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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.6104 Challenge of votes.

Overview of Statute

This statute governs the process by which a voter can challenge a ballot. Voters present when the canvassing board canvasses votes who believe that a ballot is illegal can, before the ballot is removed from the envelope, file a protest with the canvassing board.

Statute

If any elector present for the canvass of votes believes that any ballot is illegal due to any defect apparent on the voter’s certificate, the elector may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of such ballot, specifying the reason he or she believes the ballot to be illegal. No challenge based upon any defect on the voter’s certificate shall be accepted after the ballot has been removed from the return mailing envelope.

History:

s. 1, ch. 87-364; s. 586, ch. 95-147.

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 [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).

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 171, Conduct of election