The Florida Senate

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

(1)  When the right to vote of any person who desires to vote is challenged by any elector or poll 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 poll watcher challenging the right of a person to vote 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 my residence address is _____, 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:

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 (Signature of person challenging voter) 

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

 (Clerk of election) 

(2)  Before a person who is challenged is permitted to vote, the challenged person'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 person a copy of the oath of the person entering the challenge and shall request the challenged person to execute the following oath:

OATH OF PERSON CHALLENGED

State of Florida
County of _____


I do solemnly swear that my name is _____; that I am a member of the _____ party; that my date of birth is _____; that my residence address is _____, 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 in this election.

 (Signature of person) 

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)(a)  The clerk and inspectors shall compare the information in the challenged person's oath with that entered on the precinct register and shall take any other evidence that may be offered. The clerk and inspectors shall then decide by a majority vote whether the challenged person may vote a regular ballot.

(b)  If the challenged person refuses to complete the oath or if a majority of the clerk and inspectors doubt the eligibility of the person to vote, the challenged person shall be allowed to vote a provisional ballot. The oath of the person entering the challenge and the oath of the person challenged shall be attached to the provisional ballot for transmittal to the canvassing board.

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; s. 17, ch. 2003-415.

Note.--Former ss. 99.26, 102.42.