§ 97.023 Procedures on complaints of violations.
Overview of Statute
This statute governs the process by which an individual can file a complaint alleging a violation of either the NVRA of 1993 or a voter registration/removal procedure in the Florida Election Code.
(2) When a complaint is filed with the department, the parties to the complaint must be given the opportunity to resolve the complaint through an informal dispute resolution process to be established by the department. This process must provide for:
(3) If an alleged violation occurred within 30 days before the date of a state or federal election and the alleged violation will affect the registrant’s right to vote in that election, the complainant may immediately bring an action in the circuit court in the county where the alleged violation occurred. Otherwise, the following are conditions precedent for a complainant to bring an action for declaratory or injunctive relief in the circuit court in the county where the alleged violation occurred:
s. 4, ch. 94-224; s. 1383, ch. 95-147.
- Prohibited Activities
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Voter Registration Agency
Any office that provides public assistance, any office that serves persons with disabilities, any center for independent living, or any public library. Fla. Stat. § 97.021(42).
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 Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).