Florida Statutes
Fla. Stat. § 101.64 (2025)
Delivery of vote-by-mail ballots; envelopes; form.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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101.64 Delivery of vote-by-mail ballots; envelopes; form.—
(1)(a) The supervisor shall enclose with each vote-by-mail ballot two envelopes: a secrecy envelope, into which the absent elector shall enclose his or her marked ballot; and a mailing envelope, into which the absent elector shall then place the secrecy envelope, which shall be addressed to the supervisor and also bear on the back side a certificate in substantially the following form:
Note: Please Read Instructions Carefully Before
Marking Ballot and Completing Voter’s Certificate.
VOTER’S CERTIFICATE
I, , do solemnly swear or affirm that I am a qualified and registered voter of County, Florida, and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt to commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also understand that failure to sign this certificate will invalidate my ballot.
(Date) (Voter’s Signature)
(E-Mail Address) (Home Telephone Number)
(Mobile Telephone Number)
(b) Each return mailing envelope must bear the absent elector’s name and any encoded mark used by the supervisor’s office.
(c) A mailing envelope or secrecy envelope may not bear any indication of the political affiliation of an absent elector.
(2) The certificate shall be arranged on the back of the mailing envelope so that the line for the signature of the absent elector is across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the voter must cross the seal of the envelope. The absent elector shall execute the certificate on the envelope.
(3) In lieu of the voter’s certificate provided in this section, the supervisor of elections shall provide each person voting absentee under the Uniformed and Overseas Citizens Absentee Voting Act with the standard oath prescribed by the presidential designee.
(4) The supervisor shall mark, code, indicate on, or otherwise track the precinct of the absent elector for each vote-by-mail ballot.
(5) The secrecy envelope must include, in bold font, substantially the following message:
IN ORDER FOR YOUR VOTE-BY-MAIL BALLOT TO COUNT, YOUR SUPERVISOR OF ELECTIONS MUST RECEIVE YOUR BALLOT BY 7 P.M. ON ELECTION DAY. IF YOU WAIT TO MAIL YOUR BALLOT, YOUR VOTE MIGHT NOT COUNT. TO PREVENT THIS FROM OCCURRING, PLEASE MAIL OR TURN IN YOUR BALLOT AS SOON AS POSSIBLE.
History.—s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 34, ch. 28156, 1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s. 33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105; s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch. 79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch. 86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129; s. 53, ch. 2001-40; s. 19, ch. 2003-415; s. 1, ch. 2004-232; s. 44, ch. 2005-277; s. 38, ch. 2005-278; s. 17, ch. 2016-37; s. 16, ch. 2019-162; s. 26, ch. 2021-11.
Note.—Former s. 101.04.
Notes of Decisions
Cited in 6
cases, 1956–1995 · leading case: McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983).
McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983). “In providing for the furnishing to the absentee elector the necessary materials to vote absentee, Section 101.64, Florida Statutes (1981), requires the election supervisor to enclose a mailing envelope bearing "a certificate which shall be substantially in the following form.”
Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975). “For example, under a former version of Fla. Stat. § 101.64 , F.S.A., an elector who certified that he would be absent from the State on election day would not have strictly complied with the statutory requirement that the elector certify his intention to be absent from the…”
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “2d 347 (1973) (holding that Connecticut follows the substantial compliance standard); Fla.Stat.Ann. §§ 101.64, 101.65 (West 1992) (absentee voter must sign envelope and signature must be witnessed by two persons); Boardman v.”
Esteva v. Hindman, 299 So. 2d 633 (Fla. 1st DCA 1974). “F.S. § 101.64, F.S.A., provides for the manner and procedure of preparing and delivering the ballots to persons on the list provided for in § 101.”
McDonald v. Miller, 90 So. 2d 124 (Fla. 1956). “Appellant contends that under Section 101.64, Florida Statutes 1955, F.”
Howanitz v. Blair, 394 So. 2d 479 (Fla. 3d DCA 1981). “After the envelopes containing the Voter’s Certificates, required by Section 101.64(1), Florida Statutes (1977), were removed and the votes tabulated, it was determined that only 597 ballots had been cast.”
— 101.64(1) — 1 case
Howanitz v. Blair, 394 So. 2d 479 (Fla. 3d DCA 1981). “After the envelopes containing the Voter’s Certificates, required by Section 101.64(1), Florida Statutes (1977), were removed and the votes tabulated, it was determined that only 597 ballots had been cast.”
— 101.64(2) — 1 case
McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983). “In providing for the furnishing to the absentee elector the necessary materials to vote absentee, Section 101.64, Florida Statutes (1981), requires the election supervisor to enclose a mailing envelope bearing "a certificate which shall be substantially in the following form.”
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