Florida Statutes
Fla. Stat. § 104.15 (2025)
Unqualified electors willfully voting.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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104.15 Unqualified electors willfully voting.—Whoever, knowing he or she is not a qualified elector, willfully votes at any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 8, ch. 26870, 1951; s. 5, ch. 65-379; s. 34, ch. 71-136; s. 35, ch. 77-175; s. 621, ch. 95-147.
Arrestable Offenses under F.S. 104.15
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.15FRAUDELECTION VOTING BY UNQUALIFIED VOTER
Notes of Decisions
Cited in 7
cases (5 in the last 5 years), 1974–2025 · leading case: State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).
State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025). “The OSP filed a one-count information charging Washington with voting by unqualified elector in violation of section 104.15, Florida Statutes (2020). Although it is undisputed that Washington cast his ballot solely in Orange County, the information alleged that Washington, “in…”
State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025). “The OSP filed a one-count information charging Washington with voting by unqualified elector in violation of section 104.15, Florida Statutes (2020). Although it is undisputed that Washington cast his ballot solely in Orange County, the information alleged that Washington, “in…”
Hart v. State of Florida (Fla. 2d DCA 2025). “" In count II, the OSP alleged that Hart "did willfully vote in an election knowing that he is not a qualified elector, contrary to Section 104.15, Florida Statutes." Hart eventually moved to dismiss pursuant to Florida Rule of Criminal Procedure 3.”
State v. Brown, 298 So. 2d 487 (Fla. 4th DCA 1974). “’ Section 104.15, relating to unqualified persons voting, uses the language ‘ .”
State of Florida v. Terry Hubbard (Fla. 4th DCA 2024). “011(1), Florida Statutes (2020), and voting by an unqualified elector under section 104.15, Florida Statutes (2020). Hubbard moved to dismiss the charges, arguing the OSP lacked authority to prosecute him under section 16.”
The State of Florida v. Ronald Lee Miller (Fla. 3d DCA 2024). “” § 104.15, Fla. Stat. (2020) (emphasis added).”
Kinney v. Putnam Cnty. Canvassing Bd., 253 So. 3d 1254 (Fla. 5th DCA 2018). “§ 104.15, Fla. Stat. 6 received from, but not limited to, a clerk of the circuit court, the Board of Executive Clemency, the Department of Corrections, the Department of Law Enforcement, or a United States Attorney’s Office.”
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