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The Florida Statutes

The 2000 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
Voting Methods And Procedure
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Section 101.111, Florida Statutes 2000

101.111  Person desiring to vote may be challenged; challenger to execute oath; oath of challenged elector; determination of challenge.--

(1)  When the right to vote of any person who desires to vote is questioned by any elector or watcher, the challenge shall be reduced to writing with an oath as provided in this section, giving reasons for the challenge, which shall be delivered to the clerk or inspector. Any elector or authorized poll watcher challenging an elector at an election shall execute the oath set forth below:

OATH OF PERSON ENTERING CHALLENGE


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_____ or the country of _____; that my residence is on _____ street, 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) 


(2)  Before a challenged elector is permitted to vote by any officer or person in charge of admission to the polling place, the challenged elector's right to vote shall be determined in accordance with the provisions of subsection (3). The clerk or inspector shall immediately deliver to the challenged elector a copy of the oath of the person entering the challenge and shall request the challenged elector to execute the following affidavit:

OATH OF CHALLENGED VOTER


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 _____ or the country of _____; that my residence is on _____ street, in the municipality of _____, in this the _____ precinct of _____ county; that I personally made application for registration and signed my name and that I am a qualified voter, and I am not registered to vote in any other precinct other than the one in which I am presently seeking to vote.

 (Signature of voter) 




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

 (Clerk of election or Inspector) 




Any inspector or clerk of election may administer the oath.

(3)  If the challenged person refuses to make and sign the affidavit, the clerk or inspector shall refuse to allow him or her to vote. If such person makes the affidavit, the inspectors and clerk of election shall compare the information in the affidavit with that entered on the registration books opposite the person's name, and, upon such comparison of the information and the person's signature and the taking of other evidence which may then be offered, the clerk and inspectors shall decide by a majority vote whether the challenged person may vote. If the challenged person is unable to write or sign his or her name, the clerk or inspector shall examine the precinct register to ascertain whether the person registered under the name of such person is represented to have signed his or her name. If the person is so represented, then he or she shall be denied permission to vote without further examination; but, if not, then the clerk or one of the inspectors shall place such person under oath and orally examine him or her upon the subject matter contained in the affidavit, and, if there is any doubt as to the identity of such person, the clerk or inspector shall compare the person's appearance with the description entered upon the precinct register opposite the person's name. The clerk or inspector shall then proceed as in other cases to determine whether the challenged person may vote.

History.--s. 43, ch. 4328, 1895; GS 227; s. 43, ch. 6469, 1913; RGS 272, 347; CGL 328, 404; s. 5, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 23, ch. 28156, 1953; s. 4, ch. 65-380; s. 13, ch. 77-175; s. 554, ch. 95-147; s. 9, ch. 99-6.

Note.--Former ss. 99.26, 102.42.