Florida Statutes

Fla. Stat. § 101.657 (2025)

Early voting.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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101.657 Early voting.—

(1)(a) As a convenience to the voter, the supervisor of elections shall allow an elector to vote early in the main or branch office of the supervisor. The supervisor shall mark, code, indicate on, or otherwise track the voter’s precinct for each early voted ballot. In order for a branch office to be used for early voting, it shall be a permanent facility of the supervisor and shall have been designated and used as such for at least 1 year prior to the election. The supervisor may also designate any city hall, permanent public library facility, fairground, civic center, courthouse, county commission building, stadium, convention center, government-owned senior center, or government-owned community center as an early voting site; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated amount of voters. In addition, a supervisor may designate one early voting site per election in an area of the county that does not have any of the eligible early voting locations. Such additional early voting site must be geographically located so as to provide all voters in that area with an equal opportunity to cast a ballot, insofar as is practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated amount of voters. Each county shall, at a minimum, operate the same total number of early voting sites for a general election which the county operated for the 2012 general election. The results or tabulation of votes cast during early voting may not be made before the close of the polls on election day. Results shall be reported by precinct.

(b) The supervisor shall designate each early voting site by no later than the 30th day prior to an election and shall designate an early voting area, as defined in s. 97.021, at each early voting site. The supervisor shall provide to the division no later than the 30th day before an election the address of each early voting site and the hours that early voting will occur at each site.

(d) Early voting shall begin on the 10th day before an election that contains state or federal races and end on the 3rd day before the election, and shall be provided for no less than 8 hours and no more than 12 hours per day at each site during the applicable period. In addition, early voting may be offered at the discretion of the supervisor of elections on the 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that contains state or federal races for at least 8 hours per day, but not more than 12 hours per day. The supervisor of elections may provide early voting for elections that are not held in conjunction with a state or federal election. However, the supervisor has the discretion to determine the hours of operation of early voting sites in those elections.

(e) Notwithstanding the requirements of s. 100.3605, municipalities may provide early voting in municipal elections that are not held in conjunction with county or state elections. If a municipality provides early voting, it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not required to conduct early voting if it is provided pursuant to this subsection.

(f) Notwithstanding the requirements of s. 189.04, special districts may provide early voting in any district election not held in conjunction with county or state elections. If a special district provides early voting, it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not required to conduct early voting if it is provided pursuant to this subsection.

(2) During any early voting period, each supervisor shall make available the total number of voters casting a ballot at each early voting location and the total number of vote-by-mail ballots received under s. 101.69(2) during the previous day. Each supervisor shall prepare an electronic data file listing the individual voters who cast a ballot during the early voting period. This information shall be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no later than noon of each day and shall be contemporaneously provided to the division.

(3) The ballot of each elector voting early shall be counted even if the elector dies on or before election day.

(4)(a) The elector must provide identification and must complete an Early Voting Voter Certificate in substantially the following form:

EARLY VOTING VOTER CERTIFICATE

I, , am a qualified elector in this election and registered voter of County, Florida. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of County and that I reside at the listed address. I understand that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election I could be convicted of a felony of the third degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this certificate invalidates my ballot.

(Voter’s Signature)

(Address)

(City/State)

(b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101.111. Any challenged voter must vote a provisional ballot. The canvassing board shall review the ballot and decide the validity of the ballot by majority vote.

(c) The canvass of returns for ballots cast under this subsection shall be substantially the same as votes cast by electors in precincts, as provided in s. 101.5614.

History.—s. 17, ch. 98-129; s. 2, ch. 2000-249; s. 55, ch. 2001-40; s. 21, ch. 2003-415; s. 7, ch. 2004-232; s. 13, ch. 2004-252; s. 45, ch. 2005-277; s. 39, ch. 2005-278; s. 39, ch. 2011-40; s. 13, ch. 2013-57; s. 57, ch. 2014-22; ss. 10, 18, ch. 2019-162; s. 17, ch. 2020-2.

Notes of Decisions

Cited in 14 cases, 2004–2020 · leading case: League of Women Voters of Fla., Inc. v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).

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League of Women Voters of Fla., Inc. v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018). · cites it 12× “Fla. Stat. § 101.657 (1)(a) ("The supervisor may also designate .”

Florida v. United States, 885 F. Supp. 2d 299 (D.D.C. 2012). · cites it 16× “In brief, those changes would: (1) amend the available days and hours that Florida counties may use for early in-person voting, see Fla. Stat. § 101.657 (d) (2011); and (2) amend the voting procedures for registered voters who move between Florida counties and seek to vote in…”

Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020). · cites it 3× “9 Again, why would the legislature 9 As an example, the Secretary of State recently issued a directive instructing how county election supervisors are to carry out their statutory duties under Fla. Stat. § 101.657 to select sites for early voting.”

Brown v. Detzner, 895 F. Supp. 2d 1236 (M.D. Fla. 2012). · cites it 13× “Fla. Stat. § 101.657 (d) (2005 Early Voting Statute).”

Nancy Carola Jacobsen v. Florida Sec'y of State, 957 F.3d 1193 (11th Cir. 2020). · cites it 3× “7 Again, why would the legislature 7 As an example, the Secretary of State recently issued a directive instructing how county election supervisors are to carry out their statutory duties under Fla. Stat. § 101.657 to select sites for early voting.”

Bloch v. Del Rey, 208 So. 3d 189 (Fla. 3d DCA 2016). · cites it 2× “(site last visited October 20, 2016) (announcing August 15-28, 2016 as the early-voting period for the primary election); § 101.657(d), Fla. Stat. (2016) (authorizing county supervisors of elections to establish early-voting periods).”

League of Women Voters of Fla., Inc. v. Detzner, 354 F. Supp. 3d 1280 (N.D. Fla. 2018). · cites it 2× “" Fla. Stat. § 101.657 (1)(a). In a written opinion dated January 17, 2014 ("the Opinion"), Defendant interpreted this law to exclude "any .”

Diaz v. Cobb, 541 F. Supp. 2d 1319 (S.D. Fla. 2008). · cites it 2× “See § 101.657(1), Fla. Stat. (2007). At the 2008 presidential preference primary, Miami-Dade County’s twenty early voting sites welcomed 67,000 voters (Tr.”

Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “049), early voting (§ 101.657), overseas ballots (§§ 101.6951, .”

Jacksonville Coalition for Voter Prot. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). · cites it 4× “Fla. Stat. § 101.657 (l)(b). The early voting system, as implemented in Duval County, allows a registered voter to cast a vote at any of the demarcated early voting sites as opposed to having to cast the vote only at the assigned voting precinct on election day.”

Nat'l Ass'n for Advancement of Colored People, Inc. v. Lowe, 340 F. Supp. 2d 1329 (M.D. Fla. 2004). · cites it 3× “§ 101.657 (West 2004). By not designating an early voting site in Daytona Beach, the NAACP asserted that the County intended to discourage early voting in the “heavily African-American” 1 Daytona Beach community, thereby allegedly violating 42 U.”

State of Florida v. United States of Am. (D.D.C. 2012). · cites it 13× “In brief, those changes would: (1) amend the available days and hours that Florida counties may use for early in-person voting, see Fla. Stat. § 101.657 (d) (2011); and (2) amend the voting procedures for registered voters who move between Florida counties and seek to vote in…”

Show all 14 citing cases →

— 101.657(1) — 1 case

Diaz v. Cobb, 541 F. Supp. 2d 1319 (S.D. Fla. 2008). “See § 101.657(1), Fla. Stat. (2007). At the 2008 presidential preference primary, Miami-Dade County’s twenty early voting sites welcomed 67,000 voters (Tr.”

— 101.657(1)(a) — 3 cases

Nancy Carola Jacobsen v. Florida Sec'y of State, 974 F.3d 1236 (11th Cir. 2020). “9 Again, why would the legislature 9 As an example, the Secretary of State recently issued a directive instructing how county election supervisors are to carry out their statutory duties under Fla. Stat. § 101.657 to select sites for early voting.”

Nancy Carola Jacobsen v. Florida Sec'y of State, 957 F.3d 1193 (11th Cir. 2020). “7 Again, why would the legislature 7 As an example, the Secretary of State recently issued a directive instructing how county election supervisors are to carry out their statutory duties under Fla. Stat. § 101.657 to select sites for early voting.”

Jacksonville Coalition for Voter Protect. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004).

— 101.657(d) — 2 cases

Bloch v. Del Rey, 208 So. 3d 189 (Fla. 3d DCA 2016). “(site last visited October 20, 2016) (announcing August 15-28, 2016 as the early-voting period for the primary election); § 101.657(d), Fla. Stat. (2016) (authorizing county supervisors of elections to establish early-voting periods).”

Brown v. Detzner, 895 F. Supp. 2d 1236 (M.D. Fla. 2012). “Fla. Stat. § 101.657 (d) (2005 Early Voting Statute).”

— 101.657(l)(a) — 1 case

Jacksonville Coalition for Voter Prot. v. Hood, 351 F. Supp. 2d 1326 (M.D. Fla. 2004). “Fla. Stat. § 101.657 (l)(b). The early voting system, as implemented in Duval County, allows a registered voter to cast a vote at any of the demarcated early voting sites as opposed to having to cast the vote only at the assigned voting precinct on election day.”

— 101.657(l)(d) — 1 case

Brown v. Detzner, 895 F. Supp. 2d 1236 (M.D. Fla. 2012). “Fla. Stat. § 101.657 (d) (2005 Early Voting Statute).”

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