The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

View Entire Chapter

F.S. 101.043

101.043 Identification required at polls.—

(1)(a) The precinct register, as prescribed in s. 98.461, shall be used at the polls for the purpose of identifying the elector at the polls before allowing him or her to vote. The clerk or inspector shall require each elector, upon entering the polling place, to present one of the following current and valid picture identifications:

1. Florida driver license.

2. Florida identification card issued by the Department of Highway Safety and Motor Vehicles.

3. United States passport.

4. Debit or credit card.

5. Military identification.

6. Student identification.

7. Retirement center identification.

8. Neighborhood association identification.

9. Public assistance identification.

10. Veteran health identification card issued by the United States Department of Veterans Affairs.

11. A license to carry a concealed weapon or firearm issued pursuant to s. 790.06.

12. Employee identification card issued by any branch, department, agency, or entity of the Federal Government, the state, a county, or a municipality.

(b) If the picture identification does not contain the signature of the elector, an additional identification that provides the elector’s signature shall be required. The address appearing on the identification presented by the elector may not be used as the basis to challenge an elector’s legal residence. The elector shall sign his or her name in the space provided on the precinct register or on an electronic device provided for recording the elector’s signature. The clerk or inspector shall compare the signature with that on the identification provided by the elector and enter his or her initials in the space provided on the precinct register or on an electronic device provided for that purpose and allow the elector to vote if the clerk or inspector is satisfied as to the identity of the elector.

(2) If the elector fails to furnish the required identification, the elector shall be allowed to vote a provisional ballot. The canvassing board shall determine the validity of the ballot pursuant to s. 101.048(2).

History.—s. 1, ch. 77-267; s. 533, ch. 95-147; s. 10, ch. 98-129; s. 3, ch. 2001-40; s. 13, ch. 2003-415; s. 23, ch. 2005-277; s. 30, ch. 2005-278; s. 26, ch. 2007-30; s. 25, ch. 2011-40; s. 2, ch. 2016-167; s. 15, ch. 2022-73.

Note.—Former s. 98.471.

F.S. 101.043 on Google Scholar

F.S. 101.043 on Casetext

Amendments to 101.043

Arrestable Offenses / Crimes under Fla. Stat. 101.043

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.043.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CRAWFORD v. MARION COUNTY ELECTION BOARD, 553 U.S. 181 (U.S. 2008)

. . . . §101.043(1) (West Supp. 2008) (including a debit or credit card, a student ID, a retirement center . . . counted if the State determines that his signature matches the one on his voter registration form. §§ 101.043 . . . . § 101.043(1) (West Supp. 2008). . . . . §§ 101.043(2), 101.048. . . . Ann. §§101.043, 101.048. . . .

S. BROWNING, v. SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. a L., 968 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . Section 101.043 describes the types of identification that voters must present at the polls to obtain . . .