Public Inspection of Ballots

The Florida Public Records Law (F.S. 119.07(5) ) and Election Code (F.S.101.572) treat ballots as public records subject to public inspection and examination upon request.  Any member of the public is entitled to inspect any or all of the ballots, however, only an employee of the supervisor of elections can touch the original ballot.  The law contemplates that a ballot inspection might occur before the deadline for filing an election contest suit (10 days following certification).  If an inspection is requested before the contest deadline, the supervisor must make a reasonable effort to notify all candidates of the inspection and allow them to attend the inspection.

Ballots do not reveal the identity of the voter, so a citizen’s vote remains secret as required by law. (F.S. 101.041).

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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  1. Pingback: Concerns Over Limited Ballot Audits in Florida | Florida Election Law Issues

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