(1) All citizens of this state who are otherwise qualified by law to vote at any election by the people in this state or in any district, county, city, town, municipality, school district, or other subdivision of this state shall be entitled and allowed to vote at all such elections without distinction according to race, color, or previous condition of servitude, notwithstanding any law, ordinance, regulation, custom, or usage to the contrary.
(2) No person acting under color of law shall:
(a) In determining whether any individual is qualified under law to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under law to other individuals within the same political subdivision who have been found to be qualified to vote; or
(b) Deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under law to vote in such election. This paragraph shall apply to vote-by-mail ballots only if there is a pattern or history of discrimination on the basis of race, color, or previous condition of servitude in regard to vote-by-mail ballots.
(3) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or not to vote as that person may choose, or for the purpose of causing such other person to vote for, or not vote for, any candidate for any office at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate.
(4) No voting qualification or prerequisite to voting, and no standard, practice, or procedure, shall be imposed or applied by any political subdivision of this state to deny or abridge the right of any citizen to vote on account of race or color.
(5) Any person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 82-59; s. 26, ch. 83-217; s. 5, ch. 91-224; s. 615, ch. 95-147; s. 28, ch. 98-129; s. 37, ch. 2016-37.
Structure Florida Statutes
Title IX - Electors and Elections
Chapter 104 - Election Code: Violations; Penalties
104.013 - Unauthorized Use, Possession, or Destruction of Voter Information Card.
104.031 - False Declaration to Secure Assistance in Preparing Ballot.
104.041 - Fraud in Connection With Casting Vote.
104.047 - Vote-by-Mail Ballots and Voting; Violations.
104.051 - Violations; Neglect of Duty; Corrupt Practices.
104.0515 - Voting Rights; Deprivation Of, or Interference With, Prohibited; Penalty.
104.061 - Corruptly Influencing Voting.
104.0615 - Voter Intimidation or Suppression Prohibited; Criminal Penalties.
104.0616 - Vote-by-Mail Ballots and Voting; Violations.
104.071 - Remuneration by Candidate for Services, Support, etc.; Penalty.
104.081 - Threats of Employers to Control Votes of Employees.
104.091 - Aiding, Abetting, Advising, or Conspiring in Violation of the Code.
104.101 - Failure to Assist Officers at Polls.
104.11 - Neglect of Duty by Sheriff or Other Officer.
104.13 - Intermingling Ballots.
104.15 - Unqualified Electors Willfully Voting.
104.16 - Voting Fraudulent Ballot.
104.17 - Voting in Person After Casting Vote-by-Mail Ballot.
104.18 - Casting More Than One Ballot at Any Election.
104.186 - Initiative Petitions; Violations.
104.187 - Initiative Petitions; Registration.
104.19 - Using Stickers or Rubber Stamps or Carrying Certain Items in Voting Booth; Penalty.
104.20 - Ballot Not to Be Seen, and Other Offenses.
104.21 - Changing Electors’ Ballots.
104.22 - Stealing and Destroying Records, etc., of Election.
104.23 - Disclosing How Elector Votes.
104.24 - Penalty for Assuming Name.
104.26 - Penalty for Destroying Ballot or Booth, Etc.
104.2715 - False Representations of Military Service; Penalty.
104.29 - Inspectors Refusing to Allow Watchers While Ballots Are Counted.
104.30 - Voting System; Unlawful Possession; Tampering.
104.31 - Political Activities of State, County, and Municipal Officers and Employees.
104.32 - Supervisor of Elections; Delivery of Books to Successor.
104.39 - Witnesses as to Violations.
104.41 - Violations Not Otherwise Provided For.
104.42 - Fraudulent Registration and Illegal Voting; Investigation.