| 1 | Representative Randolph offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 427-507 and insert: |
| 5 | (6) A third-party voter registration organization shall |
| 6 | turn in each voter registration application received from its |
| 7 | authorized registration agents regardless of whether the third- |
| 8 | party voter registration organization believes the voter |
| 9 | registration application may be invalid or incomplete. If, when |
| 10 | submitting a voter registration application, a third-party voter |
| 11 | registration organization also submits information stating why |
| 12 | the organization believes the application may be invalid or |
| 13 | incomplete, the third-party voter registration organization |
| 14 | shall be presumed to be in compliance with this section. |
| 15 | (1) Prior to engaging in any voter registration |
| 16 | activities, a third-party voter registration organization shall |
| 17 | name a registered agent in the state and submit to the division, |
| 18 | in a form adopted by the division, the name of the registered |
| 19 | agent and the name of those individuals responsible for the day- |
| 20 | to-day operation of the third-party voter registration |
| 21 | organization, including, if applicable, the names of the |
| 22 | entity's board of directors, president, vice president, managing |
| 23 | partner, or such other individuals engaged in similar duties or |
| 24 | functions. On or before the 15th day after the end of each |
| 25 | calendar quarter, each third-party voter registration |
| 26 | organization shall submit to the division a report providing the |
| 27 | date and location of any organized voter registration drives |
| 28 | conducted by the organization in the prior calendar quarter. |
| 29 | (2) The failure to submit the information required by |
| 30 | subsection (1) does not subject the third-party voter |
| 31 | registration organization to any civil or criminal penalties for |
| 32 | such failure, and the failure to submit such information is not |
| 33 | a basis for denying such third-party voter registration |
| 34 | organization with copies of voter registration application |
| 35 | forms. |
| 36 | (3) A third-party voter registration organization that |
| 37 | collects voter registration applications serves as a fiduciary |
| 38 | to the applicant, ensuring that any voter registration |
| 39 | application entrusted to the third-party voter registration |
| 40 | organization, irrespective of party affiliation, race, |
| 41 | ethnicity, or gender shall be promptly delivered to the division |
| 42 | or the supervisor of elections. If a voter registration |
| 43 | application collected by any third-party voter registration |
| 44 | organization is not promptly delivered to the division or |
| 45 | supervisor of elections, the third-party voter registration |
| 46 | organization shall be liable for the following fines: |
| 47 | (a) A fine in the amount of $50 for each application |
| 48 | received by the division or the supervisor of elections more |
| 49 | than 10 days after the applicant delivered the completed voter |
| 50 | registration application to the third-party voter registration |
| 51 | organization or any person, entity, or agent acting on its |
| 52 | behalf. A fine in the amount of $250 for each application |
| 53 | received if the third-party registration organization or person, |
| 54 | entity, or agency acting on its behalf acted willfully. |
| 55 | (b) A fine in the amount of $100 for each application |
| 56 | collected by a third-party voter registration organization or |
| 57 | any person, entity, or agent acting on its behalf, prior to book |
| 58 | closing for any given election for federal or state office and |
| 59 | received by the division or the supervisor of elections after |
| 60 | the book closing deadline for such election. A fine in the |
| 61 | amount of $500 for each application received if the third-party |
| 62 | registration organization or person, entity, or agency acting on |
| 63 | its behalf acted willfully. |
| 64 | (c) A fine in the amount of $500 for each application |
| 65 | collected by a third-party voter registration organization or |
| 66 | any person, entity, or agent acting on its behalf, which is not |
| 67 | submitted to the division or supervisor of elections. A fine in |
| 68 | the amount of $1,000 for any application not submitted if the |
| 69 | third-party registration organization or person, entity, or |
| 70 | agency acting on its behalf acted willfully. |
| 71 |
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| 72 | The aggregate fine pursuant to this subsection which may be |
| 73 | assessed against a third-party voter registration organization, |
| 74 | including affiliate organizations, for violations committed in a |
| 75 | calendar year shall be $1,000. The fines provided in this |
| 76 | subsection shall be reduced by three-fourths in cases in which |
| 77 | the third-party voter registration organization has complied |
| 78 | with subsection (1). The secretary shall waive the fines |
| 79 | described in this subsection upon a showing that the failure to |
| 80 | deliver the voter registration application promptly is based |
| 81 | upon force majeure or impossibility of performance. |
| 82 | (7)(4)(a) The division shall adopt rules to administer |
| 83 | this section. The division shall adopt by rule a form to elicit |
| 84 | specific information concerning the facts and circumstances from |
| 85 | a person who claims to have been registered to vote by a third- |
| 86 | party voter registration organization but who does not appear as |
| 87 | an active voter on the voter registration rolls. |
| 88 | (b) The division may investigate any violation of this |
| 89 | section. Civil fines shall be assessed by the division and |
| 90 | enforced through any appropriate legal proceedings. |
| 91 | (5) The date on which an applicant signs a voter |
| 92 | registration application is presumed to be the date on which the |
| 93 | third-party voter registration organization received or |
| 94 | collected the voter registration application. |
| 95 | (8)(6) The civil fines provided in this section are in |
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| 100 | ----------------------------------------------------- |
| 101 | T I T L E A M E N D M E N T |
| 102 | Remove line 35 and insert: |
| 103 | injunction or other appropriate order; requiring submission of |
| 104 | all voter registration applications received by a third-party |
| 105 | voter registration organization; providing circumstances under |
| 106 | which a third-party voter registration organization shall be |
| 107 | deemed to be in compliance with the law when submitting voter |
| 108 | registration applications; requiring the |
| 109 |
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