(1) The provisions of this section apply to voters who are subject to the provisions of s. 97.0535 and who have not provided the identification or information required by s. 97.0535 by the time the vote-by-mail ballot is mailed.
(2) A voter covered by this section shall be provided with printed instructions with his or her vote-by-mail ballot in substantially the following form:
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.
1. In order to ensure that your vote-by-mail ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the date of the election. However, if you are an overseas voter casting a ballot in a presidential preference primary or general election, your vote-by-mail ballot must be postmarked or dated no later than the date of the election and received by the supervisor of elections of the county in which you are registered to vote no later than 10 days after the date of the election.
2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.
3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. If you are allowed to “Vote for One” candidate and you vote for more than one, your vote in that race will not be counted.
4. Place your marked ballot in the enclosed secrecy envelope and seal the envelope.
5. Insert the secrecy envelope into the enclosed envelope bearing the Voter’s Certificate. Seal the envelope and completely fill out the Voter’s Certificate on the back of the envelope.
a. You must sign your name on the line above (Voter’s Signature).
b. If you are an overseas voter, you must include the date you signed the Voter’s Certificate on the line above (Date) or your ballot may not be counted.
c. A vote-by-mail ballot will be considered illegal and will not be counted if the signature on the Voter’s Certificate does not match the signature on record. The signature on file at the start of the canvass of the vote-by-mail ballots is the signature that will be used to verify your signature on the Voter’s Certificate. If you need to update your signature for this election, send your signature update on a voter registration application to your supervisor of elections so that it is received before your vote-by-mail ballot is received.
6. Unless you meet one of the exemptions in Item 7., you must make a copy of one of the following forms of identification:
a. Identification which must include your name and photograph: United States passport; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; public assistance identification; veteran health identification card issued by the United States Department of Veterans Affairs; a Florida license to carry a concealed weapon or firearm; or an employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality; or
b. Identification which shows your name and current residence address: current utility bill, bank statement, government check, paycheck, or government document (excluding voter information card).
7. The identification requirements of Item 6. do not apply if you meet one of the following requirements:
a. You are 65 years of age or older.
b. You have a temporary or permanent physical disability.
c. You are a member of a uniformed service on active duty who, by reason of such active duty, will be absent from the county on election day.
d. You are a member of the Merchant Marine who, by reason of service in the Merchant Marine, will be absent from the county on election day.
e. You are the spouse or dependent of a member referred to in paragraph c. or paragraph d. who, by reason of the active duty or service of the member, will be absent from the county on election day.
f. You are currently residing outside the United States.
8. Place the envelope bearing the Voter’s Certificate into the mailing envelope addressed to the supervisor. Insert a copy of your identification in the mailing envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.
9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed.
10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.
History.—s. 23, ch. 2003-415; s. 5, ch. 2004-232; s. 49, ch. 2005-277; s. 42, ch. 2005-278; s. 22, ch. 2008-95; s. 41, ch. 2011-40; s. 16, ch. 2013-57; s. 27, ch. 2016-37; s. 4, ch. 2016-167; s. 34, ch. 2019-162.
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.