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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.

Last Updated: October 25, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in Florida have the right to vote free from intimidation under federal and state law. footnote1_PPZDNhucZlIG5Tdm2J2DZNetKijjeWKMvF3v-3fsA_eeCgh75oh4Tr1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Fla. Stat. §§ 104.0515(3), 104.061(1), 104.0615(2), 102.031(4)(a). Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_BcvQOOIKUXGeKEH7W3g5AHuRr5JgRTq49Ewq0BIsDU_nGJj2wukherh1 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Florida law:

The 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,footnote6_X-fsfFPivoJJ43w35K-UsW8y-R2MuokNOvIMggkV0I_kG6jqPVqcUhT6 Fla. Stat. § 101.111(1)(a). state law also provides some guardrails:

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Florida 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.footnote15_Y4qqf1GDnACWSdLfIY2KfnaocLo4lndMe7LynNL6-k_rfZi1P1uVIKl15 Fla. Stat. § 104.0615(2)(d). 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.footnote16_hJ1DL2rTwJWJlWgoU3djeDHCiSyrkFBCIyI4xkxqjcA_gaMgTI0mHnHl16 Fla. Stat. § 104.0615(3)(c).

Voter Intimidation by Poll Workers

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Florida poll workers 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:

Election officials and poll workers may remove from a polling place any poll watcher who abuses their role.footnote23_iGb-yrnUCcudWXSSSmi4xtIjLcYeXpggTowsk8MF8cY_xHmKiTHwwf0W23 Fla. Stat. § 102.031(1), (4)(c).

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Florida poll watchers here.

State and Local Law Enforcement

Sheriffs are required to deputize a deputy sheriff at each polling location.footnote24_TQLxy9csCZURwAi6njF3Ltjg1PBAdmvc222sntiIaA_qxAQtaS1VWmN24 Fla. Stat. § 102.031(2). Deputies may be in plain clothes and are not armed. In practice, they may be recruited by the election official in the jurisdiction and are often former poll workers. Deputy sheriffs are subject to all lawful commands of the clerk or inspectors at each polling place and each early voting site.footnote25_TQLxy9csCZURwAi6njF3Ltjg1PBAdmvc222sntiIaA_om2dpoz0aYBp25 Fla. Stat. § 102.031(2). 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.footnote26_KhUGz304DZe7FirseVBcKSDHbNGkr9qbbTb9FBBAsE_ngN5wxXX9yEq26 Fla. Stat. §§ 102.031(3)(a)6, 102.101. If any officer refuses to comply, the clerk or inspectors may make an affidavit against the officer for their arrest.footnote27_U3hMhnIsA8rXXx6U86CWmCAQ32–6rjYjsJ6l7CvsbxA_a3WG5iSxelHZ27 Fla. Stat. § 102.101.

Guns at Polling Places

Guns and other weapons, apart from those belonging to law enforcement officers who have been authorized by a law enforcement agency to vote while on duty and who are required to carry a weapon while on duty, are prohibited at polling places.footnote28_6jK6jhLio22XMYMMBbb3ARGHGCm8yHB3mEQ1sRkjVI_zbfdUe6kMEmS28 Fla. Stat. § 790.06(12)(a)(6); Op. Att’y Gen. Fla. 1993–37 (1993). Therefore, the presence of any such firearm in or around a polling place should be treated as intimidation.

Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm while near a polling location or 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.

Door-to-Door Intimidation

Florida and federal law prohibit canvassing efforts that are used to intimidate voters.footnote29_HxyfSZwOtlqFl8B9wAyuWDHYOjYUVOKcasCY3ZUz9c_rDkdiZX5RUti29 18 U.S.C. §§ 594, 241; Fla. Stat. §§ 104.0515(3), 104.061(1), 104.0615(2). 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.footnote30_ZtdQ2hPmoTV4zaCuZv55gBl2Nz0sCb3xPm9JvcMpfpI_gvkECQMwLLiP30 Fla. Stat. § 843.0855(2).

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