The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.0615

104.0615 Voter intimidation or suppression prohibited; criminal penalties.—

(1) This section may be cited as the “Voter Protection Act.”

(2) A person may not directly or indirectly use or threaten to use force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel an individual to:

(a) Vote or refrain from voting;

(b) Vote or refrain from voting for any particular individual or ballot measure;

(d) Refrain from acting as a legally authorized election official or poll watcher.

(3) A person may not knowingly use false information to:

(a) Challenge an individual’s right to vote;

(b) Induce or attempt to induce an individual to refrain from voting or registering to vote; or

(c) Induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher.

(4) A person may not knowingly destroy, mutilate, or deface a voter registration form or election ballot or obstruct or delay the delivery of a voter registration form or election ballot.

(5) A person who violates subsection (2), subsection (3), or subsection (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 76, ch. 2005-277.

F.S. 104.0615 on Google Scholar

F.S. 104.0615 on Casetext

Amendments to 104.0615

Arrestable Offenses / Crimes under Fla. Stat. 104.0615

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

S104.0615 2a - ELECTION LAWS - USE FORCE VIOL TO COMPEL VOTE OR REFRAIN - F: T

S104.0615 2b - ELECTION LAWS - USE FORCE VIOL COMPEL CERTAIN VOTE OR REFRAIN - F: T

S104.0615 2c - ELECTION LAWS - USE FORCE VIOL TO REFRAIN FROM REGISTERING - F: T

S104.0615 2d - ELECTION LAWS - USE FORCE VIOL TO REFRAIN FROM ELECTION OFF - F: T

S104.0615 3a - ELECTION LAWS - USE FALSE INFO CHALLENGE RIGHT TO VOTE - F: T

S104.0615 3b - ELECTION LAWS - USE FALSE INFO TO REFRAIN FROM VOTE REGISTER - F: T

S104.0615 3c - ELECTION LAWS - USE FALSE INFO TO REFRAIN FROM ELECTION OFF - F: T

S104.0615 4 - ELECTION LAWS - DESTROY DEFACE VOTER REGIS OR BALLOT - F: T

S104.0615 4 - ELECTION LAWS - OBSTRUCT DELAY DELIVERY VOTER REGIS BALLOT - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, s v. HERRERA,, 580 F. Supp. 2d 1195 (D.N.M. 2008)

. . . . § 104.0615(4). . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, v. S. BROWNING, L., 575 F. Supp. 2d 1298 (S.D. Fla. 2008)

. . . . § 104.0615(4)____” LWVF I, 447 F.Supp.2d at 1323. . . . third-party voter registration organizations, the interests are already adequately protected by Section 104.0615 . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, AFL- CIO, AFSCME v. M. COBB,, 447 F. Supp. 2d 1314 (S.D. Fla. 2006)

. . . . § 104.0615(4), which makes it a violation of the law to “knowingly destroy, mutilate, or deface a voter . . . Stat. § 104.0615(4) commits a felony in the third degree, and may be punished by up to five years in . . . Stat. §§ 104.0615(5), 775.082(3)(d), 775.083(l)(d). . . . Stat. § 104.0615(4). . . .