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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.69 Voting in person; return of vote-by-mail ballot.

Statute

The provisions of this code shall not be construed to prohibit any elector from voting in person at the elector’s precinct on the day of an election or at an early voting site, notwithstanding that the elector has requested a vote-by-mail ballot for that election. An elector who has returned a voted vote-by-mail ballot to the supervisor, however, is deemed to have cast his or her ballot and is not entitled to vote another ballot or to have a provisional ballot counted by the county canvassing board. An elector who has received a vote-by-mail ballot and has not returned the voted ballot to the supervisor, but desires to vote in person, shall return the ballot, whether voted or not, to the election board in the elector’s precinct or to an early voting site. The returned ballot shall be marked “canceled” by the board and placed with other canceled ballots. However, if the elector does not return the ballot and the election official:

(1) Confirms that the supervisor has received the elector’s vote-by-mail ballot, the elector shall not be allowed to vote in person. If the elector maintains that he or she has not returned the vote-by-mail ballot or remains eligible to vote, the elector shall be provided a provisional ballot as provided in s. 101.048.
(2) Confirms that the supervisor has not received the elector’s vote-by-mail ballot, the elector shall be allowed to vote in person as provided in this code. The elector’s vote-by-mail ballot, if subsequently received, shall not be counted and shall remain in the mailing envelope, and the envelope shall be marked “Rejected as Illegal.”
(3) Cannot determine whether the supervisor has received the elector’s vote-by-mail ballot, the elector may vote a provisional ballot as provided in s. 101.048.

History:

s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 37, ch. 65-380; s. 23, ch. 77-175; s. 592, ch. 95-147; s. 8, ch. 96-57; s. 38, ch. 2001-40; s. 18, ch. 2002-17; s. 48, ch. 2005-277; s. 25, ch. 2016-37.

Note.Former s. 101.11.
Annotation: February 16, 2016 3:46 pm

Absentee ballots to be counted must be returned to the supervisor of elections’ office. Voted absentee ballots cannot be delivered to an early voting site or a polling place unless the voter wants to vote in person, in which case the marked absentee ballot is to be marked cancelled.

Definition [Supervisor]

The supervisor of elections.

Definition [Early Voting]

Casting a ballot prior to election day at a location designated by the supervisor of elections and depositing the voted ballot in the tabulation system.

Definition [Election Board]

The clerk and inspectors appointed to conduct an election.

Definition [Early Voting Site]

Those locations specified in s. 101.657 and the building in which early voting occurs.

Definition [Provisional Ballot]

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

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.

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.

Definition [Elector]

“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.