Jacobs v. Seminole County Canvassing Board
773 So.2d 519
773 So.2d 519, 25 Fla. L. Weekly S1123, 26 Fla. L. Weekly S6
(Cite as: 773 So.2d 519)
instructions. In this instance, thousands of request forms
without voter identification numbers were returned to the
Supervisor's office. Thereafter, Republican Party representatives, who were not employed in the Supervisor's office,
used the Supervisor's office and equipment to add voter
identification numbers to request forms. Once the voter
identification numbers were added, the Supervisor accepted
the requests and sent absentee ballots to the persons named
on the request forms.
[1][2][3] In its comprehensive order, the trial court denied
relief, stating in relevant part:
The first issue for this court to decide is whether the absentee voting laws require strict compliance with all its
provisions, or whether substantial compliance is sufficient
to give validity to the ballots. Did the addition of voter registration identification numbers on the request forms
after they were submitted to the Supervisor constitute
such an irregularity that the ballots cast thereafter should
be invalidated, or did the addition of that information constitute a violation of the absentee voter election laws that
did not impugn or compromise the integrity of the ballots
cast or ultimately the election itself?
Section 101.62, Florida Statutes, provides that the supervisor of elections my[may] accept a request for absentee
ballots from an elector and that the person making the request must disclose:
1. The name of the elector for whom the ballot is requested;
2. The elector's address;
3. The last four digits of the elector's social security number;
4. The registration number on the elector's registration
identification card;
5. The requester's name;
6. The requester's address;
7. The requester's social security number and, if available,
driver's license number;
*522 8. The requester's relationship to the elector; and
9. The requester's signature (written requests only).
(emphasis supplied).
Although the statute clearly sets forth what must be disclosed by the person requesting the absentee ballot, there
is no statutory directive regarding the treatment of absent-
Page 3
ee ballot requests which do not contain all of the information required by Section 101.62(1)(b), Florida Statutes. In
contrast, there is a clear statutory directive regarding the
treatment of absentee ballots which do not contain all of
the information required on the ballot. Section 101.68(2),
Florida Statutes specifically provides that a ballot that
fails to include the statutory elements is illegal....
[In McLean v. Bellamy, 437 So.2d 737, 742-743 (Fla. 1st
DCA 1983), the court stated:
Our examination of Section 101.62 leads us to conclude
that its provisions are directory. We are unable to glean
from the provision of that section a legislative intent that
the failure to follow the letter of its provisions should result in the invalidation of absentee ballots cast by qualified
electors who are also qualified to vote absentee.] [FN1]
FN1. The language in the brackets was included in
another portion of the trial court's order.
[A]fter rampant absentee voter fraud occurred in the
Miami mayoral election, the Miami Beach City Commission election and the Hialeah mayoral election, the Florida Legislature amended and detailed absentee voter laws
to include the requirements now found in Section 101.62,
Florida Statutes.... Unless a statutory provision also specifically states that the lack of information voids the ballot, the lack of the information does not automatically
void the ballot. See, Final Bill Research & Economic Impact Statement, House of Representatives Committee on
election Reform, CS/HB Sections 3743, 3941 at page 8
(passed as CS/HB 1402) on May 12, 1998.
Because the irregularities in the casting of the actual ballot are directory unless specified in a statute as mandatory, it follows that the information listed as necessary for
a request for an absentee ballot is directory, and not mandatory. It cannot be said that the lack of a voter registration identification number on an absentee ballot request is
calculated to effect the integrity of the request itself or the
subsequent ballot or the election, when substantial other
identifying information has been included on the request.
In comparison, Section 102.68(2)(c), Florida Statutes requires that a voters name, address and signature must be
included on an absentee ballot. That section goes on to
provide specifically that the failure to include the absentee
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
291
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