§ 102.111 Elections Canvassing Commission.
Overview of Statute
This statute provides an overview of the Elections Canvassing Commission’s members and duties.
(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.
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.
The number of days between election day and the certification day is important, in part, to support persons serving in the military. Persons serving in the military may mail their ballots from military bases up to and including Election Day. Ballots postmarked up to and including Election Day are counted provided that they are mailed from military bases. All other ballots cast by persons voting by mail must be delivered to the appropriate supervisor of elections no later than the time that polling ends on Election Day. The difference is important: persons serving in the military sending ballots from military bases may have their ballots postmarked up to and including Election Day. All other persons voting by mail whether in the United States or anywhere in the world must ensure that their ballots are received no later than 7pm on Election Day regardless of the postmark date.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. 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).
3. 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).
4. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
5. 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: State ex rel. Chappell v. Martinez
Citation: 536 So.2d 1007
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 Name: Palm Beach County Canvassing Board v. Harris
Citation: 772 So.2d 1273
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 Name: Republican State Executive Committee v. Graham
Citation: 388 So.2d 556
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.
Case Name: Siegel v. LePore
Citation: 120 F.Supp.2d 1041
Federal District Court: Southern District of Florida
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
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
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