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.

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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: District Court of Appeal of Florida | Date Filed: 2002-12-19

Citation: 832 So. 2d 901, 2002 WL 31833714

Snippet: of their right to vote, in violation of section 104.061, Florida Statutes (1999); 3) by false swearing

News-Press Publishing Co. v. Firestone

Court: District Court of Appeal of Florida | Date Filed: 1988-05-06

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);

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

Court: District Court of Appeal of Florida | Date Filed: 1988-05-06

Citation: 527 So. 2d 223, 1988 WL 42226

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

Hale v. Miracle Enterprises Corp.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-29

Citation: 517 So. 2d 102, 1987 WL 3368

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: District Court of Appeal of Florida | Date Filed: 1983-01-14

Citation: 425 So. 2d 1173, 9 Media L. Rep. (BNA) 1053

Snippet: this activity constituted a violation of Section 104.061, Florida Statutes. Appellant alleged that appellee's

Trushin v. State

Court: Supreme Court of Florida | Date Filed: 1982-11-04

Citation: 425 So. 2d 1126

Snippet: passed on the constitutionality of subsection 104.061(2), Florida Statutes (1977).[1] We have jurisdiction[2]

Beckwith v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-08-07

Citation: 386 So. 2d 836

Snippet: felony of buying the votes of others. Section 104.061(2), Florida Statutes (1979). The trial court has

Trushin v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-05-20

Citation: 384 So. 2d 668

Snippet: guilty of a violation of that portion of Section 104.061(2), Florida Statutes (1977) which makes it a felony

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-06-06

Snippet: 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: District Court of Appeal of Florida | Date Filed: 1974-08-09

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

State v. Gartenmayer

Court: District Court of Appeal of Florida | Date Filed: 1970-09-15

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: Supreme Court of Florida | Date Filed: 1968-07-02

Citation: 212 So. 2d 609

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

Stein v. Darby

Court: District Court of Appeal of Florida | Date Filed: 1961-01-24

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: Supreme Court of Florida | Date Filed: 1936-11-21

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