Florida Statutes
Fla. Stat. § 101.051 (2025)
Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 101.051
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§101.051(2)ELECTION LAWSUNAUTHORIZED PRESENCE IN VOTING BOOTH
§101.051(2)ELECTION LAWSUNLAWFUL SOLICIT ELECTOR AT POLL/VOTE LOCATION
Notes of Decisions
Cited in 8
cases, 1980–2007 · leading case: Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1337 (M.D. Fla. 2003).
Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1337 (M.D. Fla. 2003). “laintiffs rely upon what they refer to as evidence of: (1) present facts and developing law; (2) the evils sought to be prevented by Article VI, Section 1; and (3) contemporary societal needs and structure; to support their assertion that the Court erred when it held that the…”
Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). “Fla. Stat. § 101.051 (1967). . See Section D.”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “Section 101.051 outlines the procedures to handle electors' requests for assistance with ballots.”
Wakulla Cnty. Absentee Voter Intervenors v. Flack, 419 So. 2d 1124 (Fla. 1st DCA 1982). “The controlling statutory language is that appearing in § 101.051, Florida Statutes, as follows: 101.”
Am. Ass'n of People With Disabil. v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). “Fla. Stat. § 101.051 (1967). [11] See Section D.”
Flack v. Carter, 392 So. 2d 37 (Fla. 1st DCA 1980). “Five electors received assistance from another person in violation of § 101.051, Florida Statutes. It is apparent that the appellant's challenge to the absentee ballots is two-fold: (1) those that are illegal because they contained defects apparent on the Voter's Certificate,…”
Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1345 (M.D. Fla. 2003). “By that Order, the Court dismissed with prejudice Plaintiffs’ ADA and Rehabilitation Act claims to the extent they were based on Plaintiffs’ having been excluded from or denied the benefits of a program of direct and secret voting without the third-party assistance that is…”
Rosenthal v. Esquinaldo, 443 So. 2d 281 (Fla. 3d DCA 1983). “Upon a holding that (1) there was substantial compliance with section 101.051(3), Florida Statutes (1981), see Boardman v.”
— 101.051(3) — 2 cases
Wakulla Cnty. Absentee Voter Intervenors v. Flack, 419 So. 2d 1124 (Fla. 1st DCA 1982). “The controlling statutory language is that appearing in § 101.051, Florida Statutes, as follows: 101.”
Rosenthal v. Esquinaldo, 443 So. 2d 281 (Fla. 3d DCA 1983). “Upon a holding that (1) there was substantial compliance with section 101.051(3), Florida Statutes (1981), see Boardman v.”
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