(1)(a) An election may be conducted by mail ballot if:
1. The election is a referendum election at which all or a portion of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote:
a. Counties;
b. Cities;
c. School districts covering no more than one county; or
d. Special districts;
2. The governing body responsible for calling the election and the supervisor of elections responsible for the conduct of the election authorize the use of mail ballots for the election; and
3. The Secretary of State approves a written plan for the conduct of the election, which shall include a written timetable for the conduct of the election, submitted by the supervisor of elections.
(b) In addition, an annexation referendum which includes only qualified electors of one county may also be voted on by mail ballot election.
(2) The following elections may not be conducted by mail ballot:
(a) An election at which any candidate is nominated, elected, retained, or recalled; or
(b) An election held on the same date as another election, other than a mail ballot election, in which the qualified electors of that political subdivision are eligible to cast ballots.
(3) The supervisor of elections shall be responsible for the conduct of any election held under ss. 101.6101-101.6107.
(4) The costs of a mail ballot election shall be borne by the jurisdiction initiating the calling of the election, unless otherwise provided by law.
(5) Nothing in this section shall be construed to prohibit the use of a mail ballot election in a municipal annexation referendum requiring separate vote of the registered electors of the annexing municipality and of the area proposed to be annexed. If a mail ballot election is authorized for a municipal annexation referendum, the provisions of ss. 101.6101-101.6107 shall control over any conflicting provisions of s. 171.0413.
History.—s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315.
Structure 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.
101.031 - Instructions for Electors.
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.
101.151 - Specifications for 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.
101.49 - Procedure of Election Officers Where Signatures Differ.
101.51 - Electors to Occupy Booth Alone.
101.545 - Retention and Destruction of Certain Election Materials.
101.5603 - 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.
101.56064 - 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.
101.5608 - 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.
101.6102 - 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.
101.661 - Voting Vote-by-Mail Ballots.
101.662 - Accessibility of Vote-by-Mail Ballots.
101.663 - Electors; Change of Residence to Another State.
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.
101.715 - Accessibility of Polling Places for People Having a Disability.
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.