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Florida Statute 104.23 - Full Text and Legal Analysis Florida Statute 104.23 | Lawyer Caselaw & Research
Fla. Stat. § 104.23 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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

Cases Citing F.S. 104.23

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·Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002).

Cited 1 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 21373, 2002 WL 31375631

...nformation known only by a few or information not publicly known. 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 104.23, Florida Statutes, makes it a third degree felony for someone assisting a voter to disclose how the voter voted....
...are premised, at least in part, upon a concern that one’s vote not be influenced by others. This premise supports the interpretation that Article VI, Section 1 is satisfied by the assistance provided in Section 101.051 because Sections 101.051 and 104.23 (making it a third degree felony for someone assisting a voter to disclose how the voter voted) go to significant lengths to prevent someone providing assistance to voters from influencing their voting....
0 red0 yellow4 green0 procedural
Cited as authorityTHOMAS (2024)
phrase: "rule_authority"
Cited as authorityDrayton (2020)
phrase: "rule_authority"
Cited as authorityHarris (2011)
phrase: "rule_authority"
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Am. Ass'n of People With Disabil. v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002).

Cited 3 times | Published | District Court, M.D. Florida

...nformation known only by a few or information not publicly known. 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 104.23, Florida Statutes, makes it a third degree felony for someone assisting a voter to disclose how the voter voted....
...r are premised, at least in part, upon a concern that one's vote not be influenced by others. This premise supports the interpretation that Article VI, Section 1 is satisfied by the assistance provided in Section 101.051 because Sections 101.051 and 104.23 (making it a third degree felony for someone assisting a voter to disclose how the voter voted) go to significant lengths to prevent someone providing assistance to voters from influencing their voting....
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News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1988 WL 42226

...See e.g., § 104.061 (providing penalties for corrupt influence of electors); § 104.20 (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); § 104.23 (providing penalties for disclosing how an elector votes); § 104.26 (providing penalties for destroying ballots or booths provided for voting)....
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·News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1085, 15 Media L. Rep. (BNA) 1663, 1988 Fla. App. LEXIS 1791

...See e.g., § 104.061 (providing penalties for corrupt influence of electors); § 104.20 (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); § 104.23 (providing penalties for disclosing how an elector votes); § 104.26 (providing penalties for destroying ballots or booths provided for voting)....
0 red0 yellow1 green0 procedural
Cited as authorityFirestone (1989)
phrase: "rule_authority"

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.