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florida > The Florida Election Code > Qualification And Registration Of ElectorsFlorida Voter Registration Act

§ 97.041 Qualifications to register or vote.

Overview of Statute

This statute provides an outline of the requirements to register to vote or vote in Florida.

Statute

(1)

(a) A person may become a registered voter only if that person:

1. Is at least 18 years of age;
2. Is a citizen of the United States;
3. Is a legal resident of the State of Florida;
4. Is a legal resident of the county in which that person seeks to be registered; and
5. Registers pursuant to the Florida Election Code.
(b) A person who is otherwise qualified may preregister on or after that person’s 16th birthday and may vote in any election occurring on or after that person’s 18th birthday.

(2) The following persons, who might be otherwise qualified, are not entitled to register or vote:

(a) A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law.
(b) A person who has been convicted of any felony by any court of record and who has not had his or her right to vote restored pursuant to law.
(3) A person who is not registered may not vote.

History:

ss. 1, chs. 3850, 3879, 1889; RS 154; s. 1, ch. 4328, 1895; GS 170; RGS 215; s. 1, ch. 8583, 1921; CGL 248; s. 1, ch. 26870, 1951; s. 2, ch. 28156, 1953; s. 1, ch. 63-408; s. 3, ch. 65-60; s. 1, ch. 67-67; ss. 1, 4, ch. 71-108; s. 1, ch. 72-197; s. 2, ch. 73-157; s. 31, ch. 73-333; s. 1, ch. 74-5; s. 1, ch. 77-175; s. 2, ch. 89-338; s. 8, ch. 94-224; s. 12, ch. 2007-30; s. 2, ch. 2008-95.

Annotation: October 12, 2016 3:41 am

For story on how the Trump campaign CEO was accused of voter fraud for being registered to vote at an empty house in Florida where he does not live, see http://electionlawblog.org/?p=85878 and http://electionlawblog.org/?p=85905.

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 [Election]

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

Cases

florida Cases

Out-of-State Cases

Federal Cases

Case Name: Florida State Conference of N.A.A.C.P. v. Browning

Citation: 522 F.3d 1153

Federal Circuit Court: 11th Circuit Court

Year: 2008

Case URL: https://www.ravellaw.com/opinions/55f20b519298f8b407adce67c3c2487b

Case Summary: Florida State Conference of the NAACP v. Browning held that Florida Code § 97.053(6) was not preempted by HAVA.

Case Name: Diaz v. Cobb

Citation: 541 F.Supp.2d 1319

Federal District Court: Southern District of Florida

Year: 2008

Case URL: https://www.ravellaw.com/opinions/8fb54c2aa6f5cfc73fd51ae70ccb76d0?query=Diaz%20[...]

Case Summary: Diaz v. Cobb held that Florida's 29 day deadline for submitting a completed voter registration form was constitutionally permissible because it furthered the state's interest in holding orderly elections.

Regulations & Guidance

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 26, Election boards

  • Fla. Jur. 2d Elections s 34, Age

  • Fla. Jur. 2d Elections s 36, Residence

  • Fla. Jur. 2d Elections s 37, Literacy

  • Fla. Jur. 2d Elections s 38, Ownership of property

  • Fla. Jur. 2d Elections s 42, Generally; mental capacity

  • Fla. Jur. 2d Elections s 43, Conviction of felony

  • Fla. Jur. 2d Elections s 45, Necessity of registration

  • Fla. Jur. 2d Elections s 46, Who may register

  • Fla. Jur. 2d Elections s 57, Generally; uniform statewide voter registration application