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Florida > The Florida Election Code > Voting Methods And Procedure

§ 101.043 Identification required at polls.

Overview of Statute

This statute governs the forms of identification that are acceptable to use at polling places in Florida. Voters who fail to present the required ID can vote using a provisional ballot. The canvassing board is then responsible for determining the validity of the ballot.

Statute

(1)

(a) The precinct register, as prescribed in s. 98.461, shall be used at the polls for the purpose of identifying the elector at the polls before allowing him or her to vote. The clerk or inspector shall require each elector, upon entering the polling place, to present one of the following current and valid picture identifications:

1. Florida driver license.
2. Florida identification card issued by the Department of Highway Safety and Motor Vehicles.
3. United States passport.
4. Debit or credit card.
5. Military identification.
6. Student identification.
7. Retirement center identification.
8. Neighborhood association identification.
9. Public assistance identification.
10. Veteran health identification card issued by the United States Department of Veterans Affairs.
11. A license to carry a concealed weapon or firearm issued pursuant to s. 790.06.
12. Employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality.
(b) If the picture identification does not contain the signature of the elector, an additional identification that provides the elector’s signature shall be required. The address appearing on the identification presented by the elector may not be used as the basis to confirm an elector’s legal residence or otherwise challenge an elector’s legal residence. The elector shall sign his or her name in the space provided on the precinct register or on an electronic device provided for recording the elector’s signature. The clerk or inspector shall compare the signature with that on the identification provided by the elector and enter his or her initials in the space provided on the precinct register or on an electronic device provided for that purpose and allow the elector to vote if the clerk or inspector is satisfied as to the identity of the elector.
(c) When an elector presents his or her picture identification to the clerk or inspector and the elector’s address on the picture identification matches the elector’s address in the supervisor’s records, the elector may not be asked to provide additional information or to recite his or her home address.
(2) If the elector fails to furnish the required identification, the elector shall be allowed to vote a provisional ballot. The canvassing board shall determine the validity of the ballot pursuant to s.101.048(2).

History:

s. 1, ch. 77-267; s. 533, ch. 95-147; s. 10, ch. 98-129; s. 3, ch. 2001-40; s. 13, ch. 2003-415; s. 23, ch. 2005-277; s. 30, ch. 2005-278; s. 26, ch. 2007-30; s. 25, ch. 2011-40; s. 2, ch. 2016-167.
Definition [Polling Place]

The building which contains the polling room where ballots are cast. Fla. Stat. § 97.021(27).

Definition [Provisional Ballot]

A conditional ballot, the validity of which is determined by the canvassing board.

Definition [Issue]

A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).

Definition [Ballot]

As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).

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).

Cases

florida Cases

Out-of-State Cases

Federal Cases

Case Name: Crawford v. Marion County Election Bd.

Citation: 128 S. Ct. 1610

Federal District Court: Eastern District of Virginia

Year: 2008

Case URL: https://www.ravellaw.com/opinions/a703aa856d3ff05c4f2cc2fe1ed6978b

Case Summary: Crawford v. Marion County Election Board held that Indiana's voter ID law was constitutional, since the state's interests in election modernization, preventing voter fraud, and public confidence in the electoral process were enough to outweigh the minimal burden the law had on voters' rights.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 150, Identification required at polls

  • Fla. Jur. 2d Elections s 155, Provisional ballots

  • Fla. Jur. 2d Elections s 163, Furnishing ballots