Protecting Residents and Staff from Outside Groups

It is important for residential directors to take steps to protect residents from outside groups that want to assist residents with either ballot applications/requests and/or submissions. It is equally important to protect your staff members from outside groups that offer financial compensation for ballot trafficking.

Staff should be educated about possible pressures from outside groups and the penalties for violating the law.

It is a third-degree felony to request a vote-by-mail ballot on behalf of another person unless you are a legal guardian or immediate family member who has been directly instructed to do so by the voter. Fla. Stat. § 104.047(1). It is also a third-degree felony to “mark[] or designate[] a choice on the ballot of another person” unless rendering assistance to a voter with a qualifying disability or as part of a supervised voting team. Fla. Stat. § 104.047(2).

To protect residents, outside groups or third-party organizations should not be allowed in the care facilities to assist residents with ballot applications/requests, for marking the ballot and/or for delivery of the ballot to the election authorities.

CVV recommends utilizing your county election officials for obtaining voter education materials, forms for ballot applications/requests and for marking the ballot of those qualifying disabled residents who have requested assistance.

Sometimes, outside or third-party organizations will mail voter registration and ballot application forms to residents. It is important to know the difference between official election mail and partisan mail. All official election mail, including balloting materials, voter registration cards, absentee applications, polling place notifications, and voter reply mail, will have an official mail election logo on the envelope, which looks like this:

It is imperative the residential directors take the necessary steps to protect both their residents and staff.

The Florida voting assistance legal guide can be requested (no cost) by emailing Laura.Williams@centerforvulnerablevoters.org. Additional training materials are available at  www.centerforvulnerablevoters.org and the Center also provides in-person training upon request.

Disclaimer: This information is being provided for educational purposes and should not be construed as legal advice. You should always consult an attorney before taking action to ensure that recent changes in law have not altered your obligations.