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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.295 Penalties for violation.

Overview of Statute

This statute provides an overview of the penalties for violating the voting equipment procedures outlined in previous sections of the Code. A member of a governing body who purchases or sells voting equipment in violation of ss.101.292-101.295 or who knowingly votes to purchase or sell voting equipment in violation of those code sections is guilty of a misdemeanor of the first degree and is subject to suspension from office due to malfeasance. If a vendor, CEO, or representative of voting equipment provides a voting system in violation of this chapter, he/she has committed a felony of the third degree, which is punishable as provided in ss. 775.082-665.084.

Statute

(1) Any member of a governing body which purchases or sells voting equipment in violation of the provisions of ss. 101.292101.295, which member knowingly votes to purchase or sell voting equipment in violation of the provisions of ss. 101.292101.295, 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.

(2) Any vendor, chief executive officer, or vendor representative of voting equipment who provides a voting system, voting system component, or voting system upgrade in violation of this chapter commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.

History:

s. 2, ch. 72-303; s. 18, ch. 77-175; s. 32, ch. 2005-277.

Definition [Voting System]
A method of casting and processing votes that functions wholly or partly by use of electromechanical or electronic apparatus or by use of marksense ballots and includes, but is not limited to, the procedures for casting and processing votes and the programs, operating manuals, supplies, printouts, and other software necessary for the system’s operation. Fla. Stat. § 97.021(45).
Definition [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).

Definition [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).

Definition [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

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 225, Offenses of officials connected with elections

  • Fla. Jur. 2d Elections s 227, Offenses in connection with voting