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

§ 102.121 Elections Canvassing Commission to issue certificates.

Overview of Statute

This statute states that the Elections Canvassing Commission is responsible for creating and signing certificates of the result of each election. The certificates are kept in the Department of State.

Statute

The Elections Canvassing Commission shall make and sign separate certificates of the result of the election for federal and state officers, which certificates shall be written and contain the total number of votes cast for each person for each office. The certificates, the one including the result of the election for presidential electors and representatives to Congress, and the other including the result of the election for state officers, shall be recorded in the Department of State in a book to be kept for that purpose.

History:

s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 250; RGS 294; CGL 350; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 25, ch. 77-175.

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 [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).

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: 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.

Additional Resources

Further Reading

  • 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 188, Certificates of canvassers

  • 0050 Surveys 6; Certification of Results – General Elections