Florida Statutes

Fla. Stat. § 101.65 (2025)

Instructions to absent electors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 9 cases, 1956–2020 · leading case: Democratic Exec. Comm. of Florida v. Laurel M. Lee, 915 F.3d 1312 (11th Cir. 2019).
Democratic Exec. Comm. of Florida v. Laurel M. Lee, 915 F.3d 1312 (11th Cir. 2019). · cites it 5× “Fla. Stat. § 101.65 (2016). Voting officials later compare the signature on the certificate with the signature on file for that voter.”
Democratic Exec. Comm. of Florida v. Nat'l Repub. Senatorial Commitee, 950 F.3d 790 (11th Cir. 2020). “62 (2016) (permitting mail-in voting); Fla. Stat. § 101.65 (2016) (requiring mail-in voters to sign a voter’s certificate on the back of the mail-in envelope); Fla.”
McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983). · cites it 4× “" Also, Section 101.65, Florida Statutes (1981), provides for an instruction sheet for absentee electors which is required to be substantially in the form set forth in that statute.”
McDonald v. Miller, 90 So. 2d 124 (Fla. 1956). · cites it 2× “Likewise, under Section 101.65, Florida Statutes, F.S.A., the marked ballot must be returned to the supervisor either by mail or by personal delivery by the voter himself.”
Esteva v. Hindman, 299 So. 2d 633 (Fla. 1st DCA 1974). · cites it 3× “" F.S. § 101.65, F.S.A., sets forth the substantial form of instructions to be sent with each absentee ballot.”
Parra v. Harvey, 89 So. 2d 870 (Fla. 1956). “66 it is provided that such a voter shall "[u]pon the receipt of the * * * ballot and printed instructions as provided in § 101.65 * * * in secret, mark his ballot, follow the instructions enclosed with his ballot, place only the marked ballot in the plain envelope and return…”
Wakulla Cnty. Absentee Voter Intervenors v. Flack, 419 So. 2d 1124 (Fla. 1st DCA 1982). “1 We accordingly do not treat such issues beyond noting the notice provided by the statute itself in conjunction with inquiry arguably invited by the specific instructions prescribed by § 101.65 that each elector shall “[s]ign your name” and “[m]ark your ballot in secret as…”
Democratic Exec. Comm. of Florida v. Laurel M. Lee (11th Cir. 2019). · cites it 2× “Fla. Stat. § 101.65 (2016). Voting officials later compare the signature on the certificate with the signature on file for that voter.”
Goldsmith v. McDonald, 32 So. 3d 713 (Fla. 4th DCA 2010). · cites it 2× “See § 101.65, Fla. Stat. (2008) (¶ 1). 6 . How close would be enough to be substantial?”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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