(1)(a) An election may be conducted by mail ballot if:
1. The election is a referendum election at which all or a portion of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote:
- a. Counties;
- b. Cities;
- c. School districts covering no more than one county; or
- d. Special districts;
- 2. The governing body responsible for calling the election and the supervisor of elections responsible for the conduct of the election authorize the use of mail ballots for the election; and
- 3. The Secretary of State approves a written plan for the conduct of the election, which shall include a written timetable for the conduct of the election, submitted by the supervisor of elections.
- (b) In addition, an annexation referendum which includes only qualified electors of one county may also be voted on by mail ballot election.
(2) The following elections may not be conducted by mail ballot:
- (a) An election at which any candidate is nominated, elected, retained, or recalled; or
- (b) An election held on the same date as another election, other than a mail ballot election, in which the qualified electors of that political subdivision are eligible to cast ballots.
- (3) The supervisor of elections shall be responsible for the conduct of any election held under ss. 101.6101-101.6107.
- (4) The costs of a mail ballot election shall be borne by the jurisdiction initiating the calling of the election, unless otherwise provided by law.
- (5) Nothing in this section shall be construed to prohibit the use of a mail ballot election in a municipal annexation referendum requiring separate vote of the registered electors of the annexing municipality and of the area proposed to be annexed. If a mail ballot election is authorized for a municipal annexation referendum, the provisions of ss. 101.6101-101.6107 shall control over any conflicting provisions of s. 171.0413.
History.—s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315; s. 2, ch. 2025-31.