In Florida voter challenges and challenged ballots are not processed and tabulated much differently than other ballots. This is because the only mechanisms for challenging a ballot result in a provisional ballot being cast, which is dealt with like any other provisional ballot, or occurs during the canvassing process itself, in which case the ballot is adjudicated like other vote-by-mail ballots. Florida requires that a challenger be a registered voter of the same county as the person being challenged. “Voter Challenges” at 1. Florida provides legal protections against frivolous challenges, with each such individual occurrence considered a first degree misdemeanor. Fla Stat. § 101.111(c)(2).
A voter challenge is a challenge based on another person’s legal ability to cast a ballot. Fla. Stat. § 101.111. Because of their nature, these challenges occur predominantly in person. “Voter Challenges” at 1. In most instances, a voter who is challenged in person will vote a provisional ballot. “Voter Challenges” at 1. However, there are two instances where a challenged voter may cast a regular ballot. The first instance is when a voter is challenged based on residency and that change of residency is within the same county or the new address is within a county that uses a certain statutory electronic database. See Fla Stat. §§ 101.111(b)(2); 101.045(2)(a); “Voter Challenges” at 1. A challenged voter that is an active uniformed member of the military or a family member may also vote a regular ballot in this situation. “Voter Challenges” at 1. The second instance is where the challenge is based on the voter’s signature. In that situation, the challenged voter may vote a regular ballot if they “execute a signature affidavit.” “Voter Challenges” at 1.
Challenges to ballots cast by mail can occur in two ways. The first is through the same statutory process as for voter challenges. “Voter Challenges” at 2. There are essentially three opportunities to submit a challenge under this statutory scheme. The first is during the period of time when the “public inspection of ballots” is allowed. See Fla. Stat. § 101.572(1). The second opportunity is when a “candidate, a political party official, or a political committee official, or an authorized designee” of one of those three requests access from the Supervisor of Elections to examine ballot materials before they are (individually) canvassed or tabulated. See Fla. Stat. § 101.572(2). The third opportunity is to file a challenge with the Supervisor of Elections up to 30 days in advance of an election, in this case, Saturday, October 5, 2024. Fla Stat. § 101.111(1)(c). Guidance from the Division of Elections reminds election officials that should such a challenge occur, then the challenged voter should receive the same due process rights as if they were challenged in person at the polls. “Voter Challenges” at 2.
The second way that a challenge to a vote-by-mail ballot can occur is at the county canvass meeting. “Voter Challenges” at 2. This must occur before the ballot is removed from its envelope. Fla Stat. § 101.6104. This type of challenge must be based on the vote-by-mail ballot certificate. “Voter Challenges” at 2.
For voter challenges, ballots will be cast using a provisional ballot. “Voter Challenges” at 1. For further details on how provisional ballots are processed and counted, see Provisional Ballot Processing. Florida statute does not specify a separate provisional ballot process resulting from a voter challenge. See Fla Stat. § 101.111. Guidance, however, focuses on two main points in the counting of provisional ballots resulting from voter challenges. The first is that the presumption is that a canvassing board should count a provisional ballot “UNLESS a preponderance of the evidence” shows that the challenged voter is ineligible to vote. “Voter Challenges” at 1. The second point is that the decision to count or reject such a provisional ballot should be based on the Provisional Ballot Voter's Certificate and Affirmation, the challenger’s written oath, and evidence brought by either party or the Supervisor of Elections. “Voter Challenges” at 1. The decision as to whether a challenged voter’s provisional ballot should count is decided by a majority vote of the Canvassing Board. Fla Stat. § 101.657(4)(b).
Vote-by-mail challenges are handled in the same way as the review of any other vote-by-mail ballot. See Fla Stat. § 101.68. The only difference with a challenged vote-by-mail ballot is that the potential defect is brought to the attention of the Canvassing Board by a registered voter or a candidate present in the room during the canvass, as opposed to a member of the Canvassing Board. Fla Stat. § 101.68(4). For further details on the canvassing procedures of vote-by-mail ballots see Canvass + Certification.