Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 90
Ì869832?Î869832
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/14/2021 .
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The Committee on Rules (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (t) of subsection (2) of section
6 97.052, Florida Statutes, is amended to read:
7 97.052 Uniform statewide voter registration application.—
8 (2) The uniform statewide voter registration application
9 must be designed to elicit the following information from the
10 applicant:
11 (t)1. Whether the applicant has never been convicted of a
12 felony and, if convicted, has had his or her voting rights
13 restored by including the statement “I affirm I have never been
14 convicted of a felony or, if I have been, my rights relating to
15 voting have been restored.” and providing a box for the
16 applicant to check to affirm the statement.
17 2. Whether the applicant has been convicted of a felony,
18 and if convicted, has had his or her civil rights restored
19 through executive clemency, by including the statement “If I
20 have been convicted of a felony, I affirm my voting rights have
21 been restored by the Board of Executive Clemency.” and providing
22 a box for the applicant to check to affirm the statement.
23 3. Whether the applicant has been convicted of a felony
24 and, if convicted, has had his or her voting rights restored
25 pursuant s. 4, Art. VI of the State Constitution, by including
26 the statement “If I have been convicted of a felony, I affirm my
27 voting rights have been restored pursuant to s. 4, Art. VI of
28 the State Constitution upon the completion of all terms of my
29 sentence, including parole or probation.” and providing a box
30 for the applicant to check to affirm the statement.
31 Section 2. Effective July 1, 2022, section 97.0525, Florida
32 Statutes, is amended to read:
33 97.0525 Online voter registration.—
34 (1) Beginning October 1, 2017, An applicant may submit an
35 online voter registration application using the procedures set
36 forth in this section.
37 (2) The division shall establish and maintain a secure
38 Internet website that safeguards an applicant’s information to
39 ensure data integrity and permits an applicant to:
40 (a) Submit a voter registration application, including
41 first-time voter registration applications and updates to
42 current voter registration records.
43 (b) Submit information necessary to establish an
44 applicant’s eligibility to vote, pursuant to s. 97.041, which
45 includes the information required for the uniform statewide
46 voter registration application pursuant to s. 97.052(2).
47 (c) Swear to the oath required pursuant to s. 97.051.
48 (3)(a) The online voter registration system must shall
49 comply with the information technology security provisions of s.
50 282.318 and must shall use a unique identifier for each
51 applicant to prevent unauthorized persons from altering a
52 voter’s registration information. For an applicant to update his
53 or her voter registration record, he or she must provide his or
54 her date of birth and either his or her Florida driver license
55 number or the identification number from a Florida
56 identification card issued under s. 322.051 or the last four
57 digits of the his or her social security number if the applicant
58 has not been issued a Florida driver license or identification
59 card.
60 (b) The division shall conduct a comprehensive risk
61 assessment of the online voter registration system before making
62 the system publicly available and every 2 years thereafter. The
63 comprehensive risk assessment must comply with the risk
64 assessment methodology developed by the Department of Management
65 Services for identifying security risks, determining the
66 magnitude of such risks, and identifying areas that require
67 safeguards. In addition, the comprehensive risk assessment must
68 incorporate all of the following:
69 1. Load testing and stress testing to ensure that the
70 online voter registration system has sufficient capacity to
71 accommodate foreseeable use, including during periods of high
72 volume of website users in the week immediately preceding the
73 book-closing deadline for an election.
74 2. Screening of computers and networks used to support the
75 online voter registration system for malware and other
76 vulnerabilities.
77 3. Evaluation of database infrastructure, including
78 software and operating systems, in order to fortify defenses
79 against cyberattacks.
80 4. Identification of any anticipated threats to the
81 security and integrity of data collected, maintained, received,
82 or transmitted by the online voter registration system.
83 (4)(a) In order to submit a voter registration application
84 through the online voter registration system, an applicant must
85 provide his or her Florida driver license number or the
86 identification number from a Florida identification card issued
87 under s. 322.051; or if an applicant has not been issued a
88 Florida driver license or Florida identification card, he or she
89 must provide the last four digits of the applicant’s social
90 security number.
91 (b)1. If the applicant has submitted his or her Florida
92 driver license number or the identification number from a
93 Florida identification card with a voter registration
94 application, the online voter registration system shall compare
95 the Florida driver license number or Florida identification
96 number submitted pursuant to s. 97.052(2)(n) with information
97 maintained by the Department of Highway Safety and Motor
98 Vehicles to confirm that the name and date of birth on the
99 application are consistent with the records of the Department of
100 Highway Safety and Motor Vehicles.
101 2.(b) If the applicant’s name and date of birth are
102 consistent with the records of the Department of Highway Safety
103 and Motor Vehicles, the online voter registration system shall
104 transmit, using the statewide voter registration system
105 maintained pursuant to s. 98.035, the applicant’s registration
106 application, along with the digital signature of the applicant
107 on file with the Department of Highway Safety and Motor
108 Vehicles, to the supervisor of elections. The applicant’s
109 digital signature satisfies the signature requirement of s.
110 97.052(2)(q).
111 (c)1. If the applicant has submitted the last four digits
112 of his or her social security number, the online voter
113 registration system must verify the last four digits of the
114 social security number in accordance with s. 97.053(6). The
115 applicant must also provide an electronic image of his or her
116 signature. The division shall adopt rules to authorize a secure
117 method for an applicant to upload or otherwise provide a high
118 quality electronic image of his or her signature through the
119 online voter registration system.
120 2. If the last four digits of the applicant’s social
121 security number are verified pursuant to s. 97.053(6), the
122 online voter registration system shall transmit, using the
123 statewide voter registration system maintained pursuant to s.
124 98.035, the applicant’s registration application, along with the
125 electronic image of the applicant’s signature provided pursuant
126 to subparagraph 1., to the supervisor of elections. The
127 electronic image of the applicant’s signature satisfies the
128 signature requirement of s. 97.052(2)(q).
129 (d) If the applicant’s name and date of birth cannot be
130 verified by the records of the Department of Highway Safety and
131 Motor Vehicles, or if the last four digits of the applicant’s
132 social security number cannot be verified applicant indicated
133 that he or she has not been issued a Florida driver license or
134 Florida identification card, the online voter registration
135 system shall populate the applicant’s information into a
136 printable voter registration application pursuant to s.
137 97.052(2) and direct the applicant to print, sign, and date the
138 application and deliver the application to the supervisor of
139 elections for disposition pursuant to s. 97.073.
140 (5) Upon submission of a completed online voter
141 registration application, the website must generate an immediate
142 electronic confirmation that the supervisor of elections has
143 received the application and provide instructions regarding the
144 ability of a registrant to check the status of the application
145 thereafter.
146 (6) Except as otherwise provided in this section, the
147 supervisor of elections shall process the application pursuant
148 to s. 97.053.
149 (7) The division shall develop an application programming
150 interface that allows approved and registered third-party voter
151 registration organizations to securely collect and submit voter
152 registration applications electronically through the
153 organization’s application or website.
154 (8) The online voter registration system must conform to
155 nationally accepted standards for accessibility for individuals
156 with disabilities, including s. 508 of the Rehabilitation Act of
157 1973, s. 255 of the Telecommunications Act of 1996, and the Web
158 Content Accessibility Guidelines of the World Wide Web
159 Consortium, to ensure equal access for voters with disabilities.
160 (9)(8) A legal distinction may not be made between online
161 voter registration under this section and voter registration in
162 person, by mail, or by other methods provided by general law.
163 Section 3. Paragraph (a) of subsection (5) of section
164 97.053, Florida Statutes, is amended to read:
165 97.053 Acceptance of voter registration applications.—
166 (5)(a) A voter registration application is complete if it
167 contains the following information necessary to establish the
168 applicant’s eligibility pursuant to s. 97.041, including:
169 1. The applicant’s name.
170 2. The applicant’s address of legal residence, including a
171 distinguishing apartment, suite, lot, room, or dormitory room
172 number or other identifier, if appropriate. Failure to include a
173 distinguishing apartment, suite, lot, room, or dormitory room or
174 other identifier on a voter registration application does not
175 impact a voter’s eligibility to register to vote or cast a
176 ballot, and such an omission may not serve as the basis for a
177 challenge to a voter’s eligibility or reason to not count a
178 ballot.
179 3. The applicant’s date of birth.
180 4. A mark in the checkbox affirming that the applicant is a
181 citizen of the United States.
182 5.a. The applicant’s current and valid Florida driver
183 license number or the identification number from a Florida
184 identification card issued under s. 322.051, or
185 b. If the applicant has not been issued a current and valid
186 Florida driver license or a Florida identification card, the
187 last four digits of the applicant’s social security number.
188
189 In case an applicant has not been issued a current and valid
190 Florida driver license, Florida identification card, or social
191 security number, the applicant shall affirm this fact in the
192 manner prescribed in the uniform statewide voter registration
193 application.
194 6. A mark in the applicable checkbox affirming that the
195 applicant has not been convicted of a felony or that, if
196 convicted, has had his or her civil rights restored through
197 executive clemency, or has had his or her voting rights restored
198 pursuant to s. 4, Art. VI of the State Constitution.
199 7. A mark in the checkbox affirming that the applicant has
200 not been adjudicated mentally incapacitated with respect to
201 voting or that, if so adjudicated, has had his or her right to
202 vote restored.
203 8. The original signature, an electronic image of a
204 signature transmitted pursuant to s. 97.0525(4)(c), or a digital
205 signature transmitted by the Department of Highway Safety and
206 Motor Vehicles of the applicant swearing or affirming under the
207 penalty for false swearing pursuant to s. 104.011 that the
208 information contained in the registration application is true
209 and subscribing to the oath required by s. 3, Art. VI of the
210 State Constitution and s. 97.051.
211 Section 4. Effective July 1, 2022, present subsections (4)
212 through (12) of section 97.057, Florida Statutes, are
213 redesignated as subsections (5) through (13), respectively, a
214 new subsection (4) and subsection (14) are added to that
215 section, and subsections (1) and (2) of that section are
216 amended, to read:
217 97.057 Voter registration by the Department of Highway
218 Safety and Motor Vehicles.—
219 (1) The Department of Highway Safety and Motor Vehicles
220 shall provide the opportunity to register to vote or to update a
221 voter registration record to each individual who is not
222 registered to vote in this state who comes to an office of that
223 department to:
224 (a) Apply for or renew a driver license;
225 (b) Apply for or renew an identification card pursuant to
226 chapter 322; or
227 (c) Change an address on an existing driver license or
228 identification card.
229 (2) The Department of Highway Safety and Motor Vehicles
230 shall:
231 (a) Notify each individual subject to subsection (1),
232 orally or in writing, that:
233 1. Information gathered for the completion of a driver
234 license or identification card application, renewal, or change
235 of address can be automatically transferred to a voter
236 registration application;
237 2. If additional information and a signature are provided,
238 the voter registration application will be completed and sent to
239 the proper election authority;
240 3. Information provided can also be used to update a voter
241 registration record;
242 4. All declinations will remain confidential and may be
243 used only for voter registration purposes; and
244 4.5. The particular driver license office in which the
245 person applies to register to vote or updates a voter
246 registration record will remain confidential and may be used
247 only for voter registration purposes.
248 (b) Require a driver license examiner to inquire orally or,
249 if the applicant is hearing impaired, inquire in writing whether
250 the applicant wishes to register to vote or update a voter
251 registration record during the completion of a driver license or
252 identification card application, renewal, or change of address.
253 1. If the applicant chooses to register to vote or to
254 update a voter registration record:
255 a. All applicable information received by the Department of
256 Highway Safety and Motor Vehicles in the course of filling out
257 the forms necessary under subsection (1) must be transferred to
258 a voter registration application.
259 b. The additional necessary information must be obtained by
260 the driver license examiner and must not duplicate any
261 information already obtained while completing the forms required
262 under subsection (1).
263 c. A voter registration application with all of the
264 applicant’s voter registration information required to establish
265 the applicant’s eligibility pursuant to s. 97.041 must be
266 presented to the applicant to review and verify the voter
267 registration information received and provide an electronic
268 signature affirming the accuracy of the information provided.
269 2. If the applicant declines to register to vote, update
270 the applicant’s voter registration record, or change the
271 applicant’s address by either orally declining or by failing to
272 sign the voter registration application, the Department of
273 Highway Safety and Motor Vehicles must note such declination on
274 its records and shall forward the declination to the statewide
275 voter registration system.
276 (4) If a registered or preregistered voter submits a change
277 of address to the Department of Highway Safety and Motor
278 Vehicles, or supplies an address of legal residence as part of a
279 driver license or identification card application or renewal
280 which differs from the address in the person’s voter
281 registration record, the Department of Highway Safety and Motor
282 Vehicles must electronically transmit within 24 hours after
283 receipt the information necessary to update the person’s voter
284 registration record to the statewide voter registration system.
285 The person’s voter registration shall be updated in accordance
286 with s. 98.065(4)(a).
287 (14) The Department of Highway Safety and Motor Vehicles
288 and the Department of State shall prescribe a method by which a
289 driver license office, upon obtaining a person’s full name, date
290 of birth, driver license or state identification number, address
291 of legal residence, and mailing address if different from the
292 address of legal residence, may immediately use the information
293 in the statewide voter registration system to determine whether
294 the person is registered or preregistered to vote in this state
295 and, if so, whether the person is registered or preregistered at
296 the address of legal residence the person provided to the
297 Department of Highway Safety and Motor Vehicles.
298 Section 5. Effective July 1, 2022, present subsections (3)
299 through (7) of section 97.0575, Florida Statutes, are
300 redesignated as subsections (4) through (8), respectively, a new
301 subsection (3) is added to that section, and paragraph (b) of
302 present subsection (3) of that section is amended, to read:
303 97.0575 Third-party voter registrations.—
304 (3) Upon application by a registered third-party voter
305 registration organization and approval by the Secretary of
306 State, a third-party voter registration organization may use the
307 application programming interface established pursuant to s.
308 97.0525(7) to securely collect and submit voter registration
309 applications electronically through the organization’s
310 application or website. The division shall adopt rules governing
311 testing requirements and security standards for application
312 programming interfaces. A third-party voter registration
313 organization’s application or website may not be denied so long
314 as it satisfies all testing requirements and security standards
315 prescribed by rule.
316 (4)(3)
317 (b) A showing by the third-party voter registration
318 organization that the failure to deliver the voter registration
319 application within the required timeframe is based upon force
320 majeure, a network outage, or impossibility of performance shall
321 be an affirmative defense to a violation of this subsection. The
322 secretary may waive the fines described in this subsection upon
323 a showing that the failure to deliver the voter registration
324 application promptly is based upon force majeure, a network
325 outage, or impossibility of performance.
326 Section 6. Paragraphs (d), (e), and (f) of subsection (1)
327 of section 97.0585, Florida Statutes, are amended to read:
328 97.0585 Public records exemption; information regarding
329 voters and voter registration; confidentiality.—
330 (1) The following information held by an agency, as defined
331 in s. 119.011, and obtained for the purpose of voter
332 registration is confidential and exempt from s. 119.07(1) and s.
333 24(a), Art. I of the State Constitution and may be used only for
334 purposes of voter registration:
335 (d) Information related to a voter registration applicant’s
336 or voter’s prior felony conviction and whether such person has
337 had his or her voting rights restored by the Board of Executive
338 Clemency or pursuant to s. 4, Art. VI of the State Constitution.
339 (e) All information concerning preregistered voter
340 registration applicants who are 16 or 17 years of age.
341 (e)(f) Paragraph (d) is Paragraphs (d) and (e) are subject
342 to the Open Government Sunset Review Act in accordance with s.
343 119.15 and shall stand repealed on October 2, 2024, unless
344 reviewed and saved from repeal through reenactment by the
345 Legislature.
346 Section 7. Effective July 1, 2022, paragraph (a) of
347 subsection (1) of section 97.1031, Florida Statutes, is amended
348 to read:
349 97.1031 Notice of change of residence, change of name, or
350 change of party affiliation.—
351 (1)(a) Not including changes of address processed by the
352 Department of Highway Safety and Motor Vehicles as provided in
353 s. 97.057(4) when an elector changes his or her residence
354 address, the elector must notify the supervisor of elections
355 when changing his or her residence address. Except as provided
356 in paragraph (b) and s. 97.057(4), an address change must be
357 submitted using a voter registration application.
358 Section 8. Effective July 1, 2022, paragraph (b) of
359 subsection (4) of section 98.045, Florida Statutes, is amended
360 to read:
361 98.045 Administration of voter registration.—
362 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
363 STREET ADDRESSES.—
364 (b) The department shall make the statewide database of
365 valid street addresses available to the Department of Highway
366 Safety and Motor Vehicles as provided in s. 97.057(11) s.
367 97.057(10). The Department of Highway Safety and Motor Vehicles
368 shall use the database for purposes of validating the legal
369 residential addresses provided in voter registration
370 applications received by the Department of Highway Safety and
371 Motor Vehicles.
372 Section 9. Effective July 1, 2022, paragraph (a) of
373 subsection (4) and subsection (5) of section 98.065, Florida
374 Statutes, are amended to read:
375 98.065 Registration list maintenance programs.—
376 (4)(a) If the supervisor receives change-of-address
377 information pursuant to the activities conducted in subsection
378 (2), from jury notices signed by the voter and returned to the
379 courts, from the Department of Highway Safety and Motor Vehicles
380 pursuant to s. 97.057(4), or from other sources which indicates
381 that a registered voter’s legal residence might have changed to
382 another location within the state, the supervisor must change
383 the registration records to reflect the new address and must
384 send the voter an address change notice as provided in s.
385 98.0655(2).
386 (5) Not including address changes processed in accordance
387 with s. 97.057(4), a notice may not be issued pursuant to this
388 section and a voter’s name may not be removed from the statewide
389 voter registration system later than 90 days before prior to the
390 date of a federal election. However, this section does not
391 preclude the removal of the name of a voter from the statewide
392 voter registration system at any time upon the voter’s written
393 request, by reason of the voter’s death, or upon a determination
394 of the voter’s ineligibility as provided in s. 98.075(7).
395 Section 10. Effective July 1, 2022, subsection (2) of
396 section 98.0655, Florida Statutes, is amended to read:
397 98.0655 Registration list maintenance forms.—The department
398 shall prescribe registration list maintenance forms to be used
399 by the supervisors which must include:
400 (2) An address change notice that must be sent to the newly
401 recorded address of legal residence by forwardable mail,
402 including a postage prepaid, preaddressed return form with which
403 the voter may verify or correct the voter’s new address
404 information. If the voter returns the address change notice and
405 indicates that the newly recorded address of legal residence is
406 incorrect, the supervisor must correct the voter’s address
407 information in his or her voter registration record to reflect
408 the correct address of legal residence.
409 Section 11. Present subsections (4) and (5) of section
410 98.0981, Florida Statutes, are redesignated as subsections (5)
411 and (6), respectively, and paragraph (d) is added to subsection
412 (2) and a new subsection (4) is added to that section, to read:
413 98.0981 Reports; voting history; statewide voter
414 registration system information; precinct-level election
415 results; book closing statistics; live turnout data.—
416 (2) PRECINCT-LEVEL ELECTION RESULTS.—
417 (d) Supervisors of elections shall publish the precinct
418 level election results compiled pursuant to this subsection on
419 their respective websites as the data becomes available.
420 Supervisors must post the unofficial precinct-level results
421 until the certified results are available. The webpage including
422 the data must include a clear and conspicuous disclaimer in bold
423 type stating at what time the precinct-level data was aggregated
424 and that the data is subject to change.
425 (4) LIVE TURNOUT DATA.—Supervisors of elections shall make
426 live voter turnout data on election day, updated in real time,
427 available on their respective websites. The supervisors shall
428 transmit the live turnout data to the division, which must
429 create and maintain a real-time statewide turnout dashboard that
430 is available for viewing by the public on its website as the
431 data becomes available.
432 Section 12. Paragraphs (b) and (c) of subsection (1) of
433 section 101.043, Florida Statutes, are amended to read:
434 101.043 Identification required at polls.—
435 (1)
436 (b) If the picture identification does not contain the
437 signature of the elector, an additional identification that
438 provides the elector’s signature shall be required. The address
439 appearing on the identification presented by the elector may not
440 be used as the basis to confirm an elector’s legal residence or
441 otherwise challenge an elector’s legal residence. The elector
442 shall sign his or her name in the space provided on the precinct
443 register or on an electronic device provided for recording the
444 elector’s signature. The clerk or inspector shall compare the
445 signature with that on the identification provided by the
446 elector and enter his or her initials in the space provided on
447 the precinct register or on an electronic device provided for
448 that purpose and allow the elector to vote if the clerk or
449 inspector is satisfied as to the identity of the elector.
450 (c) When an elector presents his or her picture
451 identification to the clerk or inspector and the elector’s
452 address on the picture identification matches the elector’s
453 address in the supervisor’s records, the elector may not be
454 asked to provide additional information or to recite his or her
455 home address.
456 Section 13. Subsections (2) and (5) of section 101.051,
457 Florida Statutes, are amended to read:
458 101.051 Electors seeking assistance in casting ballots;
459 oath to be executed; forms to be furnished.—
460 (2) It is unlawful for any person to be in the voting booth
461 with any elector except as provided in subsection (1). A person
462 at a polling place or an early voting site, or within 150 100
463 feet of the entrance of a polling place or an early voting site,
464 may not solicit any elector in an effort to provide assistance
465 to vote pursuant to subsection (1). Any person who violates this
466 subsection commits a misdemeanor of the first degree, punishable
467 as provided in s. 775.082 or s. 775.083.
468 (5) If an elector needing assistance requests that a person
469 other than an election official provide him or her with
470 assistance in voting, the clerk or one of the inspectors shall
471 require the person providing assistance to take the following
472 oath:
473
474 DECLARATION TO PROVIDE ASSISTANCE
475
476 State of Florida
477 County of ....
478 Date ....
479 Precinct ....
480
481 I, ...(Print name)..., have been requested by ...(print
482 name of elector needing assistance)... to provide him or her
483 with assistance to vote. I swear or affirm that I am not the
484 employer, an agent of the employer, or an officer or agent of
485 the union of the voter and that I have not solicited this voter
486 at the polling place or early voting site or within 150 100 feet
487 of such locations in an effort to provide assistance.
488
489 ...(Signature of assistor)...
490
491 Sworn and subscribed to before me this .... day of ....,
492 ...(year)....
493
494 ...(Signature of Official Administering Oath)...
495
496 Section 14. Subsections (1), (2), and (5) of section
497 101.131, Florida Statutes, are amended to read:
498 101.131 Watchers at polls.—
499 (1) Each political party and each candidate may have one
500 watcher in each polling room or early voting area at any one
501 time during the election. A political committee formed for the
502 specific purpose of expressly advocating the passage or defeat
503 of an issue on the ballot may have one watcher for each polling
504 room or early voting area at any one time during the election. A
505 No watcher may not shall be permitted to come closer to the
506 officials’ table or the voting booths than is reasonably
507 necessary to properly perform his or her functions, but is each
508 shall be allowed within the polling room or early voting area to
509 watch and observe the conduct of electors and officials. The
510 poll watchers shall furnish their own materials and necessities
511 and may shall not obstruct the orderly conduct of any election.
512 The poll watchers shall pose any questions regarding polling
513 place procedures directly to the clerk for resolution. They may
514 not interact with voters in the polling place, polling room,
515 early voting area, or no-solicitation zone prescribed in s.
516 102.031. Each poll watcher must either shall be a qualified and
517 registered elector of the county in which he or she serves or a
518 member in good standing of The Florida Bar and a qualified and
519 registered elector of this state.
520 (2) Each party, each political committee, and each
521 candidate requesting to have poll watchers shall designate, in
522 writing to the supervisors of elections, on a form prescribed by
523 the division, before noon of the second Tuesday preceding the
524 election poll watchers for each polling room on election day.
525 Designations of poll watchers for early voting areas must shall
526 be submitted in writing to the supervisor of elections, on a
527 form prescribed by the division, before noon at least 14 days
528 before early voting begins. If the deadline for submitting the
529 designation form falls on a Saturday, Sunday, or holiday, the
530 form must be submitted before noon on the next business day. The
531 poll watchers for polling rooms must shall be approved by the
532 supervisor of elections on or before the Tuesday before the
533 election. Poll watchers for early voting areas must shall be
534 approved by the supervisor of elections no later than 7 days
535 before early voting begins. The supervisor shall furnish to each
536 election board a list of the poll watchers designated and
537 approved for such polling rooms or early voting areas.
538 Designation of poll watchers shall be made by the chair of the
539 county executive committee of a political party, the chair of a
540 political committee, or the candidate requesting to have poll
541 watchers.
542 (5) The supervisor of elections shall provide to each
543 designated poll watcher an, no later than 7 days before early
544 voting begins, a poll watcher identification badge that
545 identifies the poll watcher by name. Each poll watcher must wear
546 his or her identification badge while in the polling room or
547 early voting area.
548 Section 15. Paragraph (a) of subsection (4) of section
549 101.5614, Florida Statutes, is amended to read:
550 101.5614 Canvass of returns.—
551 (4)(a) If any vote-by-mail ballot is physically damaged so
552 that it cannot properly be counted by the voting system’s
553 automatic tabulating equipment, a true duplicate copy shall be
554 made of the damaged ballot in the presence of witnesses and
555 substituted for the damaged ballot. Likewise, A duplicate ballot
556 must also shall be made of a vote-by-mail ballot containing an
557 overvoted race or a marked vote-by-mail ballot in which every
558 race is undervoted, including which shall include all valid
559 votes as determined by the canvassing board based on rules
560 adopted by the division pursuant to s. 102.166(4). Upon request,
561 a physically present candidate, a political party official, a
562 political committee official, or an authorized designee thereof,
563 must be allowed to observe the duplication of ballots. All
564 duplicate ballots shall be clearly labeled “duplicate,” bear a
565 serial number that which shall be recorded on the defective
566 ballot, and be counted in lieu of the defective ballot. After a
567 ballot has been duplicated, the defective ballot shall be placed
568 in an envelope provided for that purpose, and the duplicate
569 ballot shall be tallied with the other ballots for that
570 precinct.
571 Section 16. Section 101.5617, Florida Statutes, is created
572 to read:
573 101.5617 Electronic poll book approval.—
574 (1) Beginning with the 2022 primary election and each
575 election thereafter, an electronic poll book may not be used as
576 a precinct register unless it is approved for such use by the
577 department.
578 (2) The department shall adopt rules for the approval of an
579 electronic poll book which provide that the electronic poll
580 book, at a minimum, must:
581 (a) Be secure from unauthorized intrusion.
582 (b) Contain all information required to be included in a
583 precinct register under s. 98.461(2).
584 (c) Be compatible with the statewide voter registration
585 system and securely transmit changes to a voter’s voting history
586 to the voter registration system.
587 (d) Be compatible with a form or device provided by the
588 supervisor to capture an elector’s signature in accordance with
589 s. 101.5608(1).
590 Section 17. Subsection (1) of section 101.6103, Florida
591 Statutes, is amended to read:
592 101.6103 Mail ballot election procedure.—
593 (1) Except as otherwise provided in subsection (7), the
594 supervisor of elections shall mail all official ballots with a
595 secrecy envelope, a return mailing envelope, and instructions
596 sufficient to describe the voting process to each elector
597 entitled to vote in the election between not sooner than the
598 40th and 33rd days 20th day before the election but no and not
599 later than the 10th day before the date of the election. All
600 such ballots shall be mailed by first-class mail. Ballots shall
601 be addressed to each elector at the address appearing in the
602 registration records and placed in an envelope that which is
603 prominently marked “Do Not Forward.”
604 Section 18. Paragraph (e) of subsection (4) of section
605 102.031, Florida Statutes, is amended to read:
606 102.031 Maintenance of good order at polls; authorities;
607 persons allowed in polling rooms and early voting areas;
608 unlawful solicitation of voters.—
609 (4)
610 (e) The owner, operator, or lessee of the property on which
611 a polling place or an early voting site is located, or an agent
612 or employee thereof, may not prohibit the solicitation of voters
613 by any candidate or a candidate’s designee outside of the no
614 solicitation zone during polling hours.
615 Section 19. Subsection (4) of section 103.091, Florida
616 Statutes, is amended to read:
617 103.091 Political parties.—
618 (4) Any political party other than a minor political party
619 may by rule provide for the membership of its state or county
620 executive committee to be elected for 4-year terms at the
621 primary election in each year a presidential election is held.
622 The terms begin shall commence on the first day of the month
623 following each presidential general election,; but the names of
624 candidates for political party offices may shall not be placed
625 on the ballot at any other election. The results of such
626 election shall be determined by a plurality of the votes cast.
627 In such event, electors seeking to qualify for such office shall
628 do so with the Department of State or supervisor of elections no
629 not earlier than noon of the 71st day, or later than noon of the
630 67th day, preceding the primary election. Notwithstanding the
631 qualifying period prescribed in this subsection, a qualifying
632 office may accept and hold qualifying papers submitted no
633 earlier than 14 days before the beginning of the qualifying
634 period, to be processed and filed during the qualifying period.
635 The outgoing chair of each county executive committee shall,
636 within 30 days after the committee members take office, hold an
637 organizational meeting of all newly elected members for the
638 purpose of electing officers. The chair of each state executive
639 committee shall, within 60 days after the committee members take
640 office, hold an organizational meeting of all newly elected
641 members for the purpose of electing officers.
642 Section 20. Paragraph (a) of subsection (1) of section
643 106.08, Florida Statutes, is amended, and subsection (11) is
644 added to that section, to read:
645 106.08 Contributions; limitations on; preemption.—
646 (1)(a) Except for political parties or affiliated party
647 committees, no person or political committee may, in any
648 election, make contributions in excess of the following amounts:
649 1. To a candidate for statewide office or for retention as
650 a justice of the Supreme Court, $3,000. Candidates for the
651 offices of Governor and Lieutenant Governor on the same ticket
652 are considered a single candidate for the purpose of this
653 section.
654 2. To a candidate for retention as a judge of a district
655 court of appeal; a candidate for legislative office; a candidate
656 for multicounty office; a candidate for countywide office or in
657 any election conducted on less than a countywide basis; or a
658 candidate for county court judge or circuit judge, $1,000.
659
660 Effective January 1, 2025, and every 5 years thereafter, the
661 division shall adjust the contribution limits established in
662 subparagraphs 1. and 2. in an amount equal to the total of the
663 annual increases for the preceding 5-year period in the Consumer
664 Price Index for All Urban Consumers, U.S. City Average, All
665 Items. The division shall round each adjusted amount to the
666 nearest hundredth. Following each adjustment, the division shall
667 publish the revised contribution limits on its website.
668 (11)(a) A county, a municipality, or any other local
669 governmental entity is expressly preempted from enacting or
670 adopting:
671 1. Contribution limits that differ from the limitations
672 established in subsection (1);
673 2. Any limitation or restriction involving contributions to
674 a political committee or an electioneering communications
675 organization; or
676 3. Any limitation or restriction on expenditures for an
677 electioneering communication or an independent expenditure.
678 (b) Any existing or future limitation or restriction
679 enacted or adopted by a county, a municipality, or any other
680 local governmental entity which is in conflict with this
681 subsection is void.
682 Section 21. Except as otherwise expressly provided in this
683 act, this act shall take effect October 1, 2021.
684
685 ================= T I T L E A M E N D M E N T ================
686 And the title is amended as follows:
687 Delete everything before the enacting clause
688 and insert:
689 A bill to be entitled
690 An act relating to elections; amending s. 97.052,
691 F.S.; revising requirements for the uniform statewide
692 voter registration application; amending s. 97.0525,
693 F.S.; authorizing an applicant to submit an online
694 voter registration application using the last four
695 digits of the applicant’s social security number;
696 specifying additional requirements for comprehensive
697 risk assessments of the online voter registration
698 system; prescribing procedures for applicants who
699 submit an application using the last four digits of
700 their social security numbers; requiring the Division
701 of Elections to adopt certain rules governing
702 electronic images of applicants’ signatures; requiring
703 the online voter registration system to populate a
704 printable application with an applicant’s information
705 if the last four digits of his or her social security
706 number cannot be verified; requiring the division to
707 develop an application programming interface for use
708 by third-party voter registration organizations;
709 amending s. 97.053, F.S.; revising requirements
710 governing the acceptance of voter registration
711 applications; amending s. 97.057, F.S.; revising
712 procedures governing voter registration by the
713 Department of Highway Safety and Motor Vehicles;
714 modifying procedures for updates to voter registration
715 records; providing for the electronic transmittal of
716 change of address information in accordance with
717 specified requirements; requiring the Department of
718 Highway Safety and Motor Vehicles and the Department
719 of State to prescribe a method to verify the
720 registration or preregistration status of certain
721 individuals; amending s. 97.0575, F.S.; authorizing
722 third-party voter registration organizations to submit
723 voter registration applications electronically;
724 requiring the division to adopt rules governing
725 testing and security requirements for application
726 programming interfaces used by such organizations;
727 prohibiting the denial of an organization’s
728 application or website if testing and security
729 requirements are met; entitling an organization to an
730 affirmative defense for failure to timely deliver
731 voter registration applications if a network outage
732 occurs; amending s. 97.0585, F.S.; deleting an
733 exemption from public records requirements for
734 information related to a voter registration
735 applicant’s or voter’s prior felony conviction and his
736 or her restoration of voting rights to conform to
737 changes made by the act; amending ss. 97.1031, 98.045,
738 and 98.065, F.S.; conforming provisions and a cross
739 reference to changes made by the act; amending s.
740 98.0655, F.S.; requiring the supervisor to update a
741 voter’s voter registration record if a voter returns
742 an address change notice due to an incorrect newly
743 recorded address of legal residence; amending s.
744 98.0981, F.S.; requiring supervisors to post precinct
745 level election results on their websites with a
746 specified disclaimer; requiring supervisors to post
747 live turnout data for election day voting on their
748 websites; requiring supervisors to transmit live
749 turnout data to the Division of Elections; directing
750 the division to create and maintain a statewide voter
751 turnout dashboard on its website using such data;
752 amending s. 101.043, F.S.; deleting a provision that
753 prohibits the use of an address appearing on
754 identification presented by an elector at the polls as
755 a basis to confirm an elector’s legal residence;
756 deleting a provision that prohibits a clerk or an
757 inspector from asking an elector to provide additional
758 identification information under specified
759 circumstances; amending s. 101.051, F.S.; increasing
760 the no-solicitation zone surrounding the entrance of a
761 polling place or an early voting site wherein certain
762 activities are prohibited; conforming a provision;
763 amending s. 101.131, F.S.; modifying restrictions
764 governing poll watcher interaction with voters;
765 revising requirements for eligibility to serve as a
766 poll watcher; revising certain deadlines for the
767 submission of poll watcher designation forms; removing
768 the requirement that the supervisor of elections
769 provide poll watcher identification badges in advance
770 of the election; amending s. 101.5614, F.S.; removing
771 the requirement that duplicate ballots be made of
772 vote-by-mail ballots containing overvoted races;
773 creating s. 101.5617, F.S.; prohibiting the use of
774 electronic poll books that are not approved by the
775 Department of State, beginning with the 2022 primary
776 election; requiring the department to adopt rules that
777 meet certain minimum criteria; amending s. 101.6103,
778 F.S.; revising the timeframe in which the supervisor
779 of elections must mail ballots in elections conducted
780 under the Mail Ballot Election Act; amending s.
781 102.031, F.S.; prohibiting owners, operators, or
782 lessees of property on which polling places or early
783 voting sites are located from prohibiting the
784 solicitation of voters by a candidate or a candidate’s
785 designee outside the no-solicitation zone during
786 polling hours; amending s. 103.091, F.S.; authorizing
787 a qualifying office to accept and hold qualifying
788 papers for candidates for political party executive
789 committees before the beginning of the qualifying
790 period; amending s. 106.08, F.S.; requiring the
791 Division of Elections to periodically adjust campaign
792 contribution limits for inflation; requiring the
793 division to publish the adjusted limits on its
794 website; preempting counties, municipalities, and
795 other local governmental entities from enacting or
796 adopting any limitation or restriction involving
797 certain contributions and expenditures, or
798 establishing contribution limits different than those
799 established in the Florida Election Code; providing
800 applicability; providing effective dates.