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Florida Executive Order 24-234 extended early voting in Pinellas and Taylor Counties beyond the normal deadline to tabulate early voting ballots due to Hurricanes Helene and Milton. This change may result in changes to the posted results after they would otherwise be stable or delays in the posting of early voting results for these counties.

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Overview

In Florida, the “canvass” is a multi-step process that starts with the Election Board at each polling location, continues to the County Canvassing Board, and from there to the Elections Canvassing Commission, at the state level. Activities range from reconciliation to tabulation to transmission, with other processes in between. See Fla. Stat. § 101.5614.

County Canvass

All the precinct returns are due to the County Canvassing Board by 2 a.m. on the day following the election, which this year is Wednesday, November 6, 2024. Fla. Stat. § 102.141(3). These returns carry a substantial weight with them. When the County Canvassing Board begins canvassing the returns, it is limited to only reviewing the “returns and certificates of the inspectors as signed and filed by them” with the Election Supervisor. Fla. Stat. § 102.141(3). The County Canvassing Board is not allowed to “change the number of votes cast … [for any item on the ballot] in any polling place, as shown by the returns.” Fla. Stat. § 102.141(3).

The County Canvassing Board is responsible for reporting all ballots cast by early voting or vote-by-mail that have been tabulated to the Department of State within 30 minutes after the polls close. Fla. Stat. § 102.141(4)(b). These ballots are canvassed immediately alongside the processing and tabulation process. After that submission, the County Canvassing Board must submit updated election precinct results, except for provisional ballot results, to the Department of State at least every 45 minutes until the results are completely reported. Fla. Stat. § 102.141(4)(b).

The next step occurs after ****5 p.m. on the second day following the election, which this year is Thursday, November 7, 2024 — the deadline for curing provisional ballots. See Fla. Stat. § 101.048(1) and Fla. Admin. Code Ann. r. 1S-2.037(1)(b)(2) (curing provisional ballots); Fla. Stat. § 101.68(4)(b) (curing defects to a vote-by-mail ballot). Nevertheless, in addition to election night tabulation obligations, in the weeks prior to and following Election Day, the County Canvassing Boards also have responsibilities that might be akin to the role that registrars play in other states, such as Georgia. [1]

Meeting

There is no statutorily set time or date for County Canvassing Boards to meet and publicly canvass all the provisional ballots and all the vote-by-mail ballots that have not already been canvassed and tabulated. Fla. Stat. § 102.141(2)(a); see also Fla. Stat. § 102.141(4)(a) (demonstrating that at least some VBM ballots are canvassed prior to Election Day) and Fla. Stat. § 97.021(1) (defining an “absent elector” as “any registered and qualified voter who casts a vote-by-mail ballot”). However, this meeting is open to the public, and there are strict statutory requirements pertaining to public notice of these meetings. Fla. Stat. § 102.141(2)(a), (b). Florida law requires the public be given public notice of a meeting of the County Canvassing Board via the county’s website, the Supervisor of Elections’s website, or in one or more newspapers in the county, at least 48 hours prior to the meeting. Fla. Stat. § 102.141(2)(b). Once the meeting has begun, if it is suspended or recessed for more than 60 minutes, the County Canvassing Board must post on the Supervisor’s website when the County Canvassing Board is anticipated to reconvene. Fla. Stat. § 102.141(2)(c). If the County Canvassing Board does not reconvene at that time, the County Canvassing Board must provide at least two hours’ public notice via the website of the Supervisor of Elections before reconvening. Fla. Stat. § 102.141(2)(c).

Note: For information about the pre-processing of vote-by-mail ballots and special vote-by-mail ballots, please refer to the “Vote-by-Mail Ballot Processing and Vote Counting” section on our Tabulation page.

Filing Unofficial Results

Following this meeting, the County Canvassing Board must file the (first) “Unofficial Results” with the Department of State by noon on the fourth day after the election, which this year is Saturday, November 9, 2024. *****Fla. Stat. § 102.141(5)*. This first set of unofficial results will include ballots cast during early voting, on Election Day, domestic vote-by-mail ballots, and approved provisional ballots. Fla. Stat. § 102.141(5) (requiring a certain types of ballots to be canvassed by noon on the fourth day after an election); see also Fla. Stat. § 102.141(2)(a) (including domestic VBM ballots and provisional ballots as types of ballots that must be canvassed by noon on the fourth day after the election).

If that first set of unofficial results indicate that the margin of victory was 0.5% or less, then a machine recount will be conducted. Fla. Stat. § 102.141(7). If the County Canvassing Board determines that the unofficial returns may contain a counting error because the vote tabulation system failed to count votes that were properly marked, the County Canvassing Board must correct the error and “retabulate the affected ballots with the vote tabulation system…” or request that the Department of State verify the tabulation software. Fla. Stat. § 102.141(6). This re-tabulation is not considered a recount.

Following the machine recount, the County Canvassing Board must file the second “Unofficial Returns” with the Department of State by 3 p.m. on the ninth day after the election, which this year is Thursday, November 14, 2024. Fla. Stat. § 102.141(7)(c). If the recount process is not completed by this deadline, then County Canvassing Board must instead submit a “second set of unofficial returns” that are “identical to the initial unofficial results submitted” by the County Canvassing Board, along with a “detailed explanation of why it was unable to timely complete the recount.” Fla. Stat. § 102.141(7)(c). The County Canvassing Board must then still “complete the recount … along with any manual recount prescribed … and certify the election returns.” Fla. Stat. § 102.141(7)(c). The County Canvassing Board must then combine “the results form the machine recount and [the] manual recount … to certify the second set of unofficial returns and official returns, respectively.” “Recount Procedures Manual” at 6. Barring any emergency, if the returns are not received by the Department of State by the deadline, returns received after that time are “ignored” and the results on file at when the deadline passed are the returns that will be certified by the Department of State. Fla. Stat. § 102.112(3). [2]

For more information about recounts, check out our Recounts page.

County Certification

The County Canvassing Board certifies the returns for results based on votes within its borders (local, county, non-federal multicounty, state, and federal races) and issues certificates for county and district races fully within its borders. Cf. Fla. Stat. § 102.141(7) (noting that County Canvassing Boards are responsible for calling recounts because they are the “board responsible for certifying the election” in the county). The County Canvassing Board must file their official returns and certification statement with the Department of State by noon on the 13th day after the election, which this year is Monday, November 18, 2024. Fla. Stat. § 102.112(2).

Certifying the Countywide Results

County Canvassing Boards are responsible for certifying the returns of elections within their county. This certification serves as a “written statement attesting that the tabulation and canvassing of the election is complete and accurate,” that is either used as the basis for issuing certificates of election for races occurring wholly within the bounds of the county, or as the threshold for sending the returns on, so that races extending beyond county boundaries can be canvassed by the Elections Canvassing Commission, and certificates of election can be issued for those offices. “Glossary of Elect’n Terms” at 2; Fla. Stat. § 102.155.