§ 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.
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.
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 228, Offenses in connection with voting-Illegal voting