The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.64

101.64 Delivery of vote-by-mail ballots; envelopes; form.—

(1)(a) The supervisor shall enclose with each vote-by-mail ballot two envelopes: a secrecy envelope, into which the absent elector shall enclose his or her marked ballot; and a mailing envelope, into which the absent elector shall then place the secrecy envelope, which shall be addressed to the supervisor and also bear on the back side a certificate in substantially the following form:

Note: Please Read Instructions Carefully Before
Marking Ballot and Completing Voter’s Certificate.

VOTER’S CERTIFICATE

I, , do solemnly swear or affirm that I am a qualified and registered voter of County, Florida, and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt to commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also understand that failure to sign this certificate will invalidate my ballot.

(Date) (Voter’s Signature)

(E-Mail Address) (Home Telephone Number)

(Mobile Telephone Number)

(b) Each return mailing envelope must bear the absent elector’s name and any encoded mark used by the supervisor’s office.

(c) A mailing envelope or secrecy envelope may not bear any indication of the political affiliation of an absent elector.

(2) The certificate shall be arranged on the back of the mailing envelope so that the line for the signature of the absent elector is across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the voter must cross the seal of the envelope. The absent elector shall execute the certificate on the envelope.

(3) In lieu of the voter’s certificate provided in this section, the supervisor of elections shall provide each person voting absentee under the Uniformed and Overseas Citizens Absentee Voting Act with the standard oath prescribed by the presidential designee.

(4) The supervisor shall mark, code, indicate on, or otherwise track the precinct of the absent elector for each vote-by-mail ballot.

(5) The secrecy envelope must include, in bold font, substantially the following message:

IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON AS POSSIBLE.

History.—s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 34, ch. 28156, 1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s. 33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105; s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch. 79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch. 86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53, ch. 2001-40; s. 19, ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch. 2005-278; s. 17, ch. 2016-37; s. 16, ch. 2019-162; s. 26, ch. 2021-11.

Note.—Former s. 101.04.

F.S. 101.64 on Google Scholar

F.S. 101.64 on Casetext

Amendments to 101.64

Arrestable Offenses / Crimes under Fla. Stat. 101.64

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.64.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DL, v. DISTRICT OF COLUMBIA,, 267 F. Supp. 3d 55 (D.D.C. 2017)

. . . work performed by paralegals specifically identified by the District, the Court finds that 50% — or 101.64 . . . hours billed for each timekeeper — after all of the aforementioned voluntary reductions — less the 101.64 . . .

CARICO INVESTMENTS, INC. v. TEXAS ALCOHOLIC BEVERAGE COMMISSION,, 439 F. Supp. 2d 733 (S.D. Tex. 2006)

. . . Carico seeks a declaratory judgment that sections 11.61(b)(7), 61.71(a)(17), and 101.64 of the Texas . . . Section 101.64 of the Alcoholic Beverage Code deals with “Indecent Graphic Material.” . . . Texas Alcoholic Beverage Code § 101.64. . . . Bev.Code Ann. § 101.64 (Vernon 1995). . . . Section 101.64 is not narrowly-drawn. . . .

In JUST BRAKES CORPORATE SYSTEMS, INC. A. SOSNE, v. REINERT DUREE, P. C. n k a P. C. C., 175 B.R. 288 (Bankr. E.D. Mo. 1994)

. . . The Debtor’s schedules list the following personal property: $101.64 in an account at Heritage National . . .

UNITED STATES v. STATE OF WASHINGTON, 626 F. Supp. 1405 (W.D. Wash. 1985)

. . . 92.70 - 1974 151.26 127.98 116.36 93.09 - 1975 155.52 131.60 119.63 95.71 - 1976 169.40 146.81 124.23 101.64 . . .

W. LUCAS v. FLORIDA POWER LIGHT COMPANY, a, 765 F.2d 1039 (11th Cir. 1985)

. . . ending the last day of February, 1976 111.79 101.67 1977 111.89 101.66 1978 110.98 101.65 1979 110.57 101.64 . . .

L. McLEAN, Jr. v. BELLAMY, R. W. W., 437 So. 2d 737 (Fla. Dist. Ct. App. 1983)

. . . Section 101.64, Florida Statutes (1971), provided for a similar form to be included in an “elector’s . . . However, Section 101.64 was amended by the same law by again modifying the elector’s certificate form . . . Instead, as indicated previously in this opinion, the 1981 version of the Section 101.64 form (which . . . Neither the 1981 version of Section 101.64 (the version applicable in the instant case) nor any other . . . The essence of the 1981 version of Section 101.64 is the requirement that the elector certify that he . . . Judge Nimmons’ excellent analysis of the history of Section 101.64, Florida Statutes, and the various . . . section from time to time by the legislature convincingly demonstrates that the 1981 version of Section 101.64 . . .

HOWANITZ, v. BLAIR, E., 394 So. 2d 479 (Fla. Dist. Ct. App. 1981)

. . . After the envelopes containing the Voter’s Certificates, required by Section 101.64(1), Florida Statutes . . .

F. BOARDMAN, v. ESTEVA,, 323 So. 2d 259 (Fla. 1975)

. . . . § 101.64, F.S.A., an elector who certified that he would be absent from the State on election day would . . .

ESTEVA, v. HINDMAN, 299 So. 2d 633 (Fla. Dist. Ct. App. 1974)

. . . . § 101.64, F.S.A., provides for the. manner and procedure of preparing and delivering the ballots to . . . The certificate mandated by F.S. § 101.64, F.S.A., further requires the signature of the elector as well . . . A postal officer is required to apply his station cancellation stamp to this return envelope. § 101.64 . . . forms for application and for the certificate on the return envelope as provided by F.S. §§ 101.62 and 101.64 . . .

TURNER, v. L. BOSTON,, 393 F.2d 683 (9th Cir. 1968)

. . . the three years after his premature petition, a disputed bill of $151.05 for a vacuum cleaner, and a $101.64 . . .

W. v., 44 T.C. 186 (T.C. 1965)

. . . The disbursements for 1960 included $2,984.15 paid to the Bloomfield Hills Sanitarium and $101.64 for . . . insurance, and the disbursements for 1961 included $2,813.55 paid to the Bloomfield Hills Sanitarium and $101.64 . . .

McDONALD, v. R. MILLER J. B., 90 So. 2d 124 (Fla. 1956)

. . . Appellant contends that under Section 101.64, Florida Statutes 1955, F.S.A., the time for making application . . .

PARRA, v. C. B. HARVEY, C. Jr. C., 89 So. 2d 870 (Fla. 1956)

. . . Evidently there was a failure to comply with Sec. 101.64, Florida Statutes 1955, and F.S.A., prescribing . . .