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

§ 102.111 Elections Canvassing Commission.

Overview of Statute

This statute provides an overview of the Elections Canvassing Commission’s members and duties.

Statute

(1) The Elections Canvassing Commission shall consist of the Governor and two members of the Cabinet selected by the Governor, all of whom shall serve ex officio. If a member of the commission is unable to serve for any reason, the Governor shall appoint a remaining member of the Cabinet. If there is a further vacancy, the remaining members of the commission shall agree on another elected official to fill the vacancy.

(2) The Elections Canvassing Commission shall meet at 9 a.m. on the 9th day after a primary election and at 9 a.m. on the 14th day after a general election to certify the returns of the election for each federal, state, and multicounty office. If a member of a county canvassing board that was constituted pursuant to s. 102.141 determines, within 5 days after the certification by the Elections Canvassing Commission, that a typographical error occurred in the official returns of the county, the correction of which could result in a change in the outcome of an election, the county canvassing board must certify corrected returns to the Department of State within 24 hours, and the Elections Canvassing Commission must correct and recertify the election returns as soon as practicable.
(3) The Division of Elections shall provide the staff services required by the Elections Canvassing Commission.

History:

s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 248; RGS 292; CGL 348; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 30, ch. 71-377; s. 2, ch. 77-122; s. 25, ch. 77-175; s. 6, ch. 82-143; s. 39, ch. 2001-40; s. 56, ch. 2005-277; s. 12, ch. 2010-167.

Definition [General Election]

An election held on the first Tuesday after the first Monday in November in the even-numbered years, for the purpose of filling national, state, county, and district offices and for voting on constitutional amendments not otherwise provided for by law. Fla. Stat. § 97.021(16).

Definition [Primary Election]

An election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national, state, county, or district office. Fla. Stat. § 97.021(29).

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

Case State: florida

Case Name: State ex rel. Chappell v. Martinez

Citation: 536 So.2d 1007

Year: 1988

Case URL: https://www.ravellaw.com/opinions/91f7eab86a2e96822a4d7e2b8ecc4b3c?query=536%20S[...]

Case Summary: 102.111 of the Florida Code required a recount in an election between the petitioner candidate and his opponent. This particular section of the Code requires election results to be reported within 7 days, and if the results aren't reported within that time frame, they're supposed to be ignored. One county's results did not arrive within the 7 days by mail, but they did report in time on the phone. The court held that the results should be counted since they were received on time via telephone.

Case State: florida

Case Name: Palm Beach County Canvassing Board v. Harris

Citation: 772 So.2d 1273

Year: 2000

Case URL: https://www.ravellaw.com/opinions/3c4ce04757264a65d615e374c95b9389

Case Summary: The Florida Secretary of State announced in the aftermath of the 2000 election that she would not allow manual recounts submitted after the Code-mandated deadline to change election results. The Florida Democratic Party asked the trial court to make the Secretary accept the changed election results, which it refused to do. After the case went up to the United States Supreme Court and back down to the state court system again, the Florida Supreme Court held that the recounts could continue, since not allowing them would be an abuse of the Secretary of State's discretion, especially in a presidential election.

Case State: florida

Case Name: Republican State Executive Committee v. Graham

Citation: 388 So.2d 556

Year: 1980

Case URL: https://www.ravellaw.com/opinions/8130151b0afb9a6e02475e833d51808b

Case Summary: Republican State Executive Committee v. Graham held that the statute governing candidates for nomination who were entitled to have their names printed on the official primary ballot clearly stated that if there was only one candidate, that candidate was automatically nominated for office. Further, the Governor had a legal duty to call for a special primary when the sole qualifier for a legislative seat withdrew from the race.

Federal Cases

Case Name: Siegel v. LePore

Citation: 120 F.Supp.2d 1041

Federal District Court: Southern District of Florida

Year: 2000

Case URL: https://www.ravellaw.com/opinions/534c7e31876e65328ee051494b64b93b

Case Summary: Florida voters and Republican Party candidates tried to enjoin canvassing boards from four counties from manually recounting presidential election ballots. The court denied injunctive relief because the plaintiffs had neither demonstrated a clear constitutional injury, nor had they shown fundamental unfairness in Florida's recount procedures.

Case Name: Touchston v. McDermott

Citation: 234 F.3d 1133

Federal Circuit Court: 11th Circuit Court

Year: 2000

Case URL: https://www.ravellaw.com/opinions/654c00b1d86cca2eef51b106a34708ff

Case Summary: Touchston v. McDermott held that, for the same reasons elaborated on in Siegel v. Lepore, the district court's denial of a preliminary injunction was affirmed.

Regulations & Guidance

Administrative Decisions

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 17, Canvassing returns; determination of person nominated or elected

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

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

  • Fla. Jur. 2d Elections s 187, Canvass of returns of county canvassing boards

  • Fla. Jur. 2d Elections s 188, Certificates of canvassers

  • Challenges to Punch Card Ballots and Punch Card Voting Systems, 103 A.L.R. 5th 417

  • Power to enjoin canvassing votes and declaring results of election, 1 A.L.R.2d 588

  • 0050 Surveys 6; Certification of Results – General Elections