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Florida Statute 101.64 - Full Text and Legal Analysis
Florida Statute 101.64 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.64
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.

F.S. 101.64 on Google Scholar

F.S. 101.64 on CourtListener

Amendments to 101.64


Annotations, Discussions, Cases:

Cases Citing Statute 101.64

Total Results: 7

Boardman v. Esteva

323 So. 2d 259

Supreme Court of Florida | Filed: Sep 30, 1975 | Docket: 1257698

Cited 34 times | Published

example, under a former version of Fla. Stat. § 101.64, F.S.A., an elector who certified that he would

McDonald v. Miller

90 So. 2d 124

Supreme Court of Florida | Filed: Oct 24, 1956 | Docket: 1230560

Cited 6 times | Published

to 5:00 p.m. Appellant contends that under Section 101.64, Florida Statutes 1955, F.S.A., the time for

McLean v. Bellamy

437 So. 2d 737

District Court of Appeal of Florida | Filed: Sep 8, 1983 | Docket: 1675160

Cited 3 times | Published

followed by places for two witness' signatures. Section 101.64(2) also provides: "The absent elector and the

Esteva v. Hindman

299 So. 2d 633

District Court of Appeal of Florida | Filed: Jun 11, 1974 | Docket: 1745648

Cited 2 times | Published

applicants to whom a ballot has been sent. F.S. § 101.64, F.S.A., provides for the manner and procedure

League of Women Voters of Florida Inc. v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 2023 | Docket: 63292119

Published

the laws of the new state. FLA. STAT. § 101.64 (1980). State law required the voter to

Ago

Florida Attorney General Reports | Filed: Jul 31, 2003 | Docket: 3258522

Published

official business are subject to disclosure.3 Section 101.64, Florida Statutes, requires that the voter

Howanitz v. Blair

394 So. 2d 479, 1981 Fla. App. LEXIS 19551

District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 64580609

Published

containing the Voter’s Certificates, required by Section 101.64(1), Florida Statutes (1977), were removed and