(1)(a) The supervisor shall enclose with each vote-by-mail ballot two envelopes: a secrecy envelope, into which the absent elector shall enclose his or her marked ballot; and a mailing envelope, into which the absent elector shall then place the secrecy envelope, which shall be addressed to the supervisor and also bear on the back side a certificate in substantially the following form:
Note: Please Read Instructions Carefully BeforeMarking Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I, , do solemnly swear or affirm that I am a qualified and registered voter of County, Florida, and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt to commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also understand that failure to sign this certificate will invalidate my ballot.
(Date) (Voter’s Signature)
(E-Mail Address) (Home Telephone Number)
(Mobile Telephone Number)
(b) Each return mailing envelope must bear the absent elector’s name and any encoded mark used by the supervisor’s office.
(c) A mailing envelope or secrecy envelope may not bear any indication of the political affiliation of an absent elector.
(2) The certificate shall be arranged on the back of the mailing envelope so that the line for the signature of the absent elector is across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the voter must cross the seal of the envelope. The absent elector shall execute the certificate on the envelope.
(3) In lieu of the voter’s certificate provided in this section, the supervisor of elections shall provide each person voting absentee under the Uniformed and Overseas Citizens Absentee Voting Act with the standard oath prescribed by the presidential designee.
(4) The supervisor shall mark, code, indicate on, or otherwise track the precinct of the absent elector for each vote-by-mail ballot.
(5) The secrecy envelope must include, in bold font, substantially the following message:
IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON AS POSSIBLE.
History.—s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 34, ch. 28156, 1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s. 33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105; s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch. 79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch. 86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53, ch. 2001-40; s. 19, ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch. 2005-278; s. 17, ch. 2016-37; s. 16, ch. 2019-162; s. 26, ch. 2021-11.
Note.—Former s. 101.04.
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.