Florida Statutes

Fla. Stat. § 97.012 (2025)

Secretary of State as chief election officer.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 35 cases (4 in the last 5 years), 1984–2026 · leading case: Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020).

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Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020). · cites it 3× “” Fla. Stat. § 97.012 (14). That the Secretary must resort to judicial process if the Supervisors fail to perform their duties underscores her lack 31 Case: 19-14552 Date Filed: 09/03/2020 Page: 32 of 152 of authority over them.”

Madera v. Detzner, 325 F. Supp. 3d 1269 (N.D. Fla. 2018). · cites it 16× “" Fla. Stat. § 97.012 ; see also League of Women Voters v.”

Bush v. Gore, 531 U.S. 98 (2000). · cites it 4× “Importantly, the legislature has delegated the authority to run the elections and to oversee election disputes to the Secretary of *114 State (Secretary), Fla. Stat. Ann. § 97.012 (1) (Supp. 2001), and to state circuit courts, §§ 102.”

Florida Dept. of State v. Martin, 916 So. 2d 763 (Fla. 2005). · cites it 5× “The Department asserts, however, that section 97.012, Florida Statutes (2004), which delineates the responsibilities of the Secretary of State, limits the Department's discretion under section 101.”

League of Women Voters of Fla., Inc. v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018). · cites it 6× “" Fla. Stat. § 97.012 . He is required to "[o]btain and maintain uniformity in the interpretation and implementation of the election laws.”

Nancy Carola Jacobsen v. Florida Sec'y of State, 957 F.3d 1193 (11th Cir. 2020). · cites it 4× “” Fla. Stat. § 97.012 (14). That the Secretary must resort to judicial process if the Supervisors fail to perform their duties underscores her lack of authority over them.”

Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). · cites it 6× “§ 97.012. Notably, Secretary Browning, the Board, and Supervisor Dent all those charged with enforcing the Election Code and the proposed amendment assert that the SAFE *649 amendment cannot be carried out without conflicting with the Election Code.”

Bellitto v. Snipes, 221 F. Supp. 3d 1354 (S.D. Fla. 2016). · cites it 4× “Defendant argues that based on § 20510 and the NVRA’s overall structure, Plaintiffs can only file suit against the State of Florida or Florida’s Secretary of State.”

League of Women Voters of Fla., Inc. v. Detzner, 354 F. Supp. 3d 1280 (N.D. Fla. 2018). · cites it 6× “" Fla. Stat. § 97.012 . In Florida, county supervisors of elections may designate several different locations as early voting sites, including "any city hall, permanent public library facility, fairground, civic center, courthouse, .”

Florida Democratic Party v. Scott, 215 F. Supp. 3d 1250 (N.D. Fla. 2016). · cites it 2× “§ 97.012, Fla. Stat. (2016). Thus, Defendant Detzner is vested with the power to issue orders directing compliance with the election code or prohibiting violations thereof.”

Democratic Exec. Comm. of Florida v. Laurel M. Lee, 915 F.3d 1312 (11th Cir. 2019). “Here, of course, the signature-matching provisions of the election laws-including the provisions that enabled belated notice of mismatch to voters-were at issue. Because the Secretary is the state's chief election officer with the authority to relieve the burden on Plaintiffs'…”

Diaz v. Cobb, 541 F. Supp. 2d 1319 (S.D. Fla. 2008). · cites it 4× “Fla. Stat. § 97.012 (2005) & (2006). She is sued in her official capacity for her actions taken under color of state and federal law.”

Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). · cites it 3× “[18] § 97.012, Fla. Stat. (2000). [19] § 98.015, Fla.”

Advisory Opinion Re Term Limits Pledge, 718 So. 2d 798 (Fla. 1998). · cites it 2× “" § 97.012, Fla. Stat. (1997). The proposed amendment grants constitutional recognition to the Secretary of State's election-related powers and duties that have previously been statutory.”

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). · cites it 4× “” § 97.012(1), Fla. Stat. (2018). The Florida Election Code generally contemplates partisan elections.”

League of Women Voters of Florida v. Browning, 575 F. Supp. 2d 1298 (S.D. Fla. 2008). · cites it 2× “See Fla. Stat. § 97.012 . Browning must “[o]btain and maintain uniformity in the interpretation and implementation of the election laws” and “[p]rovide uniform standards for the proper and equitable implementation of the registration laws.”

Michael Polelle v. Florida Sec'y of State, 131 F.4th 1201 (11th Cir. 2025). “” Fla. Stat. § 97.012 (15). Given these circum- stances and because Florida law makes it “unlawful” to vote in the primary election of a party to which that voter does not belong, id.”

Wexler v. Lepore, 319 F. Supp. 2d 1354 (S.D. Fla. 2004). · cites it 2× “Fla. Stat. §§ 97.012 (1), 106.23(2). In the 1970s, the Florida legislature enacted the Electronic Voting Systems Act (“the EVSA”), approving electronic equipment for use in the state.”

Harris v. Florida Elections Canvassing Comm'n, 122 F. Supp. 2d 1317 (N.D. Fla. 2000). · cites it 2× “Under Fla. Stat. § 97.012 , the Secretary of State is dubbed the chief elections officer, and has the responsibility to "obtain and maintain uniformity in the application, operation, and interpretation of the registration laws.”

Cobb v. Thurman, 957 So. 2d 638 (Fla. 1st DCA 2006). · cites it 2× “§ 97.012, Fla. Stat. The Department of State is authorized to provide informational cards containing "information about how to vote and such other information as the Department of State may deem necessary" to the supervisors for the voters' use.”

Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). · cites it 2× “Fla. Stat. §§ 97.012 (1), 106.23(2). In the 1970s, the Florida Legislature enacted the Electronic Voting Systems Act (“the EVSA”), approving electronic equipment for use in the state.”

Sancho v. Joanos, 715 So. 2d 382 (Fla. 1st DCA 1998). “The two most authoritative non-judicial sources for interpretation of the Florida election laws are probably the Florida Secretary of State, who is designated the chief election officer of the state by section 97.012, and the Florida State Association of Supervisors of…”

Duke v. Smith, 784 F. Supp. 865 (S.D. Fla. 1992). · cites it 2× “With specific regard to the Secretary of State, that officer is chosen to serve on the selection committee as the chief election officer of the state, § 97.012, Fla.Stat., although that officer does not conduct elections.”

Jacksonville Coalition for Voter Prot. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). · cites it 3× “Fla. Stat. § 97.012 . ANALYSIS Before beginning the analysis necessary to determine the appropriateness of a preliminary injunction, the Court first takes this opportunity to acknowledge the important public service that has been undertaken by the Plaintiffs.”

Byrd v. Smart & Safe Florida (Fla. 1st DCA 2026). · cites it 12× “§ 97.012, Fla. Stat. Under Florida’s Election Code (Chapters 97 to 106 of the Florida Statutes), the Secretary is charged with obtaining and maintaining “uniformity in the interpretation and implementation of the election laws.”

Robert C. Touchston v. Michael McDermott, 234 F.3d 1133 (11th Cir. 2000). · cites it 5× “”41 Fla. Stat. § 97.012 (1) (2000). 40 As described in Part II.”

Rivera Madera v. Ertel (N.D. Fla. 2019). · cites it 9× “Fla. Stat. § 97.012 (14). In short, the Secretary maintains ample power over municipal elections, at least with regards to the issue here—compliance with federal law.”

Jacksonville Coalition for Voter Protect. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). · cites it 3× “Fla. Stat. § 97.012 . ANALYSIS Before beginning the analysis necessary to determine the appropriateness of a preliminary injunction, the Court first takes this opportunity to acknowledge the important public service that has been undertaken by the Plaintiffs.”

Socialist Workers Party v. Leahy, 927 F. Supp. 1554 (S.D. Fla. 1996). · cites it 3× “The Secretary has no power to enforce this provision as is made evident by Fla.Stat. § 97.012. That statute lists the responsibilities of the Secretary of State with respect to the election code.”

Fair v. Antista, 461 So. 2d 1344 (Fla. 1984). · cites it 2× “Fair’s pro se petition, filed in forma pauperis, asks us to direct the respondent officers of the Florida Department of State to maintain uniformity in the application of the election laws, as is the Department’s duty, under section 97.012(1), Florida Statutes (1983), by…”

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). · cites it 2× “” § 97.012(1), Fla. Stat. (2018). The Florida Election Code generally contemplates partisan elections.”

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment (Fla. 2020). · cites it 2× “See § 97.012, Fla. Stat. .... I, as Governor of Florida, .”

The Farmworker Ass'n of Florida, Inc. v. Attorney Gen. of the State of Florida (S.D. Fla. 2023). · cites it 2× “” Fla. Stat. § 97.012 (14). That the Secretary must resort to judicial process if the Supervisors fail to perform their duties underscores her lack of authority over them.”

Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024). · cites it 2× “” See § 97.012(1), Fla. Stat. The Election Code further authorizes the Secretary to “prescribe by rule requirements for filing papers to qualify as a candidate.”

Jacobson v. Lee (N.D. Fla. 2019). “(2019), and her authority to “[o]btain and maintain uniformity in the interpretation and implementation of the elections laws,” § 97.012(1), Fla. 29 One could be forgiven for thinking otherwise, given the difficulty Florida seems to have with the concept.”

— 97.012(1) — 10 cases

Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “§ 97.012. Notably, Secretary Browning, the Board, and Supervisor Dent all those charged with enforcing the Election Code and the proposed amendment assert that the SAFE *649 amendment cannot be carried out without conflicting with the Election Code.”

Orange Cnty., Florida v. Rick Singh, etc., 268 So. 3d 668 (Fla. 2019). “” § 97.012(1), Fla. Stat. (2018). The Florida Election Code generally contemplates partisan elections.”

Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “[18] § 97.012, Fla. Stat. (2000). [19] § 98.015, Fla.”

Jacksonville Coalition for Voter Prot. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). “Fla. Stat. § 97.012 . ANALYSIS Before beginning the analysis necessary to determine the appropriateness of a preliminary injunction, the Court first takes this opportunity to acknowledge the important public service that has been undertaken by the Plaintiffs.”

Fair v. Antista, 461 So. 2d 1344 (Fla. 1984). “Fair’s pro se petition, filed in forma pauperis, asks us to direct the respondent officers of the Florida Department of State to maintain uniformity in the application of the election laws, as is the Department’s duty, under section 97.012(1), Florida Statutes (1983), by…”

Orange Cnty., Florida v. Rick Singh, etc. (Fla. 2019). “” § 97.012(1), Fla. Stat. (2018). The Florida Election Code generally contemplates partisan elections.”

Carey Baker v. Mark v. Jordan & D. Alan Hays, as Supervisor of Elections, Lake Cnty., Florida (Fla. 5th DCA 2024). “” See § 97.012(1), Fla. Stat. The Election Code further authorizes the Secretary to “prescribe by rule requirements for filing papers to qualify as a candidate.”

Byrd v. Smart & Safe Florida (Fla. 1st DCA 2026). “§ 97.012, Fla. Stat. Under Florida’s Election Code (Chapters 97 to 106 of the Florida Statutes), the Secretary is charged with obtaining and maintaining “uniformity in the interpretation and implementation of the election laws.”

Jacksonville Coalition for Voter Protect. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). “Fla. Stat. § 97.012 . ANALYSIS Before beginning the analysis necessary to determine the appropriateness of a preliminary injunction, the Court first takes this opportunity to acknowledge the important public service that has been undertaken by the Plaintiffs.”

— 97.012(14) — 1 case

— 97.012(16) — 2 cases

Rivera Madera v. Ertel (N.D. Fla. 2019). “Fla. Stat. § 97.012 (14). In short, the Secretary maintains ample power over municipal elections, at least with regards to the issue here—compliance with federal law.”

— 97.012(2) — 1 case

Socialist Workers Party v. Leahy, 927 F. Supp. 1554 (S.D. Fla. 1996). “The Secretary has no power to enforce this provision as is made evident by Fla.Stat. § 97.012. That statute lists the responsibilities of the Secretary of State with respect to the election code.”

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