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Florida > The Florida Election Code > Conducting Elections And Ascertaining The Results

§ 102.071 Tabulation of votes and proclamation of results.

Overview of Statute

This statute states that the results for each office have to be posted for the public to see. Once every race is counted, the inspectors are responsible for writing a certificate of results.

Statute

The election board shall post at the polls, for the benefit of the public, the results of the voting for each office or other item on the ballot as the count is completed. Upon completion of all counts in all races, a certificate of the results shall be drawn up by the inspectors and clerk at each precinct upon a form provided by the supervisor of elections which shall contain the name of each person voted for, for each office, and the number of votes cast for each person for such office; and, if any question is submitted, the certificate shall also contain the number of votes cast for and against the question. The certificate shall be signed by the inspectors and clerk and shall be delivered without delay by one of the inspectors, securely sealed, to the supervisor for immediate publication. All the ballot boxes, ballots, ballot stubs, memoranda, and papers of all kinds used in the election shall also be transmitted, after being sealed by the inspectors, to the supervisor’s office. Registration books and the poll lists shall not be placed in the ballot boxes but shall be returned to the supervisor.

History:

s. 30, ch. 3879, 1889; RS 184; s. 61, ch. 4328, 1895; s. 2, ch. 4699, 1899; GS 242; RGS 286; CGL 342; s. 9, ch. 25384, 1949; s. 6, ch. 26329, 1949; s. 6, ch. 26870, 1951; s. 39, ch. 28156, 1953; s. 19, ch. 73-334; s. 25, ch. 77-175; s. 45, ch. 79-400; s. 55, ch. 2005-277.

Annotation: August 23, 2017 7:56 pm

Poll workers are instructed to display the results on the door that provides entry into the polling place. The results of any election cannot be determined based on these posted results because such results are provided only at the precinct level.

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

Case Name: Sarasota Alliance for Fair Elections, Inc. v. Browning

Citation: 28 So.3d 880

Year: 2010

Case URL: https://www.ravellaw.com/opinions/d7674593077064c593b61614ebd3b14a

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.

Out-of-State Cases

Federal Cases

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 29, Election boards-Powers and duties

  • Fla. Jur. 2d Elections s 136, Regulation of conduct of elections

  • Fla. Jur. 2d Elections s 175, Generally

  • Fla. Jur. 2d Elections s 179, Generally; canvassing commission and boards

  • 0050 Surveys 10; Voting Machines