Some Relevant Exerpts From the 2000 Florida Statutes
Updated 11/29/00 with information from Dean Davis and Steve Kirch
Updated 12/22/00 with voting machine requirements


Title IX Electors And Elections
Chapter 101, Voting Methods And Procedure:

101.011 Voting by paper ballot
(4) If the elector marks more names than there are persons to be elected to an office, or if it is impossible to determine the elector's choice, his or her ballot shall not be counted for the office; but this shall not vitiate the ballot as to those names which are properly marked, and nothing in this code shall be construed to prevent any elector, at any general election, from voting for any qualified candidate other than one whose name is printed on the ballot.

There were two persons to be elected, so two marks may be allowable. However, this may not apply since this isn't a paper ballot.


101.151 Specifications for general election ballot
(3)(b) Immediately following the name of each office on the ballot shall be printed, "Vote for One." When more than one candidate is nominated for office, the candidates for such office shall qualify and run in a group or district, and the group or district number shall be printed beneath the name of the office. The name of the office shall be printed over each numbered group or district and each numbered group or district shall be clearly separated from the next numbered group or district, the same as in the case of single offices. Following the group or district number shall be printed the words, "Vote for One," and the names of the candidates in the respective groups or districts shall be arranged thereunder.

"Vote for One" not "Vote for Group" shall be printed on the ballot.


101.191 Form of general election ballot
Problem: applies only to counties without voting machines. Section 101.191 is the applicable section, and it does specify "Vote for group" in the instructions for Voting for President and Vice President.


102.166 Protest of election returns; procedure
(5) If the manual recount indicates an error in the vote tabulation which could affect the outcome of the election, the county canvassing board shall:
(a) Correct the error and recount the remaining precincts with the vote tabulation system;
(b) Request the Department of State to verify the tabulation software; or
(c) Manually recount all ballots.

So, Manually recount all ballots.

(7) Procedures for a manual recount are as follows:
(a) The county canvassing board shall appoint as many counting teams of at least two electors as is necessary to manually recount the ballots. A counting team must have, when possible, members of at least two political parties. A candidate involved in the race shall not be a member of the counting team.

And, appoint as many counting teams as is necessary.


Chapter 102, Conducting Elections And Ascertaining The Results
102.168 Contest of election
(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:
(a) Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election.

A number of legal votes sufficient place in doubt the result of the election were rejected.


102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum
(1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.

Jeb Bush may be required to declare Al Gore the President!


Added 12/22/00
101.28 Requirements for voting machines
All voting machines purchased for use in this state shall meet the following minimum requirements:
(1) Each voting machine shall:
...
(d) Permit the elector to vote for as many persons for an office as the elector is lawfully entitled to vote for, but no more.

So, how did we get so many overvotes?