Florida Statutes

Fla. Stat. § 101.67 (2025)

Safekeeping of mailed ballots; deadline for receiving vote-by-mail ballots.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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101.67 Safekeeping of mailed ballots; deadline for receiving vote-by-mail ballots.—

(1)(a) The supervisor of elections shall safely keep in his or her office any envelopes received containing marked ballots of absent electors, and he or she shall, before the canvassing of the election returns, deliver the envelopes to the county canvassing board along with his or her file or list kept regarding said ballots.

(b) To the extent practicable, the supervisor of elections shall segregate any vote-by-mail ballots received from a person to whom notice has been sent pursuant to s. 98.075(7), but for whom a final determination of eligibility has not been made, and shall treat them as provisional ballots for individual review by the county canvassing board. The supervisor shall attempt to contact each voter whose ballot has been set aside under this paragraph in the same manner as if the voter had voted a provisional ballot under s. 101.048.

(2) Except as provided in s. 101.6952(5), all marked absent electors’ ballots to be counted must be received by the supervisor by 7 p.m. the day of the election. All ballots received thereafter shall be marked with the time and date of receipt and filed in the supervisor’s office.

History.—s. 2, ch. 11824, 1927; CGL 436; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 24, ch. 29934, 1955; s. 24, ch. 57-1; s. 35, ch. 65-380; s. 5, ch. 71-149; s. 23, ch. 77-175; s. 590, ch. 95-147; s. 14, ch. 2013-57; s. 23, ch. 2016-37; s. 27, ch. 2023-120.

Note.—Former s. 101.07.

Notes of Decisions

Cited in 9 cases, 1972–2020 · leading case: Friedman v. Snipes, 345 F. Supp. 2d 1356 (S.D. Fla. 2004).

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Friedman v. Snipes, 345 F. Supp. 2d 1356 (S.D. Fla. 2004). · cites it 45× “” Fla. Stat. § 101.67 (2). Florida Administrative Code § 1S-2.”

Boardman v. Esteva, 323 So. 2d 259 (Fla. 1975). · cites it 6× “Fla. Stat. § 101.67 (3), F.S.A., for example, declares that the absentee ballot shall be counted only where the "application for absentee elector's ballot" is properly executed and placed in an envelope separate from the absentee ballot.”

Harris v. Florida Elections Canvassing Comm'n, 122 F. Supp. 2d 1317 (N.D. Fla. 2000). · cites it 7× “election day deadline in Fla. Stat. § 101.67 (2). In 1980, Judge Stafford entered a Temporary Restraining Order, recognizing the late mailing out of the ballots and directing that overseas absentee ballots for the federal elections of November 6, 1980 should *1322 be received…”

McLean v. Bellamy, 437 So. 2d 737 (Fla. 1st DCA 1983). “Also, prior to 1977, Section 101.67(3) provided in part that an "absentee ballot shall be counted only where the application for absent elector's ballot is properly executed.”

Esteva v. Hindman, 299 So. 2d 633 (Fla. 1st DCA 1974). · cites it 2× “F.S. § 101.67, F.S.A., provides, inter alia, that the supervisor shall deliver the envelopes, along with his list kept regarding said ballots, to the canvassing board and again reiterates the requirement that the application for absentee ballot be properly executed.”

Peacock v. Wise, 351 So. 2d 1134 (Fla. 1st DCA 1977). · cites it 2× “The trial court’s conclusion that at least 25 absentee ballots were void because the ballot and “application for absent elector’s ballot” were mailed to the supervisor of elections in the same envelope, Section 101.67(3), Florida Statutes (1975), is supported by substantial…”

Papy v. Englander ex rel. Englander, 267 So. 2d 111 (Fla. 3d DCA 1972). · cites it 2× “” In subsection (1) of § 101.67 the supervisor is directed to keep any envelopes received containing marked ballots of absent electors, and to deliver them, with a list kept by him regarding said ballots to the canvassing board, before the canvassing of the election returns.”

DCCC v. Ziriax (N.D. Okla. 2020). “15, § 55-5508 ; Florida, Fla. Stat. Ann. § 101.67 ; Hawaii, Haw. Rev.”

Adams v. Canvassing Bd. of Broward Cnty., 421 So. 2d 34 (Fla. 4th DCA 1982). “on the day of the election, Section 101.67; or for other reasons. With no allegation of fact to support his assertion that “some” of these ballots were improperly rejected, and if counted, “might” change the result, the trial court properly dismissed the complaint.”

— 101.67(2) — 3 cases

Friedman v. Snipes, 345 F. Supp. 2d 1356 (S.D. Fla. 2004). “” Fla. Stat. § 101.67 (2). Florida Administrative Code § 1S-2.”

Harris v. Florida Elections Canvassing Comm'n, 122 F. Supp. 2d 1317 (N.D. Fla. 2000). “election day deadline in Fla. Stat. § 101.67 (2). In 1980, Judge Stafford entered a Temporary Restraining Order, recognizing the late mailing out of the ballots and directing that overseas absentee ballots for the federal elections of November 6, 1980 should *1322 be received…”

Papy v. Englander ex rel. Englander, 267 So. 2d 111 (Fla. 3d DCA 1972). “” In subsection (1) of § 101.67 the supervisor is directed to keep any envelopes received containing marked ballots of absent electors, and to deliver them, with a list kept by him regarding said ballots to the canvassing board, before the canvassing of the election returns.”

— 101.67(3) — 2 cases

Peacock v. Wise, 351 So. 2d 1134 (Fla. 1st DCA 1977). “The trial court’s conclusion that at least 25 absentee ballots were void because the ballot and “application for absent elector’s ballot” were mailed to the supervisor of elections in the same envelope, Section 101.67(3), Florida Statutes (1975), is supported by substantial…”

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