Fla. Stat. 101.6103
Mail ballot election procedure


(1)

Except as otherwise provided in subsection (7), the supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each elector entitled to vote in the election within the timeframes specified in s. 101.62(3). All such ballots must be mailed by first-class mail. Ballots must be addressed to each elector at the address appearing in the registration records and placed in an envelope which is prominently marked “Do Not Forward.”

(2)

Upon receipt of the ballot the elector shall mark the ballot, place it in the secrecy envelope, sign the return mailing envelope supplied with the ballot, and comply with the instructions provided with the ballot. The elector shall mail, deliver, or have delivered the marked ballot so that it reaches the supervisor of elections no later than 7 p.m. on the day of the election. The ballot must be returned in the return mailing envelope.

(3)

The return mailing envelope shall contain a statement in substantially the following form:

VOTER’S CERTIFICATE

I, (Print Name) , do solemnly swear (or affirm) that I am a qualified voter in this election and that I have not and will not vote more than one ballot in this election.

I understand that failure to sign this certificate and give my residence address will invalidate my ballot.

(Signature)

(Residence Address)

(4)

If the ballot is destroyed, spoiled, lost, or not received by the elector, the elector may obtain a replacement ballot from the supervisor of elections as provided in this subsection. An elector seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and present such statement to the supervisor of elections prior to 7 p.m. on the day of the election. The supervisor of elections shall keep a record of each replacement ballot provided under this subsection.

(5)

A ballot shall be counted only if:It is returned in the return mailing envelope;The elector’s signature has been verified as provided in this subsection; andIt is received by the supervisor of elections not later than 7 p.m. on the day of the election.

The supervisor of elections shall verify the signature of each elector on the return mailing envelope with the signature on the elector’s registration records. Such verification may commence at any time prior to the canvass of votes. The supervisor of elections shall safely keep the ballot unopened in his or her office until the county canvassing board canvasses the vote. If the supervisor of elections determines that an elector to whom a replacement ballot has been issued under subsection (4) has voted more than once, the canvassing board shall determine which ballot, if any, is to be counted.

(a)

It is returned in the return mailing envelope;

(b)

The elector’s signature has been verified as provided in this subsection; and

(c)

It is received by the supervisor of elections not later than 7 p.m. on the day of the election.

(6)

The canvassing board may begin the canvassing of mail ballots as provided by s. 101.68(2)(a). The criminal penalty specified in that paragraph for the release of results before 7 p.m. on election day is also applicable to canvassing conducted under this act.

(7)

With respect to absent electors overseas entitled to vote in the election, the supervisor of elections shall mail an official ballot with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each such elector on a date sufficient to allow such elector time to vote in the election and to have his or her marked ballot reach the supervisor by 7 p.m. on the day of the election.

(8)

A ballot that otherwise satisfies the requirements of subsection (5) shall be counted even if the elector dies after mailing the ballot but before election day, as long as, prior to the death of the voter, the ballot was:Postmarked by the United States Postal Service;Date-stamped with a verifiable tracking number by common carrier; orAlready in the possession of the supervisor of elections.

(a)

Postmarked by the United States Postal Service;

(b)

Date-stamped with a verifiable tracking number by common carrier; or

(c)

Already in the possession of the supervisor of elections.

Source: Section 101.6103 — Mail ballot election procedure, https://www.­flsenate.­gov/Laws/Statutes/2024/0101.­6103 (accessed Aug. 7, 2025).

101.001
Precincts and polling places
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
101.20
Publication of ballot form
101.21
Official ballots
101.021
Elector to vote the primary ballot of the political party in which he or she is registered
101.23
Election inspector to keep list of those voting
101.24
Ballot boxes and ballots
101.031
Instructions for electors
101.34
Custody of voting system
101.041
Secret voting
101.43
Substitute ballot
101.043
Identification required at polls
101.045
Electors must be registered in precinct
101.048
Provisional ballots
101.49
Procedure of election officers where signatures differ
101.049
Provisional ballots
101.51
Electors to occupy booth alone
101.051
Electors seeking assistance in casting ballots
101.58
Supervising and observing registration and election processes
101.62
Request for vote-by-mail ballots
101.64
Delivery of vote-by-mail ballots
101.65
Instructions to absent electors
101.67
Safekeeping of mailed ballots
101.68
Canvassing of vote-by-mail ballot
101.69
Voting in person
101.71
Polling place
101.74
Temporary change of polling place in case of emergency
101.75
Municipal elections
101.111
Voter challenges
101.131
Watchers at polls
101.151
Specifications for ballots
101.161
Referenda
101.171
Copy of constitutional amendment to be available at voting locations
101.252
Candidates entitled to have names printed on certain ballots
101.254
When nominated names to appear in groups or districts
101.292
Definitions
101.293
Competitive sealed bids and proposals required
101.294
Purchase and sale of voting equipment
101.295
Penalties for violation
101.341
Prohibited activities by voting system custodians and deputy custodians
101.545
Retention and destruction of certain election materials
101.572
Public inspection of ballots
101.591
Voting system audit
101.595
Analysis and reports of voting problems
101.655
Supervised voting by absent electors in certain facilities
101.657
Early voting
101.661
Voting vote-by-mail ballots
101.662
Accessibility of vote-by-mail ballots
101.663
Electors
101.665
Administration of oaths
101.694
Mailing of ballots upon receipt of federal postcard application
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
101.731
Short title
101.732
Definitions relating to Elections Emergency Act
101.733
Election emergency
101.2512
Candidates’ names on general election ballots
101.2515
Translation of ballot language
101.5601
Short title
101.5602
Purpose
101.5603
Definitions relating to Electronic Voting Systems Act
101.5604
Adoption of system
101.5605
Examination and approval of equipment
101.5606
Requirements for approval of systems
101.5607
Department of State to maintain voting system information
101.5608
Voting by electronic or electromechanical method
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
101.5911
Rulemaking authority for voting system audit procedures
101.6101
Short title
101.6102
Mail ballot elections
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
101.6921
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
101.6951
State write-in vote-by-mail ballot
101.6952
Vote-by-mail ballots for absent uniformed services and overseas voters
101.56042
Punch card type systems prohibited
101.56062
Standards for accessible voting systems
101.56063
Accessibility of voting systems and polling places
101.56064
Application for federal funds under ch. 2002-281
101.56065
Voting system defects
101.56075
Voting methods

Current through Fall 2025

§ 101.6103. Mail ballot election procedure's source at flsenate​.gov