104.061
Corruptly influencing voting.
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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.
Notes of Decisions
Cited in 10
cases, 1968–2002 · leading case: Trushin v. State
Trushin v. State (1982)
“TRUSHIN TMT/hc NOTES [1] § 104.061, Fla. Stat. (1977), provides: Corruptly influencing voting.”
Trushin v. State (1980)
“[28] NOTES [1] Section 104.061, Florida Statutes (1977) provides, in its entirety: 104.”
Russ v. State (2002)
“0515, Florida Statutes (1999); 2) by corruptly influencing voting by attempting to influence, deceive, or deter, directly or indirectly, by bribery, menace, threat, or other corruption, electors Williams on March 12, 1999; and Youman on March 11, 1999 (Counts II & VI,…”
Shiver v. Apalachee Publishing Co. (1983)
“Frank Johnson East Point The second count charged that the letter was fabricated with the knowledge, consent *1175 or participation of appellee, its agents or employees, for the purpose of influencing the electors of Franklin County, and that this activity constituted a…”
Beckwith v. State (1980)
“County giving rise to doubts about the availability of an impartial jury: the complex relationship among families in this second-smallest Florida county; the familiarity most everyone has with most everyone else, and widespread conversation about vote-buying and these…”
Maloney v. Kirk (1968)
“"Section 104.061, Florida Statutes, forbids under criminal penalties the use of `bribery, menace, threat or other corruption whatsoever,' to curtail the free exercise of the franchise by qualified electors.”
State v. Brown (1974)
“While we are unable to accept that argument insofar as it is based on the invalidity of the ballot, we do note that appellee is charged with violating § 104.061, F.S., by unlawfully and corruptly ordering the city clerk to throw out sealed absentee ballots cast by electors in a…”
News-Press Publishing Co. v. Firestone (1988)
“22 (providing penalties for stealing and destroying election records); § 104.”
State v. Gartenmayer (1970)
“The state appeals an order dismissing an information in two counts against the ap-pellee, charging her with the crime of corruptly influencing voting, in violation of section 104.061(2) Fla.Stat., F.S.A. The information was filed in the Criminal Court of Record of Monroe County.”
News-Press Pub. Co., Inc. v. Firestone (1988)
“22 (providing penalties for stealing and destroying election records); § 104.”
— 104.061(1) — 3 cases
Russ v. State (2002)
“0515, Florida Statutes (1999); 2) by corruptly influencing voting by attempting to influence, deceive, or deter, directly or indirectly, by bribery, menace, threat, or other corruption, electors Williams on March 12, 1999; and Youman on March 11, 1999 (Counts II & VI,…”
Trushin v. State (1982)
“TRUSHIN TMT/hc NOTES [1] § 104.061, Fla. Stat. (1977), provides: Corruptly influencing voting.”
Trushin v. State (1980)
“[28] NOTES [1] Section 104.061, Florida Statutes (1977) provides, in its entirety: 104.”
— 104.061(2) — 5 cases
Trushin v. State (1982)
“TRUSHIN TMT/hc NOTES [1] § 104.061, Fla. Stat. (1977), provides: Corruptly influencing voting.”
Trushin v. State (1980)
“[28] NOTES [1] Section 104.061, Florida Statutes (1977) provides, in its entirety: 104.”
Beckwith v. State (1980)
“County giving rise to doubts about the availability of an impartial jury: the complex relationship among families in this second-smallest Florida county; the familiarity most everyone has with most everyone else, and widespread conversation about vote-buying and these…”
State v. Brown (1974)
“While we are unable to accept that argument insofar as it is based on the invalidity of the ballot, we do note that appellee is charged with violating § 104.061, F.S., by unlawfully and corruptly ordering the city clerk to throw out sealed absentee ballots cast by electors in a…”
State v. Gartenmayer (1970)
“The state appeals an order dismissing an information in two counts against the ap-pellee, charging her with the crime of corruptly influencing voting, in violation of section 104.061(2) Fla.Stat., F.S.A. The information was filed in the Criminal Court of Record of Monroe County.”
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