Senate Bill 1904
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Florida Senate - 1998 SB 1904
By Senators Latvala, McKay, Williams, Brown-Waite, Myers,
Sullivan, Lee, Grant, Childers, Bronson, Crist, Harris, Clary,
Horne, Kirkpatrick and Burt
19-684-98
1 A bill to be entitled
2 An act relating to polling places; amending s.
3 102.031, F.S.; revising provisions relating to
4 the solicitation of voters near polling places;
5 providing for the removal of certain persons
6 from polling rooms and polling places and their
7 vicinity; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsection (3) of section 102.031, Florida
12 Statutes, is amended to read:
13 102.031 Maintenance of good order at polls;
14 authorities; persons allowed in polling rooms; unlawful
15 solicitation of voters.--
16 (3)(a)1. A No person may not enter any polling room or
17 polling place where the polling place is also a polling room,
18 during voting hours except the following:
19 a.1. Official poll watchers;
20 b.2. Inspectors;
21 c.3. Election clerks;
22 d.4. The supervisor of elections or his or her deputy;
23 e.5. Persons there to vote, persons in the care of a
24 voter, or persons caring for such voter;
25 f.6. Law enforcement officers or emergency service
26 personnel there with permission of the clerk or a majority of
27 the inspectors; or
28 g.7. A person, whether or not a registered voter, who
29 is assisting with or participating in a simulated election for
30 minors, as approved by the supervisor of elections.
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Florida Senate - 1998 SB 1904
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1 2.(b) The restriction in this paragraph subsection
2 does not apply where the polling room is in an area commonly
3 traversed by the public in order to gain access to businesses
4 or homes or in an area traditionally used utilized as a public
5 area for discussion.
6 (b)(c) No person, political committee, committee of
7 continuous existence, or other group or organization may
8 solicit voters within 100 50 feet of the entrance to any
9 polling place, or polling room where the polling place is also
10 a polling room, on the day of any election.
11 1. Solicitation shall not be restricted if:
12 a. Conducted from a separately marked area within the
13 50-foot zone so as not to disturb, hinder, impede, obstruct,
14 or interfere with voter access to the polling place or polling
15 room entrance; and
16 b. The solicitation activities and subject matter are
17 clearly and easily identifiable by the voters as an activity
18 in which they may voluntarily participate; or
19 c. Conducted on property within the 50-foot zone which
20 is a residence, established business, private property,
21 sidewalk, park, or property traditionally utilized as a public
22 area for discussion.
23 2. Solicitation shall not be permitted within the
24 50-foot zone on a public sidewalk or other similar means of
25 access to the polling room if it is clearly identifiable to
26 the poll workers that the solicitation is impeding,
27 obstructing, or interfering with voter access to the polling
28 room or polling place.
29 (c)(d) For the purpose of this subsection, the term
30 "solicit" includes shall include, but is not be limited to,
31 seeking or attempting to seek any vote, fact, opinion, or
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Florida Senate - 1998 SB 1904
19-684-98
1 contribution; distributing or attempting to distribute any
2 political or campaign material, leaflet, or handout;
3 conducting a poll; seeking or attempting to seek a signature
4 on any petition; and selling or attempting to sell any item.
5 (d)(e) The election board may have Each supervisor of
6 elections shall inform the clerk of each precinct of the area
7 within which soliciting is unlawful, based on the particular
8 characteristics of that polling place. The supervisor or the
9 clerk may take any reasonable action necessary to ensure order
10 at the polling places which shall include:
11 1. Designating a specific area for soliciting pursuant
12 to paragraph (c) of this subsection, or
13 2. Having disruptive and unruly persons and persons
14 who unlawfully solicit removed by law enforcement officers
15 from the polling room or polling place or from the 100-foot
16 50-foot zone surrounding the polling place.
17 Section 2. This act shall take effect July 1, 1998.
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20 SENATE SUMMARY
21 Revises provisions related to solicitation near polling
places. Deletes certain exceptions to solicitation within
22 50 feet of a polling place and extends the prohibited
zone from 50 to 100 feet. Authorizes election boards to
23 have certain persons removed from the vicinity of polling
places.
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