Voting in Florida

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The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Florida:

• Voter registration details, including deadlines and eligibility requirements.
• In-person voting details, including identification requirements, poll times, and early voting provisions.
• Absentee/mail-in voting deadlines and rules.
• Details about Voting rules for people convicted of a felony.
• Contact information election agencies.
• Summaries of noteworthy policy-related events.

See Election administration in Florida for more additional information about election administration in the state, including voter list maintenance policies, provisional ballot rules, and post-election auditing practices.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Voter registration

Eligibility and registration details

Check your voter registration status here.

To vote in Florida, one must be at least 18 years of age, a citizen of the United States, and a legal resident of Florida and the county in which he or she intends to vote. Pre-registration is available beginning at 16 years of age.

Voters may retrieve registration applications at the following locations:

• Local elections offices
• Public assistance agencies
• Disability services agencies
• Independent living centers
• Military recruitment offices
• Public libraries

A registration form is also available online. The form can be printed and submitted via mail.

In-person voting

Poll times

See also: State poll opening and closing times

In Florida, all polls are open from 7:00 a.m. to 7:00 p.m. An individual who is in line at the time polls close must be allowed to vote. Florida is split between Eastern and Central time zones.

Voter identification

See also: Voter identification laws by state

Florida requires voters to present photo identification with a signature while voting.

The following list of accepted ID was current as of April 2023. Click here for the Florida Secretary of State's page on accepted ID to ensure you have the most current information.

• Florida driver’s license
• Florida identification card issued by the Department of Highway Safety and Motor Vehicles
• United States passport
• Debit or credit card
• Military identification
• Student identification
• Retirement center identification
• Neighborhood association identification
• Public assistance identification
• Veteran health identification card issued by the United States Department of Veterans Affairs
• License to carry a concealed weapon or firearm issued pursuant to s. 790.06
• Employee identification card issued by any branch, department, agency, or entity of the federal government, the state, a county, or a municipality

A voter who presents an ID without a signature must show a second form of identification that includes the voter’s signature.

Early voting

See also: Early voting

Florida permits early voting. Learn more by visiting this website.

Absentee/mail-in voting

See also: Absentee/mail-in voting

All voters are eligible to vote by mail in Florida. There are no special eligibility requirements for voting by mail.

To vote by mail, an application must be received by election officials at least ten days prior to the election. A returned ballot must then be received by election officials by 7:00 p.m. on Election Day.

Local election officials

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Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

In Florida, people convicted of most felony offenses have their voting rights automatically restored upon completion of their entire sentence, including prison, probation, and parole. Murder and felony sexual offenses are examples of felonies that permanently disqualify people from voting.

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.

Noteworthy events

2022: SB524

On April 25, 2022, Governor Ron DeSantis (R) signed SB524 into law. SB524 made a number of changes to Florida's election laws, including, but not limited to, the following:

• Established the Office of Election Crimes and Security, as a division of the Department of State, "to aid the Secretary of State in completion of his or her existing duties related to investigation of election law violations or election irregularities."
• Required election supervisors to conduct registration list maintenance programs at least once per year (state law previously required such maintenance once in each odd-numbered year).
• Barred the use of private donations for any election-related expenses, including the costs of litigation.
• Barred the use of ranked-choice voting in any election.
• Increased the annual cap on fines assessed against third-party voter registration organizations that fail to deliver completed applications in a timely manner from $1,000 to $50,000.
• Established a penalty against third-party voter registration organizations of $1,000 per application found to be altered by a person working on the organization's behalf.

On March 4, 2022, the Florida Senate approved the bill 24-14, with 23 Republicans and one Democrat voting in favor and 13 Democrats and one Republican in opposition. The Florida House of Representatives followed suit on March 9, approving the bill 76-41, with 76 Republicans voting in favor and 41 Democrats in opposition.

2022: League of Women Voters v. Lee

On March 31, 2022, Judge Mark E. Walker, of the U.S. District Court for the Northern District of Florida, struck down three state election laws: one regulating the availability and supervision of ballot drop boxes, one imposing delivery requirements on third-party voter registration groups, and one barring certain activities at or near polling places and drop boxes. Walker also ordered that Florida submit any future changes to these policies for federal preclearance for a period of 10 years.

However, on May 6, 2022, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit granted the state's motion for a stay of the district court's ruling, allowing the disputed legal provisions to take effect and reversing the lower court's preclearance order.

Below is a summary of key developments in this case, starting with background about the law itself, then moving on to the district court's ruling (and reactions to it), and concluding with a discussion of the appellate court's order.

Background

On May 6, 2021, Gov Ron DeSantis (R) signed SB90, making a series of changes to Florida's election laws, including (but not limited to) the following:

• Vote-by-mail:
  • Requiring that voters requesting mail-in ballots (in person, in writing, or by telephone) provide either their Florida identification card numbers or the last four digits of their Social Security numbers.
  • Reducing the duration of a mail-in ballot request form from two election cycles to one.
• Drop boxes: Requiring that a secure drop box at a location other than the office of the county supervisor be open only during early voting hours, under the in-person monitoring of an employee of the supervisor's office.
• Registration delivery: Requiring third-party voter registration organizations (3PVROs) to deliver applications to the Division of Elections or the Supervisor of Elections in the counties in which the applicants reside within 14 days of completing the applications (previously, 3PVROs could return completed applications to any Supervisor of Elections).
• Solicitation: Barring anyone from "engaging in any activity with the intent to influence or effect of influencing a voter," either inside a polling place or within 150 feet of a drop box or the entrance of a polling place (this prohibition can be construed to apply to "line warming" activities, such as giving out water, snacks, umbrellas, etc.).

The Florida House of Representatives and the Florida State Senate approved the final version of SB90 by votes of 77-40 and 23-17, respectively, on April 29, 2021. In the House, the vote split along party lines: all Republicans present voted in favor, and all Democrats present voted against. In the Senate, the vote also split largely along partisan lines, with one Republican (Sen. Jeff Brandes) joining the chamber's 16 Democrats in opposing the bill. SB90 took immediate effect.

Several groups, including the League of Women Voters of Florida and the Florida State Conference of Branches and Youth Units of the NAACP, filed four separate lawsuits, alleging that the aforementioned provisions were intentionally racially discriminatory, in violation of the First, Fourteenth, and Fifteenth Amendments and the Voting Rights Act. The suits were consolidated at trial.

The district court's ruling

Walker, a Barack Obama (D) appointee, noted that claims of racial discrimination must be judged against the test the U.S. Supreme Court established in Arlington Heights v. Metropolitan Housing Development Corp. The test incorporates the following factors:

• The historical context.
• "[T]he specific sequence of events leading up to" the challenged law's passage, including "procedural and substantive departure" and "contemporary statements and actions of key legislators."
• The impact of the challenged law, including the"foreseeability of the disparate impact, knowledge of that impact, and the availability of less discriminatory alternatives."

Walker concluded that Florida's historical racial, political, and electoral contexts, as well as the specific sequence of events leading up to SB90's passage, supported the plaintiff's claims.

Walker then addressed the impact of SB90, dealing with each of the challenged provisions in turn:

• Vote-by-mail: Walker found that the racial impact of both the request and identification provisions was "unclear."
• Drop boxes: Walker found that SB90's drop-box provision "increases the time, transportation, and information costs of voting by drop box." Walker concluded that these costs would "fall more heavily on Black voters."
• Registration delivery: Walker held that, because 3PVROs "overwhelmingly serve minority communities," the registration delivery provision "disproportionately harms Black and Latino voters."
• Solicitation: Walker concluded that SB90's solicitation provision "will have a disparate impact on minority voters because minority voters are disproportionately likely to wait in line to vote, and because the provision discourages third parties from helping those waiting to vote."

Walker turned next to the question of whether these impacts were foreseeable and within the actual knowledge of legislators. Walker concluded, "The evidence before this Court not only suggests that the Legislature had such knowledge, but also that it specifically sought it out." With respect to the availability of less discriminatory alternatives, Walker found that "less discriminatory alternatives to each challenged provision not only were available but were presented to and rejected by the Legislature."

Having considered impacts, Walker framed the question of intent as follows:

“

The main question … is whether the Legislature enacted SB90 purely to secure an electoral advantage for the Republican party without regard to whether it harmed minority voters, or whether SB90 was enacted, at least in part, to target minority voters in order to secure an electoral advantage for the Republican Party.

”

Walker concluded that the plaintiffs failed to show that the Legislature acted with discriminatory intent in adopting the vote-by-mail request and identification provisions. However, Walker found that the remaining challenged provisions "specifically target Black voters," in violation of Section 2 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments. Walker permanently enjoined (i.e., barred) enforcement of these provisions.

Finally, Walker turned to the question of relief under Section 3(c) of the Voting Rights Act. Under Section 3(c), a court, upon finding that a political subdivision (e.g., a state or a municipality) has committed intentional racial discrimination in voting, can mandate that the subdivision preclear changes to voting regulations with either the court or the U.S. Attorney General "for such a period as [the court] may deem appropriate."

Walker concluded that relief under Section 3(c) was warranted in this case. Accordingly, Walker barred Florida officials from enacting any law or regulation governing 3PVROs, drop boxes, and line-warming activities without first clearing such changes with the court or the U.S. Attorney General for a period of 10 years.

Reactions

Cecile Scoon, president of the League of Women Voters of Florida said, “Senate Bill 90 was clearly an anti-voter measure that raised barriers to voting for marginalized groups with specific impacts on elderly voters, voters with disabilities, students and communities of color. The League is gratified that once again the constitutional rights of all of Florida’s voters have superseded partisan politics and that the targeted attack on Black voters will be stopped.”

In an interview, DeSantis described Walker's ruling as "the judicial equivalent of pounding the table" and suggested that an appeal was in the works: "I think that that's going to be reversed on appeal. The only question is how quickly it gets reversed on appeal, but it's not going to be able to withstand appellate scrutiny."

In a statement, Florida House Speaker Chris Sprowls (R) called Walker's ruling "an egregious abuse of his power," adding: "The illogical leaps and unsupported inferences in Judge Walker's opinion amount to a 288-page accusation of discriminatory intent based on limited analysis of data he thinks the Legislature might have had, the uncritical and complete acceptance of the comments of Democratic lawmakers, and a total disregard for other viewpoints."

Legal commentators discussed Walker's ruling within the context of the U.S. Supreme Court's 2013 ruling in Shelby County v. Holder, in which the Court held that preclearance mechanism contained in Section 4(b) of the Voting Rights Act was unconstitutional. Joe Patrice, writing for Above the Law, said, "While [Shelby] didn’t necessarily bar the door on a court reinstating preclearance requirements, no one thought to test the scope of the Court’s animosity toward this provision until now." Rick Hasen, writing for Election Law Blog, said, "This is a huge deal, and the district court's analysis is probably right, but there is good reason to believe that this case could be reversed on appeal by the much more conservative 11th Circuit or the Supreme Court."

The circuit court's ruling

On May 6, 2022, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit granted the state's motion for a stay of the district court's ruling, allowing the disputed legal provisions to take effect and reversing the lower court's preclearance order. The panel comprised judges Kevin Newsom, Barbara Lagoa, and Andrew Brasher. In its unsigned order, the court cited the Purcell principle, which holds that "federal district courts ordinarily should not enjoin state election laws in the period close to an election."

“

According for Purcell, we hold that the state is entitled to a stay of the district court's order enjoining the operation of SB90's Drop-Box, Registration-Delivery, and Solicitation Provisions and subjecting Florida to preclearance. The district court's determination regarding the legislature's intentional discrimination suffers from at least two flaws, either of which justifies a stay. And, although we think it presents a closer question, we hold that the district court's determination that the Solicitation Provision is unconstitutionally vague and overbroad is sufficiently vulnerable.

”

The circuit court's May 6 order did not represent a decision on the merits. Instead, the order stayed the district court's order pending resolution of the appeal to the circuit court.

2021

On May 6, 2021, Governor Ron DeSantis (R) signed SB90, making the following modifications to Florida's election laws:

• Prohibited the use of private funds for election-related expenses.
• Required that a voter requesting a mail-in ballot (in person, in writing, or by telephone) provide either his or her Florida identification card number or the last four digits of his or her Social Security number.
• Required that drop boxes for mail-in ballots "be geographically located so as to provide all voters in the county with an equal opportunity to cast a ballot, insofar as is practicable."
• Provided that a secure drop box at a location other than the office of the county supervisor could only be open during early voting hours, under the in-person monitoring of an employee of the supervisor's office.
• Provided that a secure drop box at a supervisor's office "be continually monitored in person by an employee of the supervisor's office when the drop box is accessible for deposit of ballots."
• Established that "any person who distributes, orders, requests, collects, delivers, or otherwise physically possesses more than two vote-by-mail ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member, except as provided in ss. 101.6105-101.694, including supervised voting at assisted living facilities and nursing home facilities as authorized under s. 101.655, commits a misdemeanor of the first degree."

The House and Senate approved the final version of SB90 by votes of 77-40 and 23-17, respectively, on April 29, 2021. In the House, the vote split along party lines: all Republicans present voted in favor, and all Democrats present voted against. In the Senate, the vote also split largely along partisan lines, with one Republican (Sen. Jeff Brandes) joining the chamber's 16 Democrats in opposing the bill. The full text of the enacted bill, which took immediate effect, can be accessed here.

After DeSantis signed the bill into law, House Speaker Chris Sprowls (R) said, "The bill Governor DeSantis signed today will protect our election procedures and provide voters with confidence that our elections will remain accessible, efficient, and secure." Kara Gross, the legislative director and senior policy counsel for the American Civil Liberties Union of Florida , opposed the bill: "There was no problem in Florida. Everything worked as it should. The only reason they’re doing this is to make it harder to vote."

On May 6, 2021, the League of Women Voters of Florida, the Black Voters Matters Fund, and the Florida Alliance for Retired Americans filed a lawsuit in the U.S. District Court for the Northern District of Florida, alleging that SB90 violated the First and Fourteenth Amendments to the U.S. Constitution.

2018

Florida Amendment 4, Voting Rights Restoration for Felons Initiative

See also: Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018)

On November 6, 2018, Florida voters approved an initiated constitutional amendment automatically restoring the right to vote for people with certain felony convictions (except those convicted of murder or a felony sexual offense) upon completion of their sentences, including prison, parole, and probation. The amendment was approved by a margin of 64.55 percent to 34.45 percent. The amendment took effect on January 8, 2019. Previously, people convicted of a felony in Florida could not automatically regain the right to vote; instead, a state board was able to restore voting rights on an individual basis.

Extended early voting in counties affected by Hurricane Michael

On October 18, 2018, in response to Hurricane Michael, Gov. Rick Scott (R) issued an executive order granting eight counties the ability to extend their early voting periods and designate additional early voting locations. Under Scott's order, the affected counties— Bay, Calhoun, Franklin, Gadsden, Gulf, Jackson, Liberty and Washington—were also authorized to deliver mail ballots to addresses other than those for which voters were registered.

Early voting on college campuses

On July 24, 2018, a federal judge barred enforcement of a Florida rule, established by the secretary of state in 2014, prohibiting the use of college campus sites as early voting locations. Judge Mark E. Walker, appointed by President Barack Obama (D) in 2012 to the United States District Court for the Northern District of Florida, wrote the following in his order: "Simply put, Defendant's Opinion [i.e., Florida's rule barring early voting on college campuses] reveals a stark pattern of discrimination. It is unexplainable on grounds other than age because it bears so heavily on younger voters than all other voters. Defendant's stated interests for the Opinion (following state law, avoiding parking issues, and minimizing on-campus disruption) reek of pretext. While the Opinion does not identify college students by name, its target population is unambiguous and its effects are lopsided. The Opinion is intentionally and facially discriminatory." Walker barred the secretary of state from enforcing the 2014 rule, though he did not order election officials to designate early voting sites on college campuses, leaving such action to the discretion of local officials.

Patricia Brigham, president of the League of Women Voters of Florida, which was a plaintiff to the suit, praised Walker's decision: "This is truly a victory for the citizens of Florida, especially with so many young people motivated to vote. This is the right decision, at the right time, for our democratic process." In a statement, a spokesman for Governor Rick Scott (R) said, "Governor Scott is proud to have signed the largest expansion of early voting in the state's history. We will review this ruling." Scott's office did not indicate whether the state would appeal Walker's decision.

2013

Senator Miguel Diaz de la Portilla (R)

Senator Miguel Diaz de la Portilla (R), who sponsored a 2011 law that reduced the number of early voting days in Florida, authored a bill designed to increase early voting opportunities. The law granted counties an extra day for early voting before a general election and allowed them to keep polls open for 14 hours. In addition, the bill required all election supervisors to submit a report three months prior to a general election outlining preparations for that election.

In addition, Florida's election supervisors asked the legislature for the following changes with respect to early voting:

• Require that the legislature comply with the 75-word ballot summary requirement that is required for citizen-led ballot initiatives (lawmakers exempted themselves from that requirement years ago, and ordered the full text of several amendments to be on the November ballot, a leading contributor to long lines at polling places)
• Require eight days of early voting in primary and general elections "with the option for supervisors to provide additional days not to exceed 14 days" (in 2011, the legislature reduced the number of early voting days from 14 to eight)
• Give election supervisors the leeway to select more early voting sites (at the time, early voting sites were limited to election offices, city halls, and libraries)

These changes were added and the bill was passed by the Florida State Legislature and signed by Governor Rick Scott (R).

Election agencies

Seal of the U.S. Election Assistance Commission

See also: State election agencies

Individuals seeking additional information about voting provisions in Florida can contact the following state and federal agencies.

Florida Division of Elections

Room 316, R. A. Gray Building

500 South Bronough Street

Tallahassee, Florida 32399-0250

Telephone: 850-245-6200

Email: DivElections@dos.state.fl.us

http://election.dos.state.fl.us/

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200

Washington, DC 20001

Telephone: 301-563-3919

Toll free: 1-866-747-1471

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See also

• 2024 election dates and deadlines
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• Election administration in Florida
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Elections in Florida

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External links

• Official state election website
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