The Resolution of Election Disputes: Legal Principles that Control Election Challenges 323 So.2d 259. 323 So.2d 259 (Cite as: 323 So.2d 259) Page 1 Supreme Court of Florida. Edward F. BOARDMAN, Petitioner, v. Henry ESTEVA, Respondent. No. 46282. Sept. 30, 1975. Rehearing Denied Jan. 6, 1976. Candidate brought suit seeking to be declared winner of election on basis of machine vote only and to have election declared illegal in respect to absentee ballots cast. The Circuit Court, Leon County, dismissed and contestant appealed. The District Court of Appeal, First District, 299 So.2d 633 reversed and certiorari was filed. The Supreme Court, Adkins, C.J., held that, in absence of indication that absentee ballots were not case by qualified registered voters who were entitled to vote abentee, presumption of correctness of election officials' returns counting such ballots stood, and that where circuit court required county convassing board to assign a number to each absentee elector to maintain integrity of absentee ballots for judicial review, the order was entered subsequent to actual casting of absentee ballots, ballots were not invalidated on theory of violation of right of secrecy. Decision of District Court of Appeal quashed and cause remanded with instructions to reinstate and affirm judgment of trial court. Overton, J., concurred with an opinion. England, J., concurred specially to conclusion with an opinion. Williams, Circuit Judge, concurred specially with an opinion. West Headnotes [1] Elections 216.1 144k216.1 Most Cited Cases Substantial compliance with absentee voting laws is all that is required to give legality to the ballot. West's F.S.A. §§ 101.62, 101.62(3), 101.64, 101.67(3), 101.68, 101.68(1). 154 [2] Elections 216.1 144k216.1 Most Cited Cases Accommodation of public is primary basis for privilege of absentee voting. West's F.S.A. §§ 101.62, 101.62(3), 101.64, 101.67(3), 101.68, 101.68(1). [3] Elections 198 144k198 Most Cited Cases Unless absentee voting law expressly declares that particular act is essential to validity of the ballot, or that its omission will cause ballot not to be counted, statute should be treated as directory, not mandatory, provided such irregularity is not calculated to affect integrity of the ballot or election. West's F.S.A. §§ 101.62, 101.62(3), 101.67, 101.67(3). [4] Elections 227(8) 144k227(8) Most Cited Cases Insignificant omissions or irregularities appearing on application form suggested by statute do not void absentee ballot if information appearing on application is sufficient to show qualifications of applicant to vote absentee and omissions or irregularities are not essential to sanctity of the ballot. West's F.S.A. § 101.62. [5] Elections 198 144k198 Most Cited Cases Absentee voting statutes, which are in derogation of common law, must be strictly construed, but strict construction does not necessarily mean strict compliance. West's F.S.A. §§ 101.62, 101.64, 101.67(3). [6] Elections 198 144k198 Most Cited Cases In interpreting absentee voter law, intention of legislature, as ascertained from consideration of law as a whole, prevails over literal meaning of any of terms used. F.S.A. §§ 101.62, 101.64, 101.67(3). [7] Elections 216.1 144k216.1 Most Cited Cases If statutory requirements with respect to absentee voting are complied with to extent that duly responsible election officials can ascertain that electors whose votes are being canvassed are qualified and registered to vote and that they do © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.