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Florida Statute 104.031 - Full Text and Legal Analysis

Florida Statute 104.031 | Lawyer Caselaw & Research

Link to State of Florida Official Statute

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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

View Entire Chapter

104.031 False declaration to secure assistance in preparing ballot.—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.

History.—s. 49, ch. 4328, 1895; GS 3829; RGS 5892; CGL 8156; s. 8, ch. 26870, 1951; s. 22, ch. 71-136; s. 35, ch. 77-175; s. 4, ch. 91-224; s. 613, ch. 95-147.

Note.—Former s. 99.31.

F.S. 104.031 on Google Scholar

F.S. 104.031 on CourtListener

Amendments to 104.031

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.031 - FRAUD-FALSE STATEMENT - FALSE DECLARATION IN PREPARING A BALLOT - M: F

Cases Citing Statute 104.031

Total Results: 15 | Sort by: Relevance | Newest First

Jones v. Bd. of Control, 131 So. 2d 713 (Fla. 1961).

Cited 14 times | Published | Supreme Court of Florida

violence to the legislative policy suggested by Section 104.31(1)(c), Florida Statutes, F.S.A. Chapter 104

State v. Stuler, 122 So. 2d 1 (Fla. 1960).

Cited 8 times | Published | Supreme Court of Florida

charging appellee Stuler with a violation of Section 104.31, Florida Statutes, F.S.A. Our conclusion must

Fugate v. Florida Elections Com'n, 924 So. 2d 74 (Fla. 1st DCA 2006).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 2439, 2006 WL 407074

Appellant was charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids

Metro. Dade Cnty. v. Santos, 430 So. 2d 506 (Fla. 3d DCA 1983).

Cited 5 times | Published | Florida 3rd District Court of Appeal

as amended,[1] invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act

Schwarz v. Villages Charter Sch., Inc., 165 F. Supp. 3d 1153 (M.D. Fla. 2016).

Cited 1 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 24526, 2016 WL 787934

Secondary, Adult, and Extension Education.” 34 C.F.R. § 104.31; 7 C.F.R. § 15b.20. The DOE’s Subpart F contains

Wills v. Florida Elections Com'n, 955 So. 2d 61 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 4899, 2007 WL 980727

the results of an election" in violation of section 104.31(1)(a), Florida Statutes. Wills petitioned for

Adam Richardson v. Sec'y, Florida Agency for Health Care Admin. (Fla. 2024).

Published | Supreme Court of Florida

Health Care Administration (AHCA) have violated section 104.31, Florida Statutes (2024), in their advocacy

Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

violation of s. 104.31(1)(a), F. S.? SUMMARY: Section 104.31(1)(a), F. S., does not prohibit elective municipal

League of Women Voters of Fla. v. Scott, 366 F. Supp. 3d 1311 (N.D. Fla. 2018).

Published | District Court, N.D. Florida

vote or affecting the result thereof." Fla. Stat. § 104.31(1)(a).

Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

answered in the negative. AS TO QUESTION 2: Section 104.31, F.S., which regulates political activities

Resedean v. Civil Serv. Bd. of Pensacola, 332 So. 2d 150 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14417

(1974), which amended F.S. 104.31(1) (d)3 and created Section 3 of F.S. 104.31.4 Indeed, the significant

Ago (Fla. Att'y Gen. 1977).

Published | Florida Attorney General Reports

community college district board of trustees. Section 104.31(1), F. S., does not operate to bar such employee

Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

nothing to do with the answer to this question. Section 104.31, F.S., affects all elected public officers

State v. Brown, 298 So. 2d 487 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8920

voting, registration or elections. . . . ’ Section 104.031, relating to making false declarations and

Ago (Fla. Att'y Gen. 1980).

Published | Florida Attorney General Reports

, appear to compel a different conclusion. Section 104.31, Florida's Little Hatch Act, regulates the

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.