§ 101.295 Penalties for violation.
Overview of Statute
(1) Any member of a governing body which purchases or sells voting equipment in violation of the provisions of ss. 101.292–101.295, which member knowingly votes to purchase or sell voting equipment in violation of the provisions of ss. 101.292–101.295, is guilty of a misdemeanor of the first degree, punishable as provided by s. 775.082 or s. 775.083, and shall be subject to suspension from office on the grounds of malfeasance.
s. 2, ch. 72-303; s. 18, ch. 77-175; s. 32, ch. 2005-277.
- Voting Technology
1. Definition for Voting System
2. Definition for Governing Body
As used in ss. 101.292-101.295, “governing body” means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment. Fla. Stat. § 101.292(1).
3. Definition for Voting Equipment
As used in ss. 101.292-101.295, “voting equipment” means electronic or electromechanical voting systems, voting devices, and automatic tabulating equipment as defined in s. 101.5603, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems and devices, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided in s. 287.017. Fla. Stat. § 101.292(2).
4. Definition for Purchase
As used in ss. 101.292-101.295, “purchase” means a contract for the purchase, lease, rental, or other acquisition of voting equipment. Fla. Stat. § 101.292(3).
Regulations & Guidance
Fla. Jur. 2d Elections s 225, Offenses of officials connected with elections
Fla. Jur. 2d Elections s 227, Offenses in connection with voting