§ 97.041 Qualifications to register or vote.
Overview of Statute
This statute provides an outline of the requirements to register to vote or vote in Florida.
(1)(a) A person may become a registered voter only if that person:
- Is at least 18 years of age;
- Is a citizen of the United States;
- Is a legal resident of the State of Florida;
- Is a legal resident of the county in which that person seeks to be registered; and
- Registers pursuant to the Florida Election Code.
(b) A person who is otherwise qualified may preregister on or after that person’s 16th birthday and may vote in any election occurring on or after that person’s 18th birthday.
(2) The following persons, who might be otherwise qualified, are not entitled to register or vote:
(a) A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law.
(b) A person who has been convicted of any felony by any court of record and who has not had his or her right to vote restored pursuant to law.
ss. 1, chs. 3850, 3879, 1889; RS 154; s. 1, ch. 4328, 1895; GS 170; RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156, 1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss. 1, 4, ch. 71-108; s. 1, ch. 72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5; s. 1, ch. 77-175; s. 2, ch. 89-338; s. 8, ch. 94-224; s. 12, ch. 2007-30; s. 2, ch. 2008-95.
For validity of subsec. (2)(a), see Hand v. Scott (N.D. Fla. 2018) and Hand v. DeSantis (11th Cir. 2020).
For story on how the Trump campaign CEO was accused of voter fraud for being registered to vote at an empty house in Florida where he does not live, see http://electionlawblog.org/?p=85878 and http://electionlawblog.org/?p=85905.
1. 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).
2. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: Hand v. DeSantis
Citation: 946 F.3d 1272
Federal Circuit Court: 11th Circuit Court
Case PDF: 946_F.3d_1272
Case Summary: The court held that the Fourteenth Amendment expressly empowered the states to abridge a convicted felon's right to vote; binding precedent held that the Governor had broad discretion to grant and deny clemency, even when the applicable regime lacked any standards; and, although a reenfranchisement scheme could violate equal protection if it had both the purpose and effect of invidious discrimination, appellees have not alleged -- let alone established as undisputed facts -- that Florida's scheme has a discriminatory purpose or effect.
Case Name: Hand v. Scott
Citation: 315 F. Supp. 3d 1244
Federal District Court: Northern District of Florida
Case PDF: Hand v. Scott
Case Summary: Holding re-enfranchisement of lawfully disenfranchised felons may not be arbitrary or violative of First Amendment
Regulations & Guidance
Fla. Jur. 2d Elections s 26, Election boards
Fla. Jur. 2d Elections s 34, Age
Fla. Jur. 2d Elections s 36, Residence
Fla. Jur. 2d Elections s 37, Literacy
Fla. Jur. 2d Elections s 38, Ownership of property
Fla. Jur. 2d Elections s 42, Generally; mental capacity
Fla. Jur. 2d Elections s 43, Conviction of felony
Fla. Jur. 2d Elections s 45, Necessity of registration
Fla. Jur. 2d Elections s 46, Who may register
Fla. Jur. 2d Elections s 57, Generally; uniform statewide voter registration application