§ 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.
(a) A person may become a registered voter only if that person:
(2) The following persons, who might be otherwise qualified, are not entitled to register or vote:
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.
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.
1. 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).
2. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Case Name: Florida State Conference of N.A.A.C.P. v. Browning
Citation: 522 F.3d 1153
Federal Circuit Court: 11th Circuit Court
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
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
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