reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.6921 - Delivery of Special Vote-by-Mail Ballot to Certain First-Time Voters.

101.6921 Delivery of special vote-by-mail 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 vote-by-mail ballot is mailed.
(2) The supervisor shall enclose with each vote-by-mail 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:
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. 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 requirements 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; s. 26, ch. 2016-37.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.6925 - Canvassing Special Vote-by-Mail Ballots.

101.6925 Canvassing special vote-by-mail ballots.—
(1) The supervisor of the county where the voter resides shall receive the voted special vote-by-mail ballot, at which time the mailing envelope must 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 identification 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 vote-by-mail 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 must check the voter registration records to determine if the voter’s identification was previously received or the voter had previously notified the supervisor that he or she was exempt. The envelope with the Voter’s Certificate may not be opened unless the identification has been received or the voter has indicated that he or she is exempt. The ballot must be treated as a provisional ballot and may not be canvassed unless the supervisor has received the required identification or written indication of exemption by 5 p.m. local time on the 2nd day following the election.
History.—s. 24, ch. 2003-415; s. 28, ch. 2016-37; s. 30, ch. 2023-120.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.694 - Mailing of Ballots Upon Receipt of Federal Postcard Application.

101.694 Mailing of ballots upon receipt of federal postcard application.—
(1) Upon receipt of a federal postcard application for a vote-by-mail 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(3).
(2) Upon receipt of a federal postcard application for a vote-by-mail 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) Vote-by-mail envelopes printed for voters entitled to vote by mail under the Uniformed and Overseas Citizens Absentee Voting Act shall meet the specifications 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 vote-by-mail ballots and other materials such as instructions and envelopes are to be carried via air mail, and, to the maximum extent possible, such ballots and materials shall be reduced in size and weight of paper. The same ballot shall be used, however, as is used by other vote-by-mail 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; s. 29, ch. 2016-37; s. 31, ch. 2023-120.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.6951 - State Write-in Vote-by-Mail Ballot.

101.6951 State write-in vote-by-mail ballot.—
(1) An overseas voter may request, not earlier than 180 days before a general election, a state write-in vote-by-mail 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 a vote-by-mail ballot during the normal vote-by-mail voting period. State write-in vote-by-mail 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 vote-by-mail 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 vote-by-mail 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; s. 30, ch. 2016-37.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.697 - Electronic Transmission of Election Materials.

101.697 Electronic transmission of election materials.—The Department of State shall determine whether secure electronic means can be established for receiving ballots from overseas voters. If such security can be established, the department shall adopt rules to authorize a supervisor of elections to accept from an overseas voter a request for a vote-by-mail ballot or a voted vote-by-mail ballot by secure facsimile machine transmission or other secure electronic 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; s. 32, ch. 2016-37.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.698 - Absentee Voting in Emergency Situations.

101.698 Absentee voting in emergency situations.—If a national or local emergency or other situation arises which makes substantial compliance with the provisions of state or federal law relating to the 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.715 - Accessibility of Polling Places for People Having a Disability.

101.715 Accessibility of polling places for people having a disability.—
(1) All polling places must be accessible and usable by people with disabilities, as provided in this section.
(2) Only those polling places complying with the Florida Americans With Disabilities Accessibility Implementation 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, regardless 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.732 - Definitions Relating to Elections Emergency Act.

101.732 Definitions relating to Elections Emergency Act.—As used in ss. 101.731-101.74:
(1) “Department” means the Department of State.
(2) “Division” means the Division of Elections of the Department of State.
(3) “Emergency” means any occurrence, or threat 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.74 - Temporary Change of Polling Place in Case of Emergency.

101.74 Temporary change of polling place in case of emergency.—In case of an emergency existing in any precinct at the time of the holding of any election, the supervisor of elections may establish, at 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 101 - Voting Methods and Procedure › 101.75 - Municipal Elections; Change of Dates for Cause.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.021 - Compensation of Inspectors, Clerks, and Deputy Sheriffs.

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 compensation 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.071 - Tabulation of Votes and Proclamation of Results.

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 publication. 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.072 - Vote-by-Mail Count Reporting.

102.072 Vote-by-mail count reporting.—Beginning at 7 p.m. on election day, the supervisor must, at least once every hour while actively counting, post on his or her website the number of vote-by-mail ballots that have been received and the number of vote-by-mail ballots that remain uncounted.
History.—s. 30, ch. 2021-11; s. 6, ch. 2022-4.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.091 - Duty of Sheriff to Watch for Violations; Appointment of Special Officers.

102.091 Duty of sheriff to watch for violations; appointment of special officers.—
(1) The sheriff shall exercise strict vigilance in the detection of any violations of the election laws and in apprehending the violators.
(2) The Governor, in consultation with the executive director of the Department of Law Enforcement, shall appoint special officers to investigate alleged violations of the election laws to see that violators of the election laws are apprehended and punished. A special officer must be a sworn special agent employed by the Department of Law Enforcement. At least one special officer must be designated in each operational region of the Department of Law Enforcement to serve as a dedicated investigator of alleged violations of the election laws. Appointment as a special officer does not preclude a sworn special agent from conducting other investigations of alleged violations of law, provided that such other investigations do not hinder or interfere with the individual’s ability to investigate alleged violations of the election laws.
History.—s. 6, ch. 26870, 1951; s. 3, ch. 65-129; s. 24, ch. 2022-73.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.101 - Sheriff and Other Officers Not Allowed in Polling Place.

102.101 Sheriff and other officers not allowed in polling place.—A sheriff, a deputy sheriff, a police officer, a special officer appointed pursuant to s. 102.091, or any other officer of the law is not allowed within a 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 such officer to comply with this section, the clerk or the inspectors must make an affidavit against the 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; s. 25, ch. 2022-73.
Note.—Former s. 99.41.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.111 - Elections Canvassing Commission.

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 commission shall agree on another elected official to fill the vacancy.
(2) The Elections Canvassing Commission shall meet at 8 a.m. on the 9th day after a primary election and at 8 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 Commission.
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; s. 34, ch. 2023-120.
Note.—Former s. 99.49.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.112 - Deadline for Submission of County Returns to the Department of State.

102.112 Deadline for submission of county returns 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 canvassing board that the board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election.
(2) Returns must be filed no later than noon on the 8th day following a primary election and no later than noon on the 13th day following the general election. However, the Department of State may correct typographical errors, including the transposition of numbers, in any returns submitted 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; s. 35, ch. 2023-120.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.121 - Elections Canvassing Commission to Issue Certificates.

102.121 Elections Canvassing Commission to issue certificates.—The Elections Canvassing Commission 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 Congress, 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.131 - Returns Before Canvassing Commission.

102.131 Returns before canvassing commission.—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 measure presented to the electors, the commission shall so certify and shall not include the returns in its determination, canvass, and declaration. The Elections Canvassing 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.151 - County Canvassing Board to Issue Certificates; Supervisor to Give Notice to Department of State.

102.151 County canvassing board to issue certificates; 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 transmitted 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.155 - Certificate of Election.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.1682 - Judgment of Ouster; Revocation of Commission; Judgment Setting Aside Referendum.

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 commissioned 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 referendum, 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.1685 - Venue.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.169 - Quo Warranto Not Abridged.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 102 - Conducting Elections and Ascertaining the Results › 102.171 - Contest of Election to Legislature.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.011 - Electors of President and Vice President.

103.011 Electors of President and Vice President.—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 presidential 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.022 - Write-in Candidates for President and Vice President.

103.022 Write-in candidates for President and Vice President.—
(1) Persons seeking to qualify for election 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, before the date of the primary election in the year in which a presidential election is held.
(2) The Department of State shall prescribe the form to be used in administering the oath.
(3) The write-in candidates shall file with the department a certificate naming the required number of persons to serve as electors. The write-in candidates shall submit the Florida voter registration number and contact information for each presidential elector. Each presidential elector must be a qualified registered voter of this state. Such write-in candidates are not entitled to have their names on the ballot.
History.—s. 15, ch. 81-105; s. 9, ch. 83-251; s. 19, ch. 2005-286; s. 38, ch. 2023-120.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.051 - Congress Sets Meeting Dates of Electors.

103.051 Congress sets meeting dates of electors.—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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.061 - Meeting of Electors and Filling of Vacancies.

103.061 Meeting of electors and filling of vacancies.—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 present 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.062 - Plurality of Votes to Fill Vacancy; Proceeding in Case of Tie.

103.062 Plurality of votes to fill vacancy; proceeding 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 presidential 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.071 - Compensation of Electors.

103.071 Compensation of electors.—Each presidential 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.081 - Use of Party Name; Political Advertising.

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 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 organized 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.
(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.
Note.—Former s. 102.06.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.092 - Affiliated Party Committees.

103.092 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 committee.
History.—ss. 2, 30, ch. 2011-6; HJR 7105, 2011 Regular Session.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.131 - Political Party Offices Deemed Vacant in Certain Cases.

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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 103 - Presidential Electors; Political Parties; Executive Committees and Members › 103.141 - Removal of County Executive Committee Member for Violation of Oath.

103.141 Removal of county executive committee 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 committee 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 104 - Election Code: Violations; Penalties › 104.011 - False Swearing; Submission of False Voter Registration Information; Prosecution Prohibited.

104.011 False swearing; submission of false voter registration information; prosecution prohibited.—
(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 affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable 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.
(3) A person may not be charged or convicted for a violation of this section for affirming that he or she has not been convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have occurred on or after January 8, 2019, but before July 1, 2019.
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; s. 26, ch. 2019-162.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 104 - Election Code: Violations; Penalties › 104.012 - Consideration for Registration; Interference With Registration; Soliciting Registrations for Compensation; Alteration of Registration Application.

104.012 Consideration for registration; interference with registration; soliciting registrations for compensation; alteration of registration application.—
(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, deceives, 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 104 - Election Code: Violations; Penalties › 104.013 - Unauthorized Use, Possession, or Destruction of Voter Information Card.

104.013 Unauthorized use, possession, or destruction 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 information 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.
2023 Florida Statutes › Title IX - Electors and Elections › Chapter 104 - Election Code: Violations; Penalties › 104.031 - False Declaration to Secure Assistance in Preparing Ballot.

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 provided 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.