CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit
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
State is the "chief election officer." Fla. Stat. §
97.012. He is required to "[o]btain and maintain uniformity
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 | 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
State and its "chief election officer." Fla. Stat. §
97.012. In Florida, county supervisors of elections may
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
interpretation and implementation of the election laws." §
97.012(1), Fla. Stat. (2018). The Florida Election Code
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
Florida's "chief election officer." Fla. Stat. §
97.012 ; see also League of Women Voters v. Detzner
CopyPublished | Florida 5th District Court of Appeal
and implementation of the election laws.” See §
97.012(1), Fla. Stat. The Election Code further authorizes
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
interpretation and implementation of the election laws.” §
97.012(1), Fla. Stat. (2018). The Florida Election
CopyPublished | Supreme Court of Florida
implementation of voter registration and election laws. See §
97.012, Fla. Stat. .... I, as Governor
CopyPublished | Court of Appeals for the Eleventh Circuit
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
a county supervisor of elections.” Fla. Stat. §
97.012(14). That the Secretary must resort to judicial
CopyPublished | Court of Appeals for the Eleventh Circuit
adopted by the Legislature. See FLA. STAT. §
97.012(1). What is more, the Attorney
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
