Florida Statute 101.65 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.65

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 Casetext

Amendments to 101.65

Arrestable Offenses / Crimes under Fla. Stat. 101.65

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.65.

Annotations, Discussions, Cases:

Cases Citing Statute 101.65

Total Results: 13

Goldsmith v. McDonald

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:00:00-07:00

Citation: 32 So. 3d 713, 2010 Fla. App. LEXIS 4499

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-07-31T00:53:00-07:00

Snippet: quot; 4 See, s. 101.64(1), Fla. Stat. And see, s. 101.65, Fla. Stat., setting forth the instructions for

MC v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-11T00:53:00-07:00

Citation: 695 So. 2d 477

Snippet: invalid. See Screws v. United States, 325 U.S. 91, 101, 65 S.Ct. 1031, 1035, 89 L.Ed. 1495 (1945); see also

M.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-11T00:00:00-07:00

Citation: 695 So. 2d 477, 1997 Fla. App. LEXIS 6256

Snippet: invalid. See Screws v. United States, 325 U.S. 91, 101, 65 S.Ct. 1031, 1035, 89 L.Ed. 1495 (1945); see also

Wyche v. State

Court: Fla. | Date Filed: 1993-03-24T23:53:00-08:00

Citation: 619 So. 2d 231

Snippet: invalid." Screws v. United States, 325 U.S. 91, 101, 65 S.Ct. 1031, 1035, 89 L.Ed. 1495 (1945). "[

Cohn v. Dept. of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-22T00:53:00-07:00

Citation: 477 So. 2d 1039

Snippet: statute. Accord, Bell v. Board of Regents, 295 N.Y. 101, 65 N.E.2d 184, 187 (1946) ("It has never been

McLean v. Bellamy

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-08T00:53:00-07:00

Citation: 437 So. 2d 737

Snippet: execute the form on the envelope." Also, Section 101.65, Florida Statutes (1981), provides for an instruction…to be completed including following the Section 101.65 instructions enclosed with the ballot and marking…statutes in existence in 1982 (Sections 101.64 and 101.65) did provide for the election official to send …ballot and printed instructions as provided in § 101.65, the absent elector shall, in secret, mark his

Wakulla County Absentee Voter Intervenors v. Flack

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-01T00:00:00-07:00

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

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

Richardson v. Florida State Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1976-02-04T23:53:00-08:00

Citation: 326 So. 2d 231

Snippet: quot;); Bell v. Board of Regents, etc., 295 N.Y. 101, 65 N.E.2d 184 (1946), reh. den., 295 N.Y. 821, 66

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-07-24T00:53:00-07:00

Snippet: certificate required by s. 101.65(1)(c), F.S. Although the language of s. 101.65(1) which specifically required…F.S., in view of the amendments to ss. 101.64 and 101.65, F.S., brought about by Ch. 75-174, Laws of Florida…required by s. 101.64(1)(c), F.S.? SUMMARY: Under s. 101.65(2), F.S., as amended by Ch. 75-174, Laws of Florida…Florida, the instructions to absent electors in s. 101.65(1), F.S., included, among others, the following…. (Emphasis supplied.) And subsection (2) of s. 101.65, F.S., referred to above, read as follows until

Esteva v. Hindman

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-11T00:53:00-07:00

Citation: 299 So. 2d 633

Snippet: execute the said form on the envelope." F.S. § 101.65, F.S.A., sets forth the substantial form of instructions…being filled out and signed or the language in § 101.65 pertaining to the filling out and signing of the

McDonald v. Miller

Court: Fla. | Date Filed: 1956-10-23T23:53:00-08:00

Citation: 90 So. 2d 124

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

Parra v. Harvey

Court: Fla. | Date Filed: 1956-10-11T23:53:00-08:00

Citation: 89 So. 2d 870

Snippet: ballot and printed instructions as provided in § 101.65 * * * in secret, mark his ballot, follow the instructions…returning the ballot. But we cannot stop here. In Sec. 101.65, supra, which must be considered with Sec. 101.66