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§ 101.049 Provisional ballots; special circumstances.

Overview of Statute

This statute governs the circumstances relating to provisional ballots. Any voter who votes after the polls close pursuant to either a court order or another order extending the polling hours has to use a provisional ballot. The county canvassing board is responsible for counting all late-voted provisional ballots deemed valid by the board. But they must be kept separate from all other ballots. The supervisor of elections is responsible for ensuring that the provisional ballots are kept separate from the other ballots. This section does not apply to voters who were in line to vote when the polls closed, and who cast their ballots after the polls closed. Provisional ballots cast under this section may be cast in accordance with s. 101.048(4), and must be done so for persons with disabilities.

Statute

(1) Any person who votes in an election after the regular poll-closing time pursuant to a court or other order extending the statutory polling hours must vote a provisional ballot. Once voted, the provisional ballot shall be placed in a secrecy envelope and thereafter sealed in a provisional ballot envelope. The election official witnessing the voter’s subscription and affirmation on the Provisional Ballot Voter’s Certificate shall indicate whether or not the voter met all requirements to vote a regular ballot at the polls. All such provisional ballots shall remain sealed in their envelopes and be transmitted to the supervisor of elections.

(2) Separate and apart from all other ballots, the county canvassing board shall count all late-voted provisional ballots that the canvassing board determines to be valid.
(3) The supervisor shall ensure that late-voted provisional ballots are not commingled with other ballots during the canvassing process or at any other time they are statutorily required to be in the supervisor’s possession.
(4) This section shall not apply to voters in line at the poll-closing time provided in s. 100.011who cast their ballots subsequent to that time.
(5) As an alternative, provisional ballots cast pursuant to this section may, and for persons with disabilities shall, be cast in accordance with the provisions of s. 101.048(4).

History:

s. 16, ch. 2003-415; s. 3, ch. 2004-5; s. 25, ch. 2005-277.

Annotation: February 16, 2016 1:38 pm

If a voter votes after the normal poll closing time due to court or other order extending voting hours, he or she must vote a provisional ballot. These ballots are kept segregated from other ballots. If the order extending polling hours is later reversed, the votes cast during that time can be identified and vote totals adjusted accordingly.

Definition [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.

Definition [Provisional Ballot]

A conditional ballot, the validity of which is determined by the canvassing board.

Definition [Persons with Disabilities]

Individuals who have a physical or mental impairment that substantially limits one or more major life activities. Fla. Stat. § 97.021(26).

Definition [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).

Definition [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).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Cases

florida Cases

Out-of-State Cases

Federal Cases

Case Name: Florida Democratic Party v. Hood

Citation: 342 F.Supp.2d 1073

Federal District Court: Northern District of Florida

Year: 2004

Case URL: https://www.ravellaw.com/opinions/f8ed406a86e6040346d1c9bb29736aaa?query=Florida[...]

Case Summary: Florida Democratic Party v. Hood held that the Florida Democratic Party had standing to sue on behalf of voters who would be denied the chance to cast provisional ballots; that HAVA did not require ballots cast in wrong precincts to be counted; that HAVA did require that voters who thought they were registered be given the chance to cast provisional ballots; and that requirements for issuing a preliminary injunction requiring the distribution of provisional ballots were satisfied, after the Party sued Florida, seeking a preliminary injunction preventing election workers from denying provisional ballots to prospective voters who they believed were not registered.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 156, Provisional Ballots-Special circumstances

  • Fla. Jur. 2d Elections s 180, Powers and duties of canvassing commission and boards, generally