101.111. Voter challenges

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FL ST § 101.111West's Florida Statutes AnnotatedTitle IX. Electors and Elections (Chapters 97-109)Effective: May 28, 2010 (Approx. 2 pages)

West's Florida Statutes Annotated

Title IX. Electors and Elections (Chapters 97-109)

Chapter 101. Voting Methods and Procedure (Refs & Annos)

Effective: May 28, 2010

West's F.S.A. § 101.111

101.111. Voter challenges

Currentness

(1)(a) Any registered elector or poll watcher of a county may challenge the right of a person to vote in that county. The challenge must be in writing and contain the following oath, which shall be delivered to the clerk or inspector:

OATH OF PERSON ENTERING CHALLENGE

State of Florida

County of ____

I do solemnly swear or affirm that my name is ____; that I am a member of the ____ Party; that I am a registered voter or pollwatcher; that my residence address is ____, in the municipality of ____; and that I have reason to believe that ____ is attempting to vote illegally and the reasons for my belief are set forth herein to wit:

____(Signature of person challenging voter)____

Sworn and subscribed to before me this ___ day of ____, ____(year)____.

____(Clerk of election)____

(b) 1. The clerk or inspector shall immediately deliver to the challenged person a copy of the oath of the person entering the challenge, and the challenged voter shall be allowed to cast a provisional ballot in accordance with s. 101.048, except as provided in subparagraph 2.

2. If the basis for the challenge is that the person's legal residence is not in that precinct, the person shall first be given the opportunity to execute a change of legal residence in order to be able to vote a regular ballot in accordance with s. 101.045(2). If the change of legal residence is such that the person is then properly registered for that precinct, the person shall be allowed to vote a regular ballot. If the change of legal residence places the person in another precinct, the person shall be directed to the proper precinct to vote. If such person insists that he or she is currently in the proper precinct, the person shall be allowed to vote a provisional ballot in accordance with s. 101.048.

(c) Alternatively, a challenge in accordance with this section may be filed in advance with the supervisor of elections no sooner than 30 days before an election. The supervisor shall promptly provide the election board in the challenged voter's precinct with a copy of the oath of the person entering the challenge. The challenged voter shall be allowed to cast a provisional ballot in accordance with s. 101.048, subject to the provisions of subparagraph (b)2.

(2) Any elector or poll watcher filing a frivolous challenge of any person's right to vote commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; however, electors or poll watchers shall not be subject to liability for any action taken in good faith and in furtherance of any activity or duty permitted of such electors or poll watchers by law. Each instance where any elector or poll watcher files a frivolous challenge of any person's right to vote constitutes a separate offense.

Credits

Added by Laws 1895, c. 4328, § 43; Gen.St.1906, § 227; Laws 1913, c. 6469, § 43; Rev.Gen.St.1920, §§ 272, 347; Comp.Gen.Laws 1927, §§ 328, 404; Fla.St.1949, §§ 99.26, 102.42; Laws 1951, c. 26870, § 5; Laws 1953, c. 27991, § 10; Laws 1953, c. 28156, § 23; Laws 1965, c. 65-380, § 4; Laws 1977, c. 77-175, § 13. Amended by Laws 1995, c. 95-147, § 554, eff. July 10, 1995; Laws 1999, c. 99-6, § 9, eff. June 29, 1999; Laws 2003, c. 2003-415, § 17, eff. Jan. 1, 2004; Laws 2005, c. 2005-277, § 27, eff. Jan. 1, 2006; Laws 2006, c. 2006-1, § 10, eff. July 4, 2006; Laws 2008, c. 2008-95, § 17, eff. Jan. 1, 2009; Laws 2010, c. 2010-167, § 4, eff. May 28, 2010.

West's F. S. A. § 101.111, FL ST § 101.111

Current with laws, joint and concurrent resolutions and memorials through June 13, 2024, in effect from the 2024 second regular session. Some statute sections may be more current, see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.)

End of Document

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