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Florida Statute 97.012 - Full Text and Legal Analysis
Florida Statute 97.012 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS
View Entire Chapter
97.012 Secretary of State as chief election officer.The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:
(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws. In order to obtain and maintain uniformity in the interpretation and implementation of the election laws, the Department of State may, pursuant to ss. 120.536(1) and 120.54, adopt by rule uniform standards for the proper and equitable interpretation and implementation of the requirements of chapters 97 through 102 and 105 of the Election Code.
(2) Provide uniform standards for the proper and equitable implementation of the registration laws by administrative rule of the Department of State adopted pursuant to ss. 120.536(1) and 120.54.
(3) Actively seek out and collect the data and statistics necessary to knowledgeably scrutinize the effectiveness of election laws.
(4) Provide technical assistance to the supervisors of elections on voter education and election personnel training services.
(5) Provide technical assistance to the supervisors of elections on voting systems.
(6) Provide voter education assistance to the public.
(7) Coordinate the state’s responsibilities under the National Voter Registration Act of 1993.
(8) Provide training to all affected state agencies on the necessary procedures for proper implementation of this chapter.
(9) Ensure that all registration applications and forms prescribed or approved by the department are in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993.
(10) Coordinate with the United States Department of Defense so that armed forces recruitment offices administer voter registration in a manner consistent with the procedures set forth in this code for voter registration agencies.
(11) Create and administer a statewide voter registration system as required by the Help America Vote Act of 2002. The secretary may delegate voter registration duties and records maintenance activities to voter registration officials. Any responsibilities delegated by the secretary shall be performed in accordance with state and federal law.
(12) Maintain a voter fraud hotline and provide election fraud education to the public.
(13) Designate an office within the department to be responsible for providing information regarding voter registration procedures and vote-by-mail ballot procedures to absent uniformed services voters and overseas voters.
(14) Bring and maintain such actions at law or in equity by mandamus or injunction to enforce the performance of any duties of a county supervisor of elections or any official performing duties with respect to chapters 97 through 102 and 105 or to enforce compliance with a rule of the Department of State adopted to interpret or implement any of those chapters.
(a) Venue for such actions shall be in the Circuit Court of Leon County.
(b) When the secretary files an action under this section and not more than 60 days remain before an election as defined in s. 97.021, or during the time period after the election and before certification of the election pursuant to s. 102.112 or s. 102.121, the court, including an appellate court, shall set an immediate hearing, giving the case priority over other pending cases.
(c) Prior to filing an action to enforce performance of the duties of the supervisor of elections or any official described in this subsection, the secretary or his or her designee first must confer, or must make a good faith attempt to confer, with the supervisor of elections or the official to ensure compliance with chapters 97 through 102 and 105 or the rules of the Department of State adopted under any of those chapters.
(15) Conduct preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate petition, or issue petition activities and report his or her findings to the statewide prosecutor or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if warranted. The Department of State may prescribe by rule requirements for filing an elections-fraud complaint and for investigating any such complaint.
(16) Provide written direction and opinions to the supervisors of elections on the performance of their official duties with respect to the Florida Election Code or rules adopted by the Department of State.
(17) Provide mandatory formal signature matching training to supervisors of elections and county canvassing board members. Any person whose duties require verification of signatures must undergo signature matching training. The department shall adopt rules governing signature matching procedures and training.
History.s. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s. 2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch. 2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278; s. 1, ch. 2008-95; s. 1, ch. 2011-40; s. 1, ch. 2016-37; s. 1, ch. 2019-162; s. 1, ch. 2023-120.

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Amendments to 97.012


Annotations, Discussions, Cases:

Cases Citing Statute 97.012

Total Results: 36  |  Sort by: Relevance  |  Newest First

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Democratic Exec. Comm. of Florida v. Laurel M. Lee, 915 F.3d 1312 (11th Cir. 2019).

Cited 54 times | Published | Court of Appeals for the Eleventh Circuit

for prospective injunctive relief. Fla. Stat. § 97.012 (2016) ; Fla. Democratic Party , 2016 WL 6090943
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Socialist Workers Party v. Leahy, 145 F.3d 1240 (11th Cir. 1998).

Cited 52 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 15041, 1998 WL 374949

...I. The Secretary of State of Florida acts as the "chief election officer of the state" and bears the responsibility for the "general supervision and administration of the election laws...." Sections 97.012 & 15.13, Fla....
...Moreover, despite the Secretaries' disavowal of their authority to enforce the bonding requirement, we find now, as we did in ACLU, that a credible threat of application remains. As previously noted, the Secretary of State serves as the "chief election officer of the state." Section 97.012, Fla....
...ACLU plaintiff, the representations of the two Secretaries of State involved in this case that they would not enforce the bonding requirement would not bind future Secretaries of State.6 Thus, based on the two Secretaries' actions in this matter, as well as Sections 97.012 and 15.13, Fla....
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Socialist Workers Party v. Leahy, 145 F.3d 1240 (11th Cir. 1998).

Cited 43 times | Published | Court of Appeals for the Eleventh Circuit

...I. The Secretary of State of Florida acts as the “chief election officer of the state” and bears the responsibility for the “general supervision and administration of the election laws . . . .” Sections 97.012 & 15.13, Fla....
... disavowal of their authority to enforce the bonding requirement, we find now, as we did in ACLU, that a credible threat of application remains. As previously noted, the Secretary of State serves as the “chief election officer of the state.” Section 97.012, Fla....
...presentations of the two Secretaries of State involved in this case that they would not enforce the bonding requirement would not bind future Secretaries of State.6 Thus, based on the two Secretaries’ actions in this matter, as well as Sections 97.012 and 15.13, Fla....
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Florida Dept. of State v. Martin, 916 So. 2d 763 (Fla. 2005).

Cited 37 times | Published | Supreme Court of Florida | 2005 WL 3005562

...The Department concedes that section 101.253(2) does not set forth any standards or guidelines to limit or regulate the decision to grant or deny a candidate's request to withdraw after the forty-second day before an election. The Department asserts, however, that section 97.012, Florida Statutes (2004), which delineates the responsibilities of the Secretary of State, limits the Department's discretion under section 101.253(2). Specifically, the Department asserts that section 97.012 appoints the Secretary of State as the chief elections officer and obligates the Secretary to obtain and maintain uniformity in the application, operation, and interpretation of the *772 election laws....
...ections. We reject the Department's assertions. Section 101.253(2) affords discretion to determine whether to permit a candidate to withdraw solely to the Department, not the Secretary of State. Thus, the responsibilities imposed on the Secretary by section 97.012 are inapplicable to the Department in the exercise of its discretion under section 101.253(2). Even assuming that the Department's discretion is limited by the requirement for orderly elections provided in section 97.012, this requirement does not set forth adequate standards to guide the Department under article II, section 3....
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Advisory Opinion Re Term Limits Pledge, 718 So. 2d 798 (Fla. 1998).

Cited 29 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 505, 1998 Fla. LEXIS 1893, 1998 WL 682524

...Article VI, which specifically addresses elections, provides that "elections shall ... be regulated by law." Art. VI, § 1, Fla. Const. Thus, presently the Florida Statutes, not the Florida Constitution, establish the Secretary of State as "the chief election officer of the state." § 97.012, Fla....
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Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000).

Cited 11 times | Published | Supreme Court of Florida | 2000 WL 1725434

...Code. And finally, when the Legislature enacted the Code in 1951, it envisioned that all votes cast during a particular election, including absentee ballots, would be submitted to the Department at one time and would be treated in a uniform fashion. Section 97.012(1) states that it is the Secretary's responsibility to "[o]btain and maintain uniformity in the application, operation, and interpretation of the election laws." Chapter 101 provides that all votes, including absentee ballots, must be received by the Supervisor no later than 7 p.m....
...is brother, Texas Governor George W. Bush, is the Republican candidate for President of the United States. Robert Crawford, Florida Commissioner or Agriculture, has been appointed to replace Florida Governor Jeb Bush. See § 102.111, Fla. Stat. [18] § 97.012, Fla....
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Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111

...The Florida Legislature has enacted the Election Code. Chapters 97 to 106, Florida Statutes (2006), constitute the Election Code. See § 97.011. Its expressed intent is to "[o]btain and maintain uniformity in the interpretation and implementation of the election laws." § 97.012(1)....
...Chapter 103 addresses presidential electors, political parties, and executive committees and members, while chapter 104 provides penalties for violations of the Election Code. Chapter 105 addresses nonpartisan elections, and chapter 106 regulates campaign financing. Moreover, pursuant to section 97.012(1), which grants the Secretary of State authority to "adopt by rule uniform standards for the proper and equitable interpretation and implementation" of the Election Code, the Department of State has adopted thirty-five rules related to the conduct of elections....
...the election process. See Art. VI, § 1, Fla. Const.; Hood, 885 So.2d at 375. Florida's legislature has enacted the Election Code, which is intended to "[o]btain and maintain uniformity in the interpretation and implementation of the election laws." § 97.012(1)....
...egulation.'" (quoting Rogers v. Larson, 563 F.2d 617, 621 (3d Cir.1977))). The Election Code charges the Secretary of State with responsibility for obtaining and maintaining "uniformity in the interpretation and implementation of the election laws." § 97.012(1)....
...Allowing local governments to draft their own laws regarding the conduct of elections; the counting, recounting, or auditing of votes; or the certification of elections would contradict the Election Code's stated goal of obtaining and maintaining "uniformity in the interpretation and implementation of the election laws." § 97.012(1)....
...v. Nichols, 533 So.2d 281, 283 (Fla.1988); see also Harloff v. City of Sarasota, 575 So.2d 1324, 1327 (Fla. 2d DCA 1991). The Election Code confers upon the Secretary of State the responsibility for uniformly implementing the state's election laws. § 97.012....
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League of Women Voters of Florida v. Browning, 575 F. Supp. 2d 1298 (S.D. Fla. 2008).

Cited 8 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 62726, 2008 WL 3200654

...Some Plaintiffs routinely collect personal data from the voter registration applications by photocopying them. (See Proposed Findings at ¶ 18). 2. Defendants Kurt Browning is the Secretary of State for the State of Florida. (See Compl. at ¶ 27). As Secretary of State, he is Florida's chief elections officer. See Fla. Stat. § 97.012....
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Diaz v. Cobb, 541 F. Supp. 2d 1319 (S.D. Fla. 2008).

Cited 6 times | Published | District Court, S.D. Florida | 56 A.L.R. 6th 815, 2008 U.S. Dist. LEXIS 27361, 2008 WL 793584

...oxes. Sue M. Cobb was the Secretary of State of Florida in January 2006. [1] The Secretary of State is the chief elections officer of the State of Florida and has responsibility for general supervision and administration of election laws. Fla. Stat. § 97.012 (2005) & (2006)....
...In 2004 and 2005, Florida Election Supervisors were responsible for maintaining voter registration books and for ensuring that all voter registration and list maintenance procedures in that County were in compliance with the Voting Rights Act. See Fla. Stat. §§ 97.012(11) and 98.015 (2004) & (2005)....
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Florida Democratic Party v. Scott, 215 F. Supp. 3d 1250 (N.D. Fla. 2016).

Cited 5 times | Published | District Court, N.D. Florida | 2016 U.S. Dist. LEXIS 142064, 2016 WL 6080990

“chief election officer” for the State of Florida. § 97.012, Fla. Stat. (2016). Thus, Defendant Detzner is
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League of Women Voters of Fla., Inc. v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).

Cited 5 times | Published | District Court, N.D. Florida

State is the "chief election officer." Fla. Stat. § 97.012. He is required to "[o]btain and maintain uniformity
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Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 536352

...nt is not apparent from the statutory language. The two most authoritative non-judicial sources for interpretation of the Florida election laws are probably the Florida Secretary of State, who is designated the chief election officer of the state by section 97.012, and the Florida State Association of Supervisors of Elections, both of whom have filed amicus curiae briefs in this case....
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Bellitto v. Snipes, 221 F. Supp. 3d 1354 (S.D. Fla. 2016).

Cited 4 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 148234, 2016 WL 6248602

Florida, is the Secretary of State. See Fla. Stat. § 97.012 (“The Secretary of State is the chief election
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Nikolits v. Nicosia, 682 So. 2d 663 (Fla. 4th DCA 1996).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 637447

...The opinion of the Assistant General Counsel that discretion is left to the individual supervisor of elections regarding language which may appear on a ballot is contrary to section 101.151(8) and to achieving uniformity in interpretation and operation of the election laws. See § 97.012(1), Fla....
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League of Women Voters of Fla., Inc. v. Detzner, 354 F. Supp. 3d 1280 (N.D. Fla. 2018).

Cited 3 times | Published | District Court, N.D. Florida

State and its "chief election officer." Fla. Stat. § 97.012. In Florida, county supervisors of elections may
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Harris v. Florida Elections Canvassing Comm'n, 122 F. Supp. 2d 1317 (N.D. Fla. 2000).

Cited 3 times | Published | District Court, N.D. Florida | 2000 U.S. Dist. LEXIS 17875

...order entered December 8, 2000 by Judge Collier in the case of George W. Bush, et al. v. Hillsborough County Canvassing Bd., et al., 3:00cv533 (Dec. 8, 2000). That history is hereby adopted and incorporated herein by reference. [4] Under Fla. Stat. § 97.012, the Secretary of State is dubbed the chief elections officer, and has the responsibility to "obtain and maintain uniformity in the application, operation, and interpretation of the registration laws." See also Consent Decree in United States v....
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Cobb v. Thurman, 957 So. 2d 638 (Fla. 1st DCA 2006).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3041924

...de voters with material information concerning elections. The Secretary is the chief election officer of the state and is authorized to provide voter assistance to the public and to provide technical assistance to the supervisors on voter education. § 97.012, Fla....
...1st DCA Aug.8, 2006) (" Krivanek stands for the proposition that election officials are accorded deference in interpreting election laws and performing their duties."). The pertinent statutes relating to the responsibilities of election officials to provide voter information are sections 97.012, 101.031(1), 101.031(2), and 101.5611(1), Florida Statutes, which state: 97.012 Secretary of State as chief election officer....
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Duke v. Smith, 784 F. Supp. 865 (S.D. Fla. 1992).

Cited 2 times | Published | District Court, S.D. Florida | 21 Fed. R. Serv. 3d 803, 1992 U.S. Dist. LEXIS 1682, 1992 WL 25430

...transmit the names of their presidential preference primary candidates to the Secretary of State. With specific regard to the Secretary of State, that officer is chosen to serve on the selection committee as the chief election officer of the state, § 97.012, Fla.Stat., although that officer does not conduct elections....
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Touchston v. Mcdermott, 234 F.3d 1133 (11th Cir. 2000).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

...sident Gore received 2,912,253 votes-a difference of 537 votes. 7 2. 12 The Florida statutory election system contemplates mixed control between local and state officials. The Secretary of State is the chief election officer of the state, Fla. Stat. 97.012(1), but the actual conducting of elections takes place in each of the various counties of Florida under the auspices of the county supervisor of elections....
...The availability of these alternative solutions to correct an error in vote tabulation suggests that a full manual recount is appropriate only when the machine tabulating system has failed irreparably. 35 The Secretary of State, pursuant to her authority under section 97.012(1), interpreted the statutory system as the machine model....
...are also of paramount interest. The Secretary of State is the chief election officer of Florida, and it is her responsibility to "[o]btain and maintain uniformity in the application, operation, and interpretation of the election laws." 41 Fla. Stat. 97.012(1) (2000)....
...properly cast, but does not count all valid votes. 41 In so doing, the Secretary of State must take steps to "[p]rovide training to all affected state agencies on the necessary procedures for proper implementation of [the election laws]." Fla. Stat. 97.012(8) (2000)....
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Jacksonville Coalition for Voter Protect. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004).

Cited 1 times | Published | District Court, M.D. Florida

...Lastly, Plaintiffs claim that Defendant Hood has a duty to ensure that the state's election laws are applied uniformly throughout the state, and that this duty has been violated by Duval County's having fewer early polling sites than similarly-sized counties. Fla. Stat. § 97.012....
...In light of the Court's conclusions as to Plaintiffs' claim under the Voting Rights Act, which requires a lower standard of proof, the Court need not separately address Plaintiffs' Section 1983 *1337 claim, which requires a higher proof of discriminatory purpose and effect. State Law Claim Florida Statutes, section 97.012(1) vests in the Secretary of State the responsibility to "maintain uniformity in the application, operation, and interpretation of the election laws." Considering that Plaintiffs are asking the Court to instruct a high-ranking state of...
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Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019).

Cited 1 times | Published | Supreme Court of Florida

interpretation and implementation of the election laws." § 97.012(1), Fla. Stat. (2018). The Florida Election Code
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Nancy Carola Jacobsen v. Florida Sec'y of State (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

a county supervisor of elections.” Fla. Stat. § 97.012(14). That the Secretary must resort to judicial
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Fair v. Antista, 461 So. 2d 1344 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 396, 1984 Fla. LEXIS 3399

election laws, as is the Department’s duty, under section 97.012(1), Florida Statutes (1983), by ensuring that
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Madera v. Detzner, 325 F. Supp. 3d 1269 (N.D. Fla. 2018).

Published | District Court, N.D. Florida

Florida's "chief election officer." Fla. Stat. § 97.012 ; see also League of Women Voters v. Detzner
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Jacksonville Coalition for Voter Prot. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004).

Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 26522, 2004 WL 3088633

sites than similarly-sized counties. Fla. Stat. § 97.012. ANALYSIS Before beginning the analysis necessary
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Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024).

Published | Florida 5th District Court of Appeal

and implementation of the election laws.” See § 97.012(1), Fla. Stat. The Election Code further authorizes
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Socialist Workers Party v. Leahy, 927 F. Supp. 1554 (S.D. Fla. 1996).

Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 7975, 1996 WL 316382

this provision as is made evident by Fla.Stat. § 97.012. That statute lists the responsibilities of the
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Michael Polelle v. Florida Sec'y of State (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Oct 11, 2024

circuit . . . for prosecution.” Fla. Stat. § 97.012(15). Given these circum- stances and
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Ago (Fla. Att'y Gen. 1986).

Published | Florida Attorney General Reports

and interpretation of the election laws." Section 97.012(1), F.S. Indeed, this office has previously
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Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019).

Published | Supreme Court of Florida

interpretation and implementation of the election laws.” § 97.012(1), Fla. Stat. (2018). The Florida Election
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Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment (Fla. 2020).

Published | Supreme Court of Florida

implementation of voter registration and election laws. See § 97.012, Fla. Stat. .... I, as Governor
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Democratic Exec. Comm. of Florida v. Laurel M. Lee (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

for prospective injunctive relief. Fla. Stat. § 97.012 (2016); Fla. Democratic Party, 2016 WL 6090943
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Robert C. Touchston v. Michael McDermott, 234 F.3d 1133 (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit | 2000 WL 1781942

...7 2. The Florida statutory election system contemplates mixed control between local and state officials. The Secretary of State is the chief election officer of the state, Fla. Stat. § 97.012(1), but the actual conducting of elections takes place in each of the various counties of Florida under the auspices of the county supervisor of elections.8 County canvassing boards are responsible for counting the votes given to each candidate, Fla....
...The availability of these alternative solutions to correct an error in vote tabulation suggests that a full manual recount is appropriate only when the machine tabulating system has failed irreparably. The Secretary of State, pursuant to her authority under section 97.012(1), interpreted the statutory system as the machine model....
...so of paramount interest. The Secretary of State is the chief election officer of Florida, and it is her responsibility to “[o]btain and maintain uniformity in the application, operation, and interpretation of the election laws.”41 Fla. Stat. § 97.012(1) (2000). 40 As described in Part II.B.2, supra, under the selective dimple model the vote tabulating machine acts as a screener, recording votes that were properly cast, but does not count all valid votes. 41 In so doing, the Secretary of State must take steps to “[p]rovide training to all affected state agencies on the necessary procedures for proper implementation of [the election laws].” Fla. Stat. § 97.012(8) (2000). 36 Pursuant to section 106.23(2),42 the Division of Elections, a division within the Department of State, issued three advisory opinion letters on November 13, 2000, advocating the machine model for counting votes under the statutory system....
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Nancy Carola Jacobsen v. Florida Sec'y of State (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

a county supervisor of elections.” Fla. Stat. § 97.012(14). That the Secretary must resort to judicial
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League of Women Voters of Florida Inc. v. Florida Sec'y of State (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

adopted by the Legislature. See FLA. STAT. § 97.012(1). What is more, the Attorney
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City of South Miami v. Governor of the State of Florida (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 2, 2023

a county supervisor of elections.” FLA. STAT. § 97.012(14) (emphasis added). A statute’s use

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