, including
the members of its executive committee, accompanied
by a completed uniform statewide voter registration
application as specified in s. 97.052 for each of its
current officers and members of its executive committee
which reflect their affiliation with the proposed minor
political party, and a copy of its constitution, bylaws, and
rules and regulations.
(2) Each elector registered to vote in the minor
political party in which he or she has so designated has
a fundamental right to fully and meaningfully participate
in the business and affairs of the minor political party
without any monetary encumbrance. The constitution,
bylaws, rules, regulations, or other equivalent
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2011
documents must reflect this fundamental right and must
provide for and contain reasonable provisions that, at a
minimum, prescribe procedures to: prescribe its mem
bership; conduct its meetings according to generally
accepted parliamentary practices; timely notify its
members as to the time, date, and place of all of its
meetings; timely publish notice on its public and
functioning website as to the time, date, and place of
all of its meetings; elect its officers; remove its officers;
make party nominations when required by law; conduct
campaigns for party nominees; raise and expend party
funds; select delegates to its national convention, if
applicable; select presidential electors, if applicable;
and alter or amend all of its governing documents.
(3) The members of the executive committee must
elect a chair, vice chair, secretary, and treasurer, all of
whom shall be members of the minor political party, and
no member may hold more than one office, except that
one person may hold the offices of secretary and
treasurer.
(4) Upon approval of the minor political party’s filing,
the department shall process the voter registration
applications submitted by the minor political party’s
officers and members of its executive committee. It shall
be the duty of the minor political party to notify the
department of any changes in the filing certificate within
5 days after such changes.
(5) The Division of Elections shall adopt rules to
prescribe the manner in which political parties, including
minor political parties, may have their filings with the
Department of State canceled. Such rules shall, at a
minimum, provide for:
(a) Notice, which must contain the facts and conduct
that warrant the intended action, including, but not
limited to, the failure to have any voters registered in the
party, the failure to notify the department of replacement
officers, the failure to file campaign finance reports, the
failure to adopt and file with the department all govern
ing documents containing the provisions specified in
subsection (2), and limited activity.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals are exempt from the con
fidentiality provisions of s. 106.25.
(6) The requirements of this section are retroactive
for any minor political party registered with the depart
ment on July 1, 2011, and must be complied with within
180 days after the department provides notice to the
minor political party of the requirements contained in
this section. Failure of the minor political party to comply
with the requirements within 180 days after receipt of
the notice shall automatically result in the cancellation of
the minor political party’s registration.
History.—s. 46, ch. 2011-40.
103.101 Presidential preference primary.—
(1)(a) There shall be a Presidential Preference
Primary Date Selection Committee composed of the
Secretary of State, who shall be a nonvoting chair; three
members, no more than two of whom may be from the
same political party, appointed by the Governor; three
members, no more than two of whom may be from the
same political party, appointed by the Speaker of the
House of Representatives; and three members, no
more than two of whom may be from the same political
party, appointed by the President of the Senate. No later
than October 1 of the year preceding the presidential
preference primary, the committee shall meet and set a
date for the presidential preference primary. The date
selected may be no earlier than the first Tuesday in
January and no later than the first Tuesday in March in
the year of the presidential preference primary. The
presidential preference primary shall be held in each
year the number of which is a multiple of 4.
(b) Each political party other than a minor political
party shall, on the date selected by the Presidential
Preference Primary Date Selection Committee in each
year the number of which is a multiple of 4, elect one
person to be the candidate for nomination of such party
for President of the United States or select delegates to
the national nominating convention, as provided by
party rule. Any party rule directing the vote of delegates
at a national nominating convention shall reasonably
reflect the results of the presidential preference primary,
if one is held.
(2) By October 31 of the year preceding the pre
sidential preference primary, each political party shall
submit to the Secretary of State a list of its presidential
candidates to be placed on the presidential preference
primary ballot or candidates entitled to have delegates
appear on the presidential preference primary ballot.
The Secretary of State shall prepare and publish a list of
the names of the presidential candidates submitted not
later than on the first Tuesday after the first Monday in
November of the year preceding the presidential pre
ference primary. The Department of State shall im
mediately notify each presidential candidate listed by
the Secretary of State. Such notification shall be in
writing, by registered mail, with return receipt requested.
(3) A candidate’s name shall be printed on the
presidential preference primary ballot unless the candi
date submits to the Department of State, prior to the
second Tuesday after the first Monday in November of
the year preceding the presidential preference primary,
an affidavit stating that he or she is not now, and does
not presently intend to become, a candidate for
President at the upcoming nominating convention. If a
candidate withdraws pursuant to this subsection, the
Department of State shall notify the state executive
committee that the candidate’s name will not be placed
on the ballot. The Department of State shall, no later
than the third Tuesday after the first Monday in
November of the year preceding the presidential pre
ference primary, certify to each supervisor of elections
the name of each candidate for political party nomina
tion to be printed on the ballot.
(4) The names of candidates for political party
nominations for President of the United States shall
be printed on official ballots for the presidential pre
ference primary election and shall be marked, counted,
canvassed, returned, and proclaimed in the same
manner and under the same conditions, so far as
they are applicable, as in other state elections. If
party rule requires the delegates’ names to be printed
on the official presidential preference primary ballot, the
name of the presidential candidates for that political
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F.S. 2011 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES Ch. 103
party may not be printed separately, but the ballot may
reflect the presidential candidate to whom the delegate
is pledged. If, however, a political party has only one
presidential candidate, neither the name of the candi
date nor the names of the candidate’s delegates shall
be printed on the ballot.
(5) The state executive committee of each party, by
rule adopted at least 60 days prior to the presidential
preference primary election, shall determine the num
ber, and establish procedures to be followed in the
selection, of delegates and delegate alternates from
among each candidate’s supporters. A copy of any rule
adopted by the executive committee shall be filed with
the Department of State within 7 days after its adoption
and shall become a public record. The Department of
State shall review the procedures and shall notify the
state executive committee of each political party of any
ballot limitations. The Department of State may pro
mulgate rules for the orderly conduct of the presidential
preference primary ballot.
(6) All names of candidates or delegates shall be
listed as directed by the Department of State.
History.—s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch. 22058, 1943;
s. 1, ch. 22729, 1945; s. 1, ch. 25235, 1949; s. 7, ch. 26870, 1951; s. 1, ch. 29947,
1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch. 71-236; s. 2, ch. 75-246; s. 1,
ch. 77-174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32,
ch. 89-338; s. 15, ch. 91-45; s. 608, ch. 95-147; s. 28, ch. 2001-40; s. 3, ch. 2007-30;
s. 27, ch. 2008-95; s. 47, ch. 2011-40.
Note.—Former ss. 102.03, 102.72.
103.121 Powers and duties of executive com
mittees.—
(1)(a) Each state and county executive committee of
a political party shall have the power and duty:
1. To adopt a constitution by two-thirds vote of the
full committee.
2. To adopt such bylaws as it may deem necessary
by majority vote of the full committee.
3. To conduct its meetings according to generally
accepted parliamentary practice.
4. To make party nomination when required by law.
5. To conduct campaigns for party nominees.
6. To raise and expend party funds. Such funds may
not be expended or committed to be expended except
after written authorization by the chair of the state or
county executive committee.
1(b) The county executive committee shall receive
payment of assessments upon candidates to be voted
for in a single county except state senators, state
representatives, and representatives to the Congress
of the United States; an affiliated party committee
controlled by a leader of the Senate as defined in s.
103.092 shall receive payment of assessments upon
candidates for the office of state senator, and an
affiliated party committee controlled by a leader of the
House of Representatives as defined in s. 103.092 shall
receive payment of assessments upon candidates for
the office of state representative; and the state execu
tive committees shall receive all other assessments
authorized. All party assessments shall be 2 percent of
the annual salary of the office sought by the respective
candidate. All such committee assessments shall be
remitted to the state executive committee of the
appropriate party and distributed in accordance with
subsection (5), except that assessments for candidates
for the office of state senator or state representative
shall be remitted to the appropriate affiliated party
committee.
(2) The chair and treasurer of an executive commit
tee of any political party shall be accountable for the
funds of such committee and jointly liable for their
proper expenditure for authorized purposes only. The
funds of each such state executive committee shall be
publicly audited at the end of each calendar year and a
copy of such audit furnished to the Department of State
for its examination prior to April 1 of the ensuing year.
When filed with the Department of State, copies of such
audit shall be public documents. The treasurer of each
county executive committee shall maintain adequate
records evidencing receipt and disbursement of all party
funds received by him or her, and such records shall be
publicly audited at the end of each calendar year and a
copy of such audit filed with the supervisor of elections
and the state executive committee prior to April 1 of the
ensuing year.
(3) Any chair or treasurer of a state or county
executive committee of any political party who know
ingly misappropriates, or makes an unlawful expendi
ture of, or a false or improper accounting for, the funds
of such committee is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(4) The central committee or other equivalent gov
erning body of each state executive committee shall
adopt a rule which governs the time and manner in
which the respective county executive committees of
such party may endorse, certify, screen, or otherwise
recommend one or more candidates for such party’s
nomination for election. Upon adoption, such rule shall
provide the exclusive method by which a county
committee may so endorse, certify, screen, or otherwise
recommend. No later than the date on which qualifying
for public office begins pursuant to s. 99.061, the chair
of each county executive committee shall notify in
writing the supervisor of elections of his or her county
whether the county executive committee has endorsed
or intends to endorse, certify, screen, or otherwise
recommend candidates for nomination pursuant to party
rule. A copy of such notification shall be provided to the
Secretary of State and to the chair of the appropriate
state executive committee.
(5) The state chair of each state executive commit
tee shall return the 2-percent committee assessment for
county candidates to the appropriate county executive
committees only upon receipt of a written statement that
such county executive committee chooses not to
endorse, certify, screen, or otherwise recommend one
or more candidates for such party’s nomination for
election and upon the state chair’s determination that
the county executive committee is in compliance with all
Florida statutes and all state party rules, bylaws,
constitutions, and requirements.
History.—ss. 20, 21, 23, 28, ch. 6469, 1913; RGS 324, 325, 327, 332; CGL 381,
382, 384, 389; s. 1, ch. 25389, 1949; s. 9, ch. 26329, 1949; s. 7, ch. 26870, 1951; s.
41, ch. 28156, 1953; s. 2, ch. 29935, 1955; s. 1, ch. 57-743; s. 1, ch. 61-157; s. 1, ch.
63-97; ss. 6, 7, 8, ch. 67-353; ss. 10, 35, ch. 69-106; s. 26, ch. 77-104; s. 32, ch.
77-175; s. 50, ch. 79-400; s. 1, ch. 82-160; s. 25, ch. 83-217; s. 2, ch. 83-242; s. 1,
ch. 89-256; s. 609, ch. 95-147; s. 64, ch. 2005-277; ss. 3, 30, ch. 2011-6; HJR 7105,
2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
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Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; COMMITTEES F.S. 2011
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
Note.—Former ss. 102.27, 102.28, 102.30, 102.35.
103.131 Political party offices deemed vacant in
certain cases.—Every political party office shall be
deemed vacant in the following cases:
(1) By the death of the incumbent.
(2) By his or her resignation.
(3) By his or her removal.
(4) By his or her ceasing to be an inhabitant of the
state, district, or precinct for which he or she shall have
been elected or appointed.
(5) By his or her refusal to accept the office.
(6) The conviction of the incumbent of any felony.
(7) The decision of a competent tribunal declaring
void his or her election or appointment, and his or her
removal by said tribunal.
(8) By his or her failure to attend, without good and
sufficient reason, three consecutive meetings, regular
or called, of the committee of which he or she is a
member.
History.—s. 1, ch. 59-68; s. 1, ch. 61-122; s. 9, ch. 67-353; s. 610, ch. 95-147.
103.141 Removal of county executive commit
tee member for violation of oath.—If the county
executive committee by at least a two-thirds majority
vote of the members of the committee, attending a
meeting held after due notice has been given and at
which meeting a quorum is present, determines an
incumbent county executive committee member is guilty
of an offense involving a violation of the member’s oath
of office, the member shall be removed from office and
the office shall be deemed vacant. However, if the
county committee wrongfully removes a county com
mittee member and the committee member wrongfully
removed files suit in the circuit court alleging his or her
removal was wrongful and wins the suit, the committee
member shall be restored to office and the county
committee shall pay the costs incurred by the wrongfully
removed committee member in bringing the suit,
including reasonable attorney’s fees.
History.—s. 10, ch. 67-353; s. 611, ch. 95-147; s. 37, ch. 2007-30; s. 48, ch.
2011-40.
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F.S. 2011 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
CHAPTER 104
ELECTION CODE: VIOLATIONS; PENALTIES
104.011 False swearing; submission of false voter
registration information.
104.012 Consideration for registration; interference
with registration; soliciting registrations
for compensation; alteration of registra
tion application.
104.013 Unauthorized use, possession, or destruc
tion of voter information card.
104.031 False declaration to secure assistance in
preparing ballot.
104.041 Fraud in connection with casting vote.
104.045 Vote selling.
104.047 Absentee ballots and voting; violations.
104.051 Violations; neglect of duty; corrupt prac
tices.
104.0515 Voting rights; deprivation of, or interference
with, prohibited; penalty.
104.061 Corruptly influencing voting.
104.0615 Voter intimidation or suppression prohib
ited; criminal penalties.
104.0616 Absentee ballots and voting; violations.
104.071 Remuneration by candidate for services,
support, etc.; penalty.
104.081 Threats of employers to control votes of
employees.
104.091 Aiding, abetting, advising, or conspiring in
violation of the code.
104.101 Failure to assist officers at polls.
104.11 Neglect of duty by sheriff or other officer.
104.13 Intermingling ballots.
104.15 Unqualified electors willfully voting.
104.16 Voting fraudulent ballot.
104.17 Voting in person after casting absentee
ballot.
104.18 Casting more than one ballot at any elec
tion.
104.185 Petitions; knowingly signing more than
once; signing another person’s name or
a fictitious name.
104.19 Using stickers or rubber stamps or carrying
certain items in voting booth; penalty.
104.20 Ballot not to be seen, and other offenses.
104.21 Changing electors’ ballots.
104.22 Stealing and destroying records, etc., of
election.
104.23 Disclosing how elector votes.
104.24 Penalty for assuming name.
104.26 Penalty for destroying ballot or booth, etc.
104.271 False or malicious charges against, or false
statements about, opposing candidates;
penalty.
104.2715 False representations of military service;
penalty.
104.29 Inspectors refusing to allow watchers while
ballots are counted.
104.30 Voting system; unlawful possession; tam
pering.
104.31 Political activities of state, county, and
municipal officers and employees.
104.32 Supervisor of elections; delivery of books to
successor.
104.39 Witnesses as to violations.
104.41 Violations not otherwise provided for.
104.42 Fraudulent registration and illegal voting;
investigation.
104.43 Grand juries; special investigation.
104.011 False swearing; submission of false
voter registration information.—
(1) A person who willfully swears or affirms falsely to
any oath or affirmation, or willfully procures another
person to swear or affirm falsely to an oath or affirma
tion, in connection with or arising out of voting or
elections commits a felony of the third degree, punish
able as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) A person who willfully submits any false voter
registration information commits a felony of the third
degree, punishable as provided in s. 775.082 or s.
775.083.
History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870,
1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13.
104.012 Consideration for registration; interfer
ence with registration; soliciting registrations for
compensation; alteration of registration applica
tion.—
(1) Any person who gives anything of value that is
redeemable in cash to any person in consideration for
his or her becoming a registered voter commits a felony
of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. This section shall
not be interpreted, however, to exclude such services
as transportation to the place of registration or baby-
sitting in connection with the absence of an elector from
home for registering.
(2) A person who by bribery, menace, threat, or
other corruption, directly or indirectly, influences, de
ceives, or deters or attempts to influence, deceive, or
deter any person in the free exercise of that person’s
right to register to vote at any time, upon the first
conviction, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, and, upon any subsequent conviction,
commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person may not solicit or pay another person to
solicit voter registrations for compensation that is based
upon the number of registrations obtained. A person
who violates the provisions of this subsection commits a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(4) A person who alters the voter registration
application of any other person, without the other
person’s knowledge and consent, commits a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.—s. 1, ch. 63-198; s. 20, ch. 71-136; s. 33, ch. 77-175; s. 39, ch. 94-224;
s. 1394, ch. 95-147; s. 32, ch. 97-13; s. 23, ch. 98-129.
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2011
104.013 Unauthorized use, possession, or de
struction of voter information card.—
(1) It is unlawful for any person knowingly to have in
his or her possession any blank, forged, stolen,
fictitious, counterfeit, or unlawfully issued voter informa
tion card unless possession by such person has been
duly authorized by the supervisor.
(2) It is unlawful for any person to barter, trade, sell,
or give away a voter information card unless said person
has been duly authorized to issue a voter information
card.
(3) It is unlawful for any person willfully to destroy or
deface the information card of a duly registered voter.
(4) Any person who violates any of the provisions of
this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
History.—s. 1, ch. 76-49; s. 1, ch. 77-174; s. 34, ch. 77-175; s. 3, ch. 91-224; s.
40, ch. 94-224; s. 1395, ch. 95-147; s. 24, ch. 98-129; s. 44, ch. 2005-278.
104.031 False declaration to secure assistance
in preparing ballot.—Any person who makes a false
declaration for assistance in voting, or in the preparation
of his or her ballot, in any election is guilty of a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083.
History.—s. 49, ch. 4328, 1895; GS 3829; RGS 5892; CGL 8156; s. 8, ch.
26870, 1951; s. 22, ch. 71-136; s. 35, ch. 77-175; s. 4, ch. 91-224; s. 613, ch.
95-147.
Note.—Former s. 99.31.
104.041 Fraud in connection with casting vote.
Any person perpetrating or attempting to perpetrate or
aid in the perpetration of any fraud in connection with
any vote cast, to be cast, or attempted to be cast, is
guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s.
23, ch. 71-136; s. 35, ch. 77-175.
Note.—Former s. 101.14.
104.045 Vote selling.—Any person who:
(1) Corruptly offers to vote for or against, or to refrain
from voting for or against, any candidate in any election
in return for pecuniary or other benefit; or
(2) Accepts a pecuniary or other benefit in exchange
for a promise to vote for or against, or to refrain from
voting for or against, any candidate in any election,
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 81-107; s. 25, ch. 98-129.
104.047 Absentee ballots and voting; violations.
(1) Except as provided in s. 101.62 or s. 101.655,
any person who requests an absentee ballot on behalf
of an elector is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) Any person who marks or designates a choice on
the ballot of another person, except as provided in s.
101.051, s. 101.655, or s. 101.661, is guilty of a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.—s. 26, ch. 98-129; s. 34, ch. 99-2; s. 57, ch. 2001-40; s. 54, ch.
2005-278.
104.051 Violations; neglect of duty; corrupt
practices.—
(1) Any official who willfully violates any of the
provisions of this election code shall be excluded from
the polls. Any election official who is excluded shall be
replaced as provided in this code.
(2) Any official who willfully refuses or willfully
neglects to perform his or her duties as prescribed by
this election code is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
(3) Any official who performs his or her duty as
prescribed by this election code fraudulently or corruptly
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any supervisor, deputy supervisor, or election
employee who attempts to influence or interfere with
any elector voting a ballot commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; s. 16, ch. 14715, 1931; s.
4, ch. 18407, 1937; GS 215, 3824; RGS 259, 5885; CGL 315, 8148; 1936 Supp.
8151(1); 1940 Supp. 7476(8); ss. 3-E, 4, 7, 8, ch. 22018, 1943; s. 8, ch. 26870,
1951; s. 42, ch. 28156, 1953; s. 24, ch. 71-136; s. 35, ch. 77-175; s. 21, ch. 90-315;
s. 614, ch. 95-147; s. 27, ch. 98-129.
104.0515 Voting rights; deprivation of, or inter
ference with, prohibited; penalty.—
(1) All citizens of this state who are otherwise
qualified by law to vote at any election by the people
in this state or in any district, county, city, town,
municipality, school district, or other subdivision of
this state shall be entitled and allowed to vote at all
such elections without distinction according to race,
color, or previous condition of servitude, notwithstand
ing any law, ordinance, regulation, custom, or usage to
the contrary.
(2) No person acting under color of law shall:
(a) In determining whether any individual is qualified
under law to vote in any election, apply any standard,
practice, or procedure different from the standards,
practices, or procedures applied under law to other
individuals within the same political subdivision who
have been found to be qualified to vote; or
(b) Deny the right of any individual to vote in any
election because of an error or omission on any record
or paper relating to any application, registration, or other
act requisite to voting, if such error or omission is not
material in determining whether such individual is
qualified under law to vote in such election. This
paragraph shall apply to absentee ballots only if there
is a pattern or history of discrimination on the basis of
race, color, or previous condition of servitude in regard
to absentee ballots.
(3) No person, whether acting under color of law or
otherwise, shall intimidate, threaten, or coerce, or
attempt to intimidate, threaten, or coerce, any other
person for the purpose of interfering with the right of
such other person to vote or not to vote as that person
may choose, or for the purpose of causing such other
person to vote for, or not vote for, any candidate for any
office at any general, special, or primary election held
solely or in part for the purpose of selecting or electing
any such candidate.
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F.S. 2011 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
(4) No voting qualification or prerequisite to voting,
and no standard, practice, or procedure, shall be
imposed or applied by any political subdivision of this
state to deny or abridge the right of any citizen to vote on
account of race or color.
(5) Any person who violates the provisions of this
section is guilty of a felony of the third degree, punish
able as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 1, ch. 82-59; s. 26, ch. 83-217; s. 5, ch. 91-224; s. 615, ch. 95-147;
s. 28, ch. 98-129.
104.061 Corruptly influencing voting.—
(1) Whoever by bribery, menace, threat, or other
corruption whatsoever, either directly or indirectly,
attempts to influence, deceive, or deter any elector in
voting or interferes with him or her in the free exercise of
the elector’s right to vote at any election commits a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084 for the first convic
tion, and a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, for any
subsequent conviction.
(2) No person shall directly or indirectly give or
promise anything of value to another intending thereby
to buy that person’s or another’s vote or to corruptly
influence that person or another in casting his or her
vote. Any person who violates this subsection is guilty of
a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. However, this
subsection shall not apply to the serving of food to be
consumed at a political rally or meeting or to any item of
nominal value which is used as a political advertise
ment, including a campaign message designed to be
worn by a person.
History.—ss. 1, 3, ch. 6470, 1913; RGS 5918; CGL 8182; s. 1, ch. 19617, 1939;
s. 1, ch. 20934, 1941; s. 7, ch. 22858, 1945; s. 8, ch. 26870, 1951; s. 1, ch. 65-379; s.
25, ch. 71-136; s. 35, ch. 77-175; s. 51, ch. 79-400; s. 21, ch. 81-304; s. 22, ch.
90-315; s. 616, ch. 95-147; s. 29, ch. 98-129.
104.0615 Voter intimidation or suppression pro
hibited; criminal penalties.—
(1) This section may be cited as the “Voter Protec
tion Act.”
(2) A person may not directly or indirectly use or
threaten to use force, violence, or intimidation or any
tactic of coercion or intimidation to induce or compel an
individual to:
(a) Vote or refrain from voting;
(b) Vote or refrain from voting for any particular
individual or ballot measure;
(c) Refrain from registering to vote; or
(d) Refrain from acting as a legally authorized
election official or poll watcher.
(3) A person may not knowingly use false informa
tion to:
(a) Challenge an individual’s right to vote;
(b) Induce or attempt to induce an individual to
refrain from voting or registering to vote; or
(c) Induce or attempt to induce an individual to
refrain from acting as a legally authorized election
official or poll watcher.
(4) A person may not knowingly destroy, mutilate, or
deface a voter registration form or election ballot or
obstruct or delay the delivery of a voter registration form
or election ballot.
(5) A person who violates subsection (2), subsection
(3), or subsection (4) commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 76, ch. 2005-277.
104.0616 Absentee ballots and voting; viola-
tions.—Any person who provides or offers to provide,
and any person who accepts, a pecuniary or other
benefit in exchange for distributing, ordering, request
ing, collecting, delivering, or otherwise physically pos
sessing absentee ballots, with intent to alter, change,
modify, or erase any vote on the absentee ballot, except
as provided in ss. 101.6105-101.695, commits a felony
of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.—s. 53, ch. 2005-278.
104.071 Remuneration by candidate for ser
vices, support, etc.; penalty.—
(1) It is unlawful for any person supporting a
candidate, or for any candidate, in order to aid or
promote the nomination or election of such candidate in
any election, directly or indirectly to:
(a) Promise to appoint another person, promise to
secure or aid in securing appointment, nomination or
election of another person to any public or private
position, or to any position of honor, trust, or emolument,
except one who has publicly announced or defined what
his or her choice or purpose in relation to any election in
which he or she may be called to take part, if elected.
(b) Give, or promise to give, pay, or loan, any money
or other thing of value to the owner, editor, publisher, or
agent, of any communication media, as well as news
papers, to advocate or oppose, through such media,
any candidate for nomination in any election or any
candidate for election, and no such owner, editor, or
agent shall give, solicit, or accept such payment or
reward. It shall likewise be unlawful for any owner,
editor, publisher, or agent of any poll-taking or poll-
publishing concern to advocate or oppose through such
poll any candidate for nomination in any election or any
candidate for election in return for the giving or
promising to give, pay, or loan any money or other
thing of value to said owner, editor, publisher, or agent
of any poll-taking or poll-publishing concern.
(c) Give, pay, expend, or contribute any money or
thing of value for the furtherance of the candidacy of any
other candidate.
(d) Furnish, give, or deliver to another person any
money or other thing of value for any purpose prohibited
by the election laws.
This subsection shall not prohibit a candidate from
furnishing complimentary tickets to the candidate’s
campaign fund raiser to other candidates.
(2) A candidate may give his or her own personal or
business funds to another candidate, so long as the
contribution is not given in exchange for a promise or
expectation that the recipient will directly or indirectly do
anything to aid or promote the candidacy of the
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2011
contributor which the recipient would not have otherwise
done.
(3) Any person who violates any provision of this
section is guilty of a felony of the third degree, punish
able as provided in s. 775.082 or s. 775.083, and from
and after conviction shall be disqualified to hold office.
History.—s. 8, ch. 26870, 1951; s. 2, ch. 65-379; s. 26, ch. 71-136; s. 35, ch.
77-175; s. 52, ch. 79-400; s. 33, ch. 89-338; s. 617, ch. 95-147.
104.081 Threats of employers to control votes of
employees.—It is unlawful for any person having one
or more persons in his or her service as employees to
discharge or threaten to discharge any employee in his
or her service for voting or not voting in any election,
state, county, or municipal, for any candidate or
measure submitted to a vote of the people. Any person
who violates the provisions of this section is guilty of a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 27, ch. 71-136; s. 35, ch. 77-175; s. 618, ch.
95-147; s. 30, ch. 98-129.
104.091 Aiding, abetting, advising, or conspir
ing in violation of the code.—
(1) Any person who knowingly aids, abets, or
advises the violation of this code shall be punished in
like manner as the principal offender.
(2) Any person who agrees, conspires, combines, or
confederates with another person to commit a violation
of this code shall be punished as if he or she had
committed the violation.
(3) Any person who knows of a felony violation of
this code and gives any aid to the offender who has
violated this code, with intent that the offender avoid or
escape detection, arrest, trial, or punishment, shall be
punished as if he or she had committed the violation.
This subsection does not prohibit a member of The
Florida Bar from giving legal advice to a client.
History.—s. 8, ch. 26870, 1951; s. 1, ch. 67-164; s. 28, ch. 71-136; s. 35, ch.
77-175; s. 1, ch. 2002-214.
104.101 Failure to assist officers at polls.—Any
person summoned by the sheriff or deputy sheriff who
fails or refuses to assist him or her in maintaining the
peace at the polls is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
History.—s. 27, ch. 3879, 1889; RS 181; s. 58, ch. 4328, 1895; GS 3834; RGS
5896; CGL 8160; s. 8, ch. 26870, 1951; s. 29, ch. 71-136; s. 35, ch. 77-175; s. 619,
ch. 95-147.
Note.—Former s. 99.40.
104.11 Neglect of duty by sheriff or other officer.
Any sheriff, deputy sheriff, or other officer who willfully
neglects or willfully refuses to perform his or her duties
relating to elections is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
History.—s. 8, ch. 26870, 1951; s. 30, ch. 71-136; s. 35, ch. 77-175; s. 620, ch.
95-147.
104.13 Intermingling ballots.—Whoever willfully
places any ballot in the ballot box except as properly
voted by electors, or willfully intermingles any other
ballots which have not been duly received during the
election with the ballots which are voted by the electors,
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 3, ch. 65-379; s. 32, ch. 71-136; s. 35, ch.
77-175.
104.15 Unqualified electors willfully voting.—
Whoever, knowing he or she is not a qualified elector,
willfully votes at any election is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 5, ch. 65-379; s. 34, ch. 71-136; s. 35, ch.
77-175; s. 621, ch. 95-147.
104.16 Voting fraudulent ballot.—Any elector
who knowingly votes or attempts to vote a fraudulent
ballot, or any person who knowingly solicits, or at
tempts, to vote a fraudulent ballot, is guilty of a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.—s. 36, ch. 4328, 1895; GS 221; s. 42, ch. 6469, 1913; RGS 266, 346,
5911; CGL 322, 403; 8175; s. 6, ch. 17898, 1937; s. 3, ch. 17901, 1937; s. 6, ch.
25187, 1949; s. 4, ch. 25386, 1949; s. 8, ch. 26870, 1951; s. 6, ch. 65-379; s. 35, ch.
71-136; s. 35, ch. 77-175.
Note.—Former ss. 99.20, 102.41.
104.17 Voting in person after casting absentee
ballot.—Any person who willfully votes or attempts to
vote both in person and by absentee ballot at any
election is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
History.—s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s.
7, ch. 65-379; s. 36, ch. 71-136; s. 35, ch. 77-175.
Note.—Former s. 101.11.
104.18 Casting more than one ballot at any
election.—Except as provided in s. 101.6952, whoever
willfully votes more than one ballot at any election
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 8, ch. 65-379; s. 37, ch. 71-136; s. 35, ch.
77-175; s. 4, ch. 2011-162.
104.185 Petitions; knowingly signing more than
once; signing another person’s name or a fictitious
name.—
(1) A person who knowingly signs a petition or
petitions for a candidate, a minor political party, or an
issue more than one time commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(2) A person who signs another person’s name or a
fictitious name to any petition to secure ballot position
for a candidate, a minor political party, or an issue
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 77-178; s. 6, ch. 91-224; s. 23, ch. 97-13.
104.19 Using stickers or rubber stamps or
carrying certain items in voting booth; penalty.—
(1)(a) It is unlawful for any person casting a ballot at
any election to use stickers or rubber stamps or to carry
into a voting booth any mechanical device, paper, or
memorandum which might be used to affect adversely
the normal election process.
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F.S. 2011 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
(b) In casting a write-in ballot, the elector shall cast
the same in his or her own handwriting or in the
handwriting of an authorized person aiding him or her.
(2) Any person who violates the provisions of this
section is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 25187, 1949; s. 8, ch. 26870, 1951; s. 1, ch. 70-136; s. 39, ch.
71-136; s. 35, ch. 77-175; s. 16, ch. 81-105; s. 622, ch. 95-147.
Note.—Former s. 99.201.
104.20 Ballot not to be seen, and other offenses.
Any elector who, except as provided by law, allows his
or her ballot to be seen by any person; takes or
removes, or attempts to take or remove, any ballot
from the polling place before the close of the polls;
places any mark on his or her ballot by which it may be
identified; endeavors to induce any elector to show how
he or she voted; aids or attempts to aid any elector
unlawfully; or prints or procures to be printed, or has in
his or her possession, any copies of any ballot prepared
to be voted is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 55, ch. 4328, 1895; s. 2, ch. 4536, 1897; GS 3835; RGS 5897; CGL
8161; s. 8, ch. 26870, 1951; s. 40, ch. 71-136; s. 35, ch. 77-175; s. 623, ch. 95-147;
s. 19, ch. 2002-281.
Note.—Former s. 99.34.
104.21 Changing electors’ ballots.—Whoever
fraudulently changes or attempts to change the vote
or ballot of any elector, by which actions such elector is
prevented from voting such ballot or from voting such
ballot as the elector intended, is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 10, ch. 65-379; s. 41, ch. 71-136; s. 35, ch.
77-175; s. 624, ch. 95-147.
104.22 Stealing and destroying records, etc., of
election.—Any person who is guilty of stealing, willfully
and wrongfully breaking, destroying, mutilating, defa
cing, or unlawfully moving or securing and detaining the
whole or any part of any ballot box or any record tally
sheet or copy thereof, returns, or any other paper or
document provided for, or who fraudulently makes any
entry or alteration therein except as provided by law, or
who permits any other person so to do, is guilty of a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 11, ch. 65-379; s. 42, ch. 71-136; s. 35, ch.
77-175.
104.23 Disclosing how elector votes.—Any elec
tion official or person assisting any elector who willfully
discloses how any elector voted, except upon trial in
court, is guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 12, ch. 65-379; s. 43, ch. 71-136; s. 35, ch.
77-175.
104.24 Penalty for assuming name.—A person
may not, in connection with any part of the election
process, fraudulently call himself or herself, or fraudu
lently pass by, any other name than the name by which
the person is registered or fraudulently use the name of
another in voting. Any person who violates this section
is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 57, ch. 6469, 1913; RGS 360, 5913; CGL 417, 8177; s. 4, ch.
22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s. 13, ch. 65-379; s. 44,
ch. 71-136; s. 35, ch. 77-175; s. 625, ch. 95-147; s. 31, ch. 98-129.
Note.—Former ss. 101.14, 102.53.
104.26 Penalty for destroying ballot or booth,
etc.—Any person who wrongfully, during or before an
election, removes, tears down, destroys, or defaces any
ballot, booth, compartment, or other convenience
provided for the purpose of enabling the elector to
prepare his or her ballot, or any card for the instruction of
the voter, is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 26870, 1951; s. 46, ch. 71-136; s. 35, ch. 77-175; s. 626, ch.
95-147.
104.271 False or malicious charges against, or
false statements about, opposing candidates; pen
alty.—
(1) Any candidate who, in a primary election or other
election, willfully charges an opposing candidate parti
cipating in such election with a violation of any provision
of this code, which charge is known by the candidate
making such charge to be false or malicious, is guilty of
a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083 and, in addition, after conviction
shall be disqualified to hold office.
(2) Any candidate who, in a primary election or other
election, with actual malice makes or causes to be made
any statement about an opposing candidate which is
false is guilty of a violation of this code. An aggrieved
candidate may file a complaint with the Florida Elections
Commission pursuant to s. 106.25. The commission
shall adopt rules to provide an expedited hearing of
complaints filed under this subsection. Notwithstanding
any other provision of law, the commission shall assess
a civil penalty of up to $5,000 against any candidate
found in violation of this subsection, which shall be
deposited to the account of the General Revenue Fund
of the state.
History.—s. 44, ch. 28156, 1953; s. 48, ch. 71-136; s. 27, ch. 77-104; s. 35, ch.
77-175; s. 1, ch. 85-210; s. 627, ch. 95-147; s. 44, ch. 97-13.
104.2715 False representations of military ser
vice; penalty.—
(1) A candidate who, in a primary or other election,
falsely represents, directly or indirectly, that he or she
served or is currently serving in the military, whether
active duty, reserve, or National Guard, commits a
violation of the Florida Election Code.
(2) Any person may file a complaint with the Florida
Elections Commission pursuant to s. 106.25 alleging a
violation of subsection (1).
(3) The commission shall adopt rules to provide an
expedited hearing of complaints filed under subsection
(2), or, in cases referred to the Division of Administrative
Hearings pursuant to s. 106.25(5), the director shall
assign an administrative law judge to provide an
expedited hearing.
(4) Notwithstanding any other law, the commission
or administrative law judge shall assess a civil penalty of
up to $5,000 against any candidate who is found to have
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Ch. 104 ELECTION CODE: VIOLATIONS; PENALTIES F.S. 2011
violated subsection (1), which shall be deposited into
the General Revenue Fund.
History.—s. 1, ch. 2011-148.
104.29 Inspectors refusing to allow watchers
while ballots are counted.—The inspectors or other
election officials at the polling place shall, after the polls
close, allow as many as three persons near to them to
see whether the ballots are being reconciled correctly.
Any official who denies this privilege or interferes
therewith commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 26870, 1951; s. 51, ch. 71-136; s. 35, ch. 77-175; s. 53, ch.
79-400; s. 50, ch. 2011-40.
104.30 Voting system; unlawful possession;
tampering.—
(1) Any unauthorized person who unlawfully has
possession of any voting system, components, or key
thereof is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who tampers or attempts to tamper
with or destroy any voting system or equipment with the
intention of interfering with the election process or the
results thereof is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 26, ch. 13893, 1929; CGL 1936 Supp. 8202(1); s. 8, ch. 26870,
1951; s. 17, ch. 65-379; s. 52, ch. 71-136; s. 35, ch. 77-175; s. 29, ch. 2001-40.
Note.—Former s. 100.28.
104.31 Political activities of state, county, and
municipal officers and employees.—
(1) No officer or employee of the state, or of any
county or municipality thereof, except as hereinafter
exempted from provisions hereof, shall:
(a) Use his or her official authority or influence for
the purpose of interfering with an election or a nomina
tion of office or coercing or influencing another person’s
vote or affecting the result thereof.
(b) Directly or indirectly coerce or attempt to coerce,
command, or advise any other officer or employee to
pay, lend, or contribute any part of his or her salary, or
any money, or anything else of value to any party,
committee, organization, agency, or person for political
purposes. Nothing in this paragraph or in any county or
municipal charter or ordinance shall prohibit an employ
ee from suggesting to another employee in a noncoer
cive manner that he or she may voluntarily contribute to
a fund which is administered by a party, committee,
organization, agency, person, labor union or other
employee organization for political purposes.
(c) Directly or indirectly coerce or attempt to coerce,
command, and advise any such officer or employee as
to where he or she might purchase commodities or to
interfere in any other way with the personal right of said
officer or employee.
The provisions of this section shall not be construed so
as to prevent any person from becoming a candidate for
and actively campaigning for any elective office in this
state. All such persons shall retain the right to vote as
they may choose and to express their opinions on all
political subjects and candidates. The provisions of
paragraph (a) shall not be construed so as to limit the
political activity in a general, special, primary, bond,
referendum, or other election of any kind or nature, of
elected officials or candidates for public office in the
state or of any county or municipality thereof; and the
provisions of paragraph (a) shall not be construed so as
to limit the political activity in general or special elections
of the officials appointed as the heads or directors of
state administrative agencies, boards, commissions, or
committees or of the members of state boards, commis
sions, or committees, whether they be salaried, non-
salaried, or reimbursed for expense. In the event of a
dual capacity of any member of a state board, commis
sion, or committee, any restrictive provisions applicable
to either capacity shall apply. The provisions of para
graph (a) shall not be construed so as to limit the
political activity in a general, special, primary, bond,
referendum, or other election of any kind or nature of the
Governor, the elected members of the Governor’s
Cabinet, or the members of the Legislature. The
provisions of paragraphs (b) and (c) shall apply to all
officers and employees of the state or of any county or
municipality thereof, whether elected, appointed, or
otherwise employed, or whether the activity shall be
in connection with a primary, general, special, bond,
referendum, or other election of any kind or nature.
(2) An employee of the state or any political sub
division may not participate in any political campaign for
an elective office while on duty.
(3) Any person violating the provisions of this section
is guilty of a misdemeanor of the first degree, punish
able as provided in s. 775.082 or s. 775.083.
(4) Nothing contained in this section or in any county
or municipal charter shall be deemed to prohibit any
public employee from expressing his or her opinions on
any candidate or issue or from participating in any
political campaign during the employee’s off-duty hours,
so long as such activities are not in conflict with the
provisions of subsection (1) or s. 110.233.
History.—s. 8, ch. 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch. 29936, 1955; s.
1, ch. 59-208; s. 18, ch. 65-379; s. 53, ch. 71-136; ss. 1, 2, ch. 74-13; s. 1, ch.
75-261; s. 30, ch. 79-190; s. 1, ch. 80-207; s. 628, ch. 95-147; s. 1, ch. 2006-275.
104.32 Supervisor of elections; delivery of
books to successor.—Any supervisor of elections
who willfully fails or refuses promptly to comply with
the demand of his or her successor for the delivery of
registration books, papers, and blanks connected with
his or her office is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
History.—s. 8, ch. 3879, 1889; RS 2779; s. 9, ch. 4328, 1895; GS 3820; RGS
5881; CGL 8144; s. 8, ch. 26870, 1951; s. 2, ch. 65-60; s. 54, ch. 71-136; s. 35, ch.
77-175; s. 629, ch. 95-147.
Note.—Former s. 98.21.
104.39 Witnesses as to violations.—Any person
who violates any provision of this code shall be a
competent witness against any other person so violating
and may be compelled to attend and testify as any other
person. The testimony given shall not be used in any
prosecution or criminal proceeding against the person
so testifying, except in a prosecution for perjury.
History.—s. 8, ch. 26870, 1951; s. 35, ch. 77-175.
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F.S. 2011 ELECTION CODE: VIOLATIONS; PENALTIES Ch. 104
104.41 Violations not otherwise provided for.—
Any violation of this code not otherwise provided for is a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 26870, 1951; s. 61, ch. 71-136; s. 35, ch. 77-175.
104.42 Fraudulent registration and illegal vot
ing; investigation.—
(1) The supervisor of elections is authorized to
investigate fraudulent registrations and illegal voting
and to report his or her findings to the local state
attorney and the Florida Elections Commission.
(2) The board of county commissioners in any
county may appropriate funds to the supervisor of
elections for the purpose of investigating fraudulent
registrations and illegal voting.
History.—ss. 12, 14, ch. 17899, 1937; CGL 1940 Supp. 369(4); s. 8, ch. 26870,
1951; s. 35, ch. 77-175; s. 32, ch. 98-129.
Note.—Former s. 100.40.
104.43 Grand juries; special investigation.—The
grand jury in any circuit shall, upon the request of any
candidate or qualified voter, make a special investiga
tion when it convenes during a campaign preceding any
election day to determine whether there is any violation
of the provisions of this code, and shall return indict
ments when sufficient ground is found.
History.—s. 8, ch. 26870, 1951; s. 35, ch. 77-175.
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Ch. 105 NONPARTISAN ELECTIONS F.S. 2011
CHAPTER 105
NONPARTISAN ELECTIONS
105.011 Definitions.
105.031 Qualification; filing fee; candidate’s oath;
items required to be filed.
105.035 Petition process of qualifying for certain
judicial offices and the office of school
board member.
105.036 Initiative for method of selection for circuit or
county court judges; procedures for place
ment on ballot.
105.041 Form of ballot.
105.051 Determination of election or retention to
office.
105.061 Electors qualified to vote.
105.071 Candidates for judicial office; limitations on
political activity.
105.08 Campaign contribution and expense; report
ing.
105.09 Political activity in behalf of a candidate for
judicial office limited.
105.10 Applicability of election code.
105.101 Effect of revision of county court judge
selection method.
105.102 Effect of revision of circuit court judge
selection method.
105.011 Definitions.—
(1) As used in this chapter, the term “judicial office”
includes the office of:
(a) Justice of the Supreme Court.
(b) Judge of a district court of appeal.
(c) Judge of a circuit court.
(d) County court judge.
(2) A judicial office is a nonpartisan office, and a
candidate for election or retention thereto is prohibited
from campaigning or qualifying for such an office based
on party affiliation.
History.—s. 1, ch. 71-49; s. 1, ch. 72-310; s. 36, ch. 77-175.
105.031 Qualification; filing fee; candidate’s
oath; items required to be filed.—
(1) TIME OF QUALIFYING.—Except for candidates
for judicial office, nonpartisan candidates for multi
county office shall qualify with the Division of Elections
of the Department of State and nonpartisan candidates
for countywide or less than countywide office shall
qualify with the supervisor of elections. Candidates for
judicial office other than the office of county court judge
shall qualify with the Division of Elections of the
Department of State, and candidates for the office of
county court judge shall qualify with the supervisor of
elections of the county. Candidates for judicial office
shall qualify no earlier than noon of the 120th day, and
no later than noon of the 116th day, before the primary
election. Candidates for the office of school board
member shall qualify no earlier than noon of the 71st
day, and no later than noon of the 67th day, before the
primary election. Filing shall be on forms provided for
that purpose by the Division of Elections and furnished
by the appropriate qualifying officer. Any person other
than a write-in candidate who qualifies within the time
prescribed in this subsection shall be entitled to have his
or her name printed on the ballot.
(2) FILING IN GROUPS OR DISTRICTS.—Candi
dates shall qualify in groups or districts where multiple
offices are to be filled.
(3) QUALIFYING FEE.—Each candidate qualifying
for election to a judicial office or the office of school
board member, except write-in judicial or school board
candidates, shall, during the time for qualifying, pay to
the officer with whom he or she qualifies a qualifying fee,
which shall consist of a filing fee and an election
assessment, or qualify by the petition process. The
amount of the filing fee is 3 percent of the annual salary
of the office sought. The amount of the election
assessment is 1 percent of the annual salary of the
office sought. The Department of State shall transfer all
filing fees to the Department of Legal Affairs for deposit
in the Elections Commission Trust Fund. The supervisor
of elections shall forward all filing fees to the Elections
Commission Trust Fund. The election assessment shall
be deposited into the Elections Commission Trust Fund.
The annual salary of the office for purposes of comput
ing the qualifying fee shall be computed by multiplying
12 times the monthly salary authorized for such office as
of July 1 immediately preceding the first day of
qualifying. This subsection does not apply to candidates
qualifying for retention to judicial office.
(4) CANDIDATE’S OATH.—
(a) All candidates for the office of school board
member shall subscribe to the oath as prescribed in s.
99.021.
(b) All candidates for judicial office shall subscribe to
an oath or affirmation in writing to be filed with the
appropriate qualifying officer upon qualifying. A printed
copy of the oath or affirmation shall be furnished to the
candidate by the qualifying officer and shall be in
substantially the following form:
State of Florida
County of __
Before me, an officer authorized to administer oaths,
personally appeared (please print name as you wish it to appear on the
ballot) , to me well known, who, being sworn, says he or
she: is a candidate for the judicial office of
__; that his
or her legal residence is __ County, Florida; that he or
she is a qualified elector of the state and of the territorial
jurisdiction of the court to which he or she seeks
election; that he or she is qualified under the constitution
and laws of Florida to hold the judicial office to which he
or she desires to be elected or in which he or she
desires to be retained; that he or she has qualified for no
other public office in the state, the term of which office or
any part thereof runs concurrent to the office he or she
seeks; that he or she has resigned from any office which
he or she is required to resign pursuant to s. 99.012,
Florida Statutes; and that he or she will support the
Constitution of the United States and the Constitution of
the State of Florida.
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F.S. 2011 NONPARTISAN ELECTIONS Ch. 105
(Signature of candidate)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(5) ITEMS REQUIRED TO BE FILED.—
(a) In order for a candidate for judicial office or the
office of school board member to be qualified, the
following items must be received by the filing officer by
the end of the qualifying period:
1. Except for candidates for retention to judicial
office, a properly executed check drawn upon the
candidate’s campaign account in an amount not less
than the fee required by subsection (3) or, in lieu
thereof, the copy of the notice of obtaining ballot position
pursuant to s. 105.035. If a candidate’s check is
returned by the bank for any reason, the filing officer
shall immediately notify the candidate and the candidate
shall, the end of qualifying notwithstanding, have 48
hours from the time such notification is received,
excluding Saturdays, Sundays, and legal holidays, to
pay the fee with a cashier’s check purchased from funds
of the campaign account. Failure to pay the fee as
provided in this subparagraph shall disqualify the
candidate.
2. The candidate’s oath required by subsection (4),
which must contain the name of the candidate as it is to
appear on the ballot; the office sought, including the
district or group number if applicable; and the signature
of the candidate, duly acknowledged.
3. The loyalty oath required by s. 876.05, signed by
the candidate and duly acknowledged.
4. The completed form for the appointment of
campaign treasurer and designation of campaign de
pository, as required by s. 106.021. In addition, each
candidate for judicial office, including an incumbent
judge, shall file a statement with the qualifying officer,
within 10 days after filing the appointment of campaign
treasurer and designation of campaign depository,
stating that the candidate has read and understands
the requirements of the Florida Code of Judicial
Conduct. Such statement shall be in substantially the
following form:
Statement of Candidate for Judicial Office
I, (name of candidate) , a judicial candidate, have received,
read, and understand the requirements of the Florida
Code of Judicial Conduct.
(Signature of candidate)
(Date)
5. The full and public disclosure of financial interests
required by s. 8, Art. II of the State Constitution or the
statement of financial interests required by s. 112.3145,
whichever is applicable. A public officer who has filed
the full and public disclosure or statement of financial
interests with the Commission on Ethics or the super
visor of elections prior to qualifying for office may file a
copy of that disclosure at the time of qualifying.
(b) If the filing officer receives qualifying papers that
do not include all items as required by paragraph (a)
prior to the last day of qualifying, the filing officer shall
make a reasonable effort to notify the candidate of the
missing or incomplete items and shall inform the
candidate that all required items must be received by
the close of qualifying. A candidate’s name as it is to
appear on the ballot may not be changed after the end of
qualifying.
(6) Notwithstanding the qualifying period prescribed
in this section, a filing officer may accept and hold
qualifying papers submitted not earlier than 14 days
prior to the beginning of the qualifying period, to be
processed and filed during the qualifying period.
History.—s. 3, ch. 71-49; s. 36, ch. 77-175; s. 1, ch. 78-260; s. 5, ch. 79-365; s.
54, ch. 79-400; s. 17, ch. 81-105; s. 10, ch. 83-251; s. 1, ch. 89-152; s. 34, ch.
89-338; s. 5, ch. 91-107; s. 630, ch. 95-147; s. 2, ch. 95-156; s. 13, ch. 97-13; s. 13,
ch. 99-6; s. 2, ch. 99-326; s. 2, ch. 99-355; s. 23, ch. 2002-17; s. 65, ch. 2005-277; s.
21, ch. 2005-286; s. 40, ch. 2007-30; s. 4, ch. 2010-16; s. 51, ch. 2011-40.
105.035 Petition process of qualifying for cer
tain judicial offices and the office of school board
member.—
(1) A person seeking to qualify for election to the
office of circuit judge or county court judge or the office
of school board member may qualify for election to such
office by means of the petitioning process prescribed in
this section. A person qualifying by this petition process
is not required to pay the qualifying fee required by this
chapter.
(2) The petition format shall be prescribed by the
Division of Elections and shall be used by the candidate
to reproduce petitions for circulation. If the candidate is
running for an office that will be grouped on the ballot
with two or more similar offices to be filled at the same
election, the candidate’s petition must indicate, prior to
the obtaining of registered electors’ signatures, for
which group or district office the candidate is running.
(3) Each candidate for election to a judicial office or
the office of school board member shall obtain the
signature of a number of qualified electors equal to at
least 1 percent of the total number of registered electors
of the district, circuit, county, or other geographic entity
represented by the office sought as shown by the
compilation by the Department of State for the last
preceding general election. A separate petition shall be
circulated for each candidate availing himself or herself
of the provisions of this section. Signatures may not be
obtained until the candidate has filed the appointment of
campaign treasurer and designation of campaign de
pository pursuant to s. 106.021.
(4)(a) Each candidate seeking to qualify for election
to the office of circuit judge or the office of school board
member from a multicounty school district pursuant to
this section shall file a separate petition from each
county from which signatures are sought. Each petition
shall be submitted, prior to noon of the 28th day
preceding the first day of the qualifying period for the
office sought, to the supervisor of elections of the county
for which such petition was circulated. Each supervisor
of elections to whom a petition is submitted shall check
the signatures on the petition to verify their status as
electors of that county and of the geographic area
represented by the office sought. No later than the 7th
day before the first date for qualifying, the supervisor
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Ch. 105 NONPARTISAN ELECTIONS F.S. 2011
shall certify the number shown as registered electors
and submit such certification to the Division of Elections.
The division shall determine whether the required
number of signatures has been obtained for the name
of the candidate to be placed on the ballot and shall
notify the candidate. If the required number of signa
tures has been obtained, the candidate shall, during the
time prescribed for qualifying for office, submit a copy of
such notice and file his or her qualifying papers and oath
prescribed in s. 105.031 with the Division of Elections.
Upon receipt of the copy of such notice and qualifying
papers, the division shall certify the name of the
candidate to the appropriate supervisor or supervisors
of elections as having qualified for the office sought.
(b) Each candidate seeking to qualify for election to
the office of county court judge or the office of school
board member from a single county school district
pursuant to this section shall submit his or her petition,
prior to noon of the 28th day preceding the first day of
the qualifying period for the office sought, to the
supervisor of elections of the county for which such
petition was circulated. The supervisor shall check the
signatures on the petition to verify their status as
electors of the county and of the geographic area
represented by the office sought. No later than the
7th day before the first date for qualifying, the supervisor
shall determine whether the required number of signa
tures has been obtained for the name of the candidate
to be placed on the ballot and shall notify the candidate.
If the required number of signatures has been obtained,
the candidate shall, during the time prescribed for
qualifying for office, submit a copy of such notice and
file his or her qualifying papers and oath prescribed in s.
105.031 with the qualifying officer. Upon receipt of the
copy of such notice and qualifying papers, such
candidate shall be entitled to have his or her name
printed on the ballot.
History.—s. 37, ch. 77-175; s. 2, ch. 89-152; s. 35, ch. 89-338; s. 23, ch. 90-315;
s. 631, ch. 95-147; s. 6, ch. 99-318; s. 3, ch. 99-326; s. 66, ch. 2005-277.
105.036 Initiative for method of selection for
circuit or county court judges; procedures for
placement on ballot.—
(1) Subsequent to the general election in the year
2000, a local option for merit selection and retention or
the election of circuit or county court judges may be
placed on the ballot for the general election occurring in
excess of 90 days from the certification of ballot position
by the Secretary of State for circuit court judges or the
county supervisor of elections for county court judges.
The ballot shall provide for a vote on the method for
selection of judges not currently used for filling judicial
offices in the county or circuit.
(2) Certification of ballot position for the method of
selection of circuit court judges shall be issued when the
Secretary of State has received a verification certificate
from each supervisor of elections in a circuit indicating
that the requisite number of valid signatures of electors
in the circuit has been submitted and verified by the
supervisor or supervisors of that circuit. Certification of
ballot position for the method of selection of county court
judges shall be issued when the supervisor of elections
in a county indicates that the requisite number of
signatures of electors in the county has been submitted
to and verified by the supervisor. Each signature shall
be dated when made and shall be valid for a period of 2
years following such date, provided all requirements of
law are complied with.
(3) The sponsor of an initiative for merit selection
and retention or election of circuit or county court judges
must register as a political committee pursuant to s.
106.03.
(4) The Secretary of State shall adopt rules pursuant
to ss. 120.536(1) and 120.54 prescribing the style and
requirements of the circuit court and county court forms
for collection of signatures.
(5) No later than 5 p.m. 151 days prior to the general
election at which the proposed judicial selection initia
tive is to be voted on, the sponsor shall submit signed
and dated forms to the appropriate supervisor of
elections for verification as to the number of registered
electors whose valid signatures appear thereon. The
supervisor shall promptly verify the signatures upon
payment of the fee or filing of the undue burden oath
required by s. 99.097. Verification must be completed at
least 91 days prior to the general election. Upon
completion of verification, the supervisor shall execute
a certificate indicating the total number of signatures
checked and the number of signatures verified as valid
and as being of registered electors of the applicable
county or circuit. This certificate must be immediately
transmitted to the Secretary of State for petitions related
to the method of selection of circuit court judges. The
supervisor must retain the signature forms for at least 1
year following the election in which the issue appeared
on the ballot or until the committee that circulated the
petition is no longer seeking to obtain ballot position as
determined by the Division of Elections for circuit court
petitions or by the supervisor of elections for county
court petitions.
(6) Upon a determination by the Secretary of State
for circuit court petitions or by the supervisor of elections
for county court petitions that the requisite number of
valid signatures has been obtained, a certification of
ballot position must be issued for the proposed method
of selection of judges. A request to exercise a local
option to change the method for selection of circuit or
county court judges is deemed filed with the Secretary
of State for circuit court judges or the supervisor of
elections for county court judges upon the date of the
receipt of a certificate or certificates indicating the
petition has been signed by the constitutionally required
number of electors.
(7) Within 10 days after each general election for
which an initiative to change the method of selection of
circuit or county court judges was placed on the ballot in
any circuit or county in the state, the Secretary of State
must notify the Chief Justice of the Supreme Court of
Florida of the changed method for selection of judges for
any circuit or county where the initiative passed.
(8) The Department of State shall have the authority
to promulgate rules in accordance with ss. 120.536(1)
and 120.54 to carry out the provisions of this section.
History.—s. 9, ch. 99-355.
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F.S. 2011 NONPARTISAN ELECTIONS Ch. 105
105.041 Form of ballot.—
(1) BALLOTS.—The names of candidates for non
partisan office which appear on the ballot at the primary
election shall be grouped together on a separate portion
of the ballot or on a separate ballot. The names of
candidates for election to nonpartisan office which
appear on the ballot at the general election and the
names of justices and judges seeking retention to office
shall be grouped together on a separate portion of the
general election ballot.
(2) LISTING OF CANDIDATES.—The order of non
partisan offices appearing on the ballot shall be
determined by the Department of State. The names
of candidates for election to each nonpartisan office
shall be listed in alphabetical order. With respect to
retention of justices and judges, the question “Shall
Justice (or Judge) (name of justice or judge) of the
(name of the court) be retained in office?” shall appear
on the ballot in alphabetical order and thereafter the
words “Yes” and “No.”
(3) REFERENCE TO PARTY AFFILIATION PRO-
HIBITED.—No reference to political party affiliation shall
appear on any ballot with respect to any nonpartisan
office or candidate.
(4) WRITE-IN CANDIDATES.—Space shall be
made available on the general election ballot for an
elector to write in the name of a write-in candidate for
judge of a circuit court or county court or member of a
school board if a candidate has qualified as a write-in
candidate for such office pursuant to s. 105.031. This
subsection shall not apply to the offices of justices and
judges seeking retention.
History.—s. 4, ch. 71-49; s. 38, ch. 77-175; s. 55, ch. 79-400; s. 1, ch. 80-305; s.
18, ch. 81-105; s. 4, ch. 99-326; s. 3, ch. 99-355; s. 2, ch. 2000-361; s. 22, ch.
2005-286; s. 34, ch. 2008-95.
105.051 Determination of election or retention
to office.—
(1) ELECTION.—In circuits and counties holding
elections:
(a) The name of an unopposed candidate for the
office of circuit judge, county court judge, or member of
a school board shall not appear on any ballot, and such
candidate shall be deemed to have voted for himself or
herself at the general election.
(b) If two or more candidates, neither of whom is a
write-in candidate, qualify for such an office, the names
of those candidates shall be placed on the ballot at the
primary election. If any candidate for such office
receives a majority of the votes cast for such office in
the primary election, the name of the candidate who
receives such majority shall not appear on any other
ballot unless a write-in candidate has qualified for such
office. An unopposed candidate shall be deemed to
have voted for himself or herself at the general election.
If no candidate for such office receives a majority of the
votes cast for such office in the primary election, the
names of the two candidates receiving the highest
number of votes for such office shall be placed on the
general election ballot. If more than two candidates
receive an equal and highest number of votes, the name
of each candidate receiving an equal and highest
number of votes shall be placed on the general election
ballot. In any contest in which there is a tie for second
place and the candidate placing first did not receive a
majority of the votes cast for such office, the name of the
candidate placing first and the name of each candidate
tying for second shall be placed on the general election
ballot.
(c) The candidate who receives the highest number
of votes cast for the office in the general election shall be
elected to such office. If the vote at the general election
results in a tie, the outcome shall be determined by lot.
(2) RETENTION.—With respect to any justice or
judge who qualifies to run for retention in office, the
question prescribed in s. 105.041(2) shall be placed on
the ballot at the general election. If a majority of the
qualified electors voting on such question within the
territorial jurisdiction of the court vote for retention, the
justice or judge shall be retained for a term of 6 years
commencing on the first Tuesday after the first Monday
in January following the general election. If less than a
majority of the qualified electors voting on such question
within the territorial jurisdiction of the court vote for
retention, a vacancy shall exist in such office upon the
expiration of the term being served by the justice or
judge.
History.—s. 5, ch. 71-49; s. 38, ch. 77-175; s. 19, ch. 81-105; s. 632, ch. 95-147;
s. 5, ch. 99-326; s. 4, ch. 99-355; s. 23, ch. 2005-286.
105.061 Electors qualified to vote.—
(1) Each qualified elector of the territorial jurisdiction
of a court shall be eligible to vote for a candidate for
each judicial office of such court or, in the case of a
justice or a judge seeking retention, for or against
retention of such justice or judge.
(2) The election of members of a school board shall
be by vote of the qualified electors as prescribed in
chapter 1001.
History.—s. 6, ch. 71-49; s. 38, ch. 77-175; s. 6, ch. 99-326; s. 5, ch. 99-355; s.
887, ch. 2002-387.
105.071 Candidates for judicial office; limita
tions on political activity.—A candidate for judicial
office shall not:
(1) Participate in any partisan political party activ
ities, except that such candidate may register to vote as
a member of any political party and may vote in any
party primary for candidates for nomination of the party
in which she or he is registered to vote.
(2) Campaign as a member of any political party.
(3) Publicly represent or advertise herself or himself
as a member of any political party.
(4) Endorse any candidate.
(5) Make political speeches other than in the candi
date’s own behalf.
(6) Make contributions to political party funds.
(7) Accept contributions from any political party.
(8) Solicit contributions for any political party.
(9) Accept or retain a place on any political party
committee.
(10) Make any contribution to any person, group, or
organization for its endorsement to judicial office.
(11) Agree to pay all or any part of any advertisement
sponsored by any person, group, or organization
wherein the candidate may be endorsed for judicial
office by any such person, group, or organization.
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Ch. 105 NONPARTISAN ELECTIONS F.S. 2011
A candidate for judicial office or retention therein who
violates the provisions of this section is liable for a civil
fine of up to $1,000 to be determined by the Florida
Elections Commission.
History.—s. 7, ch. 71-49; s. 2, ch. 72-310; s. 38, ch. 77-175; s. 633, ch. 95-147;
s. 7, ch. 99-326.
105.08 Campaign contribution and expense;
reporting.—
(1) A candidate for judicial office or the office of
school board member may accept contributions and
may incur only such expenses as are authorized by law.
Each such candidate shall keep an accurate record of
his or her contributions and expenses, and shall file
reports pursuant to chapter 106.
(2) Notwithstanding any other provision of this
chapter or chapter 106, a candidate for retention as a
justice or a judge who has not received any contribution
or made any expenditure may file a sworn statement at
the time of qualifying that he or she does not anticipate
receiving contributions or making expenditures in con
nection with the candidacy for retention to office. Such
candidate shall file a final report pursuant to s. 106.141,
within 90 days following the general election for which
the candidate’s name appeared on the ballot for
retention. Any such candidate for retention to judicial
office who, after filing a statement pursuant to this
subsection, receives any contribution or makes any
expenditure in connection with the candidacy for reten
tion shall immediately file a statement to that effect with
the qualifying officer and shall begin filing reports as an
opposed candidate pursuant to s. 106.07.
History.—s. 8, ch. 71-49; s. 38, ch. 77-175; s. 3, ch. 89-152; s. 634, ch. 95-147;
s. 8, ch. 99-326; s. 6, ch. 99-355.
105.09 Political activity in behalf of a candidate
for judicial office limited.—
(1) No political party or partisan political organization
shall endorse, support, or assist any candidate in a
campaign for election to judicial office.
(2) Any person who knowingly, in an individual
capacity or as an officer of an organization, violates
the provisions of this section is guilty of a misdemeanor
of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.—s. 9, ch. 71-49; s. 38, ch. 77-175; s. 635, ch. 95-147.
105.10 Applicability of election code.—If any
provision of this chapter is in conflict with any other
provision of this code, the provision of this chapter shall
prevail.
History.—s. 10, ch. 71-49; s. 38, ch. 77-175.
105.101 Effect of revision of county court judge
selection method.—No county court judge elected
prior to or at the election that approves any revision to
the selection of county court judges shall be affected in
his or her term of office. Any county judge wishing to
apply for a subsequent term will be elected or retained
pursuant to the method of election or selection and
retention of county court judges in effect in the county
for the election preceding the end of the judge’s term of
office.
History.—s. 11, ch. 99-355.
105.102 Effect of revision of circuit court judge
selection method.—No circuit court judge elected prior
to or at the election that approves any revision to the
selection of circuit court judge shall be affected in his or
her term of office. Any circuit court judge wishing to
apply for a subsequent term will be elected or retained
pursuant to the method of election or selection and
retention of circuit court judges in effect in the circuit for
the election preceding the end of the judge’s term of
office.
History.—s. 12, ch. 99-355.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
CHAPTER 106
CAMPAIGN FINANCING
106.011 Definitions.
106.021 Campaign treasurers; deputies; primary
and secondary depositories.
106.022 Appointment of a registered agent; duties.
106.023 Statement of candidate.
106.025 Campaign fund raisers.
106.03 Registration of political committees and
electioneering communications organi
zations.
106.04 Committees of continuous existence.
106.05 Deposit of contributions; statement of cam
paign treasurer.
106.055 Valuation of in-kind contributions.
106.06 Treasurer to keep records; inspections.
106.07 Reports; certification and filing.
106.0701 Solicitation of contributions on behalf of s.
527 or s. 501(c)(4) organizations; report
ing requirements; civil penalty; exemp
tion.
106.0703 Electioneering communications organiza
tions; reporting requirements; certifica
tion and filing; penalties.
106.0705 Electronic filing of campaign treasurer’s
reports.
106.0706 Electronic filing of campaign finance re
ports; public records exemption.
106.071 Independent expenditures; electioneering
communications; reports; disclaimers.
106.075 Elected officials; report of loans made in
year preceding election; limitation on
contributions to pay loans.
106.08 Contributions; limitations on.
106.087 Independent expenditures; contribution
limits; restrictions on political parties,
political committees, and committees of
continuous existence.
106.088 Independent expenditures; contribution
limits; restrictions on affiliated party com
mittees.
106.09 Cash contributions and contribution by
cashier’s checks.
106.11 Expenses of and expenditures by candi
dates and political committees.
106.113 Expenditures by local governments.
106.12 Petty cash funds allowed.
106.125 Credit cards; conditions on use.
106.14 Utilities; deposits; prior authorization.
106.1405 Use of campaign funds.
106.141 Disposition of surplus funds by candidates.
106.143 Political advertisements circulated prior to
election; requirements.
106.1435 Usage and removal of political campaign
advertisements.
106.1437 Miscellaneous advertisements.
106.1439 Electioneering communications; disclai
mers.
106.147 Telephone solicitation; disclosure require
ments; prohibitions; exemptions; penal
ties.
101
106.1475 Telephone solicitation; registered agent
requirements; penalty.
106.15 Certain acts prohibited.
106.16 Limitation on certain rates and charges.
106.161 Air time available at the lowest unit rate.
106.165 Use of closed captioning and descriptive
narrative in all television broadcasts.
106.17 Polls and surveys relating to candidacies.
106.18 When a candidate’s name to be omitted
from ballot.
106.19 Violations by candidates, persons con
nected with campaigns, and political
committees.
106.191 Signatures gathered for initiative petition;
effect of ch. 97-13.
106.21 Certificates of election not to be issued
upon conviction.
106.22 Duties of the Division of Elections.
106.23 Powers of the Division of Elections.
106.24 Florida Elections Commission; member
ship; powers; duties.
106.25 Reports of alleged violations to Florida
Elections Commission; disposition of
findings.
106.26 Powers of commission; rights and respon
sibilities of parties; findings by commis
sion.
106.265 Civil penalties.
106.27 Determinations by commission; legal dis
position.
106.28 Limitation of actions.
106.29 Reports by political parties and affiliated
party committees; restrictions on contri
butions and expenditures; penalties.
106.295
Leadership fund.
106.30 Short title.
106.31 Legislative intent.
106.32 1Election Campaign Financing Trust Fund.
106.33 Election campaign financing; eligibility.
106.34 Expenditure limits.
106.35 Distribution of funds.
106.353 Candidates voluntarily abiding by election
campaign financing limits but not re
questing public funds; irrevocable state
ment required; penalty.
106.355 Nonparticipating candidate exceeding lim
its.
106.36 Penalties; fines.
106.011 Definitions.—As used in this chapter, the
following terms have the following meanings unless the
context clearly indicates otherwise:
1(1)(a) “Political committee” means:
1. A combination of two or more individuals, or a
person other than an individual, that, in an aggregate
amount in excess of $500 during a single calendar year:
a. Accepts contributions for the purpose of making
contributions to any candidate, political committee,
Ch. 106 CAMPAIGN FINANCING F.S. 2011
committee of continuous existence, affiliated party
committee, or political party;
b. Accepts contributions for the purpose of ex
pressly advocating the election or defeat of a candidate
or the passage or defeat of an issue;
c. Makes expenditures that expressly advocate the
election or defeat of a candidate or the passage or
defeat of an issue; or
d. Makes contributions to a common fund, other
than a joint checking account between spouses, from
which contributions are made to any candidate, political
committee, committee of continuous existence, af
filiated party committee, or political party;
2. The sponsor of a proposed constitutional amend
ment by initiative who intends to seek the signatures of
registered electors.
(b) Notwithstanding paragraph (a), the following
entities are not considered political committees for
purposes of this chapter:
1. Organizations which are certified by the Depart
ment of State as committees of continuous existence
pursuant to s. 106.04, national political parties, the state
and county executive committees of political parties,
and affiliated party committees regulated by chapter
103.
2. Corporations regulated by chapter 607 or chapter
617 or other business entities formed for purposes other
than to support or oppose issues or candidates, if their
political activities are limited to contributions to candi
dates, political parties, affiliated party committees, or
political committees or expenditures in support of or
opposition to an issue from corporate or business funds
and if no contributions are received by such corpora
tions or business entities.
3. Electioneering communications organizations as
defined in subsection (19).
(2) “Committee of continuous existence” means any
group, organization, association, or other such entity
which is certified pursuant to the provisions of s. 106.04.
1(3) “Contribution” means:
(a) A gift, subscription, conveyance, deposit, loan,
payment, or distribution of money or anything of value,
including contributions in kind having an attributable
monetary value in any form, made for the purpose of
influencing the results of an election or making an
electioneering communication.
(b) A transfer of funds between political committees,
between committees of continuous existence, between
electioneering communications organizations, or be
tween any combination of these groups.
(c) The payment, by any person other than a
candidate or political committee, of compensation for
the personal services of another person which are
rendered to a candidate or political committee without
charge to the candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer or
deputy campaign treasurer between a primary deposi
tory and a separate interest-bearing account or certifi
cate of deposit, and the term includes any interest
earned on such account or certificate.
Notwithstanding the foregoing meanings of “contribu
tion,” the term may not be construed to include services,
including, but not limited to, legal and accounting
services, provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
candidate or political committee 2or editorial endorse
ments.
1(4)(a) “Expenditure” means a purchase, payment,
distribution, loan, advance, transfer of funds by a
campaign treasurer or deputy campaign treasurer
between a primary depository and a separate interest-
bearing account or certificate of deposit, or gift of money
or anything of value made for the purpose of influencing
the results of an election or making an electioneering
communication. However, “expenditure” does not in
clude a purchase, payment, distribution, loan, advance,
or gift of money or anything of value made for the
purpose of influencing the results of an election when
made by an organization, in existence prior to the time
during which a candidate qualifies or an issue is placed
on the ballot for that election, for the purpose of printing
or distributing such organization’s newsletter, contain
ing a statement by such organization in support of or
opposition to a candidate or issue, which newsletter is
distributed only to members of such organization.
(b) As used in this chapter, an “expenditure” for an
electioneering communication is made when the ear
liest of the following occurs:
1. A person enters into a contract for applicable
goods or services;
2. A person makes payment, in whole or in part, for
the production or public dissemination of applicable
goods or services; or
3. The electioneering communication is publicly
disseminated.
1(5)(a) “Independent expenditure” means an expen
diture by a person for the purpose of expressly
advocating the election or defeat of a candidate or the
approval or rejection of an issue, which expenditure is
not controlled by, coordinated with, or made upon
consultation with, any candidate, political committee,
or agent of such candidate or committee. An expendi
ture for such purpose by a person having a contract with
the candidate, political committee, or agent of such
candidate or committee in a given election period shall
not be deemed an independent expenditure.
(b) An expenditure for the purpose of expressly
advocating the election or defeat of a candidate which
is made by the national, state, or county executive
committee of a political party, including any subordinate
committee of the political party, an affiliated party
committee, a political committee, a committee of con
tinuous existence, or any other person shall not be
considered an independent expenditure if the commit
tee or person:
1. Communicates with the candidate, the candida
te’s campaign, or an agent of the candidate acting on
behalf of the candidate, including any pollster, media
consultant, advertising agency, vendor, advisor, or staff
member, concerning the preparation of, use of, or
payment for, the specific expenditure or advertising
campaign at issue; or
2. Makes a payment in cooperation, consultation, or
concert with, at the request or suggestion of, or pursuant
to any general or particular understanding with the
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
candidate, the candidate’s campaign, a political com
mittee supporting the candidate, or an agent of the
candidate relating to the specific expenditure or adver
tising campaign at issue; or
3. Makes a payment for the dissemination, distribu
tion, or republication, in whole or in part, of any
broadcast or any written, graphic, or other form of
campaign material prepared by the candidate, the
candidate’s campaign, or an agent of the candidate,
including any pollster, media consultant, advertising
agency, vendor, advisor, or staff member; or
4. Makes a payment based on information about the
candidate’s plans, projects, or needs communicated to
a member of the committee or person by the candidate
or an agent of the candidate, provided the committee or
person uses the information in any way, in whole or in
part, either directly or indirectly, to design, prepare, or
pay for the specific expenditure or advertising campaign
at issue; or
5. After the last day of the qualifying period pre
scribed for the candidate, consults about the candida
te’s plans, projects, or needs in connection with the
candidate’s pursuit of election to office and the informa
tion is used in any way to plan, create, design, or
prepare an independent expenditure or advertising
campaign, with:
a. Any officer, director, employee, or agent of a
national, state, or county executive committee of a
political party or an affiliated party committee that has
made or intends to make expenditures in connection
with or contributions to the candidate; or
b. Any person whose professional services have
been retained by a national, state, or county executive
committee of a political party or an affiliated party
committee that has made or intends to make expendi
tures in connection with or contributions to the candi
date; or
6. After the last day of the qualifying period pre
scribed for the candidate, retains the professional
services of any person also providing those services
to the candidate in connection with the candidate’s
pursuit of election to office; or
7. Arranges, coordinates, or directs the expendi
ture, in any way, with the candidate or an agent of the
candidate.
(6) “Election” means any primary election, special
primary election, general election, special election, or
municipal election held in this state for the purpose of
nominating or electing candidates to public office,
choosing delegates to the national nominating conven
tions of political parties, or submitting an issue to the
electors for their approval or rejection.
(7) “Issue” means any proposition which is required
by the State Constitution, by law or resolution of the
Legislature, or by the charter, ordinance, or resolution of
any political subdivision of this state to be submitted to
the electors for their approval or rejection at an election,
or any proposition for which a petition is circulated in
order to have such proposition placed on the ballot at
any election.
1(8) “Person” means an individual or a 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 includes a political
party, affiliated party committee, political committee, or
committee of continuous existence.
(9) “Campaign treasurer” means an individual ap
pointed by a candidate or political committee as
provided in this chapter.
(10) “Public office” means any state, county, munici
pal, or school or other district office or position which is
filled by vote of the electors.
(11) “Campaign fund raiser” means any affair held to
raise funds to be used in a campaign for public office.
(12) “Division” means the Division of Elections of the
Department of State.
(13) “Communications media” means broadcasting
stations, newspapers, magazines, outdoor advertising
facilities, printers, direct mail, advertising agencies, the
Internet, and telephone companies; but with respect to
telephones, an expenditure shall be deemed to be an
expenditure for the use of communications media only if
made for the costs of telephones, paid telephonists, or
automatic telephone equipment to be used by a
candidate or a political committee to communicate
with potential voters but excluding any costs of tele
phones incurred by a volunteer for use of telephones by
such volunteer; however, with respect to the Internet, an
expenditure shall be deemed an expenditure for use of
communications media only if made for the cost of
creating or disseminating a message on a computer
information system accessible by more than one person
but excluding internal communications of a campaign or
of any group.
1(14) “Filing officer” means the person before whom
a candidate qualifies, the agency or officer with whom a
political committee or an electioneering communica
tions organization registers, or the agency by whom a
committee of continuous existence is certified.
(15) “Unopposed candidate” means a candidate for
nomination or election to an office who, after the last day
on which any person, including a write-in candidate,
may qualify, is without opposition in the election at which
the office is to be filled or who is without such opposition
after such date as a result of any primary election or of
withdrawal by other candidates seeking the same office.
A candidate is not an unopposed candidate if there is a
vacancy to be filled under s. 100.111(3), if there is a
legal proceeding pending regarding the right to a ballot
position for the office sought by the candidate, or if the
candidate is seeking retention as a justice or judge.
(16) “Candidate” means any person to whom any one
or more of the following apply:
(a) Any person who seeks to qualify for nomination
or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a
write-in candidate.
(c) Any person who receives contributions or makes
expenditures, or consents for any other person to
receive contributions or make expenditures, with a
view to bring about his or her nomination or election
to, or retention in, public office.
(d) Any person who appoints a treasurer and desig
nates a primary depository.
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
(e) Any person who files qualification papers and
subscribes to a candidate’s oath as required by law.
However, this definition does not include any candidate
for a political party executive committee. Expenditures
related to potential candidate polls as provided in s.
106.17 are not contributions or expenditures for pur
poses of this subsection.
(17) “Political advertisement” means a paid expres
sion in any communications media prescribed in sub
section (13), whether radio, television, newspaper,
magazine, periodical, campaign literature, direct mail,
or display or by means other than the spoken word in
direct conversation, which expressly advocates the
election or defeat of a candidate or the approval or
rejection of an issue. However, political advertisement
does not include:
(a) A statement by an organization, in existence
prior to the time during which a candidate qualifies or an
issue is placed on the ballot for that election, in support
of or opposition to a candidate or issue, in that
organization’s newsletter, which newsletter is distribu
ted only to the members of that organization.
(b) Editorial endorsements by any newspaper, radio
or television station, or other recognized news medium.
1(18)(a) “Electioneering communication” means any
communication that is publicly distributed by a television
station, radio station, cable television system, satellite
system, newspaper, magazine, direct mail, or telephone
and that:
1. Refers to or depicts a clearly identified candidate
for office without expressly advocating the election or
defeat of a candidate but that is susceptible of no
reasonable interpretation other than an appeal to vote
for or against a specific candidate;
2. Is made within 30 days before a primary or
special primary election or 60 days before any other
election for the office sought by the candidate; and
3. Is targeted to the relevant electorate in the
geographic area the candidate would represent if
elected.
(b) The term “electioneering communication” does
not include:
1. A communication disseminated through a means
of communication other than a television station, radio
station, cable television system, satellite system, news
paper, magazine, direct mail, telephone, or statement or
depiction by an organization, in existence prior to the
time during which a candidate named or depicted
qualifies for that election, made in that organization’s
newsletter, which newsletter is distributed only to
members of that organization.
2. A communication in a news story, commentary,
or editorial distributed through the facilities of any radio
station, television station, cable television system, or
satellite system, unless the facilities are owned or
controlled by any political party, political committee, or
candidate. A news story distributed through the facilities
owned or controlled by any political party, political
committee, or candidate may nevertheless be exempt
if it represents a bona fide news account communicated
through a licensed broadcasting facility and the com
munication is part of a general pattern of campaign-
related news accounts that give reasonably equal
coverage to all opposing candidates in the area.
3. A communication that constitutes a public debate
or forum that includes at least two opposing candidates
for an office or one advocate and one opponent of an
issue, or that solely promotes such a debate or forum
and is made by or on behalf of the person sponsoring
the debate or forum, provided that:
a. The staging organization is either:
(I) A charitable organization that does not make
other electioneering communications and does not
otherwise support or oppose any political candidate or
political party; or
(II) A newspaper, radio station, television station, or
other recognized news medium; and
b. The staging organization does not structure the
debate to promote or advance one candidate or issue
position over another.
(c) For purposes of this chapter, an expenditure
made for, or in furtherance of, an electioneering
communication shall not be considered a contribution
to or on behalf of any candidate.
(d) For purposes of this chapter, an electioneering
communication shall not constitute an independent
expenditure nor be subject to the limitations applicable
to independent expenditures.
1(19) “Electioneering communications organization”
means any group, other than a political party, affiliated
party committee, political committee, or committee of
continuous existence, whose election-related activities
are limited to making expenditures for electioneering
communications or accepting contributions for the
purpose of making electioneering communications
and whose activities would not otherwise require the
group to register as a political party, political committee,
or committee of continuous existence under this chap
ter.
History.—s. 1, ch. 73-128; s. 1, ch. 74-200; s. 1, ch. 77-174; s. 39, ch. 77-175; s.
2, ch. 79-157; ss. 6, 17, ch. 79-365; s. 1, ch. 79-378; s. 22, ch. 81-304; s. 34, ch.
84-302; s. 4, ch. 85-226; s. 2, ch. 89-256; s. 1, ch. 89-537; s. 24, ch. 90-315; s. 9, ch.
91-107; s. 636, ch. 95-147; s. 2, ch. 97-13; s. 7, ch. 99-355; s. 1, ch. 2002-197; s. 2,
ch. 2004-252; s. 1, ch. 2006-300; s. 19, ch. 2010-167; ss. 4, 30, ch. 2011-6; s. 52, ch.
2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
2Note.—The word “or” was inserted by the editors.
106.021 Campaign treasurers; deputies; pri
mary and secondary depositories.—
(1)(a) Each candidate for nomination or election to
office and each political committee shall appoint a
campaign treasurer. Each person who seeks to qualify
for nomination or election to, or retention in, office shall
appoint a campaign treasurer and designate a primary
campaign depository prior to qualifying for office. Any
person who seeks to qualify for election or nomination to
any office by means of the petitioning process shall
appoint a treasurer and designate a primary depository
on or before the date he or she obtains the petitions.
Each candidate shall at the same time he or she
designates a campaign depository and appoints a
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
treasurer also designate the office for which he or she is
a candidate. If the candidate is running for an office
which will be grouped on the ballot with two or more
similar offices to be filled at the same election, the
candidate must indicate for which group or district office
he or she is running. Nothing in this subsection shall
prohibit a candidate, at a later date, from changing the
designation of the office for which he or she is a
candidate. However, if a candidate changes the desig
nated office for which he or she is a candidate, the
candidate must notify all contributors in writing of the
intent to seek a different office and offer to return pro
rata, upon their request, those contributions given in
support of the original office sought. This notification
shall be given within 15 days after the filing of the
change of designation and shall include a standard form
developed by the Division of Elections for requesting the
return of contributions. The notice requirement shall not
apply to any change in a numerical designation resulting
solely from redistricting. If, within 30 days after being
notified by the candidate of the intent to seek a different
office, the contributor notifies the candidate in writing
that the contributor wishes his or her contribution to be
returned, the candidate shall return the contribution, on
a pro rata basis, calculated as of the date the change of
designation is filed. Any contributions not requested to
be returned within the 30-day period may be used by the
candidate for the newly designated office. No person
shall accept any contribution or make any expenditure
with a view to bringing about his or her nomination,
election, or retention in public office, or authorize
another to accept such contributions or make such
expenditure on the person’s behalf, unless such person
has appointed a campaign treasurer and designated a
primary campaign depository. A candidate for an office
voted upon statewide may appoint not more than 15
deputy campaign treasurers, and any other candidate or
political committee may appoint not more than 3 deputy
campaign treasurers. The names and addresses of the
campaign treasurer and deputy campaign treasurers so
appointed shall be filed with the officer before whom
such candidate is required to qualify or with whom such
political committee is required to register pursuant to s.
106.03.
(b) Except as provided in paragraph (d), each
candidate and each political committee shall also
designate one primary campaign depository for the
purpose of depositing all contributions received, and
disbursing all expenditures made, by the candidate or
political committee. The candidate or political committee
may also designate one secondary depository in each
county in which an election is held in which the
candidate or committee participates. Secondary deposi
tories shall be for the sole purpose of depositing
contributions and forwarding the deposits to the primary
campaign depository. Any bank, savings and loan
association, or credit union authorized to transact
business in this state may be designated as a campaign
depository. The candidate or political committee shall
file the name and address of each primary and
secondary depository so designated at the same time
that, and with the same officer with whom, the candidate
or committee files the name of his, her, or its campaign
treasurer pursuant to paragraph (a). In addition, the
campaign treasurer or a deputy campaign treasurer
may deposit any funds which are in the primary
campaign depository and which are not then currently
needed for the disbursement of expenditures into a
separate interest-bearing account in any bank, savings
and loan association, or credit union authorized to
transact business in this state. The separate interest-
bearing account shall be designated “ (name of candidate or
committee)
separate interest-bearing campaign account.”
In lieu thereof, the campaign treasurer or deputy
campaign treasurer may purchase a certificate of
deposit with such unneeded funds in such bank, savings
and loan association, or credit union. The separate
interest-bearing account or certificate of deposit shall be
separate from any personal or other account or
certificate of deposit. Any withdrawal of the principal
or earned interest or any part thereof shall only be made
from the separate interest-bearing account or certificate
of deposit for the purpose of transferring funds to the
primary account and shall be reported as a contribution.
(c) Any campaign treasurer or deputy treasurer
appointed pursuant to this section shall, before such
appointment may become effective, have accepted
appointment to such position in writing and filed such
acceptance with the officer before whom the candidate
is required to qualify or with the officer with whom the
political committee is required to file reports. An
individual may be appointed and serve as campaign
treasurer of a candidate and a political committee or two
or more candidates and political committees. A candi
date may appoint herself or himself as campaign
treasurer.
(d) Any political committee which deposits all con
tributions received in a national depository from which
the political committee receives funds to contribute to
state and local candidates shall not be required to
designate a campaign depository in the state.
(2) A candidate or political committee may remove
his, her, or its campaign treasurer or any deputy
treasurer. In case of the death, resignation, or removal
of a campaign treasurer before compliance with all
obligations of a campaign treasurer under this chapter,
the candidate or political committee shall appoint a
successor and certify the name and address of the
successor in the manner provided in the case of an
original appointment. No resignation shall be effective
until it has been submitted to the candidate or commit
tee in writing and a copy thereof has been filed with the
officer before whom the candidate is required to qualify
or the officer with whom the political committee is
required to file reports. No treasurer or deputy treasurer
shall be deemed removed by a candidate or political
committee until written notice of such removal has been
given to such treasurer or deputy treasurer and has
been filed with the officer before whom such candidate
is required to qualify or with the officer with whom such
committee is required to file reports.
1(3) No contribution or expenditure, including con
tributions or expenditures of a candidate or of the
candidate’s family, shall be directly or indirectly made
or received in furtherance of the candidacy of any
person for nomination or election to political office in the
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
state or on behalf of any political committee except
through the duly appointed campaign treasurer of the
candidate or political committee, subject to the following
exceptions:
(a) Independent expenditures;
(b) Reimbursements to a candidate or any other
individual for expenses incurred in connection with the
campaign or activities of the political committee by a
check drawn upon the campaign account and reported
pursuant to s. 106.07(4). The full name of each person
to whom the candidate or other individual made
payment for which reimbursement was made by
check drawn upon the campaign account shall be
reported pursuant to s. 106.07(4), together with the
purpose of such payment;
(c) Expenditures made indirectly through a treasurer
for goods or services, such as communications media
placement or procurement services, campaign signs,
insurance, or other expenditures that include multiple
integral components as part of the expenditure and
reported pursuant to s. 106.07(4)(a)13.; or
(d) Expenditures made directly by any political
committee, affiliated party committee, or political party
regulated by chapter 103 for obtaining time, space, or
services in or by any communications medium for the
purpose of jointly endorsing three or more candidates,
and any such expenditure shall not be considered a
contribution or expenditure to or on behalf of any such
candidates for the purposes of this chapter.
(4) A deputy campaign treasurer may exercise any
of the powers and duties of a campaign treasurer as set
forth in this chapter when specifically authorized to do
so by the campaign treasurer and the candidate, in the
case of a candidate, or the campaign treasurer and
chair of the political committee, in the case of a political
committee.
(5) For purposes of appointing a campaign treasurer
and designating a campaign depository, candidates for
the offices of Governor and Lieutenant Governor on the
same ticket shall be considered a single candidate.
History.—s. 2, ch. 73-128; s. 2, ch. 74-200; s. 1, ch. 75-139; s. 39, ch. 77-175; s.
2, ch. 79-378; s. 56, ch. 79-400; s. 23, ch. 81-304; s. 35, ch. 84-302; s. 3, ch. 89-256;
s. 25, ch. 90-315; s. 10, ch. 91-107; s. 637, ch. 95-147; s. 9, ch. 97-13; s. 28, ch.
2002-17; s. 14, ch. 2004-252; s. 41, ch. 2007-30; s. 28, ch. 2008-95; ss. 5, 30, ch.
2011-6; s. 53, ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.022 Appointment of a registered agent;
duties.—
1(1) Each political committee, committee of contin
uous existence, or electioneering communications or
ganization shall have and continuously maintain in this
state a registered office and a registered agent and
must file with the filing officer a statement of appoint
ment for the registered office and registered agent. The
statement of appointment must:
(a) Provide the name of the registered agent and the
street address and phone number for the registered
office;
(b) Identify the entity for whom the registered agent
serves;
(c) Designate the address the registered agent
wishes to use to receive mail;
(d) Include the entity’s undertaking to inform the filing
officer of any change in such designated address;
(e) Provide for the registered agent’s acceptance of
the appointment, which must confirm that the registered
agent is familiar with and accepts the obligations of the
position as set forth in this section; and
(f) Contain the signature of the registered agent and
the entity engaging the registered agent.
(2) An entity may change its appointment of regis
tered agent and registered office under this section by
executing a written statement of change and filing it with
the filing officer. The statement must satisfy all of the
requirements of subsection (1).
(3) A registered agent may resign his or her
appointment as registered agent by executing a written
statement of resignation and filing it with the filing
officer. An entity without a registered agent may not
make expenditures or accept contributions until it files a
written statement of change as required in subsection
(2).
History.—s. 67, ch. 2005-277; s. 2, ch. 2006-300; s. 20, ch. 2010-167; ss. 6, 30,
ch. 2011-6; s. 54, ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.023 Statement of candidate.—
(1) Each candidate must file a statement with the
qualifying officer within 10 days after filing the appoint
ment of campaign treasurer and designation of cam
paign depository, stating that the candidate has read
and understands the requirements of this chapter. Such
statement shall be provided by the filing officer and shall
be in substantially the following form:
STATEMENT OF CANDIDATE
I,
__, candidate for the office of __, have been
provided access to read and understand the require
ments of Chapter 106, Florida Statutes.
(Signature of candidate) (Date)
Willful failure to file this form is a violation of ss.
106.19(1)(c) and 106.25(3), F.S.
(2) The execution and filing of the statement of
candidate does not in and of itself create a presumption
that any violation of this chapter or chapter 104 is a
willful violation.
History.—s. 26, ch. 90-315; s. 638, ch. 95-147; s. 15, ch. 2004-252; s. 15, ch.
2008-4; s. 55, ch. 2011-40.
106.025 Campaign fund raisers.—
(1)(a) No campaign fund raiser may be held unless
the person for whom such funds are to be so used is a
candidate for public office.
(b) All money and contributions received with respect
to such a campaign fund raiser shall be deemed to be
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
campaign contributions, and shall be accounted for, and
subject to the same restrictions, as other campaign
contributions. All expenditures made with respect to
such a campaign fund raiser which are made or
reimbursed by a check drawn on the campaign deposi
tory of the candidate for whom the funds are to be used
and shall be deemed to be campaign expenditures to be
accounted for, and subject to the same restrictions, as
other campaign expenditures.
(c) Any tickets or advertising for such a campaign
fund raiser is exempt from the requirements of s.
106.143.
(d) Any person or candidate who holds a campaign
fund raiser, or consents to a campaign fund raiser being
held, in violation of the provisions of this subsection is
guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
1(2) This section shall not apply to any campaign fund
raiser held on behalf of a political party by the state or
county executive committee or an affiliated party
committee of such party, provided that the proceeds
of such campaign fund raiser are reported pursuant to s.
106.29.
History.—s. 40, ch. 77-175; s. 51, ch. 81-259; s. 24, ch. 81-304; s. 27, ch.
83-217; s. 4, ch. 89-256; ss. 7, 30, ch. 2011-6; s. 56, ch. 2011-40; HJR 7105, 2011
Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.03 Registration of political committees and
electioneering communications organizations.—
(1)(a) Each political committee that receives con
tributions or makes expenditures during a calendar year
in an aggregate amount exceeding $500 or that seeks
the signatures of registered electors in support of an
initiative shall file a statement of organization as
provided in subsection (3) within 10 days after its
organization. If a political committee is organized within
10 days of any election, it shall immediately file the
statement of organization required by this section.
1(b)1. Each group shall file a statement of organiza
tion as an electioneering communications organization
within 24 hours after the date on which it makes
expenditures for an electioneering communication in
excess of $5,000, if such expenditures are made within
the timeframes specified in s. 106.011(18)(a)2. If the
group makes expenditures for an electioneering com
munication in excess of $5,000 before the timeframes
specified in s. 106.011(18)(a)2., it shall file the state
ment of organization within 24 hours after the 30th day
before a primary or special primary election, or within 24
hours after the 60th day before any other election,
whichever is applicable.
2.a. In a statewide, legislative, or multicounty elec
tion, an electioneering communications organization
shall file a statement of organization with the Division
of Elections.
b. In a countywide election or any election held on
less than a countywide basis, except as described in
sub-subparagraph c., an electioneering
communications organization shall file a statement of
organization with the supervisor of elections of the
county in which the election is being held.
c. In a municipal election, an electioneering com
munications organization shall file a statement of
organization with the officer before whom municipal
candidates qualify.
d. Any electioneering communications organization
that would be required to file a statement of organization
in two or more locations need only file a statement of
organization with the Division of Elections.
1(2) The statement of organization shall include:
(a) The name, mailing address, and street address
of the committee or electioneering communications
organization;
(b) The names, street addresses, and relationships
of affiliated or connected organizations;
(c) The area, scope, or jurisdiction of the committee
or electioneering communications organization;
(d) The name, mailing address, street address, and
position of the custodian of books and accounts;
(e) The name, mailing address, street address, and
position of other principal officers, including the treas
urer and deputy treasurer, if any;
(f) The name, address, office sought, and party
affiliation of:
1. Each candidate whom the committee is support
ing;
2. Any other individual, if any, whom the committee
is supporting for nomination for election, or election, to
any public office whatever;
(g) Any issue or issues the committee is supporting
or opposing;
(h) If the committee is supporting the entire ticket of
any party, a statement to that effect and the name of the
party;
(i) A statement of whether the committee is a
continuing one;
(j) Plans for the disposition of residual funds which
will be made in the event of dissolution;
(k) A listing of all banks, safe-deposit boxes, or other
depositories used for committee or electioneering
communications organization funds;
(l) A statement of the reports required to be filed by
the committee or the electioneering communications
organization with federal officials, if any, and the names,
addresses, and positions of such officials; and
(m) A statement of whether the electioneering com
munications organization was formed as a newly
created organization during the current calendar quarter
or was formed from an organization existing prior to the
current calendar quarter. For purposes of this subsec
tion, calendar quarters end the last day of March, June,
September, and December.
(3)(a) A political committee which is organized to
support or oppose statewide, legislative, or multicounty
candidates or issues to be voted upon on a statewide or
multicounty basis shall file a statement of organization
with the Division of Elections.
(b) Except as provided in paragraph (c), a political
committee which is organized to support or oppose
candidates or issues to be voted on in a countywide
election or candidates or issues in any election held on
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
less than a countywide basis shall file a statement of
organization with the supervisor of elections of the
county in which such election is being held.
(c) A political committee which is organized to
support or oppose only candidates for municipal office
or issues to be voted on in a municipal election shall file
a statement of organization with the officer before whom
municipal candidates qualify.
(d) Any political committee which would be required
under this subsection to file a statement of organization
in two or more locations need file only with the Division
of Elections.
1(4) Any change in information previously submitted
in a statement of organization shall be reported to the
agency or officer with whom such committee or
electioneering communications organization is required
to register within 10 days following the change.
(5) Any committee which, after having filed one or
more statements of organization, disbands or deter
mines it will no longer receive contributions or make
expenditures during the calendar year in an aggregate
amount exceeding $500 shall so notify the agency or
officer with whom such committee is required to file the
statement of organization.
(6) If the filing officer finds that a political committee
has filed its statement of organization consistent with
the requirements of subsection (2), it shall notify the
committee in writing that it has been registered as a
political committee. If the filing officer finds that a
political committee’s statement of organization does
not meet the requirements of subsection (2), it shall
notify the committee of such finding and shall state in
writing the reasons for rejection of the statement of
organization.
1(7) The Division of Elections shall adopt rules to
prescribe the manner in which committees and electio
neering communications organizations may be dis
solved and have their registration canceled. Such
rules shall, at a minimum, provide for:
(a) Notice which shall contain the facts and conduct
which warrant the intended action, including but not
limited to failure to file reports and limited activity.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals shall be exempt from the
confidentiality provisions of s. 106.25.
History.—s. 3, ch. 73-128; s. 3, ch. 74-200; s. 1, ch. 77-174; s. 41, ch. 77-175; s.
18, ch. 79-365; s. 25, ch. 81-304; s. 1, ch. 82-143; s. 36, ch. 84-302; s. 5, ch. 89-256;
s. 27, ch. 90-315; s. 3, ch. 2006-300; s. 21, ch. 2010-167; ss. 8, 30, ch. 2011-6; s. 57,
ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.04 Committees of continuous existence.—
(1) In order to qualify as a committee of continuous
existence for the purposes of this chapter, a group,
organization, association, or other such entity which is
involved in making contributions to candidates, political
committees, or political parties, shall meet the following
criteria:
(a) It shall be organized and operated in accordance
with a written charter or set of bylaws which contains
procedures for the election of officers and directors and
which clearly defines membership in the organization;
and
(b) At least 25 percent of the income of such
organization, excluding interest, must be derived from
dues or assessments payable on a regular basis by its
membership pursuant to provisions contained in the
charter or bylaws. Dues may be collected by a group,
organization, association, or other such entity from its
members and forwarded to the committee of continuous
existence. The committee of continuous existence shall
report such dues as if it had received the dues directly
from its members, in the manner prescribed in subsec
tion (4).
(2) Any group, organization, association, or other
entity may seek certification from the Department of
State as a committee of continuous existence by filing
an application with the Division of Elections on a form
provided by the division. Such application shall provide
the information required of political committees by s.
106.03(2). Each application shall be accompanied by
the name and street address of the principal officer of
the applying entity as of the date of the application; a
copy of the charter or bylaws of the organization; a copy
of the dues or assessment schedule of the organization,
or formula by which dues or assessments are levied;
and a complete financial statement or annual audit
summarizing all income received, and all expenses
incurred, by the organization during the 12 months
preceding the date of application. A membership list
shall be made available for inspection if deemed
necessary by the division.
(3) If the Division of Elections finds that an applying
organization meets the criteria for a committee of
continuous existence as provided by subsection (1), it
shall certify such findings and notify the applying
organization of such certification. If it finds that an
applying organization does not meet the criteria for
certification, it shall notify the organization of such
findings and shall state the reasons why such criteria
are not met.
(4)(a) Each committee of continuous existence shall
file an annual report with the Division of Elections during
the month of January. Such annual reports shall contain
the same information and shall be accompanied by the
same materials as original applications filed pursuant to
subsection (2). However, the charter or bylaws need not
be filed if the annual report is accompanied by a sworn
statement by the chair that no changes have been made
to such charter or bylaws since the last filing.
(b)1. Each committee of continuous existence shall
file regular reports with the Division of Elections at the
same times and subject to the same filing conditions as
are established by s. 106.07(1) and (2) for candidates’
reports. In addition, when a special election is called to
fill a vacancy in office, a committee of continuous
existence that makes a contribution or expenditure to
influence the results of such special election or the
preceding special primary election must file campaign
finance reports with the filing officer on the dates set by
the Department of State pursuant to s. 100.111.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
2. Any committee of continuous existence failing to
so file a report with the Division of Elections or
applicable filing officer pursuant to this paragraph on
the designated due date shall be subject to a fine for late
filing as provided by this section.
1(c) All committees of continuous existence shall file
their reports with the Division of Elections. Reports shall
be filed in accordance with s. 106.0705 and shall
contain the following information:
1. The full name, address, and occupation of each
person who has made one or more contributions,
including contributions that represent the payment of
membership dues, to the committee during the reporting
period, together with the amounts and dates of such
contributions. For corporations, the report must provide
as clear a description as practicable of the principal type
of business conducted by the corporation. However, if
the contribution is $100 or less, the occupation of the
contributor or principal type of business need not be
listed. However, for any contributions that represent the
payment of dues by members in a fixed amount
aggregating no more than $250 per calendar year,
pursuant to the schedule on file with the Division of
Elections, only the aggregate amount of such contribu
tions need be listed, together with the number of
members paying such dues and the amount of the
membership dues.
2. The name and address of each political commit
tee or committee of continuous existence from which
the reporting committee received, or the name and
address of each political committee, committee of
continuous existence, affiliated party committee, or
political party to which it made, any transfer of funds,
together with the amounts and dates of all transfers.
3. Any other receipt of funds not listed pursuant to
subparagraph 1. or subparagraph 2., including the
sources and amounts of all such funds.
4. The name and address of, and office sought by,
each candidate to whom the committee has made a
contribution during the reporting period, together with
the amount and date of each contribution.
5. The full name and address of each person to
whom expenditures have been made by or on behalf of
the committee within the reporting period; the amount,
date, and purpose of each such expenditure; and the
name and address, and office sought by, each candi
date on whose behalf such expenditure was made.
6. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for authorized expenses has been
made, including the full name and address of each
entity to whom the person made payment for which
reimbursement was made by check drawn upon the
committee account, together with the amount and
purpose of such payment.
7. Transaction information from each credit card
purchase. Receipts for each credit card purchase shall
be retained by the treasurer with the records for the
committee account.
8. The total sum of expenditures made by the
committee during the reporting period.
(d) The treasurer of each committee shall certify as
to the correctness of each report and shall bear the
109
responsibility for its accuracy and veracity. Any treas
urer who willfully certifies to the correctness of a report
while knowing that such report is incorrect, false, or
incomplete commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
1(5) No committee of continuous existence shall
make an electioneering communication, contribute to
any candidate or political committee an amount in
excess of the limits contained in s. 106.08(1), or
participate in any activity which is prohibited by this
chapter. If any violation occurs, it shall be punishable as
provided in this chapter for the given offense. No funds
of a committee of continuous existence shall be
expended on behalf of a candidate, except by means
of a contribution made through the duly appointed
campaign treasurer of a candidate. No such committee
shall make expenditures in support of, or in opposition
to, an issue unless such committee first registers as a
political committee pursuant to this chapter and under
takes all the practices and procedures required thereof;
provided such committee may make contributions in a
total amount not to exceed 25 percent of its aggregate
income, as reflected in the annual report filed for the
previous year, to one or more political committees
registered pursuant to s. 106.03 and formed to support
or oppose issues.
(6) All accounts and records of a committee of
continuous existence may be inspected under reason
able circumstances by any authorized representative of
the Division of Elections or the Florida Elections
Commission. The right of inspection may be enforced
by appropriate writ issued by any court of competent
jurisdiction.
(7) Any change in information previously submitted
to the division shall be reported within 10 days following
the change.
(8) If a committee of continuous existence ceases to
meet the criteria prescribed by subsection (1), the
Division of Elections shall revoke its certification. The
Division of Elections shall adopt rules to prescribe the
manner in which the certification of a committee of
continuous existence shall be revoked. Such rules shall,
at a minimum, provide for:
(a) Notice, which must contain the facts and conduct
that warrant the intended action.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections
Commission. Such appeals are exempt from the con
fidentiality provisions of s. 106.25.
(9)(a) Any committee of continuous existence failing
to file a report on the designated due date is subject to a
fine. The fine shall be $50 per day for the first 3 days late
and, thereafter, $500 per day for each late day, not to
exceed 25 percent of the total receipts or expenditures,
whichever is greater, for the period covered by the late
report. However, for the reports immediately preceding
each primary and general election, including a special
primary election and a special general election, the fine
shall be $500 per day for each late day, not to exceed 25
percent of the total receipts or expenditures, whichever
is greater, for the period covered by the late report. The
fine shall be assessed by the filing officer, and the
moneys collected shall be deposited into:
Ch. 106 CAMPAIGN FINANCING F.S. 2011
1. The General Revenue Fund, in the case of fines
collected by the Division of Elections.
2. The general revenue fund of the political subdivi
sion, in the case of fines collected by a county or
municipal filing officer. No separate fine shall be
assessed for failure to file a copy of any report required
by this section.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the treasurer of the
committee or the committee’s registered agent as to the
failure to file a report by the designated due date and
that a fine is being assessed for each late day. Upon
receipt of the report, the filing officer shall determine the
amount of fine which is due and shall notify the treasurer
of the committee. Notice is deemed complete upon
proof of delivery of written notice to the mailing or street
address on record with the filing officer. The filing officer
shall determine the amount of the fine due based upon
the earliest of the following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). An officer or member of a committee is
not personally liable for such fine.
(c) Any treasurer of a committee may appeal or
dispute the fine, based upon unusual circumstances
surrounding the failure to file on the designated due
date, and may request and is entitled to a hearing before
the Florida Elections Commission, which may waive the
fine in whole or in part. Any such request must be made
within 20 days after receipt of the notice of payment due.
The committee shall file the appeal with the commis
sion, with a copy provided to the filing officer.
(d) The filing officer shall notify the Florida Elections
Commission of the repeated late filing by a committee of
continuous existence, the failure of a committee of
continuous existence to file a report after notice, or the
failure to pay the fine imposed.
History.—s. 4, ch. 73-128; ss. 4, 16, ch. 74-200; s. 1, ch. 77-174; s. 42, ch.
77-175; s. 57, ch. 79-400; s. 26, ch. 81-304; s. 5, ch. 85-226; s. 6, ch. 89-256; s. 28,
ch. 90-315; s. 1, ch. 90-338; ss. 6, 12, ch. 91-107; s. 1, ch. 95-140; s. 639, ch.
95-147; s. 6, ch. 97-13; ss. 3, 16, ch. 2004-252; s. 4, ch. 2006-300; s. 42, ch.
2007-30; s. 22, ch. 2010-167; ss. 9, 30, ch. 2011-6; s. 58, ch. 2011-40; HJR 7105,
2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.05 Deposit of contributions; statement of
campaign treasurer.—All funds received by the cam
paign treasurer of any candidate or political committee
shall, prior to the end of the 5th business day following
the receipt thereof, Saturdays, Sundays, and legal
holidays excluded, be deposited in a campaign deposi
tory designated pursuant to s. 106.021, in an account
designated “ (name of candidate or committee) Campaign
Account.” Except for contributions to political commit
tees made by payroll deduction, all deposits shall be
accompanied by a bank deposit slip containing the
name of each contributor and the amount contributed by
each. If a contribution is deposited in a secondary
campaign depository, the depository shall forward the
full amount of the deposit, along with a copy of the
deposit slip accompanying the deposit, to the primary
campaign depository prior to the end of the 1st business
day following the deposit.
History.—s. 5, ch. 73-128; s. 1, ch. 76-88; s. 1, ch. 77-174; s. 43, ch. 77-175; s.
7, ch. 89-256; s. 29, ch. 90-315.
106.055 Valuation of in-kind contributions.—
Any person who makes an in-kind contribution shall,
at the time of making such contribution, place a value on
such contribution, which valuation shall be the fair
market value of such contribution. Travel conveyed
upon private aircraft shall be valued at the actual cost of
per person commercial air travel for the same or a
substantially similar route.
History.—s. 44, ch. 77-175; s. 43, ch. 2007-30.
106.06 Treasurer to keep records; inspections.
(1) The campaign treasurer of each candidate and
the campaign treasurer of each political committee shall
keep detailed accounts, current within not more than 2
days after the date of receiving a contribution or making
an expenditure, of all contributions received and all
expenditures made by or on behalf of the candidate or
political committee that are required to be set forth in a
statement filed under this chapter. The campaign
treasurer shall also keep detailed accounts of all
deposits made in any separate interest-bearing account
or certificate of deposit and of all withdrawals made
therefrom to the primary depository and of all interest
earned thereon.
(2) Accounts, including separate interest-bearing
accounts and certificates of deposit, kept by the
campaign treasurer of a candidate or political committee
may be inspected under reasonable circumstances
before, during, or after the election to which the
accounts refer by any authorized representative of the
Division of Elections or the Florida Elections Commis
sion. The right of inspection may be enforced by
appropriate writ issued by any court of competent
jurisdiction. The campaign treasurer of a political
committee supporting a candidate may be joined with
the campaign treasurer of the candidate as respondent
in such a proceeding.
(3) Accounts kept by a campaign treasurer of a
candidate shall be preserved by the campaign treasurer
for a number of years equal to the term of office of the
office to which the candidate seeks election. Accounts
kept by a campaign treasurer of a political committee
shall be preserved by such treasurer for at least 2 years
after the date of the election to which the accounts refer.
History.—s. 6, ch. 73-128; s. 45, ch. 77-175; s. 3, ch. 79-378; s. 8, ch. 89-256; s.
30, ch. 90-315.
106.07 Reports; certification and filing.—
(1) Each campaign treasurer designated by a can
didate or political committee pursuant to s. 106.021 shall
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
file regular reports of all contributions received, and all
expenditures made, by or on behalf of such candidate or
political committee. Except for the third calendar quarter
immediately preceding a general election, reports shall
be filed on the 10th day following the end of each
calendar quarter from the time the campaign treasurer
is appointed, except that, if the 10th day following the
end of a calendar quarter occurs on a Saturday,
Sunday, or legal holiday, the report shall be filed on
the next following day which is not a Saturday, Sunday,
or legal holiday. Quarterly reports shall include all
contributions received and expenditures made during
the calendar quarter which have not otherwise been
reported pursuant to this section.
(a) Except as provided in paragraph (b), the reports
shall also be filed on the 32nd, 18th, and 4th days
immediately preceding the primary and on the 46th,
32nd, 18th, and 4th days immediately preceding the
election, for a candidate who is opposed in seeking
nomination or election to any office, for a political
committee, or for a committee of continuous existence.
(b) Any statewide candidate who has requested to
receive contributions pursuant to the Florida Election
Campaign Financing Act or any statewide candidate in a
race with a candidate who has requested to receive
contributions pursuant to the act shall also file reports on
the 4th, 11th, 18th, 25th, and 32nd days prior to the
primary election, and on the 4th, 11th, 18th, 25th, 32nd,
39th, 46th, and 53rd days prior to the general election.
(c) Following the last day of qualifying for office, any
unopposed candidate need only file a report within 90
days after the date such candidate became unopposed.
Such report shall contain all previously unreported
contributions and expenditures as required by this
section and shall reflect disposition of funds as required
by s. 106.141.
(d)1. When a special election is called to fill a
vacancy in office, all political committees making
contributions or expenditures to influence the results
of such special election or the preceding special primary
election shall file campaign treasurers’ reports with the
filing officer on the dates set by the Department of State
pursuant to s. 100.111.
2. When an election is called for an issue to appear
on the ballot at a time when no candidates are
scheduled to appear on the ballot, all political commit
tees making contributions or expenditures in support of
or in opposition to such issue shall file reports on the
18th and 4th days prior to such election.
(e) The filing officer shall provide each candidate
with a schedule designating the beginning and end of
reporting periods as well as the corresponding desig
nated due dates.
(2)(a)1. All reports required of a candidate by this
section shall be filed with the officer before whom the
candidate is required by law to qualify. All candidates
who file with the Department of State shall file their
reports pursuant to s. 106.0705. Except as provided in
s. 106.0705, reports shall be filed not later than 5 p.m. of
the day designated; however, any report postmarked by
the United States Postal Service no later than midnight
of the day designated shall be deemed to have been
filed in a timely manner. Any report received by the filing
111
officer within 5 days after the designated due date that
was delivered by the United States Postal Service shall
be deemed timely filed unless it has a postmark that
indicates that the report was mailed after the designated
due date. A certificate of mailing obtained from and
dated by the United States Postal Service at the time of
mailing, or a receipt from an established courier
company, which bears a date on or before the date
on which the report is due, shall be proof of mailing in a
timely manner. Reports shall contain information of all
previously unreported contributions received and ex
penditures made as of the preceding Friday, except that
the report filed on the Friday immediately preceding the
election shall contain information of all previously
unreported contributions received and expenditures
made as of the day preceding that designated due
date. All such reports shall be open to public inspection.
2. This subsection does not prohibit the governing
body of a political subdivision, by ordinance or resolu
tion, from imposing upon its own officers and candidates
electronic filing requirements not in conflict with s.
106.0705. Expenditure of public funds for such purpose
is deemed to be for a valid public purpose.
(b)1. Any report that is deemed to be incomplete by
the officer with whom the candidate qualifies shall be
accepted on a conditional basis. The campaign treas
urer shall be notified by certified mail or by another
method using a common carrier that provides a proof of
delivery of the notice as to why the report is incomplete
and within 7 days after receipt of such notice must file an
addendum to the report providing all information ne
cessary to complete the report in compliance with this
section. Failure to file a complete report after such
notice constitutes a violation of this chapter.
2. Notice is deemed complete upon proof of delivery
of a written notice to the mailing or street address of the
campaign treasurer or registered agent of record with
the filing officer.
(3) Reports required of a political committee shall be
filed with the agency or officer before whom such
committee registers pursuant to s. 106.03(3) and shall
be subject to the same filing conditions as established
for candidates’ reports. Incomplete reports by political
committees shall be treated in the manner provided for
incomplete reports by candidates in subsection (2).
(4)(a) Each report required by this section must
contain:
1. The full name, address, and occupation, if any of
each person who has made one or more contributions to
or for such committee or candidate within the reporting
period, together with the amount and date of such
contributions. For corporations, the report must provide
as clear a description as practicable of the principal type
of business conducted by the corporation. However, if
the contribution is $100 or less or is from a relative, as
defined in s. 112.312, provided that the relationship is
reported, the occupation of the contributor or the
principal type of business need not be listed.
2. The name and address of each political commit
tee from which the reporting committee or the candidate
received, or to which the reporting committee or
candidate made, any transfer of funds, together with
the amounts and dates of all transfers.
Ch. 106 CAMPAIGN FINANCING F.S. 2011
3. Each loan for campaign purposes to or from any
person or political committee within the reporting period,
together with the full names, addresses, and occupa
tions, and principal places of business, if any, of the
lender and endorsers, if any, and the date and amount
of such loans.
4. A statement of each contribution, rebate, refund,
or other receipt not otherwise listed under subpara
graphs 1. through 3.
5. The total sums of all loans, in-kind contributions,
and other receipts by or for such committee or candidate
during the reporting period. The reporting forms shall be
designed to elicit separate totals for in-kind contribu
tions, loans, and other receipts.
6. The full name and address of each person to
whom expenditures have been made by or on behalf of
the committee or candidate within the reporting period;
the amount, date, and purpose of each such expendi
ture; and the name and address of, and office sought by,
each candidate on whose behalf such expenditure was
made. However, expenditures made from the petty cash
fund provided by s. 106.12 need not be reported
individually.
7. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for authorized expenses as provided in
s. 106.021(3) has been made and which is not other
wise reported, including the amount, date, and purpose
of such expenditure. However, expenditures made from
the petty cash fund provided for in s. 106.12 need not be
reported individually. Receipts for reimbursement for
authorized expenditures shall be retained by the
treasurer along with the records for the campaign
account.
8. The total amount withdrawn and the total amount
spent for petty cash purposes pursuant to this chapter
during the reporting period.
9. The total sum of expenditures made by such
committee or candidate during the reporting period.
10. The amount and nature of debts and obligations
owed by or to the committee or candidate, which relate
to the conduct of any political campaign.
11. Transaction information for each credit card
purchase. Receipts for each credit card purchase
shall be retained by the treasurer with the records for
the campaign account.
12. The amount and nature of any separate interest-
bearing accounts or certificates of deposit and identi
fication of the financial institution in which such accounts
or certificates of deposit are located.
13. The primary purposes of an expenditure made
indirectly through a campaign treasurer pursuant to s.
106.021(3) for goods and services such as commu
nications media placement or procurement services,
campaign signs, insurance, and other expenditures that
include multiple components as part of the expenditure.
The primary purpose of an expenditure shall be that
purpose, including integral and directly related compo
nents, that comprises 80 percent of such expenditure.
(b) The filing officer shall make available to any
candidate or committee a reporting form which the
candidate or committee may use to indicate
contributions received by the candidate or committee
but returned to the contributor before deposit.
(5) The candidate and his or her campaign treas
urer, in the case of a candidate, or the political
committee chair and campaign treasurer of the com
mittee, in the case of a political committee, shall certify
as to the correctness of each report; and each person so
certifying shall bear the responsibility for the accuracy
and veracity of each report. Any campaign treasurer,
candidate, or political committee chair who willfully
certifies the correctness of any report while knowing
that such report is incorrect, false, or incomplete
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(6) The records maintained by the campaign de
pository with respect to any campaign account regu
lated by this chapter are subject to inspection by an
agent of the Division of Elections or the Florida Elections
Commission at any time during normal banking hours,
and such depository shall furnish certified copies of any
of such records to the Division of Elections or Florida
Elections Commission upon request.
(7) Notwithstanding any other provisions of this
chapter, in any reporting period during which a candi
date, political committee, or committee of continuous
existence has not received funds, made any contribu
tions, or expended any reportable funds, the filing of the
required report for that period is waived. However, the
next report filed must specify that the report covers the
entire period between the last submitted report and the
report being filed, and any candidate, political commit
tee, or committee of continuous existence not reporting
by virtue of this subsection on dates prescribed else
where in this chapter shall notify the filing officer in
writing on the prescribed reporting date that no report is
being filed on that date.
(8)(a) Any candidate or political committee failing to
file a report on the designated due date is subject to a
fine as provided in paragraph (b) for each late day, and,
in the case of a candidate, such fine shall be paid only
from personal funds of the candidate. The fine shall be
assessed by the filing officer and the moneys collected
shall be deposited:
1. In the General Revenue Fund, in the case of a
candidate for state office or a political committee that
registers with the Division of Elections; or
2. In the general revenue fund of the political
subdivision, in the case of a candidate for an office of
a political subdivision or a political committee that
registers with an officer of a political subdivision.
No separate fine shall be assessed for failure to file a
copy of any report required by this section.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the candidate or chair of
the political committee as to the failure to file a report by
the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per
day for the first 3 days late and, thereafter, $500 per day
for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater, for the
period covered by the late report. However, for the
reports immediately preceding each special primary
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
election, special election, primary election, and general
election, the fine shall be $500 per day for each late day,
not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period
covered by the late report. For reports required under
s. 106.141(7), the fine is $50 per day for each late day,
not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period
covered by the late report. Upon receipt of the report,
the filing officer shall determine the amount of the fine
which is due and shall notify the candidate or chair or
registered agent of the political committee. The filing
officer shall determine the amount of the fine due based
upon the earliest of the following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to s.
106.0705 or other electronic filing system authorized in
this section is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). Notice is deemed complete upon proof
of delivery of written notice to the mailing or street
address on record with the filing officer. In the case of a
candidate, such fine shall not be an allowable campaign
expenditure and shall be paid only from personal funds
of the candidate. An officer or member of a political
committee shall not be personally liable for such fine.
(c) Any candidate or chair of a political committee
may appeal or dispute the fine, based upon, but not
limited to, unusual circumstances surrounding the fail
ure to file on the designated due date, and may request
and shall be entitled to a hearing before the Florida
Elections Commission, which shall have the authority to
waive the fine in whole or in part. The Florida Elections
Commission must consider the mitigating and aggra
vating circumstances contained in s. 106.265(1) when
determining the amount of a fine, if any, to be waived.
Any such request shall be made within 20 days after
receipt of the notice of payment due. In such case, the
candidate or chair of the political committee shall, within
the 20-day period, notify the filing officer in writing of his
or her intention to bring the matter before the commis
sion.
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by a candidate or political committee, the failure of a
candidate or political committee to file a report after
notice, or the failure to pay the fine imposed. The
commission shall investigate only those alleged late
filing violations specifically identified by the filing officer
and as set forth in the notification. Any other alleged
violations must be separately stated and reported by the
division to the commission under s. 106.25(2).
(9) The Department of State may prescribe by rule
the requirements for filing campaign treasurers’ reports
as set forth in this chapter.
History.—s. 7, ch. 73-128; ss. 5, 15, 17, ch. 74-200; ss. 1, 2, ch. 75-8; s. 2, ch.
75-139; s. 1, ch. 77-174; s. 46, ch. 77-175; s. 23, ch. 79-164; ss. 7, 8, ch. 79-365; s.
4, ch. 79-378; s. 58, ch. 79-400; s. 52, ch. 81-259; s. 27, ch. 81-304; s. 2, ch. 82-143;
s. 11, ch. 83-251; s. 37, ch. 84-302; s. 6, ch. 85-226; s. 1, ch. 86-134; s. 13, ch.
87-224; s. 9, ch. 89-256; s. 31, ch. 90-315; s. 2, ch. 90-338; s. 18, ch. 90-502; s. 7,
ch. 91-107; s. 2, ch. 95-140; s. 640, ch. 95-147; s. 15, ch. 95-280; s. 7, ch. 97-13; s.
6, ch. 2001-75; s. 29, ch. 2002-17; s. 2, ch. 2002-197; s. 8, ch. 2003-1; ss. 17, 18, ch.
2004-252; s. 24, ch. 2005-286; ss. 5, 10, ch. 2006-300; s. 29, ch. 2008-95; s. 59, ch.
2011-40.
106.0701 Solicitation of contributions on behalf
of s. 527 or s. 501(c)(4) organizations; reporting
requirements; civil penalty; exemption.—
(1) The Governor, Lieutenant Governor, members
of the Cabinet, state legislators, or candidates for such
offices who directly or indirectly solicit, cause to be
solicited, or accept any contribution on behalf of an
organization that is exempt from taxation under s. 527 or
s. 501(c)(4) of the Internal Revenue Code, which such
individuals, in whole or in part, establish, maintain, or
control, shall file a statement with the division within 5
days after commencing such activity on behalf of the
organization. The statement shall contain the following
information:
(a) The name of the person acting on behalf of the
organization.
(b) The name and type of the organization.
(c) A description of the relationship between the
person and the organization.
(2) Failure to timely file the statement shall subject
the person to a civil penalty of $50 per day for each late
day, payable from the personal funds of the violator.
(3) Upon filing a statement with the division, an
individual subject to the requirements of subsection (1)
shall promptly create a public website that contains a
mission statement and the names of persons asso
ciated with the organization. The address of the website
shall be reported to the division within 5 business days
after the website is created.
(4) All contributions received shall be disclosed on
the website within 5 business days after deposit,
together with the name, address, and occupation of
the donor. All expenditures by the organization shall be
individually disclosed on the website within 5 business
days after being made.
1(5) The filing requirements of subsection (1) do not
apply to an individual acting on behalf of his or her own
campaign, a political party, or an affiliated party
committee of which the individual is a member.
History.—s. 6, ch. 2006-300; ss. 10, 30, ch. 2011-6; HJR 7105, 2011 Regular
Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
1106.0703 Electioneering communications orga
nizations; reporting requirements; certification and
filing; penalties.—
(1)(a) Each electioneering communications organi
zation shall file regular reports of all contributions
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
received and all expenditures made by or on behalf of
the organization. Reports shall be filed on the 10th day
following the end of each calendar quarter from the time
the organization is registered. However, if the 10th day
following the end of a calendar quarter occurs on a
Saturday, Sunday, or legal holiday, the report shall be
filed on the next following day that is not a Saturday,
Sunday, or legal holiday. Quarterly reports shall include
all contributions received and expenditures made during
the calendar quarter that have not otherwise been
reported pursuant to this section.
(b) Following the last day of candidates qualifying for
office, the reports shall be filed on the 32nd, 18th, and
4th days immediately preceding the primary election
and on the 46th, 32nd, 18th, and 4th days immediately
preceding the general election.
(c) When a special election is called to fill a vacancy
in office, all electioneering communications organiza
tions making contributions or expenditures to influence
the results of the special election shall file reports with
the filing officer on the dates set by the Department of
State pursuant to s. 100.111.
(d) In addition to the reports required by paragraph
(a), an electioneering communications organization that
is registered with the Department of State and that
makes a contribution or expenditure to influence the
results of a county or municipal election that is not being
held at the same time as a state or federal election must
file reports with the county or municipal filing officer on
the same dates as county or municipal candidates or
committees for that election. The electioneering com
munications organization must also include the expen
diture in the next report filed with the Division of
Elections pursuant to this section following the county
or municipal election.
(e) The filing officer shall make available to each
electioneering communications organization a schedule
designating the beginning and end of reporting periods
as well as the corresponding designated due dates.
(2)(a) Except as provided in s. 106.0705, the reports
required of an electioneering communications organi
zation shall be filed with the filing officer not later than 5
p.m. of the day designated. However, any report
postmarked by the United States Postal Service no
later than midnight of the day designated shall be
deemed to have been filed in a timely manner. Any
report received by the filing officer within 5 days after the
designated due date that was delivered by the United
States Postal Service shall be deemed timely filed
unless it has a postmark that indicates that the report
was mailed after the designated due date. A certificate
of mailing obtained from and dated by the United States
Postal Service at the time of mailing, or a receipt from an
established courier company, which bears a date on or
before the date on which the report is due, shall be proof
of mailing in a timely manner. Reports shall contain
information of all previously unreported contributions
received and expenditures made as of the preceding
Friday, except that the report filed on the Friday
immediately preceding the election shall contain infor
mation of all previously unreported contributions re
ceived and expenditures made as of the day preceding
the designated due date. All such reports shall be open
to public inspection.
(b)1. Any report that is deemed to be incomplete by
the officer with whom the electioneering communica
tions organization files shall be accepted on a condi
tional basis. The treasurer of the electioneering com
munications organization shall be notified, by certified
mail or other common carrier that can establish proof of
delivery for the notice, as to why the report is incom
plete. Within 7 days after receipt of such notice, the
treasurer must file an addendum to the report providing
all information necessary to complete the report in
compliance with this section. Failure to file a complete
report after such notice constitutes a violation of this
chapter.
2. Notice is deemed sufficient upon proof of delivery
of written notice to the mailing or street address of the
treasurer or registered agent of the electioneering
communication organization on record with the filing
officer.
(3)(a) Each report required by this section must
contain:
1. The full name, address, and occupation, if any, of
each person who has made one or more contributions to
or for such electioneering communications organization
within the reporting period, together with the amount
and date of such contributions. For corporations, the
report must provide as clear a description as practicable
of the principal type of business conducted by the
corporation. However, if the contribution is $100 or less,
the occupation of the contributor or the principal type of
business need not be listed.
2. The name and address of each political commit
tee from which or to which the reporting electioneering
communications organization made any transfer of
funds, together with the amounts and dates of all
transfers.
3. Each loan for electioneering communication
purposes to or from any person or political committee
within the reporting period, together with the full names,
addresses, and occupations and principal places of
business, if any, of the lender and endorsers, if any, and
the date and amount of such loans.
4. A statement of each contribution, rebate, refund,
or other receipt not otherwise listed under subpara
graphs 1.-3.
5. The total sums of all loans, in-kind contributions,
and other receipts by or for such electioneering com
munications organization during the reporting period.
The reporting forms shall be designed to elicit separate
totals for in-kind contributions, loans, and other receipts.
6. The full name and address of each person to
whom expenditures have been made by or on behalf of
the electioneering communications organization within
the reporting period and the amount, date, and purpose
of each expenditure.
7. The full name and address of each person to
whom an expenditure for personal services, salary, or
reimbursement for expenses has been made and that is
not otherwise reported, including the amount, date, and
purpose of the expenditure.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
8. The total sum of expenditures made by the
electioneering communications organization during
the reporting period.
9. The amount and nature of debts and obligations
owed by or to the electioneering communications
organization that relate to the conduct of any electio
neering communication.
10. Transaction information for each credit card
purchase. Receipts for each credit card purchase
shall be retained by the electioneering communications
organization.
11. The amount and nature of any separate interest-
bearing accounts or certificates of deposit and identi
fication of the financial institution in which such accounts
or certificates of deposit are located.
12. The primary purposes of an expenditure made
indirectly through an electioneering communications
organization for goods and services, such as commu
nications media placement or procurement services and
other expenditures that include multiple components as
part of the expenditure. The primary purpose of an
expenditure shall be that purpose, including integral and
directly related components, that comprises 80 percent
of such expenditure.
(b) The filing officer shall make available to any
electioneering communications organization a reporting
form which the electioneering communications organi
zation may use to indicate contributions received by the
electioneering communications organization but re
turned to the contributor before deposit.
(4) The treasurer of the electioneering communica
tions organization shall certify as to the correctness of
each report, and each person so certifying shall bear the
responsibility for the accuracy and veracity of each
report. Any treasurer who willfully certifies the correct
ness of any report while knowing that such report is
incorrect, false, or incomplete commits a misdemeanor
of the first degree, punishable as provided in s. 775.082
or s. 775.083.
(5) The electioneering communications organization
depository shall provide statements reflecting deposits
and expenditures from the account to the treasurer, who
shall retain the records pursuant to s. 106.06. The
records maintained by the depository with respect to the
account shall be subject to inspection by an agent of the
Division of Elections or the Florida Elections Commis
sion at any time during normal banking hours, and such
depository shall furnish certified copies of any such
records to the Division of Elections or the Florida
Elections Commission upon request.
(6) Notwithstanding any other provisions of this
chapter, in any reporting period during which an
electioneering communications organization has not
received funds, made any contributions, or expended
any reportable funds, the treasurer shall file a written
report with the filing officer by the prescribed reporting
date that no reportable contributions or expenditures
were made during the reporting period.
(7)(a) Any electioneering communications organiza
tion failing to file a report on the designated due date
shall be subject to a fine as provided in paragraph (b) for
each late day. The fine shall be assessed by the filing
officer, and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case of an
electioneering communications organization that regis
ters with the Division of Elections; or
2. In the general revenue fund of the political
subdivision, in the case of an electioneering commu
nications organization that registers with an officer of a
political subdivision.
No separate fine shall be assessed for failure to file a
copy of any report required by this section.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the electioneering com
munications organization as to the failure to file a report
by the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per
day for the first 3 days late and, thereafter, $500 per day
for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater, for the
period covered by the late report. However, for the
reports immediately preceding each primary and gen
eral election, the fine shall be $500 per day for each late
day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period
covered by the late report. Upon receipt of the report,
the filing officer shall determine the amount of the fine
which is due and shall notify the electioneering com
munications organization. The filing officer shall deter
mine the amount of the fine due based upon the earliest
of the following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to s.
106.0705 or other electronic filing system authorized in
this section is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). Notice is deemed sufficient upon proof
of delivery of written notice to the mailing or street
address on record with the filing officer. An officer or
member of an electioneering communications organi
zation shall not be personally liable for such fine.
(c) The treasurer of an electioneering communica
tions organization may appeal or dispute the fine, based
upon, but not limited to, unusual circumstances sur
rounding the failure to file on the designated due date,
and may request and shall be entitled to a hearing
before the Florida Elections Commission, which shall
have the authority to waive the fine in whole or in part.
The Florida Elections Commission must consider the
mitigating and aggravating circumstances contained in
s. 106.265(1) when determining the amount of a fine, if
any, to be waived. Any such request shall be made
within 20 days after receipt of the notice of payment due.
In such case, the treasurer of the electioneering
communications organization shall, within the 20-day
period, notify the filing officer in writing of his or her
intention to bring the matter before the commission.
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by an electioneering communications organization, the
failure of an electioneering communications organiza
tion to file a report after notice, or the failure to pay the
fine imposed. The commission shall investigate only
those alleged late filing violations specifically identified
by the filing officer and as set forth in the notification.
Any other alleged violations must be stated separately
and reported by the division to the commission under s.
106.25(2).
(8) Electioneering communications organizations
shall not use credit cards.
History.—s. 7, ch. 2006-300; s. 23, ch. 2010-167; ss. 11, 30, ch. 2011-6; s. 60,
ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.0705 Electronic filing of campaign treasur
er’s reports.—
(1) As used in this section, “electronic filing system”
means an Internet system for recording and reporting
campaign finance activity by reporting period.
(2)(a) Each individual who is required to file reports
with the division pursuant to s. 106.07 or s. 106.141
must file such reports by means of the division’s
electronic filing system.
1(b) Each political committee, committee of continu
ous existence, electioneering communications organi
zation, affiliated party committee, or state executive
committee that is required to file reports with the division
under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, as
applicable, must file such reports with the division by
means of the division’s electronic filing system.
(c) Each person or organization that is required to file
reports with the division under s. 106.071 must file such
reports by means of the division’s electronic filing
system.
1(3) Reports filed pursuant to this section shall be
completed and filed through the electronic filing system
not later than midnight of the day designated. Reports
not filed by midnight of the day designated are late filed
and are subject to the penalties under s. 106.04(9), s.
106.07(8), s. 106.0703(7), or s. 106.29(3), as applic
able.
1(4) Each report filed pursuant to this section is
considered to be under oath by the candidate and
treasurer, the chair and treasurer, the treasurer under s.
106.0703, or the leader and treasurer under s. 103.092,
whichever is applicable, and such persons are subject
to the provisions of s. 106.04(4)(d), s. 106.07(5), s.
106.0703(4), or s. 106.29(2), as applicable. Persons
given a secure sign-on to the electronic filing system are
responsible for protecting such from disclosure and are
responsible for all filings using such credentials, unless
they have notified the division that their credentials have
been compromised.
(5) The electronic filing system developed by the
division must:
(a) Be based on access by means of the Internet.
(b) Be accessible by anyone with Internet access
using standard web-browsing software.
(c) Provide for direct entry of campaign finance
information as well as upload of such information from
campaign finance software certified by the division.
(d) Provide a method that prevents unauthorized
access to electronic filing system functions.
(6) The division shall adopt rules pursuant to ss.
120.536(1) and 120.54 to administer this section and
provide for the reports required to be filed pursuant to
this section. Such rules shall, at a minimum, provide:
(a) Alternate filing procedures in case the division’s
electronic filing system is not operable.
(b) For the issuance of an electronic receipt to the
person submitting the report indicating and verifying that
the report has been filed.
History.—s. 19, ch. 2004-252; s. 45, ch. 2005-278; s. 8, ch. 2006-300; s. 24, ch.
2010-167; ss. 12, 30, ch. 2011-6; s. 61, ch. 2011-40; HJR 7105, 2011 Regular
Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.0706 Electronic filing of campaign finance
reports; public records exemption.—
(1) All user identifications and passwords held by the
Department of State pursuant to s. 106.0705 are
confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution.
(2)(a) Information entered in the electronic filing
system for purposes of generating a report pursuant
to s. 106.0705 is exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
(b) Information entered in the electronic filing system
is no longer exempt once the report is generated and
filed with the Division of Elections.
History.—s. 1, ch. 2004-253; s. 16, ch. 2008-4; s. 1, ch. 2009-149.
106.071 Independent expenditures; electioneer
ing communications; reports; disclaimers.—
1(1) Each person who makes an independent ex
penditure with respect to any candidate or issue, and
each individual who makes an expenditure for an
electioneering communication which is not otherwise
reported pursuant to this chapter, which expenditure, in
the aggregate, is in the amount of $5,000 or more, shall
file periodic reports of such expenditures in the same
manner, at the same time, subject to the same
penalties, and with the same officer as a political
committee supporting or opposing such candidate or
issue. The report shall contain the full name and
address of the person making the expenditure; the full
name and address of each person to whom and for
whom each such expenditure has been made; the
amount, date, and purpose of each such expenditure; a
description of the services or goods obtained by each
such expenditure; the issue to which the expenditure
relates; and the name and address of, and office sought
by, each candidate on whose behalf such expenditure
was made.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
(2) Any political advertisement paid for by an
independent expenditure shall prominently state “Paid
political advertisement paid for by (Name and address of person
paying for advertisement) independently of any (candidate or
committee)
.”
(3) Subsection (2) does not apply to novelty items
having a retail value of $10 or less which support, but do
not oppose, a candidate or issue.
(4) Any person who fails to include the disclaimer
prescribed in subsection (2) in any political advertise
ment that is required to contain such disclaimer commits
a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
History.—s. 47, ch. 77-175; s. 10, ch. 89-256; s. 4, ch. 2004-252; s. 25, ch.
2010-167; ss. 13, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.075 Elected officials; report of loans made
in year preceding election; limitation on contribu
tions to pay loans.—
(1) A person who is elected to office must report all
loans, exceeding $500 in value, made to him or her and
used for campaign purposes, and made in the 12
months preceding his or her election to office, to the
filing officer. The report must be made, in the manner
prescribed by the Department of State, within 10 days
after being elected to office.
(2) Any person who makes a contribution to an
individual to pay all or part of a loan incurred, in the 12
months preceding the election, to be used for the
individual’s campaign, may not contribute more than
the amount which is allowed in s. 106.08(1).
History.—s. 11, ch. 89-256; s. 32, ch. 90-315; s. 12, ch. 91-107; s. 641, ch.
95-147.
106.08 Contributions; limitations on.—
1(1)(a) Except for political parties or affiliated party
committees, no person, political committee, or commit
tee of continuous existence may, in any election, make
contributions in excess of $500 to any candidate for
election to or retention in office or to any political
committee supporting or opposing one or more candi
dates. Candidates for the offices of Governor and
Lieutenant Governor on the same ticket are considered
a single candidate for the purpose of this section.
(b)1. The contribution limits provided in this subsec
tion do not apply to contributions made by a state or
county executive committee of a political party or
affiliated party committee regulated by chapter 103 or
to amounts contributed by a candidate to his or her own
campaign.
2. Notwithstanding the limits provided in this sub
section, an unemancipated child under the age of 18
years of age may not make a contribution in excess of
$100 to any candidate or to any political committee
supporting one or more candidates.
(c) The contribution limits of this subsection apply to
each election. For purposes of this subsection, the
primary election and general election are separate
elections so long as the candidate is not an unopposed
candidate as defined in s. 106.011(15). However, for the
purpose of contribution limits with respect to candidates
for retention as a justice or judge, there is only one
election, which is the general election.
1(2)(a) A candidate may not accept contributions from
national, state, or county executive committees of a
political party, including any subordinate committee of
such political party or affiliated party committees, which
contributions in the aggregate exceed $50,000.
(b) A candidate for statewide office may not accept
contributions from national, state, or county executive
committees of a political party, including any subordi
nate committee of the political party, or affiliated party
committees, which contributions in the aggregate ex
ceed $250,000. Polling services, research services,
costs for campaign staff, professional consulting ser
vices, and telephone calls are not contributions to be
counted toward the contribution limits of paragraph (a)
or this paragraph. Any item not expressly identified in
this paragraph as nonallocable is a contribution in an
amount equal to the fair market value of the item and
must be counted as allocable toward the contribution
limits of paragraph (a) or this paragraph. Nonallocable,
in-kind contributions must be reported by the candidate
under s. 106.07 and by the political party or affiliated
party committee under s. 106.29.
(3)(a) Any contribution received by a candidate with
opposition in an election or by the campaign treasurer or
a deputy campaign treasurer of such a candidate on the
day of that election or less than 5 days prior to the day of
that election must be returned by him or her to the
person or committee contributing it and may not be used
or expended by or on behalf of the candidate.
(b) Except as otherwise provided in 2paragraph (c),
any contribution received by a candidate or by the
campaign treasurer or a deputy campaign treasurer of a
candidate after the date at which the candidate with
draws his or her candidacy, or after the date the
candidate is defeated, becomes unopposed, or is
elected to office must be returned to the person or
committee contributing it and may not be used or
expended by or on behalf of the candidate.
1(4) Any contribution received by the chair, campaign
treasurer, or deputy campaign treasurer of a political
committee supporting or opposing a candidate with
opposition in an election or supporting or opposing an
issue on the ballot in an election on the day of that
election or less than 5 days prior to the day of that
election may not be obligated or expended by the
committee until after the date of the election.
1(5)(a) A person may not make any contribution
through or in the name of another, directly or indirectly,
in any election.
(b) Candidates, political committees, affiliated party
committees, and political parties may not solicit con
tributions from any religious, charitable, civic, or other
causes or organizations established primarily for the
public good.
(c) Candidates, political committees, affiliated party
committees, and political parties may not make con
tributions, in exchange for political support, to any
religious, charitable, civic, or other cause or
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
organization established primarily for the public good. It
is not a violation of this paragraph for:
1. A candidate, political committee, affiliated party
committee, or political party executive committee to
make gifts of money in lieu of flowers in memory of a
deceased person;
2. A candidate to continue membership in, or make
regular donations from personal or business funds to,
religious, political party, affiliated party committee, civic,
or charitable groups of which the candidate is a member
or to which the candidate has been a regular donor for
more than 6 months; or
3. A candidate to purchase, with campaign funds,
tickets, admission to events, or advertisements from
religious, civic, political party, affiliated party committee,
or charitable groups.
1(6)(a) A political party or affiliated party committee
may not accept any contribution that has been speci
fically designated for the partial or exclusive use of a
particular candidate. Any contribution so designated
must be returned to the contributor and may not be used
or expended by or on behalf of the candidate. Funds
contributed to an affiliated party committee shall not be
deemed as designated for the partial or exclusive use of
a leader as defined in s. 103.092.
(b)1. A political party or affiliated party committee
may not accept any in-kind contribution that fails to
provide a direct benefit to the political party or affiliated
party committee. A “direct benefit” includes, but is not
limited to, fundraising or furthering the objectives of the
political party or affiliated party committee.
2.a. An in-kind contribution to a state political party
may be accepted only by the chairperson of the state
political party or by the chairperson’s designee or
designees whose names are on file with the division
in a form acceptable to the division prior to the date of
the written notice required in sub-subparagraph b. An in-
kind contribution to a county political party may be
accepted only by the chairperson of the county political
party or by the county chairperson’s designee or
designees whose names are on file with the supervisor
of elections of the respective county prior to the date of
the written notice required in sub-subparagraph b. An in-
kind contribution to an affiliated party committee may be
accepted only by the leader of the affiliated party
committee as defined in s. 103.092 or by the leader’s
designee or designees whose names are on file with the
division in a form acceptable to the division prior to the
date of the written notice required in sub-subparagraph
b.
b. A person making an in-kind contribution to a state
or county political party or affiliated party committee
must provide prior written notice of the contribution to a
person described in sub-subparagraph a. The prior
written notice must be signed and dated and may be
provided by an electronic or facsimile message. How
ever, prior written notice is not required for an in-kind
contribution that consists of food and beverage in an
aggregate amount not exceeding $1,500 which is
consumed at a single sitting or event if such in-kind
contribution is accepted in advance by a person
specified in sub-subparagraph a.
c. A person described in sub-subparagraph a. may
accept an in-kind contribution requiring prior written
notice only in a writing that is dated before the in-kind
contribution is made. Failure to obtain the required
written acceptance of an in-kind contribution to a state
or county political party or affiliated party committee
constitutes a refusal of the contribution.
d. A copy of each prior written acceptance required
under sub-subparagraph c. must be filed at the time the
regular reports of contributions and expenditures re
quired under s. 106.29 are filed by the state executive
committee, county executive committee, and affiliated
party committee. A state executive committee and an
affiliated party committee must file with the division. A
county executive committee must file with the county’s
supervisor of elections.
e. An in-kind contribution may not be given to a
state or county political party or affiliated party commit
tee unless the in-kind contribution is made as provided
in this subparagraph.
1(7)(a) Any person who knowingly and willfully makes
or accepts no more than one contribution in violation of
subsection (1) or subsection (5), or any person who
knowingly and willfully fails or refuses to return any
contribution as required in subsection (3), commits a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083. If any corporation,
partnership, or other business entity or any political
party, affiliated party committee, political committee,
committee of continuous existence, or electioneering
communications organization is convicted of knowingly
and willfully violating any provision punishable under
this paragraph, it shall be fined not less than $1,000 and
not more than $10,000. If it is a domestic entity, it may
be ordered dissolved by a court of competent jurisdic
tion; if it is a foreign or nonresident business entity, its
right to do business in this state may be forfeited. Any
officer, partner, agent, attorney, or other representative
of a corporation, partnership, or other business entity, or
of a political party, affiliated party committee, political
committee, committee of continuous existence, electio
neering communications organization, or organization
exempt from taxation under s. 527 or s. 501(c)(4) of the
Internal Revenue Code, who aids, abets, advises, or
participates in a violation of any provision punishable
under this paragraph commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s.
775.083.
(b) Any person who knowingly and willfully makes or
accepts two or more contributions in violation of
subsection (1) or subsection (5) commits a felony of
the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. If any corporation, partner
ship, or other business entity or any political party,
affiliated party committee, political committee, commit
tee of continuous existence, or electioneering commu
nications organization is convicted of knowingly and
willfully violating any provision punishable under this
paragraph, it shall be fined not less than $10,000 and
not more than $50,000. If it is a domestic entity, it may
be ordered dissolved by a court of competent jurisdic
tion; if it is a foreign or nonresident business entity, its
right to do business in this state may be forfeited. Any
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
officer, partner, agent, attorney, or other representative
of a corporation, partnership, or other business entity, or
of a political committee, committee of continuous
existence, political party, affiliated party committee, or
electioneering communications organization, or organi
zation exempt from taxation under s. 527 or s. 501(c)(4)
of the Internal Revenue Code, who aids, abets, advises,
or participates in a violation of any provision punishable
under this paragraph commits a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(8) Except when otherwise provided in subsection
(7), any person who knowingly and willfully violates any
provision of this section shall, in addition to any other
penalty prescribed by this chapter, pay to the state a
sum equal to twice the amount contributed in violation of
this chapter. Each campaign treasurer shall pay all
amounts contributed in violation of this section to the
state for deposit in the General Revenue Fund.
(9) This section does not apply to the transfer of
funds between a primary campaign depository and a
savings account or certificate of deposit or to any
interest earned on such account or certificate.
(10) Contributions to a political committee or commit
tee of continuous existence may be received by an
affiliated organization and transferred to the bank
account of the political committee or committee of
continuous existence via check written from the af
filiated organization if such contributions are specifically
identified as intended to be contributed to the political
committee or committee of continuous existence. All
contributions received in this manner shall be reported
pursuant to s. 106.07 by the political committee or
committee of continuous existence as having been
made by the original contributor.
History.—s. 8, ch. 73-128; s. 6, ch. 74-200; s. 1, ch. 77-174; s. 48, ch. 77-175; s.
1, ch. 78-403; s. 9, ch. 79-365; s. 5, ch. 79-378; s. 7, ch. 85-226; s. 4, ch. 86-134; s.
12, ch. 89-256; ss. 33, 46, ch. 90-315; s. 9, ch. 90-338; s. 11, ch. 91-107; s. 642, ch.
95-147; s. 3, ch. 97-13; s. 8, ch. 99-355; s. 27, ch. 2002-17; s. 3, ch. 2002-197; s. 1,
ch. 2002-281; s. 68, ch. 2005-277; s. 46, ch. 2005-278; s. 25, ch. 2005-286; s. 1, ch.
2005-360; s. 9, ch. 2006-300; s. 44, ch. 2007-30; s. 26, ch. 2010-167; ss. 14, 30, ch.
2011-6; s. 62, ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
2Note.—Repealed by s. 62, ch. 2011-40.
106.087 Independent expenditures; contribu
tion limits; restrictions on political parties, political
committees, and committees of continuous exis
tence.—
(1)(a) As a condition of receiving a rebate of filing
fees and party assessment funds pursuant to s.
99.061(2), s. 99.092(1), s. 99.103, or s.
103.121(1)(b), the chair or treasurer of a state or county
executive committee shall take and subscribe to an oath
or affirmation in writing. During the qualifying period for
state candidates and prior to distribution of such funds,
a printed copy of the oath or affirmation shall be filed
with the Secretary of State and shall be substantially in
the following form:
State of Florida
County of__
Before me, an officer authorized to administer oaths,
personally appeared (name) , to me well known, who,
being sworn, says that he or she is the (title) of the
(name of party) (state or specified county) executive committee;
that the executive committee has not made, either
directly or indirectly, an independent expenditure in
support of or opposition to a candidate or elected public
official in the prior 6 months; that the executive
committee will not make, either directly or indirectly,
an independent expenditure in support of or opposition
to a candidate or elected public official, through and
including the upcoming general election; and that the
executive committee will not violate the contribution
limits applicable to candidates under s. 106.08(2),
Florida Statutes.
(Signature of committee officer)
(Address)
Sworn to and subscribed before me this __ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(b) Any executive committee found to have violated
the provisions of the oath or affirmation in this section
prior to receiving funds shall be ineligible to receive the
rebate for that general election year.
(c) Any executive committee found to have violated
the provisions of the oath or affirmation in this section
after receiving funds shall be ineligible to receive the
rebate from candidates qualifying for the following
general election cycle.
(d) Any funds not distributed to the state or county
executive committee pursuant to this section shall be
deposited into the General Revenue Fund of the state.
(2)(a) Any political committee or committee of con
tinuous existence that accepts the use of public funds,
equipment, personnel, or other resources to collect
dues from its members agrees not to make independent
expenditures in support of or opposition to a candidate
or elected public official. However, expenditures may be
made for the sole purpose of jointly endorsing three or
more candidates.
(b) Any political committee or committee of contin
uous existence that violates this subsection is liable for
a civil fine of up to $5,000 to be determined by the
Florida Elections Commission or the entire amount of
the expenditures, whichever is greater.
History.—s. 5, ch. 97-13; s. 14, ch. 99-6.
1106.088 Independent expenditures; contribu
tion limits; restrictions on affiliated party commit
tees.—
(1) As a condition of receiving a rebate of party
assessments under s. 103.121(1)(b), the leader or
treasurer of an affiliated party committee as defined in
s. 103.092 shall take and subscribe to an oath or
affirmation in writing. During the qualifying period for
state candidates and prior to distribution of such funds,
a printed copy of the oath or affirmation shall be filed
with the Secretary of State and shall be substantially in
the following form:
State of Florida
119
Ch. 106 CAMPAIGN FINANCING F.S. 2011
County of __
Before me, an officer authorized to administer oaths,
personally appeared (name) , to me well known, who,
being sworn, says that he or she is the (title) of the
(name of party) (name of chamber) affiliated party committee;
that the affiliated party committee has not made, either
directly or indirectly, an independent expenditure in
support of or opposition to a candidate or elected public
official in the prior 6 months; that the affiliated party
committee will not make, either directly or indirectly, an
independent expenditure in support of or opposition to a
candidate or elected public official, through and includ
ing the upcoming general election; and that the affiliated
party committee will not violate the contribution limits
applicable to candidates under s. 106.08(2), Florida
Statutes.
(Signature of committee officer)
(Address)
Sworn to and subscribed before me this__ day of
__, (year) , at __ County, Florida.
(Signature and title of officer administering oath)
(2)(a) Any affiliated party committee found to have
violated the provisions of the oath or affirmation prior to
receiving funds shall be ineligible to receive the rebate
for that general election year.
(b) Any affiliated party committee found to have
violated the provisions of the oath or affirmation after
receiving funds shall be ineligible to receive the rebate
from candidates qualifying for the following general
election cycle.
(3) Any funds not distributed to the affiliated party
committee pursuant to this section shall be deposited
into the General Revenue Fund of the state.
History.—ss. 15, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.09 Cash contributions and contribution by
cashier’s checks.—
(1)(a) A person may not make an aggregate cash
contribution or contribution by means of a cashier’s
check to the same candidate or committee in excess of
$50 per election.
(b) A person may not accept an aggregate cash
contribution or contribution by means of a cashier’s
check from the same contributor in excess of $50 per
election.
(2)(a) Any person who makes or accepts a contribu
tion in violation of subsection (1) commits a misdemea
nor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or
accepts a contribution in excess of $5,000 in violation of
subsection (1) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.—s. 9, ch. 73-128; s. 48, ch. 77-175; s. 2, ch. 2002-281; s. 45, ch.
2007-30; s. 63, ch. 2011-40.
106.11 Expenses of and expenditures by candi
dates and political committees.—Each candidate and
each political committee which designates a primary
campaign depository pursuant to s. 106.021(1) shall
make expenditures from funds on deposit in such
primary campaign depository only in the following
manner, with the exception of expenditures made
from petty cash funds provided by s. 106.12:
(1)(a) The campaign treasurer or deputy campaign
treasurer of a candidate or political committee shall
make expenditures from funds on deposit in the primary
campaign depository only by means of a bank check
drawn upon the campaign account of the candidate or
political committee. The campaign account shall be
separate from any personal or other account and shall
be used only for the purpose of depositing contributions
and making expenditures for the candidate or political
committee.
(b) The checks for such account shall contain, as a
minimum, the following information:
1. The statement “ (name of candidate or political committee)
Campaign Account.”
2. The account number and the name of the bank.
3. The exact amount of the expenditure.
4. The signature of the campaign treasurer or
deputy treasurer.
5. The exact purpose for which the expenditure is
authorized.
6. The name of the payee.
(2)(a) For purposes of this section, debit cards are
considered bank checks, if:
1. Debit cards are obtained from the same bank that
has been designated as the candidate’s or political
committee’s primary campaign depository.
2. Debit cards are issued in the name of the
treasurer, deputy treasurer, or authorized user and
state “ (name of candidate or political committee) Campaign
Account.”
3. No more than three debit cards are requested
and issued.
4. The person using the debit card does not receive
cash as part of, or independent of, any transaction for
goods or services.
5. All receipts for debit card transactions contain:
a. The last four digits of the debit card number.
b. The exact amount of the expenditure.
c. The name of the payee.
d. The signature of the campaign treasurer, deputy
treasurer, or authorized user.
e. The exact purpose for which the expenditure is
authorized.
Any information required by this subparagraph but not
included on the debit card transaction receipt may be
handwritten on, or attached to, the receipt by the
authorized user before submission to the treasurer.
(b) Debit cards are not subject to the requirements of
paragraph (1)(b).
(3) The campaign treasurer, deputy treasurer, or
authorized user who signs the check shall be respon
sible for the completeness and accuracy of the informa
tion on such check and for insuring that such expendi
ture is an authorized expenditure.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
(4) No candidate, campaign manager, treasurer,
deputy treasurer, or political committee or any officer
or agent thereof, or any person acting on behalf of any of
the foregoing, shall authorize any expenses, nor shall
any campaign treasurer or deputy treasurer sign a
check drawn on the primary campaign account for any
purpose, unless there are sufficient funds on deposit in
the primary depository account of the candidate or
political committee to pay the full amount of the
authorized expense, to honor all other checks drawn
on such account, which checks are outstanding, and to
meet all expenses previously authorized but not yet
paid. However, an expense may be incurred for the
purchase of goods or services if there are sufficient
funds on deposit in the primary depository account to
pay the full amount of the incurred expense, to honor all
checks drawn on such account, which checks are
outstanding, and to meet all other expenses previously
authorized but not yet paid, provided that payment for
such goods or services is made upon final delivery and
acceptance of the goods or services; and an expendi
ture from petty cash pursuant to the provisions of s.
106.12 may be authorized, if there is a sufficient amount
of money in the petty cash fund to pay for such
expenditure. Payment for credit card purchases shall
be made pursuant to s. 106.125. Any expense incurred
or authorized in excess of such funds on deposit shall, in
addition to other penalties provided by law, constitute a
violation of this chapter. As used in this subsection, the
term “sufficient funds on deposit in the primary deposi
tory account of the candidate or political committee”
means that the funds at issue have been delivered for
deposit to the financial institution at which such account
is maintained. The term shall not be construed to mean
that such funds are available for withdrawal in accor
dance with the deposit rules or the funds availability
policies of such financial institution.
(5) A candidate who withdraws his or her candidacy,
becomes an unopposed candidate, or is eliminated as a
candidate or elected to office may expend funds from
the campaign account to:
(a) Purchase “thank you” advertising for up to 75
days after he or she withdraws, becomes unopposed, or
is eliminated or elected.
(b) Pay for items which were obligated before he or
she withdrew, became unopposed, or was eliminated or
elected.
(c) Pay for expenditures necessary to close down
the campaign office and to prepare final campaign
reports.
(d) Dispose of surplus funds as provided in s.
106.141.
(6) A candidate who makes a loan to his or her
campaign and reports the loan as required by s. 106.07
may be reimbursed for the loan at any time the
campaign account has sufficient funds to repay the
loan and satisfy its other obligations.
History.—s. 11, ch. 73-128; s. 8, ch. 74-200; s. 48, ch. 77-175; s. 2, ch. 78-403;
s. 10, ch. 79-365; s. 8, ch. 85-226; s. 13, ch. 89-256; s. 14, ch. 91-107; s. 643, ch.
95-147; s. 25, ch. 2002-17; s. 4, ch. 2002-197; s. 64, ch. 2011-40.
106.113 Expenditures by local governments.—
(1) As used in this section, the term:
(a) “Local government” means:
1. A county, municipality, school district, or other
political subdivision in this state; and
2. Any department, agency, board, bureau, district,
commission, authority, or similar body of a county,
municipality, school district, or other political subdivision
of this state.
(b) “Public funds” means all moneys under the
jurisdiction or control of the local government.
(2) A local government or a person acting on behalf
of local government may not expend or authorize the
expenditure of, and a person or group may not accept,
public funds for a political advertisement or electioneer
ing communication concerning an issue, referendum, or
amendment, including any state question, that is subject
to a vote of the electors. This subsection does not apply
to an electioneering communication from a local gov
ernment or a person acting on behalf of a local
government which is limited to factual information.
(3) With the exception of the prohibitions specified in
subsection (2), this section does not preclude an elected
official of the local government from expressing an
opinion on any issue at any time.
History.—s. 1, ch. 2009-125.
106.12 Petty cash funds allowed.—
(1) Each campaign treasurer designated pursuant to
s. 106.021(1) for a candidate or political committee is
authorized to withdraw from the primary campaign
account, until the close of the last day for qualifying
for office, the amount of $500 per calendar quarter
reporting period for the purpose of providing a petty
cash fund for the candidate or political committee.
(2) Following the close of the last day for qualifying
and until the last election in a given election period in
which the political committee participates, the campaign
treasurer of each political committee is authorized to
withdraw the following amount each week from the
primary depository campaign account for the purpose of
providing a petty cash fund for the political committee,
and, following the close of the last day for qualifying and
until the election at which such candidate is eliminated
or elected to office, or the time at which the candidate
becomes unopposed, the campaign treasurer of each
candidate is authorized to withdraw the following
amount each week from the primary depository cam
paign account for the purpose of providing a petty cash
fund for the candidate:
(a) For all candidates for nomination or election on a
statewide basis, $500 per week.
(b) For all other candidates and all political commit
tees, $100 per week.
(3) The petty cash fund so provided shall be spent
only in amounts less than $100 and only for office
supplies, transportation expenses, and other necessi
ties. Petty cash shall not be used for the purchase of
time, space, or services from communications media as
defined in s. 106.011(13).
History.—s. 12, ch. 73-128; s. 48, ch. 77-175; s. 9, ch. 85-226; s. 5, ch.
2002-197.
106.125 Credit cards; conditions on use.—Any
candidate for statewide office or any political committee
created to support or oppose any candidate for state
wide office or to support or oppose any statewide issue
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
may obtain, and use in making travel-related campaign
expenditures, credit cards. The obtention and use of
credit cards by any such candidate or political commit
tee shall be subject to the following conditions:
(1) Credit cards may be obtained only from the same
bank which has been designated as the candidate’s or
political committee’s primary campaign depository.
(2) Credit cards shall be in the name of the
candidate or political committee and shall reflect that
the account is a campaign account.
(3) Before a credit card may be used, a copy of the
agreement or contract between the candidate and the
bank, or the political committee and the bank, and a list
of all persons who have been authorized to use the card
shall be filed with the Secretary of State.
(4) All credit cards issued to candidates or political
committees shall expire no later than midnight of the last
day of the month of the general election.
(5) Each statement rendered by the issuer of a credit
card shall be paid upon receipt.
(6) Campaign travel-related expenditures shall in
clude transportation, lodging, meals, and other ex
penses incurred in connection with traveling for cam
paign purposes.
This section shall not be deemed to preclude the use of
advance payments by a check drawn on the primary
depository account for travel-related expenses. The
treasurer shall require an accounting of actual expenses
and reconcile any overpayment or underpayment to the
original payee.
History.—s. 11, ch. 79-365; s. 2, ch. 86-134.
106.14 Utilities; deposits; prior authorization.
(1) Utility companies providing utilities services to a
candidate or political committee shall charge a deposit
sufficient to meet all anticipated charges during a billing
period.
(2) Authorization and payment for utilities used
during the billing period must be made by the candidate
or political committee when the bill is received from a
utility company.
History.—s. 14, ch. 73-128; s. 48, ch. 77-175; s. 5, ch. 78-403; s. 59, ch. 79-400;
s. 2, ch. 85-63; s. 14, ch. 89-256.
106.1405 Use of campaign funds.—A candidate
or the spouse of a candidate may not use funds on
deposit in a campaign account of such candidate to
defray normal living expenses for the candidate or the
candidate’s family, other than expenses actually in
curred for transportation, meals, and lodging by the
candidate or a family member during travel in the course
of the campaign.
History.—s. 49, ch. 77-175; s. 53, ch. 81-259; s. 644, ch. 95-147; s. 10, ch.
97-13.
106.141 Disposition of surplus funds by candi
dates.—
(1) Each candidate who withdraws his or her candi
dacy, becomes an unopposed candidate, or is elimi
nated as a candidate or elected to office shall, within 90
days, dispose of the funds on deposit in his or her
campaign account and file a report reflecting the
disposition of all remaining funds. Such candidate
shall not accept any contributions, nor shall any person
accept contributions on behalf of such candidate, after
the candidate withdraws his or her candidacy, becomes
unopposed, or is eliminated or elected. However, if a
candidate receives a refund check after all surplus funds
have been disposed of, the check may be endorsed by
the candidate and the refund disposed of under this
section. An amended report must be filed showing the
refund and subsequent disposition.
(2) Any candidate required to dispose of funds
pursuant to this section may, prior to such disposition,
be reimbursed by the campaign, in full or in part, for any
reported contributions by the candidate to the cam
paign.
(3) The campaign treasurer of a candidate who
withdraws his or her candidacy, becomes unopposed,
or is eliminated as a candidate or elected to office and
who has funds on deposit in a separate interest-bearing
account or certificate of deposit shall, within 7 days after
the date of becoming unopposed or the date of such
withdrawal, elimination, or election, transfer such funds
and the accumulated interest earned thereon to the
campaign account of the candidate for disposal under
this section. However, if the funds are in an account in
which penalties will apply for withdrawal within the 7-day
period, the campaign treasurer shall transfer such funds
and the accumulated interest earned thereon as soon
as the funds can be withdrawn without penalty, or within
90 days after the candidate becomes unopposed,
withdraws his or her candidacy, or is eliminated or
elected, whichever comes first.
(4)1(a) Except as provided in paragraph (b), any
candidate required to dispose of funds pursuant to
this section shall, at the option of the candidate, dispose
of such funds by any of the following means, or any
combination thereof:
1. Return pro rata to each contributor the funds that
have not been spent or obligated.
2. Donate the funds that have not been spent or
obligated to a charitable organization or organizations
that meet the qualifications of s. 501(c)(3) of the Internal
Revenue Code.
23. Give the funds that have not been spent or
obligated to the affiliated party committee or political
party of which such candidate is a member.
4. Give the funds that have not been spent or
obligated:
a. In the case of a candidate for state office, to the
state, to be deposited in either the 3Election Campaign
Financing Trust Fund or the General Revenue Fund, as
designated by the candidate; or
b. 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.
(b) Any candidate required to dispose of funds
pursuant to this section who has received contributions
pursuant to the Florida Election Campaign Financing
Act shall, after all monetary commitments pursuant to s.
106.11(5)(b) and (c) have been met, return all surplus
campaign funds to the General Revenue Fund.
(5) A candidate elected to office or a candidate who
will be elected to office by virtue of his or her being
unopposed may, in addition to the disposition methods
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
provided in subsection (4), transfer from the campaign
account to an office account any amount of the funds on
deposit in such campaign account up to:
(a) Twenty thousand dollars, for a candidate for
statewide office. The Governor and Lieutenant Gover
nor shall be considered separate candidates for the
purpose of this section.
(b) Five thousand dollars, for a candidate for multi
county office.
(c) Five thousand dollars multiplied by the number of
years in the term of office for which elected, for a
candidate for legislative office.
(d) Two thousand five hundred dollars multiplied by
the number of years in the term of office for which
elected, for a candidate for county office or for a
candidate in any election conducted on less than a
countywide basis.
(e) Six thousand dollars, for a candidate for retention
as a justice of the Supreme Court.
(f) Three thousand dollars, for a candidate for
retention as a judge of a district court of appeal.
(g) One thousand five hundred dollars, for a candi
date for county court judge or circuit judge.
The office account established pursuant to this subsec
tion shall be separate from any personal or other
account. Any funds so transferred by a candidate
shall be used only for legitimate expenses in connection
with the candidate’s public office. Such expenses may
include travel expenses incurred by the officer or a staff
member, personal taxes payable on office account
funds by the candidate or elected public official, or
expenses incurred in the operation of his or her office,
including the employment of additional staff. The funds
may be deposited in a savings account; however, all
deposits, withdrawals, and interest earned thereon shall
be reported at the appropriate reporting period. If a
candidate is reelected to office or elected to another
office and has funds remaining in his or her office
account, he or she may transfer surplus campaign funds
to the office account. At no time may the funds in the
office account exceed the limitation imposed by this
subsection. Upon leaving public office, any person who
has funds in an office account pursuant to this subsec
tion remaining on deposit shall give such funds to a
charitable organization or organizations which meet the
requirements of s. 501(c)(3) of the Internal Revenue
Code or, in the case of a state officer, to the state to be
deposited in the General Revenue Fund or, in the case
of an officer of a political subdivision, to the political
subdivision to be deposited in the general fund thereof.
(6) Prior to disposing of funds pursuant to subsec
tion (4) or transferring funds into an office account
pursuant to subsection (5), any candidate who filed an
oath stating that he or she was unable to pay the
election assessment or fee for 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 who filed both such oaths,
or who qualified by the petition process and was not
required to pay an election assessment, shall reimburse
the state or local governmental entity, whichever is
applicable, for such waived assessment or fee or both.
Such reimbursement shall be made first for the cost of
petition verification and then, if funds are remaining, for
the amount of the election assessment. If there are
insufficient funds in the account to pay the full amount of
either the assessment or the fee or both, the remaining
funds shall be disbursed in the above manner until no
funds remain. All funds disbursed pursuant to this
subsection shall be remitted to the qualifying officer.
Any reimbursement for petition verification costs which
are reimbursable by the state shall be forwarded by the
qualifying officer to the state for deposit in the General
Revenue Fund. All reimbursements for the amount of
the election assessment shall be forwarded by the
qualifying officer to the Department of State for deposit
in the General Revenue Fund.
(7)(a) Any candidate required to dispose of cam
paign funds pursuant to this section shall do so within
the time required by this section and shall, on or before
the date by which such disposition is to have been
made, file with the officer with whom reports are
required to be filed pursuant to s. 106.07 a form
prescribed by the Division of Elections listing:
1. The name and address of each person or unit of
government to whom any of the funds were distributed
and the amounts thereof;
2. The name and address of each person to whom
an expenditure was made, together with the amount
thereof and purpose therefor; and
3. The amount of such funds transferred to an office
account by the candidate, together with the name and
address of the bank in which the office account is
located.
Such report shall be signed by the candidate and the
campaign treasurer and certified as true and correct
pursuant to s. 106.07.
(b) The filing officer shall notify each candidate at
least 14 days before the date the report is due.
(c) Any candidate failing to file a report on the
designated due date shall be subject to a fine as
provided in s. 106.07 for submitting late termination
reports.
(8) Any candidate elected to office who transfers
surplus campaign funds into an office account pursuant
to subsection (5) shall file a report on the 10th day
following the end of each calendar quarter until the
account is closed. Such reports shall contain the name
and address of each person to whom any disbursement
of funds was made, together with the amount thereof
and the purpose therefor, and the name and address of
any person from whom the elected candidate received
any refund or reimbursement and the amount thereof.
Such reports shall be on forms prescribed by the
Division of Elections, signed by the elected candidate,
certified as true and correct, and filed with the officer
with whom campaign reports were filed pursuant to s.
106.07(2).
(9) Any candidate, or any person on behalf of a
candidate, who accepts contributions after such candi
date has withdrawn his or her candidacy, after the
candidate has become an unopposed candidate, or
after the candidate has been eliminated as a candidate
or elected to office commits a misdemeanor of the first
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
degree, punishable as provided in s. 775.082 or s.
775.083.
(10) Any candidate who is required by the provisions
of this section to dispose of funds in his or her campaign
account and who fails to dispose of the funds in the
manner provided in this section commits a misdemea
nor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
History.—s. 50, ch. 77-175; s. 6, ch. 79-378; s. 60, ch. 79-400; s. 2, ch. 80-292;
s. 54, ch. 81-259; s. 28, ch. 81-304; s. 1, ch. 82-404; s. 38, ch. 84-302; s. 10, ch.
85-226; s. 2, ch. 86-7; s. 2, ch. 86-276; s. 11, ch. 87-363; s. 15, ch. 89-256; s. 34, ch.
90-315; s. 15, ch. 91-107; s. 645, ch. 95-147; ss. 15, 16, 53, ch. 97-13; s. 6, ch.
2002-197; s. 20, ch. 2004-252; s. 70, ch. 2005-277; ss. 16, 30, ch. 2011-6; s. 65, ch.
2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
2Note.—As amended by s. 16, ch. 2011-6, and s. 65, ch. 2011-40. Section 16, ch.
2011-6, added references to affiliated party committees as an alternative recipient to
political parties at s. 106.141(4)(a)3. relating to disposal of unspent or unobligated
funds; s. 65, ch. 2011-40, deleted language specifying dollar amount limitations as
to disposal of funds.
3Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.143 Political advertisements circulated
prior to election; requirements.—
(1)(a) Any political advertisement that is paid for by a
candidate, except a write-in candidate, and that is
published, displayed, or circulated before, or on the
day of, any election must prominently state:
1. “Political advertisement paid for and approved by
(name of candidate) , (party affiliation) , for (office sought) ”; or
2. “Paid by (name of candidate) , (party affiliation) , for
(office sought) .”
(b) Any political advertisement that is paid for by a
write-in candidate and that is published, displayed, or
circulated before, or on the day of, any election must
prominently state:
1. “Political advertisement paid for and approved by
(name of candidate) , write-in candidate, for (office sought) ”;
or
2. “Paid by (name of candidate) , write-in candidate, for
(office sought) .”
(c) Any other political advertisement published, dis
played, or circulated before, or on the day of, any
election must prominently:
1. Be marked “paid political advertisement” or with
the abbreviation “pd. pol. adv.”
2. State the name and address of the persons
paying for the advertisement.
3. State whether the advertisement and the cost of
production is paid for or provided in kind by or at the
expense of the entity publishing, displaying, broad
casting, or circulating the political advertisement.
(d) Any political advertisement made pursuant to s.
106.021(3)(d) must prominently state the name and
address of the political committee or political party
paying for the advertisement.
(2) Political advertisements made as in-kind con
tributions from a political party must prominently state:
“Paid political advertisement paid 1for in-kind by (name of
political party) . Approved by (name of person, party affiliation, and office
sought in the political advertisement)
.”
(3) Any political advertisement of a candidate run
ning for partisan office shall express the name of the
political party of which the candidate is seeking nomina
tion or is the nominee. If the candidate for partisan office
is running as a candidate with no party affiliation, any
political advertisement of the candidate must state that
the candidate has no party affiliation. A political adver
tisement of a candidate running for nonpartisan office
may not state the candidate’s political party affiliation.
This section does not prohibit a political advertisement
from stating the candidate’s partisan-related experi
ence. A candidate for nonpartisan office is prohibited
from campaigning based on party affiliation.
(4) It is unlawful for any candidate or person on
behalf of a candidate to represent that any person or
organization supports such candidate, unless the per
son or organization so represented has given specific
approval in writing to the candidate to make such
representation. However, this subsection does not
apply to:
(a) Editorial endorsement by any newspaper, radio
or television station, or other recognized news medium.
(b) Publication by a party committee advocating the
candidacy of its nominees.
(5)2(a) Any political advertisement not paid for by a
candidate, including those paid for by a political party or
affiliated party committee, other than an independent
expenditure, offered on behalf of a candidate must be
approved in advance by the candidate. Such political
advertisement must expressly state that the content of
the advertisement was approved by the candidate,
unless the political advertisement is published, dis
played, or circulated in compliance with subparagraph
(1)(a)2., and must state who paid for the advertisement.
The candidate shall provide a written statement of
authorization to the newspaper, radio station, television
station, or other medium for each such advertisement
submitted for publication, display, broadcast, or other
distribution.
(b) Any person who makes an independent expen
diture for a political advertisement shall provide a written
statement that no candidate has approved the adver
tisement to the newspaper, radio station, television
station, or other medium for each such advertisement
submitted for publication, display, broadcast, or other
distribution. The advertisement must also contain a
statement that no candidate has approved the adver
tisement.
(6) No political advertisement of a candidate who is
not an incumbent of the office for which the candidate is
running shall use the word “re-elect.” Additionally, such
advertisement must include the word “for” between the
candidate’s name and the office for which the candidate
is running, in order that incumbency is not implied. This
subsection does not apply to bumper stickers or items
designed to be worn by a person.
(7) Political advertisements paid for by a political
party or an affiliated party committee may use names
and abbreviations as registered under s. 103.081 in the
disclaimer.
(8) This section does not apply to novelty items
having a retail value of $10 or less which support, but do
not oppose, a candidate or issue.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
(9) Any political advertisement which is published,
displayed, or produced in a language other than English
may provide the information required by this section in
the language used in the advertisement.
(10) This section does not apply to any campaign
message or political advertisement used by a candidate
and the candidate’s supporters or by a political com
mittee if the message or advertisement is:
(a) Designed to be worn by a person.
(b) Placed as a paid link on an Internet website,
provided the message or advertisement is no more than
200 characters in length and the link directs the user to
another Internet website that complies with subsection
(1).
(c) Placed as a graphic or picture link where
compliance with the requirements of this section is
not reasonably practical due to the size of the graphic or
picture link and the link directs the user to another
Internet website that complies with subsection (1).
(d) Placed at no cost on an Internet website for which
there is no cost to post content for public users.
(e) Placed or distributed on an unpaid profile or
account which is available to the public without charge
or on a social networking Internet website, as long as
the source of the message or advertisement is patently
clear from the content or format of the message or
advertisement. A candidate or political committee may
prominently display a statement indicating that the
website or account is an official website or account of
the candidate or political committee and is approved by
the candidate or political committee. A website or
account may not be marked as official without prior
approval by the candidate or political committee.
(f) Distributed as a text message or other message
via Short Message Service, provided the message is no
more than 200 characters in length or requires the
recipient to sign up or opt in to receive it.
(g) Connected with or included in any software
application or accompanying function, provided that
the user signs up, opts in, downloads, or otherwise
accesses the application from or through a website that
complies with subsection (1).
(h) Sent by a third-party user from or through a
campaign or committee’s website, provided the website
complies with subsection (1).
(i) Contained in or distributed through any other
technology-related item, service, or device for which
compliance with subsection (1) is not reasonably
practical due to the size or nature of such item, service,
or device as available, or the means of displaying the
message or advertisement makes compliance with
subsection (1) impracticable.
(11) Any person who willfully violates any provision of
this section is subject to the civil penalties prescribed in
s. 106.265.
History.—s. 8, ch. 26870, 1951; s. 1, ch. 61-145; s. 21, ch. 65-379; s. 57, ch.
71-136; s. 30, ch. 73-128; s. 52, ch. 77-175; s. 30, ch. 81-304; s. 16, ch. 89-256; s.
35, ch. 90-315; s. 16, ch. 91-107; s. 646, ch. 95-147; s. 17, ch. 97-13; s. 18, ch.
99-318; s. 5, ch. 2004-252; s. 46, ch. 2007-30; s. 18, ch. 2010-167; ss. 17, 30, ch.
2011-6; s. 66, ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—The word “by” following the word “for” was deleted by the editors.
2Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
Note.—Former s. 104.37.
106.1435 Usage and removal of political cam
paign advertisements.—
(1) Each candidate, whether for a federal, state,
county, or district office, shall make a good faith effort to
remove all of his or her political campaign advertise
ments within 30 days after:
(a) Withdrawal of his or her candidacy;
(b) Having been eliminated as a candidate; or
(c) Being elected to office.
However, a candidate is not expected to remove those
political campaign advertisements which are in the form
of signs used by an outdoor advertising business as
provided in chapter 479. The provisions herein do not
apply to political campaign advertisements placed on
motor vehicles or to campaign messages designed to
be worn by persons.
(2) If political campaign advertisements are not
removed within the specified period, the political sub
division or governmental entity has the authority to
remove such advertisements and may charge the
candidate the actual cost for such removal. Funds
collected for removing such advertisements shall be
deposited to the general revenue of the political
subdivision.
(3) Pursuant to chapter 479, no political campaign
advertisements shall be erected, posted, painted,
tacked, nailed, or otherwise displayed, placed, or
located on or above any state or county road right-of
way.
(4) The officer before whom a candidate qualifies for
office shall notify the candidate, in writing, of the
provisions in this section.
(5) This provision does not preclude municipalities
from imposing additional or more stringent requirements
on the usage and removal of political campaign adver
tisements.
History.—s. 1, ch. 84-221; s. 20, ch. 84-302; s. 14, ch. 87-224; s. 647, ch.
95-147.
1106.1437 Miscellaneous advertisements.—Any
advertisement, other than a political advertisement,
independent expenditure, or electioneering communi
cation, on billboards, bumper stickers, radio, or televi
sion, or in a newspaper, a magazine, or a periodical,
intended to influence public policy or the vote of a public
official, shall clearly designate the sponsor of such
advertisement by including a clearly readable statement
of sponsorship. If the advertisement is broadcast on
television, the advertisement shall also contain a verbal
statement of sponsorship. This section does not apply
to an editorial endorsement. For purposes of this
chapter, an expenditure made for, or in furtherance
of, a miscellaneous advertisement is not considered to
be a contribution to or on behalf of a candidate, and
does not constitute an independent expenditure. Such
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
expenditures are not subject to the limitations applicable
to independent expenditures.
History.—s. 36, ch. 90-315; s. 6, ch. 2004-252; s. 27, ch. 2010-167; ss. 18, 30,
ch. 2011-6; s. 67, ch. 2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
1106.1439 Electioneering communications; dis
claimers.—
(1) Any electioneering communication, other than a
telephone call, shall prominently state: “Paid electio
neering communication paid for by (Name and address of
person paying for the communication)
.”
(2) Any electioneering communication telephone
call shall identify the persons or organizations sponsor
ing the call by stating either: “Paid for by (insert name of
persons or organizations sponsoring the call) .” or “Paid for on behalf
of (insert name of persons or organizations authorizing call) .” This
subsection does not apply to any telephone call in which
the individual making the call is not being paid and the
individuals participating in the call know each other prior
to the call.
(3) Any person who fails to include the disclaimer
prescribed in this section in any electioneering commu
nication that is required to contain such disclaimer
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 2004-252; s. 28, ch. 2010-167; ss. 19, 30, ch. 2011-6; HJR
7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.147 Telephone solicitation; disclosure re
quirements; prohibitions; exemptions; penalties.
(1)1(a) Any telephone call supporting or opposing a
candidate, elected public official, or ballot proposal must
identify the persons or organizations sponsoring the call
by stating either: “paid for by
__” (insert name of
persons or organizations sponsoring the call) or “paid
for on behalf of
__” (insert name of persons or
organizations authorizing call). This paragraph does
not apply to any telephone call in which both the
individual making the call is not being paid and the
individuals participating in the call know each other prior
to the call.
(b) Any telephone call conducted for the purpose of
polling respondents concerning a candidate or elected
public official which is a part of a series of like telephone
calls that consists of fewer than 1,000 completed calls
and averages more than 2 minutes in duration is
presumed to be a political poll and not subject to the
provisions of paragraph (a).
(c) No telephone call shall state or imply that the
caller represents any person or organization unless the
person or organization so represented has given
specific approval in writing to make such representation.
(d) No telephone call shall state or imply that the
caller represents a nonexistent person or organization.
(2) Any telephone call, not conducted by indepen
dent expenditure, which expressly advocates for or
against a candidate or ballot proposal requires prior
written authorization by the candidate or sponsor of the
ballot proposal that the call supports. A copy of such
written authorization must be placed on file with the
qualifying officer by the candidate or sponsor of the
ballot proposal prior to the time the calls commence.
1(3)(a) Any person who willfully violates any provision
of this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s.
775.083.
(b) For purposes of paragraph (a), the term “person”
includes any candidate; any officer of any political
committee, committee of continuous existence, af
filiated party committee, or political party executive
committee; any officer, partner, attorney, or other
representative of a corporation, partnership, or other
business entity; and any agent or other person acting on
behalf of any candidate, political committee, committee
of continuous existence, affiliated party committee,
political party executive committee, or corporation,
partnership, or other business entity.
History.—s. 18, ch. 97-13; s. 31, ch. 2008-95; s. 29, ch. 2010-167; ss. 20, 30, ch.
2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.1475 Telephone solicitation; registered
agent requirements; penalty.—
(1) Any person or organization that conducts any
business in this state which consists of making paid
telephone calls supporting or opposing any candidate or
elected public official must, prior to conducting such
business, have and continuously maintain, for at least
180 days following the cessation of such business
activities in the state, a registered agent for the purpose
of any service of process, notice, or demand required or
authorized by law and must file with the division a notice
of such registered agent. Such registered agent must be
an individual who is a resident of this state, a domestic
corporation, or a foreign corporation authorized to do
business in this state. However, this subsection does
not apply to any person or organization already lawfully
registered to conduct business in this state.
(2) For purposes of this section, conducting busi
ness in this state as specified in subsection (1) includes
both placing telephone calls from a location in this state
and placing telephone calls from a location outside this
state to individuals located in this state.
(3)(a) The division shall create and maintain forms
for the notice required by subsection (1), which, at a
minimum, must elicit all of the following information:
1. The name, address, and telephone number of the
registered agent.
2. The name, address, and telephone number of the
person or organization conducting business in this state
as specified in subsection (1).
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
(b) The person or organization conducting business
in this state as specified in subsection (1) must
immediately notify the division of any changes in the
information required in paragraph (a).
(4) Any person or organization that violates this
section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 19, ch. 97-13.
106.15 Certain acts prohibited.—
(1) No person shall pay money or give anything of
value for the privilege of speaking at a political meeting
in the furtherance of his or her candidacy, nor shall
anyone speaking for such a person pay money or give
anything of value for such privilege.
(2) No candidate, in the furtherance of his or her
candidacy for nomination or election to public office in
any election, shall use any state-owned aircraft or motor
vehicle, as provided in chapter 287, solely for the
purpose of furthering his or her candidacy. However,
in the event a candidate uses any state-owned aircraft
or motor vehicle to conduct official state business and
while on such trip performs any function in the
furtherance of his or her candidacy for nomination or
election to public office in any election, the candidate
shall prorate the expenses incurred and reimburse the
appropriate agency for any trip not exclusively for state
business and shall pay either a prorated share of all
fixed and variable expenses related to the ownership,
operation, and use of such aircraft or one-half of the
total fixed and variable expenses related to the owner
ship, operation, and use of such aircraft, whichever is
greater. The reimbursement shall be made from the
campaign account of the candidate.
(3) A candidate may not, in the furtherance of his or
her candidacy for nomination or election to public office
in any election, use the services of any state, county,
municipal, or district officer or employee during working
hours.
(4) No person shall make and no person shall solicit
or knowingly accept any political contribution in a
building owned by a governmental entity. For purposes
of this subsection, “accept” means to receive a con
tribution by personal hand delivery from a contributor or
the contributor’s agent. This subsection shall not apply
when a government-owned building or any portion
thereof is rented for the specific purpose of holding a
campaign fund raiser.
(5) Any person violating the provisions of this section
commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 73-128; s. 9, ch. 74-200; s. 1, ch. 77-174; s. 54, ch. 77-175;
s. 61, ch. 79-400; s. 31, ch. 81-304; s. 28, ch. 83-217; s. 2, ch. 83-304; s. 16, ch.
91-45; s. 17, ch. 91-107; s. 648, ch. 95-147; s. 2, ch. 97-223; s. 7, ch. 2002-197.
106.16 Limitation on certain rates and charges.
No person or corporation within the state publishing a
newspaper or other periodical or operating a radio or
television station or network of stations in Florida shall
charge one candidate for state or county public office for
political advertising in a county, or for political broad
casts in a county, at a rate in excess of that charged
another political candidate.
History.—s. 16, ch. 73-128; s. 55, ch. 77-175; s. 18, ch. 89-256.
106.161 Air time available at the lowest unit rate.
To the extent permitted by federal law, all broadcast
radio and television stations and all cable television
stations shall make air time available to candidates for
public office at the lowest unit rate.
History.—s. 35, ch. 91-107.
1106.165 Use of closed captioning and descrip
tive narrative in all television broadcasts.—Each
candidate, political party, affiliated party committee, and
political committee must use closed captioning and
descriptive narrative in all television broadcasts regu
lated by the Federal Communications Commission that
are on behalf of, or sponsored by, a candidate, political
party, affiliated party committee, or political committee
or must file a written statement with the qualifying officer
setting forth the reasons for not doing so. Failure to file
this statement with the appropriate qualifying officer
constitutes a violation of the Florida Election Code and
is under the jurisdiction of the Florida Elections Com
mission. The Department of State may adopt rules in
accordance with s. 120.54 which are necessary to
administer this section.
History.—s. 7, ch. 2002-281; s. 71, ch. 2005-277; ss. 21, 30, ch. 2011-6; HJR
7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
Note.—Former s. 98.122.
1106.17 Polls and surveys relating to candida
cies.—Any candidate, political committee, committee of
continuous existence, electioneering communication
organization, affiliated party committee, or state or
county executive committee of a political party may
authorize or conduct a political poll, survey, index, or
measurement of any kind relating to candidacy for
public office so long as the candidate, political commit
tee, committee of continuous existence, electioneering
communication organization, affiliated party committee,
or political party maintains complete jurisdiction over the
poll in all its aspects. State and county executive
committees of a political party or an affiliated party
committee may authorize and conduct political polls for
the purpose of determining the viability of potential
candidates. Such poll results may be shared with
potential candidates, and expenditures incurred by
state and county executive committees or an affiliated
party committee for potential candidate polls are not
contributions to the potential candidates.
History.—s. 17, ch. 73-128; s. 1, ch. 77-174; s. 56, ch. 77-175; s. 32, ch. 81-304;
s. 47, ch. 2007-30; s. 30, ch. 2010-167; ss. 22, 30, ch. 2011-6; s. 68, ch. 2011-40;
HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.18 When a candidate’s name to be omitted
from ballot.—
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
(1) The name of a candidate shall not be printed on
the ballot for an election if the candidate is convicted of
violating s. 106.19.
(2) Any candidate whose name is removed from the
ballot pursuant to subsection (1) is disqualified as a
candidate for office. If the disqualification of such
candidate results in a vacancy in nomination, such
vacancy shall be filled by a person other than such
candidate in the manner provided by law.
(3) No certificate of election shall be granted to any
candidate until all preelection reports required by s.
106.07 have been filed in accordance with the provi
sions of such section. However, no candidate shall be
prevented from receiving a certificate of election for
failure to file any copy of a report required by this
chapter.
History.—s. 18, ch. 73-128; s. 57, ch. 77-175; s. 11, ch. 85-226; s. 37, ch.
90-315; s. 3, ch. 90-338.
106.19 Violations by candidates, persons con
nected with campaigns, and political committees.
(1) Any candidate; campaign manager, campaign
treasurer, or deputy treasurer of any candidate; com
mittee chair, vice chair, campaign treasurer, deputy
treasurer, or other officer of any political committee;
agent or person acting on behalf of any candidate or
political committee; or other person who knowingly and
willfully:
(a) Accepts a contribution in excess of the limits
prescribed by s. 106.08;
(b) Fails to report any contribution required to be
reported by this chapter;
(c) Falsely reports or deliberately fails to include any
information required by this chapter; or
(d) Makes or authorizes any expenditure in violation
of s. 106.11(4) or any other expenditure prohibited by
this chapter;
is guilty of a misdemeanor of the first degree, punish
able as provided in s. 775.082 or s. 775.083.
(2) Any candidate, campaign treasurer, or deputy
treasurer; any chair, vice chair, or other officer of any
political committee; any agent or person acting on
behalf of any candidate or political committee; or any
other person who violates paragraph (1)(a), paragraph
(1)(b), or paragraph (1)(d) shall be subject to a civil
penalty equal to three times the amount involved in the
illegal act. Such penalty may be in addition to the
penalties provided by subsection (1) and shall be paid
into the General Revenue Fund of this state.
(3) A political committee sponsoring a constitutional
amendment proposed by initiative which submits a
petition form gathered by a paid petition circulator
which does not provide the name and address of the
paid petition circulator on the form is subject to the civil
penalties prescribed in s. 106.265.
(4) Except as otherwise expressly stated, the failure
by a candidate to comply with the requirements of this
chapter has no effect upon whether the candidate has
qualified for the office the candidate is seeking.
History.—s. 19, ch. 73-128; s. 57, ch. 77-175; s. 62, ch. 79-400; s. 12, ch.
91-107; s. 649, ch. 95-147; ss. 24, 45, ch. 97-13; s. 8, ch. 2002-197; s. 11, ch.
2006-300; s. 69, ch. 2011-40.
106.191 Signatures gathered for initiative peti
tion; effect of ch. 97-13.—Any signature gathered on
an authorized form for an initiative petition by a paid
petition circulator which has been submitted prior to the
effective date of this act may be kept and counted, if
otherwise valid, and that form is not required to have the
name and address of the paid petition circulator, nor is
any such signature affected by the prohibition against
filing an undue burden oath in lieu of paying the fee to
have signatures verified, as provided by this act.
However, any signature gathered on or after the
effective date of this act is subject to the provisions of
this act and, if payment is made to any person to solicit
signatures after the effective date of this act, an undue
burden oath may not be filed in lieu of paying the fee to
have signatures verified. In addition, any initiative
petition form approved by the Secretary of State prior
to the effective date of this act may continue to be
circulated.
History.—s. 25, ch. 97-13.
106.21 Certificates of election not to be issued
upon conviction.—
(1) If a successful candidate is convicted of violating
s. 106.19(1) prior to the issuance of his or her certificate
of election, such certificate shall not be issued, and a
vacancy shall be declared and filled as provided by law.
(2) If a successful candidate is convicted of violating
s. 106.19(1) subsequent to the issuance of a certificate
of election but prior to taking office, such certificate shall
be rescinded by the issuing body and declared void, and
a vacancy in office shall exist and be filled as provided
by law.
History.—s. 21, ch. 73-128; s. 57, ch. 77-175; s. 650, ch. 95-147.
106.22 Duties of the Division of Elections.—It is
the duty of the Division of Elections to:
(1) Prescribe forms for statements and other infor
mation required to be filed by this chapter. Such forms
shall be furnished by the Department of State or office of
the supervisor of elections to persons required to file
such statements and information with such agency.
(2) Prepare and publish manuals or brochures
setting forth recommended uniform methods of book
keeping and reporting, and including appropriate por
tions of the election code, for use by persons required
by this chapter to file statements.
(3) Develop a filing, coding, and cross-indexing
system consonant with the purposes of this chapter.
(4) Preserve statements and other information re
quired to be filed with the division pursuant to this
chapter for a period of 10 years from date of receipt.
(5) Prepare and publish such reports as it may deem
appropriate.
(6) Make, from time to time, audits and field
investigations with respect to reports and statements
filed under the provisions of this chapter and with
respect to alleged failures to file any report or statement
required under the provisions of this chapter. The
division shall conduct a postelection audit of the
campaign accounts of all candidates receiving contribu
tions from the 1Election Campaign Financing Trust
Fund.
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
(7) Report to the Florida Elections Commission any
failure to file a report or information required by this
chapter or any apparent violation of this chapter.
(8) Employ such personnel or contract for such
services as are necessary to adequately carry out the
intent of this chapter.
(9) Prescribe rules and regulations to carry out the
provisions of this chapter. Such rules shall be pre
scribed pursuant to chapter 120.
(10) Conduct random audits with respect to reports
and statements filed under this chapter and with respect
to alleged failure to file any reports and statements
required under this chapter.
History.—s. 22, ch. 73-128; s. 57, ch. 77-175; s. 13, ch. 79-365; s. 4, ch. 84-254;
s. 3, ch. 86-276; s. 9, ch. 90-338; s. 46, ch. 97-13; s. 7, ch. 2001-75; s. 72, ch.
2005-277.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.23 Powers of the Division of Elections.—
(1) In order to carry out the responsibilities pre
scribed by s. 106.22, the Division of Elections is
empowered to subpoena and bring before its duly
authorized representatives any person in the state, or
any person doing business in the state, or any person
who has filed or is required to have filed any application,
document, papers, or other information with an office or
agency of this state or a political subdivision thereof and
to require the production of any papers, books, or other
records relevant to any investigation, including the
records and accounts of any bank or trust company
doing business in this state. Duly authorized represen
tatives of the division are empowered to administer all
oaths and affirmations in the manner prescribed by law
to witnesses who shall appear before them concerning
any relevant matter. Should any witness fail to respond
to the lawful subpoena of the division or, having
responded, fail to answer all lawful inquiries or to turn
over evidence that has been subpoenaed, the division
may file a complaint before any circuit court of the state
setting up such failure on the part of the witness. On the
filing of such complaint, the court shall take jurisdiction
of the witness and the subject matter of said complaint
and shall direct the witness to respond to all lawful
questions and to produce all documentary evidence in
the witness’s possession which is lawfully demanded.
The failure of any witness to comply with such order of
the court shall constitute a direct and criminal contempt
of court, and the court shall punish said witness
accordingly. However, the refusal by a witness to
answer inquiries or turn over evidence on the basis
that such testimony or material will tend to incriminate
such witness shall not be deemed refusal to comply with
the provisions of this chapter.
1(2) The Division of Elections shall provide advisory
opinions when requested by any supervisor of elections,
candidate, local officer having election-related duties,
political party, affiliated party committee, political com
mittee, committee of continuous existence, or other
person or organization engaged in political activity,
relating to any provisions or possible violations of
Florida election laws with respect to actions such
supervisor, candidate, local officer having election-
related duties, political party, affiliated party committee,
committee, person, or organization has taken or
proposes to take. Requests for advisory opinions
must be submitted in accordance with rules adopted
by the Department of State. A written record of all such
opinions issued by the division, sequentially numbered,
dated, and indexed by subject matter, shall be retained.
A copy shall be sent to said person or organization upon
request. Any such person or organization, acting in
good faith upon such an advisory opinion, shall not be
subject to any criminal penalty provided for in this
chapter. The opinion, until amended or revoked, shall be
binding on any person or organization who sought the
opinion or with reference to whom the opinion was
sought, unless material facts were omitted or misstated
in the request for the advisory opinion.
History.—s. 23, ch. 73-128; s. 3, ch. 76-233; s. 58, ch. 77-175; s. 651, ch.
95-147; s. 47, ch. 97-13; s. 8, ch. 2001-75; ss. 23, 30, ch. 2011-6; HJR 7105, 2011
Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.24 Florida Elections Commission; member
ship; powers; duties.—
(1)(a) There is created within the Department of
Legal Affairs, Office of the Attorney General, a Florida
Elections Commission, hereinafter referred to as the
commission. The commission shall be a separate
budget entity and the agency head for all purposes.
The commission shall not be subject to control, super
vision, or direction by the Department of Legal Affairs or
the Attorney General in the performance of its duties,
including, but not limited to, personnel, purchasing
transactions involving real or personal property, and
budgetary matters.
(b) The commission shall be composed of nine
members. The President of the Senate, the Speaker
of the House of Representatives, the minority leader of
the Senate, and the minority leader of the House of
Representatives shall each provide a list of six nomi
nees to the Governor for initial appointment to the
commission. The Governor may appoint two members
to the commission from each list. If the Governor
refuses to appoint two members from any of the
respective lists, the Governor shall so inform the
nominating officer and the nominating officer shall
submit a new list of six nominees within 30 days. The
new list must contain at least three nominees not
included on the prior nominating list. The ninth commis
sion member, who shall serve as chair of the commis
sion, shall be appointed by the Governor. Each member
of the commission is subject to confirmation by the
Senate. The chair of the commission shall serve for a
maximum term of 4 years, such term to run concurrently
with the term of the appointing Governor and until a
future successor is appointed. Other members of the
commission shall serve for 4-year terms and until their
successors are appointed. An individual who is a
lobbyist at the state or local government level may not
serve as a member of the commission, except that this
prohibition shall not apply to an individual who is a
member of the commission on July 1, 2002, until the
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
expiration of his or her current term. A member of the
commission is prohibited from lobbying state or local
government while he or she is a member of the
commission, except that this prohibition shall not
apply to an individual who is a member of the commis
sion on July 1, 2002, until the expiration of his or her
current term.
(c) As the terms of members expire, excluding the
chair, successors shall be appointed to 4-year terms
and shall serve until their successors are appointed. Six
months prior to the expiration of a commission mem
ber’s term, the ranking officer of the political party in the
respective house originally nominating the commission
member shall submit a list of three nominees to the
Governor. The Governor may appoint one of the listed
nominees to the commission. If no nominee is selected
from the list, the Governor shall so inform the nominat
ing officer, who shall submit a list of three different
nominees to the Governor within 30 days. Vacancies on
the commission shall expeditiously be filled for the
unexpired terms in the same manner.
(d) As the term of the chair of the commission
expires or becomes vacant, a successor shall be
appointed in the manner of the original appointment,
and shall serve for a maximum of 4 years, such term to
run concurrently with the term of the appointing
Governor and until a future successor is appointed.
(e) In no event may any member of the commission
serve more than two full terms. Members of the
commission shall be paid travel and per diem as
provided in s. 112.061 while in performance of their
duties and in traveling to, from, and upon same. Of the
nine members of the commission, no more than five
members shall be from the same political party at any
one time.
(2) No member of the commission shall be a
member of any county, state, or national committee of
a political party; be an officer in any partisan political
club or organization; or hold, or be a candidate for, any
other public office. No person shall be appointed as a
member of the commission who has held an elective
public office or office in a political party within the year
immediately preceding his or her appointment.
(3) The commission shall convene at the call of its
chair or at the request of a majority of the members of
the commission. The presence of five members is
required to constitute a quorum, and the affirmative
vote of the majority of the members present is required
for any action or recommendation by the commission.
The commission may meet in any city of the state.
(4) The commission shall appoint an executive
director, who shall serve under the direction, super
vision, and control of the commission. The executive
director, with the consent of the commission, shall
employ such staff as are necessary to adequately
perform the functions of the commission, within budget
ary limitations. All employees, except the executive
director and attorneys, are subject to part II of chapter
110. The executive director shall serve at the pleasure
of the commission and be subject to part III of chapter
110, except that the commission shall have complete
authority for setting the executive director’s salary.
Attorneys employed by the commission shall be subject
to part V of chapter 110.
(5) Hearings shall be held before the commission,
except that the chair may direct that any hearing be held
before one member of the commission or a panel of less
than the full commission. The commission shall adopt
rules to provide for the filing of a report when hearings
are held by a single commissioner or a panel, which
rules shall prescribe the time for filing the report and the
contents of the report.
(6) There is established in the State Treasury an
Elections Commission Trust Fund to be used by the
Florida Elections Commission in order to carry out its
duties pursuant to ss. 106.24-106.28. The trust fund
may also be used by the Secretary of State, pursuant to
his or her authority under s. 97.012(14), to provide
rewards for information leading to criminal convictions
related to voter registration fraud, voter fraud, and vote
scams.
(7) The commission shall develop a budget request
pursuant to chapter 216 annually. The budget is not
subject to change by the Department of Legal Affairs or
the Attorney General, but it shall be submitted by the
Department of Legal Affairs to the Governor for
transmittal to the Legislature.
(8) The commission is authorized to contract or
consult with appropriate agencies of state government
for such professional assistance as may be needed in
the discharge of its duties.
History.—s. 24, ch. 73-128; s. 10, ch. 74-200; s. 59, ch. 77-175; s. 63, ch.
79-400; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 19, ch. 89-256; s. 36, ch. 89-338; s. 38,
ch. 90-315; ss. 4, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 1, ch. 93-262; s. 652, ch.
95-147; s. 48, ch. 97-13; s. 3, ch. 2002-281; s. 69, ch. 2005-277; s. 32, ch. 2008-95;
s. 5, ch. 2010-16.
106.25 Reports of alleged violations to Florida
Elections Commission; disposition of findings.—
(1) Jurisdiction to investigate and determine viola
tions of this chapter and chapter 104 is vested in the
Florida Elections Commission; however, nothing in this
section limits the jurisdiction of any other officers or
agencies of government empowered by law to investi
gate, act upon, or dispose of alleged violations of this
code.
(2) The commission shall investigate all violations of
this chapter and chapter 104, but only after having
received either a sworn complaint or information
reported to it under this subsection by the Division of
Elections. Such sworn complaint must be based upon
personal information or information other than hearsay.
Any person, other than the division, having information
of any violation of this chapter or chapter 104 shall file a
sworn complaint with the commission. The commission
shall investigate only those alleged violations specifi
cally contained within the sworn complaint. If any
complainant fails to allege all violations that arise from
the facts or allegations alleged in a complaint, the
commission shall be barred from investigating a sub
sequent complaint from such complainant that is based
upon such facts or allegations that were raised or could
have been raised in the first complaint. If the complaint
includes allegations of violations relating to expense
items reimbursed by a candidate, committee, or orga
nization to the campaign account before a sworn
complaint is filed, the commission shall be barred
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
from investigating such allegations. Such sworn com
plaint shall state whether a complaint of the same
violation has been made to any state attorney. Within 5
days after receipt of a sworn complaint, the commission
shall transmit a copy of the complaint to the alleged
violator. The respondent shall have 14 days after receipt
of the complaint to file an initial response, and the
executive director may not determine the legal suffi
ciency of the complaint during that time period. If the
executive director finds that the complaint is legally
sufficient, the respondent shall be notified of such
finding by letter, which sets forth the statutory provisions
alleged to have been violated and the alleged factual
basis that supports the finding. All sworn complaints
alleging violations of the Florida Election Code over
which the commission has jurisdiction shall be filed with
the commission within 2 years after the alleged viola
tions. The period of limitations is tolled on the day a
sworn complaint is filed with the commission. The
complainant may withdraw the sworn complaint at any
time prior to a probable cause hearing if good cause is
shown. Withdrawal shall be requested in writing, signed
by the complainant, and witnessed by a notary public,
stating the facts and circumstances constituting good
cause. The executive director shall prepare a written
recommendation regarding disposition of the request
which shall be given to the commission together with the
request. “Good cause” shall be determined based upon
the legal sufficiency or insufficiency of the complaint to
allege a violation and the reasons given by the
complainant for wishing to withdraw the complaint. If
withdrawal is permitted, the commission must close the
investigation and the case. No further action may be
taken. The complaint will become a public record at the
time of withdrawal.
(3) For the purposes of commission jurisdiction, a
violation shall mean the willful performance of an act
prohibited by this chapter or chapter 104 or the willful
failure to perform an act required by this chapter or
chapter 104. The commission may not by rule deter
mine what constitutes willfulness or further define the
term “willful” for purposes of this chapter or chapter 104.
Willfulness is a determination of fact; however, at the
request of the respondent at any time after probable
cause is found, willfulness may be considered and
determined in an informal hearing before the commis
sion.
(4) The commission shall undertake a preliminary
investigation to determine if the facts alleged in a sworn
complaint or a matter initiated by the division constitute
probable cause to believe that a violation has occurred.
(a) When the investigator’s report is completed, the
executive director shall notify the respondent that the
report is completed and shall send to the respondent a
copy of the investigator’s report. The investigatory file
and main complaint file shall be open for inspection by
the respondent and the respondent’s counsel at that
time, and copies may be obtained at no more than cost.
(b) The respondent shall be given not less than 14
days from the date of mailing of the investigator’s report
to file with the commission a written response to the
investigator’s report. This time period may be shortened
with the consent of the respondent, or without the
consent of the respondent when the passage of time
could reasonably be expected to render moot the
ultimate disposition of the matter by the commission
so long as reasonable notice under the circumstances is
given.
(c) Counsel for the commission shall review the
investigator’s report and shall make a written recom
mendation to the commission for the disposition of the
complaint. If the counsel for the commission recom
mends that the commission find probable cause, the
recommendation shall include a statement of what
charges shall be at issue. A copy of the recommenda
tion shall be furnished to the respondent. The respon
dent shall be given not less than 14 days from the date
of mailing of the recommendation of counsel for the
commission to file with the commission a written
response to the recommendation. This time period
may be shortened with the consent of the respondent,
or without the consent of the respondent when the
passage of time could reasonably be expected to render
moot the ultimate disposition of the matter by the
commission, so long as the recommendation is furn
ished to the respondent within a reasonable period of
time under the circumstances.
(d) The respondent and each complainant, their
counsel, and the counsel for the commission shall be
permitted to attend the hearing at which the probable
cause determination is made. Notice of the hearing shall
be sent to the respondent, each complainant, and
counsel for the commission at least 14 days before
the hearing. This time period may be shortened with the
consent of the respondent, or without the consent of the
respondent when the passage of time could reasonably
be expected to render moot the ultimate disposition of
the matter by the commission, so long as the notice is
furnished within a reasonable period of time under the
circumstances.
(e) The probable cause determination is the conclu
sion of the preliminary investigation. The respondent
and the counsel for the commission shall be permitted to
make brief oral statements in the nature of oral
argument to the commission, based on the investiga
tor’s report, before the probable cause determination.
The commission’s determination shall be based upon
the investigator’s report, the recommendation of coun
sel for the commission, the complaint, and staff
recommendations, as well as any written statements
submitted by the respondent and any oral statements
made at the hearing. No testimony or other evidence will
be accepted at the hearing.
(f) At its meeting to determine probable cause, the
commission may continue its determination to allow
further investigation; may order the issuance of a public
report of its investigation if it finds no probable cause to
believe that there has been a violation of this chapter or
chapter 104, concluding the matter before it; may order
a final, public hearing of the complaint if it finds probable
cause to believe that there has been a violation of this
chapter or chapter 104; or may take such other action as
it deems necessary to resolve the complaint, consistent
with due process of law. In making its determination, the
commission may consider:
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
1. The sufficiency of the evidence against the
respondent, as contained in the investigator’s report;
2. The admissions and other stipulations of the
respondent, if any;
3. The nature and circumstances of the respon
dent’s actions;
4. The expense of further proceedings; and
5. Such other factors as it deems material to its
decision.
If the commission finds probable cause, the commission
shall determine what charges shall be at issue.
(g) If no probable cause is found, the commission
shall dismiss the case and the case shall become a
matter of public record, except as otherwise provided in
this section, together with a written statement of the
findings of the preliminary investigation and a summary
of the facts which the commission shall send to the
complainant and the alleged violator. A finding of no
probable cause by the commission is a full adjudication
of all such matters. The commission may not charge a
respondent in a subsequent complaint alleging viola
tions based upon the same actions, nonactions, or
circumstances wherein the commission found no prob
able cause.
(h) If probable cause is found, the commission shall
so notify the complainant and the alleged violator in
writing. All documents made or received in the disposi
tion of the complaint shall become public records upon a
finding by the commission.
(i)1. Upon a commission finding of probable cause,
the counsel for the commission shall attempt to reach a
consent agreement with the respondent. At any time,
the commission may enter into a consent order with a
respondent without requiring the respondent to admit to
a violation of law within the jurisdiction of the commis
sion.
2. A consent agreement is not binding upon either
party unless and until it is signed by the respondent and
by counsel for the commission upon approval by the
commission.
3. Nothing herein shall be construed to prevent the
commission from entering into a consent agreement
with a respondent prior to a commission finding of
probable cause if a respondent indicates in writing a
desire to enter into negotiations directed towards reach
ing such a consent agreement. Any consent agreement
reached under this subparagraph is subject to the
provisions of subparagraph 2. and shall have the
same force and effect as a consent agreement reached
after the commission finding of probable cause.
(j) If a consent agreement is reached between the
commission and the respondent, counsel for the
commission shall send a copy of the signed agreement
to both complainant and respondent.
In a case where probable cause is found, the commis
sion shall make a preliminary determination to consider
the matter or to refer the matter to the state attorney for
the judicial circuit in which the alleged violation oc
curred. Notwithstanding any other provisions of this
section, the commission may, at its discretion, dismiss
any complaint at any stage of disposition if it determines
that the public interest would not be served by
proceeding further, in which case the commission
shall issue a public report stating with particularity its
reasons for the dismissal.
(5) A person alleged by the Elections Commission to
have committed a violation of this chapter or chapter
104 may elect, as a matter of right, within 30 days after
the date of the filing of the commission’s allegations, to
have a formal administrative hearing conducted by an
administrative law judge in the Division of Administrative
Hearings. The administrative law judge in such pro
ceedings shall enter a final order, which may include the
imposition of civil penalties, subject to appeal as
provided in s. 120.68. If the person does not elect to
have a hearing by an administrative law judge and does
not elect to resolve the complaint by a consent order,
the person is entitled to a formal or informal hearing
conducted before the commission.
(6) It is the duty of a state attorney receiving a
complaint referred by the commission to investigate the
complaint promptly and thoroughly; to undertake such
criminal or civil actions as are justified by law; and to
report to the commission the results of such investiga
tion, the action taken, and the disposition thereof. The
failure or refusal of a state attorney to prosecute or to
initiate action upon a complaint or a referral by the
commission shall not bar further action by the commis
sion under this chapter.
(7) Every sworn complaint filed pursuant to this
chapter with the commission, every investigation and
investigative report or other paper of the commission
with respect to a violation of this chapter or chapter 104,
and every proceeding of the commission with respect to
a violation of this chapter or chapter 104 is confidential,
is exempt from the provisions of ss. 119.07(1) and
286.011, and is exempt from publication in the Florida
Administrative Weekly of any notice or agenda with
respect to any proceeding relating to such violation,
except under the following circumstances:
(a) As provided in subsection (6);
(b) Upon a determination of probable cause or no
probable cause by the commission; or
(c) For proceedings conducted with respect to ap
peals of fines levied by filing officers for the late filing of
reports required by this chapter.
However, a complainant is not bound by the confidenti
ality provisions of this section. In addition, confidentiality
may be waived in writing by the person against whom
the complaint has been filed or the investigation has
been initiated. If a finding of probable cause in a case is
entered within 30 days prior to the date of the election
with respect to which the alleged violation occurred,
such finding and the proceedings and records relating to
such case shall not become public until noon of the day
following such election. When two or more persons are
being investigated by the commission with respect to an
alleged violation of this chapter or chapter 104, the
commission may not publicly enter a finding of probable
cause or no probable cause in the case until a finding of
probable cause or no probable cause for the entire case
has been determined. However, once the confidentiality
of any case has been breached, the person or persons
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
under investigation have the right to waive the con
fidentiality of the case, thereby opening up the proceed
ings and records to the public. Any person who
discloses any information or matter made confidential
by the provisions of this subsection commits a mis
demeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
(8) Any person who files a complaint pursuant to this
section while knowing that the allegations contained in
such complaint are false or without merit commits a
misdemeanor of the first degree, punishable as pro
vided in s. 775.082 or s. 775.083.
(9) The commission shall maintain a database of all
final orders and agency actions. Such database shall be
available to the public and shall be maintained in such a
manner as to be searchable, at a minimum, by issue,
statutes, individuals, or entities referenced.
History.—s. 25, ch. 73-128; s. 11, ch. 74-200; s. 60, ch. 77-175; s. 3, ch. 78-403;
s. 1, ch. 82-46; s. 2, ch. 83-265; s. 39, ch. 84-302; s. 20, ch. 89-256; ss. 5, 14, 15, ch.
90-338; s. 21, ch. 90-360; s. 18, ch. 91-107; s. 5, ch. 91-429; s. 26, ch. 96-406; s. 49,
ch. 97-13; s. 34, ch. 98-129; s. 21, ch. 2004-252; s. 48, ch. 2007-30; s. 16, ch.
2010-167; s. 70, ch. 2011-40.
106.26 Powers of commission; rights and re
sponsibilities of parties; findings by commission.
(1) The commission shall, pursuant to rules adopted
and published in accordance with chapter 120, consider
all sworn complaints filed with it and all matters reported
to it by the Division of Elections. In order to carry out the
responsibilities prescribed by this chapter, the commis
sion is empowered to subpoena and bring before it, or
its duly authorized representatives, any person in the
state, or any person doing business in the state, or any
person who has filed or is required to have filed any
application, document, papers, or other information with
an office or agency of this state or a political subdivision
thereof and to require the production of any papers,
books, or other records relevant to any investigation,
including the records and accounts of any bank or trust
company doing business in this state. Duly authorized
representatives of the commission are empowered to
administer all oaths and affirmations in the manner
prescribed by law to witnesses who shall appear before
them concerning any relevant matter. Should any
witness fail to respond to the lawful subpoena of the
commission or, having responded, fail to answer all
lawful inquiries or to turn over evidence that has been
subpoenaed, the commission may file a complaint in the
circuit court where the witness resides setting up such
failure on the part of the witness. On the filing of such
complaint, the court shall take jurisdiction of the witness
and the subject matter of said complaint and shall direct
the witness to respond to all lawful questions and to
produce all documentary evidence in the witness’s
possession which is lawfully demanded. The failure of
any witness to comply with such order of the court shall
constitute a direct and criminal contempt of court, and
the court shall punish said witness accordingly. How
ever, the refusal by a witness to answer inquiries or turn
over evidence on the basis that such testimony or
material will tend to incriminate such witness shall not
be deemed refusal to comply with the provisions of this
chapter. The sheriffs in the several counties shall make
such service and execute all process or orders when
required by the commission. Sheriffs shall be paid for
these services by the commission as provided for in s.
30.231. Any person who is served with a subpoena to
attend a hearing of the commission also shall be served
with a general statement informing him or her of the
subject matter of the commission’s investigation or
inquiry and a notice that he or she may be accompanied
at the hearing by counsel of his or her own choosing.
(2) All witnesses summoned before the commission,
other than on the request of the subject of a hearing,
shall receive reimbursement for travel expenses and
per diem at the rates provided in s. 112.061. However,
the fact that such reimbursement is not tendered at the
time the subpoena is served shall not excuse the
witness from appearing as directed therein.
(3) Upon request of any person having business
before the commission, and with the approval of a
majority of the commission, the chair or, in the chair’s
absence, the vice chair shall instruct all witnesses to
leave the hearing room and retire to a designated place.
The witness will be instructed by the chair or, in the
chair’s absence, the vice chair not to discuss his or her
testimony or the testimony of any other person with
anyone until the hearing has been adjourned and the
witness discharged by the chair. The witness shall be
further instructed that should any person discuss or
attempt to discuss the matter under investigation with
him or her after receiving such instructions the witness
shall bring such matter to the attention of the commis
sion. No member of the commission or representative
thereof may discuss any matter or matters pertinent to
the subject matter under investigation with witnesses to
be called before the commission from the time that
these instructions are given until the hearing has been
adjourned and the witness discharged by the chair.
(4) The commission, when interrogating witnesses
as provided herein, shall cause a record to be made of
all proceedings in which testimony or other evidence is
demanded or adduced. This record shall include rulings
of the chair, questions of the commission and its
counsel, testimony or responses of witnesses, sworn
written statements submitted to the commission, and all
other pertinent matters. A witness at a hearing, upon his
or her advance request and at his or her own expense,
shall be furnished a certified transcript of all testimony
taken at the hearing.
(5) Before or during a hearing, any person noticed to
appear before the commission, or the person’s counsel,
may file with the commission, for incorporation into the
record of the hearing, sworn written statements relevant
to the purpose, subject matter, and scope of the
commission’s investigation or inquiry. Any such person
shall, however, prior to filing such statement, consent to
answer questions from the commission regarding the
contents of the statement.
(6) Any person whose name is mentioned or who is
otherwise identified during a hearing being conducted
by the commission and who, in the opinion of the
commission, may be adversely affected thereby may,
upon his or her request or upon the request of any
member of the commission, appear personally before
the commission and testify on his or her own behalf or,
with the commission’s consent, file a sworn written
statement of facts or other documentary evidence for
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
incorporation into the record of the hearing. Any such
person shall, however, prior to filing such statement,
consent to answer questions from the commission
regarding the contents of the statement.
(7) Upon the consent of a majority of its members,
the commission may permit any other person to appear
and testify at a hearing or submit a sworn written
statement of facts or other documentary evidence for
incorporation into the record thereof. No request to
appear, appearance, or submission shall limit in any
way the commission’s power of subpoena. Any such
person shall, however, prior to filing such statement,
consent to answer questions from the commission
regarding the contents of the statement.
(8) Any person who appears before the commission
pursuant to this section shall have all the rights,
privileges, and responsibilities of a witness appearing
before a court of competent jurisdiction.
(9) If the commission fails in any material respect to
comply with the requirements of this section, any person
subject to subpoena or subpoena duces tecum who is
injured by such failure shall be relieved of any require
ment to attend the hearing for which the subpoena was
issued or, if present, to testify or produce evidence
therein; and such failure shall be a complete defense in
any proceeding against such person for contempt or
other punishment.
(10) Whoever willfully affirms or swears falsely in
regard to any material matter or thing before the
commission shall be guilty of a felony of the third
degree and punished as provided by s. 775.082, s.
775.083, or s. 775.084.
(11) At the conclusion of its hearings concerning an
alleged violation, the commission shall immediately
begin deliberations on the evidence presented at such
hearings and shall proceed to determine by affirmative
vote of a majority of the members present whether a
violation of this chapter or chapter 104 has occurred.
Such determination shall promptly be made public. The
order shall contain a finding of violation or no violation,
together with brief findings of pertinent facts, and the
assessment of such civil penalties as are permitted by
this chapter or no such assessment and shall bear the
signature or facsimile signature of the chair or vice chair.
(12) The commission by rule may determine viola
tions which constitute minor offenses that can be
resolved without further investigation by means of a
plea of nolo contendere and payment of a fine.
(13) The commission may not issue advisory opinions
and must, in all its deliberations and decisions, adhere
to statutory law and advisory opinions of the division.
History.—s. 26, ch. 73-128; s. 12, ch. 74-200; s. 60, ch. 77-175; s. 4, ch. 78-403;
s. 64, ch. 79-400; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 21, ch. 89-256; ss. 6, 14, 15, ch.
90-338; s. 74, ch. 91-45; s. 5, ch. 91-429; s. 2, ch. 94-170; s. 1396, ch. 95-147; s. 50,
ch. 97-13; s. 35, ch. 98-129; s. 71, ch. 2011-40.
106.265 Civil penalties.—
1(1) The commission or, in cases referred to the
Division of Administrative Hearings pursuant to s.
106.25(5), the administrative law judge is authorized
upon the finding of a violation of this chapter or chapter
104 to impose civil penalties in the form of fines not to
exceed $1,000 per count, or, if applicable, to impose a
civil penalty as provided in s. 104.271 or s. 106.19.
1(2) In determining the amount of such civil penalties,
the commission or administrative law judge shall con
sider, among other mitigating and aggravating circum
stances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omissions;
(c) The appropriateness of such penalty to the
financial resources of the person, political committee,
committee of continuous existence, affiliated party
committee, electioneering communications organiza
tion, or political party; and
(d) Whether the person, political committee, com
mittee of continuous existence, affiliated party commit
tee, electioneering communications organization, or
political party has shown good faith in attempting to
comply with the provisions of this chapter or chapter
104.
1(3) If any person, political committee, committee of
continuous existence, affiliated party committee, elec
tioneering communications organization, or political
party fails or refuses to pay to the commission any
civil penalties assessed pursuant to the provisions of
this section, the commission shall be responsible for
collecting the civil penalties resulting from such action.
(4) Any civil penalty collected pursuant to the provi
sions of this section shall be deposited into the General
Revenue Fund.
(5) Any fine assessed pursuant to this chapter shall
be deposited into the General Revenue Fund.
(6) In any case in which the commission determines
that a person has filed a complaint against another
person with a malicious intent to injure the reputation of
the person complained against by filing the complaint
with knowledge that the complaint contains one or more
false allegations or with reckless disregard for whether
the complaint contains false allegations of fact material
to a violation of this chapter or chapter 104, the
complainant shall be liable for costs and reasonable
attorney’s fees incurred in the defense of the person
complained against, including the costs and reasonable
attorney’s fees incurred in proving entitlement to and the
amount of costs and fees. If the complainant fails to pay
such costs and fees voluntarily within 30 days following
such finding by the commission, the commission shall
forward such information to the Department of Legal
Affairs, which shall bring a civil action in a court of
competent jurisdiction to recover the amount of such
costs and fees awarded by the commission.
History.—s. 61, ch. 77-175; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 4, ch. 86-276; ss.
7, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 51, ch. 97-13; s. 36, ch. 98-129; s. 3, ch.
2000-355; s. 22, ch. 2004-252; ss. 24, 30, ch. 2011-6; s. 72, ch. 2011-40; HJR 7105,
2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.27 Determinations by commission; legal
disposition.—
(1) Criminal proceedings for violations of this chap
ter or chapter 104 may be brought in the appropriate
court of competent jurisdiction. Any such action brought
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
under this chapter or chapter 104 shall be advanced on
the docket of the court in which filed and put ahead of all
other actions.
1(2) Civil actions may be brought by the commission
for relief, including permanent or temporary injunctions,
restraining orders, or any other appropriate order for the
imposition of civil penalties provided by this chapter.
Such civil actions shall be brought by the commission in
the appropriate court of competent jurisdiction, and the
venue shall be in the county in which the alleged
violation occurred or in which the alleged violator or
violators are found, reside, or transact business. Upon a
proper showing that such person, political committee,
committee of continuous existence, affiliated party
committee, or political party has engaged, or is about
to engage, in prohibited acts or practices, a permanent
or temporary injunction, restraining order, or other order
shall be granted without bond by such court, and the civil
fines provided by this chapter may be imposed.
(3) Civil actions may be brought to enjoin temporarily
the issuance of certificates of election to successful
candidates who are alleged to have violated the
provisions of this chapter or chapter 104. Such injunc
tions shall issue upon a showing of probable cause that
such violation has occurred. Such actions shall be
brought in the circuit court for the circuit in which is
located the officer before whom the candidate qualified
for office.
History.—s. 27, ch. 73-128; s. 13, ch. 74-200; s. 62, ch. 77-175; s. 1, ch. 82-46;
s. 2, ch. 83-265; ss. 8, 14, 15, ch. 90-338; s. 5, ch. 91-429; s. 37, ch. 98-129; ss. 25,
30, ch. 2011-6; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.28 Limitation of actions.—Actions for viola
tion of this chapter must be commenced before 2 years
have elapsed from the date of the violation.
History.—s. 28, ch. 73-128; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 22, ch. 89-256; s.
14, ch. 90-338.
1106.29 Reports by political parties and af
filiated party committees; restrictions on contribu
tions and expenditures; penalties.—
(1) The state executive committee and each county
executive committee of each political party and any
affiliated party committee regulated by chapter 103 shall
file regular reports of all contributions received and all
expenditures made by such committee. However, the
reports shall not include contributions and expenditures
that are reported to the Federal Election Commission. In
addition, when a special election is called to fill a
vacancy in office, each state executive committee, each
affiliated party committee, and each county executive
committee making contributions or expenditures to
influence the results of the special election or the
preceding special primary election must file campaign
treasurers’ reports on the dates set by the Department
of State pursuant to s. 100.111. Such reports shall
contain the same information as do reports required of
candidates by s. 106.07 and shall be filed on the 10th
day following the end of each calendar quarter, except
that, during the period from the last day for candidate
qualifying until the general election, such reports shall
be filed on the Friday immediately preceding each
special primary election, special election, primary elec
tion, and general election. In addition to the reports filed
under this section, the state executive committee, each
county executive committee, and each affiliated party
committee shall file a copy of each prior written
acceptance of an in-kind contribution given by the
committee during the preceding calendar quarter as
required under s. 106.08(6). Each state executive
committee and affiliated party committee shall file its
reports with the Division of Elections. Each county
executive committee shall file its reports with the
supervisor of elections in the county in which such
committee exists. Any state or county executive com
mittee or affiliated party committee failing to file a report
on the designated due date shall be subject to a fine as
provided in subsection (3). No separate fine shall be
assessed for failure to file a copy of any report required
by this section.
(2) The chair and treasurer of each state or county
executive committee shall certify as to the correctness
of each report filed by them on behalf of such
committee. The leader and treasurer of each affiliated
party committee under s. 103.092 shall certify as to the
correctness of each report filed by them on behalf of
such committee. Any committee chair, leader, or
treasurer who certifies the correctness of any report
while knowing that such report is incorrect, false, or
incomplete commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(3)(a) Any state or county executive committee or
affiliated party committee failing to file a report on the
designated due date shall be subject to a fine as
provided in paragraph (b) for each late day. The fine
shall be assessed by the filing officer, and the moneys
collected shall be deposited in the General Revenue
Fund.
(b) Upon determining that a report is late, the filing
officer shall immediately notify the chair of the executive
committee or the leader of the affiliated party committee
as defined in s. 103.092 as to the failure to file a report
by the designated due date and that a fine is being
assessed for each late day. The fine shall be $1,000 for
a state executive committee, $1,000 for an affiliated
party committee, and $50 for a county executive
committee, per day for each late day, not to exceed
25 percent of the total receipts or expenditures, which
ever is greater, for the period covered by the late report.
However, if an executive committee or an affiliated party
committee fails to file a report on the Friday immediately
preceding the special election or general election, the
fine shall be $10,000 per day for each day a state
executive committee is late, $10,000 per day for each
day an affiliated party committee is late, and $500 per
day for each day a county executive committee is late.
Upon receipt of the report, the filing officer shall
determine the amount of the fine which is due and
shall notify the chair or leader as defined in s. 103.092.
Notice is deemed complete upon proof of delivery of
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Ch. 106 CAMPAIGN FINANCING F.S. 2011
written notice to the mailing or street address on record
with the filing officer. The filing officer shall determine
the amount of the fine due based upon the earliest of the
following:
1. When the report is actually received by such
officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier
company is dated.
5. When the electronic receipt issued pursuant to s.
106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days
after receipt of the notice of payment due, unless appeal
is made to the Florida Elections Commission pursuant
to paragraph (c). An officer or member of an executive
committee shall not be personally liable for such fine.
(c) The chair of an executive committee or the leader
of an affiliated party committee as defined in s. 103.092
may appeal or dispute the fine, based upon unusual
circumstances surrounding the failure to file on the
designated due date, and may request and shall be
entitled to a hearing before the Florida Elections
Commission, which shall have the authority to waive
the fine in whole or in part. Any such request shall be
made within 20 days after receipt of the notice of
payment due. In such case, the chair of the executive
committee or the leader of the affiliated party committee
as defined in s. 103.092 shall, within the 20-day period,
notify the filing officer in writing of his or her intention to
bring the matter before the commission.
(d) The appropriate filing officer shall notify the
Florida Elections Commission of the repeated late filing
by an executive committee or affiliated party committee,
the failure of an executive committee or affiliated party
committee to file a report after notice, or the failure to
pay the fine imposed.
(4) Any contribution received by a state or county
executive committee or affiliated party committee less
than 5 days before an election shall not be used or
expended in behalf of any candidate, issue, affiliated
party committee, or political party participating in such
election.
(5) No state or county executive committee or
affiliated party committee, in the furtherance of any
candidate or political party, directly or indirectly, shall
give, pay, or expend any money, give or pay anything of
value, authorize any expenditure, or become pecuniarily
liable for any expenditure prohibited by this chapter.
However, the contribution of funds by one executive
committee to another or to established party organiza
tions for legitimate party or campaign purposes is not
prohibited, but all such contributions shall be recorded
and accounted for in the reports of the contributor and
recipient.
(6)(a) The national, state, and county executive
committees of a political party and affiliated party
committees may not contribute to any candidate any
amount in excess of the limits contained in s. 106.08(2),
and all contributions required to be reported under s.
106.08(2) by the national executive committee of a
political party shall be reported by the state executive
committee of that political party.
(b) A violation of the contribution limits contained in
s. 106.08(2) is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. A
civil penalty equal to three times the amount in excess of
the limits contained in s. 106.08(2) shall be assessed
against any executive committee found in violation
thereof.
History.—s. 29, ch. 73-128; s. 14, ch. 74-200; s. 62, ch. 77-175; s. 65, ch.
79-400; ss. 14, 33, ch. 81-304; s. 1, ch. 82-46; s. 13, ch. 82-143; s. 2, ch. 83-265; s.
40, ch. 84-302; s. 23, ch. 89-256; s. 39, ch. 90-315; ss. 10, 14, ch. 90-338; ss. 8, 12,
ch. 91-107; s. 3, ch. 95-140; s. 653, ch. 95-147; s. 8, ch. 97-13; ss. 23, 24, ch.
2004-252; s. 26, ch. 2005-286; s. 2, ch. 2005-360; ss. 26, 30, ch. 2011-6; s. 73, ch.
2011-40; HJR 7105, 2011 Regular Session.
1Note.—Section 30, ch. 2011-6, provides that “[t]his act shall take effect July 1,
2010.” Passed by the Senate and the House of Representatives over the Governor’s
veto March 24, 2011. House Joint Resolution 7105, 2011 Regular Session, provides
that C.S. for C.S. for H.B. 1207, 2010 Regular Session, which became ch. 2011-6, is
effective “upon becoming a law, the veto of the Governor notwithstanding. If any law
amended by this act was also amended by a law enacted during the 2010 Regular
Session, such laws shall be construed as if they had been enacted at the same
session of the Legislature, and full effect shall be given to each if possible.” C.S. for
C.S. for H.B. 1207, 2010 Regular Session, became law on March 24, 2011.
106.295 Leadership fund.—
(1) For purposes of this section:
(a) “Leadership fund” means accounts comprised of
any moneys contributed to a political party, directly or
indirectly, which are designated to be used at the partial
or total discretion of a leader.
(b) “Leader” means the President of the Senate, the
Speaker of the House of Representatives, the majority
leader and the minority leader of each house, and any
person designated by a political caucus of members of
either house to succeed to any such position.
(2) Leadership funds are prohibited in this state. No
leader shall accept any leadership funds.
(3) This section applies to leadership funds in
existence on or after January 1, 1990.
History.—s. 24, ch. 89-256.
106.30 Short title.—Sections 106.30-106.36 may
be cited as the “Florida Election Campaign Financing
Act.”
History.—s. 1, ch. 86-276.
106.31 Legislative intent.—The Legislature finds
that the costs of running an effective campaign for
statewide office have reached a level which tends to
discourage persons from becoming candidates and to
limit the persons who run for such office to those who
are independently wealthy, who are supported by
political committees representing special interests
which are able to generate substantial campaign
contributions, or who must appeal to special interest
groups for campaign contributions. The Legislature
further finds that campaign contributions generated by
such political committees are having a disproportionate
impact vis-a-vis contributions from unaffiliated indivi
duals, which leads to the misperception of government
officials unduly influenced by those special interests to
the detriment of the public interest. Furthermore, it is the
intent of the Legislature that the purpose of public
campaign financing is to make candidates more re
sponsive to the voters of the State of Florida and as
insulated as possible from special interest groups. The
Legislature intends ss. 106.30-106.36 to alleviate these
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F.S. 2011 CAMPAIGN FINANCING Ch. 106
factors, dispel the misperception, and encourage qua
lified persons to seek statewide elective office who
would not, or could not otherwise do so and to protect
the effective competition by a candidate who uses public
funding.
History.—s. 1, ch. 86-276; s. 67, ch. 2001-40.
106.32 1Election Campaign Financing Trust
Fund.—
(1) There is hereby established in the State Treas
ury an 1Election Campaign Financing Trust Fund to be
utilized by the Department of State as provided in ss.
106.30-106.36. If necessary, each year in which a
general election is to be held for the election of the
Governor and Cabinet, additional funds shall be trans
ferred to the 1Election Campaign Financing Trust Fund
from general revenue in an amount sufficient to fund
qualifying candidates pursuant to the provisions of ss.
106.30-106.36.
(2) Proceeds from filing fees pursuant to ss. 99.092,
99.093, and 105.031 shall be deposited into the 1Elec
tion Campaign Financing Trust Fund as designated in
those sections.
(3) Proceeds from assessments pursuant to ss.
106.04, 106.07, and 106.29 shall be deposited into
the 1Election Campaign Financing Trust Fund as
designated in those sections.
History.—s. 1, ch. 86-276; s. 19, ch. 91-107.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.33 Election campaign financing; eligibility.
Each candidate for the office of Governor or member of
the Cabinet who desires to receive contributions from
the 1Election Campaign Financing Trust Fund shall,
upon qualifying for office, file a request for such
contributions with the filing officer on forms provided
by the Division of Elections. If a candidate requesting
contributions from the fund desires to have such funds
distributed by electronic fund transfers, the request shall
include information necessary to implement that proce
dure. For the purposes of ss. 106.30-106.36, candi
dates for Governor and Lieutenant Governor on the
same ticket shall be considered as a single candidate.
To be eligible to receive contributions from the fund, a
candidate may not be an unopposed candidate as
defined in s. 106.011(15) and must:
(1) Agree to abide by the expenditure limits provided
in s. 106.34.
(2)(a) Raise contributions as follows:
1. One hundred fifty thousand dollars for a candi
date for Governor.
2. One hundred thousand dollars for a candidate for
Cabinet office.
(b) Contributions from individuals who at the time of
contributing are not state residents may not be used to
meet the threshold amounts in paragraph (a). For
purposes of this paragraph, any person validly regis
tered to vote in this state shall be considered a state
resident.
(3) Limit loans or contributions from the candidate’s
personal funds to $25,000 and contributions from
national, state, and county executive committees of a
political party to $250,000 in the aggregate, which loans
or contributions shall not qualify for meeting the thresh
old amounts in subsection (2).
(4) Submit to a postelection audit of the campaign
account by the division.
History.—s. 1, ch. 86-276; s. 40, ch. 90-315; s. 20, ch. 91-107; s. 68, ch.
2001-40; s. 47, ch. 2005-278.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.34 Expenditure limits.—
(1) Any candidate for Governor and Lieutenant
Governor or Cabinet officer who requests contributions
from the 1Election Campaign Financing Trust Fund shall
limit his or her total expenditures as follows:
(a) Governor and Lieutenant Governor: $2.00 for
each Florida-registered voter.
(b) Cabinet officer: $1.00 for each Florida-registered
voter.
(2) The expenditure limit for any candidate with
primary election opposition only shall be 60 percent of
the limit provided in subsection (1).
(3) For purposes of this section, “Florida-registered
voter” means a voter who is registered to vote in Florida
as of June 30 of each odd-numbered year. The Division
of Elections shall certify the total number of Florida-
registered voters no later than July 31 of each odd-
numbered year. Such total number shall be calculated
by adding the number of registered voters in each
county as of June 30 in the year of the certification date.
For the 2006 general election, the Division of Elections
shall certify the total number of Florida-registered voters
by July 31, 2005.
(4) For the purposes of this section, the term
“expenditure” does not include the payment of com
pensation for legal and accounting services rendered on
behalf of a candidate.
History.—s. 1, ch. 86-276; s. 41, ch. 90-315; s. 21, ch. 91-107; s. 654, ch.
95-147; s. 48, ch. 2005-278.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.35 Distribution of funds.—
(1) The division shall review each request for con
tributions from the 1Election Campaign Financing Trust
Fund and certify whether the candidate is eligible for
such contributions. Notice of the certification decision
shall be provided to the candidate. An adverse decision
may be appealed to the Florida Elections Commission.
The division shall adopt rules providing a procedure for
such appeals.
(2)(a) Each candidate who has been certified to
receive contributions from the 1Election Campaign
Financing Trust Fund shall be entitled to distribution
of funds as follows:
1. For qualifying matching contributions making up
all or any portion of the threshold amounts specified in s.
106.33(2), distribution shall be on a two-to-one basis.
2. For all other qualifying matching contributions,
distribution shall be on a one-to-one basis.
(b) Qualifying matching contributions are those of
$250 or less from an individual, made after September 1
of the calendar year prior to the election. Any contribu
tion received from an individual who is not a state
resident at the time the contribution is made shall not be
considered a qualifying matching contribution. For
137
Ch. 106 CAMPAIGN FINANCING F.S. 2011
purposes of this paragraph, any person validly regis
tered to vote in this state shall be considered a state
resident. Aggregate contributions from an individual in
excess of $250 will be matched only up to $250. A
contribution from an individual, if made by check, must
be drawn on the personal bank account of the individual
making the contribution, as opposed to any form of
business account, regardless of whether the business
account is for a corporation, partnership, sole proprie
torship, trust, or other form of business arrangement.
For contributions made by check from a personal joint
account, the match shall only be for the individual who
actually signs the check.
(3)(a) Certification and distribution of funds shall be
based on contributions to the candidate reported to the
division for such purpose. The division shall review each
report and verify the amount of funds to be distributed
prior to authorizing the release of funds. The division
may prescribe separate reporting forms for candidates
for Governor and Cabinet officer.
(b) Notwithstanding the provisions of s. 106.11, a
candidate who is eligible for a distribution of funds
based upon qualifying matching contributions received
and certified to the division on the report due on the 4th
day prior to the election, may obligate funds not to
exceed the amount which the campaign treasurer’s
report shows the candidate is eligible to receive from the
1Election Campaign Financing Trust Fund without the
funds actually being on deposit in the campaign
account.
(4) Distribution of funds shall be made beginning on
the 32nd day prior to the primary and every 7 days
thereafter.
(5) The division shall adopt rules providing for the
weekly reports and certification and distribution of funds
pursuant thereto required by this section. Such rules
shall, at a minimum, provide specifications for electro
nically transmitted campaign treasurer’s reports out
lining communication parameters and protocol, data
record formats, and provisions for ensuring security of
data and transmission.
History.—s. 1, ch. 86-276; s. 25, ch. 89-256; s. 42, ch. 90-315; s. 22, ch. 91-107;
s. 69, ch. 2001-40; s. 49, ch. 2007-30; s. 74, ch. 2011-40.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.353 Candidates voluntarily abiding by elec
tion campaign financing limits but not requesting
public funds; irrevocable statement required; pen
alty.—
(1) Not later than qualifying for office, each candi
date for the office of Governor or member of the Cabinet
who has not made a request to receive contributions
from the 1Election Campaign Financing Trust Fund, but
who wishes to voluntarily abide by the applicable
expenditure limit set forth in s. 106.34 and the contribu
tion limits on personal and party funds set forth in s.
106.33, shall file an irrevocable statement to that effect
with the Secretary of State.
(2) Any candidate who files such a statement and
subsequently exceeds such limits shall pay to the
1Election Campaign Financing Trust Fund an amount
equal to the amount of the excess contributions or
expenditures. Such penalty shall not be an allowable
campaign expense and shall be paid from personal
funds of the candidate. However, if a nonparticipating
candidate exceeds the expenditure limit as described in
s. 106.355, a candidate signing the statement pursuant
to this section may exceed the applicable expenditure
limit to the extent the nonparticipating candidate ex
ceeded the limit without being subject to a penalty.
History.—s. 23, ch. 91-107.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.355 Nonparticipating candidate exceeding
limits.—Whenever a candidate for the office of Gover
nor or member of the Cabinet who has elected not to
participate in election campaign financing under the
provisions of ss. 106.30-106.36 exceeds the applicable
expenditure limit provided in s. 106.34, all opposing
candidates participating in such election campaign
financing are, notwithstanding the provisions of s.
106.33 or any other provision requiring adherence to
such limit, released from such expenditure limit to the
extent the nonparticipating candidate exceeded the
limit, are still eligible for matching contributions up to
such limit, and shall not be required to reimburse any
matching funds provided pursuant thereto. In addition,
the Department of State shall, within 7 days after a
request by a participating candidate, provide such
candidate with funds from the 1Election Campaign
Financing Trust Fund equal to the amount by which
the nonparticipating candidate exceeded the expendi
ture limit, not to exceed twice the amount of the
maximum expenditure limits specified in s.
106.34(1)(a) and (b), which funds shall not be consid
ered matching funds.
History.—s. 24, ch. 91-107.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
106.36 Penalties; fines.—In addition to any other
penalties which may be applicable under the election
code, any candidate who receives contributions from the
1Election Campaign Financing Trust Fund and who
exceeds the applicable expenditure limit, except as
authorized in ss. 106.353 and 106.355, or falsely reports
qualifying matching contributions and thereby receives
contributions from the 1Election Campaign Financing
Trust Fund to which the candidate was not entitled shall
be fined an amount equal to three times the amount at
issue, which shall be deposited in the 1Election Cam
paign Financing Trust Fund.
History.—s. 1, ch. 86-276; s. 11, ch. 90-338; s. 25, ch. 91-107; s. 655, ch.
95-147.
1Note.—The trust fund expired, effective November 4, 1996, by operation of s.
19(f), Art. III of the State Constitution.
138
ACCOUNTS
Election campaign treasurers, 106.06
ADMINISTRATIVE HEARINGS, DIVISION OF
Director, 104.2715, 120.56, 120.65
ADVERTISEMENTS AND ADVERTISING
Public policy or vote of public official, advertisements intended to
influence, 106.1437
AGRICULTURE, COMMISSIONER OF
Campaign financing, 106.32, 106.33, 106.34, 106.35
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
AIRCRAFT
Candidate travel on private aircraft, valuation for campaign financing
purposes, 106.055
State aircraft
Candidates for public office, use, 106.15
Charges, 106.15
Limitation on use, 106.15
ALIENS
Voter registration, ineligibility, 98.045
APPELLATE PROCEDURE
Campaign financing violation decisions, 106.03, 106.04, 106.07, 106.0703,
106.29
Election violation decisions, 106.25
Elections laws enforcement actions, priority, 97.012
Voter registration, 97.012, 98.075, 98.0755
APPROPRIATIONS
Elections, campaign financing for statewide offices, 106.32
ASSISTED LIVING FACILITIES
Administrators, 101.655
Residents
Absent electors, 101.655
ATTORNEY GENERAL
Campaign financing, state funds, 106.32, 106.33, 106.34, 106.35
Constitutional amendments or revisions proposed by joint resolutions,
revised ballot title or summary, 101.161
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
Third-party voter registration organization violations, civil actions, 97.0575
ATTORNEYS AT LAW
Campaign financing violation hearings, right to counsel, 106.26
Elections Commission attorneys, 106.24, 106.25
Elections Commission hearings, right to counsel, 106.26
U.S. attorneys, 98.093
ATTORNEYS' FEES
Election complaints, false allegations, 106.265
Political party county executive committee members, wrongful removal
actions, 103.141
AUDITS
Campaign financing reports and statements, 106.22
Index
1
AUDITS (Continued)
Candidates for statewide office, public campaign funding, 106.22, 106.33
Political party executive committees, 103.121
Voting systems, 101.591
BADGES AND INSIGNIA
Poll watchers, 101.131
BIDS
Voting equipment purchases, 101.293
BILLS OF RIGHTS
Voters, 101.031
BOARDS, COMMISSIONS, AND COUNCILS
Constitution Revision Commission, 101.161
Elections
Election Assistance Commission, 97.052, 97.057, 97.058, 98.212
Taxation and Budget Reform Commission, 101.161
BONDS
Validation
Intervention of parties, 100.321
Referendum, contesting validity of, 100.321
BOUNDARIES
Election precincts, 101.001
Polling places or early voting sites, no-solicitation zones, 102.031
BRIBERY
Elections, 102.168, 104.061
Voter registration, interfering with or influencing, 104.012
BUDGETING (STATE)
Financial Impact Estimating Conference, 100.371, 101.161
BUILDINGS (PUBLICLY OWNED)
County buildings
Solicitation of political contributions in, 106.15
Polling places, use as, 101.71
Solicitation of political contributions in, 106.15
State buildings and facilities
Solicitation of political contributions in, 106.15
CABINET
Campaign financing, state funds, 106.32, 106.33, 106.34, 106.35
Contributions solicited for certain charitable organizations, reporting
duties, 106.0701
Election of members, 100.041
Membership on
Elections Canvassing Commission, 102.111
Terms of members, 100.041
CAMPAIGN FINANCING
Accounting records, 106.06
Advisory opinions, 106.23
Appeals of violation decisions, 106.03, 106.04, 106.07, 106.0703, 106.29
Audits, 106.22
Candidate's or spouse's living expenses, campaign funds for, 106.1405
Certificates of deposit, 106.021, 106.06, 106.07, 106.0703, 106.141
Civil actions, relief from violations, 106.25, 106.27, 106.28
Committees of continuous existence, 106.011, 106.022, 106.04, 106.07,
106.08, 106.087
Complaints alleging violations, 106.25, 106.26
Confidential information, 106.25
CAMPAIGN FINANCING (Continued)
Consent agreements involving violations, 106.25
Contributions
Accounting records, 106.06
Affiliated party committees, 106.08
After candidate's election or elimination, 106.141
Assessments on, 106.32
Campaign account withdrawals, 106.021
Campaign treasurer, receipt through, 106.021
Candidate's own funds, 106.021, 106.08, 106.141, 106.33
Cash, 106.09
Certificate of deposit withdrawals, 106.021
Change in office sought, refund offer, 106.021
Charitable organization contributions, 106.08
Checks, 106.09, 106.35
Committees of continuous existence, 106.022, 106.04, 106.07, 106.08
Contributor identification, 106.04, 106.05, 106.07
Day of election or less than 5 days before, return, 106.08
Definition, 106.011
Deposit procedures, 106.05
Electioneering communications organizations, 106.011, 106.022,
106.0703, 106.08
Fund raisers, 106.025
In-kind contributions, 106.055, 106.08, 106.143
In name of another, 106.08
Independent expenditures, 106.011, 106.021, 106.087
Limitations, 106.08, 106.088, 106.29
Nonresidents, 106.33, 106.35
Other candidates, 104.071
Political party executive committees, 106.08, 106.29, 106.33
Qualifying by petition, reimbursement of signature verification fees
from contributions, 99.097
Records, 106.06
Reports
Affiliated party committee, 106.0705, 106.08, 106.29
Candidates or political committees, 106.07, 106.0701, 106.0705
Certificate of deposit or account withdrawals, 106.021
Charitable organization contributions, 106.08
Committees of continuous existence, 106.04, 106.07, 106.0703,
106.0705, 106.08
Election campaign financing contributions, 106.35, 106.36
Electioneering communications organizations, 106.0705
Loan repayments, 106.075
Political committees, 106.07, 106.08, 106.19
Political party executive committees, 106.0705, 106.29
Special election to fill vacancy, 100.111, 106.07
Return, 106.07, 106.0703, 106.08
Separate interest-bearing accounts, deposits and withdrawals, 106.021,
106.06
Solicitation, 102.031, 106.15
Surplus campaign funds, disposition, 106.141
Unlawful acts; penalties
After candidate's withdrawal, defeat, becoming unopposed, or
election, 106.08, 106.141
Index
2
CAMPAIGN FINANCING (Continued)
Contributions (Continued)
Unlawful Acts (Continued)
Cash or cashier's check exceeding $50, 106.09
Contribution restriction violations, 106.08
Contributions through or in name of another, 106.08
Day of election or less than 5 days before, failure to return, 106.08
Exceeding limits, 106.08, 106.087, 106.09, 106.19, 106.21, 106.29
Matching contributions, false reporting, 106.36
Soliciting in public buildings, 106.15
Soliciting near polling places, 102.031
Unopposed candidacy, 106.08, 106.141
Withdrawn candidacy, 106.08, 106.141
Credit cards, 106.04, 106.07, 106.0703, 106.11, 106.125
Criminal prosecution of violations, 106.27, 106.28
Definitions, 106.011
Depositories
Checks, 106.11
Deposit procedures, 106.05
Inspection of account records, 106.07, 106.0703
Petty cash withdrawals, 106.12
Political committees, national depositories, 106.021
Primary campaign depository, 106.021, 106.05, 106.11
Requirement, 106.021
Secondary campaign depositories, 106.021, 106.05
Withdrawal of funds, 106.11, 106.12
Elected officers' office accounts, transfer of surplus campaign funds to,
106.141
Electioneering communications, 106.011, 106.04, 106.071, 106.113,
106.1439
Electioneering communications organizations
Contributions, 106.011, 106.022, 106.0703, 106.08
Definitions, 106.011
Dissolution, 106.03
Expenditures, 106.011, 106.022, 106.0703
Polls and surveys, conducting, 106.17
Registered agent, 106.022, 106.0703
Registered office, 106.022
Registration, 106.03
Reports, 106.0703, 106.0705
Statements of organization, 106.03
Treasurer, 106.0703
Unlawful acts; penalties, 106.0703
Elections Commission investigations and hearings, alleged violations,
106.04, 106.07, 106.25, 106.26
Elections, Division of; powers and duties, generally, 106.22, 106.23,
106.35
Eliminated candidates, funds disposal, 106.141
Expenditures
Accounting records, 106.06
Affiliated party committees, 106.29
Campaign treasurer, making expenditures through, 106.021, 106.07
Candidate's or spouse's living expenses, 106.1405
Candidate's own funds, 106.021
CAMPAIGN FINANCING (Continued)
Expenditures (Continued)
Checks, 106.11
Committees of continuous existence, 106.011, 106.022, 106.04, 106.087
Communications media placements, campaign signs, insurance, and
related expenditures, 106.021, 106.07
Credit cards, 106.07, 106.0703, 106.11, 106.125
Debit cards, 106.11
Electioneering communications or electioneering communications
organizations, 106.011, 106.022, 106.0703, 106.071, 106.113
Exceeding limitations, 106.36
Fund raisers, 106.025
Independent expenditures, 106.011, 106.021, 106.071, 106.087, 106.088
Petty cash funds, 106.12
Political parties, purchases from, 106.08
Political party executive committees, 106.087, 106.29
Public utility services, 106.14
Records, 106.06
Reimbursement, 106.021
Religious, civic, or charitable groups; purchases from, 106.08
Reports, 100.111, 106.04, 106.07, 106.0703, 106.0705, 106.071, 106.29
State funds, 106.32, 106.33, 106.34, 106.35
Unopposed, withdrawn, or eliminated candidates, 106.11
Forms, alternative formats and Internet availability, 97.026
Fund raisers, 106.025
Injunctive relief from violations, 106.27
Inspection of records, 106.04, 106.06, 106.07, 106.0703
Interest-bearing accounts, 106.021, 106.06, 106.07, 106.0703, 106.141
Investigations of alleged violations, 106.07, 106.23, 106.25, 106.26
Judicial office candidates, 105.071, 105.08
Limitation of enforcement actions, 106.25, 106.28
Loans by candidate, reimbursement, 106.11
Loans, reporting, 106.07, 106.0703, 106.075
Notices of violation investigations and hearings, 106.25
Petty cash funds, 106.07, 106.12
Political party executive committees, 106.08, 106.33
Public funding
Appropriations, 106.32
Audits, 106.22, 106.33
Denial, appeal, 106.35
Distributions, 106.35
Election Campaign Financing Act, 106.30
Election Campaign Financing Trust Fund
Audit of candidates receiving funds, 106.22
Deposits
Assessments, 106.32
Candidate filing fees, 106.32
Public financing for statewide office violations, fines and penalties,
106.353, 106.36
State funds, 106.32
Surplus funds, 106.141
Disbursements, 106.32, 106.33, 106.34, 106.35, 106.355, 106.36
Establishment, 106.32
Eligibility, 106.33, 106.35
Index
3
CAMPAIGN FINANCING (Continued)
Public funding (Continued)
Expenditure limitations, 106.34, 106.35, 106.353, 106.355, 106.36
Legislative intent, 106.31
Local governments, restrictions on expending, 106.113
Matching contributions, 106.35, 106.36
Nonparticipating candidates exceeding limits, 106.355
Qualifications for funding, 106.33
Reporting requirements, 106.07, 106.35
Request for funding, procedure, 106.33
Surplus campaign funds, disposition, 106.141
Voluntary abiding by limits without accepting public funds, irrevocable
statement, 106.353
Reports
Affiliated party committees, 106.0705, 106.08, 106.29
Audits, 106.22
Campaign treasurers, 106.04, 106.07, 106.0705
Certification of incorrect, false, or incomplete reports, 106.04, 106.07,
106.29
Committees making contributions or expenditures to influence results,
100.111, 106.07
Committees of continuous existence, 106.04, 106.07, 106.0705
Elected officers, 106.075, 106.141
Electioneering communications organizations, 106.0703, 106.0705
Elections, Division of, 106.22
Electronic filing, 106.07, 106.0705, 106.0706
Expenditures, 100.111, 106.04, 106.07, 106.0703, 106.0705, 106.071,
106.29
Failure to submit reports
Audits, 106.22
Candidates and political committees, 106.07, 106.0701, 106.18,
106.19, 106.21
Committees of continuous existence, 106.04
Contributions solicited for certain charitable organizations, 106.0701
Electioneering communications organizations, 106.0703
Political parties and affiliated party committees, 106.29
Surplus funds, disposition, 106.141
Financial reports, content and filing, 106.04, 106.07, 106.0703,
106.0705, 106.0706
Investigative findings, alleged violations, 106.25
Judicial office candidates, 105.08
Loans, 106.07, 106.0703, 106.075
Political committees, 106.07, 106.0705
Political party executive committees, 106.0705, 106.29
Reimbursement of campaign expenses, 106.021
Special elections or special primary elections, filing dates, 100.111,
106.07
Surplus campaign funds, disposal, 106.141
Transfers of funds, 106.04, 106.07, 106.0703
Unopposed candidates, 106.07
School board candidates, 105.08
Separate interest-bearing accounts, 106.021, 106.06, 106.07, 106.0703,
106.141
State-owned aircraft and vehicles, payment for use, 106.15
CAMPAIGN FINANCING (Continued)
Surplus funds, disposition, 106.141
Travel by candidate upon private aircraft, valuation, 106.055
Treasurers
Accounting records, 106.06
Affiliated party committees, 103.092, 106.0705, 106.088, 106.29
Appointment, 106.021
Candidates, surplus funds disposition, 106.141
Committees of continuous existence, 106.04
Deputy campaign treasurers, 106.021
Duties, generally, 106.021
Electioneering communications organizations, 106.0703
Removal or resignation, 106.021
Replacement, 106.021
Reports, 106.04, 106.07, 106.0703, 106.0705
Unlawful acts; penalties, 106.04, 106.07, 106.0703, 106.19, 106.29
Unlawful acts; penalties
Administrative penalties
Committees of continuous existence, violations, 106.04, 106.087
Electioneering communications organizations, violations, 106.0703
Fines
Constitutional amendment initiative sponsor violations, 106.19,
106.265
Contribution limits, violations, 106.19, 106.29
Electioneering communications organizations, 106.0703
Expenditure violations, 106.087, 106.19, 106.36
Generally, 106.265
Judicial office candidates, violations, 105.071
Reporting violations, 106.04, 106.07, 106.0701, 106.0703,
106.0705, 106.19, 106.29, 106.36
Generally, 106.25, 106.265
Rebates, ineligibility to receive, 106.087
Certificate of election, denial or rescission, 106.18, 106.21
Criminal activities
Campaign treasurers, 106.04, 106.07, 106.0703, 106.19, 106.29
Candidates, failure to file statement of understanding of campaign
financing provisions, 106.023
Committees of continuous existence, 106.04
Complaints containing false allegations, 106.25
Confidential investigative information, disclosing, 106.25
Electioneering communications organizations, 106.0703
Expenditure violations, 106.19
Financial reports, failure to submit, 106.18, 106.19, 106.21
Fund raisers, violations, 106.025
Generally, 106.08, 106.19
Incorrect, false, or incomplete reports; certification, 106.04, 106.07,
106.0703, 106.29
Political party executive committees, 106.29
Speaking at political meetings, paying for privilege of, 106.15
Surplus campaign funds, failure to dispose of, 106.141
Witnesses before Elections Commission, false swearing, 106.26
Expenditure violations, 106.087, 106.19, 106.353, 106.36
False allegations with intent to injure reputation, 106.265
Generally, 106.19, 106.265
Index
4
CAMPAIGN FINANCING (Continued)
Unlawful Acts; penalties (Continued)
Public funding for statewide office, violations, 106.353, 106.36
Removal of candidate from ballot and disqualification, 106.18
Unopposed candidates, funds disposal, 106.141
Withdrawal of candidate, funds disposal, 106.141
CANDIDATES
Advisory opinions, Division of Elections, 106.23
Campaign expenses, reimbursement for, 106.021
Campaign financing provisions, filing of statement of understanding,
106.023
Campaign fund raisers, 106.025
Complaints against, 104.271, 104.2715
Contest of election by unsuccessful candidate, 102.168
Deadline for qualifying, 99.061
Death, 99.092, 100.111
Defeated candidates, return of contributions, 106.08
Definitions, 97.021, 105.011, 106.011
Delegates to national convention, 103.101
Designation of office sought, 106.021
Disclosures
Financial interests, 99.061, 99.063, 105.031
Disqualification, 100.111, 106.18
Donations to political parties or religious, charitable, or civic groups,
106.08
Election Code pamphlets, distribution, 97.025
Endorsements
Joint endorsements, 106.021, 106.087
Judicial office candidates, 105.09
News media, 106.143
Political advertisements, 106.021, 106.143
Political party executive committees, 103.121
Unlawful acts; penalties, 103.121, 105.09, 106.143
False or malicious charges by opponents, complaint procedures, 104.271
False representations of military service, 104.2715
Federal office candidates, 99.021, 99.061, 99.095, 101.6952
Gifts in memory of deceased persons, 106.08
Gubernatorial candidates, 99.063, 101.6952, 106.0701
Independent (no party affiliation) candidates
Absent uniformed services voters or overseas voters, absentee ballot
designation, 101.6952
Apportionment year, signature requirements, 99.09651
Ballots, placing names on, 99.0955, 101.151, 101.2512, 103.021
Generally, 99.0955
Petitioning for qualification, 99.0955, 103.021
Presidential elections, 103.021
Qualification, 99.021
Qualifying fees, 99.0955
Judicial office
Ballot format, 105.041
Campaign contributions and expenses, 105.071, 105.08
Conflicting statutory provisions, 105.10
Definitions, 105.011
Endorsement or support by political party, 105.09
CANDIDATES (Continued)
Judicial office (Continued)
Nonpartisan office, 105.011
Oaths, 105.031
Party affiliation, 105.011, 105.041, 105.071
Petition for qualification, 105.035
Political activity by candidates, limitation, 105.071
Political party or organization activity on behalf of, 105.09
Qualifying dates and fees, 105.031, 105.035
Write-in candidates, 105.031, 105.041
Lieutenant Governor, 99.063, 100.111, 101.6952, 106.0701
Living expenses, defrayal from campaign funds, 106.1405
Loans by candidates, reimbursement, 106.11
Minor party candidates
Apportionment year, signature requirements, 99.09651
Ballots, placing names on, 101.151, 101.2512, 103.021
Generally, 99.096
Petitioning for qualification, 99.096, 103.021, 104.185
Presidential elections, 103.021
Qualifying fees, 99.096
National convention delegates, 103.101
Nomination
Certification, 99.121
Contesting, 102.168
County commissioners, 100.081
County executive committees, endorsements or recommendations,
103.121
President, 103.101
Presidential electors, 103.021, 103.091
Primary elections, 100.061
Special primary elections, 100.102, 100.111
Vacancies in nomination or office, 100.101, 100.111, 100.141
Nonpartisan candidates, placing names on ballots, 101.2512
Oaths
Form of oath, 99.021, 105.031, 876.05
Generally, 99.021
Judicial office, 105.031
Presidential and Vice Presidential write-in candidates, 103.022
Qualifying for nomination or election, 99.021, 99.097, 105.031
School board candidates, 105.031
Officeholders, resign-to-run requirement, 99.012
Opposition by party committees, 103.091
Party assessments
Amount, 99.092, 103.121
Distribution, 103.121
Exemptions, 99.061, 99.095
Payment, 99.061, 99.092
Refund, 106.087
Remission to party executive committees, 99.103, 100.111, 103.121
Vacancy in nomination or office, filling, 100.111
Write-in candidates, 99.061
Petitioning for qualification
Apportionment year, signature requirements, 99.09651
Index
5
CANDIDATES (Continued)
Petitioning for qualification (Continued)
Campaign depositories, designation and filing of name and address,
106.021
Campaign treasurer, appointment, 106.021
Contesting signatures verification, 99.097
Dates, 99.061, 100.111, 105.035
Fraud, investigation and prosecution, 97.012
Generally, 99.095
Groups or districts, candidates in, 99.095, 101.254, 105.035, 106.021
Independent (no party affiliation) candidates, 99.0955, 103.021
Judicial office, 105.031, 105.035
Minor party candidates, 99.096, 103.021
School board candidates, 105.035
Signatures verification, 99.095, 99.097
Signing more than once, 104.185
Special district office candidates, 99.061, 99.095
Special election to fill vacancy in office, 100.111
Vacancy in office, 100.111, 100.141
Political meetings, paying for speaking privilege, 106.15
Political party contributions, 106.08
Poll watchers, designation, 101.131
Polls and surveys, 106.17
President and Vice President, 101.6952, 103.021, 103.022, 103.101
Presidential electors, 103.021, 103.091
Public employees, 99.012, 110.233
Qualifying fees
Amount, 99.092, 99.093, 105.031
Disposition, 99.061, 99.092, 99.093, 99.103
Election assessments, 99.061, 99.092, 99.093, 105.031, 106.141
Exemptions, 99.095
Filing fee, 99.061, 99.092, 105.031
Independent (no party affiliation) candidates, 99.0955
Judicial office, 105.031
Minor party candidates, 99.096
Municipal elections, 99.093
Party assessments, 99.061, 99.092
Payment, 99.061, 99.092
Refund, 99.092, 106.087
School board candidates, 105.031
Signature verification fees, 99.097
State executive committees, remission to, 99.061, 99.103
Vacancy in nomination or office, filling, 100.111
Write-in candidates, 99.061
Qualifying for nomination or election
Campaign depositories, designation, 106.021
Campaign treasurer, appointment, 106.021
Dates, 99.061, 100.111, 101.75, 105.031, 105.035
Federal office candidates, 99.021, 99.061, 99.095
Generally, 99.061
Independent (no party affiliation) candidates, 99.021, 99.0955
Judicial office, 105.031, 105.035
Minor party candidates, 99.096
National convention delegates, 103.101
CANDIDATES (Continued)
Qualifying for nomination or election (Continued)
Noncompliance with campaign financing law, not disqualifying
candidate, 106.19
Nonpartisan candidates, 105.031
Oath, 99.021, 99.097, 105.031
Office of candidacy, designation, 106.021
Political party office, 103.091
Restrictions, 99.012
Review of qualifying papers, 99.061
School board candidates, 105.031, 105.035
Special district office candidates, 99.061, 99.095
Vacancies in nomination, 100.111, 106.18
Vacancies in office, 100.111
Write-in candidates, 99.021, 99.061, 99.0615, 103.022, 105.031
Removal, 100.111
Resign-to-run requirement, public officers, 99.012
School board, 105.031, 105.035, 105.041, 105.051, 105.08
Solicitation of charitable contributions, 106.08
State, county, municipal, or district employees and officers; using services
during working hours, 106.15
State-owned aircraft and vehicles, use, 106.15
Surplus campaign funds, disposition, 106.141
Telephone solicitation, 106.147
Travel on private aircraft, valuation for campaign financing purposes,
106.055
Unlawful acts; penalties
Communications media, unauthorized remuneration, 104.071
Contributions to charitable or civic organizations, 106.08
Gubernatorial candidates, failure to designate running mate, 99.063
Judicial office candidates, 105.071, 105.09
Military service, false representations, 104.2715
News media, unauthorized payments or gifts to, 104.071
Opposing candidates, false or malicious charges of election violations
against, 104.271
Other candidates, unauthorized remuneration, 104.071
Petitions, signature violations, 104.185
Political meetings, paying for speaking privilege, 106.15
Poll-taking or publishing concerns, advocating or opposing candidate for
pay, 104.071
Promises to appoint or secure appointment for another, 104.071
State, county, municipal, or district officers or employees; using services
to further candidacy, 106.15
State-owned aircraft and vehicles, unauthorized use, 106.15
Support by persons or organizations, unauthorized representation of,
106.143
Unopposed candidates, 101.151, 101.252, 106.08
Voting systems and automatic tabulating equipment, preelection inspection
and testing, 101.5612
Withdrawal, 99.092, 100.111, 106.08, 106.141
Write-in candidates
Judicial office, 105.031, 105.041
Oath, requirement, 99.021
Political advertisements, 106.143
Index
6
CANDIDATES (Continued)
Write-in candidates (Continued)
President and Vice President, 103.022
Qualification, 99.021, 99.061, 99.0615, 103.022, 105.031
Qualifying fees, 99.061
Residency requirement, 99.0615
School board candidates, 105.031, 105.041
Voting procedure, 101.5608, 104.19
CAREER SERVICE SYSTEM
Exempt positions
Elections Commission, executive director and attorneys, 106.24
CERTIFICATES
Elections
Certificates of results, 102.071, 102.121, 102.151
CHARITABLE CONTRIBUTIONS
State officers or candidates, acceptance of contributions on behalf of
charitable organizations, 106.0701
CHARITABLE INSTITUTIONS
Candidate surplus campaign funds, donation to, 106.141
CHECKS
Candidates for office, payment of filing fees, 99.061, 105.031
Political campaign contributions, 106.09, 106.35
CHIEF FINANCIAL OFFICER
Campaign financing, 106.32, 106.33, 106.34, 106.35
Candidate petition signature verification, reimbursement of supervisor of
elections for fees waived, 99.097
Election, 100.041
Membership on
Political party state executive committee, 103.091
Term of office, 100.041
CIRCUIT COURT JUDGES
Chief judge
Appointments
County canvassing board, substitute members, 102.141
Recall of municipal or charter county officers, calling special election to
fill vacancies, 100.361
Election contests, powers, 102.168
Merit selection and retention, local option, 101.161, 105.036, 105.102
CIRCUIT COURTS
Appellate review
Voter registration, voter ineligibility determinations, 98.0755
CITIZENSHIP
Electors, 97.041
Voter registration, 97.041, 97.052, 98.075
CIVIL ACTIONS
Campaign financing violations, 106.25, 106.27, 106.28
Constitutional amendments or revisions proposed by joint resolutions,
challenges, 101.161
Political party county executive committee members, wrongful removal,
103.141
Voter registration, 97.012, 97.023, 97.0575
CIVIL RIGHTS
Voting rights, 104.0515
CLEMENCY
Notice to Department of State for voter registration purposes, 98.093
Parole Commission, 98.093
CLERKS OF CIRCUIT COURTS
Election, 98.093, 100.041
Reports
Voters, mental incapacity, 98.093
Terms of office, 100.041
Voter registration, duties, 98.093
COERCION OR DURESS
Elections, interference with voter, 104.061
Public officers and employees, political pressure, 104.310
Voting rights, interference with, 104.0515, 104.061
COLLEGES AND UNIVERSITIES (INDEPENDENT)
Students
Voter registration, 97.052, 97.0583
Voter registration, 97.052, 97.0583
COMMUNITY DEVELOPMENT DISTRICTS
Election costs, payment, 100.011
COMPUTERS
Internet
Canvassing board meetings, notice, 102.141
Charitable organization solicitations by certain state officers or
candidates, disclosure on public website, 106.0701
Election forms, availability on, 97.026
Initiative financial information statements, 100.371
Political advertisements, 106.143
Polling places, change notice, 101.71
Voting equipment testing, notice, 101.5612
State systems
Elections Commission, final orders and agency actions database, 106.25
CONFIDENTIAL INFORMATION
Absentee ballots, record of requests and delivery information, 101.62
Campaign financing information, 106.0706, 106.25
Election violation complaints and investigative information, 106.25
Voter identification information, 97.0585
CONGRESS
Candidates' oath, 99.021
Political party state executive committees, at-large membership, 103.091
Representatives
General election, 99.091
New offices, election for, 99.091
Political party assessments, 103.121
Qualification for election, 99.061
Vacancy in office, 100.101, 100.111
Senators
General election, 99.081, 100.161
Political party assessments, 103.121
Qualification for election, 99.061
Temporary appointment, 100.161
Vacancy in office, 100.161
CONSPIRACY
Election Code violations, 104.091
Index
7
CONSTITUTION (FLORIDA)
Amendment procedure
Elections, 101.161, 101.171
Revision commission, 101.161
Oath to uphold, 97.051
Revision Commission, 101.161
CONSTITUTION REVISION COMMISSION, 101.161
CONSTITUTION (UNITED STATES)
Oath to uphold, 97.051
Presidential electors, 103.051
CONTEMPT
Election investigations, subpoena violations, 106.23, 106.26
CONVENTIONS
Political parties, national convention delegates, 103.091, 103.101
CORRECTIONS, DEPARTMENT OF
Voter registration system maintenance, duties, 98.093
COUNTERFEITING
Voter information cards, 104.013
COUNTIES
Ordinances
Charter county governing board members, terms of office
commencement, 100.041
COUNTY COMMISSIONERS
Appointments
Canvassing board, substitute members, 102.141
Election, 100.041
Nomination, 100.081
Recall petitions and elections (charter counties), 100.361
Term of office, 100.041
COUNTY COURT JUDGES
Canvassing board, chair, 102.141
Merit selection and retention, local option, 101.161, 105.036, 105.101
COUNTY FINANCES
Electioneering communications, restriction on expending for, 106.113
Political advertisements, restriction on expending for, 106.113
COUNTY OFFICERS
Candidates for another office, resignation, 99.012
Election, 100.041
Terms of office, 100.041
COURT COSTS
Voter registration ineligibility determination proceedings, 98.0755
CREDIT CARDS
Electioneering communications organization use, 106.0703
Political campaign use, 106.04, 106.07, 106.0703, 106.11, 106.125
CRIMES
Election violations
Political party officers, violations by, 103.121, 106.29
Employers, acts against employees, 104.081, 448.03, 448.04
Political advertising violations, 106.071
Political party officers, violations by, 103.121, 106.29
Political telephone solicitation violations, 106.1439, 106.147, 106.1475
CRIMINAL PROSECUTION
Campaign financing violations, 106.27
Election violations, 106.27
Index
CRIMINAL PROSECUTION (Continued) ELECTIONS (Continued)
Failure to prosecute, 106.25
Voter registration violations, 106.27
CUSTODIANS
Voting systems, 101.34, 101.341
DEATH
Candidate for office, filing fee refund, 99.092
Electors; effect on absentee ballots, early voted ballots, or mail ballot
election ballots, 101.6103, 101.657, 101.68
Voter lists, purging, 98.045, 98.065, 98.075, 98.093
DEBIT CARDS
Campaign finance expenditures, using, 106.11
DISABILITIES, PERSONS WITH
Absentee ballots, 101.65, 101.661, 101.662, 101.6923
Buildings and facilities accessibility
Polling places, 101.56063, 101.715
Poll worker training program on etiquette and sensitivity issues, 102.014
Voter registration
Offices serving persons with disabilities, 97.021, 97.023, 97.052,
97.053, 97.058
Voting assistance eligibility, notation on voter information card, 97.061
Voting assistance, 101.051, 101.715
Voting, provisional ballots, 101.048, 101.049
Voting systems, voter interface devices, and polling places accessibility,
101.56062, 101.56063, 101.56064, 101.56075, 101.5612, 101.715
DISCRIMINATION
Voting rights, deprivation of or interference with, 104.0515
DRIVER LICENSES
Address change, 97.057
Application
Voter registration information, transfer to voter registration application,
97.057
Examiners, 97.057
Motor voter law, 97.053, 97.057
Offices, voter registration, 97.053, 97.057
Renewal
Voter registration at time of renewal, 97.057
Voter identification, 97.0585
Voter registration, 97.053, 97.057, 97.0585, 98.045
EDUCATION FINANCE
District school fund
Electioneering communications, restriction on expending for, 106.113
Political advertisements, restriction on expending for, 106.113
EDUCATIONAL INSTITUTIONS
Voter registration, 97.052, 97.0583
ELECTION CODE
Citation, 97.011
Definitions, 97.021
Municipal elections, conduct governed by, 100.3605
Pamphlet, distribution, 97.025
ELECTIONS
Absentee ballots and voting
Alteration, 104.0616
Assistance in casting ballot, 101.051, 101.655, 101.661, 104.047
Absentee ballots and voting (Continued)
Assisted living facility residents, 101.655
Cancellation, elector voting in person, 101.69
Canvass of ballots, 101.5614, 101.68, 101.6925, 101.6952, 102.141
Challenge, 101.6104, 101.68
Change of residence to another state, 101.663
Custody of marked ballot envelopes, 101.67, 101.68
Deadline, 101.67
Death of elector, effect, 101.6103, 101.68
Delivery of ballots, 101.62, 101.64, 101.6921, 104.0616
Disabilities, persons with, 101.65, 101.661, 101.662, 101.6923
Duplicate ballots, 101.5614, 102.166
Electronic voting systems, 101.5612, 101.5614, 101.68
Envelopes, 101.6103, 101.64, 101.6921, 101.694
Federal postcard application, 101.694
Federal write-in absentee ballots, 101.5614, 101.6952, 102.166
Forms, alternative formats, 97.026
Identification or certification, voters failing to provide, 101.6921,
101.6923, 101.6925
Inspection of ballots by public, 101.572
Instructions, form, 101.65, 101.6923
Mail ballot elections, 101.6103, 101.6105
Mailing or transmission of ballots, 101.6103, 101.62, 101.694,
101.6952, 101.697
Marksense absentee ballots, 101.151
Nursing home residents, supervised voting, 101.655
Overseas residing citizens
Absentee envelopes, 101.694
Electronic transmission of absentee ballot requests and absentee
ballots, 101.62, 101.6952, 101.697
Emergency situations, absentee voting in, 101.698
Mail ballot elections, 101.6103
Mailing date of ballot, presumption, 101.6952
Mailing of ballots, 101.62
Notice of elections, 100.025
Oath in lieu of voter's certificate, 101.64
Requests for absentee ballots, 101.62, 101.6952, 101.697
Responsible office, 97.012
Voter's instructions, 101.65, 101.6923
Write-in absentee ballots, 101.6951, 101.6952
Overvoted or undervoted races, treatment, 101.5614
Pecuniary or other benefits, offering or receiving in connection with,
104.0616
Precinct-level returns, 98.0981
Precincts of absent electors, tracking, 101.64
Receipt by supervisor, deadline, 101.6103, 101.67
Rejection of ballots, 101.68, 101.69
Requests for ballots, 101.62, 101.6951, 101.697, 104.0616
Signature comparison, review in contest, 102.168
Signature updates for use in verifying, deadline for receipt, 98.077
Uniformed services voters, 97.012, 101.62, 101.64, 101.694, 101.6952
Voter's certificate, 101.64, 101.68, 101.6921
Voting absentee ballots, 101.661
8
Index
ELECTIONS (Continued) ELECTIONS (Continued)
Absentee ballots and voting (Continued)
Voting in person after casting, 101.69, 104.17
Write-in absentee ballots, 101.5614, 101.6951, 101.6952, 102.166
Advisory opinions, Division of Elections, 106.23
Agriculture, Commissioner of, 100.041
Attorney General, 100.041
Ballots
Ballot box
Certificates of results, placement in, 102.071
Concealing, prohibition, 100.011
Defacing, destroying, or removing, 104.22
Opening to count ballots, 101.5614
Placement at polling places, 101.24, 101.5608
Ballot-on-demand technology, 101.151, 101.5612
Candidates' names
Arrangement, 101.151, 103.021
Certification of nominees' names, 99.121
Change of name, 99.061, 105.031
Districts or groups, placement of candidates in, 101.254
General elections, 100.051, 101.151, 101.2512, 103.021
Independent (no party affiliation) candidates, 99.0955, 101.151,
101.2512, 103.021
Judicial office candidates, 105.041
Minor party candidates, 101.151, 101.2512, 103.021
National convention delegates, 103.101
Nonpartisan candidates, 101.2512, 105.041
Political party executive committee candidates, 101.252
Presidential candidates, 103.021, 103.101
Primary elections, 99.063, 101.151, 101.252, 103.101
Removal, campaign finance violations, 106.18
Removal, resign-to-run violations, 99.012
Replacement nominee, 100.111
Unopposed candidates, 101.151, 101.252
Write-in candidates, 99.061
Casting more than one ballot, 101.5611, 101.64, 101.6921, 101.6952,
104.17, 104.18
Changing elector's ballot, 104.21
Constitutional amendments or revisions, 100.371, 101.161, 101.56075
Copies, printing or possession, 104.20
Cost of printing, 101.21
Counting, 101.5614, 101.6103
Destruction or defacing, 104.0615, 104.26
Display or exposure by elector, 104.20
Elector instructions, 101.031, 101.6103
Financial impact statements, 100.371, 101.161
Forms, 101.048, 101.151
Fraudulent ballot, voting or soliciting use, 101.5611, 101.64, 101.6921,
104.16
General elections
Candidates' names, printing on ballot, 100.051, 101.151, 103.021,
105.041
Independent (no party affiliation) candidates, 99.0955, 101.151,
103.021
Ballots (Continued)
General Elections (Continued)
Judicial office, 101.161, 105.036, 105.041
Minor party candidates, 101.151, 103.021
Nonpartisan offices, 105.041
President and Vice President, 101.151, 103.021
Unopposed candidates, 101.151
Grouping candidates for office, 101.254
Identifying marks, placing on ballots, 104.20
Initiatives, 100.371, 101.161
Instructions for obtaining and using, 101.031, 101.6103
Intermingling improper with proper ballots, 104.13
Lost, stolen, destroyed, or misdelivered, 101.43, 101.6103
Marksense ballots, 101.151, 101.5612
Minor party candidates, 101.151, 103.021
Nonpartisan offices and nonpartisan candidates, 105.041
Number required, 101.21
Paper ballots, 101.21, 101.24
President and Vice President, 101.151, 103.021, 103.022, 103.101
Primary elections
Candidates' names, printing on ballot, 101.252, 103.101
Electors, political party affiliation, 101.021
Grouping candidates for office, 101.254
Nonpartisan offices, 105.041
Presidential preference primary, 103.101
Specifications and format, 101.151
Unopposed candidates, 101.252
Printing errors or supply problems, reports, 102.141
Provisional ballots
Canvass of returns, 101.049, 101.5614, 102.141
Challenged voters, 101.048, 101.111
County of residence, change, 101.045
Disabilities, persons with, 101.048, 101.049
Free access system to determine if ballot was counted, 101.048
Generally, 101.048
Marksense ballots, printing at early voting sites, 101.151
Poll-closing time, voting after, 101.049
Recounts, 102.166
Signature of prospective voter, person refusing to execute or file
affidavit, 101.49
Signature updates for use in verifying, deadline for receipt, 98.077
Voters without identification or with unverified identification
numbers, 97.053, 101.043, 101.6925
Voting in person by person requesting absentee ballot, 101.69
Public measures, 101.161
Recall elections, municipalities and charter counties, 100.361
Rejected ballots, 101.048, 101.5608
Removal from polling place, 104.20
Sample ballots, mailing and publication, 101.20
Secret ballots, 101.041, 101.6103
Specifications, content, and format, 101.151
Spoil ballots, replacement limit, 101.5608
Substitute ballots, 101.43
9
ELECTIONS (Continued)
Ballots (Continued)
Test ballots, 101.5612
Translation for language minority groups, statewide ballot issues,
101.2515
Unopposed candidates, 101.151, 101.252
Unused, void, or defective ballots, 101.5614
Write-in candidates
Blank space provided for, 101.151
Casting, handwritten, 104.19
Electronic voting systems, 101.5608
Judicial office, 105.041
Name, printing on ballots, 99.061
President and Vice President, 103.022
School board candidates, 105.041
Canvass of returns
Absentee ballots, 101.5614, 101.68, 101.6925, 101.6952, 102.141
Early voting, 102.141
Electronic voting systems, 101.5614
Federal officers, 102.111, 102.121, 102.131
Generally, 102.141, 102.151
Location, 101.5614, 102.141
Mail ballot elections, 101.6103, 101.6104
Multi-county officers, 102.111
Notice requirement, 102.141
Overvotes and undervotes, 101.5614, 102.166
Preliminary returns, 102.141
Provisional ballots, 101.049, 101.5614, 102.141
Special elections, 100.111
State officers, 102.111, 102.121, 102.131
Canvassing boards (county)
Absentee ballots, canvass procedure, 101.5614, 101.68, 102.141
Absentee ballots, review of signature in contest, 102.168
Audits of voting systems, duties, 101.591
Canvass procedure, 101.5614, 101.68, 102.141
Certificate of results, 102.151
Contests of elections, indispensable party defendant, 102.168
Early voting, duties, 101.657, 102.141
Electronic voting systems, duties, 101.5612, 101.5614
Errors in returns, certification of corrected returns, 102.111
Filing returns, 102.112, 102.141
Mail ballot elections, duties, 101.6103, 101.6104
Malfunction or error reports, 102.141
Membership, 102.141
Misconduct of member as grounds for contesting election, 102.168
Provisional ballots, duties, 101.043, 101.048, 101.049
Recounts or retabulations, 101.591, 102.141, 102.166
Release of results before closing of polls, 101.5614, 101.68
Special election returns, 100.111
Unofficial returns containing counting errors, duties, 102.141
Certificates of election
Campaign violations, withholding or rescission, 106.18, 106.21
Contest, 102.168
Injunction to enjoin issuance, 106.27
Index
10
ELECTIONS (Continued)
Certificates of Elections (Continued)
Issuance, 102.155
Preelection reports, granting prior to filing, 106.18
Prima facie evidence of election, 102.155
Recording, 102.121
Certificates of results, 102.071, 102.121, 102.151
Chief elections officer, 97.012, 98.035
Chief Financial Officer, 100.041
Civil actions
Campaign finance violations, 106.27, 106.28
Enforcement actions, 97.012
Injunction actions, 97.012, 106.27
Mandamus actions, 97.012
Petition signatures verification, contest, 99.097
Political party county executive committee members, wrongful removal,
103.141
Relief from violations, actions for, 106.25, 106.27
Clerks of circuit courts, 98.093, 100.041
Community development districts, 100.011, 190.006, 190.012
Complaints alleging violations, 106.25
Confidential information, 106.25
Consent agreements involving violations, 106.25
Constitutional amendments, 101.161, 101.171
Contesting election
Electronic voting systems, procedure, 102.166
Generally, 102.168
Inspection of absentee ballots by public, 101.572
Judgment of ouster, 102.1682
Legislative elections, 102.171
Petition signatures, contest of verification, 99.097
Pleadings, 102.168
Quo warranto, remedy by, 102.169
Venue, 102.1685
County commissioners
Appropriation to investigate election violations, 104.42
Canvassing board, membership, 102.141
Election and term of office, 100.041
Election districts, approval, 103.091
Nomination, 100.081
Recall petitions and elections (charter counties), 100.361
Special elections, call by commissioners, 100.151
Voting precincts, creation and alteration, 101.001, 101.002
County officers, 99.061, 100.041
Criminal prosecution of violations, 97.012, 106.27
Definitions
Campaign financing, 106.011
Election emergencies, 101.732
Electronic voting systems, 101.5603
Generally, 97.021
Judicial officer elections, 105.011
Voting equipment purchasing, 101.292
Early voting, 98.0981, 101.5613, 101.657, 101.69, 102.031
ELECTIONS (Continued)
Election boards
Appointment, 102.012, 102.014
Canvass of returns, 101.5614, 101.68
Maintenance of order at polls, 102.031
Members, qualifications, 102.012
Release of results before closing of polls, 101.5614, 101.68
Results, posting at polls, 102.071
Vacancies, filling, 102.014
Election Code, 97.011
Election emergencies
Absentee voting by overseas voters, 101.698
Change of polling place, 101.71, 101.74
Definitions, 101.732
Elections Emergency Act, 101.731
Emergency contingency plan, 101.733
Notices, 101.71, 101.733
Rescheduling election, 101.733
Returns filing deadline, determination, 102.112
Suspension or delay of elections, 101.733
Election officials
Assisting electors, 101.051, 101.655
Challenging voters, 101.048, 101.111
Clerks
Appointment, qualifications, and duties, 102.014
Certification of precinct results, 102.071
Challenged voters, duties, 101.111
Election boards, membership, 102.012
Identification of voters, 101.043
Oath of office, 102.012
Persons assisting electors in voting, requirement of oath, 101.051
Recruitment, 102.014
Solicitation at polling places or early voting sites, duties, 102.031
Substitute ballots, 101.43
Training, 102.014
Voter identification, 101.49, 101.5608
Compensation, 102.021, 107.06
Disclosure of elector's vote, 104.23
Elector signature identification, duties, 101.5608
Elector voting in person after receiving absentee ballot, duties, 101.69
Electronic voting systems, duties, 101.5610, 101.5613, 101.5614
Eligibility for appointment, 102.012
Influencing or interfering with ballot voting, 104.051
Inspection of ballots, 101.5610
Inspectors
Appointment, qualifications, and duties, 102.014
Ballots, 101.5608, 102.071
Certification of precinct results, 102.071
Challenged voters, duties, 101.111
Election boards, membership, 102.012
Identification of voters, 101.043
List of electors voting, 101.23
Oath of office, 102.012
Persons assisting electors in voting, requirement of oath, 101.051
Index
11
ELECTIONS (Continued)
Election officials (Continued)
Inspectors (Continued)
Recruitment, 102.014
Training, 102.014
Voter identification, 101.49, 101.5608
Instruction to voters, provision, 101.5608, 101.5611
Maintaining order at polls, 102.031
Misconduct as grounds for election contest, 102.168
Neglect of duty or corrupt practices, 102.168, 104.051
Oath of office, 102.012
Poll opening and closing procedures, 100.011
Poll watchers, 101.111, 101.131, 104.0615, 104.29
Polling place management, 101.71
Qualifications, 102.012
Rejected ballots, duties, 101.5608
Signature of prospective voter in question, 101.49
Staffing shortages or procedural violations by employees or precinct
workers, reports, 102.141
Supervised voting teams, 101.655
Training, 102.014
Travel expenses, 102.021
Unlawful acts; penalties, 101.341, 101.5614, 101.68, 104.051, 104.23,
104.29, 104.32
Vacancy on election day, filling, 102.014
Voting system vendors, employment by, 101.341
Voting systems, 101.34, 101.341
Electors
Age, 97.041, 98.075
Assumed name, use, 104.24
Blind persons, 101.051
Bribery, menace, threat, or corrupt influence of electors, 102.168,
104.061, 104.081, 104.31
Challenge procedure, 101.111
Change of name or legal residence, 97.1031, 101.045, 101.111, 101.663
Citizenship, 97.041, 98.075
Contesting election, 102.168
Death; effect on absentee ballots, early voted ballots, or mail ballot
election ballots, 101.6103, 101.657
Disabilities, electors with, 97.061, 101.048, 101.049, 101.051
Display or exposure of ballot, 104.20
Disqualification, 97.041, 98.075
Failure to vote, registration status, 98.065
Felons, 97.041, 98.045, 98.075, 98.093
Freeholders, 100.241
Illiterate electors, 97.061, 101.051
Judicial elections, eligibility to vote in, 105.061
Mental incapacity, 97.041, 98.075, 98.093
Minor political parties, elector's rights, 103.095
Oath, 97.051, 101.051, 101.49, 101.64
Overseas residing citizens, notice of elections, 100.025
Qualifications, 97.041, 104.0515
Residency, 97.041, 98.075, 101.111
Right to vote, 104.0515
ELECTIONS (Continued)
Electors (Continued)
School board elections, eligibility to vote in, 105.061
Signature on file, updating, 98.077
Total number, certification, 106.34
Electronic voting systems
Absentee ballots, 101.5612, 101.5614, 101.68
Adoption by county commissioners, 101.5604
Audits, 101.591
Ballots
Absentee ballots, 101.5614, 101.68
Canvassing and counting, 101.5614
Damage or error by voter, 101.5606, 101.5608, 101.5614
Inspection before polls open, 101.5610
Instruction for use, 101.5608, 101.5611
Marksense ballots, 101.151, 101.5606, 101.56075, 101.5608, 102.141
Overvotes or undervotes, treatment, 101.5606
Provisional ballots, 101.048, 101.5614
Rejected ballots, 101.5606, 101.5608
Specifications, 101.151
Spoil ballots, replacement limit, 101.5608
Tabulator, placement in, 101.5608
Touchscreen ballots, 102.141
Unused, void, or defective ballots, 101.5614
Write-in candidates, 101.5608
Canvassing board, duties, 101.5612, 101.5614
Computer hardware, 101.015, 102.141, 102.166
Computer software, 101.015, 101.5607, 102.141, 102.166
Contest and recount procedures, 102.166
Definitions, 101.5603
Election officials, 101.5610, 101.5613, 101.5614
Electronic Voting Systems Act, 101.5601
Equipment
Approval, 101.015, 101.5604, 101.5605
Computer hardware, 101.015, 102.141, 102.166
Construction standards, 101.5606
Examination, 101.5605, 101.5613
Inspection and testing prior to election or recount, 101.5612, 102.141
Malfunctions, reports, 102.141
Instructions to voters, 101.5608, 101.5611
Legislative intent, 101.5602
Political party computer expert, presence at testing and vote counting,
101.5612
Polling place, 101.71
Preelection or prerecount inspection and testing, 101.5612, 102.141
Programs and ballots used in testing, custody, 101.5612
Provisionally approved system, 101.015
Punch card type systems, prohibition, 101.56042
Purchase, procurement, and use, 101.5604
Requirement, 101.5604
Requirements for approval, 101.5606
Returns, canvass and post results, 101.5614
Review of system, 101.5607
Secret voting, 101.5606
Index
12
ELECTIONS (Continued)
Electronic voting systems (Continued)
Security guidelines, 101.015, 101.5614
Standards and certification, 101.015, 101.017, 102.166
Tabulation, 101.5604, 101.5606, 101.5612, 101.5614
Transmission of returns, 101.5614
Voting procedure, 101.5608
Write-in candidates, 101.5608
Enforcement of statutory provisions, 97.012
Expenses
Community development districts, 100.011, 190.016
County and state offices, payment, 100.011
Freeholder elections, generally, 100.241
Mail ballot elections, 101.6102
Petition signature challenge, 99.097
Special districts, generally, 100.011
Special election or special primary election, 100.102
Forms
Absentee voter's certificate, 101.64, 101.6921
Absentee voting instructions, 101.65, 101.6923
Alternative formats and Internet availability, 97.026
Campaign financing requests, statewide elections, 106.33
Candidate oath, 99.021, 105.031
Change of name or legal residence of registered elector, 101.045
Declaration to secure assistance, 101.051
Elector affidavit, 101.49
Initiative petitions, 100.371
Precinct register, 98.461
Provisional ballot voter's certificate and affirmation, 101.048
Uniform ballot forms, 101.151
Voter challengers, oath, 101.111
Fraud
Assumed name, use, 104.24
Contest of election, 102.168
Investigations or examinations, 97.012
Records, fraudulent entries, 104.22
Freeholders, 100.241
General elections
Bond referendum combined with, 100.261
Cabinet officer, 100.041
Dates for holding, 100.031
Governor, 100.041
Holding, 100.031
Initiatives, 100.371
Judgment of ouster, 102.1682
Judicial office, 105.051
Legislators, 100.041
Notice, 100.021
Polls, opening and closing time, 100.011
Precinct-level results, 98.0981
President and Vice President, 103.011
State and county officers, 100.041
Tie votes, 100.181
United States Representatives, 99.091
ELECTIONS (Continued)
General Elections (Continued)
United States Senators, 99.081
Winner, determination, 100.181
Write-in candidates, 101.151
Governor
Absent uniformed services voters or overseas voters, absentee ballot
designation, 101.6952
Election and term of office, 100.041, 101.595
Election emergencies, powers, 101.733
Elections Canvassing Commission, member, 102.111
Lieutenant Governor, running jointly, 101.151
Presidential electors, duties, 103.021, 103.051, 103.061
Protested election, revocation of ousted officer's commission, 102.1682
Special elections, 100.111, 100.141
Special investigation officers, appointment, 102.091
United States Senate vacancies, calling election and temporary
appointment, 100.161
Grand jury investigation, alleged violations, 104.43
House of Representatives (state), 100.041, 100.101, 100.111
Initiatives
Financial impact statements, 100.371, 101.161
Financial information statements, 100.371
Judicial selection initiatives, 101.161, 105.036
Petitions
Forms and signatures, validity and verification, 100.371, 105.036
Judicial selection initiatives, 105.036
Paid circulators, use, 106.19
Signatures gathered for, effect of ch. 97-13, Laws of Florida, 106.191
Political committee sponsors, 100.371, 105.036, 106.19
Private property, initiative activity on, 100.371
Procedure for placement on ballot, 100.371
Validity, Supreme Court advisory opinion, 100.371
Investigations, 97.012, 101.58, 102.091, 104.42, 104.43, 106.07, 106.25
Judges
Ballots, 101.161, 105.036, 105.041
Circuit courts and county courts
Direct election or merit selection and retention, local option, 101.161,
105.036
Generally, 105.051
Initiatives for judicial selection, 105.036
Transition provisions, 105.101, 105.102
Unopposed candidates, 105.051
Conflicting statutory provisions, 105.10
Definitions, 105.011
Electors qualified to vote for judges, 105.061
General election, 105.051
Nonpartisan office, 105.011
Primary election, 105.051
Retention elections, 105.041, 105.051
Supreme Court justices, 105.041, 105.051
Law enforcement officers, duties, 102.031, 102.101, 104.11
Legislators, 100.041, 100.101, 100.111
Lieutenant Governor, 101.151, 101.595
Index
13
ELECTIONS (Continued)
National convention delegates, 103.101
Notices
Ballot, publishing, 101.20
Candidates endorsed for nomination by county executive committees,
103.121
Election emergencies, 101.71, 101.733
General election, 100.021
Overseas residing citizens, notice of elections, 100.025
Poll opening time, 100.011
Polling place, change, 101.71
Public officeholders, resignation to qualify for another office, 99.012
Registration, 97.073, 97.1031, 98.065
Rejection of elector's absentee ballot as illegal, 101.68
Special election, 100.141, 100.151
Violation investigations and hearings, 106.25
Voter fraud, penalties, 101.5611
Voting equipment preparation and testing, 101.5612
Voting precincts, change, 101.001
Voting system audits, 101.591
Oaths
Administration and attestation, 101.665
Assistance to electors, persons providing, 101.051
Clerks and inspectors, 102.012
Election board members, 102.012
Elections, Division of; authority of representatives to administer, 106.23
Electors, 97.051, 101.051, 101.49, 101.64
False swearing, 104.011
Military personnel voting absentee ballots, 101.64
Overseas residing citizens voting absentee ballots, 101.64
Voter challengers, 101.111
Petitions, recall elections; municipalities and charter counties, 100.361
Petitions, signature violations, 100.361, 104.185
Poll list, 101.23, 102.071
Poll watchers, 101.111, 101.131, 104.0615, 104.29
Polling places
Accessibility, 101.56063, 101.71, 101.715
Ballot box, 100.011, 101.24, 101.5608, 104.22
Change of location, 97.071, 101.001, 101.71, 101.74
Closing procedure, 100.011
Closing time, voting after, 101.049
Constitutional amendments, availability of copies, 101.171
Distributing political or campaign material near polls, 102.031
Early voting areas or early voting sites, 101.051, 101.131, 101.151,
101.171, 101.657, 101.69, 102.031
Election board preopening duties, 102.012
Emergency relocation, 101.71, 101.74
Law enforcement officers, presence, 102.031, 102.101
Location and physical accommodations, 101.71, 101.715
Maintenance of order, 102.031
Opening and closing hours, 100.011
Persons allowed to vote, 102.031
Polling procedures manual, availability, 102.014
Polling rooms, admission and photography, 102.031
ELECTIONS (Continued)
Polling places (Continued)
Results posted at polls, 102.071
Sample ballots, 101.20
Sign denoting location, 101.71
Site selection standards, 101.715
Soliciting votes, voters, opinions, contributions, or petition signatures at
or near polls, 101.051, 102.031
Voter interface devices for persons with disabilities, accessibility,
101.56062, 101.56075
Precincts
Audits of voting systems, 101.591
Boundaries and boundary changes, 101.001
Change of legal residence, directing elector to another precinct, 101.111
Collocated precincts, 101.71, 102.012
Consolidation of smaller precincts, 101.001
Early voted ballots, tracking, 101.657
Early voting results, reporting, 101.657
Elections results on precinct level, compilation, 98.0981
Electors voting absentee ballots, tracking, 101.64
Mapping, 101.001
Municipal, boundaries, 101.002
Numbering, 101.001
Poll watchers, 101.131
Registration records
Furnishing to precincts, 102.012
Precinct registers, 97.061, 98.461, 101.043, 101.49
Return after polls close, 102.071
Statistical data compilation on precinct level, 98.0981
Preemption by state of election regulations, 97.0115
President and Vice President
Absent uniformed services voters or overseas voters, absentee ballot
designation, 101.6952
Ballots, 101.151, 103.021, 103.022, 103.101
Canvass of election returns, 102.131
Change of residence to another state, effect on voting, 101.663
Date for general election, 103.011
Date for primary election, 103.101
Independent (no party affiliation) candidates, 103.021
Minor political party candidates, 103.021
National convention delegates and alternates, 103.101
Overvotes and undervotes, 101.595
Primary election, 98.0981, 103.101
Vacancies in offices, special election, 100.101
Write-in candidates, 103.022
Presidential electors
Absence from meeting place, 103.061
Canvass of election returns, 102.131
Certification of election, 103.011
Date of election, 103.011
General election ballot, appearance on, 103.021
Meeting, 103.051
Minor political parties, 103.021
Nomination, 103.021, 103.091
Index
14
ELECTIONS (Continued)
Presidential electors (Continued)
Notice of readiness to perform duties, 103.061
Qualifications, 103.021
Special election, 100.101
Travel expenses, 103.071
Vacancy, 100.101, 103.021, 103.061, 103.062
Presidential preference primary, 98.0981, 101.62, 103.101
Presidential Preference Primary Date Selection Committee, 103.101
Primary elections
Absentee ballots, 101.62
Ballot specifications and format, 101.151
County commissioners, nomination, 100.081
Date, 100.061
Electors, political party affiliation, 101.021
Grouping of candidates on ballot, 101.254
Gubernatorial candidates, running without Lieutenant Governor
candidates, 99.063
Judicial office, 105.051
National convention delegates, congressional district level, 103.101
Polls, hours of operation, 100.011
Precinct-level results, 98.0981
Presidential preference, 98.0981, 101.62, 103.101
Returns, filing deadline, 102.112
School board members, 105.051
Special primary elections, 100.101, 100.102, 100.111, 100.141
Tie vote, 100.061
Time, 100.061
Unopposed candidate, 101.252
Vacancies in nomination, 100.111
Property appraisers, 100.041
Public defenders, 100.111
Recall elections, municipalities and charter counties, 100.361
Records
Committees of continuous existence, 106.04
Contributions and expenses, 106.06
Elections Commission hearings, 106.26
Electronic tabulation devices, preelection testing records, 101.5612
Retention period, 98.015
Stealing, destroying, or making fraudulent entries, 104.22
Representatives (state), 100.041, 100.101, 100.111
Resign-to-run requirement, public officers, 99.012
Results
Absentee ballots, 101.68, 102.141
Canvassing Commission, duties, 100.111, 100.191, 102.111, 102.121,
102.131, 102.141
Certificates, 102.071, 102.121, 102.151
Certification by county canvassing boards, 102.141, 102.151
Certification by federal and state officers, 102.121, 102.131
Count watchers, denial of privilege or interference with, 104.29
Early release, 101.6103, 101.657, 101.68
False or irregular returns, certification, 102.131
Filing deadlines, 102.112, 102.141
Fraudulent entry or alteration of record tally sheets, 104.22
ELECTIONS (Continued)
Results (Continued)
Judicial nonpartisan elections, 105.051
Posting results, 101.5614, 102.071
Precinct-level results, 98.0981
Recounts or retabulations, 101.591, 102.141, 102.166
Release before closing of polls, 101.5614, 101.68
State, Department of; duties, 100.351, 102.112, 102.151
Supervisor of elections, transmission by, 102.151
Tabulation of votes, 101.5614, 102.071
Right to vote, 104.0515
Senators (state), 100.041, 100.101, 100.111
Sheriffs
Compensation of deputies, 102.021
Duties, generally, 102.091
Election and term of office, 100.041
Entry to polling places or polling rooms, limitation, 102.101
Maintenance of order, 102.031
Neglect of duties, 104.11
Notice of general election, posting, 100.021
Refusal to assist sheriff or deputy at polls, 104.101
Training for deputies, 102.014
Special elections
Applicable statutory provisions, 100.191
Bond issue combined with special election, 100.261
Campaign financing reports, 106.29
Canvass of returns and declaration of nominees, 100.111
County commissioners, call by, 100.151
Date, 100.101, 100.111, 100.141
Governor, call by, 100.111, 100.141
Municipal governing authority, call by, 100.151
Notice, 100.141, 100.151
Polls, hours of operation, 100.011
Precinct-level results, 98.0981
Recall elections, municipalities and charter counties, 100.361
Registration books, availability, 100.151
Return of results, 100.111
State reimbursement of counties, 100.102
Vacancies, filling, 100.101, 100.102, 100.111, 100.141
State attorneys, 100.111
State, Department of
Absentee ballots, alternative formats, 101.662
Ballot specifications, 101.151, 103.101
Candidate filing fees, disposition, 99.103, 105.031
Candidates qualifying for election, report, 99.092
Certificates of election, recording, 102.121
Constitutional amendments or revisions, 101.161, 101.171
Deputies to examine registration and election processes, 101.58
Election Code pamphlets, distribution, 97.025
Electronic voting systems
Approval, 101.5605, 101.5606
County voting systems, compliance review, 101.5607
Examination, 101.5605
Index
15
ELECTIONS (Continued)
State, Department of (Continued)
Electronic Voting Systems (Continued)
Performance report, preparation, 101.595
Rulemaking authority, 101.015, 101.5608, 102.166
Software development, 101.5607
Unofficial returns containing counting errors, tabulation software
verification, 102.141
Voting system information, maintenance, 101.5607
Examination of election and registration processes, deputies for, 101.58
Forms, Internet availability, 97.026
Minor political parties, duties, 103.095
Nominees, certification, 99.061, 99.121
Notice of elections, publication, 100.021, 100.141
Overvote and undervote identification and sorting hardware and
software, certification, 102.166
Political party executive committee filings, 103.101, 103.121
Poll worker training program, development, 102.014
Precinct-level election results and book closing statistics, public
availability, 98.0981
Premises, records, equipment, and staff of supervisor of elections; access
by employees, 101.58
Presidential electors, certification, 103.011
Results of election, duties, 100.351, 102.112, 102.151
Special elections, duties, 100.102, 100.111, 100.141
Statistical information, furnishing, 98.212
Uniform polling place procedures manual, duties, 102.014
Voting equipment, certification for use, 101.294
Voting history information reports, 98.0981
Voting system performance reports, preparation, 101.595
State preemption of election regulations, 97.0115
State, Secretary of; duties
Circuit and county court judges, method of selection, 105.036
Directions and opinions to supervisors of elections, 97.012
Elections Commission Trust Fund, provision of rewards, 106.24
Generally, 97.012
Precincts altered or established, waiver of boundary requirements,
101.001
Premises, records, equipment, and staff of supervisors of elections;
access, 101.58
Presidential preference primaries, 103.101
Recounts in federal, state, or multicounty races, 102.141, 102.166
Voter registration, 97.012, 97.0575, 98.035, 106.24
Statistical information, furnishing, 98.212
Supreme Court justices, 105.041, 105.051
Tax collectors, 100.041
Time limitation for filing complaints of violations, 106.25
Unlawful acts; penalties
Aiding, abetting, advising, or conspiring violations, 104.091
Ballots
Absentee ballots, 104.0616, 104.17
Ballot boxes; defacing, destroying, or removing, 104.22
Casting more than one ballot, 101.5611, 101.64, 101.6921, 104.17,
104.18
ELECTIONS (Continued)
Unlawful acts; penalties (Continued)
Ballots (Continued)
Changing elector's ballot, 104.21
Copies prepared to be voted, printing or possessing, 104.20
Counting, refusal to allow watchers, 104.29
Defacing or destroying ballot, 104.0615, 104.26
Delaying or obstructing delivery, 104.0615
Display or exposure by elector, 104.20
Fraudulent ballot, voting or attempting to vote, 101.5611, 101.64,
101.6921, 104.16
Identifying marks, placing on ballots, 104.20
Improper ballots, placing in ballot box or intermingling with proper
ballots, 104.13
Record tally sheets and returns; altering, destroying, or stealing,
104.22
Removal from polling place, 104.20
Write-in ballots, casting other than in handwriting, 104.19
Challenges to right to vote, frivolous filing, 101.111
Community development districts, failure to pay election expenses,
100.011
Complaints containing false allegations, 106.25
Confidential investigative information, disclosure, 106.25
Election officials, 101.341, 104.051, 104.0615, 104.23, 104.29, 104.32
False allegations with intent to injure reputation, 106.265
Generally, 104.41, 106.265
Law enforcement officers, neglect of duty, 104.11
Law enforcement officers, refusal to assist, 104.101
Mail ballot election results, early release, 101.6103
Municipal recall elections, 100.361
Oath, false swearing to, 104.011
Petitions, signature violations, 100.361, 104.185
Political party officers, 103.121, 106.29
Poll-taking or publishing concerns, advocating or opposing candidate for
pay, 104.071
Public officers and employees, political activities, 104.31, 110.233
Results, release before closing of polls, 101.5614, 101.6103, 101.68
Soliciting votes, voters, opinions, contributions, or petition signatures at
or near polling places or early voting sites, 101.051, 102.031
Special districts, failure to pay election expenses, 100.011
Supervisors of elections, 104.051, 104.32
Voter information card; destruction, sale, or unauthorized use, 104.013
Voting
Absentee and in-person ballots by same elector, 104.17
Assistance, false declaration for, 104.031
Assisting elector in voting booth, unauthorized persons, 101.051
Assumed name, use, 104.24
Buying votes, 104.061
Carrying items into voting booth, 104.19
Casting more than one ballot, 101.5611, 101.64, 101.6921, 104.17,
104.18
Changing elector's vote, 104.21
Denial of right to vote, 104.0515, 104.0615
Disclosure of elector's vote, 104.20, 104.23
Index
16
ELECTIONS (Continued)
Unlawful acts; penalties (Continued)
Voting (Continued)
Employers, discharging or threatening to discharge employees for
voting, 104.081
Fraud in casting vote, 101.5611, 101.64, 104.041, 104.16, 104.24
Interference with free exercise of right to vote, 104.0515, 104.061,
104.0615
Selling vote, 104.045
Soliciting voters at or near polling places or early voting sites,
101.051, 102.031
Stickers or rubber stamps, use on ballot, 104.19
Threats to influence voter, 104.061, 104.0615, 104.081, 104.31
Unqualified elector, voting by, 104.15
Write-in ballot in other than handwriting, 104.19
Voting booths or compartments; defacing, destroying, or removal,
104.26
Voting equipment or voting systems, 101.295, 101.341, 104.30
Vacancies in office
Elective offices not filled by appointment, 100.111
Legislature, 100.101, 100.111
Presidential electors, 100.101, 103.021, 103.061, 103.062
Recall elections, municipalities and charter counties, 100.361
Special elections, 100.101, 100.102, 100.111, 100.141
U.S. House of Representatives, 100.101, 100.111
U.S. Senate, 100.161
Voting
Assistance, 97.061, 101.051, 101.655, 104.031
Buying votes, 104.061
Carrying mechanical devices, memoranda, or papers into voting booth,
104.19
Casting more than one ballot, 101.5611, 101.64, 101.6921, 101.6952,
104.17, 104.18
Challenging voters, 101.048, 101.111, 104.0615
Changing elector's vote, 104.21
Deprivation of voting rights, 104.0515
Disabilities, persons with, 101.048, 101.049, 101.56062, 101.56063,
101.56064, 101.56075, 101.5612, 101.715
Disclosure of elector's vote, 104.23
District, 101.045
Early voting, 98.0981, 101.5613, 101.657, 101.69, 102.031
Educational programs, 98.255
Employers, discharging or threatening to discharge employees for
voting, 104.081
Fraud
Absentee ballots, 101.64, 101.6921
Assumed name, use, 104.24
Criminal prosecution of violations, 97.012
Election fraud education, 97.012
Fraudulent ballot, voting, 104.16
Investigations, 97.012
Notice to voters, 101.5611, 101.64
Penalties, 101.5611, 101.64, 104.041, 104.16, 104.24
Reward for information leading to conviction, 106.24
ELECTIONS (Continued)
Voting (Continued)
Fraud (Continued)
State, Secretary of; duties, 97.012
Voter fraud hotline, 97.012
Freeholder, 100.241
Help America Vote Act of 2002, procedures on complaints of violations,
97.028
History of voting, 98.0981
Identification of electors
Absentee voters, 101.6925
Confidentiality of identifying information, 97.0585
Early voting, 101.657
Generally, 101.043
Mail-registered first-time voters, 97.052, 97.0535
Signature of voter, 97.0585, 101.043, 101.49
Instructions to elector, 101.031, 101.048, 101.6103
Interference with voting, 101.71, 104.0515, 104.061, 104.0615
Legal residence change, procedure, 101.045, 101.111, 101.663
Marksense ballots, use of marking devices, 101.56075
Name change, procedure, 101.045
Overvotes and undervotes, 101.5606, 101.5614, 101.595, 102.166
Poll list of electors, 101.23, 102.071
Poll watchers, 101.131
Precincts, 101.045
Provisional ballots, 101.045, 101.048, 101.69
Right to vote, 104.0515
Secret vote, 101.041, 101.5606
Selling votes, 104.045
Signature identification, 101.5608
Soliciting votes near polls, 102.031
Stickers or rubber stamps, use in casting ballot, 104.19
Supervision, 101.58
Threats to influence voter, use, 104.061, 104.0615, 104.081, 104.31
Time polls open and close, 100.011
Unqualified elector, voting by, 104.15
Voter Protection Act, 104.0615
Write-in candidates, 101.5608, 104.19
Voting booths, 101.051, 101.51, 101.71, 104.19, 104.26
Voting systems and equipment
Acquisition, 101.293, 101.294, 101.295
Audits, 101.5911
Custodians, 101.34, 101.341
Definitions, 101.292
Disabilities, persons with; voting systems and accessibility, 101.56062,
101.56075
Election officials, 101.34, 101.341
Inspection and testing, 101.5612, 101.58, 102.141
Keys, 104.30
Malfunctions, reports, 102.141
Possession, unauthorized, 104.30
Purchase, use, and sale standards, 101.293, 101.294
Standards and certification, 101.017, 101.294
Tampering, 104.30
Index
17
ELECTIONS (Continued)
Voting systems and equipment (Continued)
Uncertified voting systems, 101.294, 101.295
Vendors, 101.294, 101.295, 101.341
Witnesses, election violations, 104.39
ELECTIONS CANVASSING COMMISSION
Certifying election results, 102.111, 102.121
Contests of elections, indispensable party defendant, 102.168
Deadline for filing returns, setting, 102.112
False or irregular returns, duties, 102.131
Membership, 102.111
Recounts, duties, 102.141
Rulemaking authority, 101.698
Special election returns, 100.111, 100.191
ELECTIONS COMMISSION
Budget, 106.24
Campaign financing contributions denial, appeal, 106.35
Campaign financing violations, duties, 106.04, 106.07, 106.0703, 106.25,
106.26, 106.265, 106.29
Campaign treasurers' accounts, inspection, 106.06
Complaints, 104.271, 104.2715, 106.25
Confidentiality of complaints and proceedings, waiver, 106.25
Consent orders, 106.25
Creation, 106.24
Election violations, duties, 106.25, 106.26, 106.265
Executive director, 106.24, 106.25
Final orders and agency actions database, maintenance, 106.25
Hearings
Campaign financing violations, 106.04, 106.07, 106.0703, 106.25,
106.26, 106.29
Election violations, 106.25, 106.26
False or malicious charges against opponents, 104.271
False representation of military service by candidates, expedited
hearings, 104.2715
Single commissioner or partial panel, hearings before, 106.24
Voter registration violations, 106.25, 106.26
Jurisdiction, 106.165, 106.25
Meetings, 106.24
Membership, 106.24
Oaths, authority to administer, 106.26
Penalties, assessment, 104.2715, 106.26, 106.265
Powers and duties, 106.25, 106.26
Quorum and voting, 106.24
Rulemaking authority, 104.271, 104.2715, 106.24, 106.26
Service of process and orders, 106.26
Staff, 106.24
Subpoena power, 106.26
Trust Fund, 99.092, 99.093, 105.031, 106.24
Voter registration violations, duties, 106.25, 106.26, 106.265
ELECTIONS, DIVISION OF
Campaign depository records, inspection, 106.07, 106.0703
Campaign financing, powers and duties; generally, 106.22, 106.23, 106.33,
106.35
Campaign reports, electronic filing system, 106.0705
ELECTIONS, DIVISION OF (Continued)
Campaign treasurers' accounts, inspection, 106.06
Candidate petitions for qualification, duties, 99.095
Committees of continuous existence, duties, 106.04
County canvassing boards, reports to, 102.141
Elections Canvassing Commission, staff services for, 102.111
Initiative petition duties, 100.371
Investigations, 106.23
Judicial office candidates, duties, 105.031, 105.035
Oaths, authority to administer, 106.23
Poll watcher forms, duties, 101.131
Poll worker training curriculum, development, 102.014
Registered voters, certification of total number, 106.34
Rulemaking authority
Campaign financing, 106.04, 106.35
Campaign reports, electronic filing, 106.0705
Committees of continuous existence, revocation of certification, 106.04
Elections emergency contingency plan, 101.733
Generally, 106.22
Political committees or electioneering communications organizations,
dissolution, 106.03
Political parties and minor political parties, filings cancellation, 103.095
Voter registration by third-party organizations, 97.0575
Voting equipment, 101.294
School board candidates, duties, 105.035
Subpoena power, 106.23
Telephone solicitor registered agent forms, duties, 106.1475
Third-party voter registration organizations, duties, 97.0575
Voter registration applications or changes, acceptance, 97.053
Voting equipment purchase, use, and sale; duties, 101.293, 101.294
Voting Systems Certification, Bureau of, 101.017
Voting systems, duties, 101.015
ELECTIONS, SUPERVISORS OF
Absentee ballots, 101.62, 101.64, 101.6921, 101.6925, 101.6952, 101.697
Ballots
Absentee ballots, duties, 101.62, 101.64, 101.6921, 101.6925, 101.6952,
101.697
Box, duty to furnish, 101.24, 101.5608
Box, sealing and delivery to counting location, 101.5614
Candidates' names, placement, 101.2512
Illegal absentee ballots, notice to electors, 101.68
Inspection by public, duties, 101.572
Mail ballot elections, duties, 101.6103
Printing, 100.051, 101.21
Provisional ballots, duties, 101.048, 101.049
Sample ballot, publishing, 101.20
Candidate filing fees, duties, 105.031
Candidate list, submission to Department of State, 99.092
Certificates of election, issuance, 102.155
Challenging voters, duties, 101.111
Community development district elections, duties, 100.011
Compensation
Payment by county, 98.015
Index
18
ELECTIONS, SUPERVISORS OF (Continued)
Constitutional amendments, availability at polling rooms or early voting
areas, 101.171
County canvassing boards, members, 102.141
County voting system filings, duties, 102.141
Delivery of registration books to successor, refusal, 104.32
Deputy supervisors, 98.015, 101.5614, 101.665, 101.68
Duties, generally, 98.015
Early voting, duties, 101.657
Election, 98.015
Election boards, appointment, 102.012, 102.014
Election clerks, inspectors, and deputy sheriffs; training and certification,
102.014
Election Code pamphlets, distribution, 97.025
Election districts, provision, 103.091
Electronic voting systems, use of provisionally approved system, 101.015
Independent (no party affiliation) candidates, duties, 99.0955
Influencing or interfering with ballot voting, 104.051
Initiative petitions, duties, 100.371, 105.036
Judicial office candidates, duties, 105.035
Mail ballot elections, duties, 101.6102, 101.6103
Mail-registered voters, notification of identification requirements, 97.0535
Malfunction or error reports, 102.141
Materials retention or destruction, 101.545
Municipal elections, duties, 101.002
Nominees, certification from Department of State, 99.121
Oath, 98.015
Oaths, authority to administer, 101.665
Office hours, 98.015
Overvotes and undervotes, reports, 101.595
Petition signatures, verification, 99.095, 99.097, 103.021, 105.035
Petitions, retention period, 99.097
Poll watchers, 101.131
Pollworker recruitment and training, duties, 102.014
Precinct boundary changes, 101.001
Precinct collocation duties, 101.71, 102.012
Recall petitions in municipalities and charter counties, signature
verification, 100.361
Results, release before closing of polls, 101.5614, 101.68
Results, transmission, 102.151
School board elections, duties, 105.035, 1001.362, 1001.364
Seal, 98.015
Security procedures, 101.015
Solicitation at polling places or early voting sites, duties, 102.031
Special district elections, duties, 100.011
Special elections, notice, 100.141, 100.151
State, Secretary of; directions and opinions from, 97.012
Statistical information, furnishing, 98.212
Supervised voting for assisted living facility and nursing home residents,
duties, 101.655
Third-party voter registration organizations, duties, 97.0575
Uniform polling place procedures manual, availability to precincts, 102.014
Unlawful acts; penalties
Interfering with or influencing voter, 104.051
ELECTIONS, SUPERVISORS OF (Continued)
Unlawful acts; penalties (Continued)
Release of election results before closing of polls, 101.5614, 101.68
Voter registration records, refusal to deliver to successor, 104.32
Voter educational programs, duties, 98.255
Voter's Bill of Rights and Responsibilities, posting at each polling place,
101.031
Voting equipment testing, notices, 101.5612
Voting systems, custodian, 101.34
Write-in voting, duties, 101.5608
ELECTRONIC MAIL
Absentee ballot requests and absentee ballots for absent uniformed services
voters and overseas voters, 101.62, 101.6952
EMERGENCIES
Voting equipment purchases, 101.293
EMERGENCY MANAGEMENT
Definitions, 101.732
Governor
Elections; suspension, delay, or rescheduling, 101.733
ESTIMATING CONFERENCES
Financial Impact Estimating Conference, 100.371, 101.161
ETHICS IN GOVERNMENT
Candidates for public office
Financial interests, disclosure, 99.061, 99.063, 105.031
Disclosure
Financial interests, generally, 99.061
EVIDENCE
Bond referenda results, 100.291
Presumptions
Absentee ballots from absent uniformed services and overseas voters, date
of mailing, 101.6952
Constitutional amendments or revisions proposed by joint resolutions,
101.161
Voter registration, 92.295, 97.0575
FACSIMILE TRANSMISSIONS (FAX)
Absentee ballot requests and absentee ballots for absent uniformed services
voters and overseas voters, 101.62, 101.697
FALSE PERSONATION
Elector, 104.24
FEDERAL COURTS
Felony convictions, notice to Department of State, 98.093
FEDERAL FUNDS
Voting systems and polling place accessibility for persons with disabilities,
state eligibility for, 101.56063, 101.56064
FELONS
Public office, recall in municipalities and charter counties, 100.361
Voting
Disqualification, 97.041
Registration application, felons with civil rights restored, 97.052
Registration system, removal of name from, 98.045, 98.075, 98.093
FINANCIAL IMPACT ESTIMATING CONFERENCE
Initiatives, financial impact statements and financial information
statements, 100.371, 101.161
Index
19
FINES AND PENALTIES
Candidates, 104.271, 104.2715
Third-party voter registration organizations, 97.0575
FISH AND WILDLIFE CONSERVATION COMMISSION
Voter registration duties, 97.05831, 379.352
FLORIDA COLLEGE SYSTEM INSTITUTIONS
Students
Voter registration, 97.052, 97.0583
FORGERY
Voter information cards, 104.013
FRAUD
Candidates, 97.012
Voter registration, 97.012, 97.052, 104.42, 106.24
FREEHOLDERS
Elections, generally, 100.241
GENERAL REVENUE FUND
Deposits
Campaign financing violation penalties, 106.08, 106.19, 106.265
Candidates
False or malicious charge, penalties, 104.271
False representations of military service, penalties, 104.2715
Filing fees, 99.0955, 99.103, 106.087
Reporting violations, fines, 106.07
Surplus campaign funds, 106.141
Committees of continuous existence, fines, 106.04
Electioneering communications organizations, fines, 106.0703
Political committees, fines, 106.07
Political party affiliated committees, fines or withheld funds, 106.088,
106.29
Political party candidate assessments, 106.087
Political party executive committees, reporting violation fines, 106.29
GIFTS
Political candidates; donations to political parties or religious, charitable, or
civic groups, 106.08
Voting, influencing with gifts, 104.061
GOVERNOR
Appointments
Elections Canvassing Commission, 102.111
Elections Commission, 106.24
Political party state executive committee, at-large members, 103.091
Presidential electors, 103.021
Presidential Preference Primary Date Selection Committee, 103.101
United States Senate, temporary appointment, 100.161
Voter registration or removal complaint dispute mediators, 97.023
Campaign financing, state funds, 106.32, 106.33, 106.34, 106.35
Contributions solicited for certain charitable organizations, reporting
requirements, 106.0701
Election, 100.041, 101.595
Emergency powers
Election emergencies, 101.733
Gubernatorial candidates, 99.063, 101.6952, 106.0701
Membership on
Elections Canvassing Commission, 102.111
Political party state executive committee, 103.091
GOVERNOR (Continued)
Presidential electors, nomination, 103.021
Term of office, 100.041
Vacancies in public offices
Election to fill, calling, 100.111, 100.141, 100.161
GOVERNOR, EXECUTIVE OFFICE OF
Estimating conferences, participation, 100.371
GRAND JURIES
Elections, special investigations, 104.43
GUARDIANS
Absentee ballots for electors, requests for, 101.62
HEALTH, DEPARTMENT OF
Deceased voters, list compilation, 98.093
Voter registration system maintenance, provision of death information,
98.075, 98.093
HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF
Records
Voter registration information and declinations, 97.057
Voter registration, 97.023, 97.052, 97.057
HOLIDAYS
Voter registration, 97.055
IDENTIFICATION CARDS
Voter registration, generally, 97.053, 97.057, 98.045
Voters, confidentiality of identification numbers, 97.0585
IMMUNITY
Voter challengers, 101.111
INCOME
Financial disclosure; candidates, public officers, and public employees,
99.061, 112.3144, 112.3145
INCOMPETENT OR INCAPACITATED PERSONS
Legal disabilities
Voting or registering to vote, disqualification, 97.041, 98.045, 98.093
Voter registration, 97.052
INDIGENT AND LOW-INCOME PERSONS
Voter registration ineligibility determination appeals, waiver of court costs,
98.0755
INJUNCTIONS
Campaign financing, 106.27
Elections, 97.012, 106.27
Voter registration, 97.012, 97.023, 97.0575, 106.27
Voting violations, enforcement of hearing officer orders, 97.028
INTEREST AND INTEREST RATES
Community development districts, failure to pay election expenses; interest
penalty, 100.011
Special districts, failure to pay election expenses; interest penalty, 100.011
JAILS
Prisoners
Absentee ballots, mailing to, 101.62
JUDGMENTS
Election contest, ouster, 102.1682
JURISDICTION
Elections Commission, 106.165, 106.25
Legislative election contests, 102.171
Voter registration or removal complaints, 97.023
Index
20
LABOR AND EMPLOYMENT
Discharge from employment
Voting, 104.081
Voting, employer coercion, 104.081
LAW ENFORCEMENT, DEPARTMENT OF
Voter registration system maintenance, furnishing names of felons, 98.093
LAW ENFORCEMENT OFFICERS
Political candidates, resign-to-run requirement, 99.012
Polling places, entry into, 102.101
LEGAL AFFAIRS, DEPARTMENT OF
Election complaints, false allegations; actions to recover costs and fees,
106.265
LEGISLATURE
Appointments
Political party state executive committee, at-large members, 103.091
Presidential Preference Primary Date Selection Committee, 103.101
Apportionment
Candidates seeking ballot position in apportionment year, signature
requirements, 99.09651
Candidates for legislative office, contributions solicited for certain
charitable organizations; reporting duties, 106.0701
Constitution of Florida
Amendment or revision, 101.161
Economic and Demographic Research, Office of
Estimating conferences, participation, 100.371
Initiative financial information statements, publication on website,
100.371
House of Representatives
Estimating conferences, participation, 100.371
Majority leader, leadership funds, 106.295
Minority leader, 103.091, 103.092, 106.24, 106.295
Speaker
Affiliated party committee, duties, 103.092
Elections Commission, nomination of members, 106.24
Leadership funds, 106.295
Political party state executive committee, at-large member, 103.091
Members
Contributions solicited for certain charitable organizations, reporting
duties, 106.0701
Election, 100.041, 100.101, 100.111, 102.171
Political party executive committees, at-large membership, 103.091
Term of office, 100.041
Vacancy in office, 100.111
Resolutions
Constitutional amendment or revision, 101.161
Joint resolutions, 101.161
Senate
Confirmation of appointments
Elections Commission, 106.24
Estimating conferences, participation, 100.371
Majority leader, leadership funds, 106.295
Minority leader, 103.091, 103.092, 106.24, 106.295
President
Affiliated party committee, duties, 103.092
LEGISLATURE (Continued)
Senate (Continued)
President (Continued)
Elections Commission, nomination of members, 106.24
Leadership funds, 106.295
Political party state executive committee, at-large member, 103.091
LIBRARIES
Voter registration agency status and duties, 97.021, 97.023, 97.052, 97.053,
97.058
LIEUTENANT GOVERNOR
Campaign financing, state funds, 106.33, 106.34
Candidates for office, 99.063, 100.111, 101.6952, 106.0701
Contributions solicited for certain charitable organizations, reporting
duties, 106.0701
Election, 101.151, 101.595
Political party state executive committee, member, 103.091
LIMITATION OF ACTIONS
Constitutional amendments or revisions proposed by joint resolutions,
challenges, 101.161
Criminal prosecutions
Campaign finance violations, 106.28
Elections
Bond referendum, testing validity, 100.321
Campaign finance violations, 106.25, 106.28
Contesting election, generally, 102.168
Election Code violation complaints, 106.25
Voter registration violation complaints, 106.25
LOANS
Election campaign financing, 106.07, 106.0703, 106.075, 106.11
LOBBYISTS
Elections Commission, membership restrictions, 106.24
LOCAL GOVERNMENTS
Elections, statistical information, 98.212
Funds
Electioneering communications, restrictions on expenditure, 106.113
Political advertisements, restriction on expending for, 106.113
Ordinances
Candidates and officers, electronic filing of reports, 106.07
Voter registration records, duties, 98.093
LOCAL OPTION
Circuit court judges, direct election or merit selection and retention,
101.161, 105.036
County court judges, direct election or merit selection and retention,
101.161, 105.036
MAGAZINES
Advertisements intended to influence public policy or vote of public
official, sponsorship designation, 106.1437
Political advertising, rates and charges, 106.16
MAIL
Absentee ballots, 101.6103, 101.62
Voter registration by mail, 97.052, 97.0535
MALFEASANCE AND MISFEASANCE
Public officers and employees, generally
Municipal officers, 100.361
Index
21
MANDAMUS
Election laws, enforcement, 97.012
Voting violations, enforcement of hearing officer orders, 97.028
MARRIED PERSONS
Absentee ballot request by spouse, 101.62
MEDIATION
Mediators
Voter registration disputes, 97.023
Voter registration or removal complaints, 97.023
Voting violation proceedings, 97.028
MERGER AND CONSOLIDATION
Election precincts, 101.001
MILITARY PERSONNEL
Candidates for office, false representation of service; penalty, 104.2715
Oaths, administration, 92.51, 101.665
Recruitment offices, voter registration, 97.012, 97.023, 97.052, 97.053
Reservists
Candidates for office, false representation of service; penalty, 104.2715
Voting, 97.012, 101.62, 101.64, 101.665, 101.694, 101.6952
MINORITY GROUPS
Voting rights, deprivation or interference with, 104.0515
MINORS
Voting, preregistration for, 97.041
MOTOR VEHICLES
State vehicles
Candidates for public office, use of vehicles, 106.15
Charges for use of vehicles, 106.15
Limitation on use of vehicles, 106.15
MOTOR VOTER LAW, 97.053, 97.057
MUNICIPALITIES
Annexation or contraction
Mail ballot elections, 101.6102
Referenda, 101.6102
Elections
Annexation or contraction, 101.6102
Ballot printing costs, 101.21
Candidates, qualifying fees, 99.093
Conduct, governing, 97.0115, 100.3605
Dates, change of, 100.3605, 101.75
Early voting, 101.657
Election Code, conduct governed by, 100.3605
Permanent single registration system, 97.105, 101.002
Precinct boundaries, 101.001, 101.002
Recall, governing body members, 100.361
Registered persons with no permanent address, voting, 101.045
Special elections, call, 100.151
Employees
Political candidates, resignation from employment, 99.012
Finances
Electioneering communications, restriction on expending for, 106.113
Political advertisements, restriction on expending for, 106.113
Governing bodies
Recall petitions and elections, 100.361
MUNICIPALITIES (Continued)
Officers
Candidates for another office, resignation, 99.012
Terms of office, 101.75
Ordinances
Elections, 100.3605, 101.75
Political advertising, restrictions on, 106.1435
NAMES
Fictitious or false names
Candidate petitions, signing with fictitious name, 104.185
Elections, fraudulently assuming name, 104.24
Recall petitions, signing with fictitious name, 100.361
Political parties, use restrictions, 103.081
NATIONAL GUARD
Candidates for office, false representation of service; penalty, 104.2715
Unlawful acts; penalties
Candidates for office, false representation of service, 104.2715
Civil penalties, 104.2715
NEWSPAPERS
Elections
Absentee ballots, notice of canvass of returns, 102.141
Ballot, publishing, 101.20
Candidate support or opposition, remuneration, 104.071
Electronic tabulating equipment testing, notice, 101.5612
Emergencies, rescheduled elections, 101.733
General election, notice, 100.021
Special election, notice, 100.141
Emergencies, public service messages, 101.733
Political advertising, rates and charges, 106.16
NONRESIDENTS
Campaign contributions from, 106.33, 106.35
NURSING HOME ADMINISTRATORS
Supervised voting for residents, request for, 101.655
NURSING HOMES
Residents
Absent electors, 101.655
OATHS
Authority to administer
Deputy supervisors of elections, 101.665
Elections Commission, 106.26
Elections, supervisors of, 101.665
Military officers, 92.51, 101.665
Public officers and employees, 101.665
Voting violation hearing officers, 97.028
Public officers and employees, generally
Authority to administer, generally, 101.665
Vacancy in office, nominees and appointees, 100.111, 114.05
OUTDOOR ADVERTISING
Exemptions from statutory provisions, 106.1435
Local government regulation
Political signs, 106.1435
Political signs, 106.1435, 106.1437
Public policy or vote of official, advertisements intended to influence;
sponsorship designation, 106.1437
Index
22
OUTDOOR ADVERTISING (Continued)
Removal
Political signs, 106.1435
PARKING AND PARKING FACILITIES
Disabilities, persons with
Election polling places, 101.715
PAROLE COMMISSION
Clemency, 98.093
Voter registration system maintenance, provision of clemency information,
98.093
PERJURY
Elections, false swearing to oath, 104.011
PHOTOGRAPHS
Polling rooms or early voting areas, prohibition, 102.031
PLANNING (STATE)
Elections emergency contingency plan, 101.733
Financial Impact Estimating Conference, 100.371, 101.161
PLEADINGS
Constitutional amendments or revisions proposed by joint resolutions,
challenges, 101.161
Election contest, 102.168
Voter registration or removal violations, complaints, 97.023
POLITICAL ADVERTISEMENTS
Affiliated party committees, 106.143
Campaign fund raisers, 106.025
Candidate approval, 106.143
Candidates; purchasing from political parties or religious, charitable, or
civic groups, 106.08
Content, 106.143
Definitions, 106.011
Disclaimers, 106.071, 106.143, 106.1439
Distribution near polling places, 102.031
Electioneering communications, 106.011, 106.04, 106.071, 106.113,
106.1439
Endorsements, 106.021, 106.143
In-kind contributions, 106.143
Independent expenditures for, 106.011, 106.071
Independent (no party affiliation) candidates, 106.143
Internet advertisements, 106.143
Language other than English, 106.143
Nonincumbent candidates, 106.143
Nonpartisan offices, 106.143
Party name or symbol, use, 103.081, 106.143
Petty cash funds, purchases from, 106.12
Political committees, 106.143
Political parties, 106.143
Public funds, restrictions on expenditure or acceptance, 106.113
Public policy or vote of public official, advertisements intended to
influence; sponsorship designation, 106.1437
Rates and charges, limitation, 106.16, 106.161
Removal, 106.1435
Required statements, 106.071, 106.143, 106.1439, 106.147
Signs, displaying, 106.1435
Telephone calls, 106.1439, 106.147, 106.1475
POLITICAL ADVERTISING (Continued)
Televised broadcasts, closed captioning and descriptive narrative
requirements, 106.165
"Thank you" advertisements, 106.11
Unlawful acts; penalties
Civil penalties, 106.265
Criminal penalties, 106.071, 106.1439, 106.147, 106.1475
Distribution near polling places, 102.031
Independent expenditure violations, 106.071
Rates and charges, excessive, 106.16
Required contents, failure to include, 106.071, 106.143, 106.1439
Telephone solicitation violations, 106.1439, 106.147, 106.1475
Televised broadcasts, violations, 106.165
Write-in candidates, 106.143
POLITICAL COMMITTEES
Accounting records, 106.06
Campaign depositories, 106.021, 106.05, 106.07, 106.11
Campaign treasurer, appointment, 106.021
Civil actions involving, 106.27
Committees of continuous existence
Advisory opinions, Division of Elections, 106.23
Civil actions involving, 106.27
Contributions, 106.022, 106.04, 106.07, 106.08
Expenditures, 106.011, 106.022, 106.04, 106.087
Generally, 106.04
Injunctions, 106.27
Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
Telephone solicitation, 106.147
Constitutional amendment initiative petition sponsors, 100.371, 106.19
Contesting verification of signatures on candidate's petition for
qualification, 99.097
Contributions
Affiliated organizations, receipt and transfer by, 106.08
Campaign treasurer, receipt through, 106.021
Deposit procedure, 106.05
Legislative intent, 106.31
Limitations, 106.08, 106.19
National depository, deposit in, 106.021, 106.07
Registered agent requirement, 106.022
Reports, 106.07, 106.08, 106.19
Definitions, 106.011
Deputy campaign treasurers, 106.021
Disbanding, notice, 106.03
Expenditures
Campaign treasurer, making through, 106.021
Checks, 106.11
Credit card purchases, 106.07, 106.11, 106.125
Debit cards, 106.11
Donations to religious, charitable, or civic organizations, 106.08
Independent expenditures, 106.011, 106.087
Joint endorsements of candidates, advertising expenditures, 106.021
Petty cash funds, 106.12
Public utility services, 106.14
Index
23
POLITICAL COMMITTEES (Continued)
Expenditures (Continued)
Registered agent requirement, 106.022
Reports, 106.07
Unauthorized expenditures, 106.19
Financial reports, content and filing, 106.07, 106.08, 106.19
Gifts in memory of deceased persons, 106.08
Injunctions, 106.27
Judicial selection initiative sponsors, 105.036
Petty cash funds, 106.11, 106.12
Political advertisements, 106.143
Poll watchers, designation, 101.131
Polls and surveys, conducting, 106.17
Registered agent and registered office, 106.022
Registration, 106.03
Statement of organization, content and filing, 106.03
Telephone solicitation, 106.147
Television broadcasts, closed captioning and descriptive narrative
requirements, 106.165
POLITICAL PARTIES
Advisory opinions, Division of Elections, 106.23
Affiliated party committees
Advisory opinions, Division of Elections, 106.23
Campaign financing reporting provisions, applicability, 103.092
Candidate surplus campaign funds, distribution, 106.141
Civil actions, 106.27
Contributions, 106.011, 106.08, 106.29
Donations to religious, civic, or charitable organizations, 106.08
Duties, generally, 103.092
Establishment, 103.092
Expenditures, 106.011, 106.021, 106.29
Gifts in memory of deceased persons, 106.08
Injunctions, 106.27
Leaders, 103.092, 106.0705, 106.088, 106.29
Name, abbreviation, or symbol of political party; use, 103.081
Party assessments, receipt, 103.121, 106.088
Political advertisements, 106.143
Polls and surveys, 106.17
Reports, 106.0705, 106.08, 106.29
Telephone solicitation, 106.147
Television broadcasts, closed captioning and descriptive narrative
requirements, 106.165
Treasurers, 103.092, 106.0705, 106.088, 106.29
Unlawful acts; penalties, 106.08, 106.088, 106.165, 106.265, 106.29
Candidate contributions or purchases, 106.08
Candidate qualifying fees, remission, 99.061, 99.103
Candidate surplus campaign funds, distribution, 106.141
Civil actions, 106.27
Constitution and bylaws, 103.091, 103.121
Contesting verification of signatures on candidate's petition for
qualification, 99.097
Contributions received, reporting, 106.08, 106.29
County executive committees
At-large members, 103.091
POLITICAL PARTIES (Continued)
County executive committees (Continued)
Audits, 103.121
Campaign contributions, limitation, 106.08, 106.087, 106.29, 106.33
Campaign finance reports, 106.08, 106.29
Contributions received, reporting, 106.08, 106.29
District unit of representation, 103.091
Election, 101.252, 103.091
Endorsement or recommendation of candidates for nomination, 103.121
Establishment, 103.091
Expenditures, 106.011, 106.087
False or incomplete campaign finance reports, certification, 106.29
Filing requirements, 103.091
Gifts in memory of deceased persons, 106.08
Membership, 103.091
Misuse of funds by chair or treasurer, 103.121
Organizational meetings, 103.091
Poll watchers, designation by chair, 101.131
Polls, conducting, 106.17
Powers and duties, generally, 103.121
Removal of members, 103.141
Term of office, 103.091
Vacancies in nomination to elective office, filling, 100.111
Vacancies on committees, filling, 103.091, 103.131
Election boards, membership, 102.012
Election statistical information, access to, 98.212
Electronic voting systems, testing and vote-counting representatives,
101.5612
Expenditures, 106.011, 106.08, 106.29
Financial records, 103.121
Fund raisers, 106.025
In-kind contributions, limitations, 106.08
Injunctions, 106.27
Joint endorsements of candidates, advertising expenditures, 106.021
Judicial candidates, endorsement or support, 105.09
Leadership funds, 106.295
Minor parties, formation, 103.095
Name or abbreviation, use restrictions, 103.081
Names of groups or committees associated with, filing, 103.081
National committees, 103.091, 106.011, 106.08, 106.29
National convention delegates, election, 103.091, 103.101
Political advertisements, 106.143
Poll watchers, designation, 101.131
Polls and surveys, 106.17
Presidential electors, nomination, 103.021, 103.091
Presidential preference primary, 103.101
Primary elections, voting, 101.021
Rulemaking authority, 103.091, 103.101
State executive committees
At-large members, 103.091
Audits, 103.121
Campaign contributions, limitation, 106.08, 106.087, 106.29, 106.33
Campaign finance reports, 106.0705, 106.08, 106.29
Chair, 103.081
Index
24
POLITICAL PARTIES (Continued)
State executive committees (Continued)
Elections, 101.252, 103.091
Endorsement or recommendation of candidates for nomination, 103.121
Expenditures, 106.011, 106.087
False or incomplete campaign finance reports, certification, 106.29
Filing requirements, 103.091
Gifts in memory of deceased persons, 106.08
Governing bodies, membership, 103.091
Membership, 103.091
Minor parties, 103.095
Misuse of funds by chair or treasurer, 103.121
National convention delegates, selection, 103.101
Organizational meetings, 103.091
Party name or symbol use, authorization, 103.081
Polls, conducting, 106.17
Powers and duties, generally, 103.121
Presidential electors, recommendation of candidates for nomination,
103.021
Requirement, 103.091
Rulemaking authority, 103.101, 103.121
Terms of office, 103.091
Vacancies, events creating, 103.131
Vacancies in nomination to elective office, filling, 100.111
Voting, 103.091
Supervised voting teams, representation on, 101.655
Symbols, use restrictions, 103.081
Television broadcasts, closed captioning and descriptive narrative
requirements, 106.165
Unlawful acts; penalties, 103.121, 106.087, 106.088, 106.165, 106.29
Vacancies in nominations to elective offices, filling, 100.111
Vacancies in party offices, 103.091, 103.131
Voting systems and equipment, preelection inspection and testing,
101.5612
PRESIDENTIAL PREFERENCE PRIMARY DATE SELECTION
COMMITTEE, 103.101
PRINTING
Voter registration application forms, 97.052
Voting ballots, 101.21
PROPERTY APPRAISERS
Election, 100.041
PROSECUTIONS
Failure to prosecute, 106.25
PUBLIC DEFENDERS
Election, 100.111
PUBLIC EMPLOYEES
Political activities
Candidacy for office, 99.012, 110.233
Coercion or influence, 104.31, 110.233
Judicial office candidates, 105.071
Participation restrictions, 104.31, 110.233
Services to candidates during working hours, 106.15
Unlawful acts; penalties, 104.31, 110.233
PUBLIC MEETINGS
Exemptions from open government provisions
Campaign finances, investigatory proceedings, 106.25
Election violation investigatory proceedings, 106.25
Voter registration, investigatory proceedings, 106.25
Financial Impact Estimating Conference, 100.371
PUBLIC OFFICERS
Campaign fund raisers, candidates for office, 106.025
Candidates for another office, resignation, 99.012
Candidates for office, qualification, 99.061, 99.063, 105.031
Office accounts, transfer of surplus campaign funds to, 106.141
Services to candidates during working hours, 106.15
Suspension and removal
Deputy supervisors of elections, 98.015
Travel expenses, 106.141
PUBLIC RECORDS
Campaign finance reports, 106.07, 106.0703
Campaign finance violation proceedings, 106.25
Election violation proceedings, 106.25
Electioneering communications organization reports, 106.0703
Exemptions from disclosure
Absentee ballots, record of requests and delivery information, 101.62
Campaign finance reports, 106.0706, 106.25
Election violation complaints and investigative reports, 106.25
Stalking victims, identifying information, 97.0585
Voter or voter registration information, 97.0585, 98.045, 106.25
Voting systems software, 101.5607
Voter registration information, 106.25
Voter registration violation proceedings, 106.25
Voting systems software, 101.5607
PUBLISHING AND PUBLICATIONS
Uniform polling place procedures manual, 102.014
QUO WARRANTO
Election contest, 102.169
RADIO
Advertisements intended to influence public policy or vote of official,
sponsor designation statement, 106.1437
Emergencies, public service messages, 101.733
Political advertising, 106.1437, 106.16, 106.161
RECORDS MANAGEMENT (LOCAL GOVERNMENTS)
Elections, supervisors of, 98.045
Voter registration information, 98.081, 98.461
RECORDS MANAGEMENT (STATE)
Highway Safety and Motor Vehicles, Department of, 97.057
REFERENDA
Ballot, 101.161
Bond issues
Applicable statutory provisions, 100.221
Approval of issuance, 100.281
Ballot format, 100.341
Calling, 100.211
Canvass of returns, 100.271
Contesting, 100.321
Costs, 100.201, 100.261
Index
25
REFERENDA (Continued)
Bond issues (Continued)
Defeat, waiting period before new election, 100.331
Evidence of result, 100.291
Failure to achieve majority vote, 100.281
Holding with other elections, 100.261
Inspectors and clerks, 100.271
Municipalities, generally, 100.311
Notice, 100.211
Polling place, 100.221
Recording results, 100.271, 100.291
Refunding bonds, 100.301
Requirement, generally, 100.201
Resolution ordering, 100.211
Returns, canvassing and recording, 100.271
Validity, contesting, 100.321
Charter county governing board members, terms of office commencement,
100.041
Constitutional amendment or revision, 101.161
Contesting, 102.168, 102.1682, 102.1685
County commissioners, 100.041
Freeholders, 100.241
Judicial selection initiatives, 101.161
Legislatively mandated election, certification of results, 100.351
Mail ballot elections
Absentee voting, 101.6103, 101.6105
Applicability of election laws, generally, 101.6106
Canvass of returns, 101.6103, 101.6104
Challenge, defect on voter's certificate, 101.6104
Costs, 101.6102
Limitations, 101.6102
Mail Ballot Election Act, 101.6101
Procedure, generally, 101.6103
Voter's certificate, 101.6103, 101.6104
Municipal annexation or contraction, 101.6102
Notices, 100.342
Special or local laws, 100.351
Telephone solicitation, ballot proposals, 106.147
REFUNDING BONDS
Election for issuance approval, 100.301, 132.02, 132.24
RELATIVES
Absentee ballots for electors, requests for, 101.62
REPORTS TO GOVERNOR
Voting system performance reports, 101.595
REPORTS TO LEGISLATURE
Voting history information, 98.0981
Voting system performance reports, 101.595
RESIDENCY REQUIREMENTS
Electors, 97.041, 98.075, 101.111
Political party county executive committees, 103.091
Voter registration, 97.041, 98.045, 98.075
Write-in candidates, 99.0615
REWARDS
Information leading to arrest and conviction
REWARDS (Continued)
Information leading to arrest and conviction (Continued)
Voter registration or voter fraud, 106.24
ROADS AND HIGHWAYS
Rights-of-way
Political signs, 106.1435
SCHOOL BOARDS
Candidates for election, 105.031, 105.035, 105.041, 105.051, 105.08,
1001.361
Terms of office, 100.041, 1001.35
SCHOOL DISTRICTS
Elections
Bond elections
Holding with other elections, 100.261
School board members
Candidates, 105.031, 105.035, 105.041, 105.051, 105.08
Electors qualified to vote, 105.061
Generally, 100.041
Unopposed candidates, 105.051
Superintendents, 100.041
SCHOOL SUPERINTENDENTS
Election, 100.041
Term of office, 100.041
SEALS
Elections, supervisors of, 98.015
SERVICE OF PROCESS
Agents
Political telephone solicitors, 106.1475
Election contest complaints, 102.168
Elections Commission subpoenas and orders, 106.26
Sheriffs
Elections Commission subpoenas or orders, 106.26
SETTLEMENTS
Campaign financing violation complaints, consent agreements, 106.25
Election violation complaints, consent agreements, 106.25
SHERIFFS
Deputies
Candidates for office of sheriff, resign-to-run, 99.012
Election official duties and responsibilities, training, 102.014
Election of sheriffs, 100.041
Legal notices, publication, 100.021
Term of office, 100.041
SHORT TITLES
Election Campaign Financing Act, 106.30
Election Code, 97.011
Elections Emergency Act, 101.731
Electronic Voting Systems Act, 101.5601
Mail Ballot Election Act, 101.6101
Voter Protection Act, 104.0615
Voter Registration Act, 97.032
SIGNATURES
Voters or voter registration applicants, 97.052, 97.055, 97.0585, 98.077,
101.49
Index
26
SOCIAL SECURITY
Numbers
Voter registration, 97.052, 97.053, 97.057, 97.0585, 98.045
Voters, confidentiality, 97.0585
Social Security Administration, provision of death information for voter
registration system maintenance, 98.075
SOCIAL SERVICES
Voter registration at offices providing public assistance, 97.021, 97.023,
97.052, 97.053, 97.058
SOLICITATION
Campaign contributions, 102.031, 106.15
Constitutional amendment initiative petition signatures, paid petition
circulators, 106.191
Contributions
Campaign contributions, 102.031, 106.15
Political candidates, charitable contributions, 106.08
State officers or candidates, solicitations by, 106.0701
Political telephone solicitation, 106.1439, 106.147, 106.1475
Polling places, solicitation at, 102.031
Voter registrations for compensation, 104.012
Voters at or near polling places or early voting sites, 101.051, 102.031
SPECIAL DISTRICTS
Elections
Candidate qualifications, 99.061, 99.095
Early voting, 101.657
Payment of costs, 100.011
Employees and officers
Candidate for another office, resignation, 99.012
STALKING
Aggravated stalking
Victim identifying information, public records exemption, 97.0585
Victim identifying information, public records exemption, 97.0585
STATE AGENCIES
Voter registration records, duties, 98.093
STATE ATTORNEYS
Campaign finance violations, duties, 106.25
Election, 100.111
Election violations, duties, 106.25
Voter registration violations, duties, 106.25
STATE CONTRACTS
Voter registration, 97.058
STATE, DEPARTMENT OF
Constitutional amendments or revisions proposed by joint resolutions,
duties, 101.161
Official records
Initiative petition financial impact statements, 100.371
Minor political parties, 103.095
Political party executive committee rules, 103.101
Rulemaking authority
Elections
Absent uniformed services voters, 101.62
Ballots, 101.151, 101.62
Campaign treasurers' reports, 106.07
Candidate qualifications, 99.061
STATE, DEPARTMNET OF (Continued)
Rulemaking authority (Continued)
Elections (Continued)
Counting of votes, 101.5614
County voting system filings, 102.141
Electronic or electromechanical voting systems, 101.015, 101.5608,
102.166
Forms, alternative formats and Internet availability, 97.026
Fraud complaints, 97.012
Initiatives, 100.371
Interpretation and implementation of elections laws, uniform
standards, 97.012
Judicial selection initiatives, 105.036
Mail ballot elections, 101.6107
Overseas voters, 101.62, 101.697
Petitions, verification of signatures, 99.097
Polling places, accessibility for persons with disabilities, 101.715
Precinct-level results and book closing statistics, 98.0981
Presidential preference primaries, 103.101
Recounts, 102.141, 102.166
Television broadcasts, requirements, 106.165
Uniform polling place procedures manual, adoption, 102.014
Voter education programs, 98.255
Voting assistance to illiterate voters or voters with disabilities, 97.061
Voting history information, 98.0981
Voting systems and voter interface devices for persons with
disabilities, 101.56062
Voting systems, audit procedures, 101.5911
Write-in absentee ballots, 101.6951, 102.166
Voter registration, 97.012, 97.052, 97.0555, 98.035, 98.045, 98.075
STATE EMPLOYEES
Political candidates, resignation from employment, 99.012
Selected Exempt Service
Elections Commission attorneys, 106.24
Senior Management Service
Elections Commission, executive director, 106.24
STATE FUNDS
Election campaign financing, 106.32, 106.33, 106.34, 106.35
STATE OFFICERS
Candidates for another office, resign-to-run, 99.012
STATE, SECRETARY OF
Constitutional amendments or revisions proposed by joint resolutions,
duties, 101.161
Initiative financial information statements, publication on website, 100.371
Initiatives, duties, 100.371, 101.161
Presidential Preference Primary Date Selection Committee, membership
on, 103.101
Rulemaking authority, 100.371, 105.036
Voter registration, duties, 97.012, 97.0575, 98.035
STATE UNIVERSITIES
Students
Voter registration, 97.052, 97.0583
Voter registration, 97.052, 97.0583
Index
27
STATEWIDE PROSECUTOR
Election irregularities or fraud, prosecution, 97.012
SUBPOENAS
Elections Commission, 106.26
Elections, Division of, 106.23
Voting violation hearing officers, 97.028
SUPERSEDEAS
Voter registration ineligibility determination appeals, 98.0755
SUPREME COURT
Advisory opinions, 100.371
Initiative petitions, review, 100.371
Justices
Retention election, 105.041, 105.051
TAX COLLECTORS
Election, 100.041
Terms of office, 100.041
TAXATION
Taxation and Budget Reform Commission, 101.161,
TAXATION AND BUDGET REFORM COMMISSION, 101.161
TELEPHONES
Electioneering communications calls, 106.1439
Solicitation
Political campaigns, 106.1439, 106.147, 106.1475
Toll-free numbers and hotlines
Voter fraud hotline, 97.012
Voter registration services, 97.058
TELEVISION
Advertisements intended to influence public policy or vote of public
official, sponsorship designation statement, 106.1437
Emergencies, public service messages, 101.733
Political advertising, 106.16, 106.161, 106.165
THEFT
Election records, ballot boxes, or returns, 104.22
THREATS
Employer's threats to control votes of employees, 104.081
Voter registration, interference with or influencing, 104.012
Voters, influencing, 104.061, 104.0615, 104.081, 104.31
Voting rights, interference with, 104.0515, 104.061, 104.0615
TRAVEL EXPENSES
Candidates for statewide office, credit card use, 106.125
Elected officers, payment from surplus campaign funds, 106.141
Political committees, credit card use, 106.125
TRUST FUNDS (PUBLIC)
Elections Commission Trust Fund, 99.092, 99.093, 105.031, 106.24
UNITED STATES
Election Assistance Commission voter registrati