Code Section
Florida > The Florida Election Code > Election Code: Violations; Penalties

§ 104.0616 Vote-by-mail ballots and voting; violations.

Overview of Statute

This statute states it is a misdemeanor of the first degree to provide and accept a benefit in exchange for distributing more than two vote-by-mail ballots per election, in addition to one’s own ballot or a ballot belonging to an immediate family member. The statute defines immediate family member as a spouse, parent, child, grandparent, or sibling of an individual or the individual’s spouse.


(1) For purposes of this section, the term “immediate family” means a person’s spouse or the parent, child, grandparent, or sibling of the person or the person’s spouse.

(2) Any person who provides or offers to provide, and any person who accepts, a pecuniary or other benefit in exchange for distributing, ordering, requesting, collecting, delivering, or otherwise physically possessing more than two vote-by-mail ballots per election in addition to his or her own ballot or a ballot belonging to an immediate family member, except as provided in ss. 101.6105101.694, commits a misdemeanor of the first degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.


s. 53, ch. 2005-278; s. 21, ch. 2013-57; s. 8, ch. 2014-17; s. 38, ch. 2016-37.
Definition [Ballot]

As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).

Definition [Person]

An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 230, Theft, destruction, alteration, or wrongful possession or handling of ballots and election equipment and records