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Florida > The Florida Election Code > Voting Methods And Procedure

§ 101.041 Secret voting.

Overview of Statute

This statute states that in all elections, voting is to be done by secret, official ballot. No votes are to be counted except as provided by the Florida Election Code.

Statute

In all elections held on any subject which may be submitted to a vote, and for all or any state, county, district, or municipal officers, the voting shall be by secret, official ballot as provided by this code, and no vote shall be received or counted in any election, except as prescribed by this code.

History:

s. 24, ch. 3879, 1889; RS 178; s. 28, ch. 4328, 1895; GS 210; RGS 254; CGL 310; s. 3, ch. 17898, 1937; s. 5, ch. 26870, 1951; s. 13, ch. 77-175; s. 15, ch. 2008-95.

1. Definition for Ballot

Definition [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).

2. Definition for Election

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

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.

Out-of-State Cases

Federal Cases

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 121, Generally

  • Fla. Jur. 2d Elections s 157, Secrecy in voting

  • Fla. Jur. 2d Elections s 164, Casting ballots