January 19, 2020
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The Florida Statutes

The 2001 Florida Statutes

Title IX
Electors And Elections
Chapter 101
Voting Methods And Procedure
View Entire Chapter
Section 101.49, Florida Statutes 2001

1101.49  Procedure of election officers where signatures differ.--

(1)  Whenever any clerk or inspector, upon a just comparison of the signature, shall doubt that the handwriting affixed to a signature identification slip of any elector who presents himself or herself at the polls to vote is the same as the signature of the elector affixed in the registration book, the clerk or inspector shall deliver to the person an affidavit which shall be in substantially the following form:

STATE OF FLORIDA,
COUNTY OF _____.

I do solemnly swear (or affirm) that my name is _____; that I am _____ years old; that I was born in the State of _____; that I am registered to vote, and at the time I registered I resided on _____ Street, in the municipality of _____, County of _____, State of Florida; that I am a qualified voter of the county and state aforesaid and have not voted in this election.

 (Signature of voter) 

Sworn to and subscribed before me this _____ day of _____, A. D.  (year) .

 (Clerk or inspector of election) 


Precinct No. _____.


County of _____.


(2)  The person shall fill out, in his or her own handwriting or with assistance from a member of the election board, the form and make an affidavit to the facts stated in the filled-in form; such affidavit shall then be sworn to and subscribed before one of the inspectors or clerks of the election who is authorized to administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to the voting machine to cast his or her vote, but if the person fails or refuses to make out or file such affidavit, then he or she shall not be permitted to vote.

History.--s. 2, ch. 18407, 1937; CGL 1940 Supp. 337(28-d); s. 2, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 77-175; s. 573, ch. 95-147; s. 11, ch. 99-6; s. 14, ch. 2001-40.

1Note.--Section 14, ch. 2001-40, amended s. 101.49, effective September 2, 2002, to read:

101.49  Procedure of election officers where signatures differ.--

(1)  Whenever any clerk or inspector, upon a just comparison of the signatures, doubts that the signature of any elector who presents himself or herself at the polls to vote is the same as the signature of the elector affixed in the registration book, the clerk or inspector shall deliver to the person an affidavit which shall be in substantially the following form:

STATE OF FLORIDA,
COUNTY OF _____.

I do solemnly swear (or affirm) that my name is _____; that I am _____ years old; that I was born in the State of _____; that I am registered to vote, and at the time I registered I resided on _____ Street, in the municipality of _____, County of _____, State of Florida; that I am a qualified voter of the county and state aforesaid and have not voted in this election.

 (Signature of voter) 

Sworn to and subscribed before me this _____ day of _____, A. D.  (year) .

 (Clerk or inspector of election) 


Precinct No. _____.


County of _____.


(2)  The person shall fill out, in his or her own handwriting or with assistance from a member of the election board, the form and make an affidavit to the facts stated in the filled-in form; such affidavit shall then be sworn to and subscribed before one of the inspectors or clerks of the election who is authorized to administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to cast his or her vote, but if the person fails or refuses to make out or file such affidavit, then he or she shall not be permitted to vote.

Note.--Former s. 100.35.

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