Florida Statutes
Fla. Stat. § 102.131 (2025)
Returns before canvassing commission.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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102.131 Returns before canvassing commission.—If any returns shall appear to be irregular or false so that the Elections Canvassing Commission is unable to determine the true vote for any office, nomination, constitutional amendment, or other measure presented to the electors, the commission shall so certify and shall not include the returns in its determination, canvass, and declaration. The Elections Canvassing Commission in determining the true vote shall not have authority to look beyond the county returns. The Department of State shall file in its office all the returns, together with other documents and papers received by it or the commission. The commission shall canvass the returns for presidential electors and representatives to Congress separately from their canvass of returns for state officers.
History.—s. 35, ch. 3879, 1889; RS 189; s. 66, ch. 4328, 1895; GS 249; RGS 293; CGL 349; s. 6, ch. 26870, 1951; s. 5, ch. 65-129; ss. 10, 35, ch. 69-106; s. 25, ch. 77-175; s. 46, ch. 79-400.
Note.—Former s. 99.50.
Notes of Decisions
Cited in 3
cases, 2000–2000 · leading case: Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000).
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “[31] § 102.131, Fla. Stat. (2000) ("If any returns shall appear to be irregular or false so that the Elections Canvassing Commission is unable to determine the true vote for any office .”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “See Fla. Stat. § 102.131 (1). The can *1045 vassing boards are responsible for counting the votes given each candidate.”
Gore v. Harris, 773 So. 2d 524 (Fla. 2000). “Although the Secretary of State is the chief election officer of the state, see section 97.102(1), Florida Statutes (2000), the actual conduct of elections occurs in Florida counties with the county canvassing boards in each county responsible for counting the votes given each…”
— 102.131(1) — 1 case
Gore v. Harris, 773 So. 2d 524 (Fla. 2000). “Although the Secretary of State is the chief election officer of the state, see section 97.102(1), Florida Statutes (2000), the actual conduct of elections occurs in Florida counties with the county canvassing boards in each county responsible for counting the votes given each…”
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