Florida Statute 102.166 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

View Entire Chapter

F.S. 102.166

102.166 Manual recounts of overvotes and undervotes.—

(1) If the second set of unofficial returns pursuant to s. 102.141 indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or less of the votes cast for such office, that a candidate for retention to a judicial office was retained or not retained by one-quarter of a percent or less of the votes cast on the question of retention, or that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or less of the votes cast on such measure, a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure shall be ordered unless:

(a) The candidate or candidates defeated or eliminated from contention by one-quarter of 1 percent or fewer of the votes cast for such office request in writing that a recount not be made; or

(b) The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election.

The Secretary of State is responsible for ordering a manual recount for federal, state, and multicounty races. The county canvassing board or local board responsible for certifying the election is responsible for ordering a manual recount for all other races. A manual recount consists of a recount of marksense ballots or of digital images of those ballots by a person.

(2) Any hardware or software used to identify and sort overvotes and undervotes for a given race or ballot measure must be certified by the Department of State. Any such hardware or software must be capable of simultaneously identifying and sorting overvotes and undervotes in multiple races while simultaneously counting votes. Overvotes and undervotes must be identified and sorted while recounting ballots pursuant to s. 102.141. Overvotes and undervotes may be identified and sorted physically or digitally.

(3) Any manual recount shall be open to the public.

(4)(a) A vote for a candidate or ballot measure shall be counted if there is a clear indication on the ballot that the voter has made a definite choice.

(b) The Department of State shall adopt specific rules for the federal write-in absentee ballot and for each certified voting system prescribing what constitutes a “clear indication on the ballot that the voter has made a definite choice.” The rules shall be consistent, to the extent practicable, and may not:

1. Authorize the use of any electronic or electromechanical reading device to review a hybrid voting system ballot that is produced using a voter interface device and that contains both machine-readable fields and machine-printed text of the contest titles and voter selections, unless the printed text is illegible;

2. Exclusively provide that the voter must properly mark or designate his or her choice on the ballot; or

3. Contain a catch-all provision that fails to identify specific standards, such as “any other mark or indication clearly indicating that the voter has made a definite choice.”

1. The appropriate lines or spaces for designating a candidate choice and, for state and local races, the office or ballot measure to be voted, including the proximity of each to the other and the effect of intervening blank lines.

2. The sufficiency of designating a candidate’s first or last name when no other candidate in the race has the same or a similar name.

3. The sufficiency of designating a candidate’s first or last name when an opposing candidate has the same or a similar name, notwithstanding generational suffixes and titles such as “Jr.,” “Sr.,” or “III.” The rule should contemplate the sufficiency of additional first names and first initials, middle names and middle initials, generational suffixes and titles, nicknames, and, in general elections, the name or abbreviation of a political party.

4. Candidate designations containing both a qualified candidate’s name and a political party, including those in which the party designated is the candidate’s party, is not the candidate’s party, has an opposing candidate in the race, or does not have an opposing candidate in the race.

5. Situations where the abbreviation or name of a candidate is the same as the abbreviation or name of a political party to which the candidate does not belong, including those in which the party designated has another candidate in the race or does not have a candidate in the race.

6. The use of marks, symbols, or language, such as arrows, quotation marks, or the word “same” or “ditto,” to indicate that the same political party designation applies to all listed offices or the elector’s approval or disapproval of all listed ballot measures.

7. Situations in which an elector designates the name of a qualified candidate for an incorrect office.

8. Situations in which an elector designates an otherwise correct office name that includes an incorrect district number.

(5) Procedures for a manual recount are as follows:

(a) The county canvassing board shall appoint as many counting teams of at least two electors as is necessary to manually recount the ballots. A counting team must have, when possible, members of at least two political parties. A candidate involved in the race shall not be a member of the counting team.

(b) Each duplicate ballot prepared pursuant to s. 101.5614(4) or s. 102.141(7) shall be compared with the original ballot to ensure the correctness of the duplicate.

(c) If a counting team is unable to determine whether the ballot contains a clear indication that the voter has made a definite choice, the ballot shall be presented to the county canvassing board for a determination.

(d) The Department of State shall adopt detailed rules prescribing additional recount procedures for each certified voting system which shall be uniform to the extent practicable. The rules shall address, at a minimum, the following areas:

1. Security of ballots during the recount process;

2. Time and place of recounts;

3. Public observance of recounts;

4. Objections to ballot determinations;

5. Record of recount proceedings;

6. Procedures relating to candidate and petitioner representatives; and

7. Procedures relating to the certification and the use of automatic tabulating equipment that is not part of a voting system.

(6) Nothing in this section precludes a county canvassing board or local board involved in the recount from comparing a digital image of a ballot to the corresponding physical paper ballot during a manual recount.

History.—s. 9, ch. 18405, 1937; CGL 1940; Supp. 337(23-b); s. 7, ch. 22858, 1945; s. 5, ch. 26870, 1951; s. 30, ch. 28156, 1953; s. 24, ch. 57-1; s. 29, ch. 65-380; s. 27, ch. 77-175; s. 48, ch. 79-400; s. 15, ch. 89-348; s. 601, ch. 95-147; s. 1, ch. 99-339; s. 42, ch. 2001-40; s. 21, ch. 2002-17; s. 59, ch. 2005-277; s. 34, ch. 2007-30; s. 15, ch. 2010-167; s. 3, ch. 2011-162; s. 2, ch. 2015-40; s. 11, ch. 2018-112; s. 37, ch. 2019-162; s. 5, ch. 2020-109.

Note.—Former s. 100.25; s. 101.57.

F.S. 102.166 on Google Scholar

F.S. 102.166 on Casetext

Amendments to 102.166

Arrestable Offenses / Crimes under Fla. Stat. 102.166

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.166.

Annotations, Discussions, Cases:

Cases Citing Statute 102.166

Total Results: 20

CRAIG SIMMONS v. PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2022-05-04

Snippet: meaning of “presents” with respect to section 102.166, Florida Statutes (1987). In Finno, the plaintiff

Udick v. Harbor Hills Development, L.P.

Court: District Court of Appeal of Florida | Date Filed: 2015-11-20

Citation: 179 So. 3d 489, 2015 Fla. App. LEXIS 17422, 2015 WL 7302585

Snippet: context), Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074, However, . these principles do

Goldsmith v. McDonald

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

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

Snippet: See § 102.141(7), Fla. Stat. (2008). [2] See § 102.166, Fla. Stat. (2008). [3] See § 102.168, Fla. Stat

Browning v. Sarasota Alliance

Court: District Court of Appeal of Florida | Date Filed: 2007-10-31

Citation: 968 So. 2d 637, 2007 WL 3170111

Snippet: the Department of State. Sections 102.141(6) and 102.166 set forth when recounts are required. Notably,

Florida Democratic Party v. Hood

Court: District Court of Appeal of Florida | Date Filed: 2004-10-28

Citation: 884 So. 2d 1148, 2004 WL 2402451

Snippet: procedures are governed by sections 102.141 and 102.166, Florida Statutes (2004), which create a two-stage

Wexler v. Lepore

Court: District Court of Appeal of Florida | Date Filed: 2004-08-06

Citation: 878 So. 2d 1276, 2004 WL 1753408

Snippet: recorded and reported, including any recount. Section 102.166(1) and (2), Florida Statutes (2003), specifically

Braxton v. Holmes County Election Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2004-02-24

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

Snippet: conducted by the Canvassing Board pursuant to section 102.166, the circuit court in a contest proceeding does

Miller v. City of Belle Glade Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2001-06-27

Citation: 790 So. 2d 511, 2001 Fla. App. LEXIS 8778, 2001 WL 716895

Snippet: particular election following a protest pursuant to s. 102.166(1), whichever occurs later. In its order granting

Gore v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-22

Citation: 773 So. 2d 524, 2000 WL 1867628

Snippet: a candidate had the option pursuant to section 102.166(4), Florida Statutes (2000), to request a manual

Palm Beach County Canvassing Bd. v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-11

Citation: 772 So. 2d 1273, 2000 WL 1804707

Snippet: voted to conduct countywide manual recounts. See § 102.166(5), Fla. Stat. (2000). Because the Palm Beach County

Gore v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-08

Citation: 772 So. 2d 1243, 2000 WL 1800752

Snippet: certification following a protest pursuant to section 102.166(1), Florida Statutes (2000), whichever occurs later

Miami-Dade Dem. Party v. Canvassing Bd.

Court: District Court of Appeal of Florida | Date Filed: 2000-11-22

Citation: 773 So. 2d 1179

Snippet: from three of its precincts pursuant to section 102.166(4)(d), Fla. Stat. (1999). The results of that sample

Palm Beach County Canvassing Bd. v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-11-21

Citation: 772 So. 2d 1220, 2000 WL 1725434

Snippet: pursuant to section 102.166, Florida Statutes (2000).[3] Pursuant to section 102.166(4)(d), the county

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-11-14

Snippet: an election as that phrase is used in section 102.166(5), Florida Statutes. I am answering your request

Beckstrom v. VOLUSIA COUNTY CANVASSING

Court: Supreme Court of Florida | Date Filed: 1998-03-19

Citation: 707 So. 2d 720, 1998 WL 120219

Snippet: sheriff. On November 8, 1996, pursuant to section 102.166(11), Florida Statutes (1995),[1] appellant filed

In Re Protest Election Returns and Absentee Ballots 4, 1997 Election for City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1998-03-11

Citation: 707 So. 2d 1170, 1998 Fla. App. LEXIS 2408

Snippet: protest to the run-off election pursuant to Section 102.166, Florida Statutes (1997), as well as the November

Broward Cty. Canvassing Bd. v. Hogan

Court: District Court of Appeal of Florida | Date Filed: 1992-11-12

Citation: 607 So. 2d 508, 1992 Fla. App. LEXIS 11920, 1992 WL 324859

Snippet: protest with the appropriate canvassing board. § 102.166(1), Fla. Stat. (1991). In addition, a candidate

In re Finno

Court: District Court of Appeal of Florida | Date Filed: 1989-08-02

Citation: 546 So. 2d 805, 14 Fla. L. Weekly 1818, 1989 Fla. App. LEXIS 4349

Snippet: protest he wished to file pursuant to section 102.166(2), Florida Statutes (1987). He arranged to meet

Cummins Alabama, Inc. v. Allbritten

Court: District Court of Appeal of Florida | Date Filed: 1989-07-21

Citation: 548 So. 2d 258, 1989 WL 81236

Snippet: involved an election protest filed under section 102.166, Florida Statutes (1977). The Florida Rules of

Harden v. Garrett

Court: Supreme Court of Florida | Date Filed: 1985-12-20

Citation: 483 So. 2d 409, 11 Fla. L. Weekly 13

Snippet: validity and conduct of the election under sections 102.166 and 102.168, Florida Statutes (1983). Although