Florida Statutes

Fla. Stat. § 104.22 (2025)

Stealing and destroying records, etc., of election.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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104.22 Stealing and destroying records, etc., of election.—Any person who is guilty of stealing, willfully and wrongfully breaking, destroying, mutilating, defacing, or unlawfully moving or securing and detaining the whole or any part of any ballot box or any record tally sheet or copy thereof, returns, or any other paper or document provided for, or who fraudulently makes any entry or alteration therein except as provided by law, or who permits any other person so to do, 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. 11, ch. 65-379; s. 42, ch. 71-136; s. 35, ch. 77-175.

Arrestable Offenses under F.S. 104.22

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

§104.22LARCSTEAL MOVE SECURE DETAIN BALLOT BOX REC ETCF · 3rd

§104.22FRAUDPERMIT ENTRY OR ALTER BALLOT BOX RECORDSF · 3rd

§104.22DAMAGE PROP-PUBLICDESTROY MUTILATE DEFACE BALLOT BOX RECORDS ETCF · 3rd

Notes of Decisions

Cited in 3 cases, 1974–1988 · leading case: News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988).

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News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988). “20 (prohibiting any elector allowing his ballot to be seen or endeavoring to get an elector to show how he voted and other offenses); § 104.22 (providing penalties for stealing and destroying election records); § 104.”

State v. Brown, 298 So. 2d 487 (Fla. 4th DCA 1974). “However, the charge contained in Count II may constitute a violation of § 104.22, F.S., which proscribes certain conduct relative to election materials and records.”

News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988). “20 (prohibiting any elector allowing his ballot to be seen or endeavoring to get an elector to show how he voted and other offenses); § 104.22 (providing penalties for stealing and destroying election records); § 104.”

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