Florida Statute 104.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.061

104.061 Corruptly influencing voting.—

(1) Whoever by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector’s right to vote at any election commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the first conviction, and a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any subsequent conviction.

(2) No person shall directly or indirectly give or promise anything of value to another intending thereby to buy that person’s or another’s vote or to corruptly influence that person or another in casting his or her vote. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection shall not apply to the serving of food to be consumed at a political rally or meeting or to any item of nominal value which is used as a political advertisement, including a campaign message designed to be worn by a person.

History.—ss. 1, 3, ch. 6470, 1913; RGS 5918; CGL 8182; s. 1, ch. 19617, 1939; s. 1, ch. 20934, 1941; s. 7, ch. 22858, 1945; s. 8, ch. 26870, 1951; s. 1, ch. 65-379; s. 25, ch. 71-136; s. 35, ch. 77-175; s. 51, ch. 79-400; s. 21, ch. 81-304; s. 22, ch. 90-315; s. 616, ch. 95-147; s. 29, ch. 98-129.

F.S. 104.061 on Google Scholar

F.S. 104.061 on Casetext

Amendments to 104.061

Arrestable Offenses / Crimes under Fla. Stat. 104.061

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

S104.061 1 - INTIMIDATION - CORRUPTLY INFLU VOTE THREAT MENACE SUBSQ OFF - F: S

S104.061 1 - INTIMIDATION - CORRUPTLY INFLU VOTE BY THREAT MENACE 1ST OFF - F: T

S104.061 1 - BRIBERY - TO CORRUPTLY INFLUENCE VOTE SUBSQ OFF - F: S

S104.061 1 - BRIBERY - TO CORRUPTLY INFLUENCE VOTE 1ST OFF - F: T

S104.061 1 - ELECTION LAWS - INFLUENCE VOTE BY OTHER CORRUPT SUBSQ OFF - F: S

S104.061 1 - ELECTION LAWS - INFLUENCE VOTING BY OTHER CORRUPTION 1ST OFF - F: T

S104.061 2 - BRIBERY - BUY PERSONS VOTE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 104.061

Total Results: 14

Russ v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-18T23:53:00-08:00

Citation: 832 So. 2d 901

Snippet: . § 104.061(1), Fla. Stat. (1999). One motion to dismiss sought a declaration that section 104.061 is …of their right to vote, in violation of section 104.061, Florida Statutes (1999); 3) by false swearing …candidate. § 104.0515(3), Fla. Stat. (1999). Section 104.061 states in pertinent part: Whoever by bribery, menace…another motion sought a declaration that section 104.061 is unconstitutional because the terms *906 "…quot;other corruption whatsoever" in section 104.061(1), so long as the words are construed as offering

News-Press Pub. Co., Inc. v. Firestone

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-06T00:53:00-07:00

Citation: 527 So. 2d 223

Snippet: in chapter 104, Florida Statutes. See e.g., § 104.061 (providing penalties for corrupt influence of electors

News-Press Publishing Co. v. Firestone

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-06T00:00:00-07:00

Citation: 527 So. 2d 223, 13 Fla. L. Weekly 1085, 15 Media L. Rep. (BNA) 1663, 1988 Fla. App. LEXIS 1791

Snippet: in chapter 104, Florida Statutes. See e.g., § 104.061 (providing penalties for corrupt influence of electors

Hale v. Miracle Enterprises Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-28T23:53:00-08:00

Citation: 517 So. 2d 102

Snippet: 753 v. Meadowmoor Dairies, Inc., 312 U.S. 287, *104 61 S.Ct. 552, 85 L.Ed. 836 (1941); Movie Sys., Inc

Shiver v. Apalachee Publishing Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-13T23:53:00-08:00

Citation: 425 So. 2d 1173

Snippet: this activity constituted a violation of Section 104.061, Florida Statutes. Appellant alleged that appellee…count two of appellant's complaint. Section 104.061, Florida Statutes, on its face, is confined to

Trushin v. State

Court: Fla. | Date Filed: 1982-11-04T00:00:00-08:00

Citation: 425 So. 2d 1126

Snippet: quot; in subsection 104.061(2) is unconstitutionally vague; 2) subsection 104.061(2) is unconstitutionally…subsection 104.061(2) void for vagueness. Trushin's third issue alleges that subsection 104.061(2) is … passed on the constitutionality of subsection 104.061(2), Florida Statutes (1977).[1] We have jurisdiction… corruptly influencing voting under subsection 104.061(2). Trial The state's first witness in the…ask that the state elects to which portion of [104.061(2)] they are referring to. THE COURT: Mr. Glick

Beckwith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-08-07T00:53:00-07:00

Citation: 386 So. 2d 836

Snippet: felony of buying the votes of others. Section 104.061(2), Florida Statutes (1979). The trial court has…sellers are not (it is not a violation of Section 104.061 to sell one's vote); the influences and pressures…conscience and is codified as Florida Statutes § 104.061(2). The majority views these proceedings as some

Trushin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-20T00:53:00-07:00

Citation: 384 So. 2d 668

Snippet: Constitutionality of § 104.061(2) The defendant's first point claims that § 104.061(2) is facially unconstitutional…of the offense prohibited by § 104.061(2). Again, we disagree. § 104.061(2) states simply that "[n…NOTES [1] Section 104.061, Florida Statutes (1977) provides, in its entirety: 104.061 Corruptly influencing…guilty of a violation of that portion of Section 104.061(2), Florida Statutes (1977) which makes it a felony…for "corruptly influencing voting under § 104.061," alleged a violation only of subsection (

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-06-06T00:53:00-07:00

Snippet: 838.03, 838.04, 838.05, 838.06, 838.07, 838.08, and 104.061, F.S., respectively, in substantially the same

State v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-09T00:00:00-07:00

Citation: 298 So. 2d 487, 1974 Fla. App. LEXIS 8920

Snippet: state election laws: §§ 104.041, 104.051(3), and 104.061, F.S. The following are the facts of the case as…fraud in connection with any vote. . . . ’ Section 104.061(2), relating to corruptly influencing voting, uses…note that appellee is charged with violating § 104.061, F.S., by unlawfully and corruptly ordering the…However, examination of Count II in light of § 104.061, convinces us that the offense with which appellee…ballots) does not fall within the purview of § 104.061, which section proscribes conduct intended to influence

State v. Gartenmayer

Court: Fla. Dist. Ct. App. | Date Filed: 1970-09-15T00:00:00-07:00

Citation: 239 So. 2d 116

Snippet: corruptly influencing voting, in violation of section 104.061(2) Fla.Stat., F.S.A. The information was filed

Maloney v. Kirk

Court: Fla. | Date Filed: 1968-07-02T00:53:00-07:00

Citation: 212 So. 2d 609

Snippet: candidate guilty of this offense. "Section 104.061, Florida Statutes, forbids under criminal penalties

Stein v. Darby

Court: Fla. Dist. Ct. App. | Date Filed: 1961-01-23T23:53:00-08:00

Citation: 126 So. 2d 313

Snippet: 9153, N.R.S. 37.010; Utah Code Ann. (1943) tit. 104-61-1. [10] Article XVI, § 29, Florida Constitution

State v. City of Tallahassee

Court: Fla. | Date Filed: 1936-11-21T00:00:00-08:00

Citation: 170 So. 897, 126 Fla. 275, 1936 Fla. LEXIS 1592

Snippet: Hinds County v. National Life Ins. Co., 104 Miss. 104,61 Sou. Rep. 164. Where municipal bonds are, by their