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The Florida Statutes

The 2000 Florida Statutes

Title IX
Chapter 101
Voting Methods And Procedure
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Section 101.5609, Florida Statutes 2000

101.5609  Ballot requirements.--

(1)  When an electronic or electromechanical voting system utilizes a ballot card or paper ballot which is distributed to electors, the ballot shall meet the following requirements:

(a)  The ballot shall have at least two stubs. Stub number one shall have the ballot serial number on it. Stub number two, the stub adjacent to the ballot card, shall have the official title of the election with the name of the county and state on it and may be long enough to cover the ballot to provide secrecy after the ballot has been marked. The ballot serial number may also be on stub number two.

(b)  Ballots to be used in the precincts shall be assembled in pads so that stub number one will remain on the ballot pad and stub number two will go with the ballot. On absentee ballots, stub number one shall be retained by the supervisor and stub number two may be retained by the supervisor or sent with the ballot.

(2)  The ballot information shall, as far as practicable, be in the order of arrangement provided for paper ballots. Ballots for all questions or propositions to be voted on shall be provided in the same manner and shall be arranged on or in the voting device, if necessary, in the places provided for such purposes.

(3)  When an electronic voting system utilizes a ballot information booklet for candidates and propositions to be voted upon, such ballot information may be provided with a series of pages distinguished by different colors. More than one public measure or proposition may be placed on the same page or series of pages.

(4)  In a primary election, a separate ballot shall be used for each political party holding a primary. One ballot may be used for recording the voter's vote on all races, proposals, public measures, or propositions to be voted upon on the day of the primary election.

(5)  If the ballot information booklet includes pages containing candidates for office and pages containing public measures or propositions to be voted on, the election official in charge of the election shall divide the pages by protruding tabs identifying the division of the pages which relate to candidates, constitutional amendments, bond referenda, or other propositions.

(6)  Voting squares may be placed in front of or in back of the names of candidates and statements of questions and shall be of such size as is compatible with the type of system used. Ballots and ballot information shall be printed in a size and style of type as plain and clear as the ballot spaces reasonably permit. Tear-off stubs shall be of a size suitable for the ballots used and for the requirements of the voting device. The ballots may contain special printed marks and holes as required for proper positioning and reading of the ballots by the automatic tabulating equipment. When ballots are bound into pads, they may be bound at the top or bottom or at either side. In the case of the paper ballots, all offices and questions may be printed on the same sheet of paper.

(7)(a)  Absentee ballots may consist of ballot cards, envelopes, or paper ballots voted in person in the office of the election official in charge of the election, voted by mail, or delivered as provided in s. 101.62(4).

(b)  When a ballot card is used for voting by mail, it shall be accompanied by a marking device, if necessary; voter instructions; a secrecy envelope which will maintain the secrecy of a marked ballot; a mailing envelope; a specimen ballot, if necessary, showing the proper positions to vote on the ballot card for each party, candidate, proposal, public measure, or proposition; and any other item needed by the elector to cast his or her vote.

(c)  The voted absentee ballot shall be placed in a secrecy envelope before being placed in the mailing envelope on which the voter's certificate is printed.

(d)  In any election in which a write-in candidate has qualified, the supervisor of elections shall provide for write-in voting by absent electors pursuant to rules adopted by the Division of Elections.

(8)  The Department of State shall adopt rules prescribing standards for ballots used in electronic or electromechanical voting systems. Such standards shall ensure that ballots are counted in a uniform and consistent manner and shall include, without limitation, standards for the:

(a)  Physical characteristics of ballots;

(b)  Physical characteristics of ink for ballots;

(c)  Printing of ballots; and

(d)  Scoring of ballots.

History.--s. 9, ch. 73-156; s. 21, ch. 77-175; s. 38, ch. 79-400; s. 13, ch. 84-302; s. 3, ch. 86-200; s. 25, ch. 89-338; s. 12, ch. 89-348; s. 580, ch. 95-147; s. 2, ch. 96-57.