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Florida Statute 101.65 - Full Text and Legal Analysis
Florida Statute 101.65 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
101.65 Instructions to absent electors.The supervisor shall enclose with each vote-by-mail ballot separate printed instructions in substantially the following form; however, where the instructions appear in capitalized text, the text of the printed instructions must be in bold font:

READ THESE INSTRUCTIONS CAREFULLY
BEFORE MARKING BALLOT.

1. VERY IMPORTANT. In order to ensure that your vote-by-mail ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the day of the election. However, if you are an overseas voter casting a ballot in a presidential preference primary or general election, your vote-by-mail ballot must be postmarked or dated no later than the date of the election and received by the supervisor of elections of the county in which you are registered to vote no later than 10 days after the date of the election. Note that the later you return your ballot, the less time you will have to cure any signature deficiencies, which is authorized until 5 p.m. on the 2nd day after the election.

2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. If you are allowed to “Vote for One” candidate and you vote for more than one candidate, your vote in that race will not be counted.

4. Place your marked ballot in the enclosed secrecy envelope.

5. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the supervisor.

6. Seal the mailing envelope and completely fill out the Voter’s Certificate on the back of the mailing envelope.

7. VERY IMPORTANT. In order for your vote-by-mail ballot to be counted, you must sign your name on the line above (Voter’s Signature). A vote-by-mail ballot will be considered illegal and not be counted if the signature on the voter’s certificate does not match the signature on record. The signature on file at the time the supervisor of elections in the county in which your precinct is located receives your vote-by-mail ballot is the signature that will be used to verify your signature on the voter’s certificate. If you need to update your signature for this election, send your signature update on a voter registration application to your supervisor of elections so that it is received before your vote-by-mail ballot is received.

8. VERY IMPORTANT. If you are an overseas voter, you must include the date you signed the Voter’s Certificate on the line above (Date) or your ballot may not be counted.

9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed. THE COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.

10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.

History.s. 5, ch. 7380, 1917; RGS 372; CGL 433; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 35, ch. 28156, 1953; s. 23, ch. 29934, 1955; s. 34, ch. 65-380; s. 4, ch. 71-149; s. 9, ch. 72-63; s. 2, ch. 73-105; s. 7, ch. 73-157; ss. 3, 4, ch. 75-174; s. 23, ch. 77-175; s. 2, ch. 81-106; s. 10, ch. 81-304; s. 11, ch. 82-143; s. 7, ch. 83-251; s. 3, ch. 85-226; s. 2, ch. 86-33; s. 589, ch. 95-147; s. 5, ch. 96-57; s. 16, ch. 98-129; s. 33, ch. 99-2; s. 54, ch. 2001-40; s. 20, ch. 2003-415; s. 2, ch. 2004-232; s. 38, ch. 2011-40; s. 12, ch. 2013-57; s. 18, ch. 2016-37; s. 17, ch. 2019-162; s. 20, ch. 2022-73.
Note.Former s. 101.05.

F.S. 101.65 on Google Scholar

F.S. 101.65 on CourtListener

Amendments to 101.65


Annotations, Discussions, Cases:

Cases Citing Statute 101.65

Total Results: 9  |  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

...hose with physical impairments that make it difficult to get around. To protect against fraud, Florida requires those who choose to vote by mail to sign the voter's certificate on the back of the envelope on which they mail their ballots. Fla. Stat. § 101.65 (2016)....
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Parra v. Harvey, 89 So. 2d 870 (Fla. 1956).

Cited 8 times | Published | Supreme Court of Florida

...laws of the City of Key West, we go to these statutes to ascertain the requirements affecting voting by absentees. In Sec. 101.66 it is provided that such a voter shall "[u]pon the receipt of the * * * ballot and printed instructions as provided in § 101.65 * * * in secret, mark his ballot, follow the instructions enclosed with his ballot, place only the marked ballot in the plain envelope and return same to the supervisor of the county in which his precinct is located." Appellant draws attention to the lack of any provision in the section for the method of returning the ballot. But we cannot stop here. In Sec. 101.65, supra, which must be considered with Sec....
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McDonald v. Miller, 90 So. 2d 124 (Fla. 1956).

Cited 6 times | Published | Supreme Court of Florida

...Section 101.62, supra, clearly requires that the application for an absentee ballot must be applied for by the voter himself "either in person or by mail". The application blank must be immediately sent to the absentee elector by mail or delivered to him by hand. Likewise, under Section 101.65, Florida Statutes, F.S.A., the marked ballot must be returned to the supervisor either by mail or by personal delivery by the voter himself....
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McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983).

Cited 3 times | Published | Florida 1st District Court of Appeal

...." In the statutory form after the place for the voter's signature, the following appears: "Two Witnesses Eighteen (18) Years or Older" followed by places for two witness' signatures. Section 101.64(2) also provides: "The absent elector and the attesting witnesses shall execute the form on the envelope." Also, Section 101.65, Florida Statutes (1981), provides for an instruction sheet for absentee electors which is required to be substantially in the form set forth in that statute....
...Prior to 1975, there was a statutory provision, Section 101.66, Florida Statutes (1973) [10] which specifically charged the absentee elector with certain responsibilities in the manner in which the absentee ballot was to be completed including following the Section 101.65 instructions enclosed with the ballot and marking the ballot in secret. Section 101.66 was repealed by Chapter 75-174, Laws of Florida. No statute comparable to Section 101.66 was in effect at the time of the subject 1982 election. And so, although the statutes in existence in 1982 (Sections 101.64 and 101.65) did provide for the election official to send *748 to the absentee elector instructions for completing the absentee ballot and an elector's certificate in substantially the form set out in the statutes, there was no longer the specific legisl...
...the above amendment, and we express no opinion as to what our conclusion on this issue would be had the Chapter 82-143 amendments been applicable to this election. [10] "Upon the receipt of the absentee ballot and printed instructions as provided in § 101.65, the absent elector shall, in secret, mark his ballot, follow the instructions enclosed with his ballot, place only the marked ballot in a plain envelope and return same to the supervisor of the county in which his precinct is located." [11...
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Esteva v. Hindman, 299 So. 2d 633 (Fla. 1st DCA 1974).

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

...s official title and address. A postal officer is required to apply his station cancellation stamp to this return envelope. § 101.64 also provides that "the absent elector and the attesting witness shall execute the said form on the envelope." F.S. § 101.65, F.S.A., sets forth the substantial form of instructions to be sent with each absentee ballot....
...for application and for the certificate on the return envelope as provided by F.S. §§ 101.62 and 101.64, F.S.A., nor would there be any sense to the language in § 101.63 pertaining to the application being filled out and signed or the language in § 101.65 pertaining to the filling out and signing of the elector's certificate....
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Wakulla Cnty. Absentee Voter Intervenors v. Flack, 419 So. 2d 1124 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21051

...these restrictions, the record sheds no light on this subject. 1 We accordingly do not treat such issues beyond noting the notice provided by the statute itself in conjunction with inquiry arguably invited by the specific instructions prescribed by § 101.65 that each elector shall “[s]ign your name” and “[m]ark your ballot in secret as instructed on the ballot.” From a consideration of the analysis of particular defects in absentee ballots set forth in Boardman, supra, we reach the fur...
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Democratic Exec. Comm. of Florida v. Nat'l Repub. Senatorial Commitee (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

...During that recount, the Democratic Executive Committee of Florida and a campaign organization, Bill Nelson for U.S. Senate, together filed a constitutional challenge to the signature- match requirements of Florida’s vote-by-mail statute. See Fla. Stat. § 101.62 (2016) (permitting mail-in voting); Fla. Stat. § 101.65 (2016) (requiring mail-in voters to sign a voter’s certificate on the back of the mail-in envelope); Fla....
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Democratic Exec. Comm. of Florida v. Laurel M. Lee (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

...sical impairments that make it difficult to get around. To protect against fraud, Florida requires those who choose to vote by mail to sign the voter’s certificate on the back of the envelope on which they mail their ballots. Fla. Stat. § 101.65 (2016)....
...§§ 101.68(1), (2)(c)(1) (VBM ballots), and §§ 101.048(2)(b), 101.68(c) (provisional ballots), were standardless and therefore offensive to the Equal Protection Clause. For a vote-by-mail ballot to be counted, the envelope of that ballot must include the voter’s signature. [Fla. Stat. § 101.65.] Once the vote-by-mail ballots are received, county canvassing boards review those ballots to verify the signature requirement has been met....
...A VBM ballot, once filled out, is placed within a mailing envelope. The voter then signs the voter’s certificate on the back of the envelope and sends the envelope to the county supervisor of elections, who must receive it by 7 p.m. on election day. Fla. Stat. §§ 101.65, 101.67(2). Instructions, provided with every ballot, warn the voter that if his signature on the voter’s certificate does not match the signature on the voter’s registration entry, the ballot “will be considered illegal and not be counted.” Id. § 101.65. Immediately after the county supervisor of elections receives the ballot, the supervisor must compare the signature on the voter’s certificate with the signature on the voter’s registration entry....
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Goldsmith v. McDonald, 32 So. 3d 713 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4499, 35 Fla. L. Weekly Fed. D 781

...That decision is amply supported by the law and the record on appeal. Affirmed. GROSS, C.J., and CIKLIN, J., concur. NOTES [1] See § 102.141(7), Fla. Stat. (2008). [2] See § 102.166, Fla. Stat. (2008). [3] See § 102.168, Fla. Stat. (2008). [4] See § 101.62, Fla. Stat. (2008). [5] See § 101.65, Fla....

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