§ 104.185 Petitions; knowingly signing more than once; signing another person’s name or a fictitious name.
Overview of Statute
This statute states it is a misdemeanor of the first degree to knowingly sign a petition for a candidate, a minor party, or an issue more than once. It is also a misdemeanor of the first degree to sign someone else’s name, or a false name to any petition to get ballot access for a candidate, minor party, or an issue.
(1) A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
s. 1, ch. 77-178; s. 6, ch. 91-224; s. 23, ch. 97-13.
- ballot access
- candidate methods of nomination
- petitions for nomination
- Prohibited Activities
- Signature requirements
1. Definition for Minor Political Party
Any group as specified in s. 103.095 which on January 1 preceding a primary election does not have registered as members 5 percent of the total registered electors of the state. Fla. Stat. § 97.021(19).
2. Definition for Issue
A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).
3. 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).
4. 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).
5. Definition for Candidate
Any person to whom any one or more of the following applies:
Case State: florida
Case Name: Browning v. Florida Hometown Democracy, Inc., PAC
Citation: 29 So.3d 1053
Case Summary: Browning v. Florida Hometown Democracy, Inc., PAC held that the statute establishing petition signature revocation procedures violated the citizen initiative provision of the state constitution and as such were unconstitutional, since it was neither neutral nor nondiscriminatory, nor was it necessary to ensure ballot integrity. The case further held that the state supreme court had mandatory appellate jurisdiction because the district court of appeal implemented regulations that impacted the citizen initiative process.
Case Name: Clean Up ’84 v. Heinrich
Citation: 759 F.2d 1511
Federal Circuit Court: 11th Circuit Court
Case Summary: Clean Up '84 v. Heinrich held that a Florida statute prohibiting solicitation of signatures for petitions within 100 yards of a polling place on election day was facially unconstitutionally over-broad.
Regulations & Guidance
Fla. Jur. 2d Elections s 227, Offenses in connection with voting
Lobbying, PACs, and Campaign Finance s 11:106, Special state issues
“Constitutional Law—Constitutional Interpretation—Signature Revocation Provisions Regulating the Initiative Process were Found to Violate Article XI, Section 3 of the Florida Constitution. Browning v. Fla. Hometown Democracy, Inc., 29 So.3d 1053 (Fla. 2010)” 42 Rutgers L.J. 1077