Criminal defense
Election and Voter Fraud Charges in Miami
Election crime cases in Florida often involve ordinary people: someone who registered or voted while on felony probation, a new resident who thought they could vote, a noncitizen who was told by someone that they were eligible, or a campaign volunteer who handled forms. Most of these charges are third-degree felonies, and for noncitizens the immigration stakes can be even higher than the criminal case.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the State Must Prove
False swearing or false voter registration (s. 104.011; Fla. Std. Jury Instr. (Crim.) 31.1, Elements): the State must prove one of these:
- you willfully swore or affirmed falsely to an oath or affirmation in connection with, or arising out of, voting or elections;
- you willfully got another person to swear or affirm falsely in connection with voting or elections; or
- you willfully submitted false voter registration information.
"Willfully" means knowingly, intentionally, and purposely.
Unqualified voting (s. 104.15; Instr. 31.2, Elements):
- You willfully voted in an election.
- You were not qualified to vote in it, for a reason the court will explain.
- When you voted, you knew you were not qualified.
Noncitizen voting (s. 104.155; Instr. 31.3, Elements):
- You willfully voted in an election.
- You were not qualified because you were not a U.S. citizen.
Under this law, not knowing your citizenship status, or honestly believing you were a citizen, is not a defense.
Excessive campaign contributions (s. 106.08(7)(b); Instr. 31.4, Elements):
- You knowingly and willfully made, or accepted, two or more contributions over $3,000 in total.
- The contributions were to a candidate for statewide office.
The instruction is written for statewide races, where the limit is $3,000 per election. The statute also sets lower limits for other offices, such as $1,000 for legislative, countywide, and many local candidates. Primary and general elections count as separate elections, unless the candidate is unopposed.
Degrees and Penalties
- False swearing (s. 104.011(1)): third-degree felony, up to 5 years and a $5,000 fine.
- False voter registration information (s. 104.011(2)): third-degree felony.
- Unqualified voting (s. 104.15): third-degree felony.
- Noncitizen voting (s. 104.155(1)): third-degree felony. Since February 13, 2025, Florida has a separate noncitizen-voting crime. Aiding or soliciting a noncitizen to vote, knowing the person is not a citizen, is also a third-degree felony.
- Excessive contributions: making or accepting two or more is a third-degree felony; one is a first-degree misdemeanor (up to 1 year and a $1,000 fine). Businesses and political committees face fines of $10,000 to $50,000 for the felony version.
Note: the false-swearing law bars charges for affirming that you had no felony conviction, or that your rights were restored, if it happened between January 8, 2019 and July 1, 2019.
Common Miami Situations
- A person on felony probation who registered at the DMV or at a drive.
- A green-card holder or other noncitizen who registered after being told they could.
- A business owner who gave through several family members or companies to the same candidate.
Defense Themes
- Willfulness and knowledge. For false swearing and unqualified voting, the State must prove you acted knowingly and intentionally, and for unqualified voting, that you knew you were not qualified.
- Were you actually ineligible? Rights restoration and residency questions can be complicated.
- Who filled out the form? Third-party registration drives and agency clerks make mistakes.
- Counting contributions. Which election, which candidate, and whose money it was all matter.
- Immigration first. For noncitizens, every decision in the criminal case must account for immigration consequences.
What to Do First
- Do not speak to election investigators or police without a lawyer.
- Gather your registration records, probation or court papers, and any rights-restoration documents.
- If you are not a citizen, do not vote again and talk to both a criminal lawyer and an immigration lawyer right away.
- Call us.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
Is voting when you're not eligible always a crime?
For unqualified voting, the State must prove you knew you were not qualified. Noncitizen voting is different: not knowing your citizenship status is not a defense.
Someone told me I could register. Does that help?
It may matter for false-registration and unqualified-voting charges, which require willful conduct. It is not a defense to the noncitizen-voting charge.
Can a voting charge affect my immigration status?
It can, seriously. Talk to us and to an immigration lawyer before you say anything or accept any plea.