Florida Statute 97.012 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 97.012

Arrestable Offenses / Crimes under Fla. Stat. 97.012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 97.012.

Annotations, Discussions, Cases:

Cases Citing Statute 97.012

Total Results: 20

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

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

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-04-18T00:00:00-07:00

Citation: 268 So. 3d 668

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

Orange County, Florida v. Rick Singh, etc.

Court: Fla. | Date Filed: 2019-01-03T23:53:00-08:00

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

McClash v. Land Trust 97-12

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-21T00:00:00-07:00

Citation: 224 So. 3d 244, 2017 WL 1102970

Snippet: Fla. Dist. Ct. App. McClash v. Land Trust 97-12 21 March 2017 224 So. 3d 244, 2017 WL 1102970

ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. Shirk

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-12T00:53:00-07:00

Citation: 989 So. 2d 1267

Snippet: under the specific authority of sections 20.10(3), 97.012(1), 100.371(3), (7), 101.161(2), Fla. Stat. (2007

Browning v. Sarasota Alliance

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-31T00:53:00-07:00

Citation: 968 So. 2d 637

Snippet: and implementation of the election laws." § 97.012(1). The Election Code provides that "no vote…campaign financing. Moreover, pursuant to section 97.012(1), which grants the Secretary of State authority…and implementation of the election laws." § 97.012(1). "[N]o vote shall be received or counted…and implementation of the election laws." § 97.012(1). The Secretary is given authority to enact rules…and implementation of the election laws." § 97.012(1). Moreover, if the SAFE amendment were upheld

Cobb v. Thurman

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-27T00:53:00-07:00

Citation: 957 So. 2d 638

Snippet: sections 97.012, 101.031(1), 101.031(2), and 101.5611(1), Florida Statutes, which state: 97.012 Secretary…assistance to the supervisors on voter education. § 97.012, Fla. Stat. The Department of State is authorized

Florida Dept. of State v. Martin

Court: Fla. | Date Filed: 2005-11-09T23:53:00-08:00

Citation: 916 So. 2d 763

Snippet: . The Department asserts, however, that section 97.012, Florida Statutes (2004), which delineates the …Specifically, the Department asserts that section 97.012 appoints the Secretary of State as the chief elections…responsibilities imposed on the Secretary by section 97.012 are inapplicable to the Department in the exercise…requirement for orderly elections provided in section 97.012, this requirement does not set forth adequate standards

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-04-28T00:53:00-07:00

Snippet: Thus, as discussed in Attorney General Opinions 97-12 and 94-40, while the statutes do use the term "

Palm Beach County Canvassing Bd. v. Harris

Court: Fla. | Date Filed: 2000-11-20T23:53:00-08:00

Citation: 772 So. 2d 1220

Snippet: would be treated in a uniform fashion. Section 97.012(1) states that it is the Secretary's responsibility…Governor Jeb Bush. See § 102.111, Fla. Stat. [18] § 97.012, Fla. Stat. (2000). [19] § 98.015, Fla. Stat.

Alachua County v. State

Court: Fla. | Date Filed: 1999-05-13T00:53:00-07:00

Citation: 737 So. 2d 1065

Snippet: Fee"), imposed by Alachua County Ordinance 97-12, and adopted by the county commission on August …charge," Alachua County, Fla. Ordinance *1068 97-12 § 1.02(G) (Aug. 12, 1997), and the rental value

Advisory Opinion Re Term Limits Pledge

Court: Fla. | Date Filed: 1998-10-01T00:00:00-07:00

Citation: 718 So. 2d 798

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

Sancho v. Joanos

Court: Fla. Dist. Ct. App. | Date Filed: 1998-08-25T00:53:00-07:00

Citation: 715 So. 2d 382

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

Smalls v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-05T00:00:00-08:00

Citation: 689 So. 2d 331, 1997 Fla. App. LEXIS 403

Snippet: when defendant filed initial motion). No. 97-12 District Court of Appeal of Florida fladistctapp

Nikolits v. Nicosia

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-05T23:53:00-08:00

Citation: 682 So. 2d 663

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

South Lake Worth Inlet Dist. v. Ocean Ridge

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-22T23:53:00-08:00

Citation: 633 So. 2d 79

Snippet: benefits of the inlet activity." [e.s.] Ch. 87-97, § 12, at 456-57, Laws of Fla. This new provision was

Ago

Court: Fla. Att'y Gen. | Date Filed: 1989-03-28T23:53:00-08:00

Snippet: regulation of street level zoning). 14 See, s. 97.012, F.S. Florida Attorney General Reports

Ago

Court: Fla. Att'y Gen. | Date Filed: 1988-04-12T00:53:00-07:00

Snippet: pursuant to s.99.012, F.S. 5 It is recognized that s. 97.012, F.S., makes the Secretary of State the chief election

Chirino v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-08T00:00:00-08:00

Citation: 516 So. 2d 97, 12 Fla. L. Weekly 2755, 1987 Fla. App. LEXIS 11381, 1987 WL 2307

Snippet: Ferguson, Hendry, Hubbart 8 December 1987 516 So. 2d 97, 12 Fla. L. Weekly 2755, 1987 Fla. App. LEXIS 11381

Wetjen v. Sarasota County Public Hospital Board

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-01T00:00:00-07:00

Citation: 506 So. 2d 97, 12 Fla. L. Weekly 1141, 1987 Fla. App. LEXIS 7940

Snippet: Danahy, Sanderlin, Schoonover 1 May 1987 506 So. 2d 97, 12 Fla. L. Weekly 1141, 1987 Fla. App. LEXIS 7940