§ 98.081 Names removed from the statewide voter registration system; restrictions on reregistering; recordkeeping; restoration of erroneously or illegally removed names.
Overview of Statute
This statute governs what happens when a voter is removed from the statewide voter registration system. When a voter’s name is removed, his/her original registration application has to be retained by the supervisor of elections in his/her county. The statute also describes alternatives to retaining the original application. The statute also explains what happens when a voter is re-added to the statewide voter registration list after being wrongfully removed.
s. 8, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 1, ch. 61-86; s. 5, ch. 77-175; s. 1, ch. 78-102; s. 14, ch. 79-365; s. 8, ch. 80-292; s. 45, ch. 81-259; s. 18, ch. 81-304; s. 7, ch. 82-143; s. 3, ch. 90-315; s. 30, ch. 94-224; s. 1387, ch. 95-147; s. 23, ch. 2005-278; s. 6, ch. 2005-286.
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Voter Registration Official
Any supervisor of elections or individual authorized by the Secretary of State to accept voter registration applications and execute updates to the statewide voter registration system. Fla. Stat. § 97.021(43).
4. Definition for Elector
“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).
5. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: Browning v. Florida Hometown Democracy, Inc., PAC
Citation: 29 So.3d 1053
Case Summary: Browning v. Florida Hometown Democracy, Inc., PAC held that the statute establishing petition signature revocation procedures violated the citizen initiative provision of the state constitution and as such were unconstitutional, since it was neither neutral nor nondiscriminatory, nor was it necessary to ensure ballot integrity. The case further held that the state supreme court had mandatory appellate jurisdiction because the district court of appeal implemented regulations that impacted the citizen initiative process.
Case Name: Krivanek v. Take Back Tampa Political Committee
Citation: 625 So.2d 840
Case Summary: Krivanek v. Take Back Tampa Political Committee held that "electors whose names have been temporarily removed from the voter registration books are not qualified to sign initiative petitions under the statutory legislative scheme that establishes voter qualifications."
Case Name: State ex rel. Kyle v. Brown
Citation: 167 So.2d 904
Case Summary: Quashing alternative writ of mandamus commanding supervisor of registration to strike a name from the registration books, because the name had already been removed from the registration books (supervisor had already done what was sought by mandamus).
Case Name: Wymbs v. Republican State Executive Committee of Florida
Citation: 719 F.2d 1072
Federal Circuit Court: 11th Circuit Court
Case Summary: Wymbs v. Republican State Executive Committee of Florida held that the constitutionality of the local party’s convention delegate selection rule was nonjusticiable.
Case Name: Reed v. Wainwright
Citation: 587 F.2d 260
Federal District Court: Middle District of Florida