Florida Statute 101.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.045

101.045 Electors must be registered in precinct; provisions for change of residence or name.—

(1) A person is not permitted to vote in any election precinct or district other than the one in which the person has his or her legal residence and in which the person is registered. However, a person temporarily residing outside the county shall be registered in the precinct in which the main office of the supervisor, as designated by the supervisor, is located when the person has no permanent address in the county and it is the person’s intention to remain a resident of Florida and of the county in which he or she is registered to vote. Such persons who are registered in the precinct in which the main office of the supervisor, as designated by the supervisor, is located and who are residing outside the county with no permanent address in the county shall not be registered electors of a municipality and therefore shall not be permitted to vote in any municipal election.

(2)(a) An elector who moves from the precinct in which the elector is registered may vote in the precinct to which he or she has moved his or her legal residence, if the change of residence is within the same county or the precinct to which the elector has moved his or her legal residence is within a county that uses an electronic database as a precinct register at the polling place, and the elector completes an affirmation in substantially the following form:

Change of Legal Residence
of Registered Voter

Under penalties for false swearing, I, (Name of voter) , swear (or affirm) that the former address of my legal residence was (Address of legal residence) in the municipality of , in County, Florida, and I was registered to vote in the precinct of County, Florida; that I have not voted in the precinct of my former registration in this election; that I now reside at (Address of legal residence) in the Municipality of , in County, Florida, and am therefore eligible to vote in the precinct of County, Florida; and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.

(Signature of voter whose address of legal residence has changed)

(b) Except for an active uniformed services voter or a member of his or her family and except for an elector who has moved his or her legal residence to a precinct within a county that uses an electronic database as a precinct register at the polling place, an elector whose change of address is from outside the county may not change his or her legal residence at the polling place and must vote a provisional ballot.

(c) An elector whose name changes because of marriage or other legal process may be permitted to vote, provided such elector completes an affirmation in substantially the following form:

Change of Name
of Registered Voter

Under penalties for false swearing, I, (New name of voter) , swear (or affirm) that my name has been changed because of marriage or other legal process. My former name and address of legal residence appear on the registration records of precinct as follows:

Name

Address

Municipality

County

Florida, Zip

My present name and address of legal residence are as follows:

Name

Address

Municipality

County

Florida, Zip

and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.

(Signature of voter whose name has changed)

(d) Instead of the affirmation contained in paragraph (a) or paragraph (c), an elector may complete a voter registration application that indicates the change of name or change of address of legal residence.

(e) Such affirmation or application, when completed and presented at the precinct in which such elector is entitled to vote, and upon verification of the elector’s registration, shall entitle such elector to vote as provided in this subsection. If the elector’s eligibility to vote cannot be determined, he or she shall be entitled to vote a provisional ballot, subject to the requirements and procedures in s. 101.048. Upon receipt of an affirmation or application certifying a change in address of legal residence or name, the supervisor shall as soon as practicable make the necessary changes in the statewide voter registration system to indicate the change in address of legal residence or name of such elector.

History.—s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 192; RGS 236; CGL 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s. 4, ch. 28156, 1953; s. 7, ch. 65-60; s. 1, ch. 71-307; s. 3, ch. 77-175; s. 6, ch. 78-403; s. 4, ch. 80-292; s. 5, ch. 89-338; s. 20, ch. 94-224; s. 1391, ch. 95-147; s. 36, ch. 2001-40; s. 31, ch. 2005-278; s. 16, ch. 2008-95; s. 26, ch. 2011-40; s. 4, ch. 2013-57.

Note.—Former s. 98.32; s. 97.091.

F.S. 101.045 on Google Scholar

F.S. 101.045 on Casetext

Amendments to 101.045

Arrestable Offenses / Crimes under Fla. Stat. 101.045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.045.

Annotations, Discussions, Cases:

Cases Citing Statute 101.045

Total Results: 5

Byrd, The Florida Senate v. Black Voters Matter Capacity Building Institute, Inc., Equal Ground Education Fund, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

Snippet: delineating its precincts. See §§ 98.0981(3); 101.045; 101.5604; 101.5606; 101.5610; 101.5614; 101.657

Kinney v. Putnam County Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-10T00:53:00-07:00

Snippet: resided in Putnam County were proper under section 101.045. We disagree. That section provides: …or she is registered to vote. § 101.045(1), Fla. Stat. The general rule is that individuals…type of temporary absence contemplated by section 101.045(1). Therefore, the Supervisor’s and the trial

AFL-CIO v. Hood

Court: Fla. | Date Filed: 2004-10-18T00:53:00-07:00

Citation: 885 So. 2d 373

Snippet: in section 101.045 and has been a feature of Florida election law for decades. See § 101.045, Fla. Stat… registered. Art. VI, § 2, Fla. Const. Section 101.045, Florida Statutes (2004), addresses general voter…residence and in which the person is registered. § 101.045(1), Fla. Stat. (2004) (emphasis added). Section…section 101.048 is distinguishable from section 101.045 in this regard. Under their reasoning, if the precinct-specific…traditional precinct-specific provision in section 101.045 also would be infirm. We conclude that the precinct-specific

American Federation of Labor & Congress of Industrial Organizations v. Hood

Court: Fla. | Date Filed: 2004-10-18T00:00:00-07:00

Citation: 885 So. 2d 373, 57 A.L.R. 6th 797, 29 Fla. L. Weekly Supp. 597, 2004 Fla. LEXIS 1815, 2004 WL 2331776

Snippet: in section 101.045 and has been a feature of Florida election law for decades. See § 101.045, Fla. Stat… registered. Art. VI, § 2, Fla. Const. Section 101.045, Florida Statutes (2004), addresses general voter…residence and in which the person is registered. § 101.045(1), Fla. Stat. (2004) (emphasis added). Section…section 101.048 is distinguishable from section 101.045 in this regard. Under their reasoning, if the precincUspecific…traditional precinct-specific provision in section 101.045 also would be infirm. We conclude that the precinct-specific

Miller v. Gross

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-30T00:53:00-07:00

Citation: 788 So. 2d 256

Snippet: court." [e.s.] At the same time, section 101.045(1) provides: "No person shall be permitted…which the person is registered." [e.s.] § 101.045, Fla. Stat. (1999). The question presented in this