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The Florida Senate

2004 Florida Statutes

SECTION 51
Electors to occupy booth alone; time allowed.
Section 101.51, Florida Statutes 2004

1101.51  Electors to occupy booth alone; time allowed.--

(1)  When the elector presents himself or herself to vote, the election official shall ascertain whether the elector's name is upon the register of electors, and, if the elector's name appears and no challenge interposes, or, if interposed, be not sustained, one of the election officials stationed at the entrance shall announce the name of the elector and permit him or her to enter the booth or compartment to cast his or her vote, allowing only one elector at a time to pass through to vote. No elector, while casting his or her ballot, shall occupy a booth or compartment longer than 5 minutes or be allowed to occupy a booth or compartment already occupied or to speak with anyone, except as provided by s. 101.051, while in the polling place.

(2)  If an elector requires longer than 5 minutes, then upon a sufficient reason he or she may be granted a longer period of time by the election officials in charge. After casting his or her vote, the elector shall at once leave the polling room by the exit opening and shall not be permitted to reenter on any pretext whatever. After the elector has voted, or declined or failed to vote within 5 minutes, he or she shall immediately withdraw from the polling place. If the elector refuses to leave after the lapse of 5 minutes, he or she shall be removed by the election officials.

History.--ss. 44, 45, ch. 4328, 1895; GS 228, 229; RGS 273, 274; CGL 329, 330; s. 20, ch. 13893, 1929; 1936 Supp. 337(20); s. 5, ch. 26870, 1951; s. 25, ch. 65-380; s. 18, ch. 77-175; s. 574, ch. 95-147; s. 11, ch. 2002-281.

1Note.--Section 11, ch. 2002-281, amends s. 101.51, 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, s. 101.51 will read:

101.51  Electors to occupy booth alone.--

(1)  When the elector presents himself or herself to vote, the election official shall ascertain whether the elector's name is upon the register of electors, and, if the elector's name appears and no challenge interposes, or, if interposed, be not sustained, one of the election officials stationed at the entrance shall announce the name of the elector and permit him or her to enter the booth or compartment to cast his or her vote, allowing only one elector at a time to pass through to vote. An elector, while casting his or her ballot, may not occupy a booth or compartment already occupied or speak with anyone, except as provided by s. 101.051, while in the polling place.

(2)  After casting his or her vote, the elector shall at once leave the polling room by the exit opening and shall not be permitted to reenter on any pretext whatever.

Note.--Former ss. 99.27, 99.28, 100.20.