§ 101.041 Secret voting.
Overview of Statute
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.
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.
1. 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).
2. 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: McDonald v. Miller
Citation: 90 So.2d 124
Case Summary: McDonald v. Miller held that voters voting absentee had the right to waive their guarantee of secrecy and fill out their absentee ballots in the presence of other people.
Case Name: Sarasota Alliance for Fair Elections, Inc. v. Browning
Citation: 28 So.3d 880
Case Summary: Sarasota Alliance for Fair Elections, Inc. v. Browning held that the state’s Election Code does not preempt the field of election law.
Fla. Jur. 2d Elections s 121, Generally
Fla. Jur. 2d Elections s 157, Secrecy in voting
Fla. Jur. 2d Elections s 164, Casting ballots