The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.051

104.051 Violations; neglect of duty; corrupt practices.—

(1) Any official who willfully violates any of the provisions of this election code shall be excluded from the polls. Any election official who is excluded shall be replaced as provided in this code.

(2) Any official who willfully refuses or willfully neglects to perform his or her duties as prescribed by this election code is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any official who performs his or her duty as prescribed by this election code fraudulently or corruptly is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any supervisor, deputy supervisor, or election employee who attempts to influence or interfere with any elector voting a ballot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any supervisor who willfully violates any provision of the Florida Election Code is, upon a finding of such violation by a court of competent jurisdiction, prohibited from receiving the special qualification salary pursuant to s. 145.09(3) for a period of 24 months, dating from the time of the violation.

History.—s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; s. 16, ch. 14715, 1931; s. 4, ch. 18407, 1937; GS 215, 3824; RGS 259, 5885; CGL 315, 8148; 1936 Supp. 8151(1); 1940 Supp. 7476(8); ss. 3-E, 4, 7, 8, ch. 22018, 1943; s. 8, ch. 26870, 1951; s. 42, ch. 28156, 1953; s. 24, ch. 71-136; s. 35, ch. 77-175; s. 21, ch. 90-315; s. 614, ch. 95-147; s. 27, ch. 98-129; s. 39, ch. 2019-162.

F.S. 104.051 on Google Scholar

F.S. 104.051 on Casetext

Amendments to 104.051

Arrestable Offenses / Crimes under Fla. Stat. 104.051

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.051 2 - ELECTION LAWS - WILLFULLY REFUSE OR NEGLECT TO PERFORM DUTIES - M: F

S104.051 3 - FRAUD - OFFICIAL FRAUDULENTLY PERFORM DUTIES - F: T

S104.051 3 - ELECTION LAWS - FRAUDULENTLY OR CORRUPTLY PERFORM DUTIES - F: T

S104.051 3 - ELECTION LAWS - OFFICIAL CORRUPTLY PERFORM DUTIES - F: T

S104.051 4 - ELECTION LAWS - INFLUENCE OR INTERFERE WITH VOTING - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1133 (11th Cir. 2000)

. . . . § 104.051 for failure to take such action. Fla. . . . . § 104.051 (“Any official who willfully refuses or willfully neglects to perform his or her duties as . . .

CLEAN- UP a v. C. HEINRICH,, 759 F.2d 1511 (11th Cir. 1985)

. . . . §§ 877.03, 104.11, 104.051, 104.061, 104.091, 104.185, 104.23, and 104.41. . . .

SMITH, v. P. TYNES, Jr. L. H., 412 So. 2d 925 (Fla. Dist. Ct. App. 1982)

. . . from the polling place in order to prevent solicitation near polling places, in violation of Section 104.051 . . . Section 104.051, provides that an official who neglects to perform his duties under the election code . . .

ABRAMS v. RENO,, 452 F. Supp. 1166 (S.D. Fla. 1978)

. . . F.S. 104.051(2) . See the recent case of First National Bank of Boston v. . . .

STATE v. H. BROWN, Jr., 298 So. 2d 487 (Fla. Dist. Ct. App. 1974)

. . . which charged appellee with violating the following portions of the state election laws: §§ 104.041, 104.051 . . .