Florida Statutes
Fla. Stat. § 104.051 (2025)
Violations; neglect of duty; corrupt practices.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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104.051 Violations; neglect of duty; corrupt practices.—
(1) Any official who willfully violates any of the provisions of this election code shall be excluded from the polls. Any election official who is excluded shall be replaced as provided in this code.
(2) Any official who willfully refuses or willfully neglects to perform his or her duties as prescribed by this election code is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any official who performs his or her duty as prescribed by this election code fraudulently or corruptly is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any supervisor, deputy supervisor, or election employee who attempts to influence or interfere with any elector voting a ballot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any supervisor who willfully violates any provision of the Florida Election Code is, upon a finding of such violation by a court of competent jurisdiction, prohibited from receiving the special qualification salary pursuant to s. 145.09(3) for a period of 24 months, dating from the time of the violation.
History.—s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; s. 16, ch. 14715, 1931; s. 4, ch. 18407, 1937; GS 215, 3824; RGS 259, 5885; CGL 315, 8148; 1936 Supp. 8151(1); 1940 Supp. 7476(8); ss. 3-E, 4, 7, 8, ch. 22018, 1943; s. 8, ch. 26870, 1951; s. 42, ch. 28156, 1953; s. 24, ch. 71-136; s. 35, ch. 77-175; s. 21, ch. 90-315; s. 614, ch. 95-147; s. 27, ch. 98-129; s. 39, ch. 2019-162.
Arrestable Offenses under F.S. 104.051
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.051(2)ELECTION LAWSWILLFULLY REFUSE OR NEGLECT TO PERFORM DUTIES
§104.051(3)ELECTION LAWSOFFICIAL CORRUPTLY PERFORM DUTIES
§104.051(3)ELECTION LAWSFRAUDULENTLY OR CORRUPTLY PERFORM DUTIES
§104.051(3)FRAUDOFFICIAL FRAUDULENTLY PERFORM DUTIES
§104.051(4)ELECTION LAWSINFLUENCE OR INTERFERE WITH VOTING
Notes of Decisions
Cited in 3
cases, 1978–2000 · leading case: Abrams v. Reno, 452 F. Supp. 1166 (S.D. Fla. 1978).
Abrams v. Reno, 452 F. Supp. 1166 (S.D. Fla. 1978). “” It is the opinion and finding of the Court that Florida Statute 103.091(6) is unconstitutional.”
Smith v. Tynes, 412 So. 2d 925 (Fla. 1st DCA 1982). “36; the same poll worker failed, on request, to place a marker one hundred yards from the polling place in order to prevent solicitation near polling places, in violation of Section 104.051; on September 4, 1980, Tynes ran a newspaper ad reflecting that he had the support of the…”
Robert C. Touchston v. Michael McDermott, 234 F.3d 1133 (11th Cir. 2000). “Insofar as Attorney General Butterworth’s statement can be read to suggest that all ballots with undervoted ballots should have been examined on November 7, it is noteworthy that no county canvassing board member has, to my knowledge, been charged with neglect of duty under Fla.…”
— 104.051(2) — 1 case
Abrams v. Reno, 452 F. Supp. 1166 (S.D. Fla. 1978). “” It is the opinion and finding of the Court that Florida Statute 103.091(6) is unconstitutional.”
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