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Florida Statute 104.031 | Lawyer Caselaw & Research
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F.S. 104.031 Case Law from Google Scholar Google Search for Amendments to 104.031

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES
View Entire Chapter
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.

F.S. 104.031 on Google Scholar

F.S. 104.031 on Casetext

Amendments to 104.031


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



Annotations, Discussions, Cases:

Cases Citing Statute 104.031

Total Results: 20

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

Court: Fla. | Date Filed: 2024-10-10T00:00:00-07:00

Snippet: Care Administration (AHCA) have violated section 104.31, Florida Statutes (2024), in their advocacy against…as provided in s. 775.082 or s. 775.083. § 104.31, Fla. Stat. Respondents answer that this …constitutes: “a misdemeanor of the first degree.” § 104.31(3), Fla. Stat. It resides in chapter 104, which… hypothesis that the first paragraph of section 104.31 is -7- enforceable…specific statements at issue in light of section 104.31, it is not Petitioner’s to seek by writ of quo

Wills v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-04T00:53:00-07:00

Citation: 955 So. 2d 61

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

Fugate v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-22T23:53:00-08:00

Citation: 924 So. 2d 74

Snippet: technically violated section 104.31(1)(a), appellant did not intend to violate section 104.31(1)(a), and therefore…charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids a…to appellant's alleged violation of section 104.31(1)(a). Appellant also contends that the Commission…appellant did not "willfully" violate section 104.31(1)(a) is supported by CSE. The evidentiary facts

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Court: Fla. Att'y Gen. | Date Filed: 1984-02-08T23:53:00-08:00

Snippet: in interpreting the provisions of s 104.31, concluded that s 104.31(1)(a) should be construed so as to …provision been brought to my attention. In fact, s 104.31, F.S., the so-called Little Hatch Act, indicates…resulting thereof;" s104.31(1)(a) [see also, s 104.31(1)(b)], the statute goes on to state that the prohibition…however, did not, per se or standing alone, violate s 104.31(1)(a) since such conduct did not itself evince … within the scope of activities prohibited by s 104.31(1)(a). Compare, 5 U.S.C. § 1502(a) the

STATE, COM'N ON ETHICS v. Sullivan

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-18T23:53:00-08:00

Citation: 430 So. 2d 928

Snippet: section shall not be construed to conflict with s. 104.31. The prohibition against misuse of public office

Metropolitan Dade County v. Santos

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-11T23:53:00-08:00

Citation: 430 So. 2d 506

Snippet: court was concerned only with sec. 104.31(3). Apparently, sec. 104.31(1) was considered so obviously not… invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act…this definition does not apply here. While Sec. 104.31(1) indeed provides that nothing in that statute… not at all impinge upon the provisions of Sec. 104.31(1). Since the two patently may "co-exist"…notice). The propriety of the conclusion that Sec. 104.31(1) does not abrogate the Charter provision before

Tenney v. STATE COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-24T23:53:00-08:00

Citation: 395 So. 2d 1244

Snippet: section shall not be construed to conflict with s. 104.31. After its staff had conducted an investigation

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Court: Fla. Att'y Gen. | Date Filed: 1980-04-16T23:53:00-08:00

Snippet: provisions of s. 104.31, F. S., appear to compel a different conclusion. Section 104.31, Florida's …prohibits certain types of political activity, see s. 104.31(1)(a), (b), and (c), its provisions do not prevent…campaigning for any elective office in the state. Section 104.31 provides in pertinent part: All such persons…employees would not appear to be prohibited by s.104.31, F. S., from serving as members of county or state…party executive committees, subsection (3) of s. 104.31 provides that `[n]othing contained in this section

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Court: Fla. Att'y Gen. | Date Filed: 1979-09-11T00:53:00-07:00

Snippet: consulted for any relevant local requirements. Cf. ss. 104.31(1) and (3) and 110.092(4), F. S., and Rule 6C-5.15

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Court: Fla. Att'y Gen. | Date Filed: 1978-11-27T23:53:00-08:00

Snippet: result thereof in violation of s. 104.31(1)(a), F. S.? SUMMARY: Section 104.31(1)(a), F. S., does not prohibit…the provisions of s. 104.31(1)(a), F. S., by the provisions of what is now s.104.31(1)(c), F. S. Accordingly…activities prohibited by s. 104.31(1)(a). Moreover, I am of the view that s. 104.31(1)(a), F. S., as construed…affecting the result of the election. Moreover, s. 104.31(1)(c), F. S., exempts such conduct as `political…exempted elective officials from the operation of s. 104.31(1)(a), F. S. Your letter advises that your inquiry

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Court: Fla. Att'y Gen. | Date Filed: 1977-03-27T23:53:00-08:00

Snippet: that s. 104.31, supra, is applicable to employees of a community college district, s.104.31(1)(c) provides…community college district board of trustees. Section 104.31(1), F. S., does not operate to bar such employee…raised by your letter, it should be noted that s. 104.31, F. S., the `Little Hatch Act,' which regulates

Resedean v. Civil Service Board of Pensacola

Court: Fla. Dist. Ct. App. | Date Filed: 1976-05-14T00:00:00-07:00

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

Snippet: 1974), which amended F.S. 104.31(1) (d)3 and created Section 3 of F.S. 104.31.4 Indeed, the significant…1, Special Acts. . F.S. 104.31(1) (d) provides, in pertinent part: “104.31 Political activities of state…appellant’s position, but for the fact that F.S. 104.31(3) (1975) states that “nothing contained in this…repealed to the extent of its inconsistency with § 104.31(3), F.S.1975. The question before us is not precisely…militate against stretching the 1974 amendment of § 104.31 to abolish municipal prohibitions of employee candidacies

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Court: Fla. Att'y Gen. | Date Filed: 1975-07-08T00:53:00-07:00

Snippet: Does Ch. 74-13, Laws of Florida, which amends s.104.31, F.S., have the effect of preempting or prohibiting…judicial or legislative action, the amendment of s. 104.31, F.S., effected by Ch. 74-13, Laws of Florida, …resolved on a case-by-case basis. As you are aware, s. 104.31, F.S. — Florida's "Little Hatch…Laws of Florida, creates a new subsection (3) of s.104.31, F.S., which provides: Nothing contained in this…legislative or judicial action, the amendment of s. 104.31, F.S., effected by Ch. 74-13, supra, should be

State v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-09T00:00:00-07:00

Citation: 298 So. 2d 487, 1974 Fla. App. LEXIS 8920

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

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Court: Fla. Att'y Gen. | Date Filed: 1974-05-23T00:53:00-07:00

Snippet: answered in the negative. AS TO QUESTION 2: Section 104.31, F.S., which regulates political activities of …which took effect upon becoming a law, amended s. 104.31, F.S., by adding a new subsection (3), which reads

City of Miami v. Sterbenz

Court: Fla. | Date Filed: 1967-10-11T00:53:00-07:00

Citation: 203 So. 2d 4

Snippet: Mitchell, D.C., 56 F. Supp. 621. See also F.S. Sec. 104.31, F.S.A.; State v. Stuler, Fla. 1960, 122 So.2d

Lerer v. Arvida Realty Company

Court: Fla. Dist. Ct. App. | Date Filed: 1961-11-02T23:53:00-08:00

Citation: 134 So. 2d 798

Snippet: Tournier v. C.B. Snyder Realty Co., 130 N.J.L. 104, 31 A.2d 492, 493. In Florida the theory that a broker

Jones v. Board of Control

Court: Fla. | Date Filed: 1961-06-23T00:53:00-07:00

Citation: 131 So. 2d 713

Snippet: to the legislative policy suggested by Section 104.31(1)(c), Florida Statutes, F.S.A. Chapter 104, Florida…violations and prescribes penalties therefor. Section 104.31, supra, condemns certain types of political activities…ourselves, have sustained the validity of Section 104.31, Florida Statutes, F.S.A., which places restrictions

State v. Stuler

Court: Fla. | Date Filed: 1960-07-13T00:53:00-07:00

Citation: 122 So. 2d 1

Snippet: charging appellee Stuler with a violation of Section 104.31, Florida Statutes, F.S.A. Our conclusion must turn…above-cited statute. *2 The pertinent part of Section 104.31, Florida Statutes, F.S.A., provides: "Political… in 1958, contrary to the provisions of Section 104.31, Florida Statutes, 1957." Stuler pleaded not…coercion or compulsion was not required. Section 104.31, Florida Statutes, F.S.A., supra, like most of

Knott v. Morris, as Successor Trustee

Court: Fla. | Date Filed: 1931-03-28T00:00:00-08:00

Citation: 134 So. 615, 101 Fla. 1299

Snippet: . 1146; Noble State Bank vs. Haskell, 219 U.S. 104, 31 Sup. Ct. Rep. 186, 55 L.Ed. 112; Title Guaranty