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

§ 102.151 County canvassing board to issue certificates; supervisor to give notice to Department of State.

Overview of Statute

This statute states that the county canvassing board is responsible for creating and signing duplicate certificates for each election. One copy is sent to the Department of State and the other is filed with the supervisor of elections.

 

Statute

The county canvassing board shall make and sign duplicate certificates containing the total number of votes cast for each person nominated or elected, the names of persons for whom such votes were cast, and the number of votes cast for each candidate or nominee. One of such certificates which relates to offices for which the candidates or nominees have been voted for in more than one county shall be immediately transmitted to the Department of State, and the second copy filed in the supervisor’s office. The supervisor shall transmit to the Department of State, immediately after the county canvassing board has canvassed the returns of the election, a list containing the names of all county and district officers nominated or elected, the office for which each was nominated or elected, and the mailing address of each.

History:

s. 47, ch. 6469, 1913; RGS 351; CGL 408; s. 12, ch. 13761, 1929; s. 5, ch. 25388, 1949; s. 6, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 27, ch. 77-175; s. 31, ch. 89-338.

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).

Definition [Candidate]

Any person to whom any one or more of the following applies:

(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) Any person who files qualification papers and subscribes to a candidate’s oath as required by law.
This definition does not include any candidate for a political party executive committee. Fla. Stat. § 97.021(6).

Cases

Florida Cases

Out-of-State Cases

Case State: florida

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.

Federal Cases

Regulations & Guidance

Additional Resources

Further Reading

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

  • ELUII Florida Bar Continuing Legal Education Materials 22-1, Special Tax Districts

  • 0050 Surveys 7, Certification of Results – Primary Elections

  • 0050 Surveys 6; Certification of Results – General Elections