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Florida Statute 104.061 | Lawyer Caselaw & Research
F.S. 104.061 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES
View Entire Chapter
F.S. 104.061
104.061 Corruptly influencing voting.
(1) Whoever by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector’s right to vote at any election commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the first conviction, and a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any subsequent conviction.
(2) No person shall directly or indirectly give or promise anything of value to another intending thereby to buy that person’s or another’s vote or to corruptly influence that person or another in casting his or her vote. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection shall not apply to the serving of food to be consumed at a political rally or meeting or to any item of nominal value which is used as a political advertisement, including a campaign message designed to be worn by a person.
History.ss. 1, 3, ch. 6470, 1913; RGS 5918; CGL 8182; s. 1, ch. 19617, 1939; s. 1, ch. 20934, 1941; s. 7, ch. 22858, 1945; s. 8, ch. 26870, 1951; s. 1, ch. 65-379; s. 25, ch. 71-136; s. 35, ch. 77-175; s. 51, ch. 79-400; s. 21, ch. 81-304; s. 22, ch. 90-315; s. 616, ch. 95-147; s. 29, ch. 98-129.

F.S. 104.061 on Google Scholar

F.S. 104.061 on Casetext

Amendments to 104.061


Arrestable Offenses / Crimes under Fla. Stat. 104.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.061 1 - INTIMIDATION - CORRUPTLY INFLU VOTE THREAT MENACE SUBSQ OFF - F: S
S104.061 1 - INTIMIDATION - CORRUPTLY INFLU VOTE BY THREAT MENACE 1ST OFF - F: T
S104.061 1 - BRIBERY - TO CORRUPTLY INFLUENCE VOTE SUBSQ OFF - F: S
S104.061 1 - BRIBERY - TO CORRUPTLY INFLUENCE VOTE 1ST OFF - F: T
S104.061 1 - ELECTION LAWS - INFLUENCE VOTE BY OTHER CORRUPT SUBSQ OFF - F: S
S104.061 1 - ELECTION LAWS - INFLUENCE VOTING BY OTHER CORRUPTION 1ST OFF - F: T
S104.061 2 - BRIBERY - BUY PERSONS VOTE - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. C. ADAMS E. Al W. B. L., 722 F.3d 788 (6th Cir. 2013)

. . . . § 104.061(1) (“Whoever by bribery ..., either directly or indirectly, attempts to influence ... any . . .

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

. . . Counts II & VI, respectively), in the free exercise of their right to vote, in violation of section 104.061 . . . One motion to dismiss sought a declaration that section 104.061 is unconstitutional because the term . . . Yet another motion sought a declaration that section 104.061 is unconstitutional because the terms “threat . . . The defense found no vagueness problem with “other corruption whatsoever” in section 104.061(1), so long . . . The defense reiterated its positions that “menace” in section 104.061 is vague and overbroad and that . . .

NEWS- PRESS PUBLISHING COMPANY, INC. d b a v. FIRESTONE, D., 527 So. 2d 223 (Fla. Dist. Ct. App. 1988)

. . . See e.g., § 104.061 (providing penalties for corrupt influence of electors); § 104.20 (prohibiting any . . .

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. . . .

CLEAN- UP v. C. HEINRICH,, 582 F. Supp. 125 (M.D. Fla. 1984)

. . . .-051, 104.061, 104.091, 104.185, 104.19, 104.-23 and 104.41. . . .

SHIVER, v. APALACHEE PUBLISHING COMPANY, d b a, 425 So. 2d 1173 (Fla. Dist. Ct. App. 1983)

. . . influencing the electors of Franklin County, and that this activity constituted a violation of Section 104.061 . . . Section 104.061, Florida Statutes, on its face, is confined to nonprotected, clearly criminal conduct . . .

TRUSHIN, v. STATE, 425 So. 2d 1126 (Fla. 1982)

. . . affirmed his conviction of vote buying and construed and passed on the constitutionality of subsection 104.061 . . . Trushin’s third issue alleges that subsection 104.061(2) is unconstitutionally over-broad because it . . . As for the allegation that the promisee must be a registered voter, subsection 104.061(2) speaks only . . . Support for this is found in subsection 104.061(1), where the term “elector” is used. . . . Trushin Law Offices, P.A. .§ 104.061, Fla.Stat. (1977), provides: Corruptly influencing voting.— (1) . . .

BECKWITH, E. C. D. N. W. L. v. STATE, 386 So. 2d 836 (Fla. Dist. Ct. App. 1980)

. . . crime of vote buying has been defined by a larger conscience and is codified as Florida Statutes § 104.061 . . . Section 104.061(2), Florida Statutes (1979). . . . the buyers of votes should not be prosecuted if the sellers are not (it is not a violation of Section 104.061 . . .

TRUSHIN, v. STATE, 384 So. 2d 668 (Fla. Dist. Ct. App. 1980)

. . . Trushin was found guilty of a violation of that portion of Section 104.061(2), Florida Statutes (1977 . . . a one-count information which, although captioned as one for “corruptly influencing voting under § 104.061 . . . II The Constitutionality of § 104.061(2) The defendant’s first point claims that § 104.061(2) is facially . . . Trushin’s first contention is that § 104.061(2) is void for vagueness. . . . Section 104.061, Florida Statutes (1977) provides, in its entirety: 104.061 Corruptly influencing voting . . .

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

. . . appellee with violating the following portions of the state election laws: §§ 104.041, 104.051(3), and 104.061 . . . connection with casting votes, uses the language ‘ . . . fraud in connection with any vote. . . . ’ Section 104.061 . . . as it is based on the invalidity of the ballot, we do note that appellee is charged with violating § 104.061 . . . However, examination of Count II in light of § 104.061, convinces us that the offense with which appellee . . . was charged (wrongfully withholding eight absentee ballots) does not fall within the purview of § 104.061 . . .

STATE v. GARTENMAYER,, 239 So. 2d 116 (Fla. Dist. Ct. App. 1970)

. . . the ap-pellee, charging her with the crime of corruptly influencing voting, in violation of section 104.061 . . .

J. A. MALONEY, v. R. KIRK, Jr., 212 So. 2d 609 (Fla. 1968)

. . . “Section 104.061, Florida Statutes, forbids under criminal penalties the use of ‘bribery, menace, threat . . .