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Florida Statute 102.31 - Full Text and Legal Analysis
Florida Statute 102.031 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 102.031 Case Law from Google Scholar Google Search for Amendments to 102.031

The 2024 Florida Statutes (including 2025 Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
View Entire Chapter
F.S. 102.031
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.

F.S. 102.031 on Google Scholar

F.S. 102.031 on CourtListener

Amendments to 102.031


Annotations, Discussions, Cases:

Cases Citing Statute 102.031

Total Results: 17

CITIZENS FOR POLICE ACCOUNTABILITY v. Browning

572 F.3d 1213

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 2009 | Docket: 399431

Cited 36 times | Published

This appeal is about voting. Florida Statute § 102.031(4) says that no person may solicit voters "within

Firestone v. News-Press Pub. Co., Inc.

538 So. 2d 457, 1989 WL 9192

Supreme Court of Florida | Filed: Feb 2, 1989 | Docket: 472280

Cited 30 times | Published

1536 (M.D. Fla. 1988), the court invalidated section 102.031(3), Florida Statutes (1987), which prohibited

State Ex Rel. Taylor v. Gray

25 So. 2d 492, 157 Fla. 229, 1946 Fla. LEXIS 714

Supreme Court of Florida | Filed: Apr 2, 1946 | Docket: 3273125

Cited 21 times | Published

office of County Solicitor of Dade County, under Section 102.31 Florida Statutes 1941, but avers that on February

CBS Inc. v. Smith

681 F. Supp. 794, 1988 WL 19556

District Court, S.D. Florida | Filed: Apr 5, 1988 | Docket: 1373765

Cited 14 times | Published

Dade County, Florida from enforcing Fla.Stat. § 102.031(3)(a), (b), as amended. At issue is a provision

Florida Committee for Liability Reform v. McMillan

682 F. Supp. 1536, 1988 U.S. Dist. LEXIS 2652, 1988 WL 27481

District Court, M.D. Florida | Filed: Feb 26, 1988 | Docket: 1151279

Cited 9 times | Published

illegal and preliminarily enjoin enforcement of § 102.031(3) of the Florida Statutes (1987) by the two defendant

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

recruit poll workers, and conduct training. Section 102.031 sets forth whose presence is permitted in polling

Citizens for Police Accountability Political Committee v. Browning

572 F.3d 1213, 2009 U.S. App. LEXIS 13785, 2009 WL 1797631

Court of Appeals for the Eleventh Circuit | Filed: Jun 25, 2009 | Docket: 65658937

Cited 4 times | Published

This appeal is about voting. Florida Statute § 102.031(4) says that no person may solicit voters “within

Cobb v. Thurman

957 So. 2d 638, 2006 WL 3041924

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1678929

Cited 2 times | Published

soliciting a vote for Negron in violation of section 102.031(4)(a), Florida Statutes, which prohibits solicitation

CBS Broadcasting, Inc. v. Cobb

470 F. Supp. 2d 1365, 34 Media L. Rep. (BNA) 2569, 2006 U.S. Dist. LEXIS 94940, 2006 WL 3913757

District Court, S.D. Florida | Filed: Oct 24, 2006 | Docket: 2284650

Cited 2 times | Published

Dade County, Florida, from enforcing Fla. Stat. § 102.031(4)(a), (b) (2005). That statute prohibits the

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

election and the canvass of the votes.” Id. § 102.031(1). That in- cludes verifying the identify

League of Women Voters of Florida Inc. v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Sep 21, 2023 | Docket: 63292119

Published

influence or effect of influencing a voter.” Id. § 102.031(4)(a)-(b). We determined that the second half

League of Women Voters of Florida Inc. v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: Apr 27, 2023 | Docket: 63292119

Published

place” or other voting location. Id. § 102.031(4)(a). It defines “solicit” and “so- licitation”

League of Women Voters of Florida Inc. v. Florida Secretary of State

Court of Appeals for the Eleventh Circuit | Filed: May 6, 2022 | Docket: 63292119

Published

place (the “Solicitation Provision”), Fla. Stat. § 102.031(4)(a)–(b). 2 Plaintiffs3 challenged those

CITIZENS FOR POLICE ACCOUNTABILITY v. Browning

581 F. Supp. 2d 1164

District Court, M.D. Florida | Filed: Aug 22, 2008 | Docket: 2366708

Published

to enjoin the enforcement of Florida Statute § 102.031(4)(a)-(b) (2008) on the basis that it is facially

Citizens for Police Accountability Political Committee v. Browning

581 F. Supp. 2d 1164, 36 Media L. Rep. (BNA) 2622, 2008 U.S. Dist. LEXIS 84136

District Court, M.D. Florida | Filed: Aug 22, 2008 | Docket: 65975296

Published

to enjoin the enforcement of Florida Statute § 102.031(4)(a)-(b) (2008) on the basis that it is facially

Ago

Florida Attorney General Reports | Filed: May 26, 1993 | Docket: 3257703

Published

A. Butterworth Attorney General RAB/tjw 1 Section 102.031(2), F.S. Cf., Joughin v. Parks, 147 So. 273

Ago

Florida Attorney General Reports | Filed: Jan 14, 1987 | Docket: 3258329

Published

polling places affected by such soliciting." Section 102.031(3), F.S. In conclusion, it is my opinion that