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Florida: Limits on Voter Eligibility Challenges

This resource details state and federal laws that guard voters against unfounded challenges to their eligibility.

Last Updated: September 23, 2024
Published: June 10, 2024
View the entire Limits on Voter Eligibility Challenges series

Written and published in partnership with All Voting is Local

Florida, like most states, allows private individuals to challenge another person’s eligibility to vote. This resource details state and federal laws that govern this process and protect challenged voters. Florida’s voter protections include a requirement that all challenges be in writing and signed under penalty of perjury, and a requirement that challenged voters be allowed to vote a provisional ballot.

Florida law only permits challenges during a 30-day window before and on Election Day.

The National Voter Registration Act limits when and how voters can be removed from the rolls. Under the act, states and counties are permitted to remove a voter in just five circumstances: if the voter affirms the change; if state law requires, for a criminal conviction or mental incapacity; for the death of the voter; if the voter confirms a change of residence in writing; and based on other evidence of a change of residence, but only after the state sends a notice and the voter both fails to respond and fails to vote in the next two federal general elections. footnote18_c2pGDziFOYg31tsPV5CrtkICNKjuVU5xIMZ6UCP1WA_bAIAMBYNljCo1852 U.S.C. § 20507(a)(3), (d). These restrictions apply regardless of whether clerks are conducting their own list maintenance or responding to challenges.  

The act also prohibits the “systematic” removal of voters within 90 days of a federal election. footnote19_a4njQ8-QpxnP718T8O0oO0NcMgLC1pNhAGAIAkR0KrY_lz3SiFyKYgye1952 U.S.C. § 20507(c)(2)(a).According to guidance from the U.S. Department of Justice, “This 90-day deadline applies to State list maintenance verification activities such as general mailings and door-to-door canvasses. This deadline also applies to list maintenance programs based on third-party challenges derived from any large, computerized data-matching process.”footnote20_OzvVTgyWJuGYjoVaN0VEh53cCEY8vhg3WTlIVDeFS8c_vQWmtS5EMx0I20U.S Department of Justice, Voter Registration List Maintenance: Guidance under Section 8 of the National Voter Registration Act, 52 U.S.C. § 20507, 4, September 2024, https://www.justice.gov/crt/media/1366561/dl.

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Voters in Florida have the right to vote free from intimidation under federal and state law. Baseless challenges to a voter’s eligibility can harass and intimidate the voter being challenged, as well as other voters waiting to vote at the polls. More information on the federal and state laws that protect Florida voters from intimidation can be found here.

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