Florida Statute 101.151 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.151

101.151 Specifications for ballots.—

(1)(a) Marksense ballots shall be printed on paper of such thickness that the printing cannot be distinguished from the back and shall meet the specifications of the voting system that will be used to tabulate the ballots.

(b) Polling places and early voting sites may employ a ballot-on-demand production system to print individual marksense ballots, including provisional ballots, for eligible electors. Ballot-on-demand technology may be used to produce marksense vote-by-mail and election-day ballots.

(2)(a) The ballot must include the following office titles above the names of the candidates for the respective offices in the following order:

1. The office titles of President and Vice President above the names of the candidates for President and Vice President of the United States nominated by the political party that received the highest vote for Governor in the last general election of the Governor in this state, followed by the names of other candidates for President and Vice President of the United States who have been properly nominated.

2. The office titles of United States Senator and Representative in Congress.

3. The office titles of Governor and Lieutenant Governor; Attorney General; Chief Financial Officer; Commissioner of Agriculture; State Attorney, with the applicable judicial circuit; and Public Defender, with the applicable judicial circuit.

4. The office titles of State Senator and State Representative, with the applicable district for the office printed beneath.

5. The office titles of Clerk of the Circuit Court or, when the Clerk of the Circuit Court also serves as the County Comptroller, Clerk of the Circuit Court and Comptroller, when authorized by law; Clerk of the County Court, when authorized by law; Sheriff; Property Appraiser; Tax Collector; District Superintendent of Schools; and Supervisor of Elections.

6. The office titles of Board of County Commissioners, with the applicable district printed beneath each office, and such other county and district offices as are involved in the election, in the order fixed by the Department of State, followed, in the year of their election, by “Party Offices,” and thereunder the offices of state and county party executive committee members.

(b) In a general election, in addition to the names printed on the ballot, a blank space shall be provided under each office for which a write-in candidate has qualified. With respect to write-in candidates, if two or more candidates are seeking election to one office, only one blank space shall be provided.

(c) When more than one candidate is nominated for office, the candidates for such office shall qualify and run in a group or district, and the group or district number shall be printed beneath the name of the office. Each nominee of a political party chosen in a primary shall appear on the general election ballot in the same numbered group or district as on the primary election ballot.

(d) If in any election all the offices as set forth in paragraph (a) are not involved, those offices not to be filled shall be omitted and the remaining offices shall be arranged on the ballot in the order named.

(3)(a) The names of the candidates of the party that received the highest number of votes for Governor in the last election in which a Governor was elected shall be placed first for each office on the general election ballot, together with an appropriate abbreviation of the party name; the names of the candidates of the party that received the second highest vote for Governor shall be placed second for each office, together with an appropriate abbreviation of the party name.

(b) Minor political party candidates shall have their names appear on the general election ballot following the names of recognized political parties, in the same order as they were qualified, followed by the names of candidates with no party affiliation, in the order as they were qualified.

(4)(a) The names of candidates for each office shall be arranged alphabetically as to surnames on a primary election ballot.

(b) When two or more candidates running for the same office on an election ballot have the same or a similar surname, the word “incumbent” must appear next to the incumbent’s name.

(5) The primary election ballot shall be arranged so that the offices of Governor and Lieutenant Governor are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for Governor and Lieutenant Governor, if applicable.

(6) The general election ballot shall be arranged so that the offices of President and Vice President are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for President and Vice President and so that the offices of Governor and Lieutenant Governor are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for Governor and Lieutenant Governor.

(7) Except for justices or judges seeking retention, the names of unopposed candidates shall not appear on the general election ballot. Each unopposed candidate shall be deemed to have voted for himself or herself.

(8) In counties subject to multi-language ballot requirements, the supervisor may petition the United States Department of Justice for authorization for the supervisor to print and deliver single-language ballots for each minority language required.

(9)(a) The Department of State shall adopt rules prescribing a uniform primary and general election ballot for each certified voting system. The rules shall incorporate the requirements set forth in this section and shall prescribe additional matters and forms that include, without limitation:

1. The ballot title followed by clear and unambiguous ballot instructions and directions limited to a single location on the ballot, either:

a. Centered across the top of the ballot; or

b. In the leftmost column, with no individual races in that column unless it is the only column on the ballot;

2. Individual race layout; and

3. Overall ballot layout.

(b) The rules must graphically depict a sample uniform primary and general election ballot form for each certified voting system.

History.—s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL 320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 3, ch. 29937, 1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 1, ch. 65-52; s. 2, ch. 65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281; s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 33, ch. 79-400; s. 6, ch. 81-105; s. 11, ch. 81-304; s. 9, ch. 82-143; s. 20, ch. 89-338; s. 556, ch. 95-147; s. 14, ch. 99-318; s. 11, ch. 99-326; s. 14, ch. 99-355; s. 7, ch. 2001-40; s. 7, ch. 2002-17; s. 29, ch. 2005-277; s. 5, ch. 2007-30; s. 28, ch. 2011-40; s. 5, ch. 2013-57; s. 6, ch. 2013-109; s. 10, ch. 2016-37; s. 9, ch. 2019-162; s. 17, ch. 2022-73; s. 23, ch. 2023-120.

Note.—Former ss. 99.18, 99.171.

F.S. 101.151 on Google Scholar

F.S. 101.151 on Casetext

Amendments to 101.151

Arrestable Offenses / Crimes under Fla. Stat. 101.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.151.

Annotations, Discussions, Cases:

Cases Citing Statute 101.151

Total Results: 17

Orange County, Florida v. Rick Singh, etc.

Court: Supreme Court of Florida | Date Filed: 2019-04-18

Citation: 268 So. 3d 668

Snippet: general election ballot for most offices. See § 101.151(2)(c), Fla. Stat. (2018) ("Each nominee of a political

Orange County, Florida v. Rick Singh, etc.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: general election ballot for most offices. See § 101.151(2)(c), Fla. Stat. (2018) (“Each nominee of a political

Jennifer Brinkmann v. Tyron Francois, etc.

Court: Supreme Court of Florida | Date Filed: 2016-02-04

Citation: 184 So. 3d 504, 41 Fla. L. Weekly Supp. 25, 2016 Fla. LEXIS 235

Snippet: on the general election ballot.” Fla. Stat. § 101.151(7). It is this type of primary that is, by definition

Browning v. Sarasota Alliance

Court: District Court of Appeal of Florida | Date Filed: 2007-10-31

Citation: 968 So. 2d 637, 2007 WL 3170111

Snippet: directives for poll watchers' conduct. Section 101.151 provides instructions regarding the content and

Atlantic Gulf Communities Corporation v. City of Port St. Lucie

Court: District Court of Appeal of Florida | Date Filed: 1999-05-12

Citation: 764 So. 2d 14, 1999 WL 123532

Snippet: that is omitted from another section (section 101.151, Florida Statutes) and not with the wording of

Charner v. Broward County School Board

Court: District Court of Appeal of Florida | Date Filed: 1999-04-07

Citation: 730 So. 2d 809, 1999 Fla. App. LEXIS 4292

Snippet: PER CURIAM. Affirmed. See §§ 443.101, .151(6)(b), Fla. Stat. (1997); Unemployment Appeals Comm’n v.

Nikolits v. Nicosia

Court: District Court of Appeal of Florida | Date Filed: 1996-11-06

Citation: 682 So. 2d 663, 1996 WL 637447

Snippet: "incumbent" on the ballot under any circumstance. § 101.151, Fla. Stat. (1995). Instead, the abbreviation of

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-07-17

Snippet: general election); 100.031; 100.061; 100.081; 101.151, F.S.; contrast ss.105.10; 105.09; 105.071, F.S

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-12-19

Snippet: circuit judges as such state officers. Section 101.151(3)(a), F.S., requires the names of candidates for

Jenkins v. State

Court: Supreme Court of Florida | Date Filed: 1980-06-26

Citation: 385 So. 2d 1356

Snippet: amendment to be placed on the ballot (section 101.151, Florida Statutes), was as follows: "An amendment

Smith v. Smathers

Court: Supreme Court of Florida | Date Filed: 1979-04-19

Citation: 372 So. 2d 427

Snippet: on the ballot because he was unopposed. See § 101.151(6), Fla. Stat. (1977). The right asserted by petitioner

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-04-20

Snippet: concluded, in part: Sections 99.131, 100.031, 101.151, 101.25, F. S. [1955], as well as other provisions

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-09-14

Snippet: as the duty of the Department of State under s. 101.151(7), F. S., to approve the form of ballots, I am

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Court: Florida Attorney General Reports | Date Filed: 1974-12-20

Snippet: general election is by operation of law, namely, s. 101.151(5)(b), F.S., which provides that "[e]ach unopposed

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Court: Florida Attorney General Reports | Date Filed: 1974-08-27

Snippet: ballots. See ss. 99.121(3), 100.051, 101.141(6), 101.151(7), 101.20(2), 101.251, 101.253, and 101.27(5)

Beller v. Adams

Court: Supreme Court of Florida | Date Filed: 1970-05-15

Citation: 235 So. 2d 502, 1970 Fla. LEXIS 2760

Snippet: for the General Election of 1970 (F.S. Sections 101.151, 101.191 and 101.251, F.S.A.) have not arrived

Lee v. Atlantic Coast Line Railroad Co.

Court: Supreme Court of Florida | Date Filed: 1940-01-02

Citation: 194 So. 252, 141 Fla. 545, 1940 Fla. LEXIS 812

Snippet: (2) 714; Brown v. Russell, *Page 585 20 O. App. 101, 151 N.E. 793; Midland Guaranty Tr. Co. v. Douglas