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

§ 104.43 Grand juries; special investigation.

Overview of Statute

This statute states the grand jury in a circuit is responsible for conducting a special investigation, at the request of a candidate or a voter, to determine whether there is a violation of the Election Code, when the grand jury convenes during a campaign before an election day. The grand jury then has the right to issue indictments upon finishing the special investigation.

Statute

The grand jury in any circuit shall, upon the request of any candidate or qualified voter, make a special investigation when it convenes during a campaign preceding any election day to determine whether there is any violation of the provisions of this code, and shall return indictments when sufficient ground is found.

History:

s. 8, ch. 26870, 1951; s. 35, ch. 77-175.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Definition [Candidate]

Any person to whom any one or more of the following applies:

(a) Any person who seeks to qualify for nomination or election by means of the petitioning process.
(b) Any person who seeks to qualify for election as a write-in candidate.
(c) Any person who receives contributions or makes expenditures, or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
(d) Any person who appoints a treasurer and designates a primary depository.
(e) Any person who files qualification papers and subscribes to a candidate’s oath as required by law.
This definition does not include any candidate for a political party executive committee. Fla. Stat. § 97.021(6).

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 209, Generally

  • Fla. Jur. 2d Juries s 297, Initiation of inquiry

  • “The Voice of the Community: A Case for Grand Jury Independence” 3 VA. J. Soc. Pol’y & L. 67