Florida Election Laws
All citations reference Florida Statutes, Title IX (Electors and Elections), Chapters 97–106. Always verify against the current codified version at flsenate.gov.
Last Updated: May 2025
- Polling hours (7am–7pm; must be in line by 7pm)
- Voter ID requirements (photo ID required)
- Polling place rules & prohibited activities
- Campaigning distance from polling locations (150 feet)
- Accessibility & disability accommodations
Polls are open from 7:00 AM to 7:00 PM on Election Day. Any voter in line by 7:00 PM must be allowed to vote. Photo ID is required — acceptable forms include a Florida driver's license, U.S. passport, military ID, and others listed under § 101.043. Campaigning, soliciting, or distributing literature is prohibited within 150 feet of any polling place entrance. Supervisors of Elections must provide accessibility accommodations including curbside voting.
- Registration deadline (29 days before election)
- Online registration
- Mail & in-person registration
- Eligibility requirements (age, citizenship, felony status)
- Changing party affiliation
- Automatic registration via DHSMV
Florida closes voter registration books 29 days before any election. Voters may register online, by mail, or in person. To be eligible, a voter must be a U.S. citizen, a Florida resident, at least 18 years old by Election Day, and must not be adjudicated mentally incapacitated or have a disqualifying felony conviction without rights restoration. Party affiliation changes follow the same 29-day deadline. Florida offers automatic voter registration through DHSMV transactions.
- How to request a vote-by-mail ballot
- Request & return deadlines
- Signature match requirements
- Ballot cure process
- Drop box rules & locations
- Ballot harvesting — 2-ballot limit (non-family)
- Authorized designee pickup rules
Any registered voter may request a vote-by-mail ballot. Requests must be received by the Supervisor of Elections no later than 7 days before the election. Returned ballots must be received by 7:00 PM on Election Day — postmarks do not count. Signatures on the return envelope are matched to voter registration records; voters are notified and given an opportunity to cure a signature mismatch. Drop boxes are available at designated locations during early voting hours and at the Supervisor's office during business hours. Ballot harvesting is strictly limited: any person who collects, delivers, or possesses more than two vote-by-mail ballots per election (other than their own or an immediate family member's) commits a first-degree misdemeanor. A designee picking up a ballot on behalf of a voter is subject to the same two-ballot limit.
Florida Ballot Harvesting — The Law, The Cases, The Stakes
The Law
Under § 104.0616, Florida Statutes, any person who collects, delivers, or possesses more than two vote-by-mail ballots per election — other than their own or an immediate family member's — commits a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. This law was strengthened by SB 90 (2021) and SB 524 (2022) in response to concerns about organized ballot collection operations.
Notable Florida Cases & Examples
Miami-Dade Commissioner Race — 1997 (Hialeah)
One of the most documented ballot fraud cases in Florida history. A Miami-Dade grand jury found widespread absentee ballot fraud in the 1997 Miami mayoral and commissioner races. Political operatives — called "boleteros" — were paid to collect, and in some cases forge, absentee ballots in targeted precincts. The Florida Supreme Court ultimately overturned the Miami mayoral election result. This case directly influenced Florida's early restrictions on third-party ballot handling.
Troy Anthony Saunders — Duval County, 2012
A Democratic Party canvasser was charged with multiple counts of submitting fraudulent voter registration forms on behalf of people who did not authorize them or did not exist. Investigators found that forms had been filled out with fictitious information and submitted to the Supervisor of Elections. The case highlighted the risk of unregulated third-party voter registration drives and contributed to the tightening of Florida's 3PVRO rules (§ 97.0575).
Alachua County Absentee Ballot Scheme — 2010
An investigation by the Florida Department of Law Enforcement found that campaign workers in a local Gainesville-area race had improperly collected and, in some cases, tampered with absentee ballots from elderly and assisted-living residents. Residents reported that workers told them how to vote before collecting their ballots. Charges were filed under Florida's election fraud statutes. The case became a reference point in legislative debates over ballot harvesting protections for vulnerable voters.
Fraudulent Absentee Ballot Request Scheme — Miami-Dade, 2020
Florida's Office of Election Crimes & Security investigated a scheme in which individuals submitted fraudulent vote-by-mail requests using other voters' names and addresses — having ballots redirected to addresses the voters did not control. Several arrests were made. Prosecutors cited this case when defending SB 90's requirement that voters re-request mail ballots each election cycle rather than remaining on a permanent list.
Why This Matters for 2026
With 28 congressional races on the ballot and Florida's continued status as a high-turnout state, ballot integrity enforcement will be active. The Office of Election Crimes & Security (§ 97.022), created in 2022, has dedicated investigators. Violations are referred to the Attorney General for prosecution.
Source: FL Dept. of State · Ballotpedia · Miami Herald · Florida Supreme Court Records
- Early voting window & procedures
- Eligible locations
- Hours requirements
Early voting begins no later than 10 days before an election and ends 3 days before Election Day. Supervisors of Elections must offer a minimum of 8 hours per day during the early voting period. Eligible locations include the Supervisor's main office, branch offices, city halls, and permanent public library facilities that have been used as such for at least one year prior to the election.
- Candidate qualifying deadlines & requirements
- Campaign finance reporting
- Electioneering communication restrictions
- Political sign rules
Candidates must qualify during the designated qualifying period by submitting required paperwork and either paying a qualifying fee or submitting a petition with a required number of voter signatures. Campaign finances are governed by Chapter 106 — all contributions and expenditures must be reported on a regular schedule. Electioneering communications (ads that reference a candidate within 30 days of a primary or 60 days of a general election) are subject to disclosure requirements. Political signs are prohibited on public property at polling locations within the 150-foot buffer.
- Canvassing board composition & duties
- Recount triggers & process
- Precinct consolidation rules
- Poll watcher rights & rules
- Election observer access
Each county has a canvassing board composed of the Supervisor of Elections, a county court judge, and the chair of the Board of County Commissioners. The board is responsible for canvassing returns and certifying results. A machine recount is triggered automatically when the margin between candidates is 0.5% or less; a manual recount is triggered at 0.25% or less. Each candidate and political party may appoint poll watchers who are entitled to be present during all aspects of the voting and canvassing process.
Florida Recounts — How They Work & When They've Happened
The Law
Under § 102.166, Florida Statutes, recounts are automatic — no candidate, party, or court order is required to trigger them. The thresholds are:
Machine recount: margin of 0.5% or less of total votes cast.
Manual recount: margin of 0.25% or less after the machine recount.
Manual recounts focus on undervotes (ballots where no choice was recorded by the machine) and overvotes (ballots where too many choices were marked). The canvassing board reviews each such ballot and attempts to determine voter intent.
Historical Florida Recounts
2000 Presidential Election — Bush v. Gore
The most scrutinized election in American history came down to Florida's 25 electoral votes. George W. Bush led Al Gore by 1,784 votes out of nearly 6 million cast — well within the automatic recount threshold. A machine recount reduced Bush's lead to 327 votes, triggering a manual recount. 67 county canvassing boards used different standards to evaluate ballots — the infamous "hanging chad," "dimpled chad," and "pregnant chad" debates played out on national television. The Florida Supreme Court ordered a statewide manual recount; the U.S. Supreme Court halted it in Bush v. Gore (531 U.S. 98, 2000), effectively awarding Florida — and the presidency — to Bush. The case permanently changed how Florida administers elections and directly led to the federal Help America Vote Act (HAVA) of 2002, which phased out punch-card ballots nationwide.
2018 Florida Governor — DeSantis vs. Gillum
Ron DeSantis defeated Tallahassee Mayor Andrew Gillum by just 0.4 percentage points — 49.6% to 49.2% — out of more than 8.1 million votes cast. The margin triggered Florida's automatic machine recount under § 102.166. After the machine recount, DeSantis' lead held and did not fall to the 0.25% threshold required for a manual recount. Gillum initially conceded election night, un-conceded when the recount was announced, then re-conceded on November 17 after certified results were confirmed. The 2018 cycle also saw recounts in the U.S. Senate race (Scott vs. Nelson) and the Agriculture Commissioner race — the first time Florida ran three simultaneous statewide recounts.
2018 U.S. Senate — Scott vs. Nelson
Incumbent Democrat Bill Nelson lost to Governor Rick Scott by 0.12 percentage points after the machine recount — falling below the 0.25% threshold and triggering a full manual recount. The manual recount confirmed Scott's win. The race involved court battles over ballot-by-mail deadlines, canvassing board procedures in Broward and Palm Beach counties, and allegations of mismanagement by then-Broward Supervisor of Elections Brenda Snipes, who was later suspended by Governor Scott and removed from office under § 114.01.
What the 2018 Cycle Changed
The 2018 recounts exposed procedural inconsistencies across Florida's 67 county canvassing boards and accelerated legislative reforms — including clearer deadlines, standardized ballot-counting equipment requirements, and enhanced oversight mechanisms that fed into SB 524 (2022).
Source: FL Dept. of State · FL Supreme Court · U.S. Supreme Court (Bush v. Gore) · Ballotpedia
- Election crimes generally
- False voter registration / false swearing
- Voter intimidation & suppression ("Voter Protection Act")
- Fraud in connection with casting a vote
- Double voting (in-person + mail)
- Office of Election Crimes & Security (est. 2022)
- Noncitizen voting
- Destroying ballots or registration forms
Florida's election crimes are codified in Chapter 104. Voter intimidation — including the use or threat of force, violence, or coercion — is a third-degree felony under the Voter Protection Act. Double voting, fraudulent registration, and noncitizen voting are all criminal offenses. Florida established the Office of Election Crimes & Security in 2022 (§ 97.022) to investigate alleged violations. Destroying ballots or registration forms is a felony.
- Felon voting rights restoration (Amendment 4)
- Implementing legislation (SB 7066, 2019)
- Third-party voter registration organizations (3PVROs)
- 3PVRO violations
- Ranked choice voting (banned statewide)
- Constitutional amendment petition process
Amendment 4 (2018) automatically restores voting rights for most felons upon completion of all terms of sentence, including payment of fines, fees, and restitution. SB 7066 (2019) clarified that financial obligations must be fulfilled before rights are restored. Third-party voter registration organizations must register with the Division of Elections before collecting any registration applications — violations carry civil and criminal penalties. Ranked choice and instant-runoff voting systems are prohibited statewide. Constitutional amendments may be placed on the ballot through citizen petition with signatures from 8% of voters in at least half of Florida's congressional districts.
All statutes cited are from Florida Statutes, Title IX (Electors and Elections), Chapters 97–106. This page is for informational purposes only and does not constitute legal advice. Verify all statutes at flsenate.gov before relying on them for any informational purpose. Last reviewed: May 2025.
Source: FL Dept. of State · FL Senate (flsenate.gov) · Ballotpedia