What is the basis for the challenges to many of the overseas military ballots on the ground that they are not postmarked?
[updated November 21] Section 101.62(7)(c) of the Florida election statute provides: “With respect to marked ballots mailed by absent qualified electors overseas, only those ballots mailed with an APO, FPO, or foreign postmark shall be considered valid.” Although not part of the state, Florida administrative regulations provide that, for the general election, an otherwise proper absentee ballot from an overseas voter also shall be counted if “signed and dated no later than the date of the election” and received no later than ten days from the date of the election. FAC 1S-2.013(7). In a November 20, 2000 letter, Florida Attorney General Robert A. Butterworth urged county supervisors of elections and county canvassing boards to count otherwise proper unpostmarked ballots if they were signed and dated on or before the date of the election and to revisit any ballots previously rejected for lack of a postmark. Federal law does not require a postmark on military ballots. Representatives of t
