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The Florida Senate

2004 Florida Statutes

SECTION 051
Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.
Section 101.051, Florida Statutes 2004

101.051  Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.--

(1)  Any elector applying to vote in any election who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of two election officials or some other person of the elector's own choice, other than the elector's employer, an agent of the employer, or an officer or agent of his or her union, to assist the elector in casting his or her vote. Any such elector, before retiring to the voting booth, may have one of such persons read over to him or her, without suggestion or interference, the titles of the offices to be filled and the candidates therefor and the issues on the ballot. After the elector requests the aid of the two election officials or the person of the elector's choice, they shall retire to the voting booth for the purpose of casting the elector's vote according to the elector's choice.

(2)  It is unlawful for any person to be in the voting booth with any elector except as provided in subsection (1).

(3)  Any elector applying to cast an absentee ballot in the office of the supervisor, in any election, who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of some person of his or her own choice, other than the elector's employer, an agent of the employer, or an officer or agent of his or her union, in casting his or her absentee ballot.

1(4)  If an elector needs assistance in voting pursuant to the provisions of this section, the clerk or one of the inspectors shall require the elector requesting assistance in voting to take the following oath:

DECLARATION TO SECURE ASSISTANCE


State of Florida
County of _____
Date _____
Precinct _____

I,  (Print name) , swear or affirm that I am a registered elector and request assistance from  (Print names)  in voting at the  (name of election)  held on  (date of election)  for the following reason







 (Signature of voter) 



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

 (Signature of Official Administering Oath) 


(5)  The supervisor of elections shall deliver a sufficient number of these forms to each precinct, along with other election paraphernalia.

History.--s. 3, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 2, ch. 59-446; s. 2, ch. 65-60; s. 1, ch. 65-380; s. 13, ch. 77-175; s. 2, ch. 79-366; s. 31, ch. 84-302; s. 12, ch. 85-226; s. 553, ch. 95-147; s. 8, ch. 99-6; s. 10, ch. 2002-281.

1Note.--Section 10, ch. 2002-281, amends subsection (4), effective, pursuant to s. 22, ch. 2002-281, "one year after the legislature adopts the general appropriations act specifically appropriating to the Department of State, for distribution to the counties, $8.7 million or such other amounts as it determines and appropriates for the specific purpose of funding this act." Line item 2871I of the 2004-2005 General Appropriations Act appropriates $11.6 million for distribution to the counties for one disability-compliant machine per polling place. For purposes of the effect of ch. 2002-281, 1 year after adoption of this appropriation would be July 1, 2005. Effective July 1, 2005, subsection (4) will read:

(4)  If an elector needs assistance in voting pursuant to the provisions of this section, the clerk or one of the inspectors shall require the elector requesting assistance in voting to take the following oath:

DECLARATION TO SECURE ASSISTANCE


State of Florida
County of _____
Date _____
Precinct _____

I,  (Print name) , swear or affirm that I am a registered elector and request assistance from  (Print names)  in voting at the  (name of election)  held on  (date of election) .

 (Signature of voter) 


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

 (Signature of Official Administering Oath) 

Note.--Former s. 100.36.