Florida Statutes

Fla. Stat. § 104.0616 (2025)

Vote-by-mail ballots and voting; violations.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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104.0616 Vote-by-mail ballots and voting; violations.—

(1) For purposes of this section, the term “immediate family” means a person’s spouse or the parent, child, grandparent, grandchild, or sibling of the person or the person’s spouse.

(2) Any person who distributes, orders, requests, collects, delivers, or otherwise physically possesses more than two vote-by-mail ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member, except as provided in ss. 101.6105-101.694, including supervised voting at assisted living facilities and nursing home facilities as authorized under s. 101.655, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 53, ch. 2005-278; s. 21, ch. 2013-57; s. 8, ch. 2014-17; s. 38, ch. 2016-37; s. 32, ch. 2021-11; s. 26, ch. 2022-73.

Arrestable Offenses under F.S. 104.0616

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§104.0616ELECTION LAWSRENUMBERED. SEE REC # 7560F · 3rd

§104.0616(2)ELECTION LAWSRENUMBERED. SEE REC # 9512M · 1st

§104.0616(2)ELECTION LAWSRENUMBERED. SEE REC # 9683M · 1st

§104.0616(2)ELECTION LAWSDISTRIB/ORDER/POSSESS GT 2 MAIL VOTE BALLOTF · 3rd

Notes of Decisions

Cited in 2 cases, 2016–2020 · leading case: Leslie Feldman v. Arizona Sec'y of State's Ofc., 843 F.3d 366 (9th Cir. 2016).

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Leslie Feldman v. Arizona Sec'y of State's Ofc., 843 F.3d 366 (9th Cir. 2016). · cites it 2× “§ 791(2)(A) (making it a crime to receive compensation for collecting absentee ballots); see also Fla. Stat. § 104.0616 (2) (making it a misdemeanor to receive compensation for collecting more than two vote-by-mail ballots); N.”

Dnc v. Katie Hobbs (9th Cir. 2020). · cites it 2× “Fla. Stat. Ann. § 104.0616 (2) (making it a misdemeanor to receive compensation for collecting more than two vote-by-mail ballots); Tex.”

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