Florida Statutes

Fla. Stat. § 104.011 (2025)

False swearing; submission of false voter registration information; prosecution prohibited.

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104.011 False swearing; submission of false voter registration information; prosecution prohibited.—

(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 provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person may not be charged or convicted for a violation of this section for affirming that he or she has not been convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have occurred on or after January 8, 2019, but before July 1, 2019.

History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870, 1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13; s. 26, ch. 2019-162.

Arrestable Offenses under F.S. 104.011

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§104.011PERJURYRENUMBERED. SEE REC # 8755F · 3rd

§104.011FRAUDRENUMBERED. SEE REC # 8756F · 3rd

§104.011(1)PERJURYFALSE SWEAR OATH AFFIRM OR PROCURE ANOTHER FORF · 3rd

§104.011(2)FRAUDSUBMIT FALSE VOTER REGISTRATION OR INFORMATIONF · 3rd

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 1974–2025 · leading case: Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020).

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Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). · cites it 4× “And it is a crime for a person to “willfully submit[] any false voter registration information,” Fla. Stat. § 104.011 (2), or to “willfully vote[] at any election” “knowing he or she is not a qualified elector,” id.”

League of Women Voters v. Browning, 863 F. Supp. 2d 1155 (N.D. Fla. 2012). · cites it 2× “See Fla. Stat. § 104.011 (2011) (making it a crime to “willfully” submit false voter-registration information or “willfully” to procure another person to do so — but not to unknowingly submit false information provided by an applicant).”

Russ v. State, 832 So. 2d 901 (Fla. 3d DCA 2002). · cites it 2× “061, Florida Statutes (1999); 3) by false swearing between February 1 and March 11, 1999, by procuring Onterrio Ward to swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections (Count III), in violation of section 104.011,…”

Hart v. State of Florida (Fla. 2d DCA 2025). · cites it 9× “at 166 (citing §§ 104.011, .15, Fla. Stat. (2020))—not becoming a registered voter and not having one's vote counted.”

Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020). · cites it 4× “And it is a crime for a person to “willfully submit[] any false voter registration information,” Fla. Stat. § 104.011 (2), or to “willfully vote[] at any election” “knowing he or she is not a qualified elector,” id.”

State v. Brown, 298 So. 2d 487 (Fla. 4th DCA 1974). “Section 104.011, relating to false swearing or procurement thereof, uses general language connecting such practices with ‘ .”

State of Florida v. Terry Hubbard (Fla. 4th DCA 2024). · cites it 3× “The Office of the Statewide Prosecutor charged Terry Hubbard with false affirmation in connection with an election under section 104.011(1), Florida Statutes (2020), and voting by an unqualified elector under section 104.”

The State of Florida v. Ronald Lee Miller (Fla. 3d DCA 2024). · cites it 2× “” § 104.011(1), Fla. Stat. (2020) (emphasis added).”

State v. Parsons, 302 So. 2d 766 (Fla. 4th DCA 1974). · cites it 2× “CAIL LEE, Associate Judge: The Defendant, Appellee herein, was charged under Section 104.011, Florida Statutes, with false swearing by taking the oath that he was “qualified to vote under the Constitution and Laws of the State of Florida”, knowing he had been convicted of a…”

Jones v. Desantis (N.D. Fla. 2019). “A conviction for a false affirmation in connection with voting requires a showing of willfulness, see Florida Statutes § 104.011, and a conviction for illegally voting requires a showing of fraud, see id.”

State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025). “As in Miller, the OSP charged Hubbard “with providing false affirmation in connection with an application for voter registration in violation of section 104.011(1), and voting by an unqualified elector in violation of section 104.”

— 104.011(1) — 5 cases

Hart v. State of Florida (Fla. 2d DCA 2025). “at 166 (citing §§ 104.011, .15, Fla. Stat. (2020))—not becoming a registered voter and not having one's vote counted.”

State of Florida v. Terry Hubbard (Fla. 4th DCA 2024). “The Office of the Statewide Prosecutor charged Terry Hubbard with false affirmation in connection with an election under section 104.011(1), Florida Statutes (2020), and voting by an unqualified elector under section 104.”

The State of Florida v. Ronald Lee Miller (Fla. 3d DCA 2024). “” § 104.011(1), Fla. Stat. (2020) (emphasis added).”

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