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

§ 104.17 Voting in person after casting vote-by-mail ballot.

Overview of Statute

This statute states it is a felony of the third degree to vote or to attempt to vote in person and by a vote-by-mail ballot in the same election.


Any person who willfully votes or attempts to vote both in person and by vote-by-mail ballot at any election is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 8, ch. 26870, 1951; s. 7, ch. 65-379; s. 36, ch. 71-136; s. 35, ch. 77-175; s. 39, ch. 2016-37.
Former s. 101.11.
Annotation: February 12, 2016 12:12 am

Receiving an absentee ballot does not preclude a person from voting in person. The voter may bring the absentee ballot to the polling place and surrender it before voting in person.

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 228, Offenses in connection with voting-Illegal voting