 |
Florida Administrative Code (Last Updated: April 18, 2024) |
 |
1. Department of State |
|
1S. Division of Elections |
|
1S-2. Elections |
1(1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting a vote cast on a ballot in a manual recount as provided specifically by Section 39102.166, F.S.
41(2) Direct recording electronic voting system.
47(a) A vote cast on this voting system is valid for a particular candidate, issue choice, or judicial retention choice when the voter marks the ballot electronically as specified in the ballot instructions.
80(b) A vote cast on this voting system is valid for a particular write-in candidate when the voter types on the touch screen the name of a write-in candidate in accordance with the ballot instructions.
115(3) Optical scan voting system.
120(a) A vote cast on this voting system is valid for a particular candidate, issue choice, or judicial retention choice when the voter marks the ballot as specified in the ballot instructions.
152(b) A vote cast on this voting system is valid for a particular write-in candidate when the voter writes in the name of a candidate in the designated write-in space and fills in the oval or arrow next to the write-in candidate’s name.
195(4) Manual review and tabulation.
200(a) The standards under this subsection apply in all instances where a contest is not marked as specified in the ballot instructions under subsection (2) or (3) and a manual review of the voter’s markings on a ballot is required to determine whether there is a clear indication that the voter has made a definite choice in a contest.
259(b) The canvassing board must first look at the entire ballot for consistency. Then the provisions of paragraph (c) apply to determine whether the voter has made a definite choice in a contest, provided the voter has not marked any other contest on the ballot, or if the voter has marked other contests, he or she has marked them in the same manner, subject to the exceptions in subparagraphs 7., 10., and 15. The following are examples of valid votes after review for consistency:
343Ballot Situation 1: Recount in race of State Representative. The
353two ovals in the first two races are filled in properly, but the voter
367has circled the candidate’s name in the state representative race.
377Since the voter did not mark the state representative race in the
389same manner as in the other races, it cannot be determined
400whether the voter has clearly indicated a definite choice for
410Don Nichols.
412For Attorney General
415(Vote for one)
418Lucille Ball
420Jack Benny
422Desi Arnaz
424Lenny Bruce
426For Commissioner of Agriculture
430(Vote for one)433Jack Ritter
435Audra Lindley
437Francis Bavier
439Jack Dodson
441Ballot Situation 2: Recount in race of State Representative. All races on this ballot are marked in the same manner. Since the ballot is consistently marked as in paragraph (c), the vote cast for Michael Ross in the state representative race is a valid vote.
486For State Representative
489(Vote for one)
492Don Nichols
494Michael Ross
496Bernie West
498Norman Fell
500For Attorney General
503(Vote for one)
506Lucille Ball
508Jack Benny
510Desi Arnaz
512Lenny Bruce
514For Commissioner of Agriculture
518(Vote for one)
521Jack Ritter
523Audra Lindley
525Francis Bavier
527Jack Dodson
529Ballot Situation 3: Recount in State Representative race. Each race is marked differently so that no consistency in marking exists. It cannot be determined which marking, if any, is clearly indicative of the voter’s choice. Therefore, the vote cast for Bernie West is not valid.
574For State Representative
577(Vote for one)
580Don Nichols
582Michael Ross
584Bernie West
586Norman Fell
588(c) Subject to the provisions of paragraph (4)(b), the following marks constitute a valid vote as indicated for a particular candidate, issue choice, or judicial retention choice:
6151. The voter circles or underlines either the oval, or arrow next to a candidate’s name, issue choice, or judicial retention choice.
637Valid Vote for Ball641Valid Vote for Ball645For Attorney General
648(Vote for one)
651Lucille Ball
653Jack Benny
655Desi Arnaz
657Lenny Bruce
659For Attorney General
662(Vote for one)
665Lucille Ball
667Jack Benny
669Desi Arnaz
671Lenny Bruce
673Valid Vote for Ball 677Valid Vote for Ball
681For Attorney General
684(Vote for one)
687Lucille Ball689Jack Benny
691Desi Arnaz
693Lenny Bruce
695For Attorney General
698(Vote for one)
701Lucille Ball
703Jack Benny
705Desi Arnaz
707Lenny Bruce
7092. The voter circles or underlines the name of a candidate, issue choice, or judicial retention choice.
726Valid Vote for Arnaz730Valid Vote for Arnaz
734For Attorney General
737(Vote for one)
740Lucille Ball
742Jack Benny
744Desi Arnaz746Lenny Bruce
748For Attorney General
751(Vote for one)
754Lucille Ball
756Jack Benny
758Desi Arnaz
760Lenny Bruce
7623. The voter circles or underlines the party abbreviation associated with a candidate’s name.
776Valid Vote for Benny780Valid Vote for Benny
784For Attorney General
787(Vote for one)
790Lucille Ball 792DEM
793Jack Benny795REP
796Desi Arnaz798GRN
799Lenny Bruce801LBT
802For Attorney General
805(Vote for one)
808Lucille Ball 810DEM
811Jack Benny 813REP
814Desi Arnaz 816GRN
817Lenny Bruce 819LIB
8204. The voter marks an “X,” a check mark, a cross, a plus sign, an asterisk or a star, any portion of which is contained in a single oval or within the blank space between the head and tail of a single arrow. The marking must not enter into another oval or the space between the head and tail of another arrow.
883Valid Vote for Ball887Valid Vote for Ball
891For Attorney General
894(Vote for one)
897 898Lucille Ball900Jack Benny
902Desi Arnaz
904Lenny Bruce
906For Attorney General
909(Vote for one)
912Lucille Ball
914Jack Benny
916Desi Arnaz
918Lenny Bruce
920Invalid Vote922Invalid Vote
924For Attorney General
927(Vote for one)
930Lucille Ball932Jack Benny
934Desi Arnaz
936Lenny Bruce
938For Attorney General
941(Vote for one)
944Lucille Ball
946Jack Benny
948Desi Arnaz
950Lenny Bruce
9525. The voter draws a diagonal, horizontal, or vertical line, any portion of which intersects two points on the oval and which does not intersect another oval at any two points. If it is a horizontal line, the line must not strike through the name of the candidate.
1000Valid Vote for Ball1004Valid Vote for Ball
1008For Attorney General
1011(Vote for one)
1014Lucille Ball
1016Jack Benny
1018Desi Arnaz
1020Lenny Bruce
1022For Attorney General
1025(Vote for one)
1028--1029----- 1030Lucille Ball1032Jack Benny
1034Desi Arnaz
1036Lenny Bruce
1038Invalid Vote1040Invalid Vote
1042For Attorney General
1045(Vote for one)
1048Lucille Ball
1050Jack Benny
1052Desi Arnaz
1054Lenny Bruce
1056For Attorney General
1059(Vote for one)
1062Lucille Ball1064Jack Benny
1066Desi Arnaz
1068Lenny Bruce
10706. The voter draws a diagonal or vertical line that intersects an imaginary line extending from the center of the head of a single arrow to the center of the tail of the same arrow, provided the diagonal or vertical line does not intersect the imaginary line joining the head and tail of another arrow.
1125Valid Vote for Ball1129Invalid Vote
1131For Treasurer
1133(Vote for one)
1136Lucille Ball
1138Jack Benny
1140Desi Arnaz
1142Lenny Bruce
1144For Treasurer
1146(Vote for one)
1149Lucille Ball
1151Jack Benny
1153Desi Arnaz
1155Lenny Bruce
11577. The voter marks all the choices for a race but further clarifies a choice for a particular candidate, issue choice or judicial retention choice by placing an additional mark or marks showing support solely for that particular candidate, issue or judicial retention choice.
1201Valid Vote for Arnaz1205Valid Vote for Ball
1209For Commissioner of Education
1213(Vote for one)
1216Lucille Ball1218Jack Benny
1220Desi Arnaz
1222Lenny Bruce
1224For Commissioner of Education
1228(Vote for one)
1231Lucille Ball1233Jack Benny
1235Desi Arnaz
1237Lenny Bruce
1239Valid Vote to Keep Justice in Office
1246Judicial Retention
1248State Supreme Court
1251(Vote yes or no)
1255Shall Justice Tom Poston be retained as Chief Justice of the State Supreme Court
1269Yes ____________
1271No _____________
12738. The voter strikes through all the choices for candidates, issue, or judicial retention except for one and also leaves the write-in candidate space blank.
1298Valid Vote for Bruce
1302For Commissioner of Agriculture
1306(Vote for one)
1309Lucille Ball1311Jack Benny
1313Desi Arnaz1315Lenny Bruce
1317__________
1318Write-In
13199. The voter writes words such as “Vote for [candidate’s name],” “Count this vote” or “Vote no on amendment or referendum,” or “I want this one,” provided there are no other markings in the race that would constitute a valid vote for a different candidate, issue choice, or judicial retention choice pursuant to rule.
1376Valid Vote for Arnaz1380Invalid Vote
1382For State Senator
1385(Vote for one)
1388Lucille Ball1390Jack Benny
1392Desi Arnaz
1394Lenny Bruce
1396For State Senator
1399(Vote for one)
1402Lucille Ball
1404Jack Benny
1406Desi Arnaz
1408Lenny Bruce
1410Valid “No” vote
1413Proposed Constitutional Amendment No. 1
1418Article ___, section ___
1422(Popular Name)
1424An amendment to limit the increase in the assessed value of a taxpayer’s real property after a countywide reappraisal and to require a property tax credit.
1450YES 
1451Proposed Constitutional Amendment No. 1
1456NO 1457Proposed Constitutional Amendment No. 1 146210. The voter fills in the majority of an oval, or the majority of the distance between the head and the tail of an arrow designating a particular candidate, issue choice, or judicial retention choice, regardless of how other races on the ballot are marked.
1507Valid Vote for Arnaz 1511Valid Vote for Arnaz1515For School Board Member
1519(Vote for one)
1522Lucille Ball1524Jack Benny
1526Desi Arnaz
1528Lenny Bruce
1530For School Board Member
1534(Vote for one)
1537Lucille Ball
1539Jack Benny
1541Desi Arnaz
1543Lenny Bruce
154511. If a voter marks fewer candidates than there are positions to be elected for those offices, then the votes for all of those marked candidates shall count. For example, if the voter is allowed to vote for 5 candidates in a special district election (“Vote for 5”) and the voter marks 2 candidates, the votes for those two marked candidates shall count.
1608Valid Votes for Arnaz and Bruce 1614Valid Vote for Benny
1618For County Commissioner
1621(Vote for three)
1624Lucille Ball1626Jack Benny
1628Desi Arnaz
1630Lenny Bruce
1632For School Board Member
1636(Vote for one)
1639Lucille Ball
1641Jack Benny
1643Desi Arnaz
1645Lenny Bruce
164712. The voter draws an arrow from the arrow head to a particular candidate, issue choice or judicial retention choice or draws an arrow head on the tail end of the arrow in lieu of filling in the void between the arrow head and the tail for the particular candidate, issue choice or judicial retention choice.
1703Valid Vote for Arnaz1707Valid Vote for Bruce
1711For U.S. Senator
1714(Vote for one)
1717Lucille Ball
1719Jack Benny
1721Desi Arnaz
1723Lenny Bruce
1725For U.S. Senator
1728(Vote for one)
1731Lucille Ball
1733Jack Benny
1735Desi Arnaz
1737Lenny Bruce
173913. The voter darkens or bolds the arrow head and the arrow tail but does not fill in the void between the arrow head and the tail.1766Valid Vote for Ball
1770For Attorney General
1773(Vote for one)
1776Lucille Ball1778Jack Benny
1780Desi Arnaz
1782Lenny Bruce
178414. The voter punches the oval or the void between the arrow head and tail.
1799Valid Vote for Ball1803Valid Vote for Benny
1807For Attorney General
1810(Vote for one)
1813 1814Lucille Ball1816Jack Benny
1818Desi Arnaz
1820Lenny Bruce
1822For Attorney General
1825(Vote for one)
1828Lucille Ball
1830Jack Benny
1832Desi Arnaz
1834Lenny Bruce
183615. The voter marks two or more choices similarly in one of the ways indicated in paragraphs 1.-14. and additionally writes in comments such as “not this,” “ignore this,” “don’t want,” or “wrong,” or “Vote for [candidate’s name]” such that voter’s definite choice is clearly indicated.
1886Valid Vote for Ball1890Valid Vote for Arnaz
1894For Clerk of Court
1898(Vote for one)
1901Lucille Ball
1903Jack Benny
1905Desi Arnaz
1907Lenny Bruce
1909For Clerk of Court
1913(Vote for one)
1916Lucille Ball
1918Jack Benny
1920Desi Arnaz
1922Lenny Bruce
1924(5) Write-in Voting.
1927(a) A voter is determined to have made a definite choice for a write-in vote for the joint office of President/Vice-President if the voter writes in either the last name of the candidate for President or the last name of the candidate for Vice-President. This standard similarly applies to constitute a valid write-in vote for the joint office of Governor/Lieutenant Governor if the voter writes in either the last name of the candidate for Governor or the last name of the candidate for Lieutenant Governor.
2012Valid Vote for Joint Qualified Write-in President and Vice President Candidates, Lenny Bruce and Sally Marr
2028For President/Vice President
2031(Vote for one)
2034Lucille Ball
2036Buster Keaton
2038Jack Benny
2040Don Wilson
2042Desi Arnaz
2044Xavier Cugat
2046Lenny Bruce
2048Sally Marr
2050Marr 2051Write-In
2052(b) A voter is determined to have made a definite choice for a named candidate if the voter indicates a vote for a candidate named on the ballot and also writes-in the name of that same candidate in the blank space for ‘write-in candidate’.
2096Valid Vote for Benny
2100For Attorney General
2103(Vote for one)
2106Lucille Ball2108Jack Benny
2110Desi Arnaz
2112Lenny Bruce
2114Benny
2115Write-In
2116(c) A voter is determined to have made a definite choice for a particular candidate if the voter either writes in the name of a qualified write-in candidate or the name of a candidate who is named on the ballot in that race, whether or not the oval or arrow designating the selection of a write-in candidate has been marked.
2176Valid Vote for Smith, if Smith2182is a qualified write-in candidate 2187Valid Vote for Bruce
2191For Public Defender
2194(Vote for one)
2197Lucille Ball2199Jack Benny
2201Desi Arnaz
2203Lenny Bruce
2205Smith
2206Write-In
2207For Public Defender
2210(Vote for one)
2213Lucille Ball
2215Jack Benny
2217Desi Arnaz
2219Lenny Bruce
2221Bruce
2222Write-In
2223(d) If a voter abbreviates, misspells or varies the form of the name of a candidate in the write-in candidate space, it shall not affect the determination of whether the voter has made a definite choice. 2259(e)
2260If a voter indicates a vote for a candidate named on the ballot and also writes in a name of a different person in the write-in candidate space, it shall be considered an overvote and none of the votes are valid for that race.
2304Invalid Vote 2306Invalid Vote2308For Sheriff
2310(Vote for one)
2313Lucille Ball
2315Jack Benny
2317Desi Arnaz
2319Lenny Bruce
2321GOOFY
2322Write-In
2323For Sheriff
2325(Vote for one)
2328Lucille Ball
2330Jack Benny
2332Desi Arnaz
2334Lenny Bruce
2336Chester
2337Write-In
2338(6) Overvotes. Except as otherwise provided in 2345subsections (4) and (5), i2350f the voter marks more choices than there are positions or choices for that office or issue, it shall be considered an overvote and none of the votes are valid for that race.2383Invalid Vote2385Invalid Vote
2387(7) Valid Vote. 2390(a) A vote shall not count for any particular candidate, issue choice, or judicial retention choice at issue unless determined to be a valid vote pursuant to this rule.
2419(b) If a voter does not mark a candidate, judicial retention choice, or issue choice in a contest, the valid votes for other candidates or issues on the same ballot shall still be counted.
2453Rulemaking Authority 245520.10(3), 245697.021, 2457102.166(4) FS. 2459Law Implemented 2461101.5614(5), 2462102.166(4) FS. 2464History–New 6-6-02, Amended 10-6-08.
