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. 104.16

104.16 Voting fraudulent ballot.—

(1) Any elector who knowingly votes or attempts to vote a fraudulent ballot, or any person who knowingly solicits, or attempts, to vote a fraudulent ballot, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Subsection (1) does not apply to an elector to whom notice has been sent pursuant to s. 98.075(7) and who votes a provisional ballot or vote-by-mail ballot before a final determination of eligibility is made.

History.—s. 36, ch. 4328, 1895; GS 221; s. 42, ch. 6469, 1913; RGS 266, 346, 5911; CGL 322, 403; 8175; s. 6, ch. 17898, 1937; s. 3, ch. 17901, 1937; s. 6, ch. 25187, 1949; s. 4, ch. 25386, 1949; s. 8, ch. 26870, 1951; s. 6, ch. 65-379; s. 35, ch. 71-136; s. 35, ch. 77-175; s. 40, ch. 2023-120.

Note.—Former ss. 99.20, 102.41.

F.S. 104.16 on Google Scholar

F.S. 104.16 on Casetext

Amendments to 104.16

Arrestable Offenses / Crimes under Fla. Stat. 104.16

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

S104.16 - FRAUD - VOTING FRAUDULENT BALLOT - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

MEMORIAL HERMANN HOSPITAL, v. SEBELIUS,, 728 F.3d 400 (5th Cir. 2013)

. . . this type of transaction should not be considered a donation of the fixed assets (see the PRM at § 104.16 . . .

In E. HOCKENBERRY, Jr., 457 B.R. 646 (Bankr. S.D. Ohio 2011)

. . . The Amended Disclosure Statement reflects that the Debtor will set aside $104.16 per month to service . . .

PROCHROMA TECHS. INC. l v. UNITED STATES,, 60 Fed. Cl. 614 (Fed. Cl. 2004)

. . . Tr. at 629-32; see PX 104 HH161-62, at 104.16, H163, at 104.16-104.17, HU 164-65, at 104.17, 104.26-29 . . . Id. at 886; see PX 104 H11161-62, at 104.16,11163, at 104.16-104.17, 1111164-65, at 104.17, 104.26-29 . . .

J. FARRIS, v. COUNTY OF CAMDEN, E. III,, 61 F. Supp. 2d 307 (D.N.J. 1999)

. . . See 1 Weinstein’s Federal Evidence, § 104.16[4][b] (citing Precision Piping & Instruments, Inc. v. . . .

In WHOLESALE FURNITURE MART, INC. HILL, v. I. I. OZAR, v. GRAY, 24 B.R. 240 (Bankr. W.D. Mo. 1982)

. . . Claim incurred 100.00 5311 Hardey July 12,1980 Raytown, Mo. 64133 Lunnell Hollinshed Claim incurred 104.16 . . .

In E. KEANE a M. E. KEANE M. v. UNITED GUARANTY INDEMNITY COMPANY, P. O., 7 B.R. 844 (Bankr. N.D. Iowa 1980)

. . . in the amount of $6,249.60, including principal and interest payable in sixty equal installments of $104.16 . . . Six monthly payments of $104.16 were past due and owing in the amount of $624.96. . . .

HERCULES INCORPORATED, v. ENVIRONMENTAL PROTECTION AGENCY, VELSICOL CHEMICAL CORPORATION, v. M. COSTLE,, 598 F.2d 91 (D.C. Cir. 1978)

. . . . § 104.16 (1975) — known as the “ex parte contacts rule” — that had enjoined “the Administrator or the . . . Because the law clearly does not require the prohibition on ex parte discussions contained in Section 104.16 . . . Finally, the former provision in § 104.16 with respect to ex parte discussions has been deleted as unnecessary . . .

In V. LOEWER S GAMBRINUS BREWERY CO., 74 F. Supp. 909 (S.D.N.Y. 1947)

. . . New York City, at $3750 per annum ($312.50 per month), 540-542 West 41st Street, at $1250 per annum ($104.16 . . .

v. W. J., 141 Fla. 522 (Fla. 1939)

. . . Three payments of $104.16 each have been made, leaving a balance due on the second note of $941.04. . . .

v. W. J., 140 Fla. 429 (Fla. 1939)

. . . Three payments of $104.16 each have been made, leaving a balance due on the second note of $941.04. . . .

v. P., 137 Fla. 496 (Fla. 1939)

. . . drew and signed four warrants on the State Treasurer for the sum of $208.33 each and one warrant for $104.16 . . .

v., 30 B.T.A. 691 (B.T.A. 1934)

. . . determined was divided by 120, the number of months the lease was to run, which produced a figure of $104.16 . . . Out of each monthly rental payment of $490, the sum of $104.16 was charged to the Boulevard Transportation . . .

v., 24 B.T.A. 901 (B.T.A. 1931)

. . . difference between the par value of bonds purchased of $605,000.00 and accrued interest thereon of $194,-104.16 . . .

KANSAS CITY SOUTHERN RAILWAY COMPANY ET AL. v. ROAD IMPROVEMENT DISTRICT NO. OF SEVIER COUNTY, ARKANSAS, ET AL., 266 U.S. 379 (U.S. 1924)

. . . This sum capitalized on a six per cent, basis, which gives $104.16, represents the full benefit to the . . .

In MORRIS, 156 F. 597 (M.D. Pa. 1907)

. . . $600 had been paid; $75 on April 1, 1907, and the same amount monthly until $900 had been paid; and $104.16 . . .