Challenges to Absentee Ballot Voter’s Certificate

The outside of an absentee ballot envelope must contain a statutorily mandated statement called a voter certificate.  The voter certificate must be signed by the voter with a signature which matches the signature on file at the supervisor’s office.  The Election Code requires that  challenges based upon a defect in the voter’s certificate be made before the ballot is removed from the envelope.  The challenge must be filed with the canvassing board and specify the precinct, the ballot, and the reason why the challenger believes the ballot to be illegal. A challenge based upon a defect in the voter’s certificate may not be accepted after the ballot has been removed from the mailing envelope. See FLA. STAT. 101.68.

Thomas D. Shults, Esq.

About Thomas D. Shults, Esq.

Tom Shults is a partner in the law firm of Kirk-Pinkerton P.A. He represents clients in a range of matters including election law issues,complex business and commercial disputes and probate and trust suits. Mr. Shults is a Board Certified Civil Trial Lawyer. Board certification is the highest level of evaluation by The Florida Bar of competency and experience within a specific area of law. Mr. Shults also holds the highest peer rating possible (AV) from the independent attorney rating agency, Martindale Hubbell. He was recently appointed chair of the Code and Rules of Evidence Committee of the Florida Bar and is a recipient of the Distinguished Community Service Award of the Sarasota County Bar Association. He is an Army veteran and was admitted to the Bar in 1983.
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