Boardman v. Esteva 323 So.2d 259. 323 So.2d 259 (Cite as: 323 So.2d 259) Page 2 so in a proper manner, the absentee ballots are legal. West's F.S.A. §§ 101.62, 101.64, 101.67(3), 101.68. [8] Elections 227(8) 144k227(8) Most Cited Cases Even if absentee ballots were invalid because of missing outer envelopes containing statutorily required absentee voters' affidavits, that would not necessitate invalidation of all absentee ballots cast, even though number with missing envelopes would be more than enough to change result of election, where such ballots had been cast in this county and had not been commingled with ballots from other counties. West's F.S.A. §§ 101.62, 101.64, 101.67(3), 101.68(1). [9] Evidence 83(1) 157k83(1) Most Cited Cases Generally, elected officials are presumed to perform their duties in proper and lawful manner in absence of sufficient showing to contrary. [10] Elections 247 144k247 Most Cited Cases Returns certified by election officials are presumed to be correct. [11] Elections 227(8) 144k227(8) Most Cited Cases Voters who have done all the statute requires them to do in casting absentee ballots will not be disfranchised solely because of failure of election officials to observe directory statutory instructions. West's F.S.A. §§ 101.62, 101.64, 101.67(3), 101.68(1). [12] Elections 227(8) 144k227(8) Most Cited Cases Burden is on person contesting validity of absentee ballots to establish that such ballots were irregularly cast. West's F.S.A. §§ 101.62, 101.62(3), 101.67, 101.67(3). [13] Elections 247 144k247 Most Cited Cases In absence of indication that absentee ballots were not cast by qualified registered voters who were entitled to vote absentee, presumption of correctness of election officials' returns counting such ballots stood. West's F.S.A. §§ 101.62, 101.62(3), 101.67, 101.67(3). [14] Elections 216.1 144k216.1 Most Cited Cases By voting absentee, elector waives secrecy of his ballot. West's F.S.A. §§ 101.62, 101.62(3), 101.67, 101.67(3). [15] Elections 213 144k213 Most Cited Cases Privilege of secrecy is personal to voter and, if he so desires, he may waive it. [16] Elections 227(8) 144k227(8) Most Cited Cases Where circuit court required county canvassing board to assign a number to each absentee elector to maintain integrity of absentee ballots for judicial review and order was entered subsequent to actual casting of absentee ballots, absentee ballots cast were not invalidated on theory of violation of right of secrecy. West's F.S.A. §§ 101.62, 101.62(3), 101.67, 101.67(3). [17] Elections 227(8) 144k227(8) Most Cited Cases Voter is only party who has standing to protest violation of right to vote in secret. [18] Elections 298(1) 144k298(1) Most Cited Cases Primary consideration in election contest is whether will of people has been effected. [19] Elections 227(8) 144k227(8) Most Cited Cases In determining effect of irregularities on validity of absentee ballots cast, the following factors shall be considered: presence or absence of fraud, gross negligence, or intentional wrongdoing, whether there has been substantial compliance with essential requirements of absentee voting law; and whether the irregularities complained of adversely affect sanctity of ballot and integrity of election. West's F.S.A. §§ 101.62, 101.62(3), 101.64, 101.67, 101.67(3), 101.68, 101.68(1). *261 J. Michael Hayes, Gregory, Cours, Paniello, Johnson & Hayes, Tampa, and Joseph C. Jacobs and Robert J. © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 155