Voting in Florida is limited to legal residents of the state. But according to the Florida Division of Elections, “legal residency is not defined by law.”
Yes, you read that correctly. “State law (in Florida) does not specify a length of time for which you must have been a resident to be eligible to vote,” states the nonprofit website Ballotpedia.
Many people assume the same rules used to establish and prove residency in Florida for Homestead exemptions and other tax purposes also determine voter eligibility. Florida does require people to live here for more than six months (commonly referred to as the 183-day rule) in order to claim Florida as their primary residence to avoid state income tax elsewhere or obtain a homestead exemption on a primary residence.
But when it comes to voting in Florida, the residency requirements are much less stringent, and often are based largely on the honor system.
Broward Supervisor of Elections Brenda Snipes told the South Florida Sun Sentinel in 2016 that being registered to vote in two states is not a crime, but that Florida voting laws need clarification. “‘I think it should be one person, one vote, but I think our statute should be clearer on that,’ Snipes said. ‘The way it’s written now, I think the whole thing is a legal loophole.’”
Florida law prohibits voting more than once in the same election, and states, “whoever willfully votes more than one ballot at any election commits a felony of the third degree,” which is punishable by up to five years in prison and a $5,000 fine.
But differing state election laws muddy the waters and make it difficult to determine what’s legal and what’s not, and what constitutes “the same election.” For instance, can a person vote for the mayor of Key West and the mayor of Cape May, New Jersey in the same year if they own property in both places? Can they vote for both states’ senators and congressmen?
“One of the basic tenets of democracy is that each person has one vote. In practice, state laws vary regarding the definition of ‘voting more than once’ and particularly what happens if a voter casts a ballot in more than one state when they own property in both,” states the National Council of State Legislatures. “…Thus, the question of whether federal law prohibits such voting practices remains unresolved.”
One question that has been answered repeatedly and definitively is that it is illegal to cast more than one vote for the U.S. president, no matter how many properties someone owns in however many states.
Non-resident property owners voting in local elections has become a hot topic in many Florida cities and counties. Some full-time residents claim that out-of-town property owners, including vacation rental owners in the Keys and throughout Florida, have vastly different priorities than full-time residents, and are diluting residents’ democratic power to make local decisions. But the out-of-town property owners point out that they pay hefty property taxes in those Florida cities and counties, and as such, that taxation entitles them to local representation and voting power.
“We do have a lot of very fortunate people in Monroe County, and elsewhere in Florida, who have two, three or four homes,” Monroe County Supervisor of Elections Joyce Griffin told the Keys Weekly in September 2021. “Those people have to pick where they will vote and where their primary place of residence is. We also have people who are only here a week of the year, but they vote here. I know there is ugly in the world and I know there are liars. But other people simply don’t know the law.”
Griffin said she doesn’t think the issue is a widespread problem in Monroe County. She said she and her staff work hard to ensure the integrity of all elections, and she encourages anyone who suspects any type of voter fraud to contact her office with a name for her to research. They can remain anonymous, she said.
