Florida Statute 104.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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104.041 Fraud in connection with casting vote.—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.

History.—s. 4, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s. 23, ch. 71-136; s. 35, ch. 77-175.

Note.—Former s. 101.14.

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Amendments to 104.041

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.041

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

S104.041 - FRAUD - PERPETRATE FRAUD IN CONNECTION WITH VOTE CAST - F: T

Cases Citing Statute 104.041

Total Results: 9 | Sort by: Relevance | Newest First

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Firestone v. News-Press Pub. Co., Inc., 538 So. 2d 457 (Fla. 1989).

Cited 30 times | Published | Supreme Court of Florida | 1989 WL 9192

which are within 50 feet of the polling place. Section 104.41, Florida Statutes (1985), made violations of

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Russ v. State, 832 So. 2d 901 (Fla. 1st DCA 2002).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833714

...ud in connection with casting a vote on March 11, 1999, by perpetrating, attempting to perpetrate, or aiding in the perpetration of fraud in connection with a vote cast, to be cast, or attempted to be cast by elector Ward (Count IV), in violation of section 104.041, Florida Statutes (1999)....

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State v. Grassi, 532 So. 2d 1055 (Fla. 1988).

Cited 9 times | Published | Supreme Court of Florida | 1988 WL 103840

violation of which is a first-degree misdemeanor, section 104.41, Florida Statutes (1983). The trial court granted

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Trushin v. State, 384 So. 2d 668 (Fla. 3d DCA 1980).

Cited 4 times | Published | Florida 3rd District Court of Appeal

...929 (1917) (immaterial whether bribee actually voted in election). We find support for our conclusion that the legality of the vote sought to be purchased is not an element of § 104.061 in State v. Brown, 298 So.2d 487 (Fla. 4th DCA 1974). In considering another provision of Chapter 104, Section 104.041, Florida Statutes (1971), which forbids fraudulent conduct "in connection with any vote," the court held at 298 So.2d 490-91: Appellee contends that since the absentee ballot viewed by the grand jury was invalid there can be no violation of law, as a void ballot does not constitute a vote within the meaning of § 104.041, F.S. We reject that suggestion, because § 104.041 includes within its proscriptions attempts to perpetrate the prohibited conduct....

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News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1988 WL 42226

prohibited general access within fifteen feet. Section 104.41, Fla. Stat. (1985) provides criminal penalties

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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

operation of, such programs or activities.” 34 C.F.R. § 104.41. Subpart E of the DOA regulations "applies to

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News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1085, 15 Media L. Rep. (BNA) 1663, 1988 Fla. App. LEXIS 1791

prohibited general access within fifteen feet. Section 104.41, Fla.Stat. (1985) provides criminal penalties

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

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

general wording ‘ . . .in any election. . . . ’ Section 104.041, relating to fraud in connection with casting

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United States v. Bd. of Trs. for the Univ. of Alabama, 908 F.2d 740 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit | 1990 WL 102337

from Federal financial assistance. ...” 34 C.F.R. § 104.41 (1989). Section 104.44(d) under Subpart E provides

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