The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

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F.S. 102.166

102.166 Manual recounts of overvotes and undervotes.—

(1) If the second set of unofficial returns pursuant to s. 102.141 indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or less of the votes cast for such office, that a candidate for retention to a judicial office was retained or not retained by one-quarter of a percent or less of the votes cast on the question of retention, or that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or less of the votes cast on such measure, a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure shall be ordered unless:

(a) The candidate or candidates defeated or eliminated from contention by one-quarter of 1 percent or fewer of the votes cast for such office request in writing that a recount not be made; or

(b) The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election.

The Secretary of State is responsible for ordering a manual recount for federal, state, and multicounty races. The county canvassing board or local board responsible for certifying the election is responsible for ordering a manual recount for all other races. A manual recount consists of a recount of marksense ballots or of digital images of those ballots by a person.

(2) Any hardware or software used to identify and sort overvotes and undervotes for a given race or ballot measure must be certified by the Department of State. Any such hardware or software must be capable of simultaneously identifying and sorting overvotes and undervotes in multiple races while simultaneously counting votes. Overvotes and undervotes must be identified and sorted while recounting ballots pursuant to s. 102.141. Overvotes and undervotes may be identified and sorted physically or digitally.

(3) Any manual recount shall be open to the public.

(4)(a) A vote for a candidate or ballot measure shall be counted if there is a clear indication on the ballot that the voter has made a definite choice.

(b) The Department of State shall adopt specific rules for the federal write-in absentee ballot and for each certified voting system prescribing what constitutes a “clear indication on the ballot that the voter has made a definite choice.” The rules shall be consistent, to the extent practicable, and may not:

1. Authorize the use of any electronic or electromechanical reading device to review a hybrid voting system ballot that is produced using a voter interface device and that contains both machine-readable fields and machine-printed text of the contest titles and voter selections, unless the printed text is illegible;

2. Exclusively provide that the voter must properly mark or designate his or her choice on the ballot; or

3. Contain a catch-all provision that fails to identify specific standards, such as “any other mark or indication clearly indicating that the voter has made a definite choice.”

1. The appropriate lines or spaces for designating a candidate choice and, for state and local races, the office or ballot measure to be voted, including the proximity of each to the other and the effect of intervening blank lines.

2. The sufficiency of designating a candidate’s first or last name when no other candidate in the race has the same or a similar name.

3. The sufficiency of designating a candidate’s first or last name when an opposing candidate has the same or a similar name, notwithstanding generational suffixes and titles such as “Jr.,” “Sr.,” or “III.” The rule should contemplate the sufficiency of additional first names and first initials, middle names and middle initials, generational suffixes and titles, nicknames, and, in general elections, the name or abbreviation of a political party.

4. Candidate designations containing both a qualified candidate’s name and a political party, including those in which the party designated is the candidate’s party, is not the candidate’s party, has an opposing candidate in the race, or does not have an opposing candidate in the race.

5. Situations where the abbreviation or name of a candidate is the same as the abbreviation or name of a political party to which the candidate does not belong, including those in which the party designated has another candidate in the race or does not have a candidate in the race.

6. The use of marks, symbols, or language, such as arrows, quotation marks, or the word “same” or “ditto,” to indicate that the same political party designation applies to all listed offices or the elector’s approval or disapproval of all listed ballot measures.

7. Situations in which an elector designates the name of a qualified candidate for an incorrect office.

8. Situations in which an elector designates an otherwise correct office name that includes an incorrect district number.

(5) Procedures for a manual recount are as follows:

(a) The county canvassing board shall appoint as many counting teams of at least two electors as is necessary to manually recount the ballots. A counting team must have, when possible, members of at least two political parties. A candidate involved in the race shall not be a member of the counting team.

(b) Each duplicate ballot prepared pursuant to s. 101.5614(4) or s. 102.141(7) shall be compared with the original ballot to ensure the correctness of the duplicate.

(c) If a counting team is unable to determine whether the ballot contains a clear indication that the voter has made a definite choice, the ballot shall be presented to the county canvassing board for a determination.

(d) The Department of State shall adopt detailed rules prescribing additional recount procedures for each certified voting system which shall be uniform to the extent practicable. The rules shall address, at a minimum, the following areas:

1. Security of ballots during the recount process;

2. Time and place of recounts;

3. Public observance of recounts;

4. Objections to ballot determinations;

5. Record of recount proceedings;

6. Procedures relating to candidate and petitioner representatives; and

7. Procedures relating to the certification and the use of automatic tabulating equipment that is not part of a voting system.

(6) Nothing in this section precludes a county canvassing board or local board involved in the recount from comparing a digital image of a ballot to the corresponding physical paper ballot during a manual recount.

History.—s. 9, ch. 18405, 1937; CGL 1940; Supp. 337(23-b); s. 7, ch. 22858, 1945; s. 5, ch. 26870, 1951; s. 30, ch. 28156, 1953; s. 24, ch. 57-1; s. 29, ch. 65-380; s. 27, ch. 77-175; s. 48, ch. 79-400; s. 15, ch. 89-348; s. 601, ch. 95-147; s. 1, ch. 99-339; s. 42, ch. 2001-40; s. 21, ch. 2002-17; s. 59, ch. 2005-277; s. 34, ch. 2007-30; s. 15, ch. 2010-167; s. 3, ch. 2011-162; s. 2, ch. 2015-40; s. 11, ch. 2018-112; s. 37, ch. 2019-162; s. 5, ch. 2020-109.

Note.—Former s. 100.25; s. 101.57.

F.S. 102.166 on Google Scholar

F.S. 102.166 on Casetext

Amendments to 102.166

Arrestable Offenses / Crimes under Fla. Stat. 102.166

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.166.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, U. S. v. DETZNER,, 347 F. Supp. 3d 1033 (N.D. Fla. 2018)

. . . . § 102.166(2)(b), Fla. Stat. . . . . § 102.166, Fla. Stat. . . . Id. at § 102.166(1)(a)-(b). . . . Id. at § 102.166(3). . . . Id. at § 102.166(5)(c). . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, v. L. SCOTT,, 366 F. Supp. 3d 1311 (N.D. Fla. 2018)

. . . . § 102.166(1). . . .

GOLDSMITH, v. McDONALD,, 32 So. 3d 713 (Fla. Dist. Ct. App. 2010)

. . . See § 102.166, Fla. Stat. (2008). . See § 102.168, Fla. Stat. (2008). . See § 101.62, Fla. . . .

S. BROWNING, v. SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. a L., 968 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . Sections 102.141(6) and 102.166 set forth when recounts are required. . . . See § 102.166. . . .

WEXLER, v. ANDERSON, E., 452 F.3d 1226 (11th Cir. 2006)

. . . . § 102.166. . . . Stat. § 102.166(5)(a). . . . constitutes a ‘clear indication on the ballot that the voter has made a definite choice,’ ” id. at § 102.166 . . . Id. at § 102.166(6)(d). . . . a paperless voting system, it does not allow for the manual recounts provided for by §§ 102.141 and 102.166 . . .

FLORIDA DEMOCRATIC PARTY, v. HOOD,, 884 So. 2d 1148 (Fla. Dist. Ct. App. 2004)

. . . Florida’s election recount procedures are governed by sections 102.141 and 102.166, Florida Statutes . . . cast in the entire geographic jurisdiction of such office or ballot measure” shall be conducted. § 102.166 . . . counted if there is a clear indication on the ballot that the voter has made a definite choice.” § 102.166 . . . Stat. § 102.166(5)(a). . . . The earlier “intent” standard of section 102.166(7)(b) attempted to discern, ex post, a voter’s state . . . In 2001, the Florida Legislature enacted a revised version of section 102.166, the statute that provides . . . prescribing what constitutes a ‘clear indication on the ballot that the voter has made a definite choice.’” § 102.166 . . . Section 102.166(5), Florida Statutes requires the Department to “adopt specific rules for each certified . . . ballot or ballot image that can be recounted under the manual recount procedure required by section 102.166 . . . See § 102.166(5)(b). . . .

WEXLER v. LEPORE, E., 342 F. Supp. 2d 1097 (S.D. Fla. 2004)

. . . Stat. § 102.166. . . . Stat. § 102.166(5)(a). . . . Stat. § 102.166(2)(a). . . . Stat. § 102.166(5)b). . . . Stat. § 102.166(5)(a). . . .

WEXLER, v. LEPORE, E., 878 So. 2d 1276 (Fla. Dist. Ct. App. 2004)

. . . See § 102.166, Fla. Stat. (2003). . . . See § 102.166(1), Fla. Stat. (2003). . . . See § 102.166(5)(a), Fla. Stat. (2003). . . . See § 102.166(5)(b), Fla. Stat. (2003). . . . See § 102.166(6)(d), Fla. Stat. (2003). . . .

WEXLER v. LEPORE, E., 319 F. Supp. 2d 1354 (S.D. Fla. 2004)

. . . Florida’s recount procedures are in turn governed by sections 102.141 and 102.166 of the Florida statutes . . . Stat. § 102.166. . . . Stat. § 102.166(5)(b), and also “adopt detailed rules prescribing additional recount procedures for each . . . Stat. § 102.166(6)(d). B. . . . since review of undervotes cannot result in a determination of voter intent as required by Section 102.166 . . .

H. BRAXTON, v. HOLMES COUNTY ELECTION CANVASSING BOARD, E., 870 So. 2d 958 (Fla. Dist. Ct. App. 2004)

. . . provisions, when a manual count of ballots has been conducted by the Canvassing Board pursuant to section 102.166 . . .

MILLER R. v. CITY OF BELLE GLADE CANVASSING BOARD,, 790 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . canvass the returns certifies the results of that particular election following a protest pursuant to s. 102.166 . . . that “[b]eeause the protest filed by the [appellants] in the instant action was filed pursuant to § 102.166 . . . Under section 102.166, Florida Statutes (1999), which includes the procedure for filing a protest of . . . Section 102.166 indicates that a protest can actually be filed after an election is certified if the . . .

GORE, Jr. I. v. HARRIS,, 773 So. 2d 524 (Fla. 2000)

. . . Based upon the express language in section 102.166, however, the individual county canvassing board is . . . ballot shall be presented to the county canvassing board for it to determine the voter’s intent.” § 102.166 . . . Because section 102.166(4) provides that only a political party or a candidate may request a manual recount . . . under section 102.166(4), there are additional issues regarding the potential for unequal treatment . . . See § 102.166(4)(c), Fla.Stat. (2000) ("The county canvassing board may authorize a manual recount .” . . . See § 102.166, Fla.Stat. (2000). . See Bush v. . . .

BUSH v. GORE, 531 U.S. 98 (U.S. 2000)

. . . Section 102.166 governs protests. . . . . § 102.166(4)(b). . . . .” § 102.166(4)(c). . . . If a sample recount conducted pursuant to § 102.166(5) “indicates an error in the vote tabulation which . . . Ann. §102.166(5) (Supp. 2001), or a “rejection of... legal votes,” § 102.168(3)(c), when electronic or . . . the related provisions dealing with the antecedent process of “protesting” particular vote counts, §102.166 . . . . § 102.166 (Supp. 2001). . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1273 (Fla. 2000)

. . . See § 102.166(5), Fla. Stat. (2000). . . . See § 102.166(4)(d), Fla. Stat. (2000). . . . . Stat. § 102.166(5). . . . See § 102.166(4)(c), Fla. . . . . § 102.166(4)(d), Fla. Stat. (2000). . . . .

v., 531 U.S. 1046 (U.S. 2000)

. . . . §§101.5614(5), 102.166 (Supp. 2001). . . .

GORE, Jr. I. v. HARRIS,, 772 So. 2d 1243 (Fla. 2000)

. . . See § 102.166, Fla. Stat. . . . See § 102.166(4)(c), Fla. Stat. (2000). . . . See § 102.166(5)(c), Fla. Stat. (2000). . . . See. § 102.166(1), Fla. Stat. (2000). . See § 102.166(4)(b), Fla. Stat. (2000). . . . . See § 102.166(6), Fla. Stat. (2000). . . . . Carter, 392 So.2d 37 (Fla. 1st DCA 1980) (holding that an election protest under section 102.166 was . . . Section 102.166(7), Florida Statutes (2000), also provides that the focus of any manual examination of . . . Lastly, section 102.166(7)(b) provides that, “[i]f a counting team is unable to determine a voter’s intent . . . On November 9, 2000, the Miami-Dade County Democratic Party made a timely request under section 102.166 . . . This reflects the proper interaction of section 102.166 governing protests and manual recounts and section . . . abuse of discretion is the proper standard for assessing a canvassing board’s actions in a section 102.166 . . . See § 102.166(4)(c), Fla. . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1133 (11th Cir. 2000)

. . . . § 102.166(3)(c). . . . Stat. § 102.166(5). 3. . . . Ann. § 102.166(5). . . . Stat. § 102.166(5). . . . . Stat. § 102.166(5). . . .

L. SIEGEL, v. LEPORE, E., 234 F.3d 1163 (11th Cir. 2000)

. . . . § 102.166(4)(a). . . . See id. § 102.166(4)(b). The canvassing board may, but is not required to, grant the request. . . . . § 102.166(4)(c); Broward County Canvassing Bd. v. . . . Id. § 102.166(4)(d). . . . Id. § 102.166(5). Florida law specifies the procedures for a manual recount. . . . . § 102.166(5). . . . Stat. § 102.166(5). . . . Stat. § 102.166(5). . . . Stat. § 102.166(4). . . . Stat. § 102.166(4). . . . . § 102.166(5). . . . Stat. § 102.166(4)(a). . . . Stat. §§ 102.166(5), (7)(b). . . . See Fla.Stat. § 102.166(4)(d). . . . . § 102.166(7)(b). . . .

BUSH v. PALM BEACH COUNTY CANVASSING BOARD, 531 U.S. 70 (U.S. 2000)

. . . See § 102.166. . . . Stat. §102.166 (2000) and the timeframe for submitting county returns under §§102.111 and 102.112, and . . .

MIAMI- DADE COUNTY DEMOCRATIC PARTY v. MIAMI- DADE COUNTY CANVASSING BOARD D. C., 773 So. 2d 1179 (Fla. Dist. Ct. App. 2000)

. . . previously conducted a “sample” manual recount of ballots from three of its precincts pursuant to section 102.166 . . . See § 102.166(5)(c), Fla. Stat. (1999). The manual recount began on November 20, 2000. . . . Section 102.166 provides in pertinent part: (5) If the manual recount indicates an error in the vote . . . the outcome of the election, the county canvassing board shall: (c) Manually recount all ballots. § 102.166 . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1220 (Fla. 2000)

. . . In this regard we consider the provisions of section 102.166 and 102.168. . . . See § 102.166(4)(d), Fla. Stat. (2000). . . . . Stat. § 102.166(5). . . . See § 102.166(4)(c), Fla. . . . . § 102.166(4)(d), Fla. Stat. (2000). . . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1130 (11th Cir. 2000)

. . . Miami-Dade Counties (hereinafter “Defendants”) alleging the unconstitutionality of Florida Statute § 102.166 . . .

C. TOUCHSTON, L. v. McDERMOTT, E. Jr. a, 120 F. Supp. 2d 1055 (M.D. Fla. 2000)

. . . In their complaint, Plaintiffs challenge the constitutionality of section 102.166(4) of the Florida Statutes . . . Plaintiffs contend that section 102.166(4), Florida Statutes, violates then-equal protection and due . . . Specifically, Plaintiffs argue that section 102.166(4) has enabled Vice President Gore to selectively . . . Section 102.166 is facially neutral and nondiscriminatory. . . . Moreover, "[a]ny manual recount shall be open to the public.” § 102.166(6), Fla. Stat. (2000). . . .

SIEGEL, S. D. W. v. LEPORE, E. Jr., 120 F. Supp. 2d 1041 (S.D. Fla. 2000)

. . . . § 102.166(3)(c). . . . Stat. § 102.166(4). . . . Stat. § 102.166(5). . . . Stat. § 102.166(5). . . . Stat. § 102.166(5). . . .

SCHEER, K. v. CITY OF MIAMI, J. L., 15 F. Supp. 2d 1338 (S.D. Fla. 1998)

. . . brought an in rem state lawsuit challenging the vote count in the first election pursuant to Section 102.166 . . .

BECKSTROM, v. VOLUSIA COUNTY CANVASSING BOARD L., 707 So. 2d 720 (Fla. 1998)

. . . On November 8, 1996, pursuant to section 102.166(11), Florida Statutes (1995), appellant filed in the . . . and decide the issue presented by appellant’s complaint in this election contest pursuant to sections 102.166 . . . Section 102.166(11), Florida Statutes (1995), provides in relevant part: Any candidate for nomination . . .

In THE MATTER OF THE PROTEST OF ELECTION RETURNS AND ABSENTEE BALLOTS IN NOVEMBER ELECTION FOR CITY OF MIAMI,, 707 So. 2d 1170 (Fla. Dist. Ct. App. 1998)

. . . On the same day, Carollo filed a protest to the run-off election pursuant to Section 102.166, Florida . . . Section 102.166(11), Florida Statutes (1997), which governs the protest of election returns, provides . . .

BROWARD COUNTY CANVASSING BOARD, v. S. HOGAN,, 607 So. 2d 508 (Fla. Dist. Ct. App. 1992)

. . . . § 102.166(1), Fla.Stat. (1991). . . . . § 102.166(4)(a), Fla.Stat. (1991). The request must state the reason for the request. . . . of contest, it does not change the discretionary aspect of the review procedures outlined in section 102.166 . . .

In A. FINNO,, 546 So. 2d 805 (Fla. Dist. Ct. App. 1989)

. . . Broward County on weekend call, and told him about the protest he wished to file pursuant to section 102.166 . . . circuit judge within five days of midnight of the date the election occurred” as provided in section 102.166 . . . Finno “presented” his election protest to a circuit judge within the time period prescribed by section 102.166 . . . Prior to 1977, section 102.166, Florida Statutes (1965) provided in pertinent part: (2) Whenever any . . . Section 102.166, Florida Statutes (1979). . . . .

CUMMINS ALABAMA, INC. v. A. ALLBRITTEN, U. S., 548 So. 2d 258 (Fla. Dist. Ct. App. 1989)

. . . Flack involved an election protest filed under section 102.166, Florida Statutes (1977). . . .

HARDEN, v. GARRETT,, 483 So. 2d 409 (Fla. 1985)

. . . Robert Harden challenged in the circuit court the validity and conduct of the election under sections 102.166 . . . Petitioner originally filed an election protest under section 102.166, Florida Statutes (1983), and an . . .

HARDEN v. GARRETT,, 13 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1985)

. . . Three days later, pursuant to Sec. 102.166(2), F.S., Harden filed a protest of election returns in the . . .

C. MORSE, v. DADE COUNTY CANVASSING BOARD L., 456 So. 2d 1314 (Fla. Dist. Ct. App. 1984)

. . . The circuit court’s jurisdiction could have been invoked here pursuant to Section 102.166 only by a protest . . .

In PROTEST OF ELECTION RETURNS UNDER SECTION FS, 447 So. 2d 1046 (Fla. Dist. Ct. App. 1984)

. . . In re PROTEST OF ELECTION RETURNS UNDER SECTION 102.166(2) FS. No. 83-1498. . . . Appellant filed a protest pursuant to Section 102.166(2), Florida Statutes (1988) and alleged that the . . .

R. FLACK, v. J. CARTER, 392 So. 2d 37 (Fla. Dist. Ct. App. 1980)

. . . Section 102.166, Florida Statutes (1977), provides: (1) Any candidate for nomination or election, or . . . We conclude, therefore, that Flack’s protest under § 102.166 was untimely. . . . decided that protest was untimely, we next turn our attention to the issue of whether compliance with § 102.166 . . . Section 102.166, Florida Statutes (1977), appears to be geared exclusively to the protest of election . . .

PETIT v. ADAMS, T., 211 So. 2d 565 (Fla. 1968)

. . . respondents who constitute the Dade County Canvassing Board pursuant to the provisions of Sections 102.166 . . . So.2d 10, concerning the validity of protest petitions and request for recount filed under Chapter 102.166 . . .

M. BRAKE, v. J. GISSENDANNER, 206 So. 2d 10 (Fla. Dist. Ct. App. 1968)

. . . would also hold that the protest filed by the appellant was untimely, pursuant to the provisions of § 102.166 . . . believes election returns are fraudulent, to file an affidavit of such facts before a circuit judge. § 102.166 . . . results to the proper authorities, and adjourned before noon on March 2, 1967, and that under Section 102.166 . . .