104.041
Fraud in connection with casting vote.
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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.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1974–2024 · leading case: Trushin v. State
Trushin v. State (1980)
“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.”
Russ v. State (2002)
“011, Florida Statutes (1999); and 4) by committing fraud 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…”
State v. Brown (1974)
“This is an appeal by the state from an order quashing an indictment which charged appellee with violating the following portions of the state election laws: §§ 104.041, 104.051(3), and 104.061, F.S.”
JONES v. DESANTIS (2019)
“§ 104.041. At least one Supervisor of Elections and one State Attorney have said they will not pursue criminal charges against a felon who asserts in good faith that the felon has completed all terms of sentence.”
Adam Richardson v. Secretary, Florida Agency for Health Care Administration (2024)
“, §§ 104.041 (fraud in connection with casting a vote), .”
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