RON DESANTIS LAUREL M.

LEE
Governor Secretary of State

October 14, 2020

Dear Supervisors,

Many of you have asked questions concerning the use of drop boxes. We addressed
some of these questions during our September 16, 2020 workshop. We write to you now with a
compilation of these questions and the Department of State’s interpretation of the law based
upon the questions that have been presented to us thus far. Before addressing the specific
questions, we discuss the relevant statutory language and related rule language.

I. Statutory and Rule Language

To begin, we review the relevant statutory provision, found in section 101.69(2), Florida
Statutes, which provides:

The supervisor shall allow an elector who has received a vote-by-mail ballot to
physically return a voted vote-by-mail ballot to the supervisor by placing the
envelope containing his or her marked ballot in a secure drop box. Secure drop
boxes shall be placed at the main office of the supervisor, at each branch office of
the supervisor, and at each early voting site. Secure drop boxes may also be placed
at any other site that would otherwise qualify as an early voting site under
s. 101.657(1); provided, however, that any such site must be staffed during the
county’s early voting hours of operation by an employee of the supervisor’s office
or a sworn law enforcement officer.

The text of section 101.69(2) places an emphasis on security and accessibility of drop boxes.
More specifically, the statutory text mandates that supervisors place “secure” drop boxes “at the
main” and “each branch office” of the local supervisor of elections, and at “each early voting
site.” Supervisors also have the discretion to place drop boxes at sites—like libraries,
courthouses, and civic centers—that qualify as early voting sites but were ultimately not selected
as early voting sites. For these discretionary sites, the statutory text imposes additional
requirements: discretionary sites “must be staffed during the county’s early voting hours of
operations”—no more and no less— “by an employee of the supervisor’s office or a sworn law
enforcement officer.” In other words, the discretionary drop box locations are to remain open

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during the county’s early voting days and hours and should be staffed to ensure that no person or
group of people tamper with the drop box or otherwise harass and intimidate those intending to
use the drop box.

Rule 1S-2.034, Florida Administrative Code, provides additional standards for

maintaining the security and accessibility of drop boxes, through the incorporation by reference
of the State’s Polling Place Procedures Manual. The Manual provides:

Every early voting location must provide a secure drop box for voters who do not
want to vote at the location but want to physically return a voted vote-by-mail ballot
to the supervisor of elections. The secure drop box must be clearly labeled, sealed
and placed in an area where a designated election board member maintains custody
and control of the drop box at all times.

The designated election board member should ensure that prior to the ballot being
dropped off that the voter has placed and sealed their voted ballot in the certificate
envelope and signed the certificate. When the polls close, the election board must
perform the ballot accounting procedures in Section D. Ballot Accounting (Chapter
IX) to account for the ballots in the drop box.

***
Ballot accounting must be conducted at the end of each day during early voting and
on Election Day after the polls close.

Voted vote-by-mail ballots physically returned and placed in authorized secure

drop boxes at early voting locations must be kept separate and apart from canceled
returned vote-by-mail ballots where the voter chose to vote in person. Voted vote-
by-mail ballots in secure drop boxes must be retrieved and placed in a transfer box,
case or bag with numbered seals. The transfer box, case or bag with the returned
voted vote-by-mail ballots must be returned to the Supervisor of Elections’ office
at the end of every day of voting. The transfer box, case or bag must include audit
forms documenting the number of vote-by-mail ballots received and the seal
numbers used to secure the box, case or bag.

Manual at 23, 31 (emphasis added). The rule language underscores the need to make drop boxes
visible (and thus accessible) and to ensure that personnel, at the end of the day, count ballots
within the drop boxes (to ensure security).

II. Questions and Answers

We have grouped your questions into the following major categories: location, timing,
and monitoring. A summary of key points follows each category.

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 Location

1. Can I place a secure drop box at a location other than my main or branch office,
early voting sites, or a site that would have otherwise qualified as an early voting
site?

No. The statute authorizes only the enumerated locations discussed above. That said,
section 101.657(1), Florida Statutes, provides a long list of sites that could qualify as
early voting sites. You thus have a wide variety of locations from which to choose to
place discretionary drop boxes in your county.

2. Can I place a secure drop box at locations that are not staffed?

No. The statute and rule require staffing at all drop box locations during the hours of
operation. Approved locations include the main and branch offices, which already
have your employees present; sites being used as early voting locations, which again
have your employees present; and discretionary sites, which must have “an employee
of the supervisor’s office or a sworn law enforcement officer” present. This
requirement serves a necessary purpose. The statute requires that drop boxes remain
secure from those who intend to do harm to the boxes (or the contents within them).
A person onsite can prevent foreign substances or small incendiary devices (like
firecrackers) from being thrown into the drop box; video monitoring cannot serve the
same function. A person onsite can also help ensure that vote-by-mail ballots are
sealed and signed, which is explicitly required by the rule; video monitoring cannot
do the same. As discussed below, a person onsite can also ensure that those in line
before poll closure have an opportunity to place their vote-by-mail ballots in the drop
box; video monitoring cannot make similar accommodations.

3. Can I place secure drop boxes at polling places on Election Day?

No. That is not authorized by the statute. You must, however, maintain secure drop
boxes at your main and branch offices on Election Day.

4. Can I place a drop box outside a building?

Yes. However, the drop box must be properly staffed and secure. This means the
drop box must be in custody and control of the Supervisor or the Supervisor’s
employees at all times for the reasons discussed in response to question 2 above. If
you choose to place a drop box outside, please see the questions and answers below
regarding timing and monitoring.

5. Can I place a drop box inside a building?

Yes. Again, please ensure that the drop box is secure in whatever building you have
placed it in.

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Bottom line: The mandatory sites are just that, mandatory. You also have many options for
discretionary sites under section 101.657(1). You can place drop boxes inside or outside. But
remember to ensure that the sites are secure.

Timing

6. Can someone who is waiting in line to use the drop box before polls close use the
drop box even after the polls close?

Yes, if the person is present and in line at the time polls close. This is no different
than someone waiting in line to cast an in-person ballot. Thus, if someone is in line
with a vote-by-mail ballot before the polls close, we ask that you follow the protocols
you would ordinarily follow to ensure that his or her ballot is cast; this is yet another
reason why having an actual person monitoring the drop box is essential.

7. Can I have a discretionary drop box site open for only a portion of the early
voting hours?

No. The site must be open for the same number of hours that your early voting sites
remain open. For example, if your early voting hours are from 7 am until 7 pm and
you are placing a drop box at city hall, which is open from 9 am until 5 pm, then you
must work with the city to extend city hall’s hours of operation during early voting, or
place the drop box outside the building to ensure it is staffed and available from 7 am
until 7 pm.

8. Can I have a discretionary drop box site available for some of the early voting
days?

No. The relevant statutory provision requires that any discretionary sites are
available during the entire early voting period in your county.

9. Can I have a discretionary drop box site available before early voting begins in
my county?

No. The statute authorizes the use of discretionary sites during your early voting
hours and days.

10. Can I have a discretionary drop box site available for 24 hours a day?

No. The statute authorizes the use of discretionary sites during your early voting
hours and days.

11. Can I have a drop box available 24 hours a day at my main or branch office?

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 Yes. But again, the statutory and regulatory provisions mandating that the drop boxes
remain secure requires that you appropriately staff the drop box as well, for the
reasons discussed in the answer to question 2.

Bottom line: You have greater flexibility with the hours of availability at the main or branch
drop box sites, assuming you can secure the drop boxes during these hours. The key for the
discretionary drop box sites is their availability during the hours and days of early voting in your
county—no more, no less. Voters in line at the time polls close may use the secure drop box to
vote after the polls close in the same manner as someone waiting in line to cast an in-person
ballot.

Monitoring

12. Is video monitoring of a drop box by an employee or law enforcement good

enough to secure a drop box?
No. As discussed in the answer to question 2 above, situations can arise, where a
person might need to quickly intercede to secure vote-by-mail ballots in a drop box.
Video monitoring might assist in apprehending people who spoil or destroy ballots
after the fact; however, only an actual person onsite can help prevent ballots from
being spoiled or destroyed in the first instance. The presence of an official employee
or law enforcement officer also may serve as a strong deterrent from any unlawful
activity.

13. Can I deputize a city worker, a school worker, or other trustworthy individual to
monitor a discretionary drop box?

The statute requires either an employee or your office or a sworn law enforcement
officer to be present. You must ensure that your relationship with the person makes
that person an “employee of your office.” Otherwise, use sworn law enforcement
officers.

14. Can I use a volunteer to monitor a discretionary drop box?

No. You must use an employee of your office or a sworn law enforcement officer.

15. Can credentialed poll watchers observe drop box locations?

Yes. Please remember, however, that the security of drop boxes and polling places is
your responsibility. When drop boxes are located outside, credentialed poll watchers
should be allowed to observe the drop boxes. Remain mindful that these credentialed
poll watchers “shall not obstruct the orderly conduct of any election,” and “may not
interact with voters.” § 101.131(1), Fla. Stat.

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