Florida Statute 101.51 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

View Entire Chapter

F.S. 101.051

101.051 Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.—

(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, a secure ballot intake station location, or an early voting site, or within 150 feet of a secure ballot intake station location or the entrance of a polling place or an 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 a vote-by-mail 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 vote-by-mail 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, secure ballot intake station location, or early voting site or within 150 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)

(6) The supervisor of elections shall deliver a sufficient number of these forms to each precinct, along with other election paraphernalia.

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; s. 9, ch. 2016-37; s. 16, ch. 2021-11; s. 16, ch. 2022-73.

Note.—Former s. 100.36.

F.S. 101.051 on Google Scholar

F.S. 101.051 on CourtListener

Amendments to 101.051

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 101.051

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

S101.051 2 - ELECTION LAWS - UNAUTHORIZED PRESENCE IN VOTING BOOTH - M: F

S101.051 2 - ELECTION LAWS - UNLAWFUL SOLICIT ELECTOR AT POLL/VOTE LOCATION - M: F

Cases Citing Statute 101.051

Total Results: 13

American Ass'n of People With Disabilities v. Hood

278 F. Supp. 2d 1337, 2003 U.S. Dist. LEXIS 19826, 2003 WL 22025923

District Court, M.D. Florida | Filed: Jul 25, 2003 | Docket: 2322647

Cited 24 times | Published

is satisfied by the assistance provided in Section 101.051, Florida Statutes. As noted in the Court's

Vines v. Internal Revenue Service (In Re Vines)

200 B.R. 940, 78 A.F.T.R.2d (RIA) 6864, 1996 U.S. Dist. LEXIS 14777, 1996 WL 566849

District Court, M.D. Florida | Filed: Sep 27, 1996 | Docket: 266357

Cited 18 times | Published

as a lien created by a private agreement, see § 101(51). See 26 U.S.C. § 6321 et seq. (West 1989 & Supp

Browning v. Sarasota Alliance

968 So. 2d 637, 2007 WL 3170111

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 2531657

Cited 8 times | Published

663, .67, .68, .6921, .6923, .6925, .698). Section 101.051 outlines the procedures to handle electors'

Fidelity National Title Insurance v. Garcia (In Re Garcia)

442 B.R. 848, 2011 WL 522010

United States Bankruptcy Court, M.D. Florida | Filed: Feb 9, 2011 | Docket: 2072638

Cited 3 times | Published

p. 17. [23] Id. at p. 31-32. [24] 11 U.S.C. § 101(51); See also Black's Law Dictionary 1478 (9th ed

AMERICAN ASS'N OF PEOPLE WITH DISABIL. v. Smith

227 F. Supp. 2d 1276

District Court, M.D. Florida | Filed: Oct 16, 2002 | Docket: 2393804

Cited 3 times | Published

being satisfied by the assistance provided by Section 101.051, Florida Statutes.[9] Consequently, Article

Flack v. Carter

392 So. 2d 37

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1268240

Cited 2 times | Published

assistance from another person in violation of § 101.051, Florida Statutes. It is apparent that the appellant's

In re Plummer

484 B.R. 882, 68 Collier Bankr. Cas. 2d 1717, 23 Fla. L. Weekly Fed. B 515, 2013 WL 163479, 2013 Bankr. LEXIS 245

United States Bankruptcy Court, M.D. Florida | Filed: Jan 14, 2013 | Docket: 65784662

Cited 1 times | Published

101(37). . 11 U.S.C. § 101(36). . 11 U.S.C. § 101(51). . 11 U.S.C. § 101(53). . 11 U.S.C. § 507(a)(8)

American Ass'n of People with Disabilities v. Smith

227 F. Supp. 2d 1276, 2002 U.S. Dist. LEXIS 21373, 2002 WL 31375631

District Court, M.D. Florida | Filed: Oct 16, 2002 | Docket: 65970968

Cited 1 times | Published

being satisfied by the assistance provided by Section 101.051, Florida Statutes.9 Consequently, Article VI

In Re Beckley

210 B.R. 391, 10 Fla. L. Weekly Fed. B 357, 1997 Bankr. LEXIS 735, 1997 WL 370847

United States Bankruptcy Court, M.D. Florida | Filed: May 12, 1997 | Docket: 1827964

Cited 1 times | Published

or provides for a security interest. 11 U.S.C. § 101(51). Because this is an issue of first impression

Michael Polelle v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2025 | Docket: 67417924

Published

Argued: Oct 11, 2024

compartment to cast his or her vote,” id. § 101.51(1), and accepting voters’ requests for

American Ass'n of People With Disabilities v. Hood

278 F. Supp. 2d 1345, 2003 U.S. Dist. LEXIS 19828, 2003 WL 22025919

District Court, M.D. Florida | Filed: Aug 19, 2003 | Docket: 2322811

Published

third-party assistance that is authorized by Section 101.051, Florida Statutes. See Dkt. 42, pp. 37-38.

Rosenthal v. Esquinaldo

443 So. 2d 281, 1983 Fla. App. LEXIS 25251

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 64601959

Published

(1) there was substantial compliance with section 101.051(3), Florida Statutes (1981), see Boardman v

Wakulla County Absentee Voter Intervenors v. Flack

419 So. 2d 1124, 1982 Fla. App. LEXIS 21051

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64592233

Published

assistance in casting those ballots contrary to Section 101.-051, Florida Statutes. By that portion of its