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Florida Statute 101.68 - Full Text and Legal Analysis
Florida Statute 101.68 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.68
101.68 Canvassing of vote-by-mail ballot.
(1)(a) The supervisor of the county where the absent elector resides shall receive the voted ballot, at which time the supervisor shall compare the signature of the elector on the voter’s certificate with the signature of the elector in the registration books or the precinct register to determine whether the elector is duly registered in the county and must record on the elector’s registration record that the elector has voted. During the signature comparison process, the supervisor may not use any knowledge of the political affiliation of the elector whose signature is subject to verification.
(b) An elector who dies after casting a vote-by-mail ballot but on or before election day shall remain listed in the registration books until the results have been certified for the election in which the ballot was cast. The supervisor shall safely keep the ballot unopened in his or her office until the county canvassing board canvasses the vote pursuant to subsection (2).
(c) If two or more vote-by-mail ballots for the same election are returned in one mailing envelope, the ballots may not be counted.
(d) Except as provided in subsection (4), after a vote-by-mail ballot is received by the supervisor, the ballot is deemed to have been cast, and changes or additions may not be made to the voter’s certificate.
(2)(a) The county canvassing board may begin the canvassing of vote-by-mail ballots upon the completion of the public testing of automatic tabulating equipment pursuant to s. 101.5612(2), but must begin such canvassing by no later than noon on the day following the election. However, notwithstanding any such authorization to begin canvassing or otherwise processing vote-by-mail ballots early, no result shall be released until after the closing of the polls in that county on election day. Any supervisor, deputy supervisor, canvassing board member, election board member, or election employee who releases the results of a canvassing or processing of vote-by-mail ballots prior to the closing of the polls in that county on election day commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) To ensure that all vote-by-mail ballots to be counted by the canvassing board are accounted for, the canvassing board shall compare the number of ballots in its possession with the number of requests for ballots received to be counted according to the supervisor’s file or list.
(c)1. The canvassing board must, if the supervisor has not already done so, compare the signature of the elector on the voter’s certificate or on the vote-by-mail ballot cure affidavit as provided in subsection (4) with the signature of the elector in the registration books or the precinct register to see that the elector is duly registered in the county and to determine the legality of that vote-by-mail ballot. A vote-by-mail ballot may only be counted if:
a. The signature on the voter’s certificate or the cure affidavit matches the elector’s signature in the registration books or precinct register; however, in the case of a cure affidavit, the supporting identification listed in subsection (4) must also confirm the identity of the elector; or
b. The cure affidavit contains a signature that does not match the elector’s signature in the registration books or precinct register, but the elector has submitted a current and valid Tier 1 identification pursuant to subsection (4) which confirms the identity of the elector.

For purposes of this subparagraph, any canvassing board finding that an elector’s signatures do not match must be by majority vote and beyond a reasonable doubt.

2. The ballot of an elector who casts a vote-by-mail ballot shall be counted even if the elector dies on or before election day, as long as, before the death of the voter, the ballot was postmarked by the United States Postal Service, date-stamped with a verifiable tracking number by a common carrier, or already in the possession of the supervisor.
3. A vote-by-mail ballot is not considered illegal if the signature of the elector does not cross the seal of the mailing envelope.
4. If any elector or candidate present believes that a vote-by-mail ballot is illegal due to a defect apparent on the voter’s certificate or the cure affidavit, he or she may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of that ballot, specifying the precinct, the voter’s certificate or the cure affidavit, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voter’s certificate or cure affidavit may not be accepted after the ballot has been removed from the mailing envelope.
5. If the canvassing board determines that a ballot is illegal, a member of the board must, without opening the envelope, mark across the face of the envelope: “rejected as illegal.” The cure affidavit, if applicable, the envelope, and the ballot therein shall be preserved in the manner that official ballots are preserved.
(d) The canvassing board shall record the ballot upon the proper record, unless the ballot has been previously recorded by the supervisor. The mailing envelopes shall be opened and the secrecy envelopes shall be mixed so as to make it impossible to determine which secrecy envelope came out of which signed mailing envelope; however, in any county in which an electronic or electromechanical voting system is used, the ballots may be sorted by ballot styles and the mailing envelopes may be opened and the secrecy envelopes mixed separately for each ballot style. The votes on vote-by-mail ballots shall be included in the total vote of the county.
(3) The supervisor or the chair of the county canvassing board shall, after the board convenes, have custody of the vote-by-mail ballots until a final proclamation is made as to the total vote received by each candidate.
(4)(a) As soon as practicable, the supervisor shall, on behalf of the county canvassing board, attempt to notify an elector who has returned a vote-by-mail ballot that does not include the elector’s signature or contains a signature that does not match the elector’s signature in the registration books or precinct register by:
1. Notifying the elector of the signature deficiency by e-mail and directing the elector to the cure affidavit and instructions on the supervisor’s website;
2. Notifying the elector of the signature deficiency by text message and directing the elector to the cure affidavit and instructions on the supervisor’s website; or
3. Notifying the elector of the signature deficiency by telephone and directing the elector to the cure affidavit and instructions on the supervisor’s website.

In addition to the notification required under subparagraph 1., subparagraph 2., or subparagraph 3., the supervisor must notify the elector of the signature deficiency by first-class mail and direct the elector to the cure affidavit and instructions on the supervisor’s website. Beginning the day before the election, the supervisor is not required to provide notice of the signature deficiency by first-class mail, but shall continue to provide notice as required under subparagraph 1., subparagraph 2., or subparagraph 3.

(b) The supervisor shall allow such an elector to complete and submit an affidavit in order to cure the vote-by-mail ballot until 5 p.m. on the 2nd day after the election.
(c) The elector must complete a cure affidavit in substantially the following form:

VOTE-BY-MAIL BALLOT CURE AFFIDAVIT

I,  , am a qualified voter in this election and registered voter of   County, Florida. I do solemnly swear or affirm that I requested and returned the vote-by-mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I may be convicted of a felony of the third degree and fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this affidavit means that my vote-by-mail ballot will be invalidated.

  (Voter’s Signature)  

  (Address)  

(d) Instructions must accompany the cure affidavit in substantially the following form:

READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.

1. In order to ensure that your vote-by-mail ballot will be counted, your affidavit 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 5 p.m. on the 2nd day after the election.

2. You must sign your name on the line above (Voter’s Signature).

3. You must make a copy of one of the following forms of identification:

a. Tier 1 identification.Current and valid identification that includes your name and photograph: Florida driver license; Florida identification card issued by the Department of Highway Safety and Motor Vehicles; United States passport; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; public assistance identification; veteran health identification card issued by the United States Department of Veterans Affairs; a Florida license to carry a concealed weapon or firearm; or an employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality; or

b. Tier 2 identification.ONLY IF YOU DO NOT HAVE A TIER 1 FORM OF IDENTIFICATION, identification that shows your name and current residence address: current utility bill, bank statement, government check, paycheck, or government document (excluding voter information card).

4. Place the envelope bearing the affidavit into a mailing envelope addressed to the supervisor. Insert a copy of your identification in the mailing envelope. Mail (if time permits), deliver, or have delivered the completed affidavit along with the copy of your identification to your county supervisor of elections. Be sure there is sufficient postage if mailed and that the supervisor’s address is correct. Remember, your information MUST reach your county supervisor of elections no later than 5 p.m. on the 2nd day after the election, or your ballot will not count.

5. Alternatively, you may fax or e-mail your completed affidavit and a copy of your identification to the supervisor of elections. If e-mailing, please provide these documents as attachments.

(e) The department and each supervisor shall include the affidavit and instructions on their respective websites. The supervisor must include his or her office’s mailing address, e-mail address, and fax number on the page containing the affidavit instructions, and the department’s instruction page must include the office mailing addresses, e-mail addresses, and fax numbers of all supervisors of elections or provide a conspicuous link to such addresses.
(f) The supervisor shall attach each affidavit received to the appropriate vote-by-mail ballot mailing envelope.
(g) If a vote-by-mail ballot is validated following the submission of a cure affidavit, the supervisor shall make a copy of the affidavit, affix it to a voter registration application, and immediately process it as a valid request for a signature update pursuant to s. 98.077.
(h) After all election results on the ballot have been certified, the supervisor shall, on behalf of the county canvassing board, notify each elector whose ballot has been rejected as illegal and provide the specific reason the ballot was rejected. In addition, unless processed as a signature update pursuant to paragraph (g), the supervisor shall mail a voter registration application to the elector to be completed indicating the elector’s current signature if the signature on the voter’s certificate or cure affidavit did not match the elector’s signature in the registration books or precinct register.
History.s. 5, ch. 26870, 1951; s. 37, ch. 28156, 1953; s. 36, ch. 65-380; s. 6, ch. 69-280; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 41, ch. 79-400; s. 3, ch. 86-33; s. 591, ch. 95-147; s. 7, ch. 96-57; s. 20, ch. 98-129; s. 56, ch. 2001-40; s. 17, ch. 2002-17; s. 3, ch. 2004-232; s. 47, ch. 2005-277; s. 31, ch. 2007-30; s. 40, ch. 2011-40; s. 15, ch. 2013-57; s. 24, ch. 2016-37; s. 3, ch. 2016-167; s. 1, ch. 2017-45; s. 19, ch. 2019-162; s. 27, ch. 2021-11; s. 28, ch. 2023-120.

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Amendments to 101.68


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 101.68
Level: Degree
Misdemeanor/Felony: First/Second/Third

S101.68 2a - ELECTION LAWS - RELEASE MAIL VOTE RESULTS BEFORE POLL CLOSE - F: T

Cases Citing Statute 101.68

Total Results: 19

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

the signature on file for that voter. Fla. Stat. § 101.68 (2017). If the reviewing official believes the

Boardman v. Esteva

323 So. 2d 259

Supreme Court of Florida | Filed: Sep 30, 1975 | Docket: 1257698

Cited 34 times | Published

such procedure ordered by the Court violated F.S. 101.68 and other statutes and breached the fundamental

Palm Beach County Canvassing Bd. v. Harris

772 So. 2d 1220, 2000 WL 1725434

Supreme Court of Florida | Filed: Nov 21, 2000 | Docket: 2561311

Cited 11 times | Published

later than 7 p.m. on the day of the election. Section 101.68(2)(d) expressly states that "[t]he votes on

Diaz v. Cobb

541 F. Supp. 2d 1319, 56 A.L.R. 6th 815, 2008 U.S. Dist. LEXIS 27361, 2008 WL 793584

District Court, S.D. Florida | Filed: Mar 25, 2008 | Docket: 2132931

Cited 6 times | Published

the ballots to the county canvassing board, see § 101.68(1), (2), Fla. Stat. (2007). • Design, Print and

Anderson v. Canvassing & Election Bd.

399 So. 2d 1021

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1652493

Cited 5 times | Published

with those in the registration book. While Section 101.68, Florida Statutes (1979) does not specifically

Democratic Exec. Comm. of Fla. v. Detzner

347 F. Supp. 3d 1017

District Court, N.D. Florida | Filed: Nov 15, 2018 | Docket: 64321680

Cited 4 times | Published

II Before addressing the merits, this Court must address some preliminary issues. The first is whether the Plaintiffs have standing. Next, this Court will address affirmative defenses raised by Defendants. A Standing is a threshold matter this Court must determine before proceeding to consider the merits of Plaintiffs' claims. E.g. , Via Mat Int'l S. Am. Ltd. v. United States , 446 F.3d 1258, 1262 (11th Cir. 2006). In certain scenarios, associations or organizations have standing to assert claims

Jacobs v. Seminole County Canvassing Bd.

773 So. 2d 519, 2000 WL 1810330

Supreme Court of Florida | Filed: Dec 12, 2000 | Docket: 1291726

Cited 2 times | Published

of the information required on the ballot. Section 101.68(2), Florida Statutes specifically provides

Flack v. Carter

392 So. 2d 37

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1268240

Cited 2 times | Published

reasons not apparent on the Voter's Certificate. Section 101.68(2), Florida Statutes (1977), which reads as

Esteva v. Hindman

299 So. 2d 633

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

Cited 2 times | Published

for absentee ballot be properly executed. F.S. § 101.68, F.S.A., provides for the method of canvassing

Greene v. Clemens

98 So. 3d 791, 2012 Fla. App. LEXIS 18195, 2012 WL 5077368

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60312587

Cited 1 times | Published

Regarding the canvassing of absentee ballots, section 101.68(2)(c)l., Florida Statutes (2011), provides

Bush v. Hillsborough County Canvassing Board

123 F. Supp. 2d 1305, 2000 U.S. Dist. LEXIS 19265, 2000 WL 1872622

District Court, N.D. Florida | Filed: Dec 8, 2000 | Docket: 2346720

Cited 1 times | Published

in the Board's registration records.[4]See id. § 101.68(1)(c). Lastly, based on their interpretation of

Nancy Carola Jacobsen v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2020 | Docket: 18407994

Published

Elections. 915 F.3d at 1316, 1318 (citing Fla. Stat. § 101.68). But Article III standing and the proper defendant

Nancy Carola Jacobsen v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 2020 | Docket: 17109775

Published

Elections. 915 F.3d at 1316, 1318 (citing Fla. Stat. § 101.68). But Article III standing and the proper defendant

Democratic Executive Committee of Florida v. National Republican Senatorial Commitee

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

Published

the back of the mail-in envelope); Fla. Stat. § 101.68 (2017) (authorizing voting officials to compare

Democratic Executive Committee of Florida v. Laurel M. Lee

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

Published

the signature on file for that voter. Fla. Stat. § 101.68 (2017). If the reviewing official believes the

Braxton v. Holmes County Election Canvassing Board

870 So. 2d 958, 2004 Fla. App. LEXIS 1962, 2004 WL 329336

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64829920

Published

that official ballots voted are preserved. Section 101.68(2)(c)l., Fla. Stat. (2000). These 25 ballots

Adams v. Canvassing Board of Broward County

421 So. 2d 34, 1982 Fla. App. LEXIS 21952

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 64592930

Published

defect on the face of the Voter’s Certificate, Section 101.68(2); because the elector returned to his home

Howanitz v. Blair

394 So. 2d 479, 1981 Fla. App. LEXIS 19551

District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 64580609

Published

judgment in favor of the appellees relying upon Section 101.68(2), Florida Statutes (1977) which provides:

Papy v. Englander ex rel. Englander

267 So. 2d 111, 1972 Fla. App. LEXIS 6117

District Court of Appeal of Florida | Filed: Oct 6, 1972 | Docket: 64527803

Published

before the canvassing of the election returns. Section 101.68(1) requires the canvassing board to begin can*113vassing