CopyCited 105 times | Published | Court of Appeals for the Eleventh Circuit | 2008 WL 880569
...lication was
correct. The voter can do this either before election day, or she can go to the polls
on election day and cast a provisional ballot and then within two days bring the
proof to the Supervisor of Elections. See Fla. Stat. §
97.053(6); §
101.048
(specifying the procedure for validating a provisional ballot).
However, if the error was made by the applicant herself – either by
transposing digits in the entry of the driver’s license number or by entering a
3...
...authenticity of the identification numbers “provided on the application”). There is
no post-election way to fix an applicant-side error, and the provisional ballot cast
by such a voter would not be counted because the voter would have failed to
register in time. See Fla. Stat. § 101.048(2)(b)2 (“If it is determined that the
person voting the provisional ballot was not registered ....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit
...Working in tandem, the cure provision and the original signature-match requirement were supposed to guard against both vote-by-mail fraud and arbitrary disenfranchisement of legitimate voters. Florida also allows prospective voters who cannot prove their eligibility to vote to cast provisional ballots. Fla. Stat. § 101.048 (1) (2008)....
...Like vote-by-mail ballots, provisional ones are also protected by the signature-match requirement: if the signature on the provisional ballot voter's certificate and affirmation does not match the signature on the voter's registration, the ballot will not count. Id. § 101.048(2)(b) 1....
...We indicated in that order that written opinions explaining the basis for our decision would follow. This opinion sets forth our reasoning. The facts provided come from the record evidence unless otherwise indicated. Before the district court, the Attorney General posited that Fla. Stat. § 101.048 (1) empowers a provisional voter to cure her mismatched signature by 5 p.m. on the second day following the election. However, § 101.048(1) merely allows a provisional voter to present written evidence supporting her eligibility to vote. That evidence is then considered by the county canvassing board when determining whether the person is entitled to vote. Id. § 101.048(2)(a). Only after determining that the person is entitled to vote does the canvassing board compare signatures. Id. § 101.048(2)(b). The section provides no information about giving notice of signature mismatch in time to implement a cure, let alone information on how to cure. On its face, § 101.048(1) cannot fairly be said to provide provisional voters an opportunity to cure....
CopyCited 13 times | Published | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 650
respect to the Air Florida bankruptcy, now 11 U.S.C. § 101(48), that "transfers" include indirect dispositions
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111
...Section
101.043 describes the types of identification that voters must present at the polls to obtain a ballot. Section
101.031(2) sets forth what documents must be posted at polling places. This chapter also sets forth the procedures to handle provisional ballots (§§
101.048-.049), early voting (§
101.657), overseas ballots (§§
101.6951, .6952), and absentee ballots (§§
101.6105, .62, .64, .655, .661, .662, .663, .67, .68, .6921, .6923, .6925, .698)....
...following a general election. Yet the Election Code as it was in effect in 2006 provided that those who cast provisional ballots had until 5 p.m. on the third day following the election to present evidence supporting *652 their eligibility to vote. § 101.048(1)....
...101.591, Florida Statutes, as amended by section 8 which prescribe detailed audit procedures for each voting system, which shall be uniform to the extent practicable, along with the standard form for audit reports."). [11] The May 2007 amendments changed this provision of the Election Code. Under section 101.048(1), Florida Statutes (2007), a person casting a provisional ballot has until 5 p.m....
CopyCited 6 times | Published | Supreme Court of Florida
...be of great public importance and to require immediate resolution by this Court. We have jurisdiction. See art. V, § 3(b)(5), Fla. Const. 1. Facts In 2001, the Florida Legislature enacted legislation allowing voters to cast provisional ballots. See § 101.048, Fla....
...count the ballot until the voter's eligibility is confirmed. See id. Before the ballot will be counted, officials must confirm (1) that the voter is registered and (2) that the voter is eligible to vote at the precinct where the ballot was cast. See § 101.048(2), Fla. Stat. (2004). On August 17, 2004, four registered voters and several labor organizations filed a petition for writ of mandamus in this Court, alleging that the precinct-specific requirement in section 101.048 violates the Florida Constitution....
...n 1, Florida Constitution, and imposes an additional qualification on the right of suffrage, in violation of article VI, section 2. 2. The Applicable Law The plaintiffs' facial challenge to the constitutionality of the precinct-specific provision in section 101.048, Florida Statutes (2004), is a pure question of law, subject to de novo review....
...relevant part: No person shall be permitted to vote in any election precinct or district other than the one in which the person has his or her legal residence and in which the person is registered. §
101.045(1), Fla. Stat. (2004) (emphasis added). Section
101.048, Florida Statutes (2004), addresses provisional ballots and provides as follows in relevant part:
101.048 Provisional ballots....
...(2) If it is determined that the person voting the provisional ballot was not registered or entitled to vote at the precinct where the person cast a vote in the election, the provisional ballot shall not be counted and the ballot shall remain in the envelope ... and the envelope shall be marked "Rejected as Illegal." § 101.048, Fla....
...The traditional precinct-specific provision that applies to all voters is codified in section
101.045 and has been a feature of Florida election law for decades. See §
101.045, Fla. Stat. (2004). The plaintiffs do not challenge the validity of that provision. Rather, they challenge only the precinct-specific provision in section
101.048. Yet, the plaintiffs fail to show how section
101.048 is distinguishable from section
101.045 in this regard. Under their reasoning, if the precinct-specific provision in section
101.048 were to be held invalid, then the traditional precinct-specific provision in section
101.045 also would be infirm. We conclude that the precinct-specific provision in section
101.048 is a regulation of the voting process, not a qualification placed on the voter, and is no more unreasonable or unnecessary than the comparable provision in section
101.045, which has been operative for decades. The Legislature reasonably may have determined that both regulations are necessary to ensure the integrity of the election process. We hold that the plaintiffs have failed to show that the precinct-specific provision in section
101.048 imposes an "[u]nreasonable or unnecessary restraint[ ] on the elective process." See Treiman,
342 So.2d at 975. We affirm the trial court's ruling upholding the facial constitutionality of section
101.048, Florida Statutes (2004), in this regard....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 1986 Bankr. LEXIS 6206
for the benefit of Eastern. It is clear under § 101(48) that "transfers" include indirect dispositions
CopyCited 4 times | Published | District Court, N.D. Florida
II Before addressing the merits, this Court must address some preliminary issues. The first is whether the Plaintiffs have standing. Next, this Court will address affirmative defenses raised by Defendants. A Standing is a threshold matter this Court must determine before proceeding to consider the merits of Plaintiffs' claims. E.g. , Via Mat Int'l S. Am. Ltd. v. United States ,
446 F.3d 1258, 1262 (11th Cir. 2006). In certain scenarios, associations or organizations have standing to assert claims
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1986 A.M.C. 1734, 1985 Bankr. LEXIS 5028
to a mortgage or a security interest (11 U.S.C. § 101(48)). In addition, a Debtor in Possession has the
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 5203
definition of "transfer" under the Bankruptcy Code § 101(48) as follows: "transfer means every mode, direct
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 1987 Bankr. LEXIS 1230
the debtor's equity of redemption." 11 U.S.C. § 101(48) (1986).] Durrett is the controlling case authority
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 5339
within a definition of that term as defined by § 101(48) of the Bankruptcy Code. It is equally clear,
CopyPublished | Supreme Court of Florida | 57 A.L.R. 6th 797, 29 Fla. L. Weekly Supp. 597, 2004 Fla. LEXIS 1815, 2004 WL 2331776
...be of great public importance and to require immediate resolution by this Court. We have jurisdiction. See art. V, § 3(b)(5), Fla. Const. 1. Facts In 2001, the Florida Legislature enacted legislation allowing voters to cast provisional ballots. See § 101.048, Fla....
...unt the ballot until the voter’s eligibility is confirmed. See id. Before the ballot will be counted, officials must confirm (1) that the voter is registered and (2) that the voter is eligible to vote at the precinct where the ballot was cast. See § 101.048(2), Fla. Stat. (2004). On August 17, 2004, four registered voters and several labor organizations filed a petition for writ of mandamus in this Court, alleging that the precinct-specific requirement in section 101.048 violates the Florida Constitution....
...1, Florida Constitution, and imposes an additional qualification on the right of suffrage, in violation of article VI, section 2. 2. The Applicable Law The plaintiffs’ facial challenge to the constitutionality of the precinct-specific provision in section 101.048, Florida Statutes (2004), is a pure question of law, subject to de novo review....
...relevant part: No person shall be permitted to vote in any election precinct or district other than the one in which the person has his or her legal residence and in which the person is registered. §
101.045(1), Fla. Stat. (2004) (emphasis added). Section
101.048, Florida Statutes (2004), addresses provisional ballots and provides as follows in relevant part:
101.048 Provisional ballots.— (1) At all elections, a voter claiming to be properly registered in the county and eligible to vote at the precinct in the election, but whose eligibility cannot be determined ......
...(2) If it is determined that the person voting the provisional ballot was not registered or entitled to vote at the precinct where the person cast a vote in the election, the provisional ballot shall not be counted and the ballot shall remain in the envelope ... and the envelope shall be marked “Rejected as Illegal.” § 101.048, Fla....
...The traditional precinct-specific provision that applies to all voters is codified in section
101.045 and has been a feature of Florida election law for decades. See §
101.045, Fla. Stat. (2004). The plaintiffs do not challenge the validity of that provision. Rather, they challenge only the precinct-specific provision in section
101.048. Yet, the plaintiffs fail to show how section
101.048 is distinguishable from section
101.045 in this regard. Under their reasoning, if the precincUspecific provision in section
101.048 were to be held invalid, then the traditional precinct-specific provision in section
101.045 also would be infirm. We conclude that the precinct-specific provision in section
101.048 is a regulation of the voting process, not a qualification placed on the voter, and is no more unreasonable or unnecessary than the comparable provision in section
101.045, which has been operative for decades. The Legislature reasonably may have determined that both regulations are necessary to ensure the integrity of the election process. We hold that the plaintiffs have failed to show that the precinct-specific provision in section
101.048 imposes an “[unreasonable or unnecessary restraint[ ] on the elective process.” See Treiman,
342 So.2d at 975 . We affirm the trial court’s ruling upholding the facial constitutionality of section
101.048, Florida Statutes (2004), in this regard....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
Supervisor of Elections meets the requirements of section
101.048, Florida Statutes, and certifies the election
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 6982
a "transfer" within the meaning of § 547. Section 101(48) of the Bankruptcy Code defines the term "transfer"
CopyPublished | Court of Appeals for the Eleventh Circuit
...Lee,
915 F.3d 1312, 1316 (11th Cir. 2019) (citing Fla. Stat. §
101.68(4)).
The plaintiffs also challenged the application of Florida’s law allowing
prospective voters who could not prove their eligibility to cast provisional ballots.
See Fla. Stat. §
101.048(1) (2008). Like mail-in votes, provisional votes were
subject to a signature-match provision. Id. §
101.048(2)(b)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...5
Case: 18-14758 Date Filed: 02/15/2019 Page: 6 of 83
Florida also allows prospective voters who cannot prove their eligibility to
vote to cast provisional ballots. Fla. Stat. § 101.048(1) (2008)....
...Like vote-by-mail
ballots, provisional ones are also protected by the signature-match requirement: if
the signature on the provisional ballot voter’s certificate and affirmation does not
match the signature on the voter’s registration, the ballot will not count. Id. §
101.048(2)(b)1....
...arbitrary basis, in violation of the First and Fourteenth Amendments. As relevant
here, Plaintiffs asked the district court for an emergency injunction requiring
5
Before the district court, the Attorney General posited that Fla. Stat. § 101.048(1)
empowers a provisional voter to cure her mismatched signature by 5 p.m. on the second day
following the election. However, § 101.048(1) merely allows a provisional voter to present written
evidence supporting her eligibility to vote. That evidence is then considered by the county
canvassing board when determining whether the person is entitled to vote. Id. § 101.048(2)(a).
Only after determining that the person is entitled to vote does the canvassing board compare
signatures. Id. § 101.048(2)(b). The section provides no information about giving notice of
signature mismatch in time to implement a cure, let alone information on how to cure. On its face,
§ 101.048(1) cannot fairly be said to provide provisional voters an opportunity to cure.
6
Case: 18-14758 Date Filed: 02/15/2019 Page: 7 of 83
officials to stop rejecting ballo...
...(Tier I) or non-photo (Tier 2) ID. Id. §
101.68(4)(c). If a Tier 2 ID is used, the signature on the
cure affidavit must match the signature in the registration entry. Id. §§
101.68(2)(c)(1)(a)–(b).
4
Id. §
101.68(4)(a).
5
Id. §
101.048(1).
6
Id.
7
Id. §§
101.048(2)(a)–(b).
8
Id. §
101.048(2)(b)(1).
References to “VBM and provisional voters” are, unless indicated otherwise, to VBM
and provisional voters whose ballots had been, or might be, rejected because the signature on the
“voter’s certificate” on the e...
...53
Case: 18-14758 Date Filed: 02/15/2019 Page: 54 of 83
The District Court found that the Code’s signature-matching provisions, Fla.
Stat. §§
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....
...ate identification). But the
27
Similarly, some provisional voters found eligible to vote in the precinct where they
voted were arbitrarily deprived of the right to vote because the signatures seemed not to match.
See Fla. Stat. § 101.048(2)(b)(1).
62
Case: 18-14758 Date Filed: 02/15/2019 Page: 63 of 83
obvious remedy was out of the question; it would render the outcomes of the 2018
general elec...
