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

§ 97.061 Special registration for electors requiring assistance.

Overview of Statute

This statute governs the process by which individuals who need assistance in voting register to vote.

Statute

(1) Any person who is eligible to register and who is unable to read or write or who, because of some disability, needs assistance in voting shall upon that person’s request be registered under the procedure prescribed by this section and shall be entitled to receive assistance at the polls under the conditions prescribed by this section.
(2) If a person is qualified to register pursuant to this section, the voter registration official shall note in that person’s registration record that the person needs assistance in voting.
(3) The precinct register generated by the supervisor shall contain a notation that such person is eligible for assistance in voting, and the supervisor may make a notation on the voter information card that such person is eligible for assistance in voting. Such person shall be entitled to receive the assistance of two election officials or some other person of his or her own choice, other than the person’s employer, the agent of the person’s employer, or an officer or agent of the person’s union, without the necessity of executing the “Declaration to Secure Assistance” prescribed in s. 101.051. Such person shall notify the supervisor of any change in his or her condition which makes it unnecessary for him or her to receive assistance in voting.

History:

s. 14, ch. 6469, 1913; RGS 318; CGL 375; s. 3, ch. 25388, 1949; s. 6, ch. 25391, 1949; s. 1, ch. 26870, 1951; s. 3, ch. 28156, 1953; s. 1, ch. 59-446; s. 1, ch. 61-358; s. 4, ch. 65-60; s. 3, ch. 77-175; s. 1, ch. 79-366; s. 2, ch. 81-304; s. 1, ch. 84-302; s. 15, ch. 94-224; s. 1384, ch. 95-147; s. 11, ch. 2005-278; s. 26, ch. 2012-116.

Definition [Supervisor]

The supervisor of elections.

Definition [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.

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.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

Cases

florida Cases

Out-of-State Cases

Case State: alabama

Case Name: Wakulla County Absentee Voter Intervenors v. Flack

Citation: 419 So.2d 1124

Year: 1982

Case URL: https://www.ravellaw.com/opinions/7b36aba77fe4bf69c088614218e57b0d?query=Wakulla[...]

Case Summary: Wakulla County Absentee Voter Intervenors v. Flack held that when absentee voters were provided improper assistance in the casting of their ballots, the sanctity of the ballot and the validity of the election were adversely affected. The candidate at issue, a county judge, was certified and commissioned in that office.

Federal Cases

Regulations & Guidance

Additional Resources

Further Reading

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

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

  • Fla. Jur. 2d Elections s 61, Voter information cards

  • Fla. Jur. 2d Elections s 152, Assistance to voters