Resource
Florida: Protections Against Intimidation of Voters and Election Workers
This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.
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Written and published in partnership with All Voting is Local.
Voters in Florida have the right to vote free from intimidation under federal and state law.1
The federal protections that apply to all states are explained here. The following actions are specifically prohibited by Florida law:
- Intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person to vote or not vote, or to vote for or not vote for a particular candidate.2
- Using bribery, menace, threat, or other corruption to influence, deceive, or deter any person from voting or to interfere with the free exercise of a person’s right to vote at any election.3
- Using force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel any person to vote or refrain from voting, to vote or refrain from voting for a particular candidate or ballot measure, or to refrain from registering to vote.4
- Soliciting voters inside a polling place or within 150 feet of a secure ballot intake station or the entrance of a polling place.5
The information below addresses the laws that serve as guardrails against specific threats of intimidation.
Voter Challenges
Although Florida law permits any registered voter or poll watcher to challenge the eligibility of another voter in that county,6 state law also provides some guardrails:
- Challenges must be made under oath to the clerk, inspector, or, if within 30 days of an election, the supervisor of elections.7
- Each challenge must be separately completed.8
- A copy of the oath is delivered immediately to the challenged voter by the clerk or inspector, and the voter is entitled to cast a provisional ballot.9
- If the challenge is based on the voter’s residence, the challenged voter must first be given an opportunity to execute a change of legal residence form so that they can vote a regular ballot.10
- Voters may provide further evidence of their eligibility to the supervisor of elections until 5 p.m. on the second day after Election Day.11
- Submitting frivolous challenges is a misdemeanor, and each instance of a frivolous challenge constitutes a separate offense.12
- Knowingly using false information to challenge a voter is a felony.13
The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:
- The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.14
- The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.15
More information about the limitations and process for voter challenges in Florida can be found here.
Intimidation of Poll Workers and Election Officials
In addition to federal protections against the intimidation of election workers, it is a felony in Florida to use or threaten to use force, violence, intimidation, or coercion to induce an individual to refrain from acting as an election official.16 It is also a felony to knowingly use false information to induce or attempt to induce an individual to refrain from acting as an election official.17
Voter Intimidation by Poll Workers
Information about the rules and constraints on poll workers in Florida can be found here.
Intimidation by Poll Watchers
In addition to Florida’s voter intimidation laws detailed above, the state places limits on who may serve as poll watchers and what they may and may not do:
- Watchers must be registered to vote in the county in which they serve, and only one watcher per political party and one watcher per candidate may be in each polling room or early voting area at any given time.18
- Law enforcement and candidates may not serve as poll watchers.19
- Watchers must wear their identifying badge issued by the supervisor of elections.20
- Watchers may not take photographs or recordings of any kind inside the polling room or early voting site, nor may they interact with any voters.21
- Watchers are prohibited from wearing campaign buttons, shirts, hats, or other campaign items.22
- Watchers may not obstruct the orderly conduct of an election or come closer to the inspectors’ table or the voting booths than is reasonably necessary to properly perform their function as watchers.23
Election officials and poll workers may remove from a polling place any poll watcher who abuses their role.24
Guns, Law Enforcement, and Federal Agents at Polling Places
Florida prohibits anyone from carrying a handgun at polling places, even by an individual with a concealed carry license.25
Even at locations where firearms are not expressly prohibited, carrying a firearm may constitute unlawful intimidation.26 Such conduct may consist of
- Carrying a visible firearm at a drop box or vote-counting site
- Displaying a concealed firearm during a discussion or argument with a voter or election worker, or
- Approaching a voter or election worker while displaying a firearm.
Sheriffs are required to deputize a deputy sheriff at each polling location.27 Deputy sheriffs are subject to all lawful commands of the clerk or inspectors at each polling place and each early voting site. Law enforcement officers are otherwise not permitted in polling places except to cast a ballot, unless they have permission from the election clerk or the majority of the election inspectors.28 If any officer refuses to comply, the clerk or inspectors may make an affidavit against the officer for their arrest.29
Federal law further limits the presence of the military and other armed federal agents at polling places:
- It is a felony for any federal official to send troops or armed persons to a polling place, unless such force is necessary to repel armed enemies of the United States.30
- It is a felony for a member of the military to intimidate voters or interfere with elections.31
Door-to-Door Intimidation
Florida and federal law prohibit canvassing efforts that are used to intimidate voters.32 Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials. Additionally, it is a felony in Florida to impersonate or deliberately act as a public officer.33
Endnotes
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1
See, e.g., 18 U.S.C. §§ 241, 594; 52 U.S.C. § 10101(b); Fla. Stat. §§ 104.0515(3), 104.061(1), 104.0615(2), 102.031(4)(a).
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2
Fla. Stat. § 104.0515(3).
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3
Fla. Stat. § 104.061(1).
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4
Fla. Stat. § 104.0615(2)(a)-(c).
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5
Fla. Stat. § 102.031(4)(a).
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6
Fla. Stat. § 101.111(1)(a).
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7
Fla. Stat. § 101.111(1)(a), (c).
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8
Florida Division of Elections, Voter Challenges DE Reference Guide 0009, March 2020, 1, https://perma.cc/CCB7-Y5KM.
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9
Fla. Stat. §101.111(1)(b).
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10
Fla. Stat. §101.111(1)(b).
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11
Fla. Stat. § 101.048(1); Florida Division of Elections, Voter Challenges DE Reference Guide 0009, 1.
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12
Fla. Stat. § 101.111(2).
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13
Fla. Stat. § 104.0615(3)(a), (5).
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14
52 U.S.C. § 20507(c)(1)(B).
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15
52 U.S.C. § 20507(c)(2)(A).
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16
Fla. Stat. § 104.0615(2)(d), (5).
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17
Fla. Stat. § 104.0615(3)(c), (5).
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18
Fla. Stat. § 101.131(1).
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19
Fla. Stat. § 101.131(3).
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20
Fla. Stat. § 101.131(5).
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21
Fla. Stat. §§ 101.131(1), 102.031(5); Florida Department of State, Division of Elections, Polling Place Procedures Manual, July 2024, 16, https://perma.cc/62D4–3UUL.
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22
Florida Department of State, Division of Elections, Polling Place Procedures Manual, 15.
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23
Fla. Stat. § 101.131(1); Florida Department of State, Division of Elections, Polling Place Procedures Manual, 15.
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24
Fla. Stat. § 102.031(1), (4)(c).
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25
Fla. Stat. § 790.06(12)(a)(6).
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26
See New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2133 (2022) (prohibitions on firearms in “sensitive places,” specifically “polling places,” are “presumptively lawful.”)
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27
Fla. Stat. § 102.031(2).
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28
Fla. Stat. §§ 102.031(3)(a)6, 102.101.
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29
Fla. Stat. § 102.101.
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30
18 U.S.C. § 592.
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31
18 U.S.C. § 593. See also 52 U.S.C. 10102.
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32
18 U.S.C. §§ 241, 594; Fla. Stat. §§ 104.0515(3), 104.061(1), 104.0615(2).
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33
Fla. Stat. § 843.0855(2).
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