Voter rolls

  • With few exceptions, all voter registration information is public, including name, address and party affiliation.
  • Individuals may examine and obtain copies of registration records.
  • Sources: F.S.A. § 97.0585; F.S.A. § 98.0981(4); Voter Information as a Public Record, Fla. Div. of Elections; Voter Extract Disk Request, Florida Div. of Elections.

Ballots

  • Ballots are public records in Florida. The law places restrictions on who may handle the ballots (only the supervisor of elections or the supervisor’s employees), but ballots may be inspected and copied, according to the public records law.
  • During the 2000 election, news outlets successfully sued for access to ballots in Florida.
  • Sources: F.S.A. § 101.572; F.S.A. § 119.07; Fla. Office of the Att’y Gen., Op. No. 2004-11 (March 24, 2004); Canova v. Snipes, Order on Pl.’s Mot. for Summ. J. (Broward Cty. Cir. Ct. May 11, 2018).

        • Initial ballot counts and recount process

      • The initial ballot counts, or canvasses, are open to the public. County boards of election will generally post information on their websites about attending canvasses.
      • Public notice of a recount must be provided as soon as possible once it is determined that a recount must commence.
      • “All procedures relating to recounts shall be open to the public.”
      • Sources: F.S.A. § 102.166; F.S.A. § 102.141(2); Fla. Admin. Code r. 1S-2.031; Recount Procedure Summary, Fla. Div. of Elections (last updated July 2016); see, e.g., Public Notice of Palm Beach County Canvassing Board Meeting, Palm Beach Cty. Bd. of Elections (Sept. 22, 2020).

        Dates and deadlines for counting ballots

      • Ordinarily, 22 days before Election Day (Oct. 12, 2020), canvassing boards may begin counting vote-by-mail ballots for the general election.
      • An executive order issued by Gov. Ron DeSantis now allows county canvassing boards to begin counting early ballots as soon as they have verified the accuracy of tabulation equipment per F.S. § 101.5612(2).
      • The deadline for county canvassing boards to submit official results to the Florida Department of State is 12 p.m. EST, 12 days after Election Day — this year, Nov. 15, 2020. However, if the results are not sent to the Department of State due to an emergency, the Elections Canvassing Commission must determine a new deadline.
      • Sources: F.S. § 101.68(2)(a); F.S. § 102.112; Exec. Order No. 20-149, Office of the Gov. of the State of Fla. (June 17, 2020).

        Election result resources

      • For current election results, visit the Florida Department of State’s Election Watch website.
      • Additionally, websites of county supervisors of elections will post election results. For example, Lee County will begin posting election results after 7 p.m. EST on its website.

        Exit polling, newsgathering in or near polling places and ballot selfies

      • Although Florida law prohibits “solicitation” both inside polling places and within 150 feet of them, the law contains an express carve-out for exit polling. Fla. Stat. § 102.031(4)(a)–(b).
      • The same law also generally prohibits photography in polling places, but a 2019 amendment to the law makes an exception for ballot selfies. § 102.031(5) (“[A]n elector may photograph his or her own ballot”).

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