Florida Statutes
Fla. Stat. § 102.031 (2025)
Maintenance of good order at polls; authorities; persons allowed in polling rooms and early voting areas; unlawful solicitation of voters.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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102.031 Maintenance of good order at polls; authorities; persons allowed in polling rooms and early voting areas; unlawful solicitation of voters.—
(1) Each election board shall possess full authority to maintain order at the polls and enforce obedience to its lawful commands during an election and the canvass of the votes.
(2) The sheriff shall deputize a deputy sheriff for each polling place and each early voting site who shall be present during the time the polls or early voting sites are open and until the election is completed, who shall be subject to all lawful commands of the clerk or inspectors, and who shall maintain good order. The deputy may summon assistance from among bystanders to aid him or her when necessary to maintain peace and order at the polls or early voting sites.
(3)(a) No person may enter any polling room or polling place where the polling place is also a polling room, or any early voting area during voting hours except the following:
1. Official poll watchers;
2. Inspectors;
3. Election clerks;
4. The supervisor of elections or his or her deputy;
5. Persons there to vote, persons in the care of a voter, or persons caring for such voter;
6. Law enforcement officers or emergency service personnel there with permission of the clerk or a majority of the inspectors; or
7. A person, whether or not a registered voter, who is assisting with or participating in a simulated election for minors, as approved by the supervisor of elections.
(b) The restriction in this subsection does not apply where the polling room is in an area commonly traversed by the public in order to gain access to businesses or homes or in an area traditionally utilized as a public area for discussion.
(4)(a) No person, political committee, or other group or organization may solicit voters inside the polling place or within 150 feet of a secure ballot intake station or the entrance to any polling place, a polling room where the polling place is also a polling room, an early voting site, or an office of the supervisor where vote-by-mail ballots are requested and printed on demand for the convenience of electors who appear in person to request them. Before the opening of a secure ballot intake station location, a polling place, or an early voting site, the clerk or supervisor shall designate the no-solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the terms “solicit” or “solicitation” shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll except as specified in this paragraph; seeking or attempting to seek a signature on any petition; selling or attempting to sell any item; and engaging in any activity with the intent to influence or effect of influencing a voter. The terms “solicit” or “solicitation” may not be construed to prohibit an employee of, or a volunteer with, the supervisor from providing nonpartisan assistance to voters within the no-solicitation zone such as, but not limited to, giving items to voters, or to prohibit exit polling.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting is unlawful, based on the particular characteristics of that polling place. The supervisor or the clerk may take any reasonable action necessary to ensure order at the polling places, including, but not limited to, having disruptive and unruly persons removed by law enforcement officers from the polling room or place or from the 150-foot zone surrounding the polling place.
(d) Except as provided in paragraph (a), the supervisor may not designate a no-solicitation zone or otherwise restrict access to any person, political committee, candidate, or other group or organization for the purposes of soliciting voters. This paragraph applies to any public or private property used as a polling place or early voting site.
(e) The owner, operator, or lessee of the property on which a polling place or an early voting site is located, or an agent or employee thereof, may not prohibit the solicitation of voters by a candidate or a candidate’s designee outside of the no-solicitation zone during polling hours.
(5) No photography is permitted in the polling room or early voting area, except an elector may photograph his or her own ballot.
History.—s. 58, ch. 4328, 1895; GS 237; RGS 282; CGL 338; s. 6, ch. 26870, 1951; s. 1, ch. 59-212; s. 25, ch. 77-175; s. 2, ch. 85-205; s. 4, ch. 87-184; s. 15, ch. 87-363; s. 29, ch. 89-338; s. 2, ch. 92-134; s. 598, ch. 95-147; s. 5, ch. 2000-249; s. 54, ch. 2005-277; s. 25, ch. 2008-95; s. 18, ch. 2013-37; s. 18, ch. 2013-57; s. 33, ch. 2016-37; s. 1, ch. 2017-3; ss. 11, 35, ch. 2019-162; s. 29, ch. 2021-11; s. 23, ch. 2022-73.
Note.—Former s. 99.38.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1988–2022 · leading case: CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988).
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
CBS Broad., Inc. v. Cobb, 470 F. Supp. 2d 1365 (S.D. Fla. 2006). “Plaintiffs, various media organizations involved in newsgathering activities, seek to enjoin Defendants, Secretary of State Sue Cobb (“Cobb”) and Lester Sola (“Sola”), Supervisor of Elections of Miami-Dade County, Florida, from enforcing Fla. Stat. § 102.031 (4)(a), (b) (2005).…”
Florida Comm. for Liab. Reform v. McMillan, 682 F. Supp. 1536 (M.D. Fla. 1988). “At the same time, the distance surrounding a polling place in which only electors are permitted, as set forth in § 101.”
League of Women Voters of Florida Inc. v. Florida Sec'y of State, 32 F.4th 1363 (11th Cir. 2022). “0575 (3)(a); and (3) a provision prohibiting the solicitation of voters within 150 feet of a drop box or polling place (the “Solicitation Provision”), Fla. Stat. § 102.031 (4)(a)–(b). 2 Plaintiffs3 challenged those provisions, as relevant here, on several grounds.”
Firestone v. News-Press Pub. Co., Inc., 538 So. 2d 457 (Fla. 1989). “1988), the court invalidated section 102.031(3), Florida Statutes (1987), which prohibited the solicitation of voters within 150 feet of any polling place.”
Citizens for Police Acct. Political Comm. v. Browning, 572 F.3d 1213 (11th Cir. 2009). “or early voting site,” and broadly defines “solicit” to include, among other things, “seeking or attempting to seek a signature on any petition^]” Fla. Stat. §§ 102.031 (4)(a)-(b). 1 The Florida statute codifies the Florida legislature’s view that the right of Florida’s citizens…”
Citizens for Police Acct. Political Comm. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “” Fla. Stat. § 102.031 (1) (2008). The statute then requires the Sheriff to deputize a deputy sheriff for each polling place and each early voting site, requires the deputy sheriff to be present from the time the polls or early voting sites open until the election is completed,…”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “Section 102.031 sets forth whose presence is permitted in polling rooms and voting areas.”
Cobb v. Thurman, 957 So. 2d 638 (Fla. 1st DCA 2006). “" The Florida Democratic Party argued that advising voters concerning the substitution of one party's candidate constitutes a partisan action favoring that party and that any document that effectively stated a vote for Foley was a vote for Negron served the purpose of soliciting…”
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
Citizens for Police Acct. v. Browning, 572 F.3d 1213 (11th Cir. 2009). “]" Fla. Stat. §§ 102.031 (4)(a)-(b). [1] The Florida statute codifies the Florida legislature's view that the right of Florida's citizens to vote warrants substantial protection from commotion that is, bustle, stir, confusion around the voting place.”
— 102.031(1) — 1 case
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
— 102.031(2) — 2 cases
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
— 102.031(3) — 4 cases
Florida Comm. for Liab. Reform v. McMillan, 682 F. Supp. 1536 (M.D. Fla. 1988). “At the same time, the distance surrounding a polling place in which only electors are permitted, as set forth in § 101.”
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
Firestone v. News-Press Pub. Co., Inc., 538 So. 2d 457 (Fla. 1989). “1988), the court invalidated section 102.031(3), Florida Statutes (1987), which prohibited the solicitation of voters within 150 feet of any polling place.”
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
— 102.031(3)(a) — 1 case
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
— 102.031(3)(b) — 1 case
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
— 102.031(3)(c) — 2 cases
CBS Inc. v. Smith, 681 F. Supp. 794 (S.D. Fla. 1988). “” Fla. Stat. § 102.031 (3)(b). By this emergency application, the Plaintiffs seek preliminarily to enjoin the Defendants from enforcing or threatening to enforce this statute against the peaceful and orderly solicitation of opinions during the up-coming presidential primary on…”
Florida Comm. for Liab. Reform v. McMillan, 682 F. Supp. 1536 (M.D. Fla. 1988). “At the same time, the distance surrounding a polling place in which only electors are permitted, as set forth in § 101.”
— 102.031(4)(a) — 4 cases
CBS Broad., Inc. v. Cobb, 470 F. Supp. 2d 1365 (S.D. Fla. 2006). “Plaintiffs, various media organizations involved in newsgathering activities, seek to enjoin Defendants, Secretary of State Sue Cobb (“Cobb”) and Lester Sola (“Sola”), Supervisor of Elections of Miami-Dade County, Florida, from enforcing Fla. Stat. § 102.031 (4)(a), (b) (2005).…”
Cobb v. Thurman, 957 So. 2d 638 (Fla. 1st DCA 2006). “" The Florida Democratic Party argued that advising voters concerning the substitution of one party's candidate constitutes a partisan action favoring that party and that any document that effectively stated a vote for Foley was a vote for Negron served the purpose of soliciting…”
Citizens for Police Acct. Political Comm. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “” Fla. Stat. § 102.031 (1) (2008). The statute then requires the Sheriff to deputize a deputy sheriff for each polling place and each early voting site, requires the deputy sheriff to be present from the time the polls or early voting sites open until the election is completed,…”
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
— 102.031(4)(b) — 1 case
CBS Broad., Inc. v. Cobb, 470 F. Supp. 2d 1365 (S.D. Fla. 2006). “Plaintiffs, various media organizations involved in newsgathering activities, seek to enjoin Defendants, Secretary of State Sue Cobb (“Cobb”) and Lester Sola (“Sola”), Supervisor of Elections of Miami-Dade County, Florida, from enforcing Fla. Stat. § 102.031 (4)(a), (b) (2005).…”
— 102.031(4)(c) — 1 case
Citizens for Police Acct. v. Browning, 581 F. Supp. 2d 1164 (M.D. Fla. 2008). “Florida Statute § 102.031 addresses, among other things, the maintenance of good order at polling places and the unlawful solicitation of voters.”
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