Florida Statutes
Chapter 101 - Voting Methods and Procedure
101.049 - Provisional Ballots; Special Circumstances.


(1) Any person who votes in an election after the regular poll-closing time pursuant to a court or other order extending the statutory polling hours must 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 election official witnessing the voter’s subscription and affirmation on the Provisional Ballot Voter’s Certificate shall indicate whether or not the voter met all requirements to vote a regular ballot at the polls. All such provisional ballots shall remain sealed in their envelopes and be transmitted to the supervisor of elections.
(2) Separate and apart from all other ballots, the county canvassing board shall count all late-voted provisional ballots that the canvassing board determines to be valid.
(3) The supervisor shall ensure that late-voted provisional ballots are not commingled with other ballots during the canvassing process or at any other time they are statutorily required to be in the supervisor’s possession.
(4) This section shall not apply to voters in line at the poll-closing time provided in s. 100.011 who cast their ballots subsequent to that time.
(5) As an alternative, provisional ballots cast pursuant to this section may, and for persons with disabilities shall, be cast in accordance with the provisions of s. 101.048(4).
History.—s. 16, ch. 2003-415; s. 3, ch. 2004-5; s. 25, ch. 2005-277.

Structure Florida Statutes

Florida Statutes

Title IX - Electors and Elections

Chapter 101 - Voting Methods and Procedure

101.001 - Precincts and Polling Places; Boundaries.

101.002 - Use of System by Municipalities.

101.015 - Standards for Voting Systems.

101.017 - Bureau of Voting Systems Certification.

101.019 - Ranked-Choice Voting Prohibited.

101.021 - Elector to Vote the Primary Ballot of the Political Party in Which He or She Is Registered.

101.031 - Instructions for Electors.

101.041 - Secret Voting.

101.043 - Identification Required at Polls.

101.045 - Electors Must Be Registered in Precinct; Provisions for Change of Residence or Name.

101.048 - Provisional Ballots.

101.049 - Provisional Ballots; Special Circumstances.

101.051 - Electors Seeking Assistance in Casting Ballots; Oath to Be Executed; Forms to Be Furnished.

101.111 - Voter Challenges.

101.131 - Watchers at Polls.

101.151 - Specifications for Ballots.

101.161 - Referenda; Ballots.

101.171 - Copy of Constitutional Amendment to Be Available at Voting Locations.

101.20 - Publication of Ballot Form; Sample Ballots.

101.21 - Official Ballots; Number; Printing; Payment.

101.23 - Election Inspector to Keep List of Those Voting.

101.24 - Ballot Boxes and Ballots.

101.2512 - Candidates’ Names on General Election Ballots.

101.2515 - Translation of Ballot Language.

101.252 - Candidates Entitled to Have Names Printed on Certain Ballots; Exception.

101.254 - When Nominated Names to Appear in Groups or Districts.

101.292 - Definitions; Ss. 101.292-101.295.

101.293 - Competitive Sealed Bids and Proposals Required.

101.294 - Purchase and Sale of Voting Equipment.

101.295 - Penalties for Violation.

101.34 - Custody of Voting System.

101.341 - Prohibited Activities by Voting System Custodians and Deputy Custodians.

101.43 - Substitute Ballot.

101.49 - Procedure of Election Officers Where Signatures Differ.

101.51 - Electors to Occupy Booth Alone.

101.545 - Retention and Destruction of Certain Election Materials.

101.5601 - Short Title.

101.5602 - Purpose.

101.5603 - Definitions Relating to Electronic Voting Systems Act.

101.5604 - Adoption of System; Procurement of Equipment; Commercial Tabulations.

101.56042 - Punch Card Type Systems Prohibited.

101.5605 - Examination and Approval of Equipment.

101.5606 - Requirements for Approval of Systems.

101.56062 - Standards for Accessible Voting Systems.

101.56063 - Accessibility of Voting Systems and Polling Places; Intent; Eligibility for Federal Funding.

101.56064 - Application for Federal Funds Under Ch. 2002-281.

101.56065 - Voting System Defects; Disclosure; Investigations; Penalties.

101.5607 - Department of State to Maintain Voting System Information; Prepare Software.

101.56075 - Voting Methods.

101.5608 - Voting by Electronic or Electromechanical Method; Procedures.

101.5610 - Inspection of Ballot by Election Board.

101.5611 - Instructions to Electors.

101.5612 - Testing of Tabulating Equipment.

101.5613 - Examination of Equipment During Voting.

101.5614 - Canvass of Returns.

101.572 - Public Inspection of Ballots.

101.58 - Supervising and Observing Registration and Election Processes.

101.591 - Voting System Audit.

101.5911 - Rulemaking Authority for Voting System Audit Procedures.

101.595 - Analysis and Reports of Voting Problems.

101.6101 - Short Title.

101.6102 - Mail Ballot Elections; Limitations.

101.6103 - Mail Ballot Election Procedure.

101.6104 - Challenge of Votes.

101.6105 - Vote-by-Mail Voting.

101.6106 - Application of Other Election Laws.

101.6107 - Department of State to Adopt Rules.

101.62 - Request for Vote-by-Mail Ballots.

101.64 - Delivery of Vote-by-Mail Ballots; Envelopes; Form.

101.65 - Instructions to Absent Electors.

101.655 - Supervised Voting by Absent Electors in Certain Facilities.

101.657 - Early Voting.

101.661 - Voting Vote-by-Mail Ballots.

101.662 - Accessibility of Vote-by-Mail Ballots.

101.663 - Electors; Change of Residence to Another State.

101.665 - Administration of Oaths; Military Personnel, Federal Employees, and Other Absentee Registrants.

101.67 - Safekeeping of Mailed Ballots; Deadline for Receiving Vote-by-Mail Ballots.

101.68 - Canvassing of Vote-by-Mail Ballot.

101.69 - Voting in Person; Return of Vote-by-Mail Ballot.

101.6921 - Delivery of Special Vote-by-Mail Ballot to Certain First-Time Voters.

101.6923 - Special Vote-by-Mail Ballot Instructions for Certain First-Time Voters.

101.6925 - Canvassing Special Vote-by-Mail Ballots.

101.694 - Mailing of Ballots Upon Receipt of Federal Postcard Application.

101.6951 - State Write-in Vote-by-Mail Ballot.

101.6952 - Vote-by-Mail Ballots for Absent Uniformed Services and Overseas Voters.

101.697 - Electronic Transmission of Election Materials.

101.698 - Absentee Voting in Emergency Situations.

101.71 - Polling Place.

101.715 - Accessibility of Polling Places for People Having a Disability.

101.731 - Short Title.

101.732 - Definitions Relating to Elections Emergency Act.

101.733 - Election Emergency; Purpose; Elections Emergency Contingency Plan.

101.74 - Temporary Change of Polling Place in Case of Emergency.

101.75 - Municipal Elections; Change of Dates for Cause.