§ 101.6102 Mail ballot elections; limitations.
Overview of Statute
(1)(a) An election may be conducted by mail ballot if:
- 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;
- 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
- 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.
s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315.
1. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
2. Definition for Governing Body
As used in ss. 101.292-101.295, “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. Fla. Stat. § 101.292(1).
3. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
4. Definition for Elector
“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).
5. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
6. Definition for Candidate
Any person to whom any one or more of the following applies:
Regulations & Guidance
Fla. Jur. 2d Elections s 170, Generally
Fla. Jur. 2d Elections s 171, Conduct of election
“Electronic Ballot Boxes: Legal Obstacles to Voting Over the Internet” 29 McGeorge L. Rev. 953