Florida Statute 104.061 - Full Text and Legal Analysis

The 2025 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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Amendments to 104.061

Annotations, Discussions, Cases:

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

Cases Citing Statute 104.061

Total Results: 10

Trushin v. State

425 So. 2d 1126

Supreme Court of Florida | Filed: Nov 4, 1982 | Docket: 1182234

Cited 50 times | Published

concerning the validity and interpretation of § 104.061(2)." 384 So.2d at 679 n. 28. Supreme Court Review

Russ v. State

832 So. 2d 901, 2002 WL 31833714

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1700078

Cited 10 times | Published

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

Maloney v. Kirk

212 So. 2d 609

Supreme Court of Florida | Filed: Jul 2, 1968 | Docket: 1513493

Cited 9 times | Published

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

Shiver v. Apalachee Publishing Co.

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

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 1182633

Cited 4 times | Published

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

Beckwith v. State

386 So. 2d 836

District Court of Appeal of Florida | Filed: Aug 7, 1980 | Docket: 477561

Cited 4 times | Published

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

Trushin v. State

384 So. 2d 668

District Court of Appeal of Florida | Filed: May 20, 1980 | Docket: 1678466

Cited 4 times | Published

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

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

527 So. 2d 223, 1988 WL 42226

District Court of Appeal of Florida | Filed: May 6, 1988 | Docket: 1526064

Cited 1 times | Published

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

News-Press Publishing Co. v. Firestone

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

District Court of Appeal of Florida | Filed: May 6, 1988 | Docket: 64635624

Published

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

State v. Brown

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

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 64540553

Published

fraud in connection with any vote. . . . ’ Section 104.061(2), relating to corruptly influencing voting

State v. Gartenmayer

239 So. 2d 116

District Court of Appeal of Florida | Filed: Sep 15, 1970 | Docket: 64516465

Published

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