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.
...ly should be guaranteed." It is the opinion and finding of the Court that Florida Statute 103.091(6) is unconstitutional. A status conference will be set to determine the further procedures to be taken in connection with this litigation. NOTES [1] F.S. 104.051(2) [2] See the recent case of First National Bank of Boston v....
Cited 11 times | Published | District Court, M.D. Florida
...All Sheriffs and officers are required to perform their duties relating to elections. Fla.Stat. § 104.11. Other portions of the code reveal that the election process can be protected without the blanket infringement of First Amendment rights alleged in the challenged *127 statute. See e.g. Fla.Stat. § 104.051, 104.061, 104.091, 104.185, 104.19, 104.23 and 104.41....
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit
...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. Stat. 104.051 for failure to take such action. See Fla. Stat. 104.051 ("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.")....
Cited 2 times | Published | Florida 1st District Court of Appeal | 3 Educ. L. Rep. 1154
...ll worker failed to remove the sign on request, in violation of Section 104.36; 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 Clay County Administrators Association, even though he had actual or constructive knowledge that the Administrators Association had not complied with the disclosure requirements Section 106.144....
...ual balloting and counting process. Regarding the alleged violations of Chapter 104 of the election code and Chapter 106, campaign financing, the respective statutory provisions expressly provide for civil and criminal penalties for such violations. Section 104.051, provides that an official who neglects to perform his duties under the election code is guilty of a first degree misdemeanor, and an official who performs his duties under the election code fraudulently or corruptly is guilty of a third degree felony....
Published | Court of Appeals for the Eleventh Circuit | 2000 WL 1781942
...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. Stat. § 104.051 for failure to take such action. See Fla. Stat. §
104.051 (“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.”).
The legislative history of the manual recount prov...
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