Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 101.65 - Full Text and Legal Analysis
Florida Statute 101.65 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 101.65 Case Law from Google Scholar Google Search for Amendments to 101.65

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.65
101.65 Instructions to absent electors.The supervisor shall enclose with each vote-by-mail ballot separate printed instructions in substantially the following form; however, where the instructions appear in capitalized text, the text of the printed instructions must be in bold font:

READ THESE INSTRUCTIONS CAREFULLY
BEFORE MARKING BALLOT.

1. VERY IMPORTANT. In order to ensure that your vote-by-mail ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the day of the election. However, if you are an overseas voter casting a ballot in a presidential preference primary or general election, your vote-by-mail ballot must be postmarked or dated no later than the date of the election and received by the supervisor of elections of the county in which you are registered to vote no later than 10 days after the date of the election. Note that the later you return your ballot, the less time you will have to cure any signature deficiencies, which is authorized until 5 p.m. on the 2nd day after the election.

2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. If you are allowed to “Vote for One” candidate and you vote for more than one candidate, your vote in that race will not be counted.

4. Place your marked ballot in the enclosed secrecy envelope.

5. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the supervisor.

6. Seal the mailing envelope and completely fill out the Voter’s Certificate on the back of the mailing envelope.

7. VERY IMPORTANT. In order for your vote-by-mail ballot to be counted, you must sign your name on the line above (Voter’s Signature). A vote-by-mail ballot will be considered illegal and not be counted if the signature on the voter’s certificate does not match the signature on record. The signature on file at the time the supervisor of elections in the county in which your precinct is located receives your vote-by-mail ballot is the signature that will be used to verify your signature on the voter’s certificate. If you need to update your signature for this election, send your signature update on a voter registration application to your supervisor of elections so that it is received before your vote-by-mail ballot is received.

8. VERY IMPORTANT. If you are an overseas voter, you must include the date you signed the Voter’s Certificate on the line above (Date) or your ballot may not be counted.

9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed. THE COMPLETED MAILING ENVELOPE CAN BE DELIVERED TO THE OFFICE OF THE SUPERVISOR OF ELECTIONS OF THE COUNTY IN WHICH YOUR PRECINCT IS LOCATED OR DROPPED OFF AT AN AUTHORIZED SECURE BALLOT INTAKE STATION, AVAILABLE AT EACH EARLY VOTING LOCATION.

10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.

History.s. 5, ch. 7380, 1917; RGS 372; CGL 433; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 35, ch. 28156, 1953; s. 23, ch. 29934, 1955; s. 34, ch. 65-380; s. 4, ch. 71-149; s. 9, ch. 72-63; s. 2, ch. 73-105; s. 7, ch. 73-157; ss. 3, 4, ch. 75-174; s. 23, ch. 77-175; s. 2, ch. 81-106; s. 10, ch. 81-304; s. 11, ch. 82-143; s. 7, ch. 83-251; s. 3, ch. 85-226; s. 2, ch. 86-33; s. 589, ch. 95-147; s. 5, ch. 96-57; s. 16, ch. 98-129; s. 33, ch. 99-2; s. 54, ch. 2001-40; s. 20, ch. 2003-415; s. 2, ch. 2004-232; s. 38, ch. 2011-40; s. 12, ch. 2013-57; s. 18, ch. 2016-37; s. 17, ch. 2019-162; s. 20, ch. 2022-73.
Note.Former s. 101.05.

F.S. 101.65 on Google Scholar

F.S. 101.65 on CourtListener

Amendments to 101.65


Annotations, Discussions, Cases:

Cases Citing Statute 101.65

Total Results: 9

Democratic Executive Committee of Florida v. Laurel M. Lee

915 F.3d 1312

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2019 | Docket: 14554537

Cited 54 times | Published

must include the voter's signature. [ Fla. Stat. § 101.65.] Once the vote-by-mail ballots are received,

Parra v. Harvey

89 So. 2d 870

Supreme Court of Florida | Filed: Oct 12, 1956 | Docket: 1257434

Cited 8 times | Published

ballot and printed instructions as provided in § 101.65 * * * in secret, mark his ballot, follow the instructions

McDonald v. Miller

90 So. 2d 124

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

Cited 6 times | Published

or delivered to him by hand. Likewise, under Section 101.65, Florida Statutes, F.S.A., the marked ballot

McLean v. Bellamy

437 So. 2d 737

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

Cited 3 times | Published

shall execute the form on the envelope." Also, Section 101.65, Florida Statutes (1981), provides for an instruction

Esteva v. Hindman

299 So. 2d 633

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

Cited 2 times | Published

shall execute the said form on the envelope." F.S. § 101.65, F.S.A., sets forth the substantial form of instructions

Democratic Executive Committee of Florida v. National Republican Senatorial Commitee

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2020 | Docket: 16864682

Published

(2016) (permitting mail-in voting); Fla. Stat. § 101.65 (2016) (requiring mail-in voters to sign a voter’s

Democratic Executive Committee of Florida v. Laurel M. Lee

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2019 | Docket: 14554959

Published

on which they mail their ballots. Fla. Stat. § 101.65 (2016). Voting officials later compare the signature

Goldsmith v. McDonald

32 So. 3d 713, 2010 Fla. App. LEXIS 4499, 35 Fla. L. Weekly Fed. D 781

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1662338

Published

[4] See § 101.62, Fla. Stat. (2008). [5] See § 101.65, Fla. Stat. (2008) (¶ 1). [6] How close would

Wakulla County Absentee Voter Intervenors v. Flack

419 So. 2d 1124, 1982 Fla. App. LEXIS 21051

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64592233

Published

invited by the specific instructions prescribed by § 101.65 that each elector shall “[s]ign your name” and