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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.002 Use of system by municipalities.

Overview of Statute

This statute governs the use of the registration system by municipalities. The board of county commissioners, with the approval of the supervisor, is authorized to set the boundaries of the precincts in each municipality within the county to conform to the boundaries of the municipality, as long as the governing body of the municipality agrees. Any person who is registered to vote, and who lives within the boundaries of a municipality, is qualified to vote in all elections in that municipality. Voters who are not registered under the permanent system are not eligible to vote.

Statute

(1) The board of county commissioners, with the concurrence of the supervisor of elections, may arrange the boundaries of the precincts in each municipality within the county to conform to the boundaries of the municipality, subject to the concurrence of the governing body of the municipality. All binders, files, and other equipment or materials necessary for the permanent registration system shall be furnished by the board of county commissioners.

(2) The supervisor of elections shall deliver the records required for a municipal election to the municipal elections boards or other appropriate elections officials before the election and collect them after the election. The municipality shall reimburse the county for the actual costs incurred.
(3) Any person who is a duly registered elector pursuant to this code and who resides within the boundaries of a municipality is qualified to participate in all municipal elections, the provisions of special acts or local charters notwithstanding. Electors who are not registered under the permanent registration system shall not be permitted to vote.

History:

s. 4, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 2, ch. 29761, 1955; s. 1, ch. 57-136; s. 1, ch. 63-268; s. 6, ch. 65-134; s. 2, ch. 73-155; s. 5, ch. 77-175; s. 31, ch. 94-224.

Definition [Governing Body]

As used in ss. 101.292-101.295, “governing body” means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment. Fla. Stat. § 101.292(1).

Definition [Person]

An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).

Definition [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).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Cases

florida Cases

Case Name: Sarasota Alliance for Fair Elections, Inc. v. Browning

Citation: 28 So.3d 880

Year: 2010

Case URL: https://www.ravellaw.com/opinions/d7674593077064c593b61614ebd3b14a

Case Summary: Sarasota Alliance for Fair Elections, Inc. v. Browning held that the state’s Election Code does not preempt the field of election law.

Case Name: City of Coral Gables v. Carmichael

Citation: 256 So.2d 404

Year: 1972

Case URL: https://www.ravellaw.com/opinions/52316fc4e4d9fe2835c09890be1dc491

Case Summary: City of Coral Gables v. Carmichael held that the city commission’s enacting an ordinance amending the comprehensive zoning code was legislative and subject to referendum. Further, submitting this ordinance to a referendum would not deprive either the opponents or proponents of the ordinance of due process or deny them equal protection.

Case Name: Armstrong v. City of Edgewater

Citation: 157 So.2d 422

Year: 1963

Case URL: https://www.ravellaw.com/opinions/dbe62fefdd19b9ec40e62b8514c2055b

Case Summary: Armstrong v. City of Edgewater held that 1963 amendments to statutes that made up the basis legislative charter of the city of Edgewater were not invalid for failing to include the words “or mayor” following the words “city councilman” in the provision relating to the nomination of candidates for city officers, since the legislative intent was to provide a primary system for nominating both city councilmen and the mayor.

Out-of-State Cases

Federal Cases

Regulations & Guidance

Additional Resources

Further Reading

  • 24 Florida Practice Series s 5:7, Annexation procedure: for when municipality seeks to annex land

  • “Sarasota Alliance for Fair Elections, Inc. v. Browning: The Implied End to Implied Preemption” 41 Stetson L. Rev. 499