The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 97
QUALIFICATION AND REGISTRATION OF ELECTORS

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F.S. 97.012

97.012 Secretary of State as chief election officer.—The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws. In order to obtain and maintain uniformity in the interpretation and implementation of the election laws, the Department of State may, pursuant to ss. 120.536(1) and 120.54, adopt by rule uniform standards for the proper and equitable interpretation and implementation of the requirements of chapters 97 through 102 and 105 of the Election Code.

(2) Provide uniform standards for the proper and equitable implementation of the registration laws by administrative rule of the Department of State adopted pursuant to ss. 120.536(1) and 120.54.

(3) Actively seek out and collect the data and statistics necessary to knowledgeably scrutinize the effectiveness of election laws.

(4) Provide technical assistance to the supervisors of elections on voter education and election personnel training services.

(5) Provide technical assistance to the supervisors of elections on voting systems.

(6) Provide voter education assistance to the public.

(7) Coordinate the state’s responsibilities under the National Voter Registration Act of 1993.

(8) Provide training to all affected state agencies on the necessary procedures for proper implementation of this chapter.

(9) Ensure that all registration applications and forms prescribed or approved by the department are in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993.

(10) Coordinate with the United States Department of Defense so that armed forces recruitment offices administer voter registration in a manner consistent with the procedures set forth in this code for voter registration agencies.

(11) Create and administer a statewide voter registration system as required by the Help America Vote Act of 2002. The secretary may delegate voter registration duties and records maintenance activities to voter registration officials. Any responsibilities delegated by the secretary shall be performed in accordance with state and federal law.

(12) Maintain a voter fraud hotline and provide election fraud education to the public.

(13) Designate an office within the department to be responsible for providing information regarding voter registration procedures and vote-by-mail ballot procedures to absent uniformed services voters and overseas voters.

(14) Bring and maintain such actions at law or in equity by mandamus or injunction to enforce the performance of any duties of a county supervisor of elections or any official performing duties with respect to chapters 97 through 102 and 105 or to enforce compliance with a rule of the Department of State adopted to interpret or implement any of those chapters.

(a) Venue for such actions shall be in the Circuit Court of Leon County.

(b) When the secretary files an action under this section and not more than 60 days remain before an election as defined in s. 97.021, or during the time period after the election and before certification of the election pursuant to s. 102.112 or s. 102.121, the court, including an appellate court, shall set an immediate hearing, giving the case priority over other pending cases.

(c) Prior to filing an action to enforce performance of the duties of the supervisor of elections or any official described in this subsection, the secretary or his or her designee first must confer, or must make a good faith attempt to confer, with the supervisor of elections or the official to ensure compliance with chapters 97 through 102 and 105 or the rules of the Department of State adopted under any of those chapters.

(15) Conduct preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate petition, or issue petition activities and report his or her findings to the statewide prosecutor or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if warranted. The Department of State may prescribe by rule requirements for filing an elections-fraud complaint and for investigating any such complaint.

(16) Provide written direction and opinions to the supervisors of elections on the performance of their official duties with respect to the Florida Election Code or rules adopted by the Department of State.

(17) Provide mandatory formal signature matching training to supervisors of elections and county canvassing board members. Any person whose duties require verification of signatures must undergo signature matching training. The department shall adopt rules governing signature matching procedures and training.

History.—s. 1, ch. 75-98; s. 21, ch. 84-302; s. 2, ch. 89-348; s. 1, ch. 90-315; s. 2, ch. 94-224; s. 1381, ch. 95-147; s. 34, ch. 97-13; s. 1, ch. 98-129; s. 1, ch. 2003-415; s. 1, ch. 2005-277; s. 1, ch. 2005-278; s. 1, ch. 2008-95; s. 1, ch. 2011-40; s. 1, ch. 2016-37; s. 1, ch. 2019-162; s. 1, ch. 2023-120.

F.S. 97.012 on Google Scholar

F.S. 97.012 on Casetext

Amendments to 97.012

Arrestable Offenses / Crimes under Fla. Stat. 97.012

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 97.012.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ORANGE COUNTY, v. SINGH,, 268 So. 3d 668 (Fla. 2019)

. . . ." § 97.012(1), Fla. Stat. (2018). . . .

DEMOCRATIC EXECUTIVE COMMITTEE OF FLORIDA, US v. M. LEE, In, 915 F.3d 1312 (11th Cir. 2019)

. . . . § 97.012 (2016) ; Fla. . . .

MADERA, Mi v. W. DETZNER, A., 325 F. Supp. 3d 1269 (N.D. Fla. 2018)

. . . . § 97.012 ; see also League of Women Voters v. Detzner , 314 F.Supp.3d 1205, 1211 (N.D. . . . Stat. § 97.012(1). . . . Stat. § 97.012(1). There is no qualifying language in the rule. . . . Stat. § 97.012(14). . . . Stat. § 97.012(16). . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. W. DETZNER,, 314 F. Supp. 3d 1205 (N.D. Fla. 2018)

. . . . § 97.012. . . . Stat. § 97.012(1). . . . Stat. § 97.012(16). . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. W. DETZNER,, 354 F. Supp. 3d 1280 (N.D. Fla. 2018)

. . . . § 97.012. . . . Stat. § 97.012. Moreover, a favorable ruling can redress Plaintiffs' injuries. . . . Stat. § 97.012(1). . . .

BELLITTO v. SNIPES, v., 221 F. Supp. 3d 1354 (S.D. Fla. 2016)

. . . . § 97.012 (“The Secretary of State is the chief election officer of the state”). . . . Stat. § 97.012(7), (11); see United States v. . . .

FLORIDA DEMOCRATIC PARTY, v. SCOTT,, 215 F. Supp. 3d 1250 (N.D. Fla. 2016)

. . . . § 97.012, Fla. Stat. (2016). . . .

FLORIDA, v. UNITED STATES, 885 F. Supp. 2d 299 (D.D.C. 2012)

. . . . §§ 20.10, 97.012. . . . Id. § 97.012. 7. . . .

ELECTED COUNTY MAYOR POLITICAL COMMITTEE, INC. v. E. SHIRK,, 989 So. 2d 1267 (Fla. Dist. Ct. App. 2008)

. . . Constitutional Amendment by Initiative Petition (adopted under the specific authority of sections 20.10(3), 97.012 . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, v. S. BROWNING, L., 575 F. Supp. 2d 1298 (S.D. Fla. 2008)

. . . . § 97.012. . . .

DIAZ A. AFL- CIO AFL- CIO v. M. COBB, C., 541 F. Supp. 2d 1319 (S.D. Fla. 2008)

. . . . § 97.012 (2005) & (2006). . . . Stat. §§ 97.012(11) and 98.015 (2004) & (2005). . . .

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

. . . .” § 97.012(1). . . . Moreover, pursuant to section 97.012(1), which grants the Secretary of State authority to “adopt by rule . . . [o]b-tain and maintain uniformity in the interpretation and implementation of the election laws.” § 97.012 . . . obtaining and maintaining “uniformity in the interpretation and implementation of the election laws.” § 97.012 . . . upon the Secretary of State the responsibility for uniformly implementing the state’s election laws. § 97.012 . . .

M. COBB, v. THURMAN, St. A. V., 957 So. 2d 638 (Fla. Dist. Ct. App. 2006)

. . . . § 97.012, Fla. Stat. . . . statutes relating to the responsibilities of election officials to provide voter information are sections 97.012 . . . , 101.031(1), 101.031(2), and 101.5611(1), Florida Statutes, which state: 97.012 Secretary of State as . . .

FLORIDA DEPARTMENT OF STATE, DIVISION OF ELECTIONS, v. MARTIN,, 916 So. 2d 763 (Fla. 2005)

. . . The Department asserts, however,' that section 97.012, Florida Statutes (2004), which delineates the . . . Specifically, the Department asserts that section 97.012 appoints the Secretary of State as the chief . . . Thus, the responsibilities imposed on the Secretary by section 97.012 are inapplicable to the Department . . . the Department’s discretion is limited by the requirement for orderly elections provided in section 97.012 . . .

WEXLER v. LEPORE, E., 342 F. Supp. 2d 1097 (S.D. Fla. 2004)

. . . . §§ 97.012(1), 106.23(2). . . .

JACKSONVILLE COALITION FOR VOTER PROTECTION, AFL- CIO, CLC, v. HOOD,, 351 F. Supp. 2d 1326 (M.D. Fla. 2004)

. . . . § 97.012. . . . State Law Claim Florida Statutes, section 97.012(1) vests in the Secretary of State the responsibility . . .

WEXLER v. LEPORE, E., 319 F. Supp. 2d 1354 (S.D. Fla. 2004)

. . . . §§ 97.012(1), 106.23(2). . . .

BUSH v. GORE, 531 U.S. 98 (U.S. 2000)

. . . . §97.012(1) (Supp. 2001), and to state circuit courts, §§ 102.168(1), 102.168(8). . . . Ann. § 97.012 (Supp. 2001). . . . ojbtain and maintain uniformity in the application, operation, and interpretation of the election laws,” §97.012 . . .

HARRIS, v. FLORIDA ELECTIONS CANVASSING COMMISSION, v., 122 F. Supp. 2d 1317 (N.D. Fla. 2000)

. . . . § 97.012, the Secretary of State is dubbed the chief elections officer, and has the responsibility . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1133 (11th Cir. 2000)

. . . . § 97.012(1), but the actual conducting of elections takes place in each of the various counties of . . . The Secretary of State, pursuant to her authority under section 97.012(1), interpreted the statutory . . . Stat. § 97.012(1). . . . Stat. § 97.012(8). . . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1220 (Fla. 2000)

. . . Section 97.012(1) states that it is the Secretary’s responsibility to “[o]btain and maintain uniformity . . . Stat. . § 97.012, Fla. Stat. (2000). . § 98.015, Fla. Stat. (2000). . § 102.012(1), Fla. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE TERM LIMITS PLEDGE, 718 So. 2d 798 (Fla. 1998)

. . . .” § 97.012, Fla. Stat. (1997). . . .

SANCHO, v. JOANOS,, 715 So. 2d 382 (Fla. Dist. Ct. App. 1998)

. . . the Florida Secretary of State, who is designated the chief election officer of the state by section 97.012 . . .

SOCIALIST WORKERS PARTY, v. LEAHY,, 145 F.3d 1240 (11th Cir. 1998)

. . . responsibility for the “general supervision and administration of the election laws.... ” Sections 97.012 . . . Section 97.012, Fla. Stat. . . . Thus, based on the two Secretaries’ actions in this matter, as well as Sections 97.012 and 15.13, Fla . . .

NIKOLITS, v. NICOSIA,, 682 So. 2d 663 (Fla. Dist. Ct. App. 1996)

. . . See § 97.012(1), Fla. Stat. (1995). . . .

SOCIALIST WORKERS PARTY, a a v. LEAHY,, 927 F. Supp. 1554 (S.D. Fla. 1996)

. . . . § 97.012. . . . maintaining “uniformity in the application, operation, and interpretation of the election laws.” § 97.012 . . .

DUKE, J. H. Jr. S. J. v. SMITH, T. K. M., 784 F. Supp. 865 (S.D. Fla. 1992)

. . . officer is chosen to serve on the selection committee as the chief election officer of the state, § 97.012 . . .

FAIR, v. ANTISTA,, 461 So. 2d 1344 (Fla. 1984)

. . . maintain uniformity in the application of the election laws, as is the Department’s duty, under section 97.012 . . .