CopyCited 105 times | Published | Court of Appeals for the Eleventh Circuit | 2008 WL 880569
...such
applicant shall not be eligible to vote in that election.”). To be eligible to register
to vote, a person must be a citizen of the United States, a permanent resident of
Florida, over the age of eighteen, and not have been convicted of a felony or
adjudicated mentally incapacitated. See Fla. Stat. § 97.041....
...ballots outside of their registered precincts). Thus, under HAVA section 302,
states can still choose whether they will effectively waive the registration
requirement for voters casting provisional ballots. Florida has chosen not to do so,
see Fla. Stat. § 97.041(1)(a)(5); id. at § 97.041(1)(b)(3), and that decision conflicts
with neither section 302(a) nor with section 303(b)(2)(B) of HAVA.19
It is appropriate now to look through a wider lens, lest we miss the forest of
Congress’s intent for the trees of HAVA’...
...2, §§ 20108.38(c),
20108.65(e), 20108.70(c), 20108.71
6
Under Florida law, “[a] voter registration application is complete and becomes the
official voter registration record of that applicant when all information necessary to establish the
applicant’s eligibility pursuant to s.
97.041 is received by a voter registration official and
verified pursuant to [Subsection 6].” Fla. Stat. §
97.053(2).
7
Section
97.041 sets forth the “qualifications to register to vote,” which include that a
person (1) must be at least eighteen years of age, (2) is a U.S. citizen, (3) is a legal resident of
Florida, (4) is a legal resident of the county in which they seek to register, (5) has not been
adjudicated mentally incapacitated, and (6) has not been convicted as a felon. Id. §
97.041.
8
An applicant may also provide an identification number from a Florida identification
card issued pursuant to Florida Statutes §
322.051....
...you have any questions regarding your registration, please call your county Supervisor of
Elections.” Id.
26
Just above this language, the website lists the qualifications to become a registered
voter in Florida, as enumerated under Florida Statutes § 97.041, a provision which does not
mention the filing of a mistake-free application as a prerequisite to have an applicant’s vote
counted....
CopyCited 93 times | Published | Supreme Court of Florida | 1992 WL 4452
...We recognize that other consequences may follow an involuntary commitment under The Baker Act, such as the stigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., §
322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); §
97.041(3)(a), Fla....
...And my review of the law discloses one point very vividly: The potential loss of civil rights during the period of an illegal civil commitment is truly staggering, exceeded only by imprisonment for crime. Persons adjudged to be incompetent may not register to vote, section 97.041(3)(a), Florida Statutes (1989), and may be stripped of their voter registration by court order....
CopyCited 38 times | Published | District Court, S.D. Florida
...969: "Disqualifications. No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability." Florida Statute 97.041(5) (d), F.S.A....
CopyCited 31 times | Published | Supreme Court of Florida
...aignment to file Motions to Dismiss the Indictment. Subsequent to arraignment of this cause and prior to trial, said motion to dismiss or in the alternative to exclude the jury panel was filed pursuant to FRCrP 3.300, F.S. §
40.01(1), (3), and F.S. §
97.041....
..."The Trial Court made the following findings of fact in regards to the certified questions of law: FINDINGS OF FACT "1. The defendant, George Silva, duly and properly presented this Challenge to the Jury Venire list and jury panel pursuant to FRCrP 3.300, and F.S.
40.01(1), (3); and F.S.
97.041....
CopyCited 24 times | Published | Supreme Court of Florida | 1988 WL 110770
...Florida law protects seventeen-year-olds and those who are younger, treating them as "minors" and "children," see sections
1.01(14),
39.01(7), Florida Statutes (1987), not as mature adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 54 Fed. R. Serv. 246, 2000 U.S. App. LEXIS 3246
...mostly nonresident population, housed in a state prison and a state mental institution: few of the mental
institution patients are county residents; and the inmates, convicted felons, cannot vote under Florida law.
See Fla. Const. art. 6, § 4; Fla. Stat. § 97.041(2)(b)....
CopyCited 20 times | Published | Supreme Court of Florida
...of the municipality. Another section of the charter provides that "all electors shall be qualified according to the laws of the State of Florida or special acts applicable to electors in the County of Pinellas." Appellants further contend that under Section 97.041, Florida Statutes, F.S.A., in order to be a qualified elector among other things a person must be "a permanent resident living in Florida for one year and residing in the county where he wishes to register for six months"....
CopyCited 20 times | Published | Supreme Court of Florida | 1999 WL 506966
...Florida law protects seventeen-year-olds and those who are younger, treating them as "minors" and "children," see sections
1.01(14),
39.01(7), Florida Statutes (1987), not as mature adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...7.071. Thus, a finding that Lane could consent to the publication of her image and likeness in Girls Gone Wild does not contravene Florida's public policy against the sexual exploitation of children. [43] See Fla. Stat. §
40.01. [44] See Fla. Stat. §
97.041....
CopyCited 14 times | Published | District Court, M.D. Florida | 1992 WL 436560
...residents of the State of Florida. [10] Defendants support this assertion on two grounds: first, in order to qualify to register to vote, a person must be "a permanent resident of Florida and of the county where he wishes to register," see Fla.Stat. § 97.041(1); second, the oath given to electors, and presumably taken by Plaintiffs states, in part, "I am qualified to register as an elector under the Constitution and laws of the State of Florida, and that I am a citizen of the United States and a legal resident of [Flagler] County, Florida." Fla.Stat....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1988 WL 2632
...ed" and "conviction" in the context of this statute. However, a 1949 Attorney General Opinion indicates that a defendant loses his civil rights when he is adjudged guilty by the court and sentence has been pronounced. 1949 Op.Atty.Gen. Fla., p. 623. Section 97.041(3)(b), Florida Statutes (1985), provides that "Persons convicted of any felony by any court of record and whose civil rights have not been restored" are not entitled to register or to vote....
CopyCited 12 times | Published | Supreme Court of Florida
...Blumstein,
405 U.S. 330,
92 S.Ct. 995,
31 L.Ed.2d 274 (1972); Hinnant v. Sebesta,
346 F. Supp. 913 (M.D.Fla. 1972); Woodsum v. Boyd,
341 F. Supp. 448 (M.D.Fla. 1972). A United States District Court in Woodsum struck down the durational residence requirements of F.S. Section
97.041, F.S.A., which required Florida citizens to have a minimum residency of one year in the state and six months in the county as a prerequisite to registration as electors. A single-judge Federal court in Hinnant then declared unconstitutional the sixty-days residence requirement provided in Chapter 72-197, Laws of Florida 1972, amending F.S. Section
97.041, F.S.A....
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit
...nresident population, housed in
a state prison and a state mental institution: few of the mental institution patients are
county residents; and the inmates, convicted felons, cannot vote under Florida law.
See Fla. Const. art. 6, § 4; Fla. Stat. § 97.041(2)(b)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 9027, 2001 WL 726002
...requires that one have a "domicile in the state for a period of at least 6 months." § 408.903, Fla. Stat. (2000). In order to qualify to vote, a person must be a "legal resident" of both the state and the county, and a citizen of the United States. § 97.041, Fla....
...n which fits one situation will wriggle out of our hands when used in another context or in a different sense." Missouri v. Tustin, 322 S.W.2d 179, 180 (Mo.Ct.App. 1959). [2] This statute previously required a voter to be a "permanent resident." See § 97.041, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1999 WL 242556
Arthur Larson, The Law of Workmen's Compensation, § 97.41(b) (1994). Frequently the offset cannot exceed
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...fore registered under the provisions of the Town Charter, and shall provide for the registration ... of any person who seeks to register as a qualified elector in the Town of Indian River Shores who possesses the qualifications set forth in Sections
97.041(1), 98.091(3) and
166.032, Florida Statutes, or in Section 2, Article VI of Chapter 29163, Laws of Florida ......
...s. However, Section 98.041 makes registration in the single permanent registration system a requirement for voting in all elections. In order to qualify to register in the permanent registration system one must be a permanent resident of the county. Section 97.041(1), Florida Statutes 1974....
CopyCited 5 times | Published | District Court, M.D. Florida | 1976 U.S. Dist. LEXIS 12093
...the State of Florida, be registered to vote in the City of Longwood, and thereafter a one year residency. The general election laws of the State of Florida do not require a durational residency requirement as a condition to registering to vote. See § 97.041, F.S.A....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...follow an involuntary commitment under The Baker Act, such as the stigma that society may attach, as well as some restrictions on a person's privileges and opportunities. See, e.g., §
322.05(5), Fla. Stat. (1989) (restriction on drivers' licenses); §
97.041(3)(a), Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 12336
...MEMORANDUM OPINION HODGES, District Judge. On February 10, 1972, following argument of the case before a three-judge panel, my colleagues held in Woodsum v. Boyd,
341 F.Supp. 448 (M.D.Fla.1972), that the durational residency requirements of Florida Statute
97.041, F.S.A., (1971) were unconstitutional under the equal protection clause of the Fourteenth Amendment....
...the county. During this period the Florida Legislature was sitting in regular session, having convened on February 1, 1972; and in obvious response to Woodsum and Blumstein, it enacted Chapter 72-197, Laws of Florida (1972), amending Florida Statute 97.041, F.S.A....
...intiff Woodman on the following day. Each was filed as a class action under 42 U.S.C.A. § 1983, and both attack the constitutionality of the sixty day durational residency requirement established by the recently enacted amendment of Florida Statute 97.041 (Chapter 72-197, Laws of Florida)....
...so palpably unconstitutional that any contention to the contrary would be frivolous. Thus, upon receipt of Judge Brown's letter of August 4, this court promptly ordered the defendants to appear on August 11, 1972, and show cause why Florida Statute 97.041, F.S.A....
...dent [for 60 days] as he would *916 swear that he was simply a resident."
405 U.S. at 346,
92 S.Ct. at 1005. In short, there can be but one conclusion. The case is controlled by Blumstein, and the durational residency requirements of Florida Statute
97.041, F.S.A., as amended by Chapter 72-197, Laws of Florida, are hereby declared to be unconstitutional....
CopyCited 4 times | Published | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 11998
...O'Brien, Resident County Atty., Hillsborough County, Tampa, Fla., for defendant Jim Sebesta. Before RONEY, Circuit Judge, and KRENTZMAN and HODGES, District Judges. PER CURIAM: These consolidated suits were filed on August 2 and 3, 1972, challenging the constitutionality of Florida Statute 97.041, F.S.A....
...uirement does not increase the amount of time the State has in which to carry out an investigation into the sworn claim by the would-be voter that he is in fact a resident." The sixty day durational residency requirement contained in Florida Statute 97.041, F.S.A., is hereby declared to be unconstitutional.
CopyCited 4 times | Published | Supreme Court of Florida
...removal of disability. The legislature has amplified on the disabilities which stem from conviction of a felony. Section
112.011 (employment); Section
790.23(1) (firearms); Section 40.07(1) (jury); Section
775.13 (registration of convicted felons); Section
97.041(3)(d) (voting); and Section
561.15 (beverage license), Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...ch was introduced into evidence was slipped under his door. [2] There was no testimony that he or any other person who received the letter was a registered voter or even that he was a permanent resident of Florida, and thus eligible to vote under Section 97.041, Florida Statutes (1978) at the November, 1978 general election....
CopyCited 4 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 14113
...The jurisdiction of this Court was invoked under 28 U.S.C. § 1343(3) and the Court has jurisdiction of this case. In her complaint filed February 3, 1972, on behalf of herself and all others similarly situated the plaintiff sought to have the durational residency requirements of Section 97.041 of the Florida Statutes, F.S.A....
...Based upon the evidence and the argument presented at the February 10 hearing, and upon the further consideration of the Court, an order was entered on that date. In that order the Court held that the durational residency requirements of Florida Statutes, Section 97.041, F.S.A., of one year in the State and six months in the county where the voter desires to register, are unconstitutional under the equal protection clause of the Fourteenth Amendment....
...erence primary and subsequent elections, but was advised by the defendant county Election Supervisor, James H. Boyd, or others representing him, that she would not be permitted to register since she had not met the statutory requirement of Fla.Stat. § 97.041, F.S.A....
...CLASS ACTION The Court holds that this action may be maintained by the plaintiff as a class action on behalf of persons similarly situated. The class consists of, and is limited to, those bona fide residents of the State of Florida who do not fulfill the durational residency requirements of Section 97.041 of the Florida Statutes, F.S.A....
...The prerequisites to a class action as prescribed by Rule 23(a) of the Federal Rules of Civil Procedure are found to be present and the action is maintainable as a class action under Rule 23(b) (2) and (3). ISSUES PRESENTED The plaintiff complains that the durational residency requirements of Florida Statute § 97.041, F.S.A....
...t to vote. Carrington v. Rash,
380 U.S. 89,
85 S.Ct. 775,
13 L. Ed.2d 675 (1965); Hall v. Beals (dissent of Justice Marshall), supra. CONCLUSION Therefore, it is the judgment of the Court that the durational residency requirement of Florida Statutes §
97.041, F.S.A., of one year in the state and six *454 months in the county in which the voter wishes to register is an unconstitutional limitation upon the right to vote in violation of the equal protection clause of the Fourteenth Amendment....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ark his ballot, follow the instructions enclosed with his ballot, place only the marked ballot in a plain envelope and return same to the supervisor of the county in which his precinct is located." [11] A qualified elector in Florida, as provided by Section 97.041, Florida Statutes, is a person who is over 18 years of age, a citizen of the United States and a permanent resident of Florida and the county where registered, has not been declared mentally incompetent and not restored to competency, has not been convicted of a felony and not been restored to civil rights....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Laws of Florida, Special Acts of 1955) provides that the city commission of the city shall be composed of five members "* * who shall be owners of real estate within the City of St. Augustine, and who shall be qualified electors of said City * * *." Section 97.041, Florida Statutes, F.S.A., provides that the following persons, among others, are not entitled to vote: "4....
...ty shall not accrue until after trial and conviction by due form of law; provided, however, that nothing in this section shall be so construed as to remove or affect any punishment or legal disability resulting from convictions heretofore." Sections 97.041 and 112.01, Florida Statutes, F.S.A., were presumably enacted by the State Legislature pursuant to the authority granted it in Article VI, Section 5, of the Florida Constitution, F.S.A., reading as follows: SECTION 5....
...466; National Trust Co. [of New York] v. Gleason, 77 N.Y. 400; Story on Conflict of Laws, § 92; 1 Greenl.Ev. § 376." Applying this rule here, the only disqualification statute of Florida left for our consideration and instruction is paragraph five of Section 97.041, Florida Statutes, F.S.A., which declares not entitled to vote persons "convicted of bribery, perjury, larceny or any infamous crime in this or other states, or interested in any wager depending on the result of any election." Obviousl...
...le offenses as disqualifications. The precise question before us, then, is whether the crime of assault-second degree of which the respondent was convicted by the New York court in 1937 was an "infamous crime" within the meaning of paragraph five of Section 97.041, Florida Statutes, F.S.A....
...fice of city commissioner of St. Augustine, Florida. The heart of the question before us, then, is whether the crime of which the respondent was convicted in New York in 1937 is an "infamous crime" within the meaning of the term in paragraph five of Section 97.041....
...ion 7489, C.G.L. See section 5004, R.G.L., section 7103, C.G.L." The Circuit Court in the judgment of ouster appealed from herein relied upon the decision of the Supreme Court in the Adams case as a ruling that an "infamous crime," as referred to in Section 97.041(5), is defined as one punishable in a State prison or penitentiary....
...As we held above, the lawful maximum punishment in Florida at the time he committed the crime in New York was not such that it made the crime a felony. Furthermore, it is our opinion that neither such maximum punishment nor the crime itself was "infamous" within the meaning of Section 97.041, paragraph 5....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 148222
..., shall be an elector of that county. The statutes define a qualified elector as "any person 18 years of age who is a citizen of the United States and a legal resident of Florida and the county where he wishes to register" and who registers to vote. § 97.041(1)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 728651
...IDENTS OF THAT HOME, BECAUSE HE OR SHE HAS ESTABLISHED TEMPORARY RESIDENCES ELSEWHERE IN CONNECTION WITH MILITARY DUTY ASSIGNMENTS, WITHOUT ESTABLISHING A DIFFERENT PERMANENT RESIDENCE? Fla.R.App.P. 9.030(a)(2)(A)(v). DAUKSCH, J., concurs. NOTES [1] § 97.041, Fla.Stat....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 48642
A. Larson, Larson's Workman's Compensation Law § 97.41(c) (1989). The pension plan at issue in this case
CopyPublished | Florida 5th District Court of Appeal
restoration of [his or her] civil rights . . . .”6 Section
97.041 codifies the constitutional requirement of
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
ss.
97.041,
97.051,97.071, and 98.111, F.S. Section
97.041(1), F.S., as amended by Ch. 74-5, Laws of Florida
CopyPublished | District Court, N.D. Florida
§ 4 (a), FLA. CONST. art. IV § 8, FLA. STAT. §
97.041(2)(b), FLA. STAT. §
944.292(1), and the Florida
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
any state prison are not entitled to vote. Section
97.041(3)(b) and (d).) Absentee registration may be
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8468
Defendant to take that oath in order to register. Section
97.041, Florida Statutes, is entitled “Qualifications
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
as amended by Ch. 73-308, Laws of Florida. Section
97.041, F.S., provides in part: "
97.041 Qualifications
CopyPublished | Supreme Court of Florida
statute uses the exclusionary word “only.” See §
97.041(1)(a), Fla. Stat. (2019). The proposed amendment
CopyPublished | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 13371, 2007 WL 603053
...e applicants from voting for no legitimate or compelling state interest. Id. A mental capacity requirement may not be a familiar concept to many applicants, nonetheless, it relates to a settled limitation on voting rights in Florida. Florida Statute § 97.041(2) mandates that, "the following persons, who might be otherwise qualified, are not entitled to register to vote: a person who was been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law." Fla. Stat. § 97.041(2) (2006)....
...rary, it mirrors the language used in the Florida Statute, and it fulfills its stated purpose, it asks whether a person has "been adjudicated mentally incapacitated" and if he or she has had his or her capacity "restored" pursuant to law. Fla. Stat. § 97.041(2) (2006); Voter Registration Application....
