CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit
...d notice of mismatch to voters-were at issue. Because the Secretary is the state's chief election officer with the authority to relieve the burden on Plaintiffs' right to vote, she was appropriately sued for prospective injunctive relief. Fla. Stat. § 97.012 (2016) ; Fla....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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)....
CopyCited 5 times | Published | District Court, N.D. Florida | 2016 U.S. Dist. LEXIS 142064, 2016 WL 6080990
...Here, Plaintiff seeks prospective injunctive relief against the Governor and the Secretary of State in their official capacity. This Court will address Defendant Detzner first. Florida law establishes that, as Secretary of State, Defendant Detzner is the “chief election officer” for the State of Florida. § 97.012, Fla....
CopyCited 5 times | Published | District Court, N.D. Florida
...ic year. ECF No. 26, at ¶ 2. Plaintiff Adams is a resident of and registered voter in Leon County. ECF No. 25, at ¶ 2. Defendant is Florida's Secretary of State. Under Florida law, the Secretary of State is the "chief election officer." Fla. Stat. § 97.012 . He is required to "[o]btain and maintain uniformity in the interpretation and implementation of the election laws." Fla. Stat. § 97.012 (1). He provides "written direction and opinions to the supervisors of elections on the performance of their official duties." Fla. Stat. § 97.012 (16)....
CopyCited 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....
CopyCited 4 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 148234, 2016 WL 6248602
...Martinez-Rivera,
166 F.Supp.3d 779, 792 (W.D. Tex. 2015) (quoting 52 U.S.C. § 20509 ). And, in order to bring a private action under § 20510, a party must notice “the chief election official of the State involved,” which in Florida, is the Secretary of State. See Fla. Stat. §
97.012 (“The Secretary of State is the chief election officer of the state”)....
...A]... The secretary may delegate voter registration duties and records maintenance activities to voter registration officials. Amy responsibilities delegated by the secretary shall be performed in accordance with state and federal law.” Fla. Stat. § 97.012 (7), (11); see United States v....
CopyCited 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....
CopyCited 3 times | Published | District Court, N.D. Florida
...Plaintiffs are a group of six Florida college students and two organizations, the League of Women Voters and the Andrew Goodman Foundation, Inc. ECF No. 16, at ¶¶ 15-22. Defendant is Florida's Secretary of State and its "chief election officer." Fla. Stat. § 97.012 ....
...It strains credulity to imagine Plaintiffs suing 67 individuals to exercise discretion while simultaneously arguing those same individuals have been stripped of discretion. In short, Defendant, who is Florida's "chief election officer," is the proper Defendant. Fla. Stat. § 97.012 ....
...It excludes "any ... college-or university-related facilities" as an early voting site. ECF No. 24, Ex. A, at 3. Third, Defendant is legally bound to "[o]btain and maintain uniformity in the interpretation and implementation of election laws." Fla. Stat. § 97.012 (1)....
CopyCited 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....
CopyCited 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....
CopyCited 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....
CopyCited 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)....
CopyCited 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...
CopyCited 1 times | Published | Supreme Court of Florida
...d by state or federal law." The Florida Election Code further explains that the Secretary of State, as "the chief election officer of the state," is to "[o]btain and maintain uniformity in the interpretation and implementation of the election laws." § 97.012(1), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
a county supervisor of elections.” Fla. Stat. §
97.012(14). That the Secretary must resort to judicial
CopyPublished | 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
CopyPublished | District Court, N.D. Florida
...A party must show "its injury was fairly traceable" to Defendant Detzner. Hollywood Mobile Estates Ltd. v. Seminole Tribe ,
641 F.3d 1259 , 1265 (11th Cir. 2011). 9 As this Court notes with tiresome regularity, Defendant Detzner is Florida's "chief election officer." Fla. Stat. §
97.012 ; see also League of Women Voters v....
...This statutory job description is not window dressing. The Secretary of State must "[o]btain and maintain uniformity in the interpretation and implementation of the election laws" and promulgate rules for the "proper and equitable interpretation and implementation" of election laws. Fla. Stat. § 97.012 (1)....
...o other languages that are required by law or court order." Fla. Admin. Code. R. 1S-2.032 (2018) (emphasis added). This rule is the Secretary of State's own affirmative acknowledgment of his responsibilities, passed pursuant to state law. Fla. Stat. § 97.012 (1)....
...There is no asterisk after the provision stating "except for the Voting Rights Act of 1965." This Court does not-and cannot-read a limitation into this provision. Defendant Detzner has the responsibility to enforce the Department of State's rules on each county supervisor of elections. Fla. Stat. § 97.012 (14). He also has the responsibility to "[p]rovide written direction and opinions to the supervisors of elections on the performance of their official duties with respect to ... rules adopted by the Department of State." Fla. Stat. § 97.012 (16)....
...The Department of State, after all, "shall have general supervision and administration of the election laws." Fla. Stat. §
15.13 . Not some election laws. The election laws. Moreover, Defendant must provide written guidance to county supervisors to comply with Department regulations. Fla. Stat. §
97.012 (16). Defendant has the power and responsibility to enforce Department regulations. Fla. Stat. §
97.012 (14) (Secretary has responsibility to "[b]ring 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 ...") (emphasis added)....
...Accordingly, IT IS ORDERED: 1. Consistent with the Secretary of State's responsibility to "provide written direction ... to the supervisors of elections on the performance of their official duties with respect to ... rules adopted by the Department of State," Fla. Stat. § 97.012 (16), and the Department of State's rule that "[b]allots shall be translated into other languages that are required by law or court order," Fla....
CopyPublished | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 26522, 2004 WL 3088633
...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 stat...
CopyPublished | Florida 5th District Court of Appeal
...99.012(2), Fla. Stat.
The Election Code designates Florida’s Secretary of State as
the “chief elections officer” and charges the Secretary to “[o]btain
and maintain uniformity in the interpretation[3] and
implementation of the election laws.” See § 97.012(1), Fla....
CopyPublished | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 7975, 1996 WL 316382
...by the local supervisor of elections. The involvement of the Secretary of State in this process is limited to reimbursing a county for any waived verification fees. The Secretary has no power to enforce this provision as is made evident by Fla.Stat. § 97.012. That statute lists the responsibilities of the Secretary of State with respect to the election code. The Secretary is tasked with obtaining and maintaining “uniformity in the application, operation, and interpretation of the election laws.” § 97.012(2)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 11, 2024
circuit . . . for prosecution.” Fla. Stat. §
97.012(15). Given these circum- stances and
CopyAgo (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
CopyPublished | Supreme Court of Florida
...authorized by state or federal law.” The Florida Election Code further explains
that the Secretary of State, as “the chief election officer of the state,” is to “[o]btain
and maintain uniformity in the interpretation and implementation of the election
laws.” § 97.012(1), Fla....
CopyPublished | Supreme Court of Florida
...(creating the
Department of State, headed by the Secretary of State who is
appointed by the Governor). Furthermore, the Secretary of State is
the chief elections officer with the responsibility to maintain
uniformity in the interpretation and implementation of voter
registration and election laws. See § 97.012, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...belated notice of mismatch to voters—were at issue. Because the Secretary is the
state’s chief election officer with the authority to relieve the burden on Plaintiffs’
right to vote, she was appropriately sued for prospective injunctive relief. Fla. Stat.
§ 97.012 (2016); Fla....
CopyPublished | 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....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Indeed, the only means of control the Secretary has over the Supervisors
is through coercive judicial process: she may bring “actions at law or in equity by
mandamus or injunction to enforce the performance of any duties of a county
supervisor of elections.” Fla. Stat. § 97.012(14)....
...to implement the ballot statute may
not be imputed to the Secretary for purposes of establishing traceability.
Contrary to the reasoning of the district court, the Secretary’s position as
“the chief election officer of the state,” id. § 97.012, with “general supervision and
administration of the election laws,” id....
...So our ruling today is
consistent with the Secretary’s longstanding view about the scope of her powers.
The partial dissent next contends that the Secretary’s authority to prescribe
rules about ballot layout, Fla. Stat. §
101.151(9)(a), and to provide written
direction to the Supervisors, id. §
97.012(16), may make the order in which
candidates appear on the ballot traceable to her, Dissenting Op....
...ws.” See Fla. Stat.
§§
15.13;
20.10(1), (2)(a). The Secretary is the “chief election officer of the state”
responsible for “[o]btain[ing] and maintain[ing] uniformity in the interpretation
and implementation of the election laws.” Id. §
97.012(1)....
...it contemplated that county
supervisors administering those elections would not be required to follow them.
This should have been enough to give the majority pause, but there is a
second provision that the majority opinion misapprehends. Section 97.012(16)
authorizes the Secretary of State to “[p]rovide 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.” Fla. Stat.
§ 97.012(16)....
...obligation to follow the Secretary’s directions and opinions?
This brings me to the third provision of the Florida Election Code that the
majority opinion neglects to afford the significance I believe is due. As the
majority opinion points out, § 97.012(14) gives the Secretary of State the power to
bring an action at law or in equity by mandamus or injunction “to coerc[e]” a
county supervisor of elections to perform any duties with respect to the Election
Code or to comply with any rule adopted by the Department of State. Maj. Op. at
26; see Fla. Stat. § 97.012(14)....
...1972) (emphasis added). If
county election supervisors are under a clear legal duty to follow her Department’s
rules, then it cannot be true that the Secretary lacks the authority to direct them.
Rather than supporting the majority opinion’s conclusion, § 97.012(14) appears to
undercut it by showing that the Secretary of State possesses the authority to compel
election supervisors to perform their duties in accord with her rules and directives.8
8
It is true that the Secretar...
...der statute, and
oversees how county election supervisors carry out their duties, all in fulfilling her
responsibility (hers alone) to maintain uniformity in the interpretation and
implementation of the Code throughout the state. See Fla. Stat. §§
97.012(1), (14),
(16);
101.151(9)....
...at 613-14 (internal quotation marks omitted).
Florida’s Secretary of State enjoys the same powers and responsibilities as
the Texas Secretary. At the risk of beating a dead horse, I reiterate that she serves
as Florida’s “chief election officer,” Fla. Stat. § 97.012; is instructed by statute to
“obtain and maintain uniformity in the interpretation and implementation” of
Florida’s Election Code, id. § 97.012(1); and is empowered by statute to
promulgate rules to implement the statute in questions, id....
CopyPublished | Court of Appeals for the Eleventh Circuit
... USCA11 Case: 22-11143 Document: 193-1 Date Filed: 04/27/2023 Page: 64 of 79
64 Opinion of the Court 22-11143
elections according to the election code adopted by the Legislature.
See FLA. STAT. § 97.012(1).
What is more, the Attorney General is a defendant in this
suit....
CopyPublished | 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
