§ 101.051 Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.
Overview of Statute
Statute
(1) Any elector applying to vote in any election who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of two election officials or some other person of the elector’s own choice, other than the elector’s employer, an agent of the employer, or an officer or agent of his or her union, to assist the elector in casting his or her vote. Any such elector, before retiring to the voting booth, may have one of such persons read over to him or her, without suggestion or interference, the titles of the offices to be filled and the candidates therefor and the issues on the ballot. After the elector requests the aid of the two election officials or the person of the elector’s choice, they shall retire to the voting booth for the purpose of casting the elector’s vote according to the elector’s choice.
(2) It is unlawful for any person to be in the voting booth with any elector except as provided in subsection (1). A person at a polling place or early voting site, or within 100 feet of the entrance of a polling place or early voting site, may not solicit any elector in an effort to provide assistance to vote pursuant to subsection (1). Any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any elector applying to cast an absentee ballot in the office of the supervisor, in any election, who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of some person of his or her own choice, other than the elector’s employer, an agent of the employer, or an officer or agent of his or her union, in casting his or her absentee ballot.
(4) If an elector needs assistance in voting pursuant to the provisions of this section, the clerk or one of the inspectors shall require the elector requesting assistance in voting to take the following oath:
DECLARATION TO SECURE ASSISTANCE
State of Florida
County of ______
Date ______
Precinct ______
I, (Print name) , swear or affirm that I am a registered elector and request assistance from (Print names) in voting at the (name of election) held on (date of election) .
(Signature of voter)
Sworn and subscribed to before me this _____ day of _____ , (year) .
(Signature of Official Administering Oath)
(5) If an elector needing assistance requests that a person other than an election official provide him or her with assistance in voting, the clerk or one of the inspectors shall require the person providing assistance to take the following oath:
DECLARATION TO PROVIDE ASSISTANCE
State of Florida
County of ______
Date ______
Precinct ______
I, (Print name) , have been requested by (print name of elector needing assistance) to provide him or her with assistance to vote. I swear or affirm that I am not the employer, an agent of the employer, or an officer or agent of the union of the voter and that I have not solicited this voter at the polling place or early voting site or within 100 feet of such locations in an effort to provide assistance.
(Signature of assistor)
Sworn and subscribed to before me this _____ day of _____ , (year) .
(Signature of Official Administering Oath)
History:
s. 3, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 2, ch. 59-446; s. 2, ch. 65-60; s. 1, ch. 65-380; s. 13, ch. 77-175; s. 2, ch. 79-366; s. 31, ch. 84-302; s. 12, ch. 85-226; s. 553, ch. 95-147; s. 8, ch. 99-6; s. 10, ch. 2002-281; s. 26, ch. 2005-277; s. 9, ch. 2006-1.
- Cross-References:
- Election Day
- Regulation of Polling Places
- Voter Conduct Regulations
1. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
2. Definition for Early Voting
Casting a ballot prior to election day at a location designated by the supervisor of elections and depositing the voted ballot in the tabulation system. Fla. Stat. § 97.021(9).
3. Definition for Polling Place
The building which contains the polling room where ballots are cast. Fla. Stat. § 97.021(27).
4. Definition for Early Voting Site
Those locations specified in s. 101.657 and the building in which early voting occurs. Fla. Stat. § 97.021(11).
5. Definition for Issue
A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).
6. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
7. Definition for Person
An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).
8. Definition for 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).
9. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
10. Definition for Candidate
Any person to whom any one or more of the following applies:
Cases
Florida Cases
Out-of-State Cases
Case State: alabama
Case Name: Wakulla County Absentee Voter Intervenors v. Flack
Citation: 419 So.2d 1124
Year: 1982
Case URL: https://www.ravellaw.com/opinions/7b36aba77fe4bf69c088614218e57b0d?query=Wakulla[...]
Case Summary: Wakulla County Absentee Voter Intervenors v. Flack held that when absentee voters were provided improper assistance in the casting of their ballots, the sanctity of the ballot and the validity of the election were adversely affected. The candidate at issue, a county judge, was certified and commissioned in that office.
Federal Cases
Case Name: American Ass’n of People with Disabilities v. Hood
Citation: 278 F. Supp. 2d 1345
Federal District Court: Middle District of Florida
Year: 2003
Case URL: https://www.ravellaw.com/opinions/4355762ee3979182fef18f7836e2ce38
Case Summary: American Ass'n of People with Disabilities v. Hood held that the state had certified equipment that would allow visually impaired voters to vote without assistance from a third party.
Regulations & Guidance
Additional Resources
Further Reading
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24 Florida Practice Series s 15:18, Forms for oaths to be executed when Electors seeking assistance in casting ballots by Electors and Elections
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Fla. Jur. 2d Elections s 3, Construction of election laws
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Fla. Jur. 2d Elections s 152, Assistance to voters
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Fla. Jur. 2d Elections s 157, Secrecy in voting
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Fla. Jur. 2d Elections s 164, Casting ballots
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Fla. Jur. 2d Elections s 228, Offenses in connection with voting-Illegal voting