97.041
Qualifications to register or vote.
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97.041 Qualifications to register or vote.—
(1)(a) A person may become a registered voter only if that person:
1. Is at least 18 years of age;
2. Is a citizen of the United States;
3. Is a legal resident of the State of Florida;
4. Is a legal resident of the county in which that person seeks to be registered; and
5. 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.
(3) A person who is not registered may not vote.
History.—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.
Note.—Former s. 98.01.
Notes of Decisions
Cited in 37
cases (3 in the last 5 years), 1955–2023 · leading case: Florida State Conference of the National Ass'n for the Advancement of Colored People v. Browning
Florida State Conference of the National Ass'n for the Advancement of Colored People v. Browning (2008)
“See Fla. Stat. § 97.041 . Florida law also requires the voter to file her registration application at least twenty-nine days before a scheduled election, the so-called book closing date, in order to be eligible to vote in that election.”
Godwin v. State (1992)
“(1989) (restriction on drivers' licenses); § 97.041(3)(a), Fla. Stat. (1989) (restriction on right to vote); § 790.”
Thompson v. Oklahoma (1988)
“Fla. Stat. § 97.041 (1987) Ga. Ga. Code Ann.”
U. S. Term Limits, Inc. v. Thornton (1995)
“, Fla. Stat. §§ 97.041 (2), 99.021(1)(a) (1991), who are currently in prison, see, e.”
Hand,et al v. Scott,et al (2018)
“VI, §§ 4(a), 8(a); Fla. Stat. Ann. §§ 97.041 , 944.292. It is these laws that are the core of the case before us.”
Maldonado v. Allstate Ins. Co. (2001)
“§ 97.041, Fla. Stat. (2000). [2] Thus, it is obvious that the meaning of "resident" in this case is quite dependent upon the purposes and goals of the statute in which the term is used.”
Woodsum v. Boyd (1972)
“Boyd, or others representing him, that she would not be permitted to register since she had not met the statutory requirement of Fla.Stat. § 97.041, F.S.A. that she be a resident of the State of Florida for one year and of Brevard County for six months.”
State v. Silva (1972)
“01(1), (3), and F.S. § 97.041. Subsequently, the said motion to dismiss the Indictment or in the alternative to exclude the entire jury panel was amended.”
Lane v. MRA HOLDINGS, LLC (2002)
“See Fla. Stat. § 97.041 . 45 . See Fla. Stat.”
Brennan v. State (1999)
“For example, an unmarried seventeen-year-old such as appellant cannot vote, § 97.041, Fla. Stat. (1987), serve on a jury, § 40.”
LeCroy v. State (1988)
“For example, an unmarried seventeen-year-old such as appellant cannot vote, § 97.041, Fla. Stat. (1987), serve on a jury, § 40.”
Burkett v. State (1988)
“Section 97.041(3)(b), Florida Statutes (1985), provides that "Persons convicted of any felony by any court of record and whose civil rights have not been restored" are not entitled to register or to vote.”
— 97.041(1) — 2 cases
Leach v. Johnston (1992)
— 97.041(1)(a) — 2 cases
Advisory Opinion to the Attorney General Re: Citizenship Requirement to Vote in Florida Elections (2020)
— 97.041(2) — 1 case
Diaz v. Cobb (2007)
— 97.041(2)(b) — 1 case
Hand v. Scott (2018)
— 97.041(3)(a) — 2 cases
Godwin v. State (1992)
“(1989) (restriction on drivers' licenses); § 97.041(3)(a), Fla. Stat. (1989) (restriction on right to vote); § 790.”
Ozbourn v. State (1995)
— 97.041(3)(b) — 1 case
Burkett v. State (1988)
“Section 97.041(3)(b), Florida Statutes (1985), provides that "Persons convicted of any felony by any court of record and whose civil rights have not been restored" are not entitled to register or to vote.”
— 97.041(3)(d) — 1 case
— 97.041(5) — 2 cases
Gutterman v. State (1962)
State v. Parsons (1974)
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