Florida Statute 102.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

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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 Casetext

Amendments to 102.031

Arrestable Offenses / Crimes under Fla. Stat. 102.031

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.031.

Annotations, Discussions, Cases:

Cases Citing Statute 102.031

Total Results: 8

Jon Douglas Parrish v. State Farm Florida Insurance Company

Court: Fla. | Date Filed: 2023-02-08T23:53:00-08:00

Snippet: definition an “interest holder” in it. See § 605.0102(31)(f), Fla. Stat. (2022). And here, Mr. Keys’s interest

Browning v. Sarasota Alliance

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-31T00:53:00-07:00

Citation: 968 So. 2d 637

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

Cobb v. Thurman

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-27T00:53:00-07:00

Citation: 957 So. 2d 638

Snippet: requirements set out in sections 101.031(4) and 102.031(4)(a), Florida *640 Statutes (2006).[1] In applying…soliciting a vote for Negron in violation of section 102.031(4)(a), Florida Statutes, which prohibits solicitation…impartiality requirements of sections 101.031(4) and 102.031(4)(a), Florida Statutes. The trial court held that… by the Legislature in sections 101.031(4) and 102.031(4)(a), Florida Statutes. These subsections read…and such elector shall vote in secret. . . . . 102.031 Maintenance of good order at polls; authorities

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-05-26T00:53:00-07:00

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

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

Court: Fla. | Date Filed: 1989-02-01T23:53:00-08:00

Citation: 538 So. 2d 457

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-01-13T23:53:00-08:00

Snippet: affect normal election process). See also, ss. 102.031, 104.11,104.23, 104.41, F.S. In granting the motion…within 50 feet of a polling place. See also, s. 102.031, F.S., which provides in subsection (1) that "… votes." Pursuant to subsection (3) of s. 102.031: Any person, political committee, committee…85-205, inter alia, added subsection (3) to s. 102.031. Chapter 85-205 was apparently enacted in response…closing of the polls. Moreover, pursuant to s. 102.031, F.S., any of the entities listed must give the

State Ex Rel. Taylor v. Gray

Court: Fla. | Date Filed: 1946-04-02T00:00:00-08:00

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

Snippet: County Solicitor of Dade County, under Section 102.31 Florida Statutes 1941, but avers that on February…and for the filing fee required by said section 102.31, and the sum of $84.00 as and for his party committee…the qualifying fee to be paid is fixed by section 102.31 Florida Statutes, 1941, which provides: "Each…office, or elected to such position." Section 102.31 and 102.67, supra, set out the steps that must

State Ex Rel. Vining v. Gray

Court: Fla. | Date Filed: 1944-03-09T00:00:00-07:00

Citation: 17 So. 2d 228, 154 Fla. 255, 1944 Fla. LEXIS 674

Snippet: Sections 102.31, 102.32, 102.33 and 102.34 F.S. 1941, (same F.S.A.) provide as follows: "102.31. Filing