§ 101.048 Provisional ballots.
Overview of Statute
(1) At all elections, a voter claiming to be properly registered in the state and eligible to vote at the precinct in the election but whose eligibility cannot be determined, a person whom an election official asserts is not eligible, and other persons specified in the code shall be entitled to vote a provisional ballot. Once voted, the provisional ballot shall be placed in a secrecy envelope and thereafter sealed in a provisional ballot envelope. The provisional ballot shall be deposited in a ballot box. All provisional ballots shall remain sealed in their envelopes for return to the supervisor of elections. The department shall prescribe the form of the provisional ballot envelope. A person casting a provisional ballot shall have the right to present written evidence supporting his or her eligibility to vote to the supervisor of elections by not later than 5 p.m. on the second day following the election.
(3) The Provisional Ballot Voter’s Certificate and Affirmation shall be in substantially the following form:
STATE OF FLORIDA
I do solemnly swear (or affirm) that my name is ; that my date of birth is ; that I am registered and qualified to vote in County, Florida; that I am registered in the Party; that I am a qualified voter of the county; and that I have not voted in this election. I understand that if I commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years.
(Signature of Voter)
(Current Residence Address)
(Current Mailing Address)
(City, State, Zip Code)
(Driver License Number or Last Four Digits of Social Security Number)
Sworn to and subscribed before me this day of , (year) .
Precinct # Ballot Style/Party Issued:
s. 35, ch. 2001-40; s. 6, ch. 2002-17; s. 15, ch. 2003-415; s. 24, ch. 2005-277; s. 32, ch. 2005-278; s. 27, ch. 2007-30.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Voting System
4. Definition for 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).
5. Definition for 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).
6. Definition for Secrecy Envelope
As used in the Electronic Voting Systems Act, secrecy envelope means an opaque device, used for enclosing a marked ballot, which conceals the voter’s choices.
7. Definition for Provisional Ballot
A conditional ballot, the validity of which is determined by the canvassing board.
8. Definition for Persons with Disabilities
Individuals who have a physical or mental impairment that substantially limits one or more major life activities. Fla. Stat. § 97.021(26).
9. Definition for Issue
A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).
10. Definition for 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).
11. Definition for 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).
12. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: American Federation of Labor and Congress of Industrial Organizations v. Hood
Citation: 885 So.2d 373
Case Summary: AFL-CIO v. Hood held that the precinct-specific provision of s.101.048 was constitutional, as there was no unreasonable or unnecessary restraint on the electoral process.
Case Name: Florida v. U.S.
Citation: 885 F. Supp. 2d 299
Federal District Court: D.D.C.
Case URL: https://perma.cc/TS63-HLXB
Case Summary: Not preclearing Florida's early voting changes under § 5 of the Voting Rights Act, because the State failed to satisfy its burden of proving that those changes would not have a retrogressive effect on minority voters. The changes required only a minimum number of early voting hours, and that number represented about half of the hours required under the prior law.
Case Name: Florida State Conference of N.A.A.C.P. v. Browning
Citation: 522 F.3d 1153
Federal Circuit Court: 11th Circuit Court
Case Summary: Florida State Conference of the NAACP v. Browning held that Florida Code § 97.053(6) was not preempted by HAVA.
Case Name: Sandusky County Democratic Party v. Blackwell
Citation: 387 F.3d 565
Federal Circuit Court: 6th Circuit Court
Case Summary: Sandusky County Democratic Party v. Blackwell held that a provisional ballot cast in a precinct where the voter does not live and would not be valid under state law are not required by HAVA to be considered legal votes.
Case Name: Florida Democratic Party v. Hood
Citation: 342 F.Supp.2d 1073
Federal District Court: Northern District of Florida
Case Summary: Florida Democratic Party v. Hood held that the Florida Democratic Party had standing to sue on behalf of voters who would be denied the chance to cast provisional ballots; that HAVA did not require ballots cast in wrong precincts to be counted; that HAVA did require that voters who thought they were registered be given the chance to cast provisional ballots; and that requirements for issuing a preliminary injunction requiring the distribution of provisional ballots were satisfied, after the Party sued Florida, seeking a preliminary injunction preventing election workers from denying provisional ballots to prospective voters who they believed were not registered.
Regulations & Guidance
Fla. Jur. 2d Elections s 153, Voting instructions
Fla. Jur. 2d Elections s 154, Poll watchers; challenges
Fla. Jur. 2d Elections s 155, Provisional ballots
Fla. Jur. 2d Elections s 156, Provisional ballots-Special circumstances
Fla. Jur. 2d Elections s 164, Casting ballots