Florida Statute 97.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS

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F.S. 97.012

97.012 Secretary of State as chief election officer.—The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws. In order to obtain and maintain uniformity in the interpretation and implementation of the election laws, the Department of State may, pursuant to ss. 120.536(1) and 120.54, adopt by rule uniform standards for the proper and equitable interpretation and implementation of the requirements of chapters 97 through 102 and 105 of the Election Code.

(2) Provide uniform standards for the proper and equitable implementation of the registration laws by administrative rule of the Department of State adopted pursuant to ss. 120.536(1) and 120.54.

(3) Actively seek out and collect the data and statistics necessary to knowledgeably scrutinize the effectiveness of election laws.

(4) Provide technical assistance to the supervisors of elections on voter education and election personnel training services.

(5) Provide technical assistance to the supervisors of elections on voting systems.

(6) Provide voter education assistance to the public.

(7) Coordinate the state’s responsibilities under the National Voter Registration Act of 1993.

(8) Provide training to all affected state agencies on the necessary procedures for proper implementation of this chapter.

(9) Ensure that all registration applications and forms prescribed or approved by the department are in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993.

(10) Coordinate with the United States Department of Defense so that armed forces recruitment offices administer voter registration in a manner consistent with the procedures set forth in this code for voter registration agencies.

(11) Create and administer a statewide voter registration system as required by the Help America Vote Act of 2002. The secretary may delegate voter registration duties and records maintenance activities to voter registration officials. Any responsibilities delegated by the secretary shall be performed in accordance with state and federal law.

(12) Maintain a voter fraud hotline and provide election fraud education to the public.

(13) Designate an office within the department to be responsible for providing information regarding voter registration procedures and vote-by-mail ballot procedures to absent uniformed services voters and overseas voters.

(14) Bring 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 or any official performing duties with respect to chapters 97 through 102 and 105 or to enforce compliance with a rule of the Department of State adopted to interpret or implement any of those chapters.

(a) Venue for such actions shall be in the Circuit Court of Leon County.

(b) When the secretary files an action under this section and not more than 60 days remain before an election as defined in s. 97.021, or during the time period after the election and before certification of the election pursuant to s. 102.112 or s. 102.121, the court, including an appellate court, shall set an immediate hearing, giving the case priority over other pending cases.

(c) Prior to filing an action to enforce performance of the duties of the supervisor of elections or any official described in this subsection, the secretary or his or her designee first must confer, or must make a good faith attempt to confer, with the supervisor of elections or the official to ensure compliance with chapters 97 through 102 and 105 or the rules of the Department of State adopted under any of those chapters.

(15) Conduct preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate petition, or issue petition activities and report his or her findings to the statewide prosecutor or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if warranted. The Department of State may prescribe by rule requirements for filing an elections-fraud complaint and for investigating any such complaint.

(16) Provide 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.

(17) Provide mandatory formal signature matching training to supervisors of elections and county canvassing board members. Any person whose duties require verification of signatures must undergo signature matching training. The department shall adopt rules governing signature matching procedures and training.

History.—s. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s. 2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch. 2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278; s. 1, ch. 2008-95; s. 1, ch. 2011-40; s. 1, ch. 2016-37; s. 1, ch. 2019-162; s. 1, ch. 2023-120.

F.S. 97.012 on Google Scholar

F.S. 97.012 on CourtListener

Amendments to 97.012

Annotations, Discussions, Cases:

Cases Citing Statute 97.012

Total Results: 36

Democratic Executive Committee of Florida v. Laurel M. Lee

915 F.3d 1312

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2019 | Docket: 14554537

Cited 54 times | Published

for prospective injunctive relief. Fla. Stat. § 97.012 (2016) ; Fla. Democratic Party , 2016 WL 6090943

Socialist Workers Party v. Leahy

145 F.3d 1240, 1998 U.S. App. LEXIS 15041, 1998 WL 374949

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1998 | Docket: 394754

Cited 52 times | Published

the “chief election officer of the state.” Section 97.012, Fla. Stat. As such, she has responsibility

Socialist Workers Party v. Leahy

145 F.3d 1240

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 1998 | Docket: 2036733

Cited 43 times | Published

the “chief election officer of the state.” Section 97.012, Fla. Stat. As such, she has responsibility

Florida Dept. of State v. Martin

916 So. 2d 763, 2005 WL 3005562

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 1187383

Cited 37 times | Published

election. The Department asserts, however, that section 97.012, Florida Statutes (2004), which delineates

Advisory Opinion Re Term Limits Pledge

718 So. 2d 798, 23 Fla. L. Weekly Supp. 505, 1998 Fla. LEXIS 1893, 1998 WL 682524

Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 466471

Cited 29 times | Published

as "the chief election officer of the state." § 97.012, Fla. Stat. (1997). The proposed amendment grants

Palm Beach County Canvassing Bd. v. Harris

772 So. 2d 1220, 2000 WL 1725434

Supreme Court of Florida | Filed: Nov 21, 2000 | Docket: 2561311

Cited 11 times | Published

and would be treated in a uniform fashion. Section 97.012(1) states that it is the Secretary's responsibility

League of Women Voters of Florida v. Browning

575 F. Supp. 2d 1298, 2008 U.S. Dist. LEXIS 62726, 2008 WL 3200654

District Court, S.D. Florida | Filed: Aug 6, 2008 | Docket: 1026671

Cited 8 times | Published

Florida's chief elections officer. See Fla. Stat. § 97.012. Browning must "[o]btain and maintain uniformity

Browning v. Sarasota Alliance

968 So. 2d 637, 2007 WL 3170111

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 2531657

Cited 8 times | Published

interpretation and implementation of the election laws." § 97.012(1). The Election Code provides that "no vote shall

Diaz v. Cobb

541 F. Supp. 2d 1319, 56 A.L.R. 6th 815, 2008 U.S. Dist. LEXIS 27361, 2008 WL 793584

District Court, S.D. Florida | Filed: Mar 25, 2008 | Docket: 2132931

Cited 6 times | Published

and administration of election laws. Fla. Stat. § 97.012 (2005) & (2006). She is sued in her official capacity

League of Women Voters of Fla., Inc. v. Detzner

314 F. Supp. 3d 1205

District Court, N.D. Florida | Filed: Jul 24, 2018 | Docket: 64319033

Cited 5 times | Published

State is the "chief election officer." Fla. Stat. § 97.012. He is required to "[o]btain and maintain uniformity

Florida Democratic Party v. Scott

215 F. Supp. 3d 1250, 2016 U.S. Dist. LEXIS 142064, 2016 WL 6080990

District Court, N.D. Florida | Filed: Oct 10, 2016 | Docket: 64310958

Cited 5 times | Published

“chief election officer” for the State of Florida. § 97.012, Fla. Stat. (2016). Thus, Defendant Detzner is

Sancho v. Joanos

715 So. 2d 382, 1998 WL 536352

District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 1366105

Cited 5 times | Published

the chief election officer of the state by section 97.012, and the Florida State Association of Supervisors

Bellitto v. Snipes

221 F. Supp. 3d 1354, 2016 U.S. Dist. LEXIS 148234, 2016 WL 6248602

District Court, S.D. Florida | Filed: Oct 26, 2016 | Docket: 64311527

Cited 4 times | Published

Florida, is the Secretary of State. See Fla. Stat. § 97.012 (“The Secretary of State is the chief election

Nikolits v. Nicosia

682 So. 2d 663, 1996 WL 637447

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1276332

Cited 4 times | Published

interpretation and operation of the election laws. See § 97.012(1), Fla. Stat. (1995). For the foregoing reasons

League of Women Voters of Fla., Inc. v. Detzner

354 F. Supp. 3d 1280

District Court, N.D. Florida | Filed: Jul 24, 2018 | Docket: 64322264

Cited 3 times | Published

State and its "chief election officer." Fla. Stat. § 97.012. In Florida, county supervisors of elections may

Harris v. Florida Elections Canvassing Commission

122 F. Supp. 2d 1317, 2000 U.S. Dist. LEXIS 17875

District Court, N.D. Florida | Filed: Dec 9, 2000 | Docket: 523088

Cited 3 times | Published

incorporated herein by reference. [4] Under Fla. Stat. § 97.012, the Secretary of State is dubbed the chief elections

Cobb v. Thurman

957 So. 2d 638, 2006 WL 3041924

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1678929

Cited 2 times | Published

assistance to the supervisors on voter education. § 97.012, Fla. Stat. The Department of State is authorized

Touchston v. Mcdermott

234 F.3d 1133

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2000 | Docket: 257768

Cited 2 times | Published

the chief election officer of the state, Fla. Stat. 97.012(1), but the actual conducting of elections

Duke v. Smith

784 F. Supp. 865, 21 Fed. R. Serv. 3d 803, 1992 U.S. Dist. LEXIS 1682, 1992 WL 25430

District Court, S.D. Florida | Filed: Jan 30, 1992 | Docket: 1751942

Cited 2 times | Published

committee as the chief election officer of the state, § 97.012, Fla.Stat., although that officer does not conduct

Orange County, Florida v. Rick Singh, etc.

268 So. 3d 668

Supreme Court of Florida | Filed: Apr 18, 2019 | Docket: 14958306

Cited 1 times | Published

interpretation and implementation of the election laws." § 97.012(1), Fla. Stat. (2018). The Florida Election Code

JACKSONVILLE COALITION FOR VOTER PROTECT. v. Hood

351 F. Supp. 2d 1326

District Court, M.D. Florida | Filed: Oct 25, 2004 | Docket: 2279928

Cited 1 times | Published

sites than similarly-sized counties. Fla. Stat. § 97.012. ANALYSIS Before beginning the analysis necessary

Michael Polelle v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2025 | Docket: 67417924

Published

Argued: Oct 11, 2024

circuit . . . for prosecution.” Fla. Stat. § 97.012(15). Given these circum- stances and

Carey Baker v. Mark v. Jordan and D. Alan Hays, as Supervisor of Elections, Lake County, Florida

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378572

Published

and implementation of the election laws.” See § 97.012(1), Fla. Stat. The Election Code further authorizes

League of Women Voters of Florida Inc. v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 2023 | Docket: 63292119

Published

adopted by the Legislature. See FLA. STAT. § 97.012(1). What is more, the Attorney

City of South Miami v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Apr 13, 2023 | Docket: 66927274

Published

Argued: Mar 2, 2023

a county supervisor of elections.” FLA. STAT. § 97.012(14) (emphasis added). A statute’s use

Nancy Carola Jacobsen v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2020 | Docket: 18407994

Published

a county supervisor of elections.” Fla. Stat. § 97.012(14). That the Secretary must resort to judicial

Nancy Carola Jacobsen v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2020 | Docket: 17109775

Published

a county supervisor of elections.” Fla. Stat. § 97.012(14). That the Secretary must resort to judicial

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761642

Published

implementation of voter registration and election laws. See § 97.012, Fla. Stat. .... I, as Governor

Democratic Executive Committee of Florida v. Laurel M. Lee

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2019 | Docket: 14554959

Published

for prospective injunctive relief. Fla. Stat. § 97.012 (2016); Fla. Democratic Party, 2016 WL 6090943

Orange County, Florida v. Rick Singh, etc.

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498536

Published

interpretation and implementation of the election laws.” § 97.012(1), Fla. Stat. (2018). The Florida Election

Madera v. Detzner

325 F. Supp. 3d 1269

District Court, N.D. Florida | Filed: Sep 10, 2018 | Docket: 64320080

Published

Florida's "chief election officer." Fla. Stat. § 97.012 ; see also League of Women Voters v. Detzner

Jacksonville Coalition for Voter Protection v. Hood

351 F. Supp. 2d 1326, 2004 U.S. Dist. LEXIS 26522, 2004 WL 3088633

District Court, M.D. Florida | Filed: Oct 25, 2004 | Docket: 65969537

Published

sites than similarly-sized counties. Fla. Stat. § 97.012. ANALYSIS Before beginning the analysis necessary

Robert C. Touchston v. Michael McDermott

234 F.3d 1133, 2000 WL 1781942

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396313

Published

chief election officer of the state, Fla. Stat. § 97.012(1), but the actual conducting of elections takes

Socialist Workers Party v. Leahy

927 F. Supp. 1554, 1996 U.S. Dist. LEXIS 7975, 1996 WL 316382

District Court, S.D. Florida | Filed: May 24, 1996 | Docket: 66004985

Published

this provision as is made evident by Fla.Stat. § 97.012. That statute lists the responsibilities of the

Ago

Florida Attorney General Reports | Filed: Jul 17, 1986 | Docket: 3255304

Published

and interpretation of the election laws." Section 97.012(1), F.S. Indeed, this office has previously

Fair v. Antista

461 So. 2d 1344, 9 Fla. L. Weekly 396, 1984 Fla. LEXIS 3399

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64609214

Published

election laws, as is the Department’s duty, under section 97.012(1), Florida Statutes (1983), by ensuring that