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Florida Statute 104.0515 | Lawyer Caselaw & Research
F.S. 104.0515 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 104.0515

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES
View Entire Chapter
F.S. 104.0515
104.0515 Voting rights; deprivation of, or interference with, prohibited; penalty.
(1) All citizens of this state who are otherwise qualified by law to vote at any election by the people in this state or in any district, county, city, town, municipality, school district, or other subdivision of this state shall be entitled and allowed to vote at all such elections without distinction according to race, color, or previous condition of servitude, notwithstanding any law, ordinance, regulation, custom, or usage to the contrary.
(2) No person acting under color of law shall:
(a) In determining whether any individual is qualified under law to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under law to other individuals within the same political subdivision who have been found to be qualified to vote; or
(b) Deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under law to vote in such election. This paragraph shall apply to vote-by-mail ballots only if there is a pattern or history of discrimination on the basis of race, color, or previous condition of servitude in regard to vote-by-mail ballots.
(3) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or not to vote as that person may choose, or for the purpose of causing such other person to vote for, or not vote for, any candidate for any office at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate.
(4) No voting qualification or prerequisite to voting, and no standard, practice, or procedure, shall be imposed or applied by any political subdivision of this state to deny or abridge the right of any citizen to vote on account of race or color.
(5) Any person who violates the provisions of this section 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. 1, ch. 82-59; s. 26, ch. 83-217; s. 5, ch. 91-224; s. 615, ch. 95-147; s. 28, ch. 98-129; s. 37, ch. 2016-37.

F.S. 104.0515 on Google Scholar

F.S. 104.0515 on Casetext

Amendments to 104.0515


Arrestable Offenses / Crimes under Fla. Stat. 104.0515
Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.0515 1 - CIVIL RIGHTS - APPLY DISTINCTION BY RACE COLOR SERVITUDE - F: T
S104.0515 2a - CIVIL RIGHTS - APPLY VOTE STANDARD PRACT DIF THAN ESTAB - F: T
S104.0515 2b - CIVIL RIGHTS - DENY VOTING RIGHT BECAUSE OF ERROR OR OMISSION - F: T
S104.0515 3 - INTIMIDATION - THREATEN COERCE TO INTERFERE W VOTING RIGHTS - F: T
S104.0515 4 - CIVIL RIGHTS - APPLY VOTE QUALIF DENY RIGHTS BY RACE COLOR - F: T
S104.0515 5 - ELECTION LAWS - ELECTION PROVISIONS VIOLATIONS - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

RUSS, v. STATE, 832 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . 12, 1999; and Tracy Youman on March 11, 1999 (Counts I & V, respectively), in violation of section 104.0515 . . . Section 104.0515 states in pertinent part: No person, whether acting under color of law or otherwise, . . . Counsel argued that “intimidate” involves “a very nebulous concept” and that section 104.0515 fails to . . . Accordingly, Appellant has not demonstrated a problem with vagueness in either section 104.0515 or section . . . In essence, section 104.0515(3) proscribes a person from intimidating, threatening, or coercing anyone . . .

CBS INC. v. SMITH, a, 681 F. Supp. 794 (S.D. Fla. 1988)

. . . , section 102.031(2) empowers the deputy sheriff to maintain “good order” at the polls, and section 104.0515 . . .