§ 101.64 Delivery of vote-by-mail envelopes; form.
Overview of Statute
This statute governs the procedure by which supervisors of elections deliver vote-by-mail ballots to voters. When supervisors send vote-by-mail ballots, each ballot is sent with a secrecy envelope and a mailing envelope. The secrecy envelope contains the Voter’s Certificate.
(1) The supervisor shall enclose with each vote-by-mail 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:
Note: Please Read Instructions Carefully Before Marking Ballot and Completing 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)
(E-Mail Address) (Home Telephone Number)
(Mobile Telephone Number)
(5) The secrecy envelope must include, in bold font, substantially the following message:
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; s. 17, ch. 2016-37; s. 16, ch. 2019-162, eff. July 1, 2019.
1. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
2. Definition for Absent Elector
Any registered and qualified voter who casts an absentee ballot. Fla. Stat. § 97.021(1).
3. Definition for Secrecy Envelope
As used in the Electronic Voting Systems Act, secrecy envelope means an opaque device, used for enclosing a marked ballot, which conceals the voter’s choices. Fla. Stat. § 101.5603(6).
4. 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).
5. Definition for Person
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, or political committee. Fla. Stat. § 106.011(14).
6. 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).
7. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: McLean v. Bellamy
Citation: 437 So.2d 737
Case Summary: McLean v. Bellamy held in part that election officials' failure to conform to Florida election statutes did not justify invalidation of the absentee ballots at issue in the case.
Case Name: Boardman v. Esteva
Citation: 323 So.2d 259
Case Summary: Boardman v. Esteva held that strict compliance with statutory requirements for absentee balloting was not necessary to validate the ballots when there was substantial compliance.
Regulations & Guidance
Fla. Jur. 2d Elections s 163, Furnishing ballots
Fla. Jur. 2d Elections s 164, Casting ballots
0050 Surveys 8; Marking and Counting of Ballots