Florida Statute 104.031 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.031

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.

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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

Jones v. Board of Control

131 So. 2d 713

Supreme Court of Florida | Filed: Jun 23, 1961 | Docket: 1503598

Cited 14 times | Published

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

Supreme Court of Florida | Filed: Jul 13, 1960 | Docket: 1506729

Cited 8 times | Published

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, 2006 Fla. App. LEXIS 2439, 2006 WL 407074

District Court of Appeal of Florida | Filed: Feb 23, 2006 | Docket: 1735940

Cited 5 times | Published

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

Metropolitan Dade County v. Santos

430 So. 2d 506

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 445826

Cited 5 times | Published

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

Schwarz v. Villages Charter School, Inc.

165 F. Supp. 3d 1153, 2016 U.S. Dist. LEXIS 24526, 2016 WL 787934

District Court, M.D. Florida | Filed: Feb 29, 2016 | Docket: 64307177

Cited 1 times | Published

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, 2007 Fla. App. LEXIS 4899, 2007 WL 980727

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 1659198

Cited 1 times | Published

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

Adam Richardson v. Secretary, Florida Agency for Health Care Administration

Supreme Court of Florida | Filed: Oct 10, 2024 | Docket: 69242817

Published

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

League of Women Voters of Fla. v. Scott

366 F. Supp. 3d 1311

District Court, N.D. Florida | Filed: Nov 15, 2018 | Docket: 64323297

Published

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

Ago

Florida Attorney General Reports | Filed: Apr 17, 1980 | Docket: 3257273

Published

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

Ago

Florida Attorney General Reports | Filed: Nov 28, 1978 | Docket: 3258239

Published

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

Ago

Florida Attorney General Reports | Filed: Mar 28, 1977 | Docket: 3255349

Published

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

Resedean v. Civil Service Board of Pensacola

332 So. 2d 150, 1976 Fla. App. LEXIS 14417

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 64553692

Published

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

Ago

Florida Attorney General Reports | Filed: Jul 8, 1975 | Docket: 3255537

Published

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, 1974 Fla. App. LEXIS 8920

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 64540553

Published

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

Ago

Florida Attorney General Reports | Filed: May 23, 1974 | Docket: 3258725

Published

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