§ 101.5608, Fla. Stat. · Chapter 101. VOTING METHODS AND PROCEDURE
Voting at the polls; procedures.
Not yet in force
The 2026 edition prints this section as amended by section 18 of chapter 2026-26, Laws of Florida, which takes effect January 1, 2027. Until then, the text in force does not include that amendment.
Text in force until December 31, 2026 — 2025 Florida Statutes
This is the text of section 101.5608 as printed in the 2025 Florida Statutes. Section 18 of chapter 2026-26, Laws of Florida changes it effective January 1, 2027; the 2026 edition prints the changed text. No 2026 act changes this section with an earlier effective date (the section's own history line names no other 2026 act). BenchPath derived this from the acts' effective-date clauses; confirm with the official publisher before relying on it.
(1) Each elector desiring to vote shall be identified to the clerk or inspector of the election as a duly qualified elector of such election and shall sign his or her name on the precinct register or other form or device provided by the supervisor. The inspector shall compare the signature with the signature on the identification provided by the elector. If the inspector is reasonably sure that the person is entitled to vote, the inspector shall provide the person with a ballot.
(2) When an electronic or electromechanical voting system utilizes a ballot card or marksense ballot, the following procedures shall be followed:
(a) After receiving a ballot from an inspector, the elector shall, without leaving the polling place, retire to a booth or compartment and mark the ballot. After marking his or her ballot, the elector shall place the ballot in a secrecy envelope so that the ballot will be deposited in the tabulator without exposing the voter’s choices.
(b) Any voter who spoils his or her ballot or makes an error may return the ballot to the election official and secure another ballot, except that in no case shall a voter be furnished more than three ballots. If the vote tabulation device has rejected a ballot, the ballot shall be considered spoiled and a new ballot shall be provided to the voter unless the voter chooses to cast the rejected ballot. The election official, without examining the original ballot, shall state the possible reasons for the rejection and shall provide instruction to the voter pursuant to s. 101.5611. A spoiled ballot shall be preserved, without examination, in an envelope provided for that purpose. The stub shall be removed from the ballot and placed in an envelope.
(c) The supervisor of elections shall prepare for each polling place at least one ballot box to contain the ballots of a particular precinct, and each ballot box shall be plainly marked with the name of the precinct for which it is intended.
(3) The Department of State shall promulgate rules regarding voting procedures to be used when an electronic or electromechanical voting system is of a type which does not utilize a ballot card or marksense ballot.
(4) In any election in which a write-in candidate has qualified for office, the supervisor of elections shall provide for write-in voting pursuant to rules adopted by the Division of Elections.
Source: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0101/0101.html&StatuteYear=2025 · sha256 0787a2853a6ac5366847a8e92abec07b03a0f6fa27ea4d3c3f02cfb77b33a7ec
Text — 2026 Florida Statutes (as printed, with the change not yet in force)
(1) Each voter desiring to vote must be identified to the clerk or inspector of the election as a duly qualified voter of such election and must sign his or her name on the precinct register or other form or device provided by the supervisor. The inspector shall compare the signature with the signature on the identification provided by the voter. If the inspector is reasonably sure that the person is entitled to vote, the inspector must provide the person with a ballot.
(2) When an electronic or electromechanical voting system utilizes a ballot, the following procedures must be followed to vote:
(a) After receiving a ballot from an inspector, the voter shall, without leaving the polling place, retire to a booth or compartment and mark the ballot. After marking his or her ballot, the voter must place the ballot in a secrecy envelope so that the ballot will be deposited in the tabulator without exposing the voter’s choices.
(b) Any voter who spoils his or her ballot or makes an error may return the ballot to the election official and secure another ballot, except that in no case shall a voter be furnished more than three ballots. If the vote tabulation device has rejected a ballot, the ballot must be considered spoiled and a new ballot must be provided to the voter unless the voter chooses to cast the rejected ballot. The election official, without examining the original ballot, shall state the possible reasons for the rejection and provide instruction to the voter pursuant to s. 101.5611. A spoiled ballot must be preserved, without examination, in an envelope provided for that purpose.
(c) The supervisor of elections shall prepare for each polling place at least one ballot box to contain the ballots of a particular precinct, and each ballot box must be plainly marked with the name of the precinct for which it is intended.
(3) The Department of State shall promulgate rules regarding voting procedures to be used when an electronic or electromechanical voting system is of a type which does not utilize a ballot.
(4) In any election in which a write-in candidate has qualified for office, the supervisor of elections shall provide for write-in voting pursuant to rules adopted by the Division of Elections.
Notes and commentary — not statutory text
History
s. 8, ch. 73-156; s. 21, ch. 77-175; s. 13, ch. 81-105; s. 5, ch. 82-143; s. 12, ch. 84-302; s. 579, ch. 95-147; s. 20, ch. 2001-40; s. 11, ch. 2002-17; s. 36, ch. 2005-277; s. 35, ch. 2005-278; s. 20, ch. 2008-95; s. 18, ch. 2026-26.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0101/0101.html
- Text hash
- sha256 0eae46052dbcbba8ac0cffa65fbfdc76892c6c8be4265b967f0b6c1257a59ccb
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
- L6-03: 1 change(s) from the 2026 Laws of Florida take effect after 2026-10-04
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
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