Chapter 104 — Chapter 104
43 sections in this chapter.
Fla. Stat. § 104.011 False swearing; submission of false voter registration information; prosecution prohibited
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(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as…
Fla. Stat. § 104.012 Consideration for registration; interference with registration; soliciting registrations for compensation; alteration of registration application
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(1) Any person who gives anything of value that is redeemable in cash to any person in consideration for his or her becoming a registered voter commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This section shall not be interpr…
Fla. Stat. § 104.013 Unauthorized use, possession, or destruction of voter information card
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(1) It is unlawful for any person knowingly to have in his or her possession any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued voter information card unless possession by such person has been duly authorized by the supervisor.(2) It is unlawful for any pers…
Fla. Stat. § 104.031 False declaration to secure assistance in preparing ballot
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Any person who makes a false declaration for assistance in voting, or in the preparation of his or her ballot, in any election is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 104.041 Fraud in connection with casting vote
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Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 104.045 Vote selling
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Any person who:(1) Corruptly offers to vote for or against, or to refrain from voting for or against, any candidate in any election in return for pecuniary or other benefit; or(2) Accepts a pecuniary or other benefit in exchange for a promise to vote for or against, or to refrain…
Fla. Stat. § 104.047 Vote-by-mail ballots and voting; violations
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(1) Except as provided in s. 101.62 or s. 101.655, any person who requests a vote-by-mail ballot on behalf of an elector is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) Any person who marks or designates a choice on t…
Fla. Stat. § 104.051 Violations; neglect of duty; corrupt practices
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(1) Any official who willfully violates any of the provisions of this election code shall be excluded from the polls. Any election official who is excluded shall be replaced as provided in this code.(2) Any official who willfully refuses or willfully neglects to perform his or he…
Fla. Stat. § 104.0515 Voting rights; deprivation of, or interference with, prohibited; penalty
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(1) All citizens of this state who are otherwise qualified by law to vote at any election by the people in this state or in any district, county, city, town, municipality, school district, or other subdivision of this state shall be entitled and allowed to vote at all such electi…
Fla. Stat. § 104.061 Corruptly influencing voting
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(1) Whoever by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector’s right to vote at any election commits a felony…
Fla. Stat. § 104.0615 Voter intimidation or suppression prohibited; criminal penalties
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(1) This section may be cited as the “Voter Protection Act.”(2) A person may not directly or indirectly use or threaten to use force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel an individual to:(a) Vote or refrain from voting;(b) Vote …
Fla. Stat. § 104.0616 Vote-by-mail ballots and voting; violations
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(1) For purposes of this section, the term “immediate family” means a person’s spouse or the parent, child, grandparent, grandchild, or sibling of the person or the person’s spouse.(2) Any person who distributes, orders, requests, collects, delivers, or otherwise physically posse…
Fla. Stat. § 104.071 Remuneration by candidate for services, support, etc.; penalty
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(1) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:(a) Promise to appoint another person, promise to secure or aid in securing appointme…
Fla. Stat. § 104.081 Threats of employers to control votes of employees
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It is unlawful for any person having one or more persons in his or her service as employees to discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a …
Fla. Stat. § 104.091 Aiding, abetting, advising, or conspiring in violation of the code
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(1) Any person who knowingly aids, abets, or advises the violation of this code shall be punished in like manner as the principal offender.(2) Any person who agrees, conspires, combines, or confederates with another person to commit a violation of this code shall be punished as i…
Fla. Stat. § 104.101 Failure to assist officers at polls
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Any person summoned by the sheriff or deputy sheriff who fails or refuses to assist him or her in maintaining the peace at the polls is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 104.11 Neglect of duty by sheriff or other officer
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Any sheriff, deputy sheriff, or other officer who willfully neglects or willfully refuses to perform his or her duties relating to elections is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 104.13 Intermingling ballots
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Whoever willfully places any ballot in the ballot box except as properly voted by electors, or willfully intermingles any other ballots which have not been duly received during the election with the ballots which are voted by the electors, is guilty of a felony of the third degre…
Fla. Stat. § 104.15 Unqualified electors willfully voting
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Whoever, knowing he or she is not a qualified elector, willfully votes at any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 104.155 Unqualified noncitizen electors willfully voting; prohibited defenses; aiding or soliciting noncitizen electors in voting prohibited
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(1) Any person who is not a qualified elector because he or she is not a citizen of the United States and who willfully votes in any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person’s ignorance of his or…
Fla. Stat. § 104.16 Voting fraudulent ballot
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(1) Any elector who knowingly votes or attempts to vote a fraudulent ballot, or any person who knowingly solicits, or attempts, to vote a fraudulent ballot, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) Subsection (…
Fla. Stat. § 104.17 Voting in person after casting vote-by-mail ballot
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Any person who willfully votes or attempts to vote both in person and by vote-by-mail ballot at any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 104.18 Casting more than one ballot at any election
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(1) Except as provided in s. 101.6952, whoever willfully votes more than one ballot at any election commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In any prosecution under this section, the prosecution may proceed in any jur…
Fla. Stat. § 104.185 Petitions; knowingly signing more than once; signing another person’s name or a fictitious name
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(1) A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) A person who signs another person’s name or a fictit…
Fla. Stat. § 104.186 Initiative petitions; violations
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A person who compensates a petition circulator as defined in s. 97.021 based on the number of petition forms gathered commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This section does not prohibit employment relationships tha…
Fla. Stat. § 104.187 Initiative petitions; registration
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A person who violates s. 100.371(3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 104.19 Using stickers or rubber stamps or carrying certain items in voting booth; penalty
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(1)(a) It is unlawful for any person casting a ballot at any election to use stickers or rubber stamps or to carry into a voting booth any mechanical device, paper, or memorandum which might be used to affect adversely the normal election process.(b) In casting a write-in ballot,…
Fla. Stat. § 104.20 Ballot not to be seen, and other offenses
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Any elector who, except as provided by law, allows his or her ballot to be seen by any person; takes or removes, or attempts to take or remove, any ballot from the polling place before the close of the polls; places any mark on his or her ballot by which it may be identified; end…
Fla. Stat. § 104.21 Changing electors’ ballots
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Whoever fraudulently changes or attempts to change the vote or ballot of any elector, by which actions such elector is prevented from voting such ballot or from voting such ballot as the elector intended, is guilty of a felony of the third degree, punishable as provided in s. 775…
Fla. Stat. § 104.22 Stealing and destroying records, etc., of election
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Any person who is guilty of stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, or unlawfully moving or securing and detaining the whole or any part of any ballot box or any record tally sheet or copy thereof, returns, or any other paper or document pro…
Fla. Stat. § 104.23 Disclosing how elector votes
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Any election official or person assisting any elector who willfully discloses how any elector voted, except upon trial in court, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 104.24 Penalty for assuming name
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A person may not, in connection with any part of the election process, fraudulently call himself or herself, or fraudulently pass by, any other name than the name by which the person is registered or fraudulently use the name of another in voting. Any person who violates this sec…
Fla. Stat. § 104.26 Penalty for destroying ballot or booth, etc
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Any person who wrongfully, during or before an election, removes, tears down, destroys, or defaces any ballot, booth, compartment, or other convenience provided for the purpose of enabling the elector to prepare his or her ballot, or any card for the instruction of the voter, is …
Fla. Stat. § 104.271 False or malicious charges against, or false statements about, opposing candidates; penalty
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(1) Any candidate who, in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious, is guilty of …
Fla. Stat. § 104.2715 False representations of military service; penalty
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(1) A candidate who, in a primary or other election, falsely represents, directly or indirectly, that he or she served or is currently serving in the military, whether active duty, reserve, or National Guard, commits a violation of the Florida Election Code.(2) Any person may fil…
Fla. Stat. § 104.29 Inspectors refusing to allow watchers while ballots are counted
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The inspectors or other election officials at the polling place shall, after the polls close, allow as many as three persons near to them to see whether the ballots are being reconciled correctly. Any official who denies this privilege or interferes therewith commits a misdemeano…
Fla. Stat. § 104.30 Voting system; unlawful possession; tampering
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(1) Any unauthorized person who unlawfully has possession of any voting system, components, or key thereof is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) Any person who tampers or attempts to tamper with or destroy any votin…
Fla. Stat. § 104.31 Political activities of state, county, and municipal officers and employees
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(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:(a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing…
Fla. Stat. § 104.32 Supervisor of elections; delivery of books to successor
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Any supervisor of elections who willfully fails or refuses promptly to comply with the demand of his or her successor for the delivery of registration books, papers, and blanks connected with his or her office is guilty of a misdemeanor of the first degree, punishable as provided…
Fla. Stat. § 104.39 Witnesses as to violations
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Any person who violates any provision of this code shall be a competent witness against any other person so violating and may be compelled to attend and testify as any other person. The testimony given shall not be used in any prosecution or criminal proceeding against the person…
Fla. Stat. § 104.41 Violations not otherwise provided for
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Any violation of this code not otherwise provided for is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 104.42 Fraudulent registration and illegal voting; investigation
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(1) The supervisor of elections is authorized to investigate fraudulent registrations and illegal voting and to report his or her findings to the local state attorney and the Office of Election Crimes and Security.(2) The board of county commissioners in any county may appropriat…
Fla. Stat. § 104.43 Grand juries; special investigation
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The grand jury in any circuit shall, upon the request of any candidate or qualified voter, make a special investigation when it convenes during a campaign preceding any election day to determine whether there is any violation of the provisions of this code, and shall return indic…