Hundreds of Florida Absentee Ballots are Dead on Arrival

As this story illustrates, hundreds if not thousands of Florida absentee ballots will not be counted this year because the voter forgot to sign the certificate on the outside of the ballot mailing envelope. F.S. 101.68(2)(c)1. mandates that “[a]n absentee ballot shall be considered illegal if it does not include the signature of the elector…” There is no provision in Florida law which permits a supervisor of elections notify the voter of the error before election day. Moreover, F.S. 101.68(1) states that “[a]fter an absentee ballot is received by the supervisor, the ballot is deemed to have been cast, and changes or additions may not be made to the voter’s certificate.”

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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