Florida Statutes

Fla. Stat. § 104.23 (2025)

Disclosing how elector votes.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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104.23 Disclosing how elector votes.—Any election official or person assisting any elector who willfully discloses how any elector voted, except upon trial in court, 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. 12, ch. 65-379; s. 43, ch. 71-136; s. 35, ch. 77-175.

Arrestable Offenses under F.S. 104.23

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

§104.23ELECTION LAWSDISCLOSE HOW ELECTOR VOTESF · 3rd

Notes of Decisions

Cited in 4 cases, 1988–2002 · leading case: Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002).

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Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). · cites it 2× “The assistance provided by Section 101.051 would not appear to violate the latter meaning because only one or two people aside from the voter would know for whom the person voted, and Section 104.”

News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988). “22 (providing penalties for stealing and destroying election records); § 104.23 (providing penalties for disclosing how an elector votes); § 104.”

Am. Ass'n of People With Disabil. v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002). · cites it 2× “The assistance provided by Section 101.051 would not appear to violate the latter meaning because only one or two people aside from the voter would know for whom the person voted, and Section 104.”

News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988). “22 (providing penalties for stealing and destroying election records); § 104.23 (providing penalties for disclosing how an elector votes); § 104.”

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