Florida Statute 101.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.051

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 Casetext

Amendments to 101.051

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

Annotations, Discussions, Cases:

Cases Citing Statute 101.051

Total Results: 8

Browning v. Sarasota Alliance

Court: District Court of Appeal of Florida | Date Filed: 2007-10-31

Citation: 968 So. 2d 637, 2007 WL 3170111

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

Rosenthal v. Esquinaldo

Court: District Court of Appeal of Florida | Date Filed: 1983-12-20

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

Snippet: there was substantial compliance with section 101.051(3), Florida Statutes (1981), see Boardman v. Esteva

Wakulla County Absentee Voter Intervenors v. Flack

Court: District Court of Appeal of Florida | Date Filed: 1982-09-01

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

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

Matter of Interest on Trust Accounts

Court: Supreme Court of Florida | Date Filed: 1981-07-16

Citation: 402 So. 2d 389, 1981 Fla. LEXIS 2814

Snippet: 85 L.Ed. 75 (1940); Poe v. Seaborn, 282 U.S. 101, 51 S.Ct. 58, 75 L.Ed. 239 (1930). In its efforts to

Flack v. Carter

Court: District Court of Appeal of Florida | Date Filed: 1980-12-23

Citation: 392 So. 2d 37

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

Southern Cotton Oil Co. v. Anderson

Court: Supreme Court of Florida | Date Filed: 1920-06-30

Citation: 80 Fla. 441, 86 So. 629

Snippet: " In Black v. Rock Island A L. R. Co. 125 La. 101, 51 South. Rep. 82,26 L.R.A. (N.S.) 166, the court

Yaeger v. State

Court: Supreme Court of Florida | Date Filed: 1919-08-12

Citation: 78 Fla. 354, 83 So. 525

Snippet: Illinois in the cases of Lippman v. People, 175 Ill. 101, 51 N. E. Rep. 872, and Horwich v. Walker-Gordon Laboratory

Dallas v. State

Court: Supreme Court of Florida | Date Filed: 1918-08-15

Citation: 76 Fla. 358, 79 So. 690

Snippet: Rep. 518; Creighton v. State, 41 Tex. Crim. Rep. 101, 51 S. W. Rep. 910. In Safford v. People, 1 Parker’s