§ 101.71 Polling place.
Overview of Statute
This statute governs the requirements for polling places in every precinct. Every precinct has one polling place with voting booths that allow for only one voter at a time. If a polling place is unavailable or doesn’t comply with Election Code requirements, the supervisor must move the polling place to a different location no less than 30 days before the election.
(1) There shall be in each precinct in each county one polling place which shall be accessible to the public on election day and is managed by a board of inspectors and clerk of election. Only one elector shall be allowed to enter any voting booth at a time; no one except inspectors shall be allowed to speak to the elector while casting his or her vote; and no inspector shall speak to or interfere with the elector concerning his or her voting, except to perform the duties as such inspector. Notwithstanding any other provision of this chapter, this section shall be applicable where the computer method of voting is in use, and adequate provision shall be made for the privacy of the elector while casting his or her vote.
s. 22, ch. 3879, 1889; RS 176; s. 26, ch. 4328, 1895; s. 1, ch. 4699, 1899; GS 208; RGS 252; CGL 308; s. 5, ch. 26870, 1951; s. 1, ch. 57-385; s. 3, ch. 67-530; s. 4, ch. 69-281; s. 23, ch. 77-175; s. 4, ch. 78-188; s. 2, ch. 80-189; s. 12, ch. 80-292; s. 1, ch. 85-38; s. 593, ch. 95-147; s. 25, ch. 2001-40; s. 15, ch. 2002-281; s. 10, ch. 2010-167.
1. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
2. Definition for Polling Place
The building which contains the polling room where ballots are cast. Fla. Stat. § 97.021(27).
3. Definition for Newspaper of General Circulation
A newspaper printed in the language most commonly spoken in the area within which it circulates and which is readily available for purchase by all inhabitants in the area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Fla. Stat. § 97.021(20).
4. Definition for 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).
5. 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).
6. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
7. Definition for Emergency
Any occurrence, or threat thereof, whether accidental, natural, or caused by human beings, in war or in peace, that results or may result in substantial injury or harm to the population or substantial damage to or loss of property to the extent it will prohibit an election officer’s ability to conduct a safe and orderly election.
Case Name: Troiano v. Supervisor of Elections in Palm Beach County, Fla.
Citation: 382 F.3d 1276
Federal Circuit Court: 11th Circuit Court
Case Summary: Plaintiffs, visually impaired Florida voters, sued the Palm Beach County Supervisor of Elections, alleging that the lack of accessible audio assistance in voting booths violated state election law and federal law. After the District Court granted the Supervisor of Elections summary judgment on standing and mootness grounds, the 11th Circuit agreed that the case was moot because the Supervisor had provided the requested audio assistance.
Regulations & Guidance
Fla. Jur. 2d Elections s 2, Election districts and precincts; boundaries
Fla. Jur. 2d Elections s 141, Generally
0050 Surveys 10; Voting Machines