Florida Statute 104.26 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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104.26 Penalty for destroying ballot or booth, etc.—Any person who wrongfully, during or before an election, removes, tears down, destroys, or defaces any ballot, booth, compartment, or other convenience provided for the purpose of enabling the elector to prepare his or her ballot, or any card for the instruction of the voter, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 8, ch. 26870, 1951; s. 46, ch. 71-136; s. 35, ch. 77-175; s. 626, ch. 95-147.

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Amendments to 104.26

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.26

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.26 - DAMAGE PROP-PUBLIC - DESTROY ETC BALLOT BOOTH DURING PRIOR ELECTION - M: F

Cases Citing Statute 104.26

Total Results: 2 | Sort by: Relevance | Newest First

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News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1988 WL 42226

...owing his ballot to be seen or endeavoring to get an elector to show how he voted and other offenses); § 104.22 (providing penalties for stealing and destroying election records); § 104.23 (providing penalties for disclosing how an elector votes); § 104.26 (providing penalties for destroying ballots or booths provided for voting)....

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News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1085, 15 Media L. Rep. (BNA) 1663, 1988 Fla. App. LEXIS 1791

penalties for disclosing how an elector votes); § 104.26 (providing penalties for destroying ballots or

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