The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

View Entire Chapter

F.S. 101.572

101.572 Public inspection of ballots.—

(1) The official ballots and ballot cards received from election boards and removed from vote-by-mail ballot mailing envelopes and voter certificates on such mailing envelopes shall be open for public inspection or examination while in the custody of the supervisor of elections or the county canvassing board at any reasonable time, under reasonable conditions; however, no persons other than the supervisor of elections or his or her employees or the county canvassing board shall handle any official ballot or ballot card. If the ballots are being examined prior to the end of the contest period in s. 102.168, the supervisor of elections shall make a reasonable effort to notify all candidates whose names appear on such ballots or ballot cards by telephone or otherwise of the time and place of the inspection or examination. All such candidates, or their representatives, shall be allowed to be present during the inspection or examination.

(2) A candidate, a political party official, or a political committee official, or an authorized designee thereof, shall be granted reasonable access upon request to review or inspect ballot materials before canvassing or tabulation, including voter certificates on vote-by-mail envelopes, cure affidavits, corresponding comparison signatures, duplicate ballots, and corresponding originals. Before the supervisor begins comparing signatures on vote-by-mail voter certificates, the supervisor must publish notice of the access to be provided under this section, which may be access to the documents or images thereof, and the method of requesting such access. During such review, no person granted access for review may make any copy of a signature.

History.—s. 2, ch. 86-199; s. 583, ch. 95-147; s. 39, ch. 2005-277; s. 13, ch. 2016-37; s. 21, ch. 2021-11.

F.S. 101.572 on Google Scholar

F.S. 101.572 on Casetext

Amendments to 101.572

Arrestable Offenses / Crimes under Fla. Stat. 101.572

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.572.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. v. S. BROWNING,, 28 So. 3d 880 (Fla. 2010)

. . . Section 101.572, Florida Statutes (2006), which authorizes public inspection of the official ballots, . . . canvassing board would be responsible for handling the ballots during the audits, as provided in section 101.572 . . .

S. BROWNING, v. SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. a L., 968 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . handling of ballots to employees of the office of the supervisor of elections, or the canvassing board, § 101.572 . . . In addition, section 101.572 of the Election Code, styled “Public Inspection of Ballots,” provides that . . .

JUDICIAL WATCH, INC. v. CARROLL, W., 776 So. 2d 300 (Fla. Dist. Ct. App. 2000)

. . . from an order requiring the Supervisor of Elections to comply with the notice provisions of sections 101.572 . . . inspection had been given to all candidates whose names appeared on the ballots as required by section 101.572 . . .