§ 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.
(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. 101.6105–101.694, commits a misdemeanor of the first degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
1. Definition for 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).
2. Definition for 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).
3. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
Fla. Jur. 2d Elections s 230, Theft, destruction, alteration, or wrongful possession or handling of ballots and election equipment and records