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Florida > The Florida Election Code > Registration Office, Officers, And Procedures

§ 98.081 Names removed from the statewide voter registration system; restrictions on reregistering; recordkeeping; restoration of erroneously or illegally removed names.

Overview of Statute

This statute governs what happens when a voter is removed from the statewide voter registration system. When a voter’s name is removed, his/her original registration application has to be retained by the supervisor of elections in his/her county. The statute also describes alternatives to retaining the original application. The statute also explains what happens when a voter is re-added to the statewide voter registration list after being wrongfully removed.

Statute

(1) When the name of any elector is removed from the statewide voter registration system pursuant to s. 98.065 or s. 98.075, the elector’s original registration application shall be retained by the supervisor of elections having custody of the application. As alternatives, registrations removed from the statewide voter registration system may be microfilmed and such microfilms substituted for the original registration applications; or, when voter registration information, including the voter’s signature, is maintained digitally or on electronic, magnetic, or optic media, such stored information may be substituted for the original registration application. Such microfilms or stored information shall be retained by the supervisor of elections having custody. In the event the original registration applications are microfilmed or maintained digitally or on electronic or other media, such originals may be destroyed in accordance with the schedule approved by the Bureau of Archives and Records Management of the Division of Library and Information Services of the department.
(2) When the name of any elector has been erroneously or illegally removed from the statewide voter registration system, the name of the elector shall be restored by a voter registration official upon satisfactory proof, even though the registration period for that election is closed.

History:

s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch. 77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292; s. 45, ch. 81-259; s. 18, ch. 81-304; s. 7, ch. 82-143; s. 3, ch. 90-315; s. 30, ch. 94-224; s. 1387, ch. 95-147; s. 23, ch. 2005-278; s. 6, ch. 2005-286.

1. Definition for Department

2. Definition for Supervisor

3. Definition for Voter Registration Official

Definition [Voter Registration Official]

Any supervisor of elections or individual authorized by the Secretary of State to accept voter registration applications and execute updates to the statewide voter registration system. Fla. Stat. § 97.021(43).

4. Definition for Elector

Definition [Elector]

“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).

5. Definition for Division

6. Definition for Election

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Cases

Florida Cases

Case Name: Browning v. Florida Hometown Democracy, Inc., PAC

Citation: 29 So.3d 1053

Year: 2010

Case URL: https://www.ravellaw.com/opinions/ad43c65c3746d76b166d523a4c8ba372?query=29%20So[...]

Case Summary: Browning v. Florida Hometown Democracy, Inc., PAC held that the statute establishing petition signature revocation procedures violated the citizen initiative provision of the state constitution and as such were unconstitutional, since it was neither neutral nor nondiscriminatory, nor was it necessary to ensure ballot integrity. The case further held that the state supreme court had mandatory appellate jurisdiction because the district court of appeal implemented regulations that impacted the citizen initiative process.

Case Name: Krivanek v. Take Back Tampa Political Committee

Citation: 625 So.2d 840

Year: 1993

Case URL: https://www.ravellaw.com/opinions/8f1b4da4f94b626e5e35c6b826a44b14?query=Krivane[...]

Case Summary: Krivanek v. Take Back Tampa Political Committee held that "electors whose names have been temporarily removed from the voter registration books are not qualified to sign initiative petitions under the statutory legislative scheme that establishes voter qualifications."

Case Name: State ex rel. Kyle v. Brown

Citation: 167 So.2d 904

Year: 1964

Case URL: https://www.ravellaw.com/opinions/7e91e9f32d1c91ca71b355a5125ddd0b

Case Summary: Quashing alternative writ of mandamus commanding supervisor of registration to strike a name from the registration books, because the name had already been removed from the registration books (supervisor had already done what was sought by mandamus).

Out-of-State Cases

Federal Cases

Case Name: Wymbs v. Republican State Executive Committee of Florida

Citation: 719 F.2d 1072

Federal Circuit Court: 11th Circuit Court

Year: 1983

Case URL: https://www.ravellaw.com/opinions/ab4e10e2d443abbc1cfae5e2c84702d8?query=Wymbs%2[...]

Case Summary: Wymbs v. Republican State Executive Committee of Florida held that the constitutionality of the local party’s convention delegate selection rule was nonjusticiable.