(8) (7), as ch. f fll, ch. 101.180 form of presidential ... · phraseology of the substance of the...

VOTING; BALLOTS, VOTING MACHINES, ABSENTEE; PROCEDURE Ch. 101

and before final printing shall, under his certificate, approve the form of the ballot.

(8) The provisions of subsection (7), §101.141 shall be applicable in printing of said ballot.

Blotory.-§35, ch. ~328, 1895; as 219; §1, ch. 5612, 1907; RGS 28~; COL 320; §5, ch. 17898, 1937; § f 2, 3, ch. 25187, 19~9; formerly § § 99.18 and 99.171 revised and renumbered by f5, ch. 26870, 1951; sub §§ (3), (5) am. §3, ch. 29937, 1955; (3) by §1, ch. 57-235; (5) by §2, ch. 59-334.

101.161 Constitutional amendment or other public measure.-Whenever a constitutional amendment or other public measure shall be submitted to the vote of the people, the substance of such amendment, or other public measure shall be printed on the ballot one time, after the list of candidates, followed by the phrase "for the amendment," and also by the phrase "against the amendment," with a sufficient blank space thereafter for the placing of the symbol "X" to indicate the voter's choice, excepting that when voting machines are used the amendment or measure shall be in the form relating to the use of voting machines. The phraseology of the substance of the amendment or other public measure, shall be furnished to the several counties by the secretary of state so as to insure uniformity, and he shall be authorized to give each of the proposed constitutional amendments or other public measure, a designating number for convenient reference and this number designation may also appear on the ballot.

Blstory.-§34, ch. 4328, 1895; OS 218; RGS 262; COL 318; 1 § 1-11, ch. 16180, 1933; §1, ch. 16877, 1935; §~. ch. 17898, 1937; §1, ch. 22626, 1945; formerly §99.16, revised and renumbered by § 5, ch. 26870, 1951.

101.171 Copy of constitutional amendment to be posted.-Whenever any amendment to the state constitution is voted upon at any election, the county commissioners of each county shall

have the amendment printed in legible type and a copy thereof conspicuously posted at each precinct upon the day of election, such printed amendments to be furnished the county commissioners by the secretary of state.

Wstory.-§1, ch. 5405, 1905; RGS 263; COL 319; formerlJ §99.17, revised and renumbered bJ fll, ch. 28870, 1951.

101.180 Form of presidential preference primacy ballot.-The form of the presidential preference primary ballot shall be as follows: The heading, office and candidates shown being sufficient to demonstrate the form required.

OFFICIAL PRESIDENTIAL PREFERENCE PRIMARY BALLOT

N o, ___________________ Initials of Issuing OfficiaL __ _ _________________________ party ------------------------------------Stub No.1

Signature of elector


N o, ____________________ Initials of Issuing OfficiaL ____ _ __________________________ Party ------------------------------------Stub No. 2


------------------------------------------------------------------------- Party Date -------------------------------------------------------------------------------------------------------------------------------------------- County Precinct No. ---------------------

Place a cross (X) in the circle at the top of the column of the group of delegates for whom you wish to vote.

Candidates Preferring

JOHN GREEN for President

Candidates Preferring

JAMES BROWN for President

Candidates Expressing

no preference

0 Delegates-at-Large

Sam White Organizing Chairman

John Jones Belle Brooks

District Delegates John Doe Mary Roe

Wstory.-comp. §2, ch, 29947, 1955.


Robert Gray Organizing Chairman

Charles Smith Hildred Casey

District Delegates William Jones Peter Sands

401


John Williams Organizing Chairman

Peter Kyne Wilbur Collins

District Delegates Tom Burt

Susie Brown

Ch. 101 VOTING; BALLOTS, VOTING MACHINES, ABSENTEE; PROCEDURE

101.181 Form of primary ballot.-The form of the primary election ballot shall be as follows: The heading, office and candidates shown being sufficient to demonstrate the form required.

OFFICIAL PRIMARY BALLOT

No, ______________ _ Initials of Is

suing Official _________ Party

Stub No.1

Signature of elector

OFFICIAL PRIMARY BALLOT

No. __________ _ Initials of Is

suing Official _ _ _ _ ___ Party

Stub No. 2

OFFICIAL PRIMARY BALLOT _ _____ ________ Party (Date) --- - ------ --------

--------------- County Precinct No. __________________ _

TO VOTE for a person whose name is printed on the ballot, mark a cross (X) in the square at the RIGHT of the name of the person for whom you desire to vote.

CONGRESSIONAL UNITED STATES SENATOR

William Jones

Charles Smith

John Williams

Vote for One

(And thence, other offices under this heading, followed by the headings and offices as prescribed in §101.141.)

mstory.-§40, ch. 6469, 1913; f5, ch. 6874, 1915; ROB 344; _ COL 401; §8, ch. 13761, 1929; §2, ch. 17901, 1937; f3, ch. 25386,

1949; formerly §102.39, revised and renumbered by 15, ch. 26870, 1951.

101.191 Form of general election ballot.The form of the general election ballot shall be as follows: The heading, office and candidate shown being sufficient to demonstrate the form required.

OFFICIAL BALLOT GENERAL ELECTION ORANGE COUNTY, FLORIDA

No. Precinct No. 1

November 2, 1949 Stub No. 1

Signature of Elector

Initials of Issuing Official


No. ---------------------------Precinct No. 1

November 2, 1949 Stub No.2

Initials of Issuing Official


Precinct No. 1 November 2, 1949

To vote for a person whose name is printed on the ballot, mark a cross (X) on the square at the RIGHT of the name of the person for whom you desire to vote. To vote for a person whose name is not printed on the ballot write his name in the blank space provided for that purpose.

ELECTORS for President

and Vice-President Vote for group

DEMOCRATIC

HARRY S. TRUMAN For President

ALBEN W. BARKLEY For Vice-President

REPUBLICAN

THOMAS E. DEWEY For President

EARL WARREN For Vice-President

FOR WRITE-IN VOTES FOR ELECTORS FOR PRESIDENT AND VICE-PRESIDENT

Vote for each

(with sufficient number of lines to equal number of electors to which this state is entitled under federal law.)

CONGRESSIONAL UNITED STATES SENATOR Vote for one

THOMAS BROWN (Dem) BERT L. ACKER (Rep)

(And thence, other offices under this heading, followed by the headings and offices as_ prescribed in § 101.151.)

PROPOSED CONSTITUTIONAL AMENDMENTS

Mark a cross (x) mark in the square at the RIGHT for the Amendment or against the Amendment.

402

VOTING; BALLOTS, VOTING MAC HINES, ABSENTEE; PROCEDURE Ch. 101

No.1 CONSTITUTIONAL AMENDMENT

ARTICLE IX, SECTION 17 (Here the Secretary of State will insert brief description of the amendment as otherwise provided by law.)

FOR the Amendment AGAINST the Amendment

Hlstory.-§35, ch. 4328, 1895; OS 220; ROB 265; COL 321. This section was amended by 15, eh. 24994, 1948; agai.D

amended by §4, ch. 25187, 1949, which act became a law on May 30th, 1949. The 1949 legislature then repealed the 1941 amendment, by ch. 25051, which became effective July 1, 1949. This repeal does not affect this section since the 1949 legislature had amended by ch. 25187 on May 30th; formerly §99.19, revised and renumbered by §5, ch. 26870, 1951.

Am. §29, ch. 29934, 1955; §2, ch. 57-235; §3, ch. 59-334.

101.20 Publication of ballot forrn.-Upon completion of the list of qualified candidates, in counties where paper ballots are used, the board of county commissioners shall publish in a newspaper of general circulation, in the county at least seven days before any primary, general or special election of whatever nature, a sample ballot form, or should the county have an addressograph or equivalent system for mailing to registered electors, a sample ballot may be mailed to each registered elector in lieu of publication at least seven days before any election.

Hlstory.-§5, ch. 26870, 1951 ; §8, ch. 57-166.

101.21 Number of ballots required, payment for ballots.-Where voting machines are not used, there shall be as many official ballots as shall be equal to one hundred and ten per cent of the registered qualified electors at the voting place. The printing and delivery of ballots and cards of instruction shall in municipal elections be paid for by the several cities and towns respectively, and in all other elections by the counties respectively.

History.-§ f 29, 37, ch. 4328, 1895; §11, ch. 4537, 1897; OS 211, 222 ; ROB 255, 267; COL 311, 323; §7, eh. 17898, 1937; 12, ch. 24088, 1947; §7, ch. 25384, 1949; formerly 1 f 99.09 and 99.21 revised and renumbered by f5, eh. 26870, 1951.

101.22 Voting procedure, ballots.-Before any ballot is delivered to an elector, one of the inspectors shall affix his initials on the line provided on each of the two ballot stubs and the elector shall sign his name on the line on the top stub, and if he is unable to write, he shall sign his mark with the assistance of one of the inspectors. The inspector shall compare the signature on the ballot stub with the signature on the elector's registration and if necessary require other identification. If the inspector is reasonably sure that the person is entitled to vote, he shall then detach and retain the upper stub and the elector shall go to the booth and mark his ballot and after he has marked his ballot, he shall fold it so as to leave the stub remaining attached visible so that it can be detached without unfolding. The inspector shall compare it with the stub he retained and if it is the ballot he delivered to the elector, he shall detach and retain the remaining stub and the elector shall then deposit

the folded ballot in the ballot box. But, if the marked ballot returned proves to be a different one from the one delivered to him, the inspectors shall then and there search the elector and if the original ballot is found on or about his person, the inspectors shall take possession of the ballot and discharge the elector from the polling place without permitting him to vote. Inspectors of elections, where ballots are used, are clothed with such police power as is necessary to carry out the provisions of this section.

Hlstory.-§36, ch. 4328, 1895; OS 221; ROB 256; COL 322; §6, ch. 17898, 1937; §6, ch. 25187, 1949; formerly lf99.20, 102.41, revised and renumbered by §5, eh. 26870, 1951.

101.23 Election inspector to keep list of those voting.-When any person has been admitted to vote, his name shall be checked on the margin of the page opposite his name, or at the place indicated upon the registration books, by one of the inspectors. One of the inspectors shall, at the same time, keep a poll list containing names of electors who have voted. The inspectors may prevent any person from voting a second time when they have reason to believe that the person has voted. They may refuse to allow any person to vote who is not a qualified elector, or who has become disqualified to vote in the precinct or prevent any elector from consuming more than five minutes in voting. But no inspector shall handle the ballot being voted or interfere with the voting of any elector.

Wstory.-§58, ch. 4328, 1895; OS 236; ROB 281; COL 337; formerly §99.37, revised and renumbered by §5, ch. 20870, 1951; am. §24, ch. 28156, 1953. cf.-§101.68 Canvassing absent elector's ballots.

101.24 Ballot boxes and ballots.-The county commissioners, except where voting machines are used, shall prepare one ballot box for each polling place in their respective counties, of sufficient size to contain all the ballots of the particular precinct, and the ballot box shall be plainly marked with the name of the precinct for which it is intended. Before any general or special election they shall place in the ballot box as many ballots as provided in §101.21. After securely locking the ballot box, and sealing up the keyhole and other openings, they shall send the key in a sealed envelope, to the inspector of elections of the precinct, together with the box. The custodian is placed under oath or affirmation to perform his commission faithfully and without favor or prejudice to any political party.

Hlstory.-§26, ch. 3879, 1889; RS 180; §7, ch. 4328, 1895 ; 17, ch. 4537, 1897; OS 203; ROS 247; COL 303; §1, ch. 17898, 19:!7; §1, ch. 24088, 1947; § 11, ch. 25035, 1949; § 1, ch. 25384, 1948; formerly §99.02, revised and renumbered by §5, eh. 20870, 1851.

101.25 Names on ballot.-The nomination of all candidates for all elective state, congressional and county offices, for United States senator and for the election of members of the state, congressional and county executive committees is made in the manner provided in this code.

The name of no person nominated shall be placed upon the official ballot to be voted at

403


any general election as a candidate for any office, unless the person has been nominated for the office under the provisions of this code.

matory.-§1, ch. 6469, 1913; RGS 299; COL 355; §1, ch. 17900, ~:~i: formerly § 102.01. revised and renumbered by f5, ch. 26870,

101.26 Order of titles and names of candidates.-The ballots printed shall contain the names of all candidates nominated who have not declined. In general elections the names of the candidates shall be printed on the ballots in the order in which their party nominee ran for governor in last election.

History.-§33, ch. 4328, 1895; OS 217; RGS 261; COL 317. Section amended by §4, ch. 24994, 1948; again amended by

§1, ch. 25187, 1949, which act became a law on May 30th, 1949. The 1949 legislature then repealed the 1948 amendment by ch. 25051, 1949, effective July 1, 1949. This repeal does not affect this section since the 1949 legislature had amended this section by ch. 25187 on May 30th; formerly §99.15, revised and renumbered by § 5, ch. 26870, 1951.

101.27 Voting machines; defined.-The list of candidates used or to be used on the front of the voting machine for an election district in which a voting machine is used pursuant to law shall be deemed official ballots under this code. The word "ballot" as used in this article (except when reference is made to irregular ballots) means that portion of the cardboard or paper or other material within the ballot frames containing the name of the candidate and the designation of the party by which he was nominated, or a statement of a proposed constitutional amendment, or other question or proposition with the word 'yes' for voting for any question or proposition, and the word 'no' for voting against any question. The term 'question' shall mean any constitutional amendment, proposition or other question submitted to the elector at any election. The term 'official ballot' shall mean the printed strips of cardboard containing the names of the candidates nominated and a statement of the questions submitted. The term 'irregular ballot' shall mean a vote cast, by or on a special device, for a person whose name does not appear on the ballots. The term 'voting machine custodian' shall mean the person who shall have charge of preparing and arranging the voting machine for elections. The term 'protective counter' shall mean a separate counter built into the voting machine which cannot be reset, which records the total number of movements of the operating lever. The term 'board of elections' shall mean the clerk and inspectors appointed to conduct an election.

mstory.-§1, ch. 13893, 1929; COL 1936 Supp. 337(1); §1, ch. 18405, 1937; formerly §100.01, revised and renumbered by §5, ch. 26870, 1951.

101.28 Requirements of voting machines.Any voting machines may be adopted, rented, purchased or used which shall be so constructed as to fulfill the following requirements: It shall secure to the elector secrecy in the act of voting; it shall provide facilities for voting for or against as many questions as may be submitted; it shall permit the elector to vote for the candidates of one or more parties; it

shall permit the elector to vote for as many persons for an office as he is lawfully entitled to vote for, but no more; it shall prevent the elector from voting for the same persons more than once for the same office; it shall permit the elector to vote for or against any question he may have the right to vote upon, but no other; if used in primary elections, it shall be so equipped that the election officials can lock out all rows except those of the elector's party by a single adjustment on the outside of the machine; it shall correctly register or record, and accurately count all votes cast for any and all persons, and for or against any and all questions; it shall be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected; it shall be provided with a counter which shall show at all times during any election how many persons have voted; it shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of electors; it shall also be provided with one device for each party for voting for all presidential electors of that party by one operation, and in that connection there shall be provided on the ballot the words "Electors for President and Vice-President'' followed by the name of the party and thereafter by the names of the candidates thereof for the offices of president and vice-president, and a registering device which shall register the votes cast for such electors thus voted for collectively, as contemplated by section 103.111. Every voting machine shall be furnished with a lantern, or a proper substitute for one, which shall give sufficient light to enable electors while voting to read the ballots and suitable for use by the election officers in examining the counters. All voting machines used in any election shall be provided with a screen, hood or curtain which shall be so made and adjusted as to conceal the elector and his action while voting.

History.-§2, ch. 13893, 1929; COL 1936 Supp. 337(2); formerly §100.02, revised and renumbered by §5, ch. 26870, 1951; am. §25, ch. 28156, 1953.

101.29 Providing machines; payment for same.-The authorities adopting the use of voting mac.hines, shall, as soon as practicable, provide for each polling place one or more voting machines in complete working order, and the authorities in charge of elections shall preserve and keep them repaired, and have custody of same when not in use at any election. If it is impracticable to supply each election district with voting machines at any election, as many may be supplied as it is practicable to procure, and these may be used in the districts as the officers adopting the machine may direct. The board of county commissioners or the municipal authorities ou the adoption and rental or purchase of voting machines may provide for payment as they may deem for the best interest {)f their respective localities.

mstor,..-§ § 5, 8, ch. 13893, 1929; COL 1938 supp. 337(5),(8); formerly I § 100.05 and 100.06 revised and renumbered bJ fl, ch. 26870, 18111.

404


101.30 Voting machine model.-For the instruction of electors on any election day there shall, so far as practicable, be provided for each polling place a mechanically operated model of a portion of the face of the machine. The model, if furnished, shall, during the election, be located on the election officers' table or in some other place which the electors must pass to reach the machine, and each elector shall, before entering the machine booth, be instructed regarding its operation and such instructions illustrated on the model, and the elector given opportunity to personally operate the model. The elector's attention shall also be called to the diagram on the face of the machine so that the elector can become familiar with the location of the questions and the names of the offices and candidates. In case any elector, after entering the voting machine booth, shall ask for further instructions concerning the manner of voting, two election officers of opposite political parties, if present, and if not, two election officers of the same party shall give such instructions to him, but no officer or person assisting an elector shall in any manner request, suggest or seek to persuade or induce any elector to vote for or against any particular ticket, candidate, amendment, question or proposition. After giving them instructions and before the elector shall have registered his vote, the officers or persons assisting him shall retire and such elector shall then register his vote in secret.

Hlstory.-§21, ch. 13893, 1929; COL 1936 Supp. 337(21); formerly §100.21, revl•ed and renumbered by §5, cb. 26810, 1951; am. §26, ch. 28156, 1953.

101.31 Experimental use of voting machines. -The board of county commissioners of any county or the governing body of any municipality may provide for experimental use at any election in one or more precincts, voting machine or machines and the use of any machine shall be as valid for all purposes as if they had been adopted.

Hlstory.-§4, cb. 13893, 1929; COL 1936 Supp. 337(4); §3, ob. 18405, 1937; formerly §100.04, revised and renumbered by f5, ch. 26870, 1951.

101.32 Adoption of voting machines; powers incident to adoption.-The board of county commissioners or the governing body of a municipality, may if they so elect, submit to the electors of a county or municipality at a general or special election the question of whether it shall adopt voting machines; provided that no special election shall be called for the sole purpose of determining this question. If a majority of the electors approve of same, the board of county commissioners of the county or governing body of the municipality shall adopt for use at elections any kind of voting machine that meets the requirements set forth in §101.28, and the machines shall be used at any and all elections held in the county or municipality or any part thereof for voting, registering and counting votes cast at any election; provided that the board of county commissioners or governing body may purchase, install and use, not to exceed five voting machines, for

experimenting with same in districts or precincts without submission of the question to the electors of the county or municipality. Voting machines may be adopted for use in different districts in the same county or municipality. The provisions of this section relating to the submission of a question to the public relating to the adoption of voting machines shall be construed as permissive.

In every case in which the governing authorities of any city or town, shall adopt and use at any precinct any voting machine, the governing authorities may do anything necessary which they deem to be requisite to a fair, honest and satisfactory use of the machines.

Wotor;r.-§13. 28 cb. 13893, 1929; COL 1938 Supp. 337(3) (27); §2, cb. 18405, 1937; formerly §100.32, revised and renumbered by §5, cb. 26870, 1951; §1, ch. 59-116. cf.-§101.42(3) Ofllclal ballots.

101.33 Number of electors for each machine. -In precincts containing six hundred or less registered electors there shall be one voting machine and in precincts containing more than six hundred registered electors there shall be available one machine for every six hundred registered electors or fraction thereof which are expected to participate in any election.

Hlstory.-§14, cb. 13893, 1929; COL 1936 Supp. 337(14); Ill. cb. 18405, 1937; formerly §100.14, revised and renumbered by §5, ch. 26870, 1951.

101.34 Supervisor shall be custodian of voting machines.-The supervisor is the custodian of voting machines in the county using them, and he shall appoint deputies necessary to prepare and supervise the machines prior to and during elections and their compensation shall be the same as clerks and inspectors of elections and they shall be paid by the board of county commissioners from the same fund the clerks and inspectors are paid from. Wsto~y.-§3A, ch. 22018, 1943; §4, ch. 24089, 1947; formerly

fi 100.42, revised and renumbered by §5, ch. 26870, 1951. cf.-§102.021 Compensation of Inspectors and clerks.

101.35 Custodians of voting machines. -Where a voting machine is used, it shall be in proper order for use at any election at the polling place before the time fixed for opening of the polls, and the counters set at zero. The custodian, the supervisor, shall appoint one or more deputies to be known as deputy custodians of voting machines, who shall be competent, thoroughly instructed, and sworn to perform their duties honestly and faithfully, and shall be instructed at least thirty day11 before the election. They shall be considered as officers of elections. Before the machines are prepared for any election, the supervisor shall mail written notice to the chairman of the county executive committee of the principal parties, or if the election be a municipal, bond or referendum election, or if there be no chairman of any county executive committee, to the chairman of at least two local organizations representing the opposing sides, stating the time and place where the machine will be prepared, at which time one representative of each political party is afforded an opportunity to see that the machines are in proper condition. The representatives are

405


sworn to faithfully perform their duties and are regarded as election officials but shall not interfere or assume any of the deputy custodians' duties. When the machine has been examined by such representatives it shall be sealed with a numbered seal. The representatives shall certify to the numbers of machines, that all counters are set at zero, and the number registered on the protective counter, if one is provided, and on the seal. After the preparation of the machines, an officer or someone authorized, other than the person who prepared them, shall inspect each machine and report in writing the fact whether the machines are in the proper order as set forth above; and the right of such inspection shall be accorded any candidate or his representatives authorized in writing. When a machine is properly prepared, it shall be locked against voting and sealed, and the keys delivered to the board of officials having charge of said election, together with a written report, stating that such machine is properly prepared for the election. The machine shall be transferred to the polling place, and it is the duty of the local authorities to provide protection against molestation or injury to it. The lantern or light fixture shall be in good order before the opening of the polls.

Those members of the board oJ elections who have not served regularly at each election in a precinct in which a voting machine is used shall attend meetings and receive such instructions from the deputy custodians concerning their duties as is necessary for the proper conduct of the election with the machine. The instruction shall be given not more than twentyone days prior to date of election and as near the election as practicable for all primary general elections. The deputy custodian shall, when giving the instruction, call as many meetings as necessary and within five days, file a report with the board or official in charge of elections stating that he has instructed the election officers, giving their names, time and place where the instructions were given. Each member shall receive a certificate from the deputy custodian certifying that he is qualified to properly conduct the election with the machine. The members shall be entitled to receive ten cents for every mile traveled of the estimated distance by the most usual route from their place of residence to the place of instruction, and like sum for returning.

Blatory.-ff10, 11, eh. 13893, 1929; COL 1938 Supp. 337(10) ,(11); f4, ch. 1M05, 1937; §1, ch. 24089, 1947; f11, eh. 25035, 1949 ; formerly J f 100.10 and 100.11 revised and renumbered by 11, ch. 28170, 18&1; §11, eh. 21934, 1988.

101.36 Voting machines; when used.- In counties having adopted voting machines, the machines shall be so arranged as to require individual voting for all offices. The order in which the ballot is arranged shall as nearly as practicable conform to the requirements of the form of the paper ballot. The voting machines shall be used by the counties in all general, primary and special elections. In

counties above two hundred sixty thousand population according to the latest federal census which have adopted the use of voting machines, it shall be mandatory for all municipalities in such counties to use such voting machines in all elections but in all counties of lesser population it shall be optional with each· municipality as to whether it shall use ballots or voting machines in its elections. Authority is hereby granted to the board of county commissioners of any county having adopted voting machines to permit municipalities within the county to use county-owned voting machines.

Blatory.-f12, ch. 1M05, 1837; COL 1140 Supp. 337(28a); f3B, eh. 22018, 19f3; fll.191 waa flrat compUed from f8, eh. 2UM, 19'8; repealed by §1, ch. 25051, 1949. Section number uaed again and was compiled from f5, ch. 25187, 1949; formerly 1 1 99.191, 100.30 and 100.43 revised and renumbered by fD, ch. 26870, 1951 ; §1, ch. 28101, 1953; §4, ch. 29937, 1955; §1, ch. 61-481. cf.-§228.11 When voting machines may be used In achool

elections.

101.37 Location of voting machines.-At all elections where voting machines are used, the arrangement of the polling room shall be as follows: The exterior of the voting machine and every part of the polling room shall be in plain view of the election officers; the voting machine shall be placed at least one foot from every wall or partition of the polling room and at least four feet from any table where any of the election officers may be engaged or seated. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by electors. The election officers shall not themselves be, or permit any other person to be in any position or near any position that will permit one to see or ascertain how an elector votes, or how he has voted. The election officer attending the machine shall inspect the face of the machine after each elector has cast his vote, to see that the ballots on the face of the machine are in proper places and that the machine has not been injured. During elections the door or othH covering of the counter compartment of the machine shall not be unlocked or open, or the counters exposed except for good and sufficient reasons, a statement of which shall be made and signed by the election officers and shall be sent with the returns.

Blstory.-J19, ch. 13893, 1929; COL 1938 Supp. 337(19); formerly §100.19, revised and renumbered by fD, ch. 28870, 1981.

101.38 Disposition of voting machine keys. -The keys of the machine shall be enclosed in an envelope supplied by the custodian on which shall be written the number of the machine, thP district and ward where it has been used, which envelope shall be securely sealed and endorsed by the election officers and returned to the officer from whom the keys were received. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys !.or voting machines shall be kept securely locked by officials having them in charge. It shall bP unlawful for any unauthorized person to have in his possession any key of any voting machine

406

VOTING; BALLOTS, VOTING MACH INES, ABSENTEE; PROCEDURE Ch. 101

and all election officers or persons entrusted with the keys for election purposes, or in the preparation of the machines, shall not retain them longer than necessary to use them for such purpose. All machines shall be boxed and stored in a suitable place as soon as possible after the election. .

Hiltor:r.-125, ch. 13893, 1929; COL 1936 Supp. 337(25); formerly f100.27, revised and renumbered by f5, ch. 26870, Ullil.

101.39 Voting machines, sealing curtains.Curtains on all voting machines shall be securely sealed or fastened before being used in any election so that the clearance lever can not be operated without opening or closing curtains. And no voting machine, while in use shall be concealed in any voting place, so as t~ hide or obscure the machine from public view.

matory.-§3C, ch. 22018, 1943 ; formerl:r §100.44, reviled and renumbered by §5, ch. 26870, 1951.

101.40 Voting machine out of order.-In case any voting machine used in any precinct shall, during the time the polls are open become injured, it is the duty of the ele~tion board to substitute a perfect machine, if possible, and at the close of the polls, the records of votes shown on the counters of both machines shall be added together in ascertaining the results of the election. If no other machine can be prepared for use at the election, and the one injured can not be repaired in time for use, unofficial ballots made as nearly as possible like the official ballots may be used, received by election officers and placed in receptacle in such case to be provided by said officers, and counted with votes registered on the voting machines, and the result shall be declared the same as though there had been no accident to the voting machine. The ballots thus voted shall be preserved and returned with a certificate or statement setting forth how and why same were voted.

Hillory.-§16, ch. 13893, 1929; COL 1936 Supp. 337(18); f8, oh. 111408, 11137; formerl:r f100.18, re'f1aed and renumbered by I&, ch. 26870, 11181.

101.41 Sample ballots.-(1) Where voting machines are used, two sample ballots must be furnished to each polling place by the officer whose duty it is to provide official ballots, arranged in the form of a diagram showing the official ballot on the voting machine as it will appear on election day. Sample ballots shall be open to inspection by all electors in any election and a sufficient number of reduced size of ballots may be furnished to election officials so that one may be given to any elector desiring same.

(2) Upon completion of the list of qualified candidates, the board of county commissioners shall publish in a newspaper of general circulation, in the county at least seven days before any primary, general or special election of whatever nature, a sample ballot form, or should the county have an addressograph or equivalent system for mailing to registered electors, a sample ballot may be mailed to each registered elector in lieu of publication at least seven days before any election.

Hiltor:r.-§8, ch. 13893, 1929; COL 1936 Bupp. 337(8); formerly f100.08, revised and renumbered by f5, ch. 26870, 1951; aub I (1) am. §27, ch. 28156, 1953; (2) by §9, ch. 57-166.

101.42 Official ballots; number; printing.(!) Official ballots of the form and description for use upon voting machines sqall be prepared and furnished in the same manner, at the same time, and are delivered to the super~ visors . Two sets of official ballots shall be provided for each polling place for each precinct, of which one set shall be inserted or placed in or upon the machine and the other retained in the custody of the board of elections, unless it shall become necessary during the election to make use of same upon or in said machine.

(2) All ballots for voting machines shall be printed on white paper of such size as will fill the ballot frames of the machine, in plain color type as large as the space will permit. Party nominations shall be arranged on each voting machine, either in columns or horizontal rows; the captions of the ballots on said machines so placed as to indicate to the elector what push knob, key, lever or other device is used or operated in order to vote for the candidates of his choice.

(3) If the official ballot is larger than the voting machine can accommodate, the officer whose duty it is to provide the official ballots may place the ballot upon more than one machine or place part of the ballot upon the voting machine to its reasonable capacity and the remainder upon paper ballots, provided that when possible, that portion of the ballot so placed upon additional machines or upon paper ballots shall consist of candidates who are unopposed, and when this is not possible all candidates for a particular office shall be placed upon one machine or upon one paper ballot, as the case may be. No opposed candidates for any federal or state office shall be placed upon such paper ballots. The board of county commissioners shall determine which county offices shall be placed upon such paper ballots.

Hiltor:r.-lf7, II, 13, ch. 13893, 11129; COL 11138 Bupp. 33T(T), (9 ), (13), formerly § § 100.07, 100.09, 100.13 reviled and renumbered by §5, ch. 26870, 1951; (3) n. by §1, ch. 69-2119.

101.43 Substitute ballot.-When voting machines are used and the required official ballots for a precinct are not delivered in time to be used on election day, or after delivery, are lost, destroyed or stolen, the clerk or other officials whose duty it is to provide ballots for use at such election, in lieu of the official ballots, shall have substitute ballots prepared, conforming as nearly as possible to the official ballots, and the board of election shall substitute these ballots to be used in the same manner as the official ballots would have been used at the election.

History.-§15, ch. 13893, 1929; COL 11138 Supp. 337(15); formerly § 100.15, revised and renumbered by 15, ch. 26870, 18lil.

101.44 Irregular ballots.-Ballots voted at a general election for .any person whose name does not appear on the machine as a qualified candidate for office are referred to as irregular ballots. Such irregular ballot shall be de-

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posited, written or affixed in or upon the receptacle or device provided on the machine for that purpose. An irregular ballot must be cast in its appropriate place on the machine, or it is void and not counted. Where an irregular ballot is cast it shall not be necessary to use the (X) mark.

Blstor;r.-§18, ch. 13893, 1929; CGL 1936 Supp. 337(18); formerly §100.18, revised and renumbered by §5, ch. 26870, 18111; am. §28, ch. 28156, 1953; §4, ch. 59-334.

101.45 Election board opening polls.-The board of election of each precinct shall attend the polling place one-half hour before the time set for opening of the polls and shall arrange the furniture, stationery and voting machines. The said boards shall, if not previously done, insert in their proper places on the machines the ballots containing the names of offices to be filled and the names of candidates nominated. The keys to the machines shall be delivered to the election officers at least one-half hour before opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the machine, the number of the seal and the number registered on the protective counter or device, as reported by the custodian. The said envelope shall not be opened until at least one member of the board from each of two political parties is present, and shall have examined the envelope to see that same has not been opened. Before opening the envelope, the election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, and see if they are the same as the number written on the envelope. If they are not the same, the custodian or an authorized person must be present when the machine is opened to re-examine such machine and certify that it is properly arranged. If the numbers are found to agree with those on the envelope, the election officer shall proceed to open the doors concealing the counters and each officer shall carefully examine every counter and see that it registers zero (000), and same is subject to the inspection of official watchers. The machine shall remain locked against voting until the polls are opened, and only electors are to operate same. If any counter is found not to register at zero (000), the board of election shall immediately notify the custodian, who shall adjust such counters at zero (000), but if it is impracticable for the custodian to arrive in time to adjust such counters, the election officers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room and it shall remain throughout election day. In filling out the statement of canvass, they shall subtract such number from the total then registered thereon.

·Blstor;r.-§17, ch. 13893, 1929; CGL 1936 Supp. 337(17); formerly §100.17, revised and renumbered by §5, eh. 26870, 1951.

101.46 Instruction to electors before election.-The authorities in charge of elections,

where voting machines are used. shall designate suitable and adequate times and places for giving instructions to electors who apply, and the machines shall contain a sample ballot showing the title of offices to be filled, and, so far as practicable, the names of candidates to be voted on at the next election. No voting machine which ' is to be assigned for use in an election shall be used for instn1r don after having been prepared and s~aled tor the election. During the public exhibition of any voting machine for any instruction, the counting mechanism shall be concealed but the doors may be temporarily opened when authorized by the board or official in charge of electiens.

Blstor;r.-§12, ch. 13893, 1929; CGL 1936 supp, 337(12); formerly §100.12, revised and renumbered by §5, ch. 26870, 1951 ..

101.47 Requirements before elector enters voting machine booth.-

(1) In all elections where voting machineto are used, every elector desiring to vote is required to identify himself to the clerk and inspectors of the election as a duly qualified elector at such election by signing his signature, in ink or indelible pencil, to an identification blank or slip, which is substantially the form provided by this code.

(2) It is the duty of the clerk or inspector to compare the signature with the signature of the elector upon the registration books, and if satisfied that the signature is the same, he then shall sign the slip in the place provided and the signing shall constitute an oath or affirmation of the fact stated by the clerk or inspector above his signature.

(3) · The board of county commiss10ners tJhall furnish and the supervisor shall supply sufficient containers for each precinct, each container to be securely sealed. Each container shall have a slot large enough to receive the identi~cation slips. Before the polls open, the clerk m the presence of all inspectors and the public, shall open the container and ascertain that it is empty, and while empty shall securely seal same and place a seal across the lid and body of the container leaving a slot open without breaking or removing the seal; and the clerk or inspectors shall sign their names upon the seal. Printed forms of seals shall be furnished with each container, containing a statement over the place for the signature that the container was opened, emptied, and sealed while empty before the polls were opened; 1.:he signing of the cer tificate shall constitute the clerk's or inspector's certificate to the facts.

(4) No person shall be admitted to a voting machine unless he presents to the clerk or inspector an identification slip as provided in subsections (1) and (2) of this section.

(5) Before the elector enters a v.Jting machine he shall deliver his identification slip duly signed to the clerk or inspector operating the machine, and the clerk or inspector shall also sign the slip and his signature shall constitute an oath or aff1rmati()n as to the printed fact& set forth above his signature, and then the


clerk or inspector shall deposit the slip through the slot in the locked or sealed container.

(6) The identification slip, when signed by any person as an elector and by the clerk or inspector comparing his signature and by the clerk or inspector admitting him to the voting machine and depositing slip in the container. shall be prima facie evidence that the person whose name appears therein as an elector was admitted to the voting machine and that he then and there voted.

(7) It is the duty of the clerk and inspectors to return all unused signature identification blanks to the supervisor immediately on the closing of the polls, and then seal the slot of the container with a seal signed by all the election officials in that precinct and the clerk shall deliver same to the supervisor.

(8) The identification slip shall be in the following form: No. ------------ -----------

SIGNATURE IDENTIFICATION SLIP -------------------------------- ELECT! 0 N

Held in ----------------------------------- County, Florida, on the ____________ day of _____________ A. D. 19 ___________ .

I affix my signature hereto in the place and at the time of voting for the purpose of identifying myself as a duly registered and qualified elector in this election.

(Signature of elector) I hereby certify that the foregoing signature

was signed in my presence during voting hours at this voting precinct and by me compared with that on the registration books and approved for voting in precinct No. ----------------·

(Signature of clerk or inspector) I hereby certify that I admitted the person

who signed this identification slip to the voting machine; that said elector was personally known to me, or told me that he signed it; and that the number of the voting machine is _________ _

(Signature of official operating machine)

(9) It shall be the duty of the board of county commissioners to prepare and send to the supervisor for delivery to each polling place the same number of signature identification slips

facie evidence that it was signed by the persons whose names are signed hereto and conclusive proof that any person who signed the certificate as clerk or inspector of election was duly appointed and qualified to act throughout the election and in the capacity indicated upon said certificate, unless the contrary is disclosed thereby.

(11) It shall be the duty of the supervisor to deliver the required number of identification slips, numbered in consecutive numerical order, to each precinct and to preserve for one year a record in his office showing the number of identification slips which he delivered to each precinct designating the precinct number and address and the numbers of slips so delivered. (Such as: Delivered to precinct number one, five hundred identification slips, numbered one to five hundred inclusive.)

(12) The identification slips and all other election materials required to be delivered to each precinct shall be delivered by enclosing and locking same in the voting machine; along with an itemized list with a receipt in the form: "I hereby certify that I have checked the items listed hereon and acknowledge receipt thereof," which receipt shall be signed by the clerk of the precinct and deposited in the container provided for identification slips.

(13) It shall be unlawful for any person, other than the printer while printing and delivering the slips to the board of county commissioners, the county commissioners and their agents engaged by them in delivering the slips to the supervisor and his agents in placing the slips in the voting machine for delivery to the voting precincts, the clerks and inspectors and qualified electors while acting inside of polling places during the election, to have in their possession any signature identification slip or other slip containing the same, or substantially the same wording as the signature identification slip; and it shall be unlawful for any person or official to deliver any official slip or other slip containing the same or substantially the same wording as the signature identification slip to any person other than as herein provided.

Rlstory.-§1, ch. 18407, 1937; CGL 1940 Supp. 337(28-c); §1, ch. 22018, 1943; §3, ch. 24089, 1947; formerly §100.34, revised and renumbered by §5, ch. 21!870; 1911; sub. § (5) am. 129, eh. 28156, 1953.

as there are qualified electors for such polling 101.48 Examination by election board of place. In preparing the slips the same shall be physically impaired electors.-numbered consecutively beginning with number (1) If an elector has been issued a special (1) and continued to such number as there are registration certificate under the provisions of qualified electors for each county. In preparing §97.061 but does not have it or a renewal therethe identification slips the appropriate informa- of on his person at the time he presents himself tion to designate the date, name of county and for voting, the clerk or one of the inspectors kind of election, to-wit: general, special or pri- shall place the person under oath and orally mary, shall be printed in at the appropriate examine him according to the form provided blank spaces appearing in the form. below, which form the clerk or inspector shall

(10) Any certificate signed by any clerk or fill out in his own handwriting and certify to in inspector of any election certifying to the result the space provided for his signature. The form of the election in or for any precinct is ad- is in lieu of identification slips and the elector missible in evidence in the trial of any cause, shall present the form to the clerk or inspector either civil or criminal, in any court in the operating the voting machine, which clerk or state, and when admitted shall constitute prima inspector shall also certify and sign the form,

.(09


and deposit same in the container for identification slips. This form shall be as follows:

I hereby certify that an applicant to vote stated that he could not write, whereupon I propounded the following questions to the applicant:

1. Hold up your right hand. Do you solemnly swear that the answers you give to these questions are true, so help you God? ----------------·

2. What is your name? • 3. Your age?---------· Your sex?_ ____ , 4. Your address? _ . 5. Your occupation? --- -----------------· 6. Your political party? ____ . 7. Why are you unable to write?--- ---· 8. Did you previously present yourself and

have your name ------- ----------entered on the registration books in time for this election? ------------·

9. Are you a duly qualified elector in this precinct? -- -------·

10. Are you physically able to cast your vote? -------------------· (If answer is "no", then ask: (a) Do you now request assistance in voting? ---------· (b) Why do you need such assistance 1 ------- --- ------------- ---------·)

I further certify that I correctly wrote in the answers as given by the applicant and compared the same with the information on the registration books opposite the name given by the applicant and found the applicant qualified to vote.

(Clerk or Inspector) I hereby certify that this form filled out and

signed by an · election official of this precinct was handed to me by the applicant who was personally known to me or who told me that his name and address was that shown on the form; and that I admitted the applicant to voting machine No.-- ----- ·

(Signature of official operating machine.) When assistance is given, election official or

person giving assistance must sign below:

(Note: It shall be unlawful to assist, or be in the compartment, while the curtain thereof is closed, with any elector unless such elector is blind, unable to read, or so physically incapacitated as to be unable to operate the machine and requests such assistance.)

I certify that I assisted this elector in voting at his request.

(Signature of clerk or inspector or person assisting elector to vote.)

(2) It shall be unlawful for any person to be in the voting booth with any elector while the curtain is closed, except as provided above. In such cases only the elector may upon request be assisted by two election officials that he may select or some other person of his own choice who has not previously so acted for any other person during the election. The officials giving the assistance shall first be required to sign the certificate last provided above.

(3) It shall be the duty of the board of

county commissioners to furnish a sufficient number of these forms to the supervisor who shall deliver a sufficient number thereof to each voting precinct along with other election paraphernalia.

Wdor:y.-§3, ch. 18407, 1937; CQL 11140 Bupp. 337(28e); f3, eh. 22018. 1943; formerly f 100.38, reviaed and renumbered by §5, ch. 26870, 1951; sub. f (1) am. §10, ch. 27991, 1953; §4, ch. 159-448. ef.-§97.061 Special registration certlflcate; electors requtrtng auistance.

§ 101.061 Assistance to blind and disabled electors In marking ballots.

101.49 Procedure of election officers where signatures differ.-(1) Whenever any clerk or inspector, upon a just comparison of the signature, shall doubt that the handwriting affixed to a signature identification slip of any elector who presents himself at the polls to vote, is the same as the signature of the elector affixed in the registration book, it shall become the duty of the clerk or inspector to deliver to the person an affidavit which shall be in substantially the following form: STATE OF FLORIDA, COUNTY OF---------------- ·

I do solemnly swear (or affirm) that my name is -------------------------------------------; that my occupation is that of - ------------------------------ ; that I am ___________ years old; that I was born in the State of ----------------------- ; County of ---------------------; that I personall:w made application for registration within the last two years and at such time signed my name in the registration book, and at said time I resided on ---------------------- Street, in the Town or City of --------------------------• County of ______ ___ ------------------• State of Florida; that I am a qualified elector of the county and state aforesaid and have not voted in this election.

(Signature of elector). Sworn to and subscribed before me this ______ _

day of _________ , A. D. 19 ___ ,

Clerk or inspector of election Precinct No. ______________ , County of __ _________ , ___ ,

(2) The person shall fill out, in his own handwriting, the form and make an affidavit to the facts stated in the filled-in form, such affidavit is then sworn to and subscribed before one of the inspectors or clerks of the election who is authorized t o administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to the voting machine to cast his vote, but if the person fails or refuses to make out or file such affidavit, then he shall not be permitted to vote.

Wstory.-§2, ch. 18407, 1937; CGL 1940 Bupp. 337(28-d); f2, ch. 22018, 1943; formerly §100.35, revised a.nd renumbered by f5, eh. 26870, 1951.

101.50 Election officers to preserve affidavits and identification slips.-All signature identification slips where voting machines are used shall be preserved by the clerk and inspectors of election, but in those instances where an affidavit has been made in addition to the identification slip, such affidavits and

410


slips bearing the signatures of the same persons are placed together in a separate envelope and kept separate from the remaining slips, but all such slips and affidavits preserved shall be returned to the 3upervisor whose duty it is to preserve them for at least one year, subject to inspection by any elector, and to deliver the same to any prosecuting officers of the county, upon demand, after taking his written receipt.

Biaior:y.-§5, ch. 18407, 1937; COL 1940 Supp. 337 (28-f); fl, ch. 22018, 1943; formerly §100.38, revised and renumbered by §5, ch. 26870, 1951.

101.51 To occupy booth alone; time allowed elector.-When the elector presents himself to vote, the election official shall ascertain whether his name is upon the register of electors, and if his name appears and no challenge interposes, or if interposed, be not sustained, one of the elect ion officials stationed at the entrance shall announce the name of the elector and permit him to enter through the entrance to the booth or compartment to cast his vote, allowing only one elector at a time to pass through to vote. No elector, while receiving, preparing and casting his ballot, shall occupy a booth or compartment longer than five minutes or be allowed to occupy a booth or compartment already occupied, nor to speak with anyone, except as provided by §§101.051 and 101.061, while in the polling place. If an elector requires longer than five minutes, then upon a sufficient reason he may be granted a longer period of time by the election officials in charge. After casting his vote, he shall at once leave the polling room by the exit opening, and shall not be permitted to re-enter on any pretext whatever. After the elector has voted, declined or failed to vote within five minutes, he shall immediately withdraw from the place and go beyond the prohibited distance. If he refuses to leave after the lapse of five minutes he shall be removed by the election officials.

Wsior:y.-f § 44, 45, ch. 4328, 1895; as 228, 229; ROB 273, 274 ; COL 329, 330, 1936 Supp. 337 (20); formerly f I 99.27, 09.21, and 100.20 revised and renumbered by f5, ch. 28870, 19111.

101.52 Assistance to blind and disabled electors in using voting machine and voting absentee.-

(1) Any elector applying to vote in any election who under the provisions of §97.061 has been issued a special registration certificate, upon the presentation of such certificate, or, if he does not have it or a renewal thereof and has submitted to the examination required by §101.-48, may request assistance of two inspectors of his choice or some other person of his own choice who has not previously so acted for any other person during the election to use the voting machine without suggestion or interference from the inspectors, but in all cases any elector before retiring to the compartment may have one of the clerks of the election to read over to him the title of the offices to be filled and the candidates therefor. After the elector requests the aid of the two inspectors, they shall retire to the compartment for the purpose of operating the voting machine for the candidates ac-

cording to the elector's choice. All electors after voting are required to withdraw immediately from the voting place.

(2) Any elector applying to cast an absentee ballot in the office of the supervisor of registration, in any election, who under the provisions of §97.061, has been issued a special registration certificate, upon presentation of such certificate, or, if he does not have it or a renewal thereof and has submitted to the examination required by §101.051, may request the assistance of some person of his own choice, who has riot previously assisted any other person during the election, in casting his absentee ballot. Provided, however, that no supervisor of registration, his deputies or members of his staff shall act in such capacity.

Wsior:y.-1 f 47, 48, ch. 4328, 1895; §3, ch. 4329, 1895; as 231, 232; ROB 2'76, 277; §22, ch. 13893, 1929; COL 332, 333; 1136 Supp. 337 (22) ; §5, ch. 26870, 1951 ; §5, ch. 59-446; §1, ch. 61-416.

101.53 Watchers at polls; voting machine voting.-All political parties and all individual candidates for office shall be permitted by the election officials to have one watcher for each candidate or political party in all polling places from the beginning to the conclusion of all elections. The watchers shall not be permitted to come closer to the officials' table or voting machines than is necessary to properly perform their function but are allowed within the polling room to watch and observe the conduct of electors and officials. The watchers are required to furnish their materials and necessities, and shall not obstruct the orderly conducting of any election. During the elections the officials shall call out the names of electors loud enough to be heard by the watchers. The authority the watchers are required to present to the officials is their appointment or designation by a candidate or if representing a political party, then the designation from the chairman of the executive committee or any vice-chairman or secretary or by a candidate or any deputies designated by him in written notice to the county supervisor of elections at least fourteen days in advance of any primary or election. Watchers have the right to challenge electors, but it shall be necessary for the watchers to state any reason for such challenge and no election official or officer shall interfere with the watchers in the orderly performance of their duties.

lllatory,-§30, ch. 22018, 1943; formerly §100.45, revised and renumbered by §5, ch. 26870, 1951; §20, ch. 29934, 1955; §1, ch. 61-365.

101.54 Tabulation of vote and proclamation of results, where voting machine used.-As soon as the polls are closed, the inspectors of election shall immediately lock and seal the voting machines against voting. The inspectors then shall sign a certificate stating that the machines have been locked against voting and sealed; the number of electors as shown on the public counters; the number on the seal; the number registered on the protective counter, if one is provided; and that the voting machines are closed and locked. The inspectors then shall

411


open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The clerk of the board of elections shall then read and announce in distinct tones the designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, and shall then read the votes recorded for each office on the irregular ballots. He shall also read and announce the vote on each constitutional amendment, proposition or other question. The results shall be announced four times by the following procedure. While the clerk is announcing the results, one inspector shall stand by his side and check the clerk's announcements. The vote as registered is entered on the tabulation, by two inspectors of opposite political faith, whenever practicable, but not including the clerk, in the same order on the space which has the same designating number and letter, after which the figures are verified by being called off from the counters of the machine by the inspector standing near the clerk. While the inspector is announcing the results, the clerk shall stand by his side and check the inspector's announcements. After the results are announced by the clerk and the inspector, they shall exchange positions with the two inspectors who are tabulating the results. The same procedure as used by the clerk and inspector shall again be followed by the two inspectors in announcing the results. The tabulation shall then be filled out, which shall show the total number of votes cast for each office, the number of votes cast for each candidate, as shown on his counter, and the number of votes for persons not nominated or elected. The counter· compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the board of elections. Any candidate or duly accredited watcher who may desire to be present shall be admitted to the polling place from the closing of the polls until count and tabulation are complete. The proclamation of the result of the votes cast shall be deliberately announced in a distinct voice by the clerk who shall read the name of each candidate, with the designating number and letter of his counter, and the vote registered on such counter; also the vote cast for and against each question submitted. During each proclamation ample opportunity is given to any person lawfully present to compare the results so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by the board, after which the doors of the voting machine shall be closed and locked. Before adjourning, the board shall, with the seal provided therefor, so seal the operating lever of the machines that the voting and counting mechanism will be prevented from operation. The same procedure shall be followed for each machine where more than one machine is used in any precinct, and a final proclamation

sealed package and properly endorsed, shall be filed with the original statement of returns. Thl:l inspector filing the returns shall deliver to the said board or officer from whom they were received, the keys of the voting machine, enclosed in a sealed envelope having endorsed thereon a certificate of the inspectors stating the number of the machine or machines, and the precinct where it has been used, the number on the seal and the number on the protective counter, if any. As each vote is read and announced, it shall be recorded on two statements by two other members of the board, and when completed compared with the numbers on the counters of the machine. If found correct, the result shall be announced by the clerk and the tabulation of votes, after being duly certified and sworn to, shall be filed as provided for filing election returns.

Blatory.-§23, ch. 13893, 1929; CGL 1936 Supp. 337 (23); 17, ch. 18405, 1937; formerly §100.23, revised and renumbered bJ ~ 5, ch. 26870, 1951.

101.55 Certificate of returns.-In precincts where voting machines are used, certificates of results shall be printed to conform with the type of machines used, on a form approved by the secretary of state. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the certificate of the result. The form of such certificate shall also provide for the entry of the total number of votes cast for each candidate and upon ea.ch question. Three ·of such certificates shall be made in each precinct of which one shall be sent to the supervisor of the county, another sent to the county judge, and another publicly posted at the polling place in which the precinct is situated.

llistory.-§8, ch. 18405, 1937; CGL 1g4o Supp. 337(23-a); formerly §100.24, revised and renumbered '>J §5, ch. 26870, 1951.

101.56 Locking machine and returning irregular ballots.-The election officers shall, as soon as the count is c.ompleted and ascertained, lock the counter compartment of the machine, and it shall so remain for a period not less than ten days, unless another election is held within three weeks, in which event the machine shall remain locked for five days, except in either event it may be opened by the canvassing board or by order of a court of competent jurisdiction. Whenever irregular ballots have been voted, the election officers shall return such ballots in a secured package endorsed "irregular ballots" and return and file such package with the original statement of the result of the election made by them. The package shall be filed for six months succeeding the election, and not opened or its contents examined during that time except by a judge of a court lawfully empowered to direct the package to be opened and examined. The package may be opened at the end of six months and the ballots disposed of at the discretion of the official or body having charge of them.

made to the total vote received by each candi- m.tor:r.-124. ch. 13893, 1929; caL 1936 Bupp. 337(241; 110, ch. 18405, 1937; 12, ch. 24089, 1947; §11, ch. 25035, 1949; formerlJ

date. Irregular ballots, enclosed in properly §100.25, revised and renumbered bJ §5, ch. 26870, 111111.

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101.57 Protest of election returns; inspection by canvassing board.-Whenever any elector believes that election returns are erroneous and fraudulent, he shall have a right to file ~ written protest against the canvass of such returns with the canvassing board specifying the precinct or precincts in which he believes such returns are erroneous or fraudulent. Such protest may be filed with the canvassing board up until the time the canvass has been completed and the totals of votes tabulated. Before canvassing such returns the canvassing board shall examine the counters on the machines in such precincts and find whether the r eturns correctly show the votes cast. If there be discrepancies between the returns and the counters of the machines, the counters of such machines shall be presumptively correct, and the votes shown by the counter shall be canvassed wherever there is a discrepancy between the returns and the vote shown by the counters. The rights of all parties in interest to appeal to the courts for protection against error or fraud are not annulled.

History.-§9, 18405, 1937; CGL 1940 Supp. 337(23-b); am. §7, ch. 22858, 1945; formerly §100.25, revised and renumbered by §5, ch. 26870, 1951; am. §30, ch. 28156, 1953; §24, ch. 57-1.

101.571 Form of protest of election returns. -The form of the "Protest of Election Returns" shall be as follows:

PROTEST OF ELECTION RETURNS --------------------------------------• FIori da ----------------------------------------' 19 5 --------

As provided in Section 101.57, Florida Stat-utes, as amended, I, ___________________ ----------------------------of ------------------------------------• Florida, being a quali-fied elector in Precinct No. _______________________________ _ of ------------------------------------ County, Florida, believe the election returns from Precinct No. -____________ _ in the -------------------------------- election of --------------------196 ________________ are erroneous and fraudulent.

I hereby protest against the canvass of such returns by the -------------------------------- Canvassing Board and request that said returns be investigated, examined, checked and corrected by said Canvassing Board. The basis for this protest is -----------------------------------------------------------

Signed Elector

Precinct No. ___________________ _

Witness to signature: -------------------------- County

Blstory.-comp. §31, Ch. 28158, 1953.

101.58 Investigating condition and operation of voting machines.-The secretary of state may, at any time he deems fit or upon the petition of five percent of the registered electors, appoint one or more deputies who shall investigate and examine the condition, custody and operation of voting machines in any county or municipality. The deputy shall supervise preparation of such machines for election, and it shall be unlawful for any person to obstruct the depJitY in the performance of his duty. He shall file with the secretary of state a certifi-

413

cate that he personally examined the voting machines and with such certificate fi1~ a report of his findings in the county or municipality in which the machines are situated and a copy of the certificate and report shall also be filed with the clerk of the circuit court of said county. The compensation of such deputies shall be fixed by the secretary of state and paid from the unappropriated portion of the state general revenue fund.

Blotorr.-§ 13, ch. 18405, 1937; CGL 1940 Bupp. 337 (28-b); formerly §100.31, revised and renumbered by 15, ch. 26870, 1951.

101.59 Striking names from registration books.-The supervisor shall strike from the registration books any name appearing thereon where he has evidence that the person registered illegally, however the person has a right to appear before the supervisor and establish the legality of his registration, in which event his name shall be restored to the books.

Blstorr.-§ § 13, 14, ch. 17899, 1937; CGL 1940 Supp. 369(5); formerly §100.41, revised and renumbered by §5, ch. 26870, 1951.

101.60 Election board to report violations of this code.-It shall be the duty of the clerk and inspectors to report any violation of this code to the proper prosecuting officers of the county. If ordered by a majority of the board at any precinct, any person presenting himself to vote may be arrested by any peace officer attending such precinct, for known violations of the election code.

Biotorr.-§4, ch. 18407, 1937; COL 1940 Bupp. 7476 (8); 14, ch. 22018, 1943; formerly §100.37, revised and renumbered by §5, ch. 26870, 1951.

101.61 Absent elector defined.-The term absent elector shall mean any registered and qualified elector who due to physical disability is unable without another's assistance to attend the polls, or who on account of the tenets of his religion cannot attend the polls on the day of a general, special or primary election or any qualified elector wherever he may be, except persons confined in prison or jail, so long as he will not be in the county of his residence during the hours the polls are open for voting on the day of an election. Such person may cast an absentee ballot upon compliance with the absent elector provisions of this code.

Blstory.-§1, ch. 7380, 1917; RGS 368; COL 429; former §101.01 repealed and ne'V section substituted by § 1, ch. 25385, 1949; formerly §101.01, revised and renumbered by §5, ch. 26870, 1951; § 1, ch. 59-213.

101.62 Absentee ballots; application; time; form.-Any elector who will be absent on the day of an election from his horne county, or who is physically incapable of appearing at the polling place, or who on account of the tenets of his religion cannot attend the polls on the day of a general, special or primary election, may make application to the supervisor or his deputies at any registration office maintained by the supervisor for the purpose of registering electors, either in person or by mail, at any time during the forty-five days preceding any election, but not later than 5 :00 p. rn. of the fifth day preceding such election, upon a blank to be furnished by the supervisor for the official ballot to be voted at such election.


The application blank shall be sent immediately, by mail, or delivered by hand, to the absent elector; provided however that the absent elector who, cannot attend the polls on the day of an election on account of the tenets of his religion must make application only in person and have application delivered only by hand. Such blank shall be in substantially the following form, signed by the applicant, and witnessed as herein required.

Application for absent elector's ballot. I, ----------------------------------• duly qualified and registered as a__________________________ elector

(party) of the_______________________ precinct of the county of __________________________________ , and State of Florida, and a _____________________________________ , not confined

(give occupation) to prison or jail, will b-:l unable to attend the polls in said county on the day for holding

(designate which election) because (check appropriate reason):

(1) 0 I am physically disabled and unable (without the assistance of another) to attend the polls on election day.

(2) 0 I will be absent from the county during the entire period the polls are open for voting on the day of election and cannot without manifest inconvenience vote in person.

(3) 0 I will be unable to attend the polls on election day because of the tenets of my religion.

I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _________________________________ _ on _________________________ Send "absent elec-tors' ballot" to me at ____________________________ _ post office, county, city address, if any __________ _ ----------------------- Home address of applicant-------------------------- Date ------

In witness whereof I have hereunto set my hand and seal this the ______ day oL ________ _

19 ----------· Signed and sealed in presence of (Two witnesses)

signature

address

signature

address _____________ _(SEAL)

Signature of absent elector Sworn to and subscribed before me My commission expires

___________________ (SEAL)

Notary Public or other officer authorized to administer oaths.

In primary elections, the supervisor of registration will supply the elector with the ballot of the party in which he is registered and no other.

History.-§2, ch. 7380, 1917; RGS 369; CGL 430; former §101.02 repealed and new section substituted by § 1, ch. 25385, 1949; formerly § 101.02, revised and renumbered by §5, ch. 26870, 1951; §32, ch. 28156, 1953; §21, ch. 29934, 1955; §2, ch. 59-213.

101.63 Absentee ballots; filing; record; publication. -Upon receipt of application for absentee ballot, filled out and signed, the supervisor shall file it in his office and enter the name and address of the applicant to which the ballot is to be sent, upon a list to be kept by the supervisor or clerk for that purpose, together with the date of receiving the application, the date of mailing or delivering the ballot to the elector, the date of receiving the ballot from the elector and such other information he may deem necessary. The names of all applicants for absentee ballots received by the supervisor during any week prior to an election shall be listed by precinct alphabetically and said list shall be posted at the courthouse or published once in a newspaper published in the county during the week following the receipt of such applications.

mstory.-§3, ch. 7380, 1917; RGS 370; CGL 431; former §101.03 repealed and new section substituted by §1, ch. 25385, 1949; formerly §101.03, revised a nd renumbered by §5, ch. 26870, 1951; §33, ch. 28156, 1953; §1, ch. 61-70.

101.64 Mailing absentee ballots; numbering; return envelopes; form.-The supervisor shall, after the printer delivers the ballots for a precinct in which applications from absent electors have been received, prepare the first numbered ballot for the first applicant, the second ballot for the second applicant, and so on. The supervisor shall initial both stubs No. 1 and No. 2 and enter the name of the elector in the place indicated for the elector to sign. If the applicant appears in person he shall sign stub No. 1 as if he were voting on election day. The supervisor shall then detach the ballot and stub No. 2 from No. 1 and forward by mail, postage prepaid or deliver personally, one of such ballots with stub No. 2 attached (or if there be more than one kind of ballot to be voted, then one of each kind) to each applicant from his county as shown by the list provided by §101.63, provided such applicant is properly registered. In counties under the permanent registration system or the system described in §98.041, where the supervisor maintains deputies in municipalities other than the county seat and such municipalities shall have a population in excess of ninety thousand blocks of numbered ballots shall be made available as required and as the supervisor may direct in order to comply with the provisions of §98.181; all ballots made available in municipalities where deputies are maintained shall be fully accounted for to the supervisor. But the supervisor or any deputy shall not receive applications for absent electors' ballots later than 5 :00 p.m. of the fifth day preceding any such election. In counting, the day of the election shall not be counted. The supervisor shall enclose with such ballot two envelopes, a plain white envelope into which the absent elector shall enclose and seal his marked ballot and then place the sealed white envelope, together with

414


detached stub No. 2 in the second envelope which is addressed to the supervisor and also bearing on the back side of this "return envelope" a certificate which shall be substantially in the following form:

ELECTOR'S CERTIFICATE I, ---------------------------------------• do solemnly swear, or affirm, that I am a resident of ------------------------precinct of --------------------------------- county or of the ----- ------------------ precinct or ward of the city of ---------------------------------- in the county of ---------------------------· State of Florida, and have been a resident of such county or city for six months and of this state for one year and am entitled to vote in such precinct; that I will not be in the county during the time the polls are open (or that I am too ill to come to the polls).

(Elector's Signature) Subscribed and sworn to before me this ------------day of ------------------------------ -----• A. D., ----------------

(Attesting Witness) (Official Title) (Address) (City and State) Notaries: USE NO SEAL (Postal Officers must

apply station cancellation stamp) The statement shall be so arranged that the

signature of the absent elector and the attesting witness shall be across the flap of the envelope. The absent elector and the attesting witness shall execute the said form on the envelope.

Hlstory.-§4, ch. 7380, 1917; RGS 371; CGL 432: former f101.04 repealed and new section substituted by f1, eh. 25385, 1949; formerly §101.04, revised and renumbered by Ill, ch. 26870, 1951; §34, ch. 28156, 1953; §22, ch . 29934, 1955; §1, ch. 61-369.

101.65 Instruction to absent electors.-(1) The supervisor shall enclose with each

ballot sent to an absent elector separate printed instructions furnished by them containing substantially the following: "Upon receipt of the enclosed ballot you will mark the same according to the instructions, then detach stub No. 2 bearing the initial of the supervisor from the ballot. Place only the marked ballot in the enclosed plain envelope and securely seal it, and then place stub No. 2 and sealed plain envelope in the second envelope addressed to the supervisor. The application blank properly filled out shall be mailed in a separate envelope from the ballot envelope. Fill out the "Elector's Certificate" on the back of the envelope, sign, and have the envelope signed by an attesting witness, place the necessary postage upon the envelope and deposit it in the post office or in some government receptacle provided for the deposit of mail, or deliver it personally to this office so that absent elector'R ballot will reach the supervisor of the county

in which your precinct is located not later than 5:00 p.m. of the day preceding the primary or general election.

(2) Any notary public, United States postmaster, assistant United States postmaster, United States postal supervisor, clerk in charge of a contract postal station or any officer having authority to administer an oath or take an acknowledgment may be an attesting witness.

If a postmaster, or assistant postmaster, or postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post offices. If one or the other officers named acts as attesting witness his signature on the elector's certificate, together with his title and address but no seal shall be required.

(3) Any affidavits made by an absent elector, who is in the armed forces, may be executed before a commissioned officer, warrant officer or non-commissioned officer not lower in grade than sergeant or its equivalent navy rating, or any person authorized to administer oaths.

Wotory,-fll, eh. 7380, 1917; RGS 372 i CGL 433 ; former 1101 .011 repealed and new section substituted by f1, ch. 21138!5, 1948; formerly t 101.05, revised and renumbered by f5, cb. 211170, 18b1 ; 136, ch. 28156, 1853; aub 1 (2) am. §23, c:h. 281134, 18116.

101.66 Absent elector's ballot; signing, sealing, mailing.-Upon the receipt of the absentee ballot and printed instructions as provided in §101.65, the absent elector shall, in secret, mark his ballot, follow the instructions enclosed with his ballot, place only the marked ballot in the plain envelope and return same to the supervisor of the county in which his precinct is located.

Wstory.-f7, ch. 7380, 1917; RGS 373; CGL t34; former §101.08 repealed and new section substituted by f1, ch. 25385, 111U; formerly § 101.06, revised and renumbered by f5, eh. 26871, 1951; am. f36, ch. 28156, 1953.

101.67 Safekeeping of mailed ballots; deadline for receiving absentee ballots.-The supervisor shall safely keep in his office any envelopes received containing marked ballots of absent electors, and he shall, before the canvassing of the election returns deliver the envelopes to the county canvassing board and his list kept regarding same. All marked absent electors' ballots to be counted must be received by the supervisor by 5 :00 p. m. of the day preceding any election; all ballots received thereafter shall be marked with the time and date of receipt, and filed in his office. No application for an absent elector's ballot shall be received or handed out to an elector unless there remains time for the ballot to be mailed to the supervisor by United States mail or personally voted in the office of the supervisor, or in the office of any deputy where ballots are available before the deadline for receiving said ballots.

Hlstory.-§2, ch. 11824, 1927; CGL 436; former 1101.07 repealed and new section subatltuted by §1, ch. 25385, 11411; formerly *101.07, revised and renumbered by §5, ch. 26870, 1951; §24, ch. 29934!, 1955; §24, ch. 57-1.

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101.68 Canvassing absent elector's ballot.(1) The supervisor of the county where the

absent elector resides shall receive the voted ballot and shall safely keep the ballot unopened in his office until the board of county canvassers canvasses the vote according to law. The canvassing board shall compare the information on the back of the envelope with the registration book to see that the elector is duly registered in the precinct, has not voted on election day and to determine the legality of the absent elector's ballot. If it is determined, by the canvassing board that any vote is illegal, then some member of the board shall, without opening the envelope, mark across the face of the envelope "rejected as illegal." The envelope and the ballot contained therein shall be preserved in the manner that official ballots voted are preserved.

(2) The board of county canvassers shall then open the covering envelope and record the ballot upon the poll book of the proper precinct in the same manner as clerks of elections record votes. The ballots for the entire county still in the plain sealed envelope shall be mixed up so as to make it impossible to determine which plain envelope come out of which signed envelope. The vote of all absent electors shall be added to the total of the poll for the county.

(3) The supervisor or the chairman of the canvassing board shall, after the board convenes, have custody of the absent electors' ballots until a final proclamation is made as to the total vote received by each candidate.

m.tor,..-111. Cb. 26870, 19111; 1ub. I (3) added b7 137, Cb. 28158. 1953.

cf.-f101.23 Record of electors Toted.

101.69 Voting in person; return of ballot; double voting.-The provision of this code shall not be construed to prohibit any absent elector, returning to his home county from voting in his precinct at any election notwithstanding that he may have made application for an absent elector's ballot and same may have been mailed to him; provided, that the elector has not voted the ballot and provided also that he returns the ballot if he received same to the election board in his precinct. The returned ballot shall be marked "canceled" by the board and placed in the regular box of other canceled ballots.

matorJ.-§1, ch. 22014, 1943; former §101.11 repealed and new section substituted by f1, ch. 25385, 1949: formerly 1101.11, revised and renumbered by f5, ch. 28870, 1951.

101.691 Armed services and federal personnel absentee voting.-The following persons shall be entitled to cast an absentee ballot in any primary, special, or general election held in their respective election districts or precincts, subject to the conditions hereinafter set forth in this section :

(1) Members of the armed forces while in the active service, their spouses, and dependents.

(2) Members of the merchant marine of the United States, their spouses and dependents.

(3) Civilian employees of the United States in all categories serving outside the territorial limits of the several states of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not the employee is subject to the civil-service laws and the classification act of 1949, and whether or not paid from funds appropriated by the congress.

( 4) Members of religious groups or welfare agencies assisting members of the armed forces, who are officially attached to and serving with the armed forces, and their spouses and dependents.

In order to cast an absentee ballot, the persons covered by this section must be otherwise eligible to vote.

m.tor,..-comp. f11, 2, ch. 2990f, 1111111.

101.692 Same; post card application for ballot or registration.-

(!) Upon receipt of a federal post card application for an absentee ballot, the supervisor of registration shall check the registration records to determine whether the applicant's registration is in order. If so, the absentee ballot shall be mailed as herein provided.

(2) If the applicant shall have previously registered and his registration has lapsed because of his failure to reregister or because of his failure to return a notice mailed to his address of record by the supervisor in compliance with the provisions of a permanent single registration law, then the supervisor shall send to the applicant, in the same envelope containing the absentee ballot, a blank form which shall be so conformed to the requirements of the registration law applicable in the county as to permit the reinstatement of the applicant's registration when it is properly filled out and returned to the supervisor.

(3) Upon the return of such blank form the supervisor shall properly reregister or reinstate the applicant's name in the registration books or records of the county and maintain on file, as the basis for such reinstatement, or reregistration the properly filled out form received from the applicant. Such reinstateme~s or reregistrations shall be permitted even though the registration books or records may have been closed in preparation for the impending election.

( 4) If the supervisor finds that the applicant has never registered in the county, then the supervisor shall send to the applicant, in the same envelope containing the absentee ballot, an application for absentee registration.

mstor,..-§3, ch. 29904, 1955; (4)a. by §2, ch. 59-217.

101.693 Same; application to be forwarded to supervisor.-The federal post card application; as provided for by any federal law, shall be accepted as an application for absentee registration and an absentee ballot when duly executed by one of the persons covered in §101.-691. If any application is sent to the secretary

416


of state or is directed to some other official, it shall be immediately forwarded to the supervisor of registration in the county of the applicant's residence if possible.

Wstor:r.-§4, ch. 29904, 1955; §3, ch. 59-217.

101.694 Same; mailing of ballots and registration applications; form.-

(1) Upon receipt of a duly executed federal post card application, as provided for by §101.693, the supervisor of registration shall mail to the applicant a ballot, if they are available for mailing. An application for reregistration shall also be sent if the applicant has been registered but has failed to re- · register. An application for absentee registration shall be sent if the applicant has never registered in the county, or if the applicant has been registered but has failed to reregister, an application for registration shall be sent. There shall also be included the necessary instructions for voting and returning the ballot and for executing and returning the application for reregistration or registration, and a return envelope pre-addressed to the supervisor of registration. Such ballots and instructions and other necessary materials for this section shall be available at least forty-five days prior to each election.

(2) There shall be printed across the face of each envelope in which a ballot is sent to a federal post card applicant, or is returned by such applicant to the supervisor, two parallel horizontal red bars, each on.e-quarter inch wide, extending from one side of the envelope to the other side, with an intervening space of one-quarter inch, the top bar to be one and one-quarter inches from the top of the envelope, and with the words "Official election balloting material-via air mail," or similar language, between the bars. There shall be printed in the upper right corner of each such envelope, in a box, the words "Free of U. S. postage, including air mail." All printing on the face of each such envelope shall be in red, and there shall be printed in red in the upper left corner of each ballot envelope an appropriate inscription or blanks for return address of sender. Otherwise the envelopes shall be the same as those used in sending ballots to, or receiving them from other absentee voters.

(3) The gummed flap of the envelope supplied for the return of the ballot shall be separated by a wax paper or other appropriate protective insert from the remaining balloting material and there shall be included an instruction sheet outlining a procedure to be followed by absentee voters, such as notation of the facts on the back of the envelope duly signed by the voter auo witnessmg officer, in instances of adhesion of \he balloting material.

( 4) Cognizanr.e shall be taken of the fact that absentee ballots and other materials such as instructions and envelopes are to be carried via air mail and to the maximum extent possible such ballots and materials should be reduced

in size and weight of paper. The same ballot shall be used, however, as is used by other absentee voters.

(5) The application for absentee registration shall be of the following form:

APPLICATION FOR ABSENTEE REGISTRATION

"I, . ..... ... . . .. . . .. .. . .. ..... . , being first duly sworn, on oath say that I am a citizen of the United States and eligible to become a legal voter in the State of Florida; that my legal residence is ........ . ........... .. Street (or Avenue) in the .... .. . ... . . election precinct, or the . . . . . . . . . . ward in the City (Town) of . . ..... . .... . . .. . .. . , County of . ... .... ... ; that I have not been and will not be able to register personally for the reason that ... ... . . .. ..... . . . . ... .. ...... ; that I am not a registered voter in any State; that I desire to be registered in such ....... ... ... precinct; that my full name is ... ... . ..... ..... .. ... . ; that I was born on . . . . . . at . . ... ..... .. ; that my color is . . . . ..... . ; that I am ...... feet . ... . . inches in height; that my occupation is .... . . .. . .... ... . .. . ; that my legal residence is and has been in the State of Florida for twelve months last past and of the County of ....... . for six months last past; that my party affilia-tion is ... .. . ..... . .... ; that I desire a reg-istration certificate be mailed to me at ... . ... . ... . . .. . . .. . .. ; and I do solemly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida, that I am twenty-one years of age, that I have been a resident of the State of Florida for one year and of the county for six months, and that I am qualified to vote under the Constitution and laws of the State of Florida."

(Signature) ... . ...... . ... ... .. . "Sworn to and subscribed to before me this

. . .. ... . day of .... ....... . . . , 19 . . . . . (Signature) . ............ . . .. ...... .

Title of person administering oath"

Wstor:r.-§5, ch. 29904, 1955; (1)a. by §4, (5)n, by §5, ch. 59-217.

101.695 Same; oaths administered by.-For the purposes of §§101.691-101.696 oaths may be administered and attested by any commissioned officer in the active service of the armed forces, or any member of the merchant marine of the United States designated for this purpose by the secretary of commerce, or ariy civilian official empowered by state or federal law to administer oaths.

Wstory.-comp. §6, ch. 29904, 1955.

101.696 Same; definitions.-(!) The term "members of the merchant

marine of the United States" means persons (other than members of the armed forces) employed as officers or members of crews of vessels documented under the laws of the Un~ted States, or of vessels owned by the United States, or of vessels of foreign-flag registry · under charter to or control of the United States, and

417


persons (other than members of the armed forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessel; but does not include persons so employed, or enrolled for such employment or for training for such employment, or

·· n:J.~intained for emergency relief service, on the Great Lakes or the inland waterways.

(2) The term "armed forces" shall be interpreted to mean and include the· army of the United States, navy, air force of the United

·.states, marine corps, coast guard, coast and · geodetic survey, and public health service, when on active duty.

(3) The term "dependent" means any person who is in fact a dependent. · Bb~orJ.--Comp. f7, ch. 2910'- 111111.

101.70 Any governmental agency or political subdivision may adopt any provisions of the absentee voting law.-Any municipality, school district or other governmental agency or political subdivision may by resolution or ordinance adopt this law as means of providing for absentee voting in any authorized election. In such event the words "city clerk" or other appropriate official is inserted wherever the word "supervisor" appears.

WdorJ.-§2, ch. 22014, 1943; former §101.12 repealed and new section substituted by §1, ch. 25385, 1941; formerl7 1101.12, revised and renumbered by §5, ch. 26870, 1951.

101.71 Polling place.(1) There is in each precinct in each county

one polling place, managed by a board of inspectors and clerk of election. The inspectors ·of election shall rail off and construct a space, in which to hold an election, with an opening at one end for entrance of the electors and an opening at the other for their exit. Only one elector shall be allowed to enter any polling place at a time, and no one except inspectors shall be allowed to speak to him while casting his vote, and no inspector shall speak to or interfere with the elector concerning his voting, 'otherwise than to perform his duties as such inspector.

(2) Notwithstanding the provisions of the above subsection and of §98.031, whenever the board of county commissioners of any county shall determine that the accommodations for }).olding any election at a polling place designated for any precinct in the county are inaderquate for the expeditious and efficient housing and handling of voting and voting paraphernalia, including voting machines where used, said board may by resolution, duly adopted not less than sixty days prior to the holding of such election, provide that the voting place for such 'precinct shall be moved f<t>r the purpose qf such 'election to another site in said precinct or, if such is not available, to another site in a contiguous precinct. If such action of the board shall result in the voting place for two or more J>recincts being located for the purposes o1 a~ election in one building, the voting places for

the several precincts involved shall be established and maintained separate and apart from each other in said building. When any board adopts the aforesaid resolution it . shall be required, not more than thirty days nor less than twenty days prior to the holding of any such election, to give notice of the change of th~ polling place for the precinct involved, with clear description of the voting place to which changed, in not less than two issues of a newspaper of general circulation published in said. county and to use such other advertising media as necessary to properly publicize said change. ma~orJ,-§22, ch. 3879, 1889; RS 176; §28, ch. 4328, 1895; 11.

ch. 4699, 1899; OS 208; ROB 252; COL 308; formerly 191.08, revised and renumbered by §5, ch. 26870, 1951. (2) N. by §1, ch. 57·385.

101.72 Booths.-The county commissioners of each county Cor in case of a municipal election, the mayor or other chief executive officer), where voting machines are not used, shall provide at each polling place, a room or covered enclosure. In such place or covered enclosure shall be provided booths or compartments, one booth or compartment for each hundred or fraction of hundred over fifty qualified electors registered for that election, and furnish each with a shelf or table for the convenience of electors preparing their ballots. Each booth or compartment shall be so arranged that it will be impossible for one elector in one compartment to see an elector in< another in the act: of marking his ballot and each voting table or shelf shall be kept supplied with .conveniences for marking the ballots. ·

:tpstorJ.-138, ch. 4328, 1895; f7, ch. 4329, 1895; OS 223; ROB 268; COL 324; formerly §99.22, revised and renumbered b7 f5, en. 26870, 1951. . •

101.73 Description of election districts and precincts.-Withiri ten days ·after there is any cha:Qge irt the division, number or boundaries of the election precincts, or of the location of the polling places, the county commissioners shall make in writing an accurate description of any new or ·altered election precincts, setting forth the boundary lines thereof, so as to designate accurately the limits of each precinct. They shall at the same time name, clearly define and describe in writing the polling place which they have established in each new or ·altered election precinct or in any precinct in which they may have changed the polling place. Such changes shall be recorded in the registry of deeds in the clerk of the circuit court's office for such county. Upon the recording of the changes, the county commissioners shall publish the change four times in some newspaper in the county, and if there is no n.ewspaper, they sha.ll post a plainly written or printed copy at the courthouse in a conspicuous place and also at three other places in each changed or altered district.

ms&orJ.-§10, ch. 3879, 1889; RS 164; fll, ch. 4328, 1896; OS 185, 186; ROB 229, 230; COL 282, 283; f7, ch. 25383, 1949; formerly 1 § 98.25 and 98.26, revised and renumbered by 15, ch. 26870, 1951.

cf.-§98.031 Registration districts, precincts; boundaries.

,.4is


101.74 Temporary change of polling places in case of epidemic.-In case of an epidemic existing in any city or town, at the time of holding any election, the county commissioners may establish at any safe and convenient point outside such infected locality, additional polling places for the electors in the infected pre-

cinct, in which the qualified electors shall be allowed to vote. The registration books belonging to the infected precinct shall be applicable to and are used at such polling places established.

BistorT.-§39, ch. 3879,1889; RS 193; f70, ch. 4328, 1115; a. 25• ; RGS 298; CGL 35•; formerly f99 .55, revtaed and renumbered by §5, ch. 28870, 1851.

':I

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Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

CHAPTER 102

CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

102.012 Inspectors and clerks to conduct elections. 102.021 Compensation of inspectors and clerks. 102.031 Election boards to maintain good order. 102.041 Voting procedure: powers of inspectors. 102.051 Filling vacancy of clerk or inspector. 102.061 Duties of election board; counting; closing

polls. 102.071 Tabulation of votes and proclamation of

results where ballots are used. 102.081 Deputy sheriff at each polling place.

102.012 Inspectors and clerks to conduct elections.-

( I) The board of county commissioners in each county, at least eleven days prior to the holding of any election, shall appoint two election inspection boards for each precinct in the county. Each election inspection board is composed of three inspectors and a clerk, all of whom must be registered qualified electors of the precinct in which they are appointed; and all of whom shall not belong to the same political party; provided that in any primary i.n which only one party has candidates appearing on the ballot all clerks and inspectors may be of that party. One of the boards shall conduct the voting, beginning at 7:00 a. m. and closing at 7 :00 p. m. at which time the second board shall come on and count the votes cast. The first board shall turn over to the second board all closed ballot boxes, registration books and other records of the election at the time the boards change. The second board shall continue counting until the count is complete or until 7:00 a. m. the next morning, and if the count is not completed, the first board that conducted the election shall again report for duty and complete the count. The second board shall turn over all ballots counted and not counted, all registration books and other records, and shall advise the first board what has transpired in tabulating the results of the election.

(2) In precincts of more than a thousand registered electors the board of county commissioners shall appoint additional election inspection boards necessary for the election on the recommendation of the supervisor.

(8) In precincts of Jess than three hundred registered electors it is not necessary to appoint two election inspection boards but one such board shall suffice.

(4) The board of county commissioners may, in any election, in their discretion and except in first primary elections, .appoint one election inspection board if they have reasons to believe that only· one is necessary.

(6) In precincts using voting machines there •hall be one election inspection board appointed plus an additional inspector for each machine in excess of one; provided, that the board of county commissioners may in their discretion appoint additional inspectors to those provided for in the first part of this sentence.

102.091 Duty of sheriff to watch for violations: appointment of special officers.

102.101 Sheriff and other officers not allowed in polling place.

102.111 Board of state canva&~ers. 102.121 State canvassing board to issue certificates. 102.131 False and fraudulent returns. 102.141 County canvassing board; duties. 102.151 County canvassing board to issue certit1-

cates: supervisor to give notice to secretary of state.

(6) The board of county commissioners may require the supervisor to divide alphabetically the registration books for each precinct as will best facilitate the holding of an election.

(7) The board of county commissioners shall publish the names of the inspectors and clerks once in a newspaper published in the county, at least eleven days before the election day. If there is no newspaper published in the county then the board of county commissioners shall have the names of the inspectors and the clerks posted in at least five conspicuous places in the county, at least eleven days prior to election day.

(8) Only electors who can read and write the English language shall be appointed to the election inspection board.

matory.-§20, ch. 3879, 1889; RS 174; f24, ch. 4328, 1885; fl, ch. 4537, 1897; GS 205; RGS 249; f1, eh. 8587, 1921; COL 305; §2, ch. 17898, 1937; §2, ch. 25384, 1949; formerly §99.03, revised and renumbered• by §6, ch. 26870, 1•61; sub 1 (6) am. §38, eh. 28156, 1953; sub § (1) am. §25, ch. 29934, 1955; (1), (7) by §10, ch. 57-166.

102.021 Compensation of inspectors and clerks.-Inspectors and clerks of any election and the deputy sheriff serving at the precincts shall be paid for their services by their respective boards of county commissioners, and the inspectors who deliver the returns to the county seat shall receive such sum as the board of county commissioners shall determine but in no event shall the sum exceed one dollar per hour and seven and one-half cents per mile each way while performing such services.

Hlstory.-§24, ch. 4328, 1895; §8, ch. 4537, tan; OS 206; ROB 250; COL 306; I I 1, 2, ch. 20448, 1941; f3, ch. 25384, 1849; formerly §99.04, revlaed and renumbered by fCI, eh. 28170, 1111.

102.031 Election boards to maintain good order.-The election boards shall possess full authority to maintain order at the polls and enforce obedience to their lawful commands during an election, and during the canvass and estimate of the votes.

HlltorJ.-§58, ch. 4328, 1895; OS 237; ROB 282; COL 338: formerly §99.38, revised and renumbered by §6, ch. 26870, 1951; § 1, ch. 59-212.

102.041 Voting procedure; powers of inspectors.-The powers of inspectors relating to voting procedure in general elections as provided in §101.22 shall govern the powers of the inspectors relating to voting procedure in primary elections.

Hlltory .-§42, ch. 6469, 1913; ROB 346, 5811; COL 403, 1175; ~3. ch. 17901, 1937; I'· eh. 25386, 1949; formerly 1102.41, ren.ed and renumbered bJ e. eh. 2«1870, 11151.

1420

CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102

102.051 Filling vacancy of clerk or inspector.-In case of absence or refusal to act of any inspector or clerk appointed by the board of county commissioners, the qualified electors present favoring the ticket which the absent inspector or clerk was chosen to represent, shall choose from among them an inspector or clerk, who together with those present, shall constitute a board of four. The inspector or clerk so chosen shall (if any be present), represent the same political party that the absent inspector or clerk would have represented, and the person chosen may act as inspector or clerk of the election at the precinct where he may be chosen. The inspectors and clerks shall each take and subscribe an oath or affirmation, which is written or printed, to the effect that they will perform the duties of inspectors or clerks of election according to law, and will endeavor to prevent all fraud, deceit or abuse in conducting the election. The oath may be taken before an officer authorized to administer oaths, or before either of the persons who are to act as inspectors, one of them to swear the others, and one of the others sworn thus in turn to administer the oath to him who has not been sworn. The oaths are returned with the poll list and the returns of the election to the supervisor. One of the inspectors shall be chosen by them as chairman of their board. In all questions that may arise before them, the decision of a majority of them shall decide the question.

ballots are then reshuffled and the process repeated until the total votes cast for each candidate for every office has been determined; and no other system of counting shall be used.

(3) Where voting machines are used the procedure and the tabulatin~ of reRnlt.R shall conform to the provisions of the law relating to voting machines.

Wstor:r.-§29, eh. 3879, 1889; RS 183; 180, ch. •&328, 1806; 08 241; ROB 285; COL 3U; §9, eh. 17898, 11137; 18, eh. 25384, 1141; formerly §99.42, revised and renumbered by 6, ch. 26870, llal.

102.071 Tabulation of votes and proclamation of results where ballots are used.-The election board shall post at the polls, for the benefit of the public, the results of the voting for each office or other item on the ballot as the count is completed. Upon completion of all counts in all races triplicate certificates of the results shall be drawn up, upon a form provided by the board of county commissioners, by the inspectors and clerk at each precinct, which shall contain the name of each person voted for, for each office, the number of votes cast for each person for such office, and if any question is submitted, the certificate shall also contain the number of votes cast for and against the question. The certificate shall be signed by the inspectors and clerk, and one of the certificates delivered without delay by one of the inspectors, securely sealed, to the supervisor for immediate publication; the duplicate copy of the certificate shall be delivered to the county judge; and the remaining copy

Histor:r.-§21, ch. 3879, 1889; RS 175; §25, ch. 4328, 1895; 19, shall be enclosed 1·n the ballot box together with ch. 4537, 1897; OS 207; ROS 251; COL 307; §7, ch. 22858, 1945; formerly §99.05, revised and renumbered by §6, ch. 26870, 1ll51. the oaths of inspectors and clerks. All the

102.061 Duties of election board; counting; ballot boxes, ballots, ballot stubs, memoranda closing polls.-At the close of the election at and papers of all kinds used in the election each precinct, the election inspection board that shall also be transmitted, sealed by the inconducted the election shall turn the ballot box, spectors, with the certificates of result of the registration books and other records over to the election to be filed in the supervisor's office. relieving board when more than one board is Registration books and the poll lists shall not conducting the election, which shall proceed to be placed ln the ballot boxes but returned to open the ballot box in presence of the public the supervisor. desiring to witness the canvass, count the ballots Blstor:r.-§30, ch. 3879, 1889; RS 184; §61, eh. 4328, 189&: sa.

ch. 4699, 1899; GS 242; ROS 286; COL 342; §9, ch. 26384, 1Uf; without adjournment or interruption until the §6, ch. 26329, 1949; formerly §99.43, revised and · renumbered count is completed, except for the necessary by §6, Ch. 26870, 1951; am. §39, eh. 28156, 1953.

interruption provided for in §102.012. The 102.081 Deputy sheriff at each polling place. ballots are first counted and if the number of -~he sheriff shall deputize a deputy sheriff ballots exceeds the number of persons voted, as for each precinct who must be present during may appear by the poll list kept by the clerk, the time the polls are open and until the elecand by the stubs detached by the inspectors, the tion is completed, who shall be subject to all ballots are replaced in the box and one of the lawful commands of the inspectors, and who inspectors shall publicly draw out and destroy shall maintain good order. The deputy m.<~.y unopened as many ballots as are equal to such summon a posse from among bystanders to :~i.d excess. If two or more ballots are found folded him when necessary to maintain peace ard together to present the appearance of a single order at the polls. ballot, they are laid aside until the count is Blstor:r.-§27, ch. 3879, 1889; RS 181; §58, ch. ·1328, 1895; as completed. and if. upon comparison of the count, 238: RGS 283; coL 339; formerly §99.39, revised and renumand the appearance of such ballots, a majority bered by §6, ch. 26870, 1951.

of the inspectors are of the opinion that the 102.091 Duty of sheriff to watch for violaballots were voted by one person such ballot tions; appointment of special officers.- The shall be destroyed. sheriff shall exercise strict vigilance in the

detection of any violations of the election laws (2) In counting the ballots the election in- and in apprehending the violators. The gover

spection board shall use either (a) the tally call nor may appoint special officers, when deemed system of counting; or (b) a system whereby necessary, to see that violators of the election the ballots are o-pened and placed in piles ac- laws are apprehended ~nd punished. cording to the candidate voted for, then the History.-§ 5 16, 18, ch. 6470, 1913: ROB 5931; coL 81115 ; form-number of ballot'l in each pile is counted. The erly §875.44, revised and renumbered by f8, ch. 26870, -111111.

421

Ch. 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

102.101 Sheriff and other officers not allowed in polling place.-No sheriff, deputy sheriff, policeman or other officer is allowed within the polling place unless summoned by a majority of the inspectors. On failure of any of said officers to comply with this provision, the inspectors or one of them shall make affidavit against such officer for his arrest.

JUa*orr.-118, ch. -6328, 188&; OB 239; ROB 2M; COL :UO; termerly f99.n, revlaed and renumbered bJ 18, ch. 28170, 1951.

102.111 Board of state canvassers.-Immediately after certification of any election by the county canvassing board, the results shall be forwarded to the secretary of state concerning the election of any state officer, member of the legislature or representative to congress. The secretary of state, comptroller and attorney general, or any two of them, together with an administrative officer of the executive department who may be designated by them, shall meet in the secretary of state's office after reasonable notice, and they shall be a board of state canvassers·, who shall canvass the returns of the election and determine and declare who has been elected for such office, or as such member. If the returns are not in by the seventh day at 5 o'clock P. M. following an election all missing counties are ignored and the results shown by the returns on the file are certified.

Bldory.-f36, ch. 3879, 1819; RB 1111; f86, ch. 4328, 11115; as 248; ROB 292; COL 348; formerlJ 199.49, revlaed and renumbered by 16, ch. 26870, 1951.

102.121 State canvassing board to issue certificates.-The board of state canvassers shall make and sign separate certificates of the result of the election for national and state officers which certificates shall be written and contain the total number of votes given for each person for each office and for each mem~e.r of the legislature and state senate. The certiftcates, the one including the result of the election for presidential electors and representatives to congress, and the other including the result of the election for state officers, members of the legislature and state senators, shall be recorded in the secretary of state's office in a book to be kept by him for that purpose. He shall have a certified copy of each certificate published once in one or more newspapers printed in Tallahassee.

Btdory.-f35, ch. 3879, 1889; RB 1111; 188, ch. t~8, 1DI; 08 250; ROB 294; COL 350; formerly 1911.51, revlaed and renumbered by §6, ch. 26870, 1951.

102.131 False and fraudulent returns.-If any returns shall appear to be irregular, false or fraudulent so that the state canvassing board is unable to determine the true vote for any officer or member, they shall so certify and shall not include the returns in their determination, canvass and declaration. The secretary of state shall file in his office all the returns, together with other documents and papers received by him or the board. The board shall canvass the returns for presidential electors and representatives to congress separately from

their canvass of returns for state officers or members of the legislature.

Bldorr.-§35, ch. 3879, 1888; RS 189; f66, ch. 4328, 18811; 08 249; RGS 293; CGL 349 ; formerly §99.50, revlaed and renum-bered by §6, ch. 26870, 1951. ·

102.141 County canvassing board; duties.(1) At the close of the polls, or as soon

thereafter as is practicable, but not later than the third day after any primary, general or other election, the county judge and supervisor with the assistance of the chairman or other members of the board of county commissioners shall meet in the supervisor's office. In case the county judge or . supervisor cannot act, another member of the board of county commissioners who is designated by the chairman of the board shall act in his place, and they shall constitute the county canvassing boards. They shall proceed publicly to canvass the absentee electors' votes as provided for in §101.68.

(2) On the third day after any election, or sooner if the returns are received, the county judge and supervisor with the assistance o! the chairman or other members of the board of county commissioners shall meet in the supervisor's office. In case the county judge or supervisor cannot act, another member of the board of county commissioners who is designated by the chairman of the board shall act in his place, and they shall constitute the county canvassing board. They shall proceed publicly to canvass the vote given each candidate and nominee as shown by the returns then on file in the office of the county judge and supervisor, and the absentee returns which have been previously publicly canvassed.

(3) The canvass, except absent electors' returns, shall be made entirely from the returns and certificates of the inspectors, as signed and filed by them with the county judge and supervisor, respectively, and the board of county canvassers shall not change the number of votes cast for the candidates or nominees respectively, in any polling place, as shown by the returns. All returns shall be made to the board on or before the third day after the election, and all returns of missing precincts shall be .ignored and the results as shown by the returns then on file certified.

( 4) The canvassing board may employ such clerical help to assist with the work of the board as they deem necessary, with one member of the board present at all times, until the canvass of the returns is completed. The clerical help shall be paid from the same fund as inspectors and other necessary election officials. mstorr.-§~6. ch. 6469, 1913; ROB 350; COL 40T; 111, ch.

13761, 1929 ; formerly §102.45, revised and renumbered by 18 ch. 26870, 1951; §1, ch. 57-104. '

102.151 County canvassing board to issue certificates; supervisor to give notice to secretary of state.-The county canvassing board shall make and sign triplicate certificates containing the total number of votes cast for each person nominated or elected, the names of pers~ns for whom such votes were cast and the

422

CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102

number of votes cast for each candidate or nominee. One of such certificates which relate to offices for which the candidates or nominees have been voted for in more than one county, shall be immediately transmitted to the secretary of state, another to the clerk of the circuit court and the third copy filed in the supervisor's office. The supervisor shall transmit to the secretary of state immediately after

' ' · . '· \ ·

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the county canvassing board has canvassed the returns of the election, a list containing the names of all county officers nominated or elected, the office for which each was nominated or elected, with their post office address in their respective counties.

W.tor:r.-§47, ch. 6468, 1913; RG8 301; COL <lOI; flJ, ch. 13781, 1928; §5, ch. 25388, 1848; formerq 1102.48, nl'18ecl IIDd r.aliiDbend b7 II, ch. 2111TI, lJIL

423

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES

CHAPTER 108

PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES AND MEMBERS

103.011 Electors of president and vice-president. 103.091 Minority political party. 103.021 Nomination for presidential electors. 103.101 Delegates and alternates to national con-103.031 Plurality of votes to !111 vacancy; proceed- vention; election of national commit-

ing 1n case of tie. teemen and committeewomen. 103.041 Presidential electors to receive certificate 103.102 Committeemen and committeewomen; ex-

. of election. penses. 103.051 Congress sets meeting dates of electors. 103.111 State and county executive committees. 103.061 Meeting of electors and filling of vacan- 103.121 Powers and duties of executive committees.

cies. 103.131 Political party omces deemed vacant 1n 103.071 Compensation of electors. certain cases. 103.081 Committees for each party; political ad-

vertising.

103.011 Electors of president and vice-president.-Electors of president and vice-president, known as presidential electors, are elected on the first Tuesday after the first Monday in Nc·f'ember, 1908, and on the same day thereafter every four years. Votes cast for the actual candidate for president or vice-president, whose names appear on the general election ballot, are counted as votes cast for the presidential electors of the party supporting such candidate. The secretary of state shall certify as elected the presidential electors of the party whose candidates for president and vice-president received the greatest number of votes.

Blotory.-1 f 2, 3, eh. 38711; 18811; R8 157; f4, ch. t328, 181111; f3, ch. 4537, 18117; G8 174; ROB 218; COL 253; §2, ch. 25383, 11411; formerly 198.07, rnloed and renumbered by f7, eh. 26870, 1Jii1.

103.021 Nomination for presidential electors.-Candidates for presidential electors are nominated in the following manner:

(1) The governor shall nominate the presidential electors of all political parties who have elected a president of the United States subsequent to January 1, 1900. He shall nominate the electors upon recommendation of the state executive committee of the political parties and shall nominate only persons · who are qualified electQrs and who have taken an oath that they will vote for the candidate of the party that they are nominated to represent. The governor shall certify to the secretary of state on or before September 1, in a presidential election year, the names of a number of persons for each political party, equal to the n'umber of senators and representatives which this state has in congress. They shall be nominated the electors from this state for president and vice-president of the United States.

(2) The names of the electors are not printed on the general election ballot, but the names of the actual candidates for president and vice-president for whom the electors will vote if elected are printed on the ballot in the order in which the party of which the candidate is a nominee polled the greatest number of votes for governor in the last general election.

(3) Minor political parties, which have not elected a president of the United States since January 1, 1900, may have the names of their candidates for president and vice-president

printed on the general election ballots provided a petition signed by seven thousand five hundred registered electors of Florida of which no more than one thousand shall come from any one county, and at least twenty-five shall come from each of thirty-four counties. A separate petition shall be submitted from at least thirtyfour counties. Said petition shall be submitted to the supervisor of registration of said county no later than August 15 in a presidential election year and the supervisor shall check the names and shall, on or before September 1 in a presidential election year, certify to the secretary of state, the number shown as registered electors of said county and said supervisor shall be paid by the person requesting the certification the sum of ten cents for each name checked. The supervisor shall then forward the petition, with his certificate attached, to the secretary of state who shall order the names of the candidates petitioned to be included on the ballot and to permit the required number of persons to be certified as electors in the case of major party candidates when the number of the petitioners complies with the number required on the petition.

( 4) When, for any reason a person nominated or elected a presidential elector, is unable to serve because .of death, incapacity, or otherwise, the governor may appoint a person to fi]) such vacancy who possesses the qualifications whereby he could have been nominated in the first instance. Such person shall file with the governor an oath that he will support the candidate for president and vice-president that the person who is unable to serve was committed to support.

lftotory.-f1, ch. 25143, 1949; formerly 1102.011. re'flaed &lid renumbered by §7, ch. 26870, 1951; (3)a. by §1, ch. 61-364.

103.031 Plurality of votes to fill vacancy; proceeding in case of tie.-If any more than the number of persons required to fill the vacancy as provided by §103.061 shall have the greateat and an equal number of votes, then the election of those having such equal and highest number of votes is determined by lot drawn by the governor in the presence of the electors attending; otherwise, they, to the number required, having the greatest number of votes, are con-sidered elected to fill the vacancy. ·

Wotory.-IU, ch. 71, 1847; R8 207; 08 2111 ; RQ8 31'7; COL :::i. formerly 1105.04, reyloed and renumbered by f7, ch. J817e,1

424

PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES Ch. 103

103.041 Presidential electors to receive certificate of election.-When any person is elected to the office of presidential elector or repre~entative in congress the governor shall make #JUt, sign and seal with the seal of the state, and transmit to such person a certificate of his -election.

Watory.-137, cb. 3879, 1889; R8 191; f88, cb. 4328, 1888; OB .252; ROB 296; COL 352; formerly §99.113, revised and renum'bered by §7, ch. 26870, 1951.

103.051 Congress sets meeting dates of electors.-The presidential electors shall, at 12 o'clock on the day which is directed by congress, meet at Tallahassee and perform the duties enjoined upon them by the constitution and laws -of the United States.

Blstory.-§6, cb. 71, 1847; R8 204; OS 288; ROB 384; COL ~::L formerly §105.01, revised and renumbered by §7, cb. 28870,

103.061 Meeting of electors and filling of vacancies.-Each presidential elector, shall, before the hour of 12 o'clock on the day preceding the day fixed by congress to elect a president .and vice-president, give notice to the governor that he is in Tallahassee, and ready to perform the duties of elector. The governor shall forthwith deliver to the electors present a certificate ·of the names of all the electors; and if on -examination thereof, it should be found that one ·or more electors are absent, and shall fail to :appear before 10 o'clock in the morning of the -day of election of president and vice-president, the electors present shall elect by ballot, in the 'Presence of the governor, a person or persons to fill such vacancy or vacancies as may have ·occurred thPough the nonattendance of one or more of the electors.

Wstory.-§3, ch. 71, 1847; R8 206; OS 290; ROB 386; COL -451; formerly §105.03, revised and renumbered by f7, cb. 28870, 1951.

cf.-§103.031 Pilling ncanclea.

103.071 Compensation of electors.-E a c h presidential elector attending as such in Tallahassee is entitled to receive ten dollars for each day's attendance, and ten cents for every mile of travel by the most usual route from his place of residence to Tallahassee, and like sum for returning. Such expenses shall be paid upon ap-proval of the governor. The amounts necessary to meet the requirements of this section shall be included in the legislative budget request of the governor. If the amounts appropriated for this purpose are insufficient the state budget ·commission may release the necessary amounts from the deficiency appropriation.

Hl•tnry.-f!2. ch. 71. 1847; RS 210 : OS 294. ROB 390; COL '455; §§7, ch. 26869, ch. 26870, 1951; §1, ch. 61-32.

103.081 Committees for each party; political advertising.-The following committees shall constitute the executive or managing committees of each political party, namely: a state executive committee and a county executive committee; provided, that nothing herein contained shall prevent a political party from electing or appointing other committees, in accordance with its practices. The state executive committee of each political party shall file with the secretary of state the name of the

political party it was elected to manage and the name and address of its chairman, vicechairman, secretary and treasurer. The county executive committee of each political party shall file with the clerk of the circuit court of its county the name of the political party it was elected to manage and the name and address of its chairman, vice-chairman, secretary and treasurer.

No person affiliated on the registration records with any political party, the name of which is so filed with the secretary of state or a clerk of the circuit court, in association with others, shall use such name or any abbreviated form thereof in political advertising in new!!papers, other publications, handbills, radio or television, in connection with any politiool activities in support of a candidate of any other party, unless such person shall firs1 obtain the written permission of the chairman of the state executive committee of the party with which such person is so affiliated.

No person, or group of persons, shall use the name of any political party, the name of which is so filed with the secretary of state or a clerk of circuit court in full or abbreviated form, in connection with any club, group, association or organization of any kind unless approval and permission has been given in written form by the advisory committee of the state executive committee of such party. Specifically excluded from this provision are organizations which are chartered by the national executive committee of the party concerned and county executive committees of such parties.

Blstory.-§6, cb. 64611, 1113; ROB 304; COL 380; formerly 1102.06, revised and renumbered by fT, cb. 36170, 1151; 126, oh. 29934, 1955; §1, ch. 57-202; third para. n. by §1, ch. 61-424.

103.091 Minority political party.-(1) A minority political party may provide

for the selection of its state executive committee in such manner as it deems proper.

(2) The state executive committee of minority political party may by resolution provide n method of election of national committeemen. national committeewomen and nomination of presidential electors if such party is entitled to a place on the ballot as otherwise provided for presidential electors, and may provide also for the election of delegates and alternates of national conventions.

History.-§ § 1-2A, ch. 22039, 1943; am. I § 1-3, cb. ~2671, 1945; formerly §102.71, revised and renumbered by f7, cb. 26870, 1951.

103.101 Delegates and alternates to national convention; election of national committeemen and committeewomen.-

(!) Each political party which had cast for its candidate for governor in the last. election more than ten per cent of the total vote cast for governor, or each political party with whom ten per cent of the total registered electors have registered by the first day of February in the year 1956 and every four years thereafter, shall elect on the fourth Tuesday in May in the year 1956 and every four years thereafter the delegates of said party to the national con- .

425

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITTEES

vention, one man and one woman from each congressional district and the remaining delegates which said party is entitled to have aa delegates to the national convention from the state-at-large, one-half men and one-half women. Petitions of delegates accompanied by individual qualification papers, filing fees and receipts for party assessments, may be filed at any time after noon of the first filing date, which shall be the same as for state offices in the year in which delegate elections are held.

(2) Names of candidates for delegates to the national convention, in number equal to the number of state-at-large delegates and the number of district delegates for at least half of the congressional districts in the state, shall be grouped under their respective designations upon a single nominating petition, which shall contain a statement indicating their collective preference choice for president of the United States, if any, or that they have no preference. No name of any candidate for delegate shall be filed in more than one group and no group shall contain more candidates than the total number oi delegates to be elected from both state-atlarge and all districts. The group filed first with the secretary of state shall occupy the left hand column of the ballot, beneath the name of the candidate for president that they have petitioned to support, followed by other groups in the order of filing. No more than one group in support of a single candidate for president may appear on the ballot. If two or more groups file petitions indicating a preference for the same candidate for president, he may choose the group that shall appear on the ballot. If the candidate does not choose one group, only the first group to file shall appear on the ballot. If two or more groups file with no preference for a candidate for president, all such groups shall appear on the ballot. No squares shall appear at left of the individual names in the groups, but a circle shall be placed at the head of each list for delegates-at-large and a cross placed therein shall vote for the delegates-atlarge and the two district delegates which said party is entitled to have as delegates to the national convention. If any state-at-large delegate group shall be elected in the state but its district delegate group shall be incomplete in any district for any reason, then such state-at-large delegate group shall, at its first organizing meeting, complete such district delegate group or groups for those districts in which such state-at-large delegate group shall have received a plurality of the vote cast. Members of any district delegate group so selected by a state-at-large delegate group shall be entitled to all the rights and privileges as delegates that would accrue to them if they had been elected in the election held for such delegates, and the secretary of state shall, within five days, be notified of their selection.

(3) Each group of candidates for delegate shall designate a member of the group from the

state-at-large to serve as organizing chairman, and shall so specify in filing its petition. The organizing chairman of each group shall be so identified on the ballot; and when the results of the election have become known, it shall be the duty of the elected organizing chairman to convene an organizing meeting of all of the elected delegates at an appropriate time and place prior to the national convention. The delegation 8hall then proceed to the election of a permanent delegation chairman for the duration of the national convention to which it is accredited. The organizing chairman shall be eligible to serve as permanent chairman if so elected.

(4) National committeemen and committeewomen of any political party authorized to have a primary under this section shall be elected the fourth Tuesday in May in the year 1956 and every four years thereafter. National committeemen and committeewomen elected in 1952 shall continue to serve until their terms of office expire under the rules of the respective national committees and the conventions of their respective parties, thereafter to be replaced by the national committeemen and committeewomen elected the fourth Tuesday in May in the year 1956 and every four years thereafter.

(5) Each delegate elected to the national convention on the fourth Tuesday in May in the year 1956 and every four years thereafter shall choose his or her alternate to the national convention, except that the national committeeman and national committeewoman elected the fourth Tuesday in May in the year 1956 and every four years thereafter shall be ex officio alternates to the state-at-large delegates who occup.y the last two positions on the ballot for state-at-large delegates, unless such national committeeman or committeewoman has been elected as a delegate.

( 6) The secretary of state shall certify to the board of county commissioners of each county in the order in which they appear on the petition in case of each delegate to be voted on by the electors of the whole state, and to the board of county commissioners of the counties composing a congressional district, in case of delegates to be voted for by the electors of the district containing one or more counties, the names of persons filed in each preference or no preference group of candidates. The ballot form as prescribed in §101.180 shall be used.

(7) Wherever an election is conducted for party delegates or officer the results of such election are determined by plurality vote. For state-at-large delegate, the state-wide vote shall be controlling; for district delegates, the vote in the particular district shall be controlling.

Blsiory.-§3, ch. 6469, 1913; RGS 301; CGL 3G7; If 1-3, ch. 22058, 1943; §1, ch. ~2729, 1945; §1, ch. 25235, 1941; formerly lf102.03 and 102.'12, reTiaed u4 renumbered by f'l, ch. 168'10, 1951; 51, cb. HD4f, uu.

103.102 Committeemen and committeewomen; expenses.-The state executive committee of any political party may defray the

426


expenses for per diem and mileage of the national committeeman and committeewoman of its party, incurred in connection with the official duties of such committeeman and committeewoman as members of the national committee of the party, on the same basis as such expenses of members of said state executive committee are defrayed by such committee for attendance at regularly called meetings.

Hlstory.--Comp. §1, ch. 57-81.

103.111 State and county executive committees.-

(1) The state executive committee of each political party shall consist of two members, a man and a woman for each county, who shall be elected for four years in the second primary elections held in the year 1958 and every four years thereafter. The members of the executive committee shall, within thirty days after their election, meet and organize by electing from their members a chairman and a vice-chairman, one of whom is a man and the other a woman, and a vice-chairman for each congressional district, and other such officers as each committee deems necessary. The outgoing chairman of the state executive committee shall, not less than ten days before the first meeting, notify each newly elected member of the time and place of the meetings.

(2) The county executive committee of each political party shall consist of two members, a man and a woman, from each precinct within the county, who shall be elected for four years at the second primary held in the year 1958, and every four years thereafter; provided that in precincts where any political party has an official registration of more than one thousand qualified electors an additional two members, a man and a woman, may, if desired, be authorized for each political party having more than one thousand registered electors in said precinct and their membership provided for as in other precincts; provided further that members of the county executive committee of each political party shall before taking office establish by written oath or affirmation that he supported and voted for all of the nominees of his political party at the last general election held prior to his taking office. The members of the committee shall, within thirty days after their election, meet at the county seat and organize by electing from among their members a chairman and a vice-chairman, one of whom shall be a man and the other a woman, and other officers as are necessary.

(3) In the event of no election of committeemen or committeewomen, or of a vacancy occurring from any other cause in any county executive committee, the chairman shall call a meeting of the county executive committee by due notice to all members and the vacancy shall be filled by a majority vote of the members of the county executive committee attending from among the members of the party residing in the precinct where the vacancy occurs. In the event

of no election or of a vacancy occurring from any other cause in the state executive committee, the executive committee, or a majority thereof, of the county so without representation, may fill the vacancy by the election of some person who is a member of the party in the county. Any officer or member of any of the committees may be removed and his or her office declared vacant upon a two-thirds vote of the entire membership of the committee at any regular meeting or at any special meeting, after ten days notice to the membership of the committee that a motion for that purpose will be considered at a special meeting. The removal may be for any cause which in the opinion of two-thirds of the membership of the committee warrants the removal of the member. Any vacancy so created is filled as provided above.

( 4) In the event of no election of precinct committeeman or committeewoman, or of a vacancy occurring from any other cause i~ any county executive committee, where such vacancy is not filled by the county executive committee as herein provided. the chairman of the state executive committee of such party may fill such vacancy by appointment, if, after giving sixty days notice of his or her intention to do so, to the chairman of the county executive committee by registered mail, such vacancy is not filled by the county executive committee.

(5) In the event of no election of county committeemen or committeewomen of a political party in any county the chairman of the state executive committee of such party may appoint a committeeman and a committeewoman in each precinct in said county from the members of the party residing in the precinct to which the appointment is made and all appointments so made shall constitute the county executive committee of such party until the next election in such county when a county executive committee shall be elected as herein provided.

(6) The members of the state executive committee from each congressional district under the vice-chairman from such district shall perform all duties usually handled by congressional district committees if authorized.

(7) A majority of the members of the state or county executive committee shall constitute a quorum.

(8) The clerks of the respective circuit courts shall be required to maintain a list of the elected members of county executive committees of recognized political parties and shall within thirty days after the primary election in which such members are elected, send a copy of said list to the chairman of the state executive committee of the political party to which said county committee member belongs. The chairmen of the county executive committees of recognized political parties shall furnish to the clerks of their respective circuit courts a list of the vacancies filled by appointment within thirty days after the appointment and shall like-

427

Ch. 103 PRESIDENTIAL ELECTORS; POLITICAL PARTIES; EXECUTIVE COMMITI'EES

wise send the names of said appointees to the chairman of the state executive committee of the political party to which said appointed executive committee members belong.

Blotery.-f7, ch. 84811, 1913; RG8 305; COL 381; f3, ch. 137111, 1929; fl, ch. 16984, 1135; f2, ch. 111663, 11139; t 1, ch. 20170, 1941; formerly f102.0T, r'!vlud and renumbered by fT, ch. 281170, 1851; flO, ch. 28158, 11153; 14. ch. 28935, 1955; (8) n. by fl, ch. 59-122 (2)a. by §1, ch. 61-374. cf.-§99.021, Form or candidate's oath.

103.121 Powers and duties of executive committees.-

(!) The state and county executive committees shall have the following powers and duties:

(a) to adopt a constitution by two-thirds vote, of the full committee,

(b) to adopt such by-laws as they may deem necessary by majority vote of the full committee,

(c) to conduct their meetings according to general accepted parliamentary practice,

(d) to make party ·nomination when required by law,

(e) to conduct campaigns for party nominees,

(f) to do anything that is considered by custom and practice as proper for party committees,

(g) to make assessment it requires of candidates for the purposes of meeting their expenses or maintaining their party organization, not later than twenty calendar days before the last filing date for state offices of each year in which a general election is held. No executive committee shall levy assessments to exceed two per cent of the annual salary of the office sought by any candidate.

Within five days the state executive committee shall deliver a certified copy of the assessments to the secretary of state. The county executive committee shall deliver its certified copy to the clerk of the board of county commissioners. The certified copies shall be filed by the secretary of state, and by the board of county commissioners. The county executive committee shall have exclusive power to levy and receive payment of assessments upon candidates to be voted for in a single county except state senators and members of the house of representatives and the state executive committees shall have exclusive power to levy all other assessments authorized. Upon payment by a candidate of his filing fee and committee assessment, he shall be entitled to a receipt from the officer with whom he qualified. If any executive committee shall fail to meet and levy party assessments before the expiration of the last

·day for levying assessments in a year in which a general election is held, then such assessments shall be two per cent.

(h) to appoint · from its own membership the necessary sub-committees,

(i) and to allow proxies, but each proxy shall reside in the same election precinct, in the case of a county executive committee, or in the same county in case of a state executive

committee, as the committeeman or committeewoman represented by the proxy.

(2) The state executive committee shall declare by resolution for the recommendation of candidates for presidential electors and deliver a certified copy thereof to the governor within the time required for filing sworn statements by candidates. .

(3) The state executive committee may declare by resolution for the nomination of candidates for the offices of president and vice president of the United States. Upon adoption of a resolution and upon service of a certified copy thereof upon the secretary of state within the time required for filing sworn statements by candidates as provided in subsection (1) of Section 99.061, the names of such candidates shall appear upon the official primary election ballot.

(4) The chairman and treasurer of an executive committee of any political party shall be accountable for the funds of such committee and jointly liable for their proper expenditure for authorized purposes only. The treasurer of the state executive committee of any political party shall furnish adequate bond, but not less than ten thousand dollars, conditioned in effect upon the faithful performance by such party officer of his duties and for his faithful accounting for party funds which shall come into his hands; and the treasurer of a county executive committee of a political party shall furnish adequate bond, but not less than five thousand dollars, conditioned as aforesaid. The funds of each such state executive committee shall be publicly audited at the end of each calendar year and a copy of such audit furnished the attorney general for his examination prior to April 1, of the ensuing year. Copies of such audit when filed with the attorney general shall become public documents. The treasurer of each county executive committee shall maintain adequate records evidencing receipt and disbursement of all party funds received by him, and such records are subject to inspection by any member of the party represented by the committee, and by the state attorney of the judicial circuit in which the executive committee is located.

Blstory.-f § 20, 21, 23, and 28, ch. 6488, 1913; ROS 324, 325, 327, 332 ; COL 381, 382, 384, 3811; §1, ch. 253811, 1949; fll, ch. 28329, 1949; formerly f § 102.27, 102.28, 102.30, and 102.35 revised and renumbered by f7, ch. 28870, 1951; alit. f41, ch. 28156, 1853; aub f (1) (h) am., aub f (4) comp., 12. ch. 281136, 11111.

Am. (4) by §1, ch. 57-743; (1) (e) r. by §1, ch. 61-157, subsequent para. renumbered.

103.131 Political party offices deemed vacant in certain cases.-Every political party office shall be deemed vacant in the following cases:

(1) By the death of the incumbent. (2) By his resignation. (3) By his removal. ( 4) By his ceasing to be an inhabitant of

the state, district or precinct for which he shall have been elected or appointed.

(5) By his refusal to accept the office.

428


(6) The conviction of the incumbent of any felony or by a majority vote of the members of the appropriate committee attending a meeting held after due notice has been given and at which a quorum is present, determines the incumbent to be guilty of an offense involving the violation of his oath of office.

(7) The decision of a competent tribunal

declaring void his election or appointment, and his removal by said tribunal.

(8) By his failure to attend, without good and sufficient reason, three consecutive meetings, regular or called, of the committee Qf which he is a member.

Wstory.- §1, ch. 59-68 ; (6) a . by §1, ch. 61-122.

429

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES

CHAPTER 104

ELECTION CODE; VIOLATIONS; PENALTIES

104.011 104.021 '1'04.031

104.041 104.051

104.061 104.071

104.081

104.091

104.101 104.11 104.12 104.13 104.14 104.15

104.16 104.17

104.18 104.181

104.19

104.20 104.21 104.22

104.23 104.24 104.25 104.26 104.27 104.271

False swearing. False certificate of nomination. False declaration to secure assistance in

preparing ballot. Fraud in connection with casting vote. Violations; neglect of duty; corrupt prac

tices. Corruptly influencing voting. Remuneration by candidate for services,

support, etc.; penalty. Threats of employers to control votes of

employees. Use of money for political purposes by cor-

poration prohibited. Failure to assist officers at polls. Neglect of duty by sheriff or other officer. Calling out militia on election day. Intermingling ballots. nlegal voting; bond election. Person knowing he is not qualified elector

voting at any election. Voting substitute ballot. Voting in person after casting absentee

ballot. Casting more than one vote at any election. Unlawful to vote if elector has voted in

other state or country within one year. Use of stickers, rubber stamps, etc., un-

lawfully. Ballot not to be seen, and other offenses. Changing electors' ballots. Stealing and destroying records, etc., of

election. Disclosing how elector votes. Penalty for assuming name. Betting on result of election. Penalty for destroying booth. Penalties for violation of t99.161. False, willful or malicious charges against opposing candidates; penalty.

104.011 False swearing.-Whoever is found guilty of wilful and corrupt swearing or affirming or wilfully and f raudulently subscribes any oath or a ffirmation, or wilfully and corruptly procures another person t o swear or affirm falsely, or subscribes an oath or affirmation in connection with or arising out of vot ing, registration or elections sha ll, upon conviction, be guilty of a felony.

BJstory.-§1, sub. ch. 12, ch. 1637, 1868; RS 2786, 06 3828; ROB 5891; §15, ch. 14715, 1931; COL 8154; COL 1936 Bupp. 1202(6); formerly § § 103.15 and 875.14 revised and renumbered by §8, ch. 26870, 1951.

104.021 False certificate of nomination.Any person who shall falsely or fraudulently make a certificate of nomination or any part thereof, or file any certificate of nomination, knowing the same or any part thereof to be false or suppress any nomination which has been duly filed or any part thereof, shall, upon conviction, be guilty of a felony.

Bistory.-§31, ch. 4328, 1895; 06 3823; ROB 5884; COL 8147; formerly §875.09, revised and renumbered by §8, ch. 268'10. 1951.

104.031 False declaration to secure assist· ance in preparing ba11ot.-Any person who makes a false declaration for assistance in the

104.27~

104.28

104.29

104.30

104.31

104.32

104.33

104.34

104.35

104.36

104.37

104.371 104.372 104.38

104.381

104.39 104.40 104.41 104.42

104.43 104.44 104.45 104.451

104.46

Mishandling of funds by omcers of state executive committees.

Violating provisions covering eXPenditures of candidates.

Inspectors refusing to allow watchers while ballots are counted.

Voting machine; unlawful possession; tampering with.

Political activities of state, county and mu..· nicipal omcers and employees.

Supervisor of registration; delivery a! books to successor.

Precinct registration officer; delivery ot books.

Circulating charges against any candidate; requirements.

Distribution of literature against a candidate on election day.

Distribution of literature, etc., near polling places.

Political literature, circulated prior to elec-tion; requirements.

Political advertisement defined. Rates for publication or broadcasting. Newspaper assailing candidate in an elec-

tion; space for reply. Sale of alcoholic beverages prohibited: time

prohibited. Witnesses as to violations. Felony penalty. Violations not otherwise provided for. Fraudulent registration and illegal voting;

investigation. Grand juries; special investigation. Conflicting laws repealed. Municipality may adopt state election laws. Municipal elections; change of dates for

cause. Pamphlet and manual prepared of the

election code.

preparation of his ba llot in any election shall, upon conviction, be guilty of a fe lony.

History.-§49, ch. 4328, 1895; OS 3829 ; ROS 5892; COL 8156; formerly §99.31, r evised and r enumbered by §8, ch. 26870, 1951.

104.041 Fraud in connection with casting vote.-Any person perpetrating or attempting to perpetrate or a id in the perpetration of any fraud in connection with any vote cast or to be cast, or attempted to be cast, shall, upon conviction, be guilty of a felony.

Hlstory.-§4, ch. 22014, 1943; former §101.14 repealed a.nd new section substituted by f 1, ch. 25385, 1949; formerly f101.lol, revised and renumbered by §8, ch. 26870, 1951.

104.051 Violations; neglect of duty; corrupt practices.-

( I) Any person, including clerks, inspectors, and other officials, who shall wilfully and fraudulently violate any of the provisions of this election code shall be subject to immediate arrest and exclusion from the polls, and replaced by other election officials, as provided by §102.051.

(2) Any election official or any other official who wilfully and with bad motive refuses or neglects to perform his duties as prescribed by this election code shall, upon con-

430

ELECTION CODE; VIOLATIONS, PENALTIES Ch. 104

viction, be guilty of a misdemeanor. (3) Any election official or other official

who performs his duty as prescribed by this election code fraudulently and corruptly sl1all, upon conviction, be guilty of a felony.

( 4) Any persons who are appointed to conduct the election of electors of president and vice-president of the United States shall, for neglect of duty or improper conduct, be liable to the same penalties as other election officials in similar circumstances.

(5) Any supervisors, deputy supervisors or any employee who shall attempt to influence or interfere with any elector voting an absentee ballot shall, upon conviction, be guilty of a misdemeanor.

(6) No provision of this section shall preclude punishment for a greater offense if such offense is stated in other parts of the election code.

Hlotory.-f7, ch. 71, 18<17; 1 f 17, 30, 57, and 62, cb. <1328, 1895; §10, ch. 4537, 1897; §3, cb. 4699, 1899; §17, ch. 5929, 1900; f16, ch. 14715, 1931; §<i, ch. 1M07, 1937; RS 205; as 215, 269, 3819, 3824, and 3825; RGS 259, 385, 5880, 5885, 5886, and 5888; COL 315, <1&0, 8143, 8148, 8149, 8151, 1936 Supp. 8151(1), 19<10 Supp. 7476(8); § f 3E, 4, 7, 8, cb. 22018, 1943; formerly 1 1 99.13, 100.37, 100.46, 100.<17, 103.16, 105.02, 875.08, 875.10, 871.11 revised and renumbered by f8, ch. 26179, 1951; aub. 1 (5) am. f42, ch. 28156, 1953.

104.061 Corruptly influencing voting.-(1) Whoever by bribery, menace, threat or

other corruption whatsoever, either directly or indirectly, attempts to influence or deceive any eleator in giving his vote or ballot or preparing the same, or to deter him from giving the same, or disturbs or interferes with him in the free exercise of the right of suffrage at any election shall, upon conviction, be guilty of a misdemeanor on the first conviction and a felony on the second conviction.

(2) Any person or candidate who shall give, lend, solicit, request, demand or receive, directly or indirectly, any money, intoxicating liquor, or any other thing of value of whatever nature whatsoever, or the promise thereof, either to influence a vote or under pretense of being used to procure the vote of any other person, or to be used in any poll or other place prior to or on the day of any election for or against any candidate for office or as pay for services or reimbursement for loss of time, or for expenses as a consideration for his promising to vote, working for, electioneering for or making public speeches for or against any candidate seeking nomination, shall, upon conviction, be guilty of a misdemeanor on the first conviction, and of a felony on the second conviction.

No person in the furtherance of or in opposition to the candidacy of any person for nomination or election in any election shall give or promise to give, pay, loan, expend or contribute any money or other thing of value for any proposition whatsoever; provided personal services and personal traveling expenses may be contributed, and provided further that campaign contributions may be made to a candidate direct or to his campaign manager by other than a corporation to be expended only as authorized by law. Any person who violates the provisions of this subsection shall, upon first

conviction, be guilty of a misdemeanor and upon second conviction guilty of a felony.

motory.-f3, sub. ch. 12, cb. 1637, 1868; f50, ch. <1328, lUll; RS 2783; as 38U, 3826; 1111, ch. 6929, 1909; 1 11. 3, 6, 7, a. ch. 6<170; 1913; ROB 5874, 5889, 5908, 5918, 5921, 5922, 119~; COL 8137, 8152, 8172, 8182, 8185, 8188, 8187; §1, cb. 195171 1939; § 1, ch. 20934, 1941 ; §7, ch. 22858, 19<15; formerly 102.61, 875.01, 875.12, 875.27, 875.34, 875.35, 875.36 revised and renumbered b;r I 8, ch. 26870, 1951.

104.071 Remuneration by candidate for services, support, etc.; penalty.-It is unlawful for any person or candidate who shall, in order to aid or promote his nomination in any election, directly or indirectly, himself or by or through any other person to:

(1) promise to appoint another person, promise to secure or aid in securing appointment, nomination or election of another person to any public or private position, or to any position of honor, trust or emolument, except one who has publicly announced or defined what his choice or purpose in relation to any election in which he may be called to take part, if elected, or

(2) give or promise to give, pay, loan any money or other thing of value to the owner, editor, publisher or agent of any newspaper or other periodical as compensation or reward for, or to induce him to advocate or oppose, through the columns of his paper, any candidate for nomination in any election, and no such owner, editor, publisher or agent shall give, solicit or accept such payment or reward, or

(3) give, pay, expend or contribute any money or thing of value for the furtherance of the candidacy of any other candidate, or

( 4) furnish, give or deliver to another person any money or other thing of value, to be used by another person for any purpose prohibited by the election laws.

Any candidate found guilty of a violation of any provisions of this section shall be punished for a misdemeanor and from and after his conviction be disqualified to hold the office or position to which he aspires for the term affected. If at the time of conviction such person who was a candidate is serving in the position or office to which he aspired, his conviction is cause for removal or impeachment.

Hlstory.-f60, ch. 8<169, 1913; I f G, 6, 11, 14, 15, cb. 8f.TO, 1913; RGS 5916, 5920, 5921, 5926, 59!9, 5930; COL 8180, 811K. 8185, 8190, 8193, 8194; 1 1 &75.31, 875.33, 875.34, 875.39, 871.42 and 875.43 revised and renumbered by §8, ch. 26870, 1951.

104.081 Threats of employers to control votes of employees.-It shall be unlawful for any person, firm, company, association or corporation having one or more persons in their service as employees to discharge or threaten to discharge any employee in their service for voting or not voting in any election, state, county or municipal, for any candidate or measure submitted to a vote of the people. Any persons violating the provisions of this section shall, on conviction, be guilty of a misdemeanor. Any firm, company, association or corporation violating the provisions of this section shall be fined not more than one thousand dollars in addition to the penalty of being pun-

431

Ch. 104 ELECTION CODE; VIOLATIONS;....;P;_;E;;;,;N;.;.A~LT.;.;;;:IE;;;;S;;__ ______ _

iehed for a misdemeanor, which shall be personally applied to each official or agent who actually participated.

Blotory.-f f 1, 2, 3, eh. 6018, 1901 ; as 3839, 3840; RG8 N01, 8901; COL 8165, 8166; formerly 1 1 875.22 and 87&.23 reTUed and renumbered by §8, eh. 28870, 1951.

104.091 Use of money for political purposes by corporation prohibited.-No corporation whatsoever shall pay or agree to pay or contribute or consent to contribute, directly or indirectly, any money, property or other thing of value to any political party, organization, committee or individual for any political purpose whatsoever, or for the purpose of influencing registration of any kind, or to promote or defeat the candidacy of any person for nomination, appointment or election to any political office.

Any officer, employee, agent or attorney, or other representative of any corporation acting for and on behalf of such corporation, who shall violate this section shall, upon conviction, be guilty of a felony, and the corporation, if a domestic corporation, shall be automatically dissolved, and if a foreign co1·poration its rights to do business in this state shall be automatically revoked.

Any person who shall aid, abet or advise the violation of this section shall be punished in like manner as the principal offender. Violations of this section shall be prosecuted in the county where such payment or contribution is made.

Bldory.-f f 1, 2, 4, 6, eh. 4538, 1897; OS 3838, 3837, 3838; ROB 5898, 5899, 5900 ; COL 8162, 8183, 8164; formerly f I 876.19, 176.20 and 875.21 revised and renumbered by f8, ch. 26810, 1951.

NOTE: Sectlona 875.19, 875.20 and 175.21, from which thla aectlon was derlnd, Ia expressly not repealed by Chapter 28819 ftU61, 1951.

104.101 Failure to assist officers at polls.Any person summoned by the sheriff or deputy sheriff who shall fail or refuse to assist him in maintaining the peace at the polls shall, upon conviction, be guilty of a misdemeanor.

Blatory.-f27, eh. 3879, 1889; RS 181; 158, ch. 4328, 1895; as 3834; ROS 5896 ; COL 8180; formerly 199.40, rnllled and renumbered by §8, ch. 26870, 1951.

104.11 Neglect of duty by sheriff or other officer.-Any sheriff, deputy sheriff or other officer who shall wilfully neglect or refuse to perform his duties relating to elections shall, upon conviction, be guilty of a misdemeanor.

Bls&ory.-§52, ch. 4328, 1895; as 3811; ROS 5879; COL 1142; formerly §875.07, revised and renumbered by f8, ch. 28170, 1961.

104.12 Calling out militia on election day.Any officer or other person who snail call out or order out the militia of this state to appear and exercise on any day during an election, except in cases of invasion or insurrection, or except in obedience to some civil magistrate to suppress riots, or t o enforce law, he shall, upon conviction, be guilty of a misdemeanor.

Blstory.-§4, sub-eh . 12, eh. 1837, 1868; RS 2712; as 3817; ROI!I 5878; COL sat ; formerly f875.oe, revllled and renumbered by f8, ch. 26870, 1951.

104.13 Intermingling ballots. - Whoever places any ballot in the ballot box except as properly voted by electors, or wilfully intermingles any other ballots which have not been

duly received during the election with the ballots which are voted by the electors shall, upon conviction, be guilty of a misdemeanor.

BJ.tery.-§7. sub-ch. 12, ch. 1837, 1188; RS 2785; as 382'1; Ras 5890; COL 8153; formerly 18711.13, rsvllled and renumbered b7 f8, ch. 28870, 1951.

104.14 Illegal voting; bond election.-It i11 unlawful for any person to vote or participate in any county, district, or other bond election, who is not a freeholder and a qualified elector. Any person violating this section shall, upon conviction, be guilty of a misdemeanor.

Blalory.-11. ch. 9294, 1923; COL 250; formerly 191.03, rsTUed and renumbered by IS. ch. 26870, 1951.

104.15 Person knowing he is not qualified elector voting at any election.-Whoever, knowing bP. i!l not a qualified elector, wilfully vote11 at any election shall, upon conviction, be guilty of a misdemeanor.

Dls&ory.-§1, ch. 3278, 1881; RS 2787; as 3830; 114, ch. N2t, 1909; ROB 5893, 5907; COL 8157, 1171; f f1, 4, ch. 28365, 1t49; formerly 1 § 875.26 and 875.15 re-vlaed and renumbered by fl, ch. 26870, 1951.

104.16 Voting substitute ballot.-Any elector who votes or attempts to vote a substitute ballot shall, upon conviction, be guilty of a misdemeanor.

BlotorJ.-§38, ch. •328, 1895; OS 221; 142, ch. 8469, 1913; RG8 286, 346, 5911; COL 322, 403; 81711; Ill, ch. 17898, 1937; f3, eh. 17901, 1937; f6, ch. 25187, 1949; 14, ch. 2&388, 1949; formerly 1 f 99 .20 and 102.41 revised and renumbered by 18, ch. 28870, 1951.

104.17 Voting in person after casting absentee ballot.-Any person who shall vote or attempt to vote both in person and by absentee ballot shall, upon conviction, be guilty of a misdemeanor.

Blatory.-§1, ch. 22014, 1943; former 1101.11 repealed and new section substituted by 11. ch. 25385, 1949; formerly 1101.11, revised and renumbered by §8, ch. 28870, 19111.

104.18 Casting more than one vote at any election.-Whoever casts more than one vote at any election shall, upon conviction, be guilty of a misdemeanor.

Dlstory.-§6, aub-ch. 12, eh. 1637, 1868; fl , ch. 3278. 1881 ; as 2787, 2788; as 3830, 3831; f56, eh. 8489, 1913; RGS 8893, 5894; 5912 ; COL 8157, 8158, 8176; I 11, 2, 3, ch. 28385, 1949 ; formerly I f 875.15, 875.16 and 875.17 rnlsed and renumbered by f8, eh. 26870, 1951. ·

104.181 Unlawful to vote if elector bas voted in other state or country within one year.-

(1) That it shall be, and it is hereby made unlawful for any person to vote in any primary, special or general state or county election in the state within .one year of the time such person has voted in any election in any other state or country in which residence in such state or country at the time of the election there was a necessary qualification to such person's right to vote there.

(2) Any person violating any of the provisions of this section upon conviction thereof shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed five years, or by a fine not to exceed five thousand dollars, or by both such fine and imprisonment in the discretion of the judge.

Hla&ory.-Comp. §28, ch. 29934, 1156.

432

ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

104.19 Use of stickers, rubber stamps, etc., unlawfully.-It shall be unlawful for any person casting a ballot at any election to use stickers, rubber stamps, or carry into a voting booth any mechanical device, paper or memorandum other than the official ballot. In casting a write-in ballot the elector shall cast the same in his own handwriting or in the handwriting of an authorized person aiding him. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§7, ch. 25187, 1949; formerly 189.201, revised and renumbered by § 8, ch. 26870, 1951.

104.20 Ballot not to be seen, and other offenses.-Any elector who shall, except as provided by law, allow his ballot to be seen by any person, or who shall take or remove or attempt to take or remove any ballot from the polling place before the close of the polls, or place any mark on his ballot by which it may be identified, or shall remain longer than the specified time allowed by law in the booth or compartment after having been notified that his time has expired, or who shall endeavor to induce any elector to show how he voted, or mark his ballot, or aid or attempt to aid any elector unlawfully, or shall print or procure to be printed, or have in his possession, any copies of any ballot prepared to be voted shall, upon conviction, be guilty of a misdemeanor.

Hlotory.-§55, ch. 4328, 1895; f2, ch. 4536, 1897; 08 3835; ROfl 11897; COL 8161; formerly §99.34, revised and renumbered by f8, ch. 26870, 1951.

104.21 Changing electors' ballots.-Whoever fraudulently and deceitfully changes the vote or ballot of any elector by which such elector is prevented from voting such ballot or from voting such ballot as he intended, shall, upon conviction, be guilty of a misdemeanor.

Htstory.-f5, sub-ch. 12, ch. 1837, 1868; RS 2784; as 38111; RQS 5875; COL 8138 ; formerly 1875.03, revised and renumbered by §8, ch. 26870, 1951.

104.22 Stealing and destroying records, etc., of election.-Any person who is guilty of stealing, wilfully and wrongfully breaking, destroying, mutilating, defacing or unlawfully moving or securing and detaining the whole or any part of any ballot box or any record tally sheet or copy thereof, booth returns, or any other paper or document provided for, or who shall fraudulently make any entry or alteration therein except as allowed and directed by the laws, or who permits any other person so to do, shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§7, sub-ch. 12, ch. 1637, 1868; RS 2785; OS 3827; f f 18, 19, ch. 5929, 1909; RQS 5890, 5909, 5910; COL 8153, 8173, 8174; formerly § i 875.13, 875.28 and 875.29 revised and renumbered by §8, ch. 26870, 1951.

104.23 Disclosing how elector votes.-Any elt!ctlon official or per:son a:sststmg any elector who :shall disclose how any elector voted, except upon trial in court, shall, upon conviction, be guilty of a misdemeanor.

Hlotory.-f51, ch. 4328, 1895; OS 3816; ROS 5878; COL 81~; formerly §875.04, rnlaed and renumbered by f8, cb. 26870, 1951.

104.24 Penalty for assuming name.- No registered elector shall call himself or pa.ss by any other name than the name by which he is registered, or fraudulently use the name of another in voting. Any person violating this section shall, upon conviction, be guilty of a misdemeanor.

matory.-f57, ch. 6469, 1913; RQS 360, 5913; COL 41'r, 8177; §4, ch. 22014, 1943. Pormer section repealed and new aectlou substituted by f 1, ch. 25385, 1949; formerly I 1101.14 and 102.&3 revised and renumbered by f8, cb. 28870, 1951.

104.25 Betting on result of election.-Whoever makes or becomes directly or indirectly interested in any wager or bet, the result of which shall depend upon any election, provided such wager or bet shall occur on or before the day of election, shall, upon conviction, be guilty of a misdemeanor.

rustory.-§8, sub-ch. 12, ch. 1837, 1868; RS 2780; OS 3133; ROS 5895; COL 8159; formerly §875.18, revised and renumberecl by §8, ch. 26870, 1951..

104.26 Penalty for destroying booth.-Any person who wrongfully, during or before an election, removes, tears down or destroys or defaces any booth, compartment or other convenience provided for the purpose of enabling the elector to prepare his ballot, or any card for the instruction of the voter, shall, upon conviction, be guilty of a misdemeanor.

Wotory.-§41, ch. 4328, 1895; QB 3812; ROS 5873; COL 8138; formerly §875.01, revised and renumbered by §8, ch. 28870, 1851.

104.27 Penalties for violation of §99.161.(1) Any person who knowingly violates the

provisions of §99.161 shall be deemed guilty of a misdemeanor and subject to a fine of not more than one thousand dollars or to imprisonment for not more than six months.

In addition thereto-(2) The nomination or election to office of

any person who knowingly violates the provisions of §99.161, or whose campaign treasurer or deputy campaign treasurer knowingly violates the provisions of §99.161, shall be void, and the nomination or office shall be filled as in other cases where a vacancy occurs.

(3) The charter of any corporation, including nonprofit corporations organized in whole or in part for political purposes or for the support of religious, charitable, civic, eleemosynary and similar causes, which knowingly violates the provisions of §99.161 shall be subject to revocation by the secretary of state.

(4) The permit of any horse or dog racing track shall be subject to revocation by the state racing commission if any person holding such a permit, or any member of an unincorporated association holding such a permit, or any officer, director, supervisory employee, of a corporation holding such a permit, or trustee authorized by trust agreement to vote stock in such corporation where such stock is owned by a person or persons sui juris, knowingly violates ~99.161.

(5) Any license for the sale of intoxicating beverages shall be subject to revocation by the state beverage department if any person holding such a license, or any member of an un-

433

f

Ch. 104 ELECTION CODE; VIOLATIONS; PENALTIES

incorporated association holding such a license, or any officer or director of a corporation which holds such a license, knowingly violates §99.161.

(6) · The franchise of any public utility shall be subject to revocation by the Florida railroad and public utilities commission if any person holding such a franchise, or any member of an unincorporated association holding such a franchise, or any officer, or director of a corporation which holds such a franchise, knowingly violates §99.161.

(7) Whoever shall knowingly make any false certificate, statement, or report provided for in §99.161 shall suffer the pains and penalties for perjury.

(8) Any chairman or secretary of any state or county executive committee who fails to file the report provided for in §99.161, or shall violate the provisions thereof shall be subject to the process prescribed under subsection (9) of this section and his office shall be filled as in other cases where a vacancy occurs.

(9) Any elector having information of any violation of §99.161 may file a petition in any circuit court of this state in the county in which the person or persons violating said §99.161 resides. The petition shall be filed in duplicate and the clerk of the court where the same is filed shall within three days after its filing send one of such duplicate copies to the attorney general. The procedure in each such case after the filing of the petition shall be the same as is provided for the prosecution and defense of a chancery case.

It shall be the duty of the attorney general upon his receipt of a copy of the petition to act as counsel for the state, and he shall file in the proceeding such pleadings as he determines ought to be filed.

The final decree entered by the court in each case shall make a finding of fact that §99.161 was or was not violated, as the case may be. If the decree of the circuit court finds as a fact that §99.161 was violated by any nominee or one elected to office, the attorney general shall send a certified copy thereof tv the officer responsible for issuing the certificate of nomination or office and upon receipt of such certified copy such officer shall immediately revoke the certificate of nomination or office as may have been issued, or in case such certificate has not been issued he shall withhold the same.

Appeals from any decree entered by the court may be taken by either petitioner or the respondent in the same manner as other appeals are taken in chancery cases, excepting that the notice of appeal shall be filed within ten days after the decree is entered. Any such appeal shall have priority on the docket of the supreme court and be heard and considered at such time as that court may direct. The supreme court shall have the power to shorten the time in such cases for filing the transcript and briefs, and when it acts to shorten this

time the clerk of the supreme court shall mail copies of orders entered by the supreme court to all interested parties or their counsel.

Any vacancy in office or nomination on account of any such decree shall not be filled until the expiration of ten days from the date the decree is entered, or if an appeal is taken in time such vacancy shall not be filled until the appeal has been determined by the supreme court and a final decree consequent upon such appeal is entered in the circuit court.

(10) Any elector having information of any violation of § 99.161 punishable under (3), (4), (5), (6) of this section may file complaint with the secretary of state, racing commission, beverage department or the railroad commission as may be appropriate in each case and it shall be the duty of such officer or agencies to investigate such complaints and refer any findings of fact indicating that a violation occurred to the state's attorney in the appropriate county for filing of a petition and pleadings in the circuit court. The final decree entered by the court in each case shall make a finding of fact that §99.161 was or was not violated as the case may be. If the decree finds as a fact that §99.161 was violated, the state's attorney shall send a certified copy thereof to the officer or agency concerned and such officer or agency shall upon receipt of such certified copy immediately revoke the charter, permit, license or franchise of the defendant person, persons, corporation or utility. Appeals from any decree may be taken as prescribed in (9) of this section and in all other respects the provisions of (9) of this section shall apply to such appeals.

mstorr.-§12, ch. 28819, 19&1; f8, oh. 211170, 111&1; wb f(ll §43, ch. 28156, 1953 ; sub § § (2), (3), (8) am., sub §§ (9), (10) §3, ch. 29936, 1955.

104.271 False, willful or malicious charges against opposing candidates; penalty. - Any candidate who, in a primary election or other election, falsely, willfully or maliciously charges an opposing candidate participating in such election with a violation of any provisions of §99.161, or any other section of the election laws providing and declaring that certain acts of candidates shall constitute violations of the law, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars or sentenced to not more than six months in the county jail, or both such fine and imprisonment, in the discretion of the court, and in addition to such penal provisions, a person from and after any such conviction shall be disqualified to hold office or position to which he aspires for the term affected. If at the time of conviction such person who was a candidate is serving in a position or office to which he aspired, his conviction shall be cause for removal or impeachment.

matorr.-comp. • ... Ch. 28154, 111&3.

434

ELECTION CODE; VIOLATIONS; PENALTIES · Ch. 104

104.272. Mishandling of funds by officers of -state executive committees.-Any chairman or treasurer of a state executive committee of any political party who shall improperly expend, misappropriate or make false or improper accounting for the funds of such committee shall upon conviction be guilty of a felony.

History.-Comp. §3, ch. 29935, 1955.

104.28 Violating provisions covering expenditures of candidates.-Any person who violates the provisions of §99.172 concerning expenditures of candidates shall, upon conviction, be guilty of a misdemeanor.

History.-§ § 1, 3, ch. 6470, 1913; RGS 5918; CGL 8182 ; §1, ch. 19617, 1939 ; §1, ch. 20934, 1941; §7, ch. 22858, 1945; formerly § 102.61, revised and renumbered by §8, ch. 26870, 1951.

104.29 Inspectors refusing to allow watchers while ballots are counted.-The inspectors or other election officials shall allow at all times while the ballots are being counted as many as three persons near to them to see whether the ballots are being correctly read, called, and the votes correctly tallied, and any officials who deny this privilege or interfere .therewith shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§1, ch. 6873, 1915; RGS 5877 ; CGL 8140; formerly §875.05, revised and renumbered by §8, ch. 26870, 1951.

. 104.30 Voting machine; unlawful possession; tampering with.-

(1) Any unauthorized person who shall unlawfully have possession of any voting machine or key thereof shall, upon conviction, be guilty of a misdemeanor.

(2) Any person tampering or attempting to tamper with, destroy, deface or impair in any manner or destroy any voting machine while the .same is in use in any election, or who shall after such machine is locked in order to preserve the registration or record of any election made By the same, tamper or attempt to tamper with any voting machine shall, upon conviction, be guilty of a felony.

History.-§26, eh. 13893, 1929; CGL 1936 Supp. 8202(1); formerly §100.28, revised and renumbered by §8, eh. 26870, 1D51.

104.31 Political activities of state, county and municipal officers and employees.-

(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall

(a) use his official authority or influence for the purpose of interfering with an election, or a nomination for office, or affecting the result thereof, or

(b) directly or indirectly coerce or attempt to coerce, command or advise any other officer or employee to pay, lend or contribute any part of his salary or anything else of value to any party, committee, organization, agency or person for political purposes, or

(c) directly or indirectly coerce or attempt to coerce, command and advise any such officer or employee as to where he might purchase cotpmodities or to interfere in any other way with the personal right of said officer or em-

ployee. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.

(d) The provisions of (a) of this section shall not be construed so as to limit the political activity in general, special, primary, bond, referendum or any other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof unless, in the case of municipalities, there be provisions in the charters or ordinances thereof which apply to officer, employees or candidates in such municipalities; and, the provisions of (a) of this section shall not be construed so as to limit the political activity in general or special elections of officials appointed as the heads or directors of state administrative agencies, boards, commissions or committees or of the members of state boards, commissions or committees whether they be salaried, nonsalaried or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission or committee, any restrictive provisions applicable to either capacity shall apply. The provisions of (a) of this section shall not be construed so as to limit the political activity in general, special, primary, bond, referendum or any other election of any kind or nature of the governor, the elected members of the governor's cabinet or the members of the legislature. The provisions of (b) and (c) of this section shall apply to all officers and employees of the state, or of any county or municipality thereof, whether elected, appointed or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum or any other election of any kind or nature. Those officers and employees under the state merit system who are employed by state agencies receiving federal funds and who are not otherwise exempted from (a) of this section in general or special elections shall not be eligible to hold party offices or membership on any county or state executive committee.

(2) Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§2, ch. 25138, §1, ch. 25360, 1949; formerly f875.o&e. revised and renumbered by f8, eh. 26870, 1951. .

Sub. § (1) am. §7, ch. 29615 and §5, eb. 29936, 1955; (1) (d) by § 1, ch. 59-208.

104.32 Supervisor of registration; delivery of books to successor.-Any supervisor of reg'istration who wilfully fails or refuses to promptly comply with the demand of his successor for the delivery of registration books, papers, and blanks connected with his office shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§8, eh. 3879, 1889; RS 2779; §9, eh. 4328, 1895; 08 3820; ROS 5881; CGL 8144; formerly §98.21, revised and re·numbered by §8, ch. 26870, 1951.

435

Ch. 104 · ELECTION CODE; VIOLATIONS; PENALTIF..S

104.33 Precinct registration officer; delivery of books.-Any precinct registration officer who wilfully fails or refuses to promptly comply with the demand of the supervisor of registration to deliver the registration books and papers connected with his office shall, upon conviction, be guilty of a misdemeanor.

Hlstory.-§8, ch. 3879, 1889; RS 2778; fll, ch. t328, 11115; 08 3821; . RGS 5882; CGL 81<l5; formerly §98.19, revl.aed and renumbered by §8, ch. 26870, 1951.

104.34 Circulating charges against any candidate; requirements.-It shall be unlawful for any candidate or other person, during eighteen days preceding the day of any election, to publish or .circulate or cause to be published or circulated any charge against or attack against any candidate unless such charge or attack has been personally served upon the candidate at least eighteen days prior to the day of election, and any person failing to comply with this section shall, upon conviction, be guilty of a misdemeanor. Any answer to a charge or attack that contains defensive matter shall not be construed to be a charge or attack.

Blstory.-§10, ch. S.70, 1913; RGS 5925; CGL 8189; formerlJ f875.38, revised and renumbered by f8, ch. 26870, 1951.

104.35 Distribution of literature against a candidate on election day.-It shall be a misdemeanor for ·any candidate or other person to distribute or cause to be distributed on the day of any election any pictures, cards, literature, or other writing against any candidate.

Blstory.-§11, ch. 5929, 1909; RGS 5908; CGL 8170; formerly f875.2•, revised and renumbered by fl, ch. 26870, 1951.

104.36 Distribution of literature, etc., near polling places.-On the day of any election it 1hall be unlawful for any person to distribute any political pamphlets, cards or literature of any kind, or solicit votes, or approach any elector in an attempt to solicit votes within 100 yards of any polling place. All peace officers or election officials shall arrest any person violating the provisions of this section in their presence. Any person violating the provisions of this section shall be, upon convictio.n, guilty of a misdemeanor.

History.-§ § 1-3, ch. 19263, 1939; CGL 1940 Supp. 8170(3); formerly §875.25, reviaed and renumbered by f8, ch. 26870, 19111.

104.37 Political literature, circulated prior to election; requirements.-

(!) All political advertisements and all campaign literature published or circulated prior to or on the day of any election shall be signed by the author thereof, and if the same is being published and circulated by a club or committee, then it shall be signed by the chairman and secretary of such club or committee, and if such literature is in circular form it shall have upon it the name of the printer or publisher. All political advertisements appearing in newspapers shall be marked "paid advertisements."

(2) All printed political advertisements of candidates running for office in general elections shall bear the name of the political party with which the candidate is affiliated. This provision is intended to be broad in scope and

shall include all media such as posters, signs, billboards, cards, circulars, letters, newspaper and magazine ads and any other form of advertising.

(3) When any candidate running for office in a general election, uses the media of radio or television, it shall be distinctly announced in such broadcasts or telecasts, the name of the political party with which such candidate is affiliated.

(4) Any person who wilfully violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

Hlalor:r.-§9, ch. 6470, 1913; ROS 592t; CGL 8188; formerly §875.37, revised and renumbered by §8, ch. 26870, 1951; §1, ch. 61-145. .

104.371 Political advertisement defined.Political advertisement is an expression by any mass media, attracting public attention, whether radio, television, newspaper, magazine, periodical, direct mail. display or by means other than the spoken word in direct conversation which shall transmit any idea furthering the candidacy _for public office of any person.

Btator:r.-comp. f.S, Ch. 28158, 1953.

104.372 Rates for publication or broadcastmg.-No person or corporation within the state, publishing a newspaper or other periodical, or operating a radio or television station or network of stations in Florida, shall charge a candidate for state or county public office for political advertising or for political broadcasts, a rate in excess of the regular local rate regularly charged by such person or corporation for commercial advertising or for commercial broadcasts of similar character and classification; nor shall such a person or corporation charge one political candidate in a county a higher rate than another political candidate; a-nd no candidate or political committee shall pay for political advertising or broadcasts any rate or charge in excess of such regular local rates regularly charged. Any person or corporation violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

mstory.-§27, ch. 29934, 1955; §1, ch. 61-265.

104.38 Newspaper assailing candidate in an election; space for reply.-If any newspaper in its columns assails the personal character of any candidate for nomination or for election in any election, or charges said candidate with malfeasance or misfeasance in office, or otherwise attacks his official record, or gives to another free space for such purpose, such newspaper shall upon request of such candidate immediately publish free of cost any reply he may make thereto in as conspicuous a place and in the same kind of type as the matter that calls for such reply, provided such reply does not take up more space than the matter replied to. Any person or firm failing to comply with the provisions of this section shall, upon conviction, be guilty of a misdemeanor.

Hlator:r.-§12, ch. 6470, 1913; ROS 5927; CGL 81111; formeriJ f875.40, revised and renumbered by fB, ch. 26870, 19&1; am. 140, ch. 28156, 1953.

436

ELECTION CODE; VIOLATIONS; PENALTIES Ch. 104

104.381 Sale of alcoholic beverages prohibit· ed; time prohibited.-All bar rooms, saloons, cocktail lounges, and other places for the sale of intoxicating beverages at retail within the area of any state, county, or municipal, general or primary elections shall be closed during the hours the polls are open; provided the board of county commissioners or governing body of any municipality as the case may be, may enlarge the time for such closing not to exceed twelve o'clock midnight of the evening preceding the day of such election until seven o'clock in the morning of the day thereafter and during the time hereby or so fixed the sale of all alcoholic beverages is prohibited, provided, however, that this section shall not require any vendors licensed under §561.34, subsections (1) and (2), to close their place of business. Any person who shall violate this section shall, upon conviction, be guilty of a misdemeanor.

WstorJ.-§8, ell. 26870, 1851 ; am. f1, ell. 2819-6, 1803.

104.39 Witnesses as to violations.-Any person violating any provisions of the election code shall be a competent witness against any other person so violating and may be compelled to attend and testify as any other person can be. The testimony given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. Any person so testifying shall not be liable to indictment or punishment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead the giving of testimony in bar to such indictment, information or prosecution.

WotorJ.-181, ell. 8469, 1913; ROB 5917; COL 8181; formerly f875.32, revfaed and renumbered by f8, ell. 26870, 1951.

104.40 Felony penalty.-The penalty for every felony under this chapter not otherwise specifically provided herein shall be imprisonment in the state prison for not more than one year or by fine of not more than five thousand dollars or by both such fine and imprisonment.

mstory.-Comp. f8, Cll. 28870, 1851.

104.41 Violations not otherwise provided for.-Any violation of the election code not otherwise provided for shall be punished as a misdemeanor.

Rlatory.-Comp. f8, Cll. 28870, 1951.

104.42 Fraudulent registration and illegal voting; investigation.-The board of county commissioners in all counties may appropriate not in excess of five thousand dollars for the purpose of investigating fraudulent registrations and illegal voting.

History.-§ f12, 14, ch. 17899, 1937; COL 1940 Bupp. 369(4); formerly f100.40, revised and renumbered by §8, ch. 26870, 1951.

et.-§ 129.02 et oeq., county annual budget.

104.43 GraJ;td juries; special investigation. -The grand juries of every county shall, upon

the request of any candidate or qualified voter, make special investigation when it convenes during a campaign preceding any election day to determine whether there shall be any violation of the provisions of the election code, and shall return indictments when sufficient ground is found.

Rlatory.-f17, ell. 6470, 1813; ROB 5932; COL 81116; formerly 1875.45, revised and renumbered by f8, ch. 28870, 19111.

104.44 Conflicting laws repealed.-All local laws that conflict with the election code of 1951 shall stand repealed after January 1st, 1954.

Watory.-Comp. 18. Cll. 26870, 19111.

104.45 Municipality may adopt state election laws.-Upon presentation of a petition signed by twenty-five qualified electors in a municipality, a municipality may upon official approval by the governing authority under the charter, adopt the state election laws for conducting a municipal election. In such event the words "city clerk or appropriate official" are inserted wherever the words "supervisor of registration" appears.

mstory.-Comp. §8, Cll. 28870, 18111.

104.451 Municipal elections; change of dates for cause.-

(1) In any municipality when the date of the municipal elections falls on the same date as any state-wide general or special election, and voting machines are not available for both elections, the municipality may provide that the municipal primary and general elections may be held within thirty days prior to or subsequent to the state-wide general or special election.

(2) The dates of said municipal elections shall be designated by appropriate ordinances and resolutions adopted by said municipalities.

matory.-§§ 1, 2, ell. 59-493.

104.46 Pamphlet and manual prepared of the election code.-A pamphlet of a reprint of the general laws pertaining to elections and a manual of the election code of 1951 outlining the duties of clerks, inspectors and other election officials, and including instructions to electors for thElir use at any election, each adequately indexed, shall be prepared by the secretary of state. He shall have printed a sufficient number of these pamphlets and manuals and mail copies to all boards of county commissioners for use of the clerks, inspectors and other election officials, the cost of printing shall be paid out of funds appropriated for conducting elections. Any citizen may purchase a copy by payment of the actual cost of printing and distribution as determined by the secretary of state.

Hlstory.-§8, ch. 26870, 1951; Am. §47, ch. 28156, 1953.

437

Ch. 107 PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES

CHAPTER 107

CONVENTIONS FOR RATIFYING OR REJECTING PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES

107.01 Conventions constituted. 107.02 Delegates. 107.03 Election of delegates. 107.04 Candidates file application; fee and peti

tion for name on official ballot. 107.05 Official ballots.

107.01 Conventions constituted.-Whenever the congress shall propose, to conventions in the several states, an amendment to the constitution of the United States, for ratification or rejection, and shall not have provided the manner in which such conventions shall be constituted, the conventions in this state shall be chosen and constituted in the manner in this chapter prescribed and shall function in accordance with this chapter.

motor:r.-§1, eh. 16180, 1933; CGL 1936 Supp. 319(1).

107.02 Delegates.-Conventions shall consist of sixty-seven delegates from the state at large. Each delegate shall possess the qualifications of a member of the house of representatives of the legislature of this state; and each shall hold office from the date of his election and until the convention shall have discharged the duties for which it was selected.

motor:r.-§2, eh. 16180, 1933; CGL 1936 Supp. 319(2).

107.03 Election of delegates.-The delegates composing the convention shall be elected at a special election which shall be held in each county of this state on a date to be fixed by the governor, not less than five months and not more than ten months after the date of the proposal by the congress. The governor shall issue his call for such election at least fortyfive days prior to the date thereof, which, as soon as issued, shall be published by the secretary of state at least one time, in a newspaper of general circulation in each county. Such election shall be conducted, except as herein specified, in all respects in the manner and form prescribed by the laws of this state for holding general elections.

All electors who were duly qualified to vote in the last preceding general election shall be qualified to vote in such special election without further registration. The registration books in each county shall be opened ten days after the governor shall issue his call and shall remain open, in each county, until and including the tenth day before the election, during which time all persons who have not been regi.ostered, though entitled to be or who shall have become entitled to registration since the last general election, shall be permitted to register. During the time in which the registration books are required to be kept open by this section, any registered voter shall be permitted to qualify to vote in such election.

Provided: That if any general election be held in this state within one year after the date of the proposal by the congress, such delegates

107.06 Clerks and inspectors; compensation fixed. 107.07 Canvass of returns. 107.08 Convention time and place. 107.09 Convention powers; quorum; compensation. 107.10 Certification of convention action. 107.11 Appropriation for expenses.

shall be chosen at such general election and all electors qualified to vote in such general election shall be qualified to vote for such delegates, unless the governor, by his proclamation, shall require such delegates to be chosen at a special election, in which event they shall be elected as herein provided.

mstory.-§3, eh. 16180, 1933; CGL 1936 Supp. 319(3).

107.04 Candidates file application; fee and petition for name on official ballot.-Any person desiring to become a candidate for election as a delegate to said convention shall file a sworn application with the secretary of state on such form as that official shall prescribe, not less than twenty days before the date of election, in which shall be stated his name in full, his residence, his age, his color and his occupation. Such application shall also state, under oath, that the applicant is a citizen of the United States and of the state and that he is a qualified elector of the county in which he resides. The applicant may also state whether or.not he favors the ratification of the proposed amendment or opposes it and whether or not he desires his name to appear upon the ballot as favoring or opposing such amendment or as unpledged.

If the applicant shall request that his name appear on the ballot as favoring or as opposing the amendment, his application shall be accompanied by a qualification fee of twenty-five dollars and by one or more petitions, requesting that his name be placed upon the official ballot, and signed by not fewer than five hundred qualified electors. It shall be permissible for any number of qualified voters to join in one or more petitions requesting the placing on the official ballot of the names of more than one candidate but not exceeding the total number to be elected. Any applicant may withdraw his name at any time before the ballots are actually printed.

Hlstory.-§4, ch. 16180, 1933; CGL 1936 Supp. 319(4).

107.05 Official ballots.-The ballots shall be prepared by the secretary of state and distributed by him to the county commissioners in the several counties at least ten days prior to such election. They shall contain the substance of the proposed amendment and in alphabetical order (1) the names of all candidates who shall have declared in favor of the ratification of such amendment; and (2) the names of all candidates who shall have declared against the ratification of such amendment; and (3) the names of all candidates who

438

PROPOSED AMENDMENTS TO CONSTITUTION OF UNITED STATES Ch. 107

shall have qualified without pledging themselves either for or against the amendment. When delegates are elected at general elections as provided in §107.03, such matters shall be printe!l on the general election ballots. In either event, in addition to the names of unpledged candidates printed on said ballots and whether there be any such names on said ballots or not, there shall ·be provided, under the caption "(3)" blank lines in equal number to the number of persons who may be elected as such delegates.

History.-§5, ch. 16180, 1933; CGL 1936 Supp. 319(5).

107.06 Clerks and inspectors; compensation fixed.-The board of county commissioners of each county shall appoint clerks and inspectors of election for such special election in accordance with the general election laws, except that such appointments may be made at any time more than five days prior to the election; whereupon they shall publish the names of such inspectors and clerks in a newspaper printed in the county. The clerks and inspectors of election shall receive compensation at the rate of five dollars per diem for each day actually and necessarily served in performing their duties as such. Such compensation, together with other lawful expenses incurred by the several boards of county commissioners, shall be paid as provided in §107.11, after the several boards of county commissioners shall have certified the same to the board of state canvassers and such accounts shall have been approved by such board of state canvassers.


107.07 Canvass of returns.-Within three days after the date of the special elections the county commissioners shall meet and canvass the returns thereof in their respective counties and transmit the same to the secretary of state. Within fourteen days after the date of the special elections the board of state canvassers shall meet and canvass such returns. The board shall thereupon declare the sixty-seven candidates who receive the greatest number of ~otes in the state at large, to have been elected as delegates to the convention; and shall immediately issue a certificate of election to each of such persons. In case of a tie the board of state canvassers shall select the delegates from those receiving the tie votes.

mstory.-§7, ch. 16180, 1933; CGL 1936 Supp. 319(7):

107.08 Convention time and place.-The delegates to the convention shall meet in such place as shall be provided for that purpose by the secretary of state, at the state capital at Tallahassee on the second Tuesday in the month following their election, at twelve o'clock noon. They shall thereupon constitute a convention to

ratify or reject the proposed amendment to the constitution of the United States.


107.09 Convention powers; quorum; compensation.-The convention shall have power to ratify or reject the proposed amendment to the constitution of the United States for which it shall have been selected; to choose a president and a secretary and all other necessary officers, clerks and attaches to fill vacancies in its membership; and to make rules governing its procedure. It shall be the sole judge of the election and qualifications of its members. A majority of the total number of delegates elected to the convention shall constitute a quorum.

The delegates to such convention shall serve without compensation or expenses; but the secretary and other officers, clerks and attaches shall receive such compensation as may be fixed by the convention.

The convention shall have no other power than that hereby expressly conferred or is necessarily incident to the purpose of its creation; any other action attempted to be taken by it shall be utterly null, void and of no effect.

mstory.-§9, ch. 16180, 1933; CGL 1936 Supp. 319(9).

107.11) Certification of convention action.When the convention shall have agreed, by "yea" and "nay" vote of a majority of the total number of delegates elected, to the ratification or rejection of the proposed amendment to the constitution of the United States, a certificate to that effect shall be executed by its president and secretary and filed with the secretary of state of Florida. A copy of the minutes of its proceedings, likewise signed by such officials, shall also be filed with the secretary of state. The secretary of state of Florida, after the filing of such certificate, shall transmit a copy thereof, certified under the great seal of Florida, to the secretary of state of the United States.


107.11 Appropriation for expenses.-For the purpos.e of defraying the expenses of preparing for, conducting, holding and declaring the result of the election provided for by this chapter and also for the purpose of defraying the expenses allowed by this chapter for the holding of sessions of the convention as herein provided, to be audited by the comptroller, there is appropriated out of the general revenue fund of the state of Florida a sufficient sum of money for the payment of all amounts necessary to be expended under the terms of this chapter, which sums of money shall be disbursed by the state of Florida pursuant to warrants drawn by the comptroller upon the treasurer for the payment of same.


439

TITLE X OFFICES, OFFICERS AND PUBLIC RECORDS

CHAPTER 110

MERIT SYSTEM OF PERSONNEL ADMINISTRATION

110.01 Merit system. 110.02 State personnel board. 110.03 Powers and duties of board. 110.04 Merit system council. 110.05 Duties of merit system council. 110.06 Classified servi-ce and exemptions. 110.07 Status of employees. 110.08 Examinations.

· 110.01 Merit system.-There is hereby created a merit system of personnel administration covering the employees of the state board of health, the Florida industrial commission, the Florida crippled children's commission, the state and district welfare boards, the merit system council, the hospital planning division of the Florida development commission, and the employees of such other state agencies as the governor, other constitutional officers, or the railroad and public utilities commission, may direct in accordance with the provisions of this chapter.

Bbtory,--<:omp. §1, ch. 29933, 1955.

110.02 State personnel board.-(1) There is hereby created the state per

sonnel board which shall consist of the governor, who shall be the chairman, the secretary of state, the comptroller, the commissioner of agriculture, the attorney general, the superintendent of public instruction, and the treasurer.

(2) The state personnel board shall meet at such times and places as shall be specified by the governor or any three members thereof.

mstory.--<:omp. §2, ch. 29933, 1955.

110.03 Powers and duties of board.-The state personnel board shall have the following duties:

(1) To appoint the members of the merit system counc·il in accordance with the provisions of this chapter.

(2) To adopt and amend such rules and regulations as may be necessary to effect the purposes of this chapter, provided that the regulations previously adopted by the existing merit system council and applicable to employees served by the Florida merit system council shall continue to be applicable to such employees and to any additional employees of other state agencies brought within the purview of this chapter until such time as the same may be altered or amended by the state personnel board; and provided further, that such board shall not amend such rules or regulations in such manner as to deprive any ag-

110.09 Suspensions, reductions, demotions, dis-charges, layoffs, and transfers.

110.10 Administrative costs and appropriation. 110.11 Services to political subdivisions. 110.12 Oaths; testimony; records. 110.13 Political activities and unlawful acts pro-

hibited. 110.14 Penalties.

ency of this state of the receipt of federal grants made available to this state on condition of the maintenance of a merit system for personnel administration.

(3) To make biennial reports to the legislature, together with recommendations, and to perform such other duties as may be elsewhere specified in this chapter, or, if not prohibited, as in the judgment of such board are deemed necessary to effectuate the provisions hereof.

mstory.--<:omp. §3, ch. 29933, 19511.

110.04 Merit system council.-(1) There is hereby established a merit

system council, which shall be composed of five members appointed by the state personnel board. The members of the existing merit system council shall be members of the council authorized by this chapter until the state personnel board shall make appointments in accordance with this chapter. The initial appointments shall be made within 90 days of the effective date of this chapter.

(2) The members of the council shall be citizens of this state and shall be in sympathy with the applicat ion of merit principles to public employment. No member of the council shall be a member of any local, state, or national committee of a political party or an officer or member of a committee in any partisan political club or organization, or shall hold, or be a candidate for, any other public office. No person shall be appointed as a member of the council who has held an elective public office or position in a political party within the year immediately preceding his appointment. No member of the merit system council may be removed from office prior to expiration of his term except for cause and after being given an opportunity for public hearing.

(3) Members of the merit system council shall be appointed for overlapping terms of four years each, except that the initial appointments shall be as follows: two members for terms of one year each; the other three members each for a term of two, three, and four years, respectively.

440

MERIT SYSTEM OF PERSONNEL ADMINISTRATION Ch. 110

( 4) Members of the council shall be paid twenty-five dollars for each day devoted to the work of the council but not more than one thousand dollars in any year. They shall be entitled to reimbursement for necessary traveling and other expensef'1 in addition thereto.

Wllor;r.-comp. 13, ch. 29933, 1965. cf.-§112.061 Travel expenses of state officers and employees.

. 110.05 Duties of merit system council.The merit . system council shall hold regular meetings not less often than bimonthly and such additional meetings as may be required for the proper discharge of its duties. It shall be the duty and the function of the merit system council :

(1) To represent the public interest in the improvement of personnel administration.

(2) After public hearings to recommend the adoption for consideration by the state personnel board, of rules and regulations effectuating the merit system of personnel administration as contemplated by this chapter. Such rules and regulations shall include provision for the classification of positions, the establishment of salary schedules and minimum personnel standards for the positions so classified and for periodic payroll audits of such positions. They shall also provide for the holding of examinations to determine the qualifications of applicants, and for temporary appointments without such examinations for periods not exceeding six months. They shall also provide for promotions, transfers, demotions, separations, tenure, reinstatement, appeal, and such other matters as may be found necessary for the maintenance of a sound merit system of personnel administration.

(3) To hear such appeals and make such decisions or recommendations as may be authorized by this chapter, or by rules adopted by the state personnel board.

( 4) The council shall be responsible for the promotion of public understanding of the purposes, policies and practices of the merit system and for assistance and advice to the merit system director and to any other state agency in fostering merit system practices, and for securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the merit system.

Blator;r.-comp. §4, ch. 29933, 1956.

110.06 Classified service and exemptions.(!) The classified service to which this

chapter shall apply shall include all full-time positions in the following agencies or departments not exempt by this chapter: ·

(a) The agencies now under the existing Florida merit system, including the director and staff of the merit system council;

(b) Any state agencies under the jurisdiction of the governor which may be placed under the merit system by executive order of the governor.

(c) Any other state agency or department which may be placed under the merit system by action of the executive authority thereof

and with the approval of the state personnel board.

(d) Any agency or department which may be placed under the merit system by act of the legislature.

(e) Positions included within the classified service established by this chapter shall not be removed therefrom.

(2) EXEMPT POSITIONS.-The exempt positions shall include all positions in the state service not included in subsection (1) of this section and shall specifically include the following:

(a) Officers elected by popular vote and persons appointed to fill vacancies in such of-fices. ·

(b) Temporary or part-time officers and employees of the legislature.

(c) Members of boards and commissions and heads of departments appointed by the governor or the cabinet acting as the board of commissioners of state institutions or the board of conservation, and a secretary to the administrative head of each board, commission or department; those division heads or other high-level employees under such boards or commissions or within such departments who participate in the formulation of policy and who are not in agency units receiving federal grants in aid, and the designation of whom shall be made by the board, commission or department head involved, subject to the approval of the state personnel board.

(d) Not more than three administrative assistants or deputies, together with a secretary for each such assistant or deputy, for each board or commission or head of a department appointed by the governor or the cabinet acting as the board of commissioners of state institutions.

(e) Such administrative assistants, confidential secretaries, and receptionists employed in the governor's office as may be designated by him.

(f) Officers, attendants, and employees of the state judiciary, judges, referees, receivers, jurors, and notaries public.

(g) Officers and members of the teaching staffs of state universities and other state institutions of learning, and student employees of such institutions.

(h) Patient or inmate help in state charitable, penal and correctional institutions.

(i) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the legislature or a committee thereof, or by authority of the governor.

(j) Internes, trainees, and part-time professional and technical employees paid by fees, stipends, or on a part-time salary basis.

(k) All employees exempted by the merit system regulations heretofore adopted by the Florida merit system council, and any other employees who may hereafter be exempted by the state personnel board, or legislative act.

Hlstory.-§5, ch. 29933, 1955; (ll) (c) a. by §1, ch. 61-258.

441

Ch. 110 MERIT SYSTEM OF PERSONNEL ADMINISTRATION

110.07 · Status of employees • ...:... appeals to the merit system council, provided (1) Employees of an agency already cov- that such appeal must be filed with the coun

ered by an existing merit system other than cil in writing within twenty days from the employees covered by the Florida merit sys- date notice of suspension, demotion, or distern will have the same status if transferred charge, in writinsr is delivered or mailed to to the merit system provided by this chapter the employee. The council shall conduct hearas they may have acquired under such other ings on such appeals, and within thirty days merit system. Employees of an agency not after the completion thereof shall make its previously covered by a merit system. who are finding and decision which shall be in writing, made subject to the provisions of this chapter and copies thereof shall be submitted to the shall be given status as follows: employee, employing agency concerned, and the

(a) An employee who shall have been con- state personnel board. The decision of the tinuously employed for not less than one year merit system council shall be final; except that immediately preceding the date on which the in the case of a discharged employee, the perposition in which he is employed is made sub- sonnel board by an affirmative vote of a maject to the provisions of this chapter shall be jority thereof, may in its own discretion and given status in the classified service without after notice to all parties, within thirty days an examination. of the filing of the decision of the merit sys-

(b) An employee who shall have been em- tern council, review the same and accept, reployed for less than one year on the date the ject· or alter such decision. position in which he is so employed is made (2) . The state personnel board may order subject to the provisions of this chapter shall th.e remstatement of an employee, with or be required to pass such test or examination Without back pay, which order shall be bindas may be required by rules and regulations ing on the agency concerned. The action of adopted by the state personnel board. the board shall be in writing and shall be

(c) Persons appointed to fill vacancies in served on the parties to such appeal either in the classified service of an agency under the person or by mail. merit system established by this chapter shall (3) The board shall also provide by rule achieve permanent status only in accordance for transfer or layoff, within an agency or with the rules and regulations adopted pursuant department, of an employee when it becomes to this chapter. necessary to abolish a position because of a

Blstory.-comp. §8, ch. 29933, 1955. shortage of funds or work, or a material change 110.08 Examinations.-Under the supervi- in duties or organization; provided that such

sion of the merit system council, the merit rule shall not allow an employee the right to system director shall be responsible for the be transferred from a classified position in conduct of such promotional and competitive one agency or department to a classified posiexaminations and entrance examinations as tion in any other agency or department. may be necessary and required under this . ( 4) The boar~ shall also provide regulachapter. Such examinations shall be of such t10ns for preparmg and distributing lists of character as to determine the qualifications, employees who have been laid off because of fitness, and ability of the persons tested to per- shortage of funds or work, and such lists shall form the duties of the class of positions for be made available to other departments or which such tests or examinations are given. agencies so that trained and qualified personAdequate public notice shall be given by the nel may be specially considered by such demerit system director prior to all examina- partments or agencies for re-employment. . · tions except for promotion within a department Blstor;r.-comp. §a, ch. 29933, 1955.

or agency. 110.10 Administrative costs and appropria-Bistory.-comp. §7, ch. 29933, 1955. tion.-110.09 Suspensions, reductions, demotions, (1) The administrative expenses and cost

discharges, layoffs, and transfers.- of operating the merit system shall be paid by (1) Any employee in the classified service the various divisions of the state government,

may be terminated for cause by the agency or and each such division shall be authorized to officer by whom he is employed. The state include in its budget estimates its pro-rata personnel board by rule shall establish a pro- share of such cost. To establish an equitable cedure in accordance with the provisions of division of the costs, the amount to be paid by this chapter for the suspension, reduction in each division shall be determined in such propay, demotion, and discharge of employees in portion as the service rendered to each division the classified service for misconduct, insubor- bears to the total service rendered by the declination, inefficiency, habitual drunkenness, partment. inability, to perform the duties of the position (2) To provide funds for administrative in which employed, willful violation of the costs for any agency which is unable at the provisions of the rules prescribed by the state time of its application to provide such funds personnel board, conduct unbecoming a public out of its then current budget, there is hereby employee, conviction of a crime involving moral appropriated out of the general revenue the turpitude, or any other just cause; and for the sum of fifty thousand dollars which shall be investigation and hearing of appeals on such allocated by and with the approval of the suspension, reduction, demotion, or discharge budget commission to the merit system herein of an employee. Such 'rule shall provide for established to pay the costs of administration

442

MERIT SYSTEM OF PERSONNEL ADMINISTRATION Ch. 110

for such agencies, as contemplated in subsection (1) of this section.

mstor;r.-Comp. §9, ch. 29933, 1955.

UO.ll Services to political subdivisions.Subject to the rules approved by the state personnel board, the merit system director may enter into agreements with any municipality or political subdivision of the state to furnish services and facilities of the agency to such municipality or political subdivision in the administration of its personnel on merit principles. Any such agreement shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished. All municipalities and political subdivisions of the state are hereby authorized to enter into such agreements.

mstor;r.-Comp. §10, ch. 29933, 1955.

110.12 Oaths; testimony; records.- The members of the state personnel board, the members of the merit system council, and the director shall have power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor.

mstor;r.-Comp. §11, ch. 29933, 1955.

110.13 Political activities and unlawful acts prohibited.-

(!) No person in the classified service shall be appointed to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of his political or religious opinions or affiliations.

(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration; provided, however, that letters of inquiry, recommendations and references by public employees or public officials shall not be considered political pressure unless any such letter contains a threat, intimidation, irrelevant, derogatory or false information. And provided further, that for the purposes of this section the term "political pressure" in addition to any appropriate meaning which may be ascribed thereto by lawful authority shall include the use of official authority or influence in any manner prohibited by this chapter.

(3) No employee in the classified service, and no member of the merit system council shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or pur-

pose, or solicit or take any part in soliciting any such assessment, subscription, or contribution of any employee in the classified service.

(4) No employee in the classified service shall be a member of any national, state or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid public office, or shall take any part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote.

(5) Upon a showing of substantial evidence by the personnel director that any officer or employee in the state service has knowingly violated any of the provisions of this section, the state personnel board shall notify the officer or employee so charged and the appointing authority under whose jurisdiction the officer or employee serves. If the officer or employee charged so desires, the state personnel board shall hold a public hearing, or shall authorize the merit system council to hold a public hearing, and submit a transcript thereof, together with its recommendations, to the state personnel board. Relevant witnesses shall be allowed to be presented and testify at such hearing. If the officer or employee shall be found guilty by the state personnel board of the violation of any provision of this section, the board shall direct the appointing authority to dismiss or suitably discipline such officer or employee; and the appointing authority so directed shall comply.

(6) No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this law or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and the rules.

(7) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.

mstor;r.-Comp. §12, ch. 29933, 1955.

110.14 Penalties.-(!) Any person who willfully violates any

provision of this chapter or of any rule or regulation adopted pursuant to the authority herein granted shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $1000, or by imprisonment for not longer than six months, or by both such fine and imprisonment.

(2) Any person who is convicted of a misdemeanor under this chapter shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service, and if he is an employee of the state, shall forfeit his position.

mstor;r.-Comp. §13, ch. 29933, 1955.

443

Ch. 111 COMPENSATION & ACCOUNTS OF CERTAIN OFFICIALS

CHAPTER 111 COMPENSATION AND ACCOUNTS OF CERTAIN OFFICIALS

111.02 Perquisites. 111.03 Detailed account of fees to be kept; month

ly statements. 111.04 Officer failing to comply with law subject

to removal.

111.02 Perquisites.- All perquisites fixed by law accruing from the administration of any state officer shall be faithfully accounted for, reported and turned over to the state treasurer once each month with a certificate as to the correctness of such accounting. The state treasurer shall receive all such funds and issue his receipt to the officer transmitting the same.

Hlstory.-§2, ch. 6447, 1918; RGS 207; §2, oh. 8491, 19zl; Ill, ch. 11335, 1925; RGS 207; CGL 239, 478.

111.03 Detailed account of fees to be kept; monthly statements.-In all state administrative offices where fees or perquisites of any nature or character are allowed to be collected, or are collected or received by any person connected with such office, a: detailed account thereof shall be kept in a book provided for that purpose and such book shall be carefully preserved and treated as a public record of the office. At the end of each month a detailed statement of such receipts shall be made and verified under the oath of the head or acting head of such office, which statement together with the amounts received during said month by any and all persons connected with such office shall be delivered to the state treasurer, · for which amounts receipts shall issue in due course and the amounts shall be placed in the general revenue fund of the state. The state treasurer shall preserve the statements so delivered to him as a public record of his office. Where fees or other compensation or perquisites are allowed by law to be collected or received by any person in any state office for any work or service done or rendered in connection with the administration of such office, such fees, perquisites and compensation shall be collected and duly accounted for as herein provided.

Hlatory.-§1, ch. 6448, 1913; RGS 208; CGL 240.

111.04 Officer failing to comply with law ·subject to removal. - Any person failing to comply with the provisions of §111.03 shall be regarded as having committed misfeasance in office and shall be subject to removal, suspension or discharge as provided by law.

Hlator;r.-§2, ch. 6448, 1918; RGS 209; CGL 241.

111.05 Officers reinstated after suspension; back pay.- An officer who is lawfully entitled to resume the duties of his office after his suspension by the governor shall suffer no loss of salary or other compensation because of his suspension. His compensation which is unpaid because of his suspension is appropriated

111.05 Officers reinstated after suspension; back pay.

111.10 Awards to state employees.

and shall be paid from the source and in the manner in which the compensation of the office is normally paid. If funds sufficient to pay his unpaid compensation are not available in the proper source, the deficit is appropriated and shall be paid from the general funds of the state or of the political subdivision under which the office exists, as the case may be.

Bistory.-Comp. §1, ch. 57-71.

111.10 Awards to state employees.-(!) The state personnel board may make

awards to state employees who: (a) Propose procedures or ideas which here

after are adopted and which will result in eliminating or reducing state expenditures or improving operations; provided, such proposals are placed in effect, or

(b) By their superior accomplishments, make exceptional contributions to the efficiency, economy or other improvement on the operations of the state government.

(2) Awards for superior accomplishments shall be made in accordance with procedures and standards established by the state personnel board.

(3) Any award made by the state personnel board under the provisions of this section shall be paid from the appropriation available to the state agency affected by the award or from any specific appropriation therefor.

( 4) The board may adopt rules and regulations to carry out the provisions of this section, and may appoint merit award boards made up of state officers, employees or citizens to consider employee proposals, special acts, special services, or superior accomplishments, and to make recommendations to the board as to the merits of the proposals, special acts, special services, or superior accomplishments, and whether or not the proposals, special acts, special services or superior accomplishments, justify an award.

(5) Any award granted under the provisions of this section shall be limited to one hundred fifty dollars unless a larger award is made by the legislature.

(6) When requested by the state personnel board the merit system agency may furnish such assistance as may be necessary to carry out the provisions of this section. Any expenditures made or costs incurred by the merit system agency for the purposes of this section may be paid from funds available for the support of the merit system agency.

History.-§! , ch. 61-221. cf.-Ch. 110, Merit system of personnel administration.

444

PERSONS ELIGIBLE TO OFFICE; RETIREMENT; GROUP INS.; EXPENSES Ch. 112

CHAPTER 112

PERSONS ELIGIDLE TO OFFICE; RETIREMENT; GROUP INSURANCE; EXPENSES

112.01 Conviction of certain offenses to exclude from office.

112.02 Residence. 112.03 Unlawful employment. 112.04 Penalty. 112.05 Retirement. 112.051 Merit systems; retirement or transfer of

employees aged 65 to 70. 112.061 Per _diem and traveling expenses of state

officers and employees. 112.07 Fixing terms of office of certain officers. 112.08 Group insurance for public employees.

112.01 Conviction of certain offenses to exclude from office.-All persons convicted of bribery, larceny, perjury, or any other infamous crime, or who shall make or become directly or indirectly interested in any bet or wager, the result of which shall depend upon any election, or who shall hereafter fight a duel, or send or accept a challenge to fight, or who shall be second to either party, or be the "bearer of such challenge or acceptance, shall be excluded from every office of honor, power, trust or profit, civil or military, within this state, and from the right of suffrage; but the legal disability shall not accrue until after trial and conviction by due form of law; provided, however, that nothing in this section shall be so construed as to remove or affect any punishment or legal disability resulting from convictions heretofore. c~i.•~fi~·-§§1, 3, ch. 3705, 1887; RS 211; GS 295; RGS 893;

112.02 Residence.-All persons employed to work for the state or for any county of the state, shall be bona fide residents of the state for two years next prior to such employment, except only where after due diligence no person can be found in the state possessing the required qualifications necessary to the particular employment.

Hlstory.-§1, ch. 16183, 1933; CGL 1936 Supp. 478(2).·; am. §7, ch. 22858, 1945.

112.03 Unlawful employment.-It is unlawful for any officer or board, either state or county, to employ any person to work for the state or for any county in the state, who has not been a bona fide resident of the state for the last past two years at the time of such employment, except only when after due diligence no such resident of the state can be found possessing the required qualifications necessary to fill the particular employment.


112.04 Penalty.-Any officer or board or member of any official board, either state or county, violating the provisions of §§112.02 and 112.03 shall be deemed guilty of a misdemeanor, and upon conviction punished accordingly. Any officer violating §§112.02 and 112.03 shall be subject to removal by the governor.

HlatoJ7.-§3, ch. 16183, 1933 ; CGL 1936 Supp 478(2) '1646(1). . . •

112.09 Evidence of election to provide insurance. 112.10 Deduction and payment of premiuma. 112.11 Participation voluntary. 112.12 Premiums for insurance of school teachers. 112.13 Insurance additional to workmen's com-

pensation. 112.14 PurPose and intent of law. 112.16 Change in position or reclassification; con

tinuance or resumption of membership in retirement system.

112.171 Employee wage deductions.

112.05 Retirement.-Whenever any state official or state employee has attained the age of seventy years or more, and has served the state as either an official or employee or both for as much as twenty consecutive years or more or for an aggregate time of thirty years or more, or whenever any state official or employee, irrespective of age, has served the state as either an official or employee or both for thirty consecutive years or more, or for as much as an aggregate of thirty-five years or more, such official or employee may retire from his office as such offiCial or employee with the right to be paid, and shall be paid monthly on his own requisition during the remainder of his natural life one-half the amount of the average monthly salary received during the last ten years of such service; and sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. Provided, that military service in the armed forces of the United States shall be computed as a part of the time specified hereinabove as entitling a state official or employee to the benefits of this section. This section shall apply only to persons retired or persons who are on a state payroll June 30, 1953 and remain continuously on a state payroll until eligible to retire. This section shall not affect any state official or· employee who has already 1·etired under any retirement act, except that no cabinet officer qualifying shall receive less than four thousand, five hundred dollars per year.

Hlstory.-§1, ch. 12293, 1927; CGL 242; §1, ch. 17274, 1935; §1, ch. 20499, 1941; am. f1, ch. 22828, 1945; transferred from §121.001.

Am. § 1, chs. 28147, 28148, 1953. cf.-Ch. 122 State and county officers and employees retire-

ment system. · .

112.051 Merit systems; rftirement or transfer of employees aged 65 to 70.-

(1) Any employee of the state who is within the merit system established by chapter 110, or who is protected by any other merit system plan or system providing for tenure, except instructional personnel employed in the public school system, may be retired by the agency or department in which he is employed on the basis of his age and without specifying charges or other cause for such retirement when such employee has reached sixty-five years of age. Such employee may be retired in accordance with the following conditions:

(a) . Has reached age sixty-five and

445

ChY 112 PERSONS ELIGIBLE TO OFFICE; RETIREMENT; GROUP INS.; EXPENSES

(b) Is eligible for retirement under any state retirement system. . ,. .

(2) The department 'or agency which is within any merit system, in which any employee who is over sixty-five years of age is employed shall have the discretion to continue such employee in employment after he attains age sixty-five, but when such employee has reached the age of seventy years of age he shall be automatically retired and separated from the state employment within thirty days thereafter unless

(a) Such employee has submitted a request in writing to the state agency in which he is employed at least sixty days before his seventieth birthday; and

(b) Such department has given written notice of consent for continuation of such employment.

(3) Any employee who has attained age sixty-five may be transferred to some job requiring less responsibility and less arduous duties by the department in which he is employed when determination is made that such employee is not able to satisfactorily carry out the full duties of his position. Such transfer shall not be subject to appeal by the employee and may be accompanied by appropriate reduction in salary in line with the duties and classification of the position to which the employee is transferred. In the event of such transfer the agency or department concerned shall furnish to the state personnel board in writing the reasons for the transfer, together with the name and classification of the employee concerned, who shall also be furnished a copy in writing of the notice to the state personnel board.

( 4) This act shall take effect December 31, 1961.

History.-§ §1-4, ch. 61-289. cf.-Ch. 122, State and county ret irement system.

112.061 Per diem and traveling expenses of state officers and employees.-

(!) State officers and employees other than the governor and members of the state cabinet, supreme court justices, district court of appeal judges and circuit court judges when traveling within the state on state business shall be allowed for subsistence eleven dollars per dieni; provided, however, the head or heads of any governing agency, office, department, or any board or commission may reduce such per diem allowance for any class or classes of officials and employees of his, their, or its respective agency, department, board, or commission. The amount to be allowed for mileage when any state officer or employee is using a privately owned car shall be ten cents per mile; state officers and employees traveling by any common carrier on state business shall procure from the state comptroller and use a transportation request, which the comptroller is required to furnish the form of which shall be substantially the same as now used by the federal government. The governor and members of the cabinet, supreme court justices, district court of appeal

judges and circuit court judges shall be allowed for subsistence fifteen dollars per diem when traveling within the state on state business and the mileage otherwis~ provided here~ in for state officials and employees. The foregoing shall apply to all per diem and travel expense allowances on and after April 1, 1957.

(2) In computing the per diem in lieu of subsistence for continuous travel of more than twenty-four hours the calendar day (midnight to midnight) will be the unit, and for fractional parts of a day at the commencement or ending of such continuous travel, constituting a travel period, one-fourth of the rate for a calendar day will be allowed for each period of six hours or fraction thereof. For continuous travel of less than twenty-four hours, constituting a travel period, such period will be regarded as commencing with the beginning of the travel and ending with the completion thereof, and for each six hour portion of ·the' period or fraction thereof one-fourth of the rate for a calendar day will be allowed.

(3) When any state official or employee is stationed in any city or town for a period of over thirty days, such city or town shall be deemed to be his post of duty and he shall not be allowed subsistence, as provided herein, after the said period of thirty days has elapsed unless such subsistence is allowed by the express authority of the state budget commission; provided further that no state official or employee may leave his post of duty to return home over the week-end if such action on the part of such state official or employee will cause him to lose time from his regular dut ies or incur traveling expenses, as provided herein, in excess of the established rate for the subsistence allowable had he remained at his post of duty.

(4) (a) The governor and members of the state cabinet and members of the legislature, and supreme court justices, when traveling on state business without the state may be allowed for subsistence twenty dollars per diem.

(b) All other state officials or employees when traveling on state business without the state may be allowed for subsistence twelve dollars and fifty cents per diem.

(c) The state budget commission is hereby empowered to make such regulations as are necessary to assure verification of actual traveling expenses for out-of-state travel and to establish a ceiling allowance in lieu of actual expenses as found desirable, but not in excess of the per diem as above set forth.

(5) The comptroller shall promulgate such rules and regulations and prescribe such forms as shall be necessary to effectuate the purpose of this section.

(6) The comptroller may pay to properly qualified travel agencies located in the state for the purchase of tickets issued in exchange for state of Florida transportation requests to be used for travel on common carriers upon such agencies obtaining an annual permit from

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PERSONS ELIGffiLE TO OFFICE; RETIREMENT; GROUP INS.; EXPENSES Ch. 112

the comptroller at a cost of twenty-five dollars and under such rules and regulations, including a requirement for a ten thousand dollar bond to

. be furnished by the travel agency, as the comp-troller may deem necessary. . · :

Hlstor;y.-§§1, S, ch: 22830, 1945; am. 1§1-3, ch. 23892, 1947. 1 § 1, 3, ch. 25040, 1949; § § 1, 3, ch. 26910, 1951; sub § (6) repealed by § 1, ch. 28303, 1953; sub. §§ (1), ( 4), am. § 1, ch. 29628,

· 1955; (1) by §1, ch. 57-230; (4)(a) a. by §1, ch. 61-183; (6) n. by § 1, eh. 61-43. . . cf.-§250.19 Expenses for travel on m!Jltary business.

§340.05 Florida state turnpike authority, compensation.

112.07 Fixing terms o:f office of ce~ain officers.-

(1) The terms of office of the successors to the incumbent' members of the state road department, the Florida industrial commission; the director of the state beverage department, the hotel commissioner, and the state motor vehicle commissioner, shall expire with the first Monday in January, A. D. 1945, and thereafter the terms of office of said officials shall begin and run concurrently with the regular terms of office of the successive governors of this state ..

(2) The terms of office of the successors to the incumbent members of the state racing commission shall expire on the first Monday ~n January, A. D. 1945, and thereafter the terms of office of said officials shall be for two years beginning in each instance on the first Tuesday after the first Monday in January and ending with the first Monday in January each two years thereafter.

(3) The governor is hereby authorized to make appointments and issue commissions for the full term of any of the offices covered by this section or for any fractional part of such term, but nothing herein contained shall be construed to repeal or modify any existing law requiring confirmation by the senate of the appointment of any such official, or any repeal or modification of any requirement of law as to the qualification, eligibility or other limitation upon the appointment, suspension or removal of any such official, inasmuch as the purpose of this section is to cause the terms of office of all the officials named in this section to expire concurrently with the terms of office of the successive governors of Florida.

Hlstor;y.-§§1-3, ch. 20299, 1941

112.08 Group insurance for public employees.-From and after the passage of this law, each and every county, county board of public instruction, governmental unit, department, board, or bureau, of the state, be, and each of them is hereby authorized, empowered and permitted to provide for life, health, accident, hospitalization or annuity insurance, or all of any kinds of such insurance, for the employees thereof, upon a group insurance plan, and to that end to enter into agreements with insurance companies to provide .such insurance.

Hlstor;y.-§1, ch. 20852, 1941.

112.09 Evidence of election to provide insurance--The election to exercise such authority shall be evidenced by resolution, duly recorded in the official minutes, adopted by the board of county commissioners in the case of

a county, by the county board of public instruction. in the case of a school board and by the members of the board, or department head if an individual, in the case of any state department, board or bureau, and by the governing

. body by resolution or ordinance in the case of any other governmental unit of the state of Florida.

Blstory.-§2, ch. 20852, 1941.

112.10 Deduction and payment of premiums. -Upon the request in writing of any employee, the proper officials of each and every county, county board of public instruction, governmental unit, department, board or bureau of the state, are hereby authorized and empowered to deduct from the wages of such employee, periodically, the amount of the premium which such employee has agreed to pay for such insurance, and to pay or remit the same directly to the insurance company issuing such group insurance.

Hlstor;y.-§3, ch. 20852, 1941.

112.11 Participation voluntary.-The participation in such group insurance by any employee shall be entirely voluntary at all times. Any employee may upon any pay day, withdraw or retire from such group insurance plan, upon giving his employer written notice thereof, and directing the discontinuance of deductions from wages in payment of such premiums.

Hlstor;y.-§4, ch. 20852, 1941.

112.12 Premiums for insurance of school teachers.-Provided that in event any school board should include school teachers under any policy provided for by this law, then no part of the premium therefor as to such teachers shall be paid from any public funds.

Hlstor;y,-§5-A, ch. 20852, 1941.

112.13 Insurance additional to workmen's compensation.-The insurance permitted and allowed under this law shall be in addition to, and in no manner in lieu of the provisions of the Florida Workmen's Compensation law.

Hlstory,-§6, ch. 20862, 1941.

112.14 Purpose and intent of law.-It is hereby declared to be the purpose and intent of this law to make available upon a voluntary participation basis to the several employees aforesaid, the economics, protection and benefits of group insurance not available to each employee as an individual.

Hlstor;y,-§6, ch. 20852, 1941.

112.16 Change in position or reclassification; continuance or resumption of membership in retirement system.-

(1) Any person who is a participant in any state or county retirement system, who changes his position of employment, or who is reclassified so that under any existing law such person would participate in a different retirement system, may continue to participate and come under the same retirement system in which he

· participated or came under before changing positions or being reclassified so long as such

447

Ch. 112 PERSONS ELIGIBLE TO OFFICE; RETIREMENT; GROUP INS.; EXPENSES

person remains in the employ of the state or county and continues to make the contributions required by law. Any person who has changed positions or been reclassified heretofore may come back under and participate in the retirement system to which he belonged before such change. or reclassification upon payment of all back contributions, plus three per cent interest per annum, that he would have been required by law had he continued to participate and come under such system continuously, such election to be made and payment to be made on or before the time of retirement.

(2) The .provisions of this section shall supersede any existing law relating to state and county retirement systems or pensions, provided nothing herein shall be construed to apply to state supreme court justices, as provided in chapter 25; nor to circuit judges as provided by chapter 38; nor to members of the department of public safety as provided by chapter 321; nor to members of Duval county employees pension fund as provided in chapter 23259, Acts, 1945, as amended by chapter 27520, Acts, 1951, and chapter 27523, Acts, 1951.

matoi'J.-comp. lfl, 2, ch. 67-762.

112.171 Employee wage deductions.-The state or any of its departments, ag·encies, bureaus, commissions and officers; the counties, municipalities and special districts of the state and the departments, agencies, bureaus, commissions and officers thereof are authorized and permitted in their sole discretion to make deductions from the salary or wage of any employee or employees in such amount as shall be authorized and requested by such employee or employees and for such purpose as shall be authorized and requested by such employee or employees and shall pay such sums so deducted as directed by such employee or employees.

It is the intent and purpose of this section to vest in the public officers, agencies and commissions herein enumerated the sole power and discretion to approve or disapprove requested deductions and the approval of and making of approved deductions shall not require the approval or making of other requested deductions.

Bbtor:r.-11. ch. u-.as~.

' 448

COMMISSIONS Ch. 113

CHAPTER 113 COMMISSIONS

113.01 Fee for commissions issued by governor. 113.02 Fee to be paid before commissions issued. 113.03 Disposition of proceeds. 113.04 Fidelity bond premiums.

113.01 · Fee for commissions issued by governor.-A fee of ten dollars is prescribed for the issuance of each commission of every kind issued by the governor of the, state and attested by the secretary of state; except that no fee shall be required for issuance of commissions to officers of the Florida national guard; and, except that the fee is five dollars for commission issued to notary public; and, excepting further that no fee shall be required for the issuance of a commission as a notary public to a veteran of the Spanish American war, world war I, world war II and the Korean war who has a disability rating by the United States of fifty per cent or more.

Hlstory.-§1, ch. 14669, 1931; §1, ch. 16925, 1933; 11, ch. 17133, 1936; CGL 1936 Supp. 406(1), 460(4), 479(1).

Am, § 1, ch. 28296, 1953. ef.-§117.01 Appointment, term of offtce, powers, bond and

oath-notary public. § § 15.08, 15.09 Commission fees.

113.02 Fee to be paid before commissions issued.-No commission shall be issued by the governor or attested by the secretary of state or bear the seal of the state until the fee fixed and required by §113.01 shall first be paid as therein provided.


113.03 Disposition of proceeds. -All fees shall be paid by the secretary of state into the state treasury and shall be used for such purposes as the legislature may determine.

Hiatory.-§3, ch. 14669, 1931; CGL 1936 Supp. 460(8).

113.04 Fidelity bond premiums.-When any state officer or employee is required by statute or by the head of any state department to secure and give a fidelity bond, the premium therefor shall be paid from the necessary and regular expense account of the department to which such officer or employee shall be attached.

Hlstory.-§1, ch. 17766, 1937; CGL 1940 Supp. 469(1). cf.-§237.31 Bonds required for school officials.

§113.07(4) Cost and payment of premium on bond.

113.05 No commission to issue until bond filed, etc.-No commission shall be issued by · the governor of this state to any person who is bv law ·required to give bond before he shall

113.05 No commission to issue until bond filed. etc. 113.06 Record of commission, oath and acceptance. 113.07 Bond by surety company; when required.

enter upon the duties of his office until after such bond shall have been duly executed, approved and filed in the office where it is required by law to be deposited, and official notice thereof given to the governor.

Hlstory.-§1, ch. 227, 1849; RS 212; 11, ch. 6178, 1808; G8 296; RGS 394; CGL 469.

113.06 Record of commission, oath and acceptance.- Every commission issued by the governor shall be recorded in the office of the secretary of state in a book of commissions and an index made thereof, and the oath of office of the person named in said commission shall be endorsed on said commission, and accompanying the commission there shall be transmitted to each officer a printed acceptance of said commission, and his oath of office, which shall be subscribed and taken by such officer, and returned to the office of the secretary of state and filed therein, and a note thereof made on the record of said commission by the secretary of state.

Hlstory.-§2, ch. 12, 1846; RS 213; GS 297; RGS 896; CGL 460.

113.07 Bond by surety company; when required.-

(1) In all cases where public officials, not honorary, either state, county or district, are now, or shall hereafter be required to post fidelit7 or performance bonds, all such bonds shall be written by surety companies authorized by law to do business in the state.

(2) The provisions of this law shall not apply to deputy sheriffs nor to notaries public.

(3) No such official shall be qualified to hold office or perform the duties thereof until such surety bond has been filed.

( 4) The cost of the premium on such bond shall be paid out of the general revenue fund of the state, or out of the county or out of the various districts, depending upon the class into which such officer belongs. In the event any excess premium over the base premium rate should be charged in the procurement of the bonda herein provided for, such excess premium shall be paid by the individual officer or official.

History .-111-4, ch. 20623, 1941. cf.-§198.07 Appointment of agents of commissioner of rennue.

§113.04 Fidelity bond premium.

449

Ch. 114 VACATING OFFICE

CHAPTER 114

VACATING OFFICE

114.01 Office deemed vacant in certain cases. 114.02 Absence from state of certain officers.

114.01 Office deemed vacant in certain cases.-Every office shall be deemed vacant in the following cases:

(1) By the death of the incumbent. (2) By his resignation. (3) By his removal. ( 4) By his ceasing to be an inhabitant of the

state, district, county, town or city for which he shall have been elected or appointed.

(5) By his neglect or refusal to qualify according to law within sixty days after his election or appointment, or by his refusal to accept the office.

(6) When any office created or continued by the constitution or laws shall not have been filled by election or appointment under the constitution or law creating or continuing such office.

(7) The conviction of the incumbent of any felony, or an offense involving a violation of his official oath.

(8) The decision of a competent tribunal declaring void his election or appointment, and his removal by said tribunal.

( 9) The governor may also declare vacant the office of every officer required by law to execute an official bond, when a judgment shall be obtained against such officer for the breach of the condition of such bond.

(10) If any officer shall be required by law to give a bond in the performance of any duty of his office, and shall fail so to do, the governor may declare the office vacant.

Hlstory.-§1, ch. 1633, 1868; RS 214; GS 298; RGS 896; CGL 461.

114.02 Absence from state of certain offlcers.-When any administrative officer of the executive department shall desire to absent himself from the state he shall be permitted to do so upon notifying the governor in writing of such intention, but he shall return to the state and to the performance of his duties

114.03 Administrative officers of executive depart-ment not to absent themselves.

114.04 Filling vacancies.

whenever requested by the governor to do so, and upon his f ailure so to do the governor may declare his office vacant and may fill the same as provided by law.

Hlstory.-ch. 1749, 1870; RS 216; GS 299; RGS 897; CGL 462.

114.03 Administrative officers of executive department not to absent themselves. - The secretary of state, the attorney general, comptroller, treasurer, superintendent of public instruction and commissioner of agriculture shall reside at the capital of the state; and, without the consent of the governor and a majority of his cabinet, no member of said cabinet shall absent himself for a longer period of time than thirty days. And in case any incumbent shall fail to comply with and observe the requirements hereof, it shall be deemed an abandonment and vacation of the office, and the governor may fill such vacancy and office according to law.

Hlstory.-ch. 1846, 1871; RS 216; GS 800; RGS 898; CGL 463.

114.04 Filling vacancies.-In all such cases, and in all other cases in which a vacancy may occur, if the office be a state, district or county office (other than a member or officer of the legislature), the governor shall fill such office by appointment, and the person so appointed shall be entitled to take and hold such office until the same shall be filled by an election as provided by law, and in cases requiring the confirmation or the advice and consent of the senate, the person so appointed may hold until the end of the next ensuing session of the senate unless an appointment be sooner made and confirmed and consented to by the senate.

Hlstory.-§2, ch. 1633, 1868; RS 217; GS 301; RGS 8118; CGL 464. cf.-§100.111, Vacancles, fnllnr.

450

(8) (7), as ch. f fll, ch. 101.180 form of presidential ... · phraseology of the substance of the...

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