Student Voting Project | Florida

Voting at School

ID Requirements

All Floridavoters have to show current photo ID with a signature at the polls on ElectionDay.  If your photo ID does not include asignature, you should bring another form of ID that includes your signature.  Student ID counts as valid photo ID, as does aFlorida drivers' license, a Florida ID, a U.S.passport, a debit or credit card, or military ID. 

Ifyou are a first-time voter who is registering by mail who doesn't have a Florida driver's licenseor non-driver ID card or a Social Security number, you'll need to provide ID,either when you register or when you vote, at the polls or with an absenteeballot.  Acceptable ID includes apassport, an employee ID, a debit/credit card with a photo, a military ID, astudent photo ID, or a current utility bill, bank statement, government check,paycheck, or other government document with your name and address.

If you can't show ID that you're required to show, you'llhave to vote a provisional ballot, which will be counted if you are otherwiseeligible.

Registration Requirements

The registration deadline is 29 days before the election,and your mail-in application must be postmarked by the 29^th daybefore an election.  When you register to vote in Florida , the state has to verify your either your Florida driver's licenseor ID card number or the last four digits of your Social Security number beforethey'll add your name to the voter rolls.  If they can't verify your number by matchingit with the driver's license or Social Security database, they'll send younotice that you need to complete your registration by showing your driver'slicense or Social Security card to the supervisor (or sending them a photocopy bymail, fax, or e-mail).  If you provideyour card (or a copy) before Election Day, you'll be registered and allowed tovote a regular ballot.  If you haven'tdone so by Election Day, you'll still be eligible to vote a provisional ballot,but will have to present your card to the supervisor (or send in a copy) by5:00 on the second day after the election for the ballot to count.

Residency Requirements

If you move to your school address in Floridawith the present intent to make it your principal home and you don't plan tomove back to the place you lived before, you should be able to establishresidency in Florida.  While the constitution requires that you be "apermanent resident of the state," nocourt decision or other law suggests that you need to have anything more than apresent intent to stay at your new address.  In other words, as long as you consider your Florida address your home and you don't have definite plans to leave the state after graduating, you should be able to register.  The election laws require you to be a "legalresident" of the state and the election district you register in,  which is defined by state courts as the sameas domicile.  To establish a new domicile, you have to movesomewhere with the intent of making it your new principal home; your statementthat your domicile is in a particular place is the best evidence of yourdomicile. 

Students who lived in Floridaprior to moving to another state for school, and who wish to establish or keeptheir Floridavoting residency (i.e., at their parents' address) should have no problem doingso unless they've already registered to vote in another state. Like all states,Floridaallows students to keep their voting residency even if they move out of thecounty or state to attend school, and the only way you might lose thisresidency is by establishing residency in a new state. While registering to votein another state is not automatically considered abandonment of residency in Florida, some judges orofficials might view it as such.

If you're driving in Florida,you should be aware that if you register to vote in Florida you're automatically considered aresident under the driver's license and car registration laws.  You have ten days to register your car afteryou become a resident.

The supervisor of elections for your county has thediscretion to reject your application initially if they don't think you're alegal resident.  They have to inform youof the rejection and the reason for it.  If the election supervisor suspects you'renot eligible after you've already register to vote, they'll send you notice ofyour potential ineligibility.  If you don'trespond to that notice, your registration will be cancelled.  If you do respond, you can request a hearing.  If the supervisor decides you're ineligibleafter the hearing, you can appeal that decision to court.  Finally, your right to vote can be challengedup to thirty days before an election by another registered voter; if you'rechallenged in this way, you'll be made to vote a provisional ballot at thepolls. 

At the polls, your right to vote can be challenged on thebasis of your residency by another voter or by a partisan challenger.  The challenge must be made in writing.  Once the challenge is made, you'll have tovote via provisional ballot.  If you're made to vote by provisional ballot,you can present written evidence to the supervisor of your eligibility by 5:00 on the second day after theelection.  The county canvassing board will decidewhether to count your ballot and the burden is on the challenger to prove thatyou're not eligible. 

Absentee Requirement

Florida is a no-fault absentee state—you do not need an excuse to vote absentee.  To request an absentee ballot by mail, your application must be received by 5 p.m. on the sixth day before the election. You can apply over the phone or in writing, and some county supervisors offer online request forms.  Your absentee ballot must be received by the office of the supervisor of elections by 7 p.m. on Election Day.  Neither your application nor your ballot has to be notarized or witnessed.

Voting at Home

ID Requirements

All Floridavoters have to show current photo ID with a signature at the polls on ElectionDay.  If your photo ID does not include asignature, you should bring another form of ID that includes your signature.  Student ID counts as valid photo ID, as does aFlorida drivers' license, a Florida ID, a U.S.passport, a debit or credit card, or military ID. 

Ifyou are a first-time voter who is registering by mail who doesn't have a Florida driver's licenseor non-driver ID card or a Social Security number, you'll need to provide ID,either when you register or when you vote, at the polls or with an absenteeballot.  Acceptable ID includes apassport, an employee ID, a debit/credit card with a photo, a military ID, astudent photo ID, or a current utility bill, bank statement, government check,paycheck, or other government document with your name and address.

If you can't show ID that you're required to show, you'llhave to vote a provisional ballot, which will be counted if you are otherwiseeligible.

Registration Requirements

The registration deadline is 29 days before the election,and your mail-in application must be postmarked by the 29^th daybefore an election.  When you register to vote in Florida , the state has to verify your either your Florida driver's licenseor ID card number or the last four digits of your Social Security number beforethey'll add your name to the voter rolls.  If they can't verify your number by matchingit with the driver's license or Social Security database, they'll send younotice that you need to complete your registration by showing your driver'slicense or Social Security card to the supervisor (or sending them a photocopy bymail, fax, or e-mail).  If you provideyour card (or a copy) before Election Day, you'll be registered and allowed tovote a regular ballot.  If you haven'tdone so by Election Day, you'll still be eligible to vote a provisional ballot,but will have to present your card to the supervisor (or send in a copy) by5:00 on the second day after the election for the ballot to count.

Residency Requirements

If you move to your school address in Florida with the present intent to make it your principal home and you don't plan to move back to the place you lived before, you should be able to establish residency in Florida.  While the constitution requires that you be "a permanent resident of the state," no court decision or other law suggests that you need to have anything more than a present intent to stay at your new address.  In other words, as long as you consider Florida your home and have no definite plans to leave the state after graduating, you should be able to register. The election laws require you to be a "legal resident" of the state and the election district you register in,  which is defined by state courts as the same as domicile.  To establish a new domicile, you have to move somewhere with the intent of making it your new principal home; your statement that your domicile is in a particular place is the best evidence of your domicile. 

Students who lived in Florida prior to moving to another state for school, and who wish to establish or keep their Florida voting residency (i.e., at their parents' address) should have no problem doing so unless they've already registered to vote in another state. Like all states, Florida allows students to keep their voting residency even if they move out of the county or state to attend school, and the only way you might lose this residency is by establishing residency in a new state. While registering to vote in another state is not automatically considered abandonment of residency in Florida, some judges or officials might view it as such.

If you're driving in Florida, you should be aware that if you register to vote in Florida you're automatically considered a resident under the driver's license and car registration laws.  You have ten days to register your car after you become a resident.

The supervisor of elections for your county has the discretion to reject your application initially if they don't think you're a legal resident.  They have to inform you of the rejection and the reason for it.  If the election supervisor suspects you're not eligible after you've already register to vote, they'll send you notice of your potential ineligibility.  If you don't respond to that notice, your registration will be cancelled.  If you do respond, you can request a hearing.  If the supervisor decides you're ineligible after the hearing, you can appeal that decision to court.  Finally, your right to vote can be challenged up to thirty days before an election by another registered voter; if you're challenged in this way, you'll be made to vote a provisional ballot at the polls. 

At the polls, your right to vote can be challenged on the basis of your residency by another voter or by a partisan challenger.  The challenge must be made in writing.  Once the challenge is made, you'll have to vote via provisional ballot.  If you're made to vote by provisional ballot, you can present written evidence to the supervisor of your eligibility by 5:00 on the second day after the election.  The county canvassing board will decide whether to count your ballot and the burden is on the challenger to prove that you're not eligible. 

Absentee Requirement

Floridais a no-fault absentee state—you do not need an excuse to vote absentee.  To request an absentee ballot by mail, yourapplication must be received by 5 p.m.on the sixth day before the election. You can apply over the phone or inwriting, and some county supervisors offer online request forms.  Your absentee ballot must be received by theoffice of the supervisor of elections by 7p.m. on Election Day.  Neither your application nor your ballot hasto be notarized or witnessed.

[1] Fla. Const. art. VI, §2.

[2] See generally 1971 Fla. AG LEXIS 182 (Fla. AG 1971)

[3] Fla. Stat. § 97.041.

[4] Bloomfield v. St. Petersburg Beach, 82 So.2d 364 (Fla. 1955); Miller v. Gross, 788 So.2d 256 (Fla. 4th DCA 2000).

[5]  Walker v. Harris, 398 So.2d 955 (Fla. 4th DCA 1981); see also Supervisor of Elections, Alachua County, "register to vote Or Update Your Registration: What Does It Mean, a Legal Resident?" at http://elections.alachua.fl.us/voter%2Dregistration/Register%5Fto%5FVote/ (last visited July 26, 2008).

[6] Fla. Stat. § § 320.01(35),322.01(33).

[7] Fla. Stat. § 97.073 (2008)

[8] Fla. Stat. § 97.075 (2008)

[9] Fla. Stat. § 98.0755.

[10] Fla. Stat. § 101.111(3)

[11] Fla. Stat. § 101.111

[12] Fla. Stat. § 101.111(3)

[13] Fla. Stat. § 101.111(3)

[14] Fla. Stat. § 101.048(1)

[15] Fla. Stat. § 101.048(2)(a)

[16] Fla. Stat. § 97.053, 97.055.

[17] Fla. 97.053(6)

[18] Fla. Stat. § 101.043.

[19] Fla. Stat. § 97.0535.

[20] Fla. Stat. § 101.043(2)

[21] Fla. Stat. § 101.048(2)

[22] Fla. Stat. § 97.021.

[23] Fla. Stat. § 101.62.

[24] Fla. Stat. § 101.67.