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TITLE IX ELECTORS AND ELECTIONS

CHAPTER 97

QUALIFICATION AND REGISTRATION OF ELECTORS

97011 97021 97031

97041 97051

97061

97062

97063 970631

Short title Definitions Voting in national elections by nonregshy

istered electors Qualifications to register Oath and identification of elector for

registration Special registration identification

cards electors requiring assistance Registration special armed service

preregistration book Armed services absentee registration Armed services overseas

97011 ShOrt title-All chapters in this reshyvision including chapters 97 through 104 inshyclusive are cited as The Florida Election Code

Hlstor7-fl ch 26870 1951 fl ch 65-60

97021 Definitions-The following words and phrases when used in this code shall be construed

(1) Primary election means election held preceding the general election for the purpose of nominating a party nominee to be voted for in the general election to fill a national state or county office The first primary is a nomination or elimination election the second primary is a nominating election only

(2) Special primary election is a special called nomination election designated by the governor for the purpose of nominating a party nominee to be voted on in a general or special general election

(3) General election means an election held on the first Tuesday after the first Monshyday in November in the even-numbered years for the purpose of filling national state and county offices and for voting on constitutional amendments as proposed by the legislature

( 4) Special general election is a special called election for the purpose of voting on a party nominee to fill a vacancy in the national state or county office

(5) Elector as used throughout this code is synonymous with the word voter or qualified elector or voter

(6) Absent elector means any registered and qualified elector who due to physical disshyability is unable without anothers assistance to attend the polls who is an inspector a poll worker a deputy voting machine custodian

97064

97065

97071 97072

97081 97091 97103

97111

Registration of federal employees and military personnel when previously registered

Administration of oaths military pershysonnel and federal employees

Registration identification card Replacement of registration identifica-

tion card Registration of freeholder Electors must be registered in precinct Duty of elector to record change in

registration How persons may register change of

party affiliation

deputy sheriff supervisor of elections or depshyuty supervisor who is assigned to a differshyent precinct than that in which he is regisshytered to vote who on account of the tenets of his religion cannot attend the polls on the day of a general special or primary election or any qualified and registered elector whenshyever he may be except persons confined in prison or jail so long as he will not be in the county of his residence during the hours the polls are open for voting on the day of an elecshytion

(7) A freeholder is any person who has an immediately beneficial ownership interest legal or equitable in the title to a fee simple estate in land For the purposes of this election code an owner of condominium property as well as a tenant-stockholder of a cooperative apartment corporation is deemed to have an immediate beneficial ownership interest legal or equitable in the title to a fee simple estate in land As used herein a cooperative apartshyment corporation means a corporation organshyized for the purpose of owning maintaining and operating an apartment building or apartshyment buildings to be occupied by its stockholdshyers which building or buildings are located on realty owned in fee simple by the corporation and tenant-stockholder means any individual who is entitled solely by reason of his ownershyship of stock in a cooperative apartment corshyporation to occupy for dwelling purposes an apartment in a building owned by such corshyporation As used herein condominium propshyerty is that real property whereby units of an improvement or improvements on such real property are subject to ownership as a fee simple or life estate by different owners and

328

Ch 97 QUALIFICATION AND REGISTRATION OF ELECTORS Ch 97

there is appurtenant to each unit as part thereshyof an undivided share in the common elements

(8) Ballot or official ballot when used in reference to

(a) Voting machines (except when refershyence is made to irregular ballots) means that portion of the printed strips of cardboard paper or other material within the ballot frames containing the names of candidates or a statement of a proposed constitutional amendshyment or other question or proposition submitted to the electorate at any election

(b) Paper ballot means that printed sheet of paper containing the names of candidates or a statement of proposed constitutional amendshyments or other questions or propositions subshymitted to the electorate at any election on which sheet of paper an elector casts his vote

(9) Write-in candidate means any person who publicly campaigns for public office and whose name will not be printed on a ballot Such person shall be subject to the provisions of sectsect99161 99172 99183 and chapter 104 the same as if such person had duly qualified as a candidate as defined in sect97021 (18) A vote cast for a write-in candidate shall be reshyferred to as an irregular ballot

(10) Voting booth or booth wherever used in this election code shall mean that booth or enclosure wherein an elector casts his ballot be it a paper ballot or a voting machine ballot

(11) Election board shall mean the clerk and inspectors appointed to conduct an election

(12) Wherever the word supervisor is used it shall mean the supervisor of elections

(13) Weekday shall include every day but Sunday

(14) Minority political party is any group as defined in paragraphs (a) and (b) of this subsection which on January 1 preceding a primary election does not have registered as members five per cent of the total registered electors of the state

(a) Any group of citizens may organize as a political party if the general purpose of the organization is for election to office of qualishyfied persons and the determination of public isshysues under the accepted democratic processes of the United States

(b) Any such group may be recognized as a political party which on January 1 preceding a primary election has registered to vote as memshybers more than five per cent of the total regisshytered electors of the state Such political party shall nominate its candidates for elective ofshyfices to be voted for in the next general elecshytion in the primary and in no other manner exshycept to fill vacancies in nomination as othershywise provided

(15) The term members of the merchant marine of the United States means persons (other than members of the armed forces) emshyployed as officers or members of crews of vesshysels documented under the laws of the United

States or of vessels owned by the United States or of vessels of foreign-flag registry under charshyter to or control of the United States and pershysons (other than members of the armed forces) enrolled with the United States for employment or for training for employment or maintained by the United States for emergency relief servshyice as officers or members of crews of any such vessel but does not include persons so emshyployed or enrolled for such employment or for training for such employment or maintained for emergency relief service on the great lakes or the inland waterways

(16) The term armed forces shall be inshyterpreted to mean and include the army of the United States navy air force of the United States marine corps coast guard coast and geshyodetic survey and public health service when on active duty

(17) The term dependent means any pershyson who is in fact a dependent

(18) The word candidate shall mean any person who has filed his qualification papers and paid his qualifying fees as required by law

(19) Permanent branch office shall mean a substantial structure fixed or movable in which voter registrations will be accepted which office shall be designated by the supershyvisor and approved by the board of county commissioners at least fourteen days prior to the acceptance of registrations in such branch office Notice of the time and place of such regisshytrations shall be published at least once not less than one day prior to the taking of said registrations in a newspaper of general circushylation in the county where such office is to be located

Bistory-sect2 ch 6469 1913 RGS 300 sect1 ch 8582 1921 CGL 356 sect1 ch 13761 1929 sect1 ch 18060 1937 sect1 ch 19663 1939 sect1 ch 26870 1951 sect1 ch 28156 1953 sect1 ch 61-370 12 ch 65-60 sect1 ch 67-32 sect2 ch 67-142 12 ch 67-386

Note-Formerly sect10102

97031 Voting in national elections by nonshyregistered electors-

(1) Persons who have not yet fulfilled the residency requirements required of electors at the time of the holding of a national election for president and vice-president of the United States and who do not come within the purview of sect97041 but who have become residents of the state of Florida and who meet all the reshyquirements of Art VI of the constitution of Florida with the exception of the residency requirements and who are registered electors in the state from which they have moved may vote a special ballot in national elections for president and vice-president of the United States in accordance with the following subshysections

(2) Residents not meeting residence reshyquirements of electors desiring to vote in a national election for president and vice-presishydent of the United States shall execute in dupshylicate the following oath in the office of the supervisor of elections not more than forty-five days nor less than thirty days prior to a nashytional election

329


OATH OF NONREGISTERED ELECTOR STATE OF FLORIDA COUNTY OF

I do solemnly swear that my name is ___ _ ______ that I am a member of the

party that I am ___ _ years old that I was born in the state of

____ _______ of the County of ____ that my residence is on street in the town or city of_ that my mailing address is __ ________ _ ---------------- that I have become a permashynent resident of the State of Florida that I have not yet fulfilled the residency requireshyments to become a qualified elector of the State of Florida that other than residency reshyquirements I meet all the requirements of Artishycle VI of the Constitution of the State of Florshyida for electors to wit That I am twenty-one years of age or older that I am not presently adjudicated mentally incompetent under the laws of any state that I have never been conshyvicted of a felony without having my civil rights restored that I am a registered elector in the State of ________________ that my registration in said state is recorded at the folshylowing address

(Registering Official) (Street)

(Address) (City and State) and may be cancelled by writing to that adshydress

(Signature of Person Making Application for National Ballot)

Sworn to and subscribed to before me this __ day of 196~

(Supervisor of Elections) (3) Upon the execution of the foregoing

oath in subsection (2) above the supervisor shall write to the registering official as stated by the elector in the oath and request a canshycellation of the electors registration Said reshyquest for cancellation shall be accompanied by an executed copy of said oath and shall reshyquest notice from said registering officials that the electors prior registration has been canshycelled

(4) Upon receipt of notice of cancellation of the electors prior registration the supershyvisor shall notify the elector making applicashytion for a national ballot that his prior regisshytration has been cancelled and that he may vote a national ballot for president and viceshypresident of the United States in the office of the supervisor upon appearing in person in the supervisor of elections office not later than the day prior to the election and presenting proof sufficient to the supervisor that he is the pershyson that made application for said national ballot

(5) Said national ballot shall be of the folshylowing form

ELECTORS For President

and Vice-President Vote for group

DEMOCRATIC

LYNDON B JOHNSON For President

HUBERT H HUMPHREY For Vice-President

REPUBLICAN

BARRY GOLDWATER For President

WILLIAM MILLER For Vice-President

FOR WRITE-IN VOTES FOR ELECTORS FOR PRESIDENT AND VICE-PRESIDENT

Vote for each

(With sufficient number of lines to equal number of electors to which this state is enshytitled under federal law)

(6) When said ballot has been marked by the nonregistered elector in the office of the supervisor of elections the supervisor shall place the ballot in a sealed ballot box set aside for the ballots for nonregistered electors Such ballots shall be counted at the same time and in the same manner as absent electors balshylots

(7) Nothing contained in subsections (2) (3) or ( 4) shall be construed to prevent a nonshyregistered elector from qualifying under this section who by reason of age alone was not eligible to register in the state in which he resided prior to his becoming a resident of the state of Florida if he can otherwise qualify hereunder

Bistor7-sectll ch 6469 1913 sect3 ch 6874 1915 RGS 314 CGL 371 sect16 ch 13761 1929 CGL 1936 Supp 371 (1) U ch 26870 1951 sect1 ch 65-377


97041 Qualifications to register-(1) Any person twenty-one years of age or

any person who will attain age twenty-one prior to the next succeeding primary special primary general or special general election upon proof of his birthdate who is a citizen of the United States a permanent resident living in Florida for one year residing in the county where he wishes to register for six months is eligible to register with the supervisor when the registrashytion books are open

330


(2) A person who has not attained the age of twenty-one at the time the registration books close but who will attain such age prior to the next succeeding primary special primary genshyeral or special general election and meets the other requirements of subsection (1) may regshyister during the sixty days prior to the closing of the registration books next preceding his twenty-first birthday

(3) A person who has not fulfilled his resishydency requirements at the time the registrashytion books close but who will fulfill such resishydency requirements prior to the next succeeding primary special primary general or special general election and meets the other requireshyments of subsection (1) or comes within the purview of subsection (2) may register during the sixty days prior to the closing of the regisshytration books next preceding the date on which his residency requirements will be fulfilled

(4) When any person presents himself to register and there is any question regarding his qualifications the supervisor may require satisfactory proof of his qualifications

(5) The following persons are not entitled to vote

(a) Persons not registered (b) Persons under guardianship or confined

in any state prison (c) Persons adjudicated mentally incompeshy

tent in this or any other state and who have not had their competency restored pursuant to law

(d) Persons convicted of any felony by any court of record and whose civil rights have not been restored

Blstory-sectsect1 chs 3850 3879 1889 RB 154 sectl ch 4328 1895 GS 170 RGS 215 sectl ch 8583 1921 CGL 248 sectl ch 26870 1951 sect2 ch 28156 1953 fl ch 63-408 sect3 ch 65-60 fl ch 67-67

Note-Formerly f3980l

97051 Oath and identification of elector for registration-A person making application for registration as an elector shall take the followshying oath I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and of Florida that I am twenty-one years old a resident of Florida for one year and of this county for six months that I am a citizen of the United States and qualified to vote under the Constitution and Laws of the State The person must also state under oath to be administered by the registrashytion officer whether he is registered in any other jurisdiction If he answers affirmatively the registration officer shall notify the supershyvisor in that jurisdiction to cancel the prior registration He shall also give a sufficient deshyscription of himself as to reasonably identify his person

Blstory-sect7 ch 3879 1889 RS 161 sect8 ch 4328 1895 GS 178 RGS 222 CGL 257 sect4 ch 25383 1949 sectl ch 26870 1951


97061 Special registration identification cards electors requiring assistance-

(1) Any person who is otherwise eligible to register but who is found by the supervisor to be so illiterate or so physically impaired as to make it indefinitely impossible for him to

register or to cast his vote efficiently shail upon his request be registered by the supervisor under the procedure prescribed by this section and shall be entitled to receive assistance at the polls under the conditions prescribed by the applicable provisions of this code

(2) The supervisor upon finding that a pershyson is qualified to register under the procedure prescribed in subsection (1) and that such pershysons incapacity is expected to continue inshydefinitely shall enter in his registration record a specific description of the particular disabling impairment and a precise accurate and full description of the physical appearance of the person giving in addition to the information required of all other electors the persons weight height color of eyes description of hair complexion and any other distinguishing charshyacteristic which would be of assistance in estabshylishing his identity

(3) Such persons upon being registered shall be issued a special registration identifishycation card of a distinctive color and convenient size which shall contain the name of the pershyson bearing it and the other information reshyquired above and which shall indicate that it must be presented by such person in order for him to be entitled to vote without the necessity of being examined orally and under oath at the polling place by the election inspection board Such card shall give notice that the bearer is required to keep the supervisor advised of any change in his condition which would avoid the necessity of this special procedure or which would require the alteration of his physical description provided that any such disabled elector registered to vote under this section who has identified himself by signing the registrashytion book shall continue to be privileged to identify himself at the polls by use of his signashyture in lieu of the identification card and reshyceive assistance in voting as prescribed by sect101051

Blstory-sect14 ch 6469 1913 RGS 318 COL 375 sect3 ch 25388 1949 sect6 ch 25391 1949 fl ch 26870 1951 (1) sect3 ch 28156 1953 fl ch 59-446 (1) sect1 ch 61-358 sect4 ch 65-60

Note-Formerly sectsect9706 and 10221

97062 Registration special armed service preregistration book-

(1) Any person subject to be called for milshyitary duty in the service of his country who has received orders or induction papers or is already inducted or enlisted and is a citizen of the state and under the age of twenty-one years and who will be eligible to vote in any primary general school municipal or speshycial election when he reaches the age of twenty-one years may make application to the supervisor of elections of the county of his legal residence presenting at the time evidence to show that he is about to be inducted into the military service has received orders to report or is already inducted or enlisted into the armed service and enter his name on a special registration book of the precinct of his or her residence by filling out the following affidavit

AFFIDAVIT ------- being first duly sworn

331


upon oath says that he is a citizen of the United States that he is about to be called into the military service of his country that he is now ___ years of age that his legal resi-dence is _____ County of the State of Florida that he will be twenty-one years of age on the ___ day of __ 19 __ and will then be eligible to vote in election pre-cinct No __ or ___ ward in the city of --------- county of --------------- that he may not be able to appear personally and register when he becomes twenty-one years of age because of absence from the state on military duty that he is not and will not be registered in any other county or state at this time that his full name is ______ that he was born on ____ and that he is __ feet and __ inches tall and weighs ___ pounds that he has been a legal resident of the State of Florida more than twelve months and of the county of _______ _ for more than six months last past that his party affiliation is and that he desires the supervisor of elections of

county to enter his name in the registration books of his precinct when he becomes twenty-one years of age that his preshycinct and the date he becomes twenty-one years of age are correctly recited herein and that this application and affidavit are made for this purpose and no other purpose

Signature of Applicant Sworn to and subscribed before me this __

day of A D 19 __ _

---------Supervisor of Elections (2) Upon filing the application and affidashy

vit the supervisor of elections shall hold such application and affidavit until the applicant beshycomes twenty-one years of age When such apshyplicant has attained the age of twenty-one years and is eligible to vote the supervisor of elections is directed to enter such applicashytion on the legal registration books of his preshycinct or ward and forward to such applicant a certificate of registration which shall be evishydence of his official registration to vote in all general primary school municipal or special elections

(3) The supervisor of elections shall keep a separate armed service special preregistration book in which only the names of members of armed services who register under this special provision prior to induction or after induction and prior to becoming twenty-one years of age shall be entered Registration in this special armed service preregistration book shall be sufficient registration when the registrant beshycomes twenty-one years of age and upon reshyceipt of the certificate of registration to vote registrant shall be qualified as any other regushylarly registered elector

Wsioey-fl ch 26810 1851 sect2 ch 65-60

97063 Armed services absentee registrashytion-

(1) Members of the armed forces while in

the active service and their spouses shall be entitled to register absentee

(2) The federal postcard application as provided by federal law shall be accepted as a request for an application for absentee regisshytration when duly executed by members of the armed forces and their spouses living outside the territorial limits of the state who are resishydents of Florida and are not registered

(3) Upon receipt of the duly executed fedshyeral postcard application as provided for by subsection (2) the supervisor of elections shall mail to the applicant an application for abshysentee registration if the applicant has never registered in the county or if the applicant has been registered but has failed to reregister

(4) The application for absentee registrashytion shall be of the following form

APPLICATION FOR ABSENTEE REGISTRATION

I _______ being first duly sworn on oath say that I am a citizen of the United States and eligible to become a legal voter in the State of Florida that my legal residence is Street (or Avenue) in the _______ _ ------- election precinct or the _________ _ ----- ward in the City (Town) of ___________ _ _________ County of -------------------------------- that I have not been and will not be able to register personally for the reason that _____________ _ ______ that I am not a registered voter in any state that I desire to be registered in such

precinct that my full name is _ _____ that I was born on ______________ _ _ ____ at _____________ _ __ that my race is ______ that I am ___ feet __ inches in height that my occupation is ______________________ that my legal residence is and has been in the State of Florida for twelve months last past and of the County of ___________________ for six months last past that my party affiliation is ______________ _ ______________ that I desire a registration certificate be mailed to me at ---------------------------- and I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and the Constitution of the State of Florida that I am twenty-one years of age that I have been a resident of the State of Florida for one year and of the county for six months and that I am qualified to vote under the Constitution and laws of the State of Florshyida

(Signature) ---------------shySworn to and subscribed to before me this

_____ day of___ 19 ---middot (Signature) -------------------------------shy

Title of person administering oath (5) Upon the return of the application for

absentee registration form the supervisor shall properly register the applicants name in the registration books of the county and maintain on file as the basis for such registration the properly filled out form received from the applishycant provided no absentee registrations shall be accepted when the registration books are closed

Wsiorr-sect1 ch 59-211 sect5 ch 65-60

332


970631 Armed services oyerseas-Memshybers of the armed services pr10r to a overshyseas assignment may leave a forwardmg adshydress with the supervisor of electio~s in the county where registered The superyisor shall notify said servicemen at least mnety ~ays prior to regular primary and general elect10s and as soon as possible prior to any special election so that said servicemen may follow the procedures for absentee registration provided bylaw

mstory-sect1 ch 67-454

97 064 Registration of fed era employees and military personnel when previously regis-tered-

(1) When a person holding a position m the government of the United States or in the military service (ineluding the spouse and deshypendents of such persons) is by reason of his duties incident to his position required to be absent from the state during the period of time required for the registration of qualified el~cshytors to vote in a primary or general election as now required by law and his registration has lapsed because of his failure to return the notice mailed to his address of record by the supervisor in compliance with the provisions to purge the registration books under the pershymanent single registration law it is lawful in such case for such elector if retaining his qualifications to vote under his last registrashytion to make out and forward to the supershyviso~ of the county in which he is registered the form as provided in subsection (2) and thereby have his name transferred from the inactive files to the present registration books

(2) The affidavit required for reinstatement of registration shall be in the following form

AFFIDAVIT FOR REINSTATEMENT OF REGISTRATION

STATE OF FLORIDA COUNTY OF __ _

Before me the undersigned authority aushythorized to take oaths personally appeared ______________________ who being by me first duly sworn deposes and says that he (she) is a qualified elector of the State of Florida and that he (she) is registered as such elector in the __ precinct of the County of _________ State of Florida and that since the time of such registration he (she) has not by any act of omission or commission become disqualified to serve as a qualified elector in the precinct and county aforesaid That he (she) reaffirms the oath taken by him (her) upon his (her) original registration that he (she) thereby aushythorizes the supervisor of elections in the counshyty aforesaid to transfer his (her) name from the inactive files and reinstate the same in the new registration books That he (she) hol~s a position under the government of the Umted States or in the military service and by reason of the duties attendant thereto it is impossible for him (her) to appear personally before said supervisor of elections at any time within the time allowed by law for registration

-(Signature of elector making affidavit)

Sworn to and subscribed before me this __ day of 19 --middot

(Signature and title of officer administering oath)

(3) Upon receipt of the affidavit set forth in subsection (2) the supervisor shall make out his renewal certificate of registration transshyferring the electors prior registration to the new registration books and the renewal or transfer of registration when so made is valid for all intents and purposes provided the elecshytor retains his residence and other qualificashytions to vote at the place specified in the regisshytration Such reinstatement shall be permitted even though the registration books or records may have been closed in preparation for the impending election

(4) No person entitled to have his name reshyinstated as provided in subsectin (1) due to his military service shall be ~eprived of v~ting in any election because of failure to reregister after his name has been stricken from the regisshytration books but the supervisor or the registeshying official may require reasonable proof of his military service and shall require him to exeshycute the form provided in subsection (2) before allowing him to vote

Blstory-sect1 ch 19333 i939 COL 1940 Bupp 280 (69) U eh 26370 i95i sect10 ch 65-60 U ch 67-386

Nole-Formerly sect102i4 sect97i3i

97065 Administration of oaths military personnel and federal employees-For the purshyposes of sectsect97063 97064 oaths may b~ adshyministered and attested by any commiss10ned officer in the active service of the armed forces or any member of the merchant marine of the United States designated for this purpose by the secretary of commerce or any civilian offishycial empowered by state or federal law to adshyminister oaths

History -sect6 ch 29904 i955 sect42 ch 65-380 Note-Formerly sect101695

97071 Registration identification card-A registration identification card shall be furshynished all electors registering under the pershymanent registration system and shall contain

(1) Electors registration number (2) Date of registration (3) Full name (4) Sex (5) Party affiliation (6) Date of birth (7) Race (8) Residence address (9) Freeholder status

(10) Precinct or district number (11) Signature of registration officer (12) Place for electors signature (13) Other information deemed necessary

by the secretary of state Blstory-sect13 ch 3879 1889 RS 167 sect15 ch 4328 1895 GB

i91 192 ROB 235 236 COL 288 289 sect4 ch 24203 1947 sect11 ch 25035 1949 sect1 ch 26870 195i flO ch 27991 1953 sect6 ch 65-60

Note-Formery 119831 and 9831

333


97072 Replacement of registration identifishycation card-Every elector has the right to a replacement of his registration identification card without charge when same becomes deshyfaced upon his surrendering the card to the supervisor Any elector who loses his card is entitled to a renewal thereof by the supervisor of the county in which he was registered upon application and proof of the loss in the folshylowing manner he shall when the books are open apply for a new registration identificashytion card stating under oath administered by the supervisor that his card was lost and was not sold bartered or wilfully destroyed or lost which application the supervisor shall examine and if he feels the facts justify it he shall issue a renewal card marking across its face Renewal and make this entry in the regisshytration books The decision in such case if it is against the application is subject to review by the board of county commissioners proshyvided the applicant shall notify the supervisor of his appeal to the board of county comshymissioners within three days of the rejection

History-sect15 ch 3879 1889 RS 169 sect17 ch 4328 1895 GS 198 RGS 242 CGL 295 sect1 ch 26870 1951 sect8 ch 65-60

Note-Formerly sect9838 sect97101

97081 Registration of freeholder-(1) The supervisor or other registering ofshy

ficer shall require every person registering to state under oath or affirmation whether he is a

and in any bond election held after a reregisshytration of freeholders the power to issue bonds shall be based upon the approval by a majority of the votes cast in an election in which a majority of the reregistered freeholders who reshyregister and are qualified shall participate

( 4) The county commissioners or the govshyerning authority of the municipality shall by resolution or ordinance call for such reregistrashytion notify the supervisor or other registration officer as may be provided for by municipal charter and shall publish the calling of such reregistration in a newspaper of general cirshyculation once each week for four consecutive weeks stating the purpose and use of such reregistration

(5) The registration books shall be kept open for at least thirty days and closed at least fourteen days prior to the holding of any bond election at which time a certified number of registered freeholders shall be available as provided by law In computing days election day is to be excluded but all Sundays and holidays are to be included and should the fourteenth day preceding a bond election fall on a Sunday or holiday the registration books shall close at 5 00 pm on the day preceding

Hlstory-sect19 ch 14715 1931 CGL 1936 Supp 457(17) sect1 26870 1951 (6) sect1 ch 29934 1955 (2) sect1 ch 31404 1956 (3) sect24 ch 57-1 (2) (a) (4) U ch 69-158 (6) sect1 ch 61-372


freeholder and record it opposite his name in 97091 Electors must be registered in pre-the registration books cinct-

(2) (a) The county commissioners of any (1) No person shall be permitted to vote in county or the governing authority of any muni- any election precinct or district other than the cipality may at any time call for a reregistra- one in which he has his permanent place of tion of freeholder electors for the purpose of residence and in which he is registered proshysecuring a new and up-to-date list of freehold- vided however that persons listed in sect101691 ers to be used for qualifying freeholder electors shall be registered in the precinct in which the to participate in any election called for the county court house is located when they have purpose of approving the issuance of bonds of no permanent address in the county and it is such county or municipality respectively or their intention to remain a resident of Florida for the purpose of approving an act with refer- and of the county in which they are registered ence thereto The reregistration of freeholder to vote electors of a municipality may be called for (2) An elector who moves from the precinct under the provisions of this section for the in which he is registered may be permitted to purposes herein stated whether the proceed- vote in the precinct of former residence in any ings requiring such freeholders election are election prior to and including the next succeedshyunder the authority of the charter of the muni- ing general election After one general election cipality or under the authority of the general shall have passed subsequent to the change laws of residence the voter shall notify the supervi-

(b) The county comm1ss1oners of any sor and obtain a certificate of transfer to the county shall when presented with a resolution precinct in which he presently has his permashyadopted by the board of public instruction of nent place of residence to be entitled to vote said county requesting a reregistration of the in any future elections freeholder electors call such reregistration for (3) When an electors name does not apshythe purpose of securing a new and up-to-date pear on the registration books of the election list of freeholder electors of said county to precinct in which he is registered and when participate in any election called for the pur- he cannot present a valid registration identifishypose of approving the issuance of bonds for cation card he may have his name restored financing the school building program of said upon making satisfactory proof to the supershycounty or for the purpose of approving any act visor of the fact of his valid registration that with reference thereto The cost of making the his name has been omitted from the books and call and conducting the reregistration provided that he is entitled to have his name restored by this subsection shall be borne by the county The supervisor upon satisfactory proof of the board of public instruction requesting the same electors previous registration shall issue a

(3) The latest record of reregistered quali- duplicate registration identification card signed fied freeholders shall supersede prior records by the supervisor and by the elector across

334


the face of which shall be written or inscribed Duplicate Registration Identification Card Upon presentation of such card at his precinct he shall be entitled to vote

History-sect13 ch 3879 1889 RS 167 sect15 ch 4328 1895 GS 192 RGS 236 CGL 289 sect4 ch 24203 1947 sect11 ch 25035 1949 sect1 ch 26870 1951 sect4 ch 28156 1953 sect7 ch 65-60


97103 Duty of elector to record change in registration-It is the duty of electors under this permanent registration system to notify the supervisor in person of any changes in his record with reference to name by marriage or other legal process

History-sect7 ch 25391 1949 sect2 ch 26870 1951 sect5 ch 65-134 Note-Formerly sect9707 sect98071

97111 How persons may register change of party affiliation-Any person who has regisshytered desiring to change his party affiliation may at any time after a general election and thirty days before the next succeeding primary election when the registration books are open and at no other time change his party affiliashytion The person shall surrender his certificate of registration or card or make a sworn affidashyvit if his certificate or card is lost to the supershyvisor at which time the supervisor shall cancel his prior registration and issue the person a new certificate and card All cancellations are retained on file by the supervisor

History-sect9 ch 6469 1913 sectl ch 6874 1915 RGS 309 CGL 365 sect1 ch 25388 1949 sect1 ch 26870 1951 sect5 ch 28156 1953 sect2 ch 29934 1955


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there is appurtenant to each unit as part thereshyof an undivided share in the common elements

(8) Ballot or official ballot when used in reference to

(a) Voting machines (except when refershyence is made to irregular ballots) means that portion of the printed strips of cardboard paper or other material within the ballot frames containing the names of candidates or a statement of a proposed constitutional amendshyment or other question or proposition submitted to the electorate at any election

(b) Paper ballot means that printed sheet of paper containing the names of candidates or a statement of proposed constitutional amendshyments or other questions or propositions subshymitted to the electorate at any election on which sheet of paper an elector casts his vote

(9) Write-in candidate means any person who publicly campaigns for public office and whose name will not be printed on a ballot Such person shall be subject to the provisions of sectsect99161 99172 99183 and chapter 104 the same as if such person had duly qualified as a candidate as defined in sect97021 (18) A vote cast for a write-in candidate shall be reshyferred to as an irregular ballot

(10) Voting booth or booth wherever used in this election code shall mean that booth or enclosure wherein an elector casts his ballot be it a paper ballot or a voting machine ballot

(11) Election board shall mean the clerk and inspectors appointed to conduct an election

(12) Wherever the word supervisor is used it shall mean the supervisor of elections

(13) Weekday shall include every day but Sunday

(14) Minority political party is any group as defined in paragraphs (a) and (b) of this subsection which on January 1 preceding a primary election does not have registered as members five per cent of the total registered electors of the state

(a) Any group of citizens may organize as a political party if the general purpose of the organization is for election to office of qualishyfied persons and the determination of public isshysues under the accepted democratic processes of the United States

(b) Any such group may be recognized as a political party which on January 1 preceding a primary election has registered to vote as memshybers more than five per cent of the total regisshytered electors of the state Such political party shall nominate its candidates for elective ofshyfices to be voted for in the next general elecshytion in the primary and in no other manner exshycept to fill vacancies in nomination as othershywise provided

(15) The term members of the merchant marine of the United States means persons (other than members of the armed forces) emshyployed as officers or members of crews of vesshysels documented under the laws of the United

States or of vessels owned by the United States or of vessels of foreign-flag registry under charshyter to or control of the United States and pershysons (other than members of the armed forces) enrolled with the United States for employment or for training for employment or maintained by the United States for emergency relief servshyice as officers or members of crews of any such vessel but does not include persons so emshyployed or enrolled for such employment or for training for such employment or maintained for emergency relief service on the great lakes or the inland waterways

(16) The term armed forces shall be inshyterpreted to mean and include the army of the United States navy air force of the United States marine corps coast guard coast and geshyodetic survey and public health service when on active duty

(17) The term dependent means any pershyson who is in fact a dependent

(18) The word candidate shall mean any person who has filed his qualification papers and paid his qualifying fees as required by law

(19) Permanent branch office shall mean a substantial structure fixed or movable in which voter registrations will be accepted which office shall be designated by the supershyvisor and approved by the board of county commissioners at least fourteen days prior to the acceptance of registrations in such branch office Notice of the time and place of such regisshytrations shall be published at least once not less than one day prior to the taking of said registrations in a newspaper of general circushylation in the county where such office is to be located

Bistory-sect2 ch 6469 1913 RGS 300 sect1 ch 8582 1921 CGL 356 sect1 ch 13761 1929 sect1 ch 18060 1937 sect1 ch 19663 1939 sect1 ch 26870 1951 sect1 ch 28156 1953 sect1 ch 61-370 12 ch 65-60 sect1 ch 67-32 sect2 ch 67-142 12 ch 67-386


97031 Voting in national elections by nonshyregistered electors-

(1) Persons who have not yet fulfilled the residency requirements required of electors at the time of the holding of a national election for president and vice-president of the United States and who do not come within the purview of sect97041 but who have become residents of the state of Florida and who meet all the reshyquirements of Art VI of the constitution of Florida with the exception of the residency requirements and who are registered electors in the state from which they have moved may vote a special ballot in national elections for president and vice-president of the United States in accordance with the following subshysections

(2) Residents not meeting residence reshyquirements of electors desiring to vote in a national election for president and vice-presishydent of the United States shall execute in dupshylicate the following oath in the office of the supervisor of elections not more than forty-five days nor less than thirty days prior to a nashytional election

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