The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.041

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.

F.S. 104.041 on Google Scholar

F.S. 104.041 on Casetext

Amendments to 104.041

Arrestable Offenses / Crimes under Fla. Stat. 104.041

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

S104.041 - FRAUD - IN CASTING VOTE - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

RUSS, v. STATE, 832 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . vote cast, to be cast, or attempted to be cast by elector Ward (Count IV), in violation of section 104.041 . . .

HERNANDEZ, v. STATE, 749 So. 2d 1284 (Fla. Dist. Ct. App. 2000)

. . . Stat. and/or voter fraud, in violation of s. 104.041, Fla. . . .

TRUSHIN, v. STATE, 384 So. 2d 668 (Fla. Dist. Ct. App. 1980)

. . . In considering another provision of Chapter 104, Section 104.041, Florida Statutes (1971), which forbids . . . there can be no violation of law, as a void ballot does not constitute a vote within the meaning of § 104.041 . . .

STATE v. H. BROWN, Jr., 298 So. 2d 487 (Fla. Dist. Ct. App. 1974)

. . . indictment which charged appellee with violating the following portions of the state election laws: §§ 104.041 . . . assistance in the preparation of a ballot, uses the general wording ‘ . . .in any election. . . . ’ Section 104.041 . . . there can be no violation of law, as a void ballot does not constitute a vote within the meaning of § 104.041 . . . We reject that suggestion, because § 104.041 includes within its proscriptions attempts to perpetrate . . .