§ 101.151 Specifications for ballots.
Overview of Statute
(a) Marksense ballots shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall meet the specifications of the voting system that will be used to tabulate the ballots.
(a) The ballot must include the following office titles above the names of the candidates for the respective offices in the following order:
(a) The Department of State shall adopt rules prescribing a uniform primary and general election ballot for each certified voting system. The rules shall incorporate the requirements set forth in this section and shall prescribe additional matters and forms that include, without limitation:
s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL 320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 3, ch. 29937, 1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 8, ch. 65-380; s. 1, ch. 65-52; s. 2, ch. 65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281; s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 33, ch. 79-400; s. 6, ch. 81-105; s. 11, ch. 81-304; s. 9, ch. 82-143; s. 20, ch. 89-338; s. 556, ch. 95-147; s. 14, ch. 99-318; s. 11, ch. 99-326; s. 14, ch. 99-355; s. 7, ch. 2001-40; s. 7, ch. 2002-17; s. 29, ch. 2005-277; s. 5, ch. 2007-30; s. 28, ch. 2011-40; s. 5, ch. 2013-57; s. 6, ch. 2013-109; s. 10, ch. 2016-37.
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 Provisional Ballot
A conditional ballot, the validity of which is determined by the canvassing board.
7. Definition for Unopposed Candidate
A candidate for nomination or election to an office who, after the last day on which a person, including a write-in candidate, may qualify, is without opposition in the election at which the office is to be filled or who is without such opposition after such date as a result of a primary election or of withdrawal by other candidates seeking the same office. A candidate is not an unopposed candidate if there is a vacancy to be filled under s. 100.111(3), if there is a legal proceeding pending regarding the right to a ballot position for the office sought by the candidate, or if the candidate is seeking retention as a justice or judge. Fla. Stat. § 106.011(18).
8. 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).
9. Definition for 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).
10. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
11. Definition for Candidate
Any person to whom any one or more of the following applies:
Case Name: Fladell v. Palm Beach County Canvassing Bd.
Citation: 772 So.2d 1240
Case Summary: Fladell v. Palm Beach County Canvassing Board held that in order to void an election, ballot form defects generally had to cause the ballot to be in substantial noncompliance with election statutes.
Case Name: Nikolits v. Nicosia
Citation: 682 So.2d 663
Case Summary: Nikolits v. Nicosia held that the use of the designation of incumbent was only allowed to prevent confusion on primary ballots. On the general election ballot, candidate party affiliations were to be listed to avoid similar confusion.
Case Name: Smith v. Smathers
Citation: 372 So.2d 427
Case Summary: Smith v. Smathers held that the statutes repealing the procedure for write-in candidates were unconstitutional to the extent that they repealed the statutes permitting write-in candidacies.
Case Name: Beller v. Adams
Citation: 235 So.2d 502
Case Summary: Beller v. Adams held that requiring state-wide minor political party candidates or independent candidates to file petitions with at least 5% of signatures of registered qualified voters of the state before printing the candidate’s name on the general election ballot was not unreasonable, but the deadline of January 1 to obtain a place on the ballot in November of the same year was unreasonable and therefore void.
Regulations & Guidance
Fla. Jur. 2d Elections s 125, Generally
Fla. Jur. 2d Elections s 130, Primary election ballots
Fla. Jur. 2d Elections s 131, Generally
Fla. Jur. 2d Elections s 132, Office titles
Fla. Jur. 2d Elections s 133, Multiple candidates nominated for office
Fla. Jur. 2d Elections s 134, Order
Fla. Jur. 2d Elections s 146, Performance of voting system
Fla. Jur. 2d Elections s 189, Generally; vote necessary to constitute choice
“Ballot Design As Fail-Safe: An Ounce of Rotation is Worth a Pound of Litigation” 12 Election L.J. 18
“Election by Lottery: Ballot Order, Equal Protection, and the Irrational Voter” 13 N.Y.U. J. Legis. & Pub. Pol’y 373