Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1S - Division of Elections › Chapter 1S-2 - ELECTIONS › Section 1S-2.051 - Standards for Determining Voter's Choice on a Federal Write-In Absentee Ballot

Current through Reg. 50, No. 138; July 16, 2024
(1) Application. The
				standards in this rule apply to determine whether the voter has clearly
				indicated a definite choice for purposes of counting a vote cast on a Federal
				Write-in Absentee Ballot (FWAB) during a recount under Section
				 102.166(4),
				F.S., and during the canvassing and duplication of the FWAB under Section
				 101.5614(5),
				F.S. The FWAB is issued by the Federal Voting Assistance Program (FVAP) as a
				back-up ballot, and is available by download from the FVAP's webpage at:
https://www.fvap.gov/uploads/FVAP/Forms/fwab.pdf
.
(2) Use. Section
				 101.6952(2),
				F.S., governs when a federal write-in absentee ballot may be used in an
				election and by whom it may be used.
(3) Manual review and tabulation. Subject to
				Sections  102.166(4)(b) and
				(c), F.S., a vote shall count when it is
				determined to be a valid vote pursuant to this rule.
(4) Standards. The following standards
				supplement the applicable standards already set out in Sections
				 101.6952(2)(b)-(e),
				F.S., for determining whether there is a clear indication that the voter has
				made a definite choice, whether the vote shall be counted, and for whom or what
				issue.
(a) The following standards apply and
				will constitute clear indications of a definite choice for which the vote shall
				count:
1. Except for judicial merit retention
				races (see subparagraph (4)(a)6.), if the voter writes the candidate's local or
				state office under the column "Office/Ballot Initiative, " and in close
				proximity either on the same line, directly below or above the line, or on the
				line directly opposite in the next column, the voter writes a qualified
				candidate's name or party, the vote shall count for the qualified candidate
				regardless of party affiliation, or for the qualified candidate associated with
				the party written, whichever is applicable.
2. Except for judicial merit retention races
				(see subparagraph (4)(a)6.), if the voter writes the qualified candidate's
				first or last name and no other qualified candidate in the race or on the
				ballot has the same or similar first or last name, the vote shall count for
				that qualified candidate regardless of proper or improper office
				designation.
3. If the voter uses
				symbols, marks, or words, such as "same" or "ditto, " or arrows, or quotation
				marks to indicate the same political party for all offices voted, the vote
				shall count for each qualified candidate of that political party, except in
				those races in which more than one candidate of the same political party may
				properly be nominated or in which two or more candidates may properly be
				elected.
4. If the voter fails to
				include any district or other numbered designation associated with the office
				but designates the correct office name, the vote shall count for that
				office.
5. If the voter writes a
				candidate's partial or full name, but incorrectly writes the political party,
				the vote shall count for that candidate.
6. For a judicial merit retention race, if
				the voter writes the candidate's first or last name or current office under the
				column "Office/Ballot Initiative" or "Candidate Name, Party Affiliation, or
				Initiative Vote, " and in close proximity either on the same line, directly
				below or above the line, or on the line directly opposite in the adjacent
				column, the voter writes "yes" or "no, " the vote shall count as a vote for or
				against retention, respectively. A voter may use symbols, marks, or words, such
				as "same" or "ditto, " or arrows, or quotation marks to indicate a yes or no
				vote, as applicable, for a subsequent judicial merit retention race after
				indicating a "yes" or "no" vote for a preceding race.
7. For a ballot measure, if the voter writes
				the name of the ballot measure in any identifiable form under the column
				"Office/Ballot Initiative, " and in close proximity either on the same line,
				directly below or above the line, or on the line directly opposite in the next
				column, the voter writes "yes" or "no, " the vote shall count as a vote for or
				against the ballot measure, respectively. A voter may use symbols, marks, or
				words, such as "same" or "ditto, " or arrows, or quotation marks to indicate a
				yes or no vote, as applicable, for a subsequent ballot measure after indicating
				a "yes" or "no" vote for a preceding ballot measure.