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FL · jury_instructions

Fla. Std. Jury Instr. (Crim.) 31.2

UNQUALIFIED VOTING

activein force · 2026-07-29 – presentact-effective-date

§ 104.15, Fla. Stat.

To prove the crime of Unqualified Voting, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) willfully voted in an election] [(the specific election alleged)].

2. (Defendant) was not qualified to vote in the election because (describe the applicable reason for the disqualification).

3. At the time (defendant) voted in the election, [he] [she] knew that [he] [she] was not qualified to vote.

“Willfully” means knowingly, intentionally, and purposely.

Some of these terms have their own definition in § 97.021, Fla. Stat. which should be given if requested.

“Election” means any primary election, special primary election, special election, general election, or presidential preference primary election.

The Court instructs you that under Florida law, a person is not qualified to vote if (insert reason defendant is unqualified).

Lesser Included Offense

UNQUALIFIED VOTING — 104.15

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Noncitizen Voting

104.155

29.30

Attempt

777.04(1)

5.1

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
43961c30468f37d71e69a78b06d8df0a69b038f5c84a8c15ebf8176f7598fd0d
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