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The Florida Statutes

The 2000 Florida Statutes

Title IX
Chapter 101
Voting Methods And Procedure
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Section 101.141, Florida Statutes 2000

101.141  Specifications for primary election ballot.--In counties in which voting machines are not used, and in other counties for use as absentee ballots not designed for tabulation by an electronic or electromechanical voting system, the primary election ballot shall conform to the following specifications:

(1)  The ballots shall be of a different color for each political party participating in the primary election. All ballots shall contain the same information as far as possible and be printed on paper of such thickness that the printing cannot be distinguished from the back.

(2)  Across the top of the ballot shall be printed, "Official Primary Ballot _____ Party" (with proper party name inserted), beneath which shall be printed the county, the precinct number, and the date of the election, except that a precinct number shall not be required for absentee ballots. Above the caption of the ballot shall be two stubs, with a perforated line between the stubs and between the lower stub and top of the ballot. Each stub shall have printed thereon: "Official Primary Ballot," below which shall appear the party name; on the left side shall be a blank line under which shall be "Signature of Voter" (only on the top stub); on the right side shall appear: "Initials of Issuing Official," above which shall be a blank line; under the party name shall appear the name of the county, the precinct number, and the date of the primary election; the stubs of all ballots for each precinct shall be prenumbered consecutively, beginning with "No. 1," and the stubs on each ballot shall bear the same number. However, a second stub shall not be required for absentee ballots.

(3)  Beneath the caption and preceding the names of candidates shall be the following words: "To vote for a candidate, mark a cross (X) in the blank space at the right of the name of the candidate for whom you desire to vote."

(4)  The ballot shall have the headings, under which appear the names of the offices and the candidates for the respective offices alphabetically arranged as to surnames, in the following order: the heading "Congressional" and thereunder the offices of United States Senator and Representative in Congress; the heading "State" and thereunder the offices of Governor and Lieutenant Governor, Secretary of State, Attorney General, Comptroller, Treasurer, Commissioner of Education, Commissioner of Agriculture, state attorney, and public defender; the heading "Legislative" and thereunder the offices of state senator and state representative; the heading "County" and thereunder clerk of the circuit court, clerk of the county court (when authorized by law), sheriff, property appraiser, tax collector, district superintendent of schools, and supervisor of elections. Thereafter follows: members of the board of county commissioners, and such other county and district offices as are involved in the primary election, in the order fixed by the Department of State, followed, in the years of their election, by "Party offices," and thereunder the offices of state and county party executive committee members. Immediately following the name of each office on the ballot shall be printed, "Vote for One." When more than one candidate is to be nominated for office, the candidates for such office shall qualify and run in a group or district. The group or district number shall be printed beneath the name of the office. The names of candidates in the respective group or district shall be arranged thereunder in alphabetical order as to surnames, and following the group or district number there shall be printed the words, "Vote for One." The name of the office shall be printed over each numbered group or district and each numbered group or district shall be clearly separated from the next numbered group or district, the same as in the case of single offices. When two or more candidates running for the same office have the same or similar surname and one candidate is currently holding that office, the word "Incumbent" shall be printed next to the incumbent's name. If in any primary election all the offices as above set forth are not involved, those offices to be filled shall be arranged on the ballot in the order named.

(5)  On each ballot stub the words, "Official Primary Ballot" and the party name, and on the caption the words, "Official Primary Ballot _____ Party," shall be in 18-point caps; the printed instruction to electors immediately preceding the offices and names of candidates shall be in 10-point type; the headings shall be in 12-point blackfaced caps; the offices, the group or district numbers, and the words, "Vote for One" shall be in 12-point upper and lower case blackfaced type; the names of candidates shall be in 10-point lightfaced caps; the lines on which are printed the candidates' names shall be at least 11/2 picas apart, and the box to the right of each candidate's name provided for the cross (X) in voting shall be 2 picas wide and 11/2 picas high.

(6)  Should the above directions for complete preparation of the ballot be insufficient, the Department of State shall determine and prescribe any additional matter or form. The Department of State shall, not less than 60 days prior to the first primary election, mail to each supervisor of elections the format of the ballot to be used for the primary election.

(7)  If the above requirements as to type, size, and kind are not possible to follow, the ballot shall be prepared to conform as closely as possible to such requirements.

History.--ss. 38, 39, ch. 6469, 1913; RGS 342, 343; CGL 399, 400; s. 7, ch. 13761, 1929; s. 1, ch. 17901, 1937; ss. 1, 2, ch. 25386, 1949; s. 5, ch. 26870, 1951; s. 2, ch. 29937, 1955; s. 1, ch. 65-52; s. 2, ch. 65-60; s. 7, ch. 65-380; s. 7, ch. 69-281; ss. 10, 35, ch. 69-106; s. 1, ch. 70-268; s. 1, ch. 71-236; s. 36, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 32, ch. 79-400; s. 8, ch. 81-304; s. 8, ch. 82-143; s. 19, ch. 89-338; s. 10, ch. 99-326.

Note.--Former ss. 102.37, 102.38.