CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Morse offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsection (12) is added to section 97.012,
18 Florida Statutes, to read:
19 97.012 Secretary of State as chief election
20 officer.--The Secretary of State is the chief election officer
21 of the state, and it is his or her responsibility to:
22 (12) Maintain a voter fraud hotline and provide
23 election-fraud education to the public.
24 Section 2. Subsection (11) is added to section 98.015,
25 Florida Statutes, to read:
26 98.015 Supervisor of elections; election, tenure of
27 office, compensation, custody of books, office hours,
28 successor, seal; appointment of deputy supervisors; duties.--
29 (11) Each supervisor of elections shall forward, to
30 the property appraiser for the county in which the homestead
31 is claimed, the name of the person and the address of the
1
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 homestead of each person who registers to vote at an address
2 other than that at which the person claims a homestead
3 exemption, as disclosed on the uniform statewide voter
4 registration application pursuant to s. 97.052.
5 Section 3. Subsection (1) of section 97.021, Florida
6 Statutes, is amended to read:
7 97.021 Definitions.--For the purposes of this code,
8 except where the context clearly indicates otherwise, the
9 term:
10 (1) "Absent elector" means any registered and
11 qualified voter who: is unable to attend the polls on election
12 day.
13 (a) Is unable without another's assistance to attend
14 the polls.
15 (b) Is an inspector, a poll worker, a deputy voting
16 machine custodian, a deputy sheriff, a supervisor of
17 elections, or a deputy supervisor who is assigned to a
18 different precinct than that in which he or she is registered
19 to vote.
20 (c) On account of the tenets of his or her religion,
21 cannot attend the polls on the day of the general, special, or
22 primary election.
23 (d) May not be in the precinct of his or her residence
24 during the hours the polls are open for voting on the day of
25 the election.
26 (e) Has changed his or her residency to another county
27 in this state within the time period during which the
28 registration books are closed for the election for which the
29 ballot is requested.
30 (f) Has changed his or her residency to another state
31 and is ineligible under the laws of that state to vote in the
2
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 general election; however, this pertains only to presidential
2 ballots.
3 Section 4. Effective July 1, 1999, subsections (2) and
4 (3) of section 97.052, Florida Statutes, are amended to read:
5 97.052 Uniform statewide voter registration
6 application.--
7 (2) The uniform statewide voter registration
8 application must be designed to elicit the following
9 information from the applicant:
10 (a) Full name.
11 (b) Date of birth.
12 (c) Address of legal residence.
13 (d) Mailing address, if different.
14 (e) County of legal residence.
15 (f) Address of property for which the applicant has
16 been granted a homestead exemption, if any.
17 (g)(f) Race or ethnicity that best describes the
18 applicant:
19 1. American Indian or Alaskan Native.
20 2. Asian or Pacific Islander.
21 3. Black, not Hispanic.
22 4. White, not Hispanic.
23 5. Hispanic.
24 (h)(g) Sex.
25 (i)(h) Party affiliation.
26 (j)(i) Whether the applicant needs assistance in
27 voting.
28 (k)(j) Name and address where last registered.
29 (l)(k) Last four digits of the applicant's social
30 security number (optional).
31 (m) Florida Driver's license number or the
3
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 identification number from a Florida identification card
2 issued under s. 322.051.
3 (n)(l) Telephone number (optional).
4 (o)(m) Signature of applicant under penalty for false
5 swearing pursuant to s. 104.011, by which the person
6 subscribes to the oath required by s. 3, Art. VI of the State
7 Constitution and s. 97.051, and swears or affirms that the
8 information contained in the registration application is true.
9 (p)(n) Whether the application is being used for
10 initial registration, to update a voter registration record,
11 or to request a replacement registration identification card.
12 (q)(o) Whether the applicant is a citizen of the
13 United States.
14 (r)(p) That the applicant has not been convicted of a
15 felony or, if convicted, has had his or her civil rights
16 restored.
17 (s)(q) That the applicant has not been adjudicated
18 mentally incapacitated with respect to voting or, if so
19 adjudicated, has had his or her right to vote restored.
20
21 The registration form must shall be in plain language and
22 designed so that convicted felons whose civil rights have been
23 restored and persons who have been adjudicated mentally
24 incapacitated and have had their voting rights restored are
25 not required to reveal their prior conviction or adjudication.
26 (3) The uniform statewide voter registration
27 application must also contain:
28 (a) The oath required by s. 3, Art. VI of the State
29 Constitution and s. 97.051.
30 (b) A statement specifying each eligibility
31 requirement under s. 97.041.
4
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (c) The penalties provided in s. 104.011 for false
2 swearing in connection with voter registration.
3 (d) A statement that the disclosure of a social
4 security number is voluntary, a citation of the statutory
5 authority under which the social security number is being
6 solicited, a delineation of the uses that will be made of the
7 social security number, and a notice that the social security
8 number will be open to public inspection.
9 (d)(e) A statement that, if an applicant declines to
10 register to vote, the fact that the applicant has declined to
11 register will remain confidential and may be used only for
12 voter registration purposes.
13 (e)(f) A statement that informs the applicant who
14 chooses to register to vote or update a voter registration
15 record that the office at which the applicant submits a voter
16 registration application or updates a voter registration
17 record will remain confidential and may be used only for voter
18 registration purposes.
19 (f) A statement that informs the applicant that any
20 person who has been granted a homestead exemption in this
21 state, and who registers to vote in any precinct other than
22 the one in which the property for which the homestead
23 exemption has been granted, shall have that information
24 forwarded to the property appraiser where such property is
25 located, which may result in the person's homestead exemption
26 being terminated and the person being subject to assessment of
27 back taxes under s. 193.092, unless the homestead granted the
28 exemption is being maintained as the permanent residence of a
29 legal or natural dependent of the owner and the owner resides
30 elsewhere.
31 Section 5. Effective July 1, 1999, subsection (5) of
5
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 section 97.053, Florida Statutes, is amended to read:
2 97.053 Acceptance of voter registration
3 applications.--
4 (5)(a) A voter registration application is complete if
5 it contains:
6 1. The applicant's name.
7 2. The applicant's legal residence address.
8 3. The applicant's date of birth.
9 4. An indication that the applicant is a citizen of
10 the United States.
11 5. The last four digits of the applicant's social
12 security number.
13 6.5. An indication that the applicant has not been
14 convicted of a felony or that, if convicted, has had his or
15 her civil rights restored.
16 7.6. An indication that the applicant has not been
17 adjudicated mentally incapacitated with respect to voting or
18 that, if so adjudicated, has had his or her right to vote
19 restored.
20 8.7. Signature of the applicant swearing or affirming
21 under the penalty for false swearing pursuant to s. 104.011
22 that the information contained in the registration application
23 is true and subscribing to the oath required by s. 3, Art. VI
24 of the State Constitution and s. 97.051.
25 (b) An applicant who fails to designate party
26 affiliation must be registered without party affiliation. The
27 supervisor must notify the voter by mail that the voter has
28 been registered without party affiliation and that the voter
29 may change party affiliation as provided in s. 97.1031.
30 Section 6. Effective July 1, 1999, section 97.056,
31 Florida Statutes, is created to read:
6
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 97.056 Registration by mail; persons required to vote
2 in person.--
3 (1) Any registered voter who has registered by mail
4 and has not previously voted in the county in which he or she
5 is registered must vote:
6 (a) In person at the precinct in which he or she is
7 registered to vote; or
8 (b) In person at the office of the supervisor of
9 elections, as provided in s. 101.657.
10 (2) The provisions of this section do not apply to a
11 person who is entitled to vote by absentee ballot under the
12 Uniformed and Overseas Citizens Absentee Voting Act, the
13 Voting Accessibility for the Elderly and Handicapped Act, or
14 any other federal law, or an elector who is absent from the
15 county and does not plan to return before the day of the
16 election.
17 Section 7. Present subsections (2) and (3) of section
18 97.071, Florida Statutes, are redesignated as subsections (3)
19 and (4), respectively, and a new subsection (2) is added to
20 that section to read:
21 97.071 Registration identification card.--
22 (2)(a) Except as provided in paragraph (b), the
23 supervisor of elections shall mail a registration
24 identification card to the voter at the address listed as the
25 legal residence on the voter's registration application. The
26 card must be sent by nonforwardable, return-if-undeliverable
27 mail. If the identification card is returned as undeliverable
28 and the voter has indicated a different mailing address on the
29 registration application, the supervisor must mail a notice to
30 the mailing address, notifying the voter that his or her
31 registration identification card was returned and that the
7
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 voter may appear in person at the supervisor's office to pick
2 up the identification card. The supervisor must surrender the
3 identification card to the elector upon presentation of a
4 Florida driver's license, a Florida identification card issued
5 under s. 322.051, or another form of picture identification
6 approved by the Department of State. If the elector fails to
7 furnish the required identification, or if the supervisor has
8 doubts as to the identity of the elector, the supervisor must
9 require the elector to swear an oath substantially similar to
10 the one prescribed in s. 101.49 prior to surrendering the
11 identification card. The supervisor must keep the
12 identification card on file for 45 days following return of
13 the card as undeliverable.
14 (b) The supervisor shall mail the voter identification
15 card by forwardable mail to voters who are covered by the
16 Uniformed and Overseas Citizens Absentee Voting Act.
17 Section 8. Effective upon this act becoming a law,
18 section 98.0975, Florida Statutes, is created to read:
19 98.0975 Central voter file; periodic list
20 maintenance.--
21 (1) By August 15, 1998, the division shall provide to
22 each county supervisor of elections a list containing the
23 name, address, date of birth, race, gender, and any other
24 available information identifying the voter of each person
25 included in the central voter file as a registered voter in
26 the supervisor's county who:
27 (a) Is deceased;
28 (b) Has been convicted of a felony and has not had his
29 or her civil rights restored; or
30 (c) Has been adjudicated mentally incompetent and
31 whose mental capacity with respect to voting has not been
8
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 restored.
2 (2) The division shall annually update the information
3 required in subsection (1), and forward a like list to each
4 supervisor by June 1 of each year.
5 (3)(a) In order to meet its obligations under this
6 section, the division shall annually contract with a private
7 entity to compare information in the central voter file with
8 available information in other computer databases, including,
9 without limitation, databases containing reliable criminal
10 records and records of deceased persons.
11 (b) The entity contracted by the division is
12 designated as an agent of the division for purposes of
13 administering the contract, and must be limited to seeking
14 only that information which is necessary for the division to
15 meet its obligations under this section. Information obtained
16 under this section may not be used for any purpose other than
17 determining voter eligibility.
18 (4) Upon receiving the list from the division, the
19 supervisor must remove from the registration books by the next
20 subsequent election the name of any person who is deceased,
21 convicted of a felony, or adjudicated mentally incapacitated
22 with respect to voting.
23 Section 9. Effective upon this act becoming a law,
24 section 98.461, Florida Statutes, is amended to read:
25 98.461 Registration form, precinct register;
26 contents.--A registration form, approved by the Department of
27 State, containing the information required in s. 97.052 shall
28 be filed alphabetically in the office of the supervisor as the
29 master list of electors of the county. However, the
30 registration forms may be microfilmed and such microfilms
31 substituted for the original registration forms; or, when
9
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 voter registration information, including the voter's
2 signature, is maintained digitally or on electronic, magnetic,
3 or optic media, such stored information may be substituted for
4 the original registration form. Such microfilms or stored
5 information shall be retained in the custody of the supervisor
6 of elections. In the event the original registration forms are
7 microfilmed or maintained digitally or on electronic or other
8 media, such originals may be destroyed in accordance with the
9 schedule approved by the Bureau of Archives and Records
10 Management of the Division of Library and Information Services
11 of the Department of State. As an alternative, the information
12 from the registration form, including the signature, may be
13 electronically reproduced and stored as provided in s. 98.451.
14 A computer printout may be used at the polls as a precinct
15 register in lieu of the registration books. The precinct
16 register shall contain the date of the election, the precinct
17 number, and the following information concerning each
18 registered elector: last name, first name, and middle name or
19 initial; party affiliation; residence address; registration
20 number; date of birth; sex, if provided; race, if provided;
21 whether the voter needs assistance in voting; and such other
22 additional information as to readily identify the elector. The
23 precinct register may also contain a list of the forms of
24 identification approved by the Department of State, which must
25 shall include, but is not be limited to, a the voter
26 registration identification card and Florida driver's license,
27 a Florida identification card issued under s. 322.051, or
28 another form of picture identification approved by the
29 Department of State. The precinct register may also contain a
30 space for the elector's signature, a space for the initials of
31 the witnessing clerk or inspector, and a space for the
10
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 signature slip or ballot number.
2 Section 10. Effective upon this act becoming a law,
3 section 98.471, Florida Statutes, is amended to read:
4 98.471 Use of precinct register at polls.--The
5 precinct register, as prescribed in s. 98.461, may be used at
6 the polls in lieu of the registration books for the purpose of
7 identifying the elector at the polls prior to allowing him or
8 her to vote. The clerk or inspector shall require each
9 elector, upon entering the polling place, to present a Florida
10 driver's license, a Florida identification card issued under
11 s. 322.051, or another form of picture identification one of
12 the forms of identification which are on the list of forms
13 approved by the Department of State pursuant to s. 98.461.
14 The elector shall sign his or her name in the space provided,
15 and the clerk or inspector shall compare the signature with
16 that on the identification provided by the elector and enter
17 his or her initials in the space provided and allow the
18 elector to vote if the clerk or inspector is satisfied as to
19 the identity of the elector. If the elector fails to furnish
20 the required identification, or if the clerk or inspector is
21 in doubt as to the identity of the elector, such clerk or
22 inspector shall follow the procedure prescribed in s. 101.49.
23 The precinct register may also contain the information set
24 forth in s. 101.47(8) and, if so, the inspector shall follow
25 the procedure required in s. 101.47, except that the
26 identification provided by the elector shall be used for the
27 signature comparison.
28 Section 11. Effective upon becoming law, subsection
29 (2) of section 100.041, Florida Statutes, is amended to read:
30 100.041 Officers chosen at general election.--
31 (2)(a) Each county commissioner from an odd-numbered
11
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 district shall be elected at the general election in each year
2 the number of which is a multiple of 4, for a 4-year term
3 commencing on the second Tuesday following such election, and
4 each county commissioner from an even-numbered district shall
5 be elected at the general election in each even-numbered year
6 the number of which is not a multiple of 4, for a 4-year term
7 commencing on the second Tuesday following such election.
8 (b) Notwithstanding paragraph (a), the governing board
9 of a charter county may provide by ordinance, to be approved
10 by referendum, that the terms of its members shall commence on
11 a date later than the second Tuesday following general
12 elections, but in any case the date of commencement shall be
13 uniform for all members and shall be no later than the first
14 Tuesday after the first Monday in January following each
15 member's election.
16 Section 12. Subsection (3) is added to section
17 101.5611, Florida Statutes, to read:
18 101.5611 Instructions to electors.--
19 (3) The supervisor of elections shall have posted at
20 each polling place a notice that reads: "A person who commits
21 or attempts to commit any fraud in connection with voting,
22 votes a fraudulent ballot, or votes more than once in an
23 election can be convicted of a felony of the third degree and
24 fined up to $5,000 and/or imprisoned for up to 5 years."
25 Section 13. Effective upon this act becoming a law,
26 subsections (1) and (4) of section 101.62, Florida Statutes,
27 are amended to read:
28 101.62 Request for absentee ballots.--
29 (1)(a) The supervisor may accept a request for an
30 absentee ballot from an elector in person or in writing. or
31 for an elector from any person designated by such elector.
12
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Such request may be made in person, by mail, or by telephone.
2 One request shall be deemed sufficient to receive an absentee
3 ballot for all elections which are held within a calendar
4 year, unless the elector or the elector's designee indicates
5 at the time the request is made the elections for which the
6 elector desires to receive an absentee ballot. Such request
7 may be considered canceled when any first-class mail sent by
8 the supervisor to the elector is returned as undeliverable.
9 (b) The supervisor may accept a written or telephonic
10 request for an absentee ballot from the elector, or, if
11 directly instructed by the elector, a member of the elector's
12 immediate family, or the elector's legal guardian. For
13 purposes of this section, the term "immediate family" has the
14 same meaning as specified in paragraph (4)(b). The person
15 making the request must disclose:
16 1. The name of the elector for whom the ballot is
17 requested;
18 2. The elector's address;
19 3. The last four digits of the elector's social
20 security number;
21 4. The registration number on the elector's
22 registration identification card;
23 5. The requester's name;
24 6. The requester's address;
25 7. The requester's social security number and, if
26 available, driver's license number;
27 8. The requester's relationship to the elector; and
28 9. The requester's signature (written requests only).
29 (4)(a) To each absent qualified elector overseas who
30 has requested an absentee ballot, the supervisor of elections
31 shall, not fewer than 35 days before the first primary
13
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 election, mail an absentee ballot. Not fewer than 45 days
2 before the second primary and general election, the supervisor
3 of elections shall mail an advance absentee ballot to those
4 persons requesting ballots for such elections. The advance
5 absentee ballot for the second primary shall be the same as
6 the first primary absentee ballot as to the names of
7 candidates, except that for any offices where there are only
8 two candidates, those offices and all political party
9 executive committee offices shall be omitted. The advance
10 absentee ballot for the general election shall be as specified
11 in s. 101.151, except that in the case of candidates of
12 political parties where nominations were not made in the first
13 primary, the names of the candidates placing first and second
14 in the first primary election shall be printed on the advance
15 absentee ballot. The advance absentee ballot or advance
16 absentee ballot information booklet shall be of a different
17 color for each election and also a different color from the
18 absentee ballots for the first primary, second primary, and
19 general election. The supervisor shall mail an advance
20 absentee ballot for the second primary and general election to
21 each qualified absent elector for whom a request is received
22 until the absentee ballots are printed. The supervisor shall
23 enclose with the advance second primary absentee ballot and
24 advance general election absentee ballot an explanation
25 stating that the absentee ballot for the election will be
26 mailed as soon as it is printed; and, if both the advance
27 absentee ballot and the absentee ballot for the election are
28 returned in time to be counted, only the absentee ballot will
29 be counted.
30 (b) As soon as the remainder of the absentee ballots
31 are printed, the supervisor shall provide deliver or mail an
14
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 absentee ballot to each elector by whom a request for that
2 ballot has been made by one of the following means:.
3 1. By nonforwardable, return-if-undeliverable mail to
4 the elector's current mailing address on file with the
5 supervisor, unless the elector specifies in the request that:
6 a. The elector is absent from the county and does not
7 plan to return before the day of the election;
8 b. The elector is temporarily unable to occupy the
9 residence because of hurricane, tornado, flood, fire, or other
10 emergency or natural disaster; or
11 c. The elector is in a hospital, assisted-living
12 facility, nursing home, short-term medical or rehabilitation
13 facility, or correctional facility,
14
15 in which case the supervisor shall mail the ballot
16 nonforwardable, return-if-undeliverable mail to any other
17 address the elector specifies in the request.
18 2. By forwardable mail to voters who are entitled to
19 vote by absentee ballot under the Uniformed and Overseas
20 Citizens Voting Act.
21 3. By personal delivery to the elector, upon
22 presentation of the identification required in s. 101.657.
23 4. By delivery to a designee on election day or up to
24 4 days prior to the day of an election. Any elector may
25 designate in writing a person to pick up the ballot for the
26 elector; however, the person designated may not pick up more
27 than two absentee ballots per election, other than the
28 designee's own ballot, except that additional ballots may be
29 picked up for members of the designee's immediate family. For
30 purposes of this section, "immediate family" means the
31 designee's spouse or the parent, child, grandparent, or
15
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 sibling of the designee or of the designee's spouse. The
2 designee shall provide to the supervisor the written
3 authorization by the elector and a picture identification of
4 the designee and must complete an affidavit. The designee
5 shall state in the affidavit that the designee is authorized
6 by the elector to pick up that ballot and shall indicate if
7 the elector is a member of the designee's immediate family
8 and, if so, the relationship. The department shall prescribe
9 the form of the affidavit. If the supervisor is satisfied that
10 the designee is authorized to pick up the ballot and that the
11 signature of the elector on the written authorization matches
12 the signature of the elector on file, the supervisor shall
13 give the ballot to that designee for delivery to the elector.
14 Section 14. Subsection (1) of section 101.64, Florida
15 Statutes, is amended to read:
16 101.64 Delivery of absentee ballots; envelopes;
17 form.--
18 (1) The supervisor shall enclose with each absentee
19 ballot two envelopes: a secrecy envelope, into which the
20 absent elector shall enclose his or her marked ballot; and a
21 mailing envelope, into which the absent elector shall then
22 place the secrecy envelope, which shall be addressed to the
23 supervisor and also bear on the back side a certificate in
24 substantially the following form:
25
26 Note: Please Read Instructions Carefully Before
27 Marking Ballot and Completing Voter's Certificate.
28 VOTER'S CERTIFICATE
29 I, ...., am a qualified and registered voter of ....
30 County, Florida. I understand that if I commit or attempt to
31 commit any fraud in connection with voting, vote a fraudulent
16
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 ballot, or vote more than once in an election, I can be
2 convicted of a felony of the third degree and fined up to
3 $5,000 and/or imprisoned for up to 5 years. I also understand
4 that failure to sign this certificate and have my signature
5 witnessed will invalidate my ballot. I am entitled to vote an
6 absentee ballot for one of the following reasons:
7
8 1. I am unable without another's assistance to attend
9 the polls.
10 2. I may not be in the precinct of my residence during
11 the hours the polls are open for voting on election day.
12 3. I am an inspector, a poll worker, a deputy voting
13 machine custodian, a deputy sheriff, a supervisor of
14 elections, or a deputy supervisor who is assigned to a
15 different precinct than that in which I am registered.
16 4. On account of the tenets of my religion, I cannot
17 attend the polls on the day of the general, special, or
18 primary election.
19 5. I have changed my permanent residency to another
20 county in Florida within the time period during which the
21 registration books are closed for the election. I understand
22 that I am allowed to vote only for national and statewide
23 offices and on statewide issues.
24 6. I have changed my permanent residency to another
25 state and am unable under the laws of such state to vote in
26 the general election. I understand that I am allowed to vote
27 only for President and Vice President.
28 7. I am unable to attend the polls on election day and
29 am voting this ballot in person at the office of, and under
30 the supervision of, the county supervisor of elections.
31 ...(Voter's Signature)...
17
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1
2 ...(Last four digits of voter's social security number)...
3 Note: Your Signature Must Be Witnessed By Either:
4 a. A Notary or Officer Defined in Item 6.b. of the
5 Instruction Sheet.
6
7
8 ...(Signature of Applicant)...
9 Sworn to (or affirmed) and subscribed before me this
10 .... day of ........, ...(year)..., by ...(name of person
11 making statement).... My commission expires this .... day of
12 ........, ...(year)....
13
14 ...(Signature of Official)...
15 ...(Print, Type, or Stamp Name)...
16 ...(State or Country of Commission)...
17 Personally Known ........ OR Produced Identification
18 ........
19 Type of Identification Produced........................
20
21 OR
22
23 b. One Witness, who is a registered voter in the
24 State.
25
26
27 I swear or affirm that the voter signed this Voter's
28 Certificate in my presence and that I have not witnessed more
29 than 5 ballots for this election.
30
31 WITNESS:
18
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1
2 ...(Signature of Witness)...
3 ...(Printed Name of Witness)...
4
5 ...(Voter I.D. Number of Witness and County of
6 Registration)...
7
8 ...(Address)...
9 ...(City/State)...
10
11 Note: Please Read Instructions Carefully Before
12 Marking Ballot and Completing Voter's Certificate.
13 VOTER'S CERTIFICATE
14 I, ...(print name)..., do solemnly swear or affirm that
15 I am a qualified elector in this election, that I am unable to
16 attend the polls on election day, and that I have not and will
17 not vote more than one ballot in this election. I understand
18 that failure to sign this certificate and have my signature
19 witnessed will invalidate my ballot.
20 ...(Voter's Signature)...
21
22 Note: Your Signature Must Be Witnessed By One Witness 18
23 Years of Age or Older as provided in Item 7. of the
24 Instruction Sheet.
25
26 I swear or affirm that the elector signed this Voter's
27 Certificate in my presence.
28 ...(Signature of Witness)...
29 ...(Address)... ...(City/State)...
30 Section 15. Section 101.647, Florida Statutes, is
31 created to read:
19
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 101.647 Return of absentee ballots.--
2 (1) Absentee ballots must be returned to the
3 supervisor of elections by the elector, either in person or by
4 mail, or by an absentee ballot coordinator as provided by s.
5 101.685.
6 (2) If the elector is unable to mail or personally
7 deliver the ballot, the elector may designate in writing a
8 person who may return the ballot for the elector; however, the
9 person designated may not return more than two absentee
10 ballots per election, other than the designee's own ballot,
11 except that additional ballots may be returned for members of
12 the designee's immediate family. For purposes of this
13 section, the term "immediate family" means the designee's
14 spouse or the parent, child, grandparent, or sibling of the
15 designee or of the designee's spouse. The designee must
16 provide to the supervisor the written authorization by the
17 elector and a picture identification of the designee.
18 Section 16. Section 101.65, Florida Statutes, is
19 amended to read:
20 101.65 Instructions to absent electors.--The
21 supervisor shall enclose with each absentee ballot separate
22 printed instructions in substantially the following form:
23
24 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
25 1. VERY IMPORTANT. In order to ensure that your
26 absentee ballot will be counted, it should be completed and
27 returned as soon as possible so that it can reach the
28 supervisor of elections of the county in which your precinct
29 is located no later than 7 p.m. on the day of the election.
30 2. Mark your ballot in secret as instructed on the
31 ballot. You must mark your own ballot unless you are unable to
20
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 do so because of blindness, disability, or inability to read
2 or write.
3 3. Place your marked ballot in the enclosed secrecy
4 envelope.
5 4. Insert the secrecy envelope into the enclosed
6 mailing envelope which is addressed to the supervisor.
7 5. Seal the mailing envelope and completely fill out
8 the Voter's Certificate on the back of the mailing envelope.
9 6. VERY IMPORTANT. In order for your absentee ballot
10 to be counted, you must sign your name on the line above
11 "(Voter's Signature), and your ballot must be witnessed in
12 either of the following manners:."
13 a. One witness, who is a registered voter in the
14 state, must affix his or her signature, printed name, address,
15 voter identification number, and county of registration on the
16 voter's certificate. Each witness is limited to witnessing 5
17 ballots per election. A candidate may not serve as an
18 attesting witness.
19 b. Any notary or other officer entitled to administer
20 oaths or any Florida supervisor of elections or deputy
21 supervisor of elections, other than a candidate, may serve as
22 an attesting witness.
23 7. VERY IMPORTANT. In order for your absentee ballot
24 to be counted, it must include the signature and address of a
25 witness 18 years of age or older affixed to the Voter's
26 Certificate. No candidate may serve as an attesting witness.
27 7.8. Mail, deliver, or have delivered the completed
28 mailing envelope. Be sure there is sufficient postage if
29 mailed.
30 8. FELONY NOTICE. It is a felony under Florida law to
31 accept any gift, payment, or gratuity in exchange for your
21
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 vote for a candidate. It is also a felony under Florida law to
2 vote in an election using a false identity or false address,
3 or under any other circumstances making your ballot false of
4 fraudulent.
5 Section 17. Section 101.657, Florida Statutes, is
6 created to read:
7 101.657 Voting absentee ballots in
8 person.--Notwithstanding s. 97.021(1), any qualified and
9 registered elector who is unable to attend the polls on
10 election day may pick up and vote an absentee ballot in person
11 at the office of, and under the supervision of, the supervisor
12 of elections. Before receiving the ballot, the elector must
13 present a Florida driver's license, a Florida identification
14 card issued under s. 322.051, or another form of picture
15 identification approved by the Department of State. If the
16 elector fails to furnish the required identification, or if
17 the supervisor is in doubt as to the identity of the elector,
18 the supervisor must follow the procedure prescribed in s.
19 101.49.
20 Section 18. Effective upon this act becoming a law,
21 section 101.66, Florida Statutes, is created to read:
22 101.66 Voting absentee ballots.--All electors must
23 personally mark or designate their choices on the absentee
24 ballot, except:
25 (1) Electors who require assistance to vote because of
26 blindness, disability, or inability to read or write, who may
27 have some person of the elector's choice, other than the
28 elector's employer, an agent of the employer, or an officer or
29 agent of the elector's union, mark the elector's choices or
30 assist the elector in marking his or her choices on the
31 ballot.
22
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (2) As otherwise provided in s. 101.051 or s. 101.655.
2 Section 19. Section 101.665, Florida Statutes, is
3 amended to read:
4 101.665 Administration of oaths; military personnel,
5 federal employees, and other absentee registrants.--For the
6 purposes of this code, oaths may be administered and attested
7 by any commissioned officer in the active service of the Armed
8 Forces, any member of the Merchant Marine of the United States
9 designated for this purpose by the Secretary of Commerce, any
10 civilian official empowered by state or federal law to
11 administer oaths, any supervisor of elections, deputy
12 supervisor of elections, or employee of the supervisor of
13 elections when designated by the supervisor of elections, or
14 any civilian employee designated by the head of any department
15 or agency of the United States, except when this code requires
16 an oath to be administered and attested by another official
17 specifically named.
18 Section 20. Section 101.68, Florida Statutes, is
19 amended to read:
20 101.68 Canvassing of absentee ballot.--
21 (1) The supervisor of the county where the absent
22 elector resides shall receive the voted ballot, at which time
23 the supervisor may compare the signature of the elector on the
24 voter's certificate with the signature of the elector in the
25 registration books to determine whether the elector is duly
26 registered in the county and may record on the elector's
27 registration certificate that the elector has voted. The
28 supervisor shall safely keep the ballot unopened in his or her
29 office until the county canvassing board canvasses the vote.
30 (2)(a) The county canvassing board may begin the
31 canvassing of absentee ballots at 7 a.m. on the fourth day
23
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 before the election, but not later than noon on the day
2 following the election. In addition, for any county using
3 electronic tabulating equipment, the processing of absentee
4 ballots through such tabulating equipment may begin upon the
5 opening of the polls on election day. However,
6 notwithstanding any such authorization to begin canvassing or
7 otherwise processing absentee ballots early, no result or
8 tabulation of absentee ballots shall be made until after the
9 close of the polls on election day.
10 (b) To ensure that all absentee ballots to be counted
11 by the canvassing board are accounted for, the canvassing
12 board shall compare the number of ballots in its possession
13 with the number of requests for ballots received to be counted
14 according to the supervisor's file or list.
15 (c)1. The canvassing board shall, if the supervisor
16 has not already done so, compare the signature of the elector
17 on the voter's certificate with the signature of the elector
18 in the registration books to see that the elector is duly
19 registered in the county and to determine the legality of that
20 absentee ballot. An absentee ballot shall be considered
21 illegal if it does not include the signature and the last four
22 digits of the social security number of the elector, as shown
23 by the registration records, and either:
24 a. The subscription of a notary or officer defined in
25 Item 6.b. of the instruction sheet, or
26 b. The signature, printed name, address, voter
27 identification number, and county of registration of one
28 attesting witness, who is a registered voter in the state. the
29 signature and address of an attesting witness.
30
31 However, an absentee ballot shall not be considered illegal if
24
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the signature of the elector or attesting witness does not
2 cross the seal of the mailing envelope or if the person
3 witnessing the ballot is in violation of s. 104.047(3). If the
4 canvassing board determines that any ballot is illegal, a
5 member of the board shall, without opening the envelope, mark
6 across the face of the envelope: "rejected as illegal." The
7 envelope and the ballot contained therein shall be preserved
8 in the manner that official ballots voted are preserved.
9 2. If any elector or candidate present believes that
10 an absentee ballot is illegal due to a defect apparent on the
11 voter's certificate, he or she may, at any time before the
12 ballot is removed from the envelope, file with the canvassing
13 board a protest against the canvass of that ballot, specifying
14 the precinct, the ballot, and the reason he or she believes
15 the ballot to be illegal. A challenge based upon a defect in
16 the voter's certificate may not be accepted after the ballot
17 has been removed from the mailing envelope.
18 (d) The canvassing board shall record the ballot upon
19 the proper record, unless the ballot has been previously
20 recorded by the supervisor. The mailing envelopes shall be
21 opened and the secrecy envelopes shall be mixed so as to make
22 it impossible to determine which secrecy envelope came out of
23 which signed mailing envelope; however, in any county in which
24 an electronic or electromechanical voting system is used, the
25 ballots may be sorted by ballot styles and the mailing
26 envelopes may be opened and the secrecy envelopes mixed
27 separately for each ballot style. The votes on absentee
28 ballots shall be included in the total vote of the county.
29 (3) The supervisor or the chair of the county
30 canvassing board shall, after the board convenes, have custody
31 of the absentee ballots until a final proclamation is made as
25
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 to the total vote received by each candidate.
2 (4) The supervisor of elections shall, on behalf of
3 the county canvassing board, notify each elector whose ballot
4 was rejected as illegal because of a difference between the
5 elector's signature on the ballot and that on the elector's
6 voter registration record. The supervisor shall mail a voter
7 registration application to the elector to be completed
8 indicating the elector's current signature. This section does
9 not prohibit the supervisor from providing additional methods
10 for updating an elector's signature.
11 Section 21. Section 101.685, Florida Statutes, is
12 created to read:
13 101.685 Absentee ballot coordinators.--
14 (1) At least 28 days before a general or special
15 election, each political party may designate in writing with
16 the county supervisor of elections the names of persons to
17 serve as absentee ballot coordinators. Each political party
18 may designate a number of absentee ballot coordinators for
19 each county equal to two times the number of Florida House of
20 Representatives districts, all or part of which lie within the
21 county.
22 (2) Notwithstanding any other provision of this
23 chapter, an absentee ballot coordinator may:
24 (a) witness an unlimited number of absentee ballots;
25 (b) request absentee ballots on behalf of registered
26 voters, either in writing or by telephone; and,
27 (c) return an unlimited number of voted absentee
28 ballots to the supervisor of elections.
29 Section 22. Subsection (2) of section 102.012, Florida
30 Statutes, is amended to read:
31 102.012 Inspectors and clerks to conduct elections.--
26
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (2) Each member of the election board shall be able to
2 read and write the English language and shall be a registered
3 qualified elector of the county in which the member is
4 appointed or a person who has preregistered to vote, pursuant
5 to s. 97.041(1)(b), in the county in which the member is
6 appointed. No election board shall be composed solely of
7 members of one political party; however, in any primary in
8 which only one party has candidates appearing on the ballot,
9 all clerks and inspectors may be of that party. Any person
10 whose name appears as an opposed candidate for any office
11 shall not be eligible to serve on an election board.
12 Section 23. Section 104.012, Florida Statutes, is
13 amended to read:
14 104.012 Consideration for registration; interference
15 with registration; soliciting registrations for compensation;
16 alteration of registration application.--
17 (1) Any person who gives anything of value that is
18 redeemable in cash to any person in consideration for his or
19 her becoming a registered voter commits a felony misdemeanor
20 of the third first degree, punishable as provided in s.
21 775.082, or s. 775.083, or s. 775.084. This section shall not
22 be interpreted, however, to exclude such services as
23 transportation to the place of registration or baby-sitting in
24 connection with the absence of an elector from home for
25 registering.
26 (2) A person who by bribery, menace, threat, or other
27 corruption, directly or indirectly, influences, deceives, or
28 deters or attempts to influence, deceive, or deter any person
29 in the free exercise of that person's right to register to
30 vote at any time, upon the first conviction, commits a felony
31 misdemeanor of the third first degree, punishable as provided
27
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 in s. 775.082, or s. 775.083 , or s. 775.084, and, upon any
2 subsequent conviction, commits a felony of the second third
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (3) A person may not solicit or pay another person to
6 solicit voter registrations for compensation that is based
7 upon the number of registrations obtained. A person who
8 violates the provisions of this subsection commits a felony
9 misdemeanor of the third first degree, punishable as provided
10 in s. 775.082, or s. 775.083, or s. 775.084.
11 (4) A person who alters the voter registration
12 application of any other person, without the other person's
13 knowledge and consent, commits a felony misdemeanor of the
14 third first degree, punishable as provided in s. 775.082, or
15 s. 775.083, or s. 775.084.
16 Section 24. Section 104.013, Florida Statutes, is
17 amended to read:
18 104.013 Unauthorized use, possession, or destruction
19 of voter registration identification card.--
20 (1) It is unlawful for any person knowingly to have in
21 his or her possession any blank, forged, stolen, fictitious,
22 counterfeit, or unlawfully issued voter registration
23 identification card unless possession by such person has been
24 duly authorized by the supervisor.
25 (2) It is unlawful for any person to barter, trade,
26 sell, or give away a voter registration identification card
27 unless said person has been duly authorized to issue a
28 registration identification card.
29 (3) It is unlawful for any person willfully to destroy
30 or deface the registration identification card of a duly
31 registered voter.
28
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (4) Any person who violates any of the provisions of
2 this section commits a felony misdemeanor of the third first
3 degree, punishable as provided in s. 775.082, or s. 775.083,
4 or s. 775.084.
5 Section 25. Section 104.045, Florida Statutes, is
6 amended to read:
7 104.045 Vote selling.--Any person who:
8 (1) Corruptly offers to vote for or against, or to
9 refrain from voting for or against, any candidate in any
10 election in return for pecuniary or other benefit; or
11 (2) Accepts a pecuniary or other benefit in exchange
12 for a promise to vote for or against, or to refrain from
13 voting for or against, any candidate in any election,
14
15 is guilty of a felony misdemeanor of the third first degree,
16 punishable as provided in s. 775.082, or s. 775.083, or s.
17 775.084.
18 Section 26. Section 104.047, Florida Statutes, is
19 created to read:
20 104.047 Absentee voting.--
21 (1) Any person who provides or offers to provide, and
22 any person who accepts, a pecuniary or other benefit in
23 exchange for distributing, ordering, requesting, collecting,
24 delivering, or otherwise physically possessing absentee
25 ballots, except as provided in ss. 101.6105-101.694, is guilty
26 of a felony of the third degree, punishable as provided in s.
27 775.082, s. 775.083, or s. 775.084.
28 (2) Except as provided in s. 101.62, s. 101.655, or s.
29 101.685, any person who requests an absentee ballot on behalf
30 of an elector is guilty of a felony of the third degree,
31 punishable as provided in s. 775.082, s. 775.083, or s.
29
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 775.084.
2 (3) Any person, other than a notary or other officer
3 entitled to administer oaths or an absentee ballot coordinator
4 as provided by s. 101.685, who witnesses more than 5 ballots
5 in any single election, is guilty of a misdemeanor of the
6 first degree, punishable as provided in s. 775.082 or s.
7 775.083.
8 (4) Any person who marks or designates a choice on the
9 ballot of another person, except as provided in s. 101.051, s.
10 101.655, or s. 101.66, is guilty of a felony of the third
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084.
13 (5) Any person, other than an absentee ballot
14 coordinator under s. 101.685, who returns more than 2 absentee
15 ballots to the supervisors of elections in violation of s.
16 101.647 is guilty of a misdemeanor of the first degree,
17 punishable as provided in s. 775.082 or s. 775.083.
18 Section 27. Subsection (4) of section 104.051, Florida
19 Statutes, is amended to read:
20 104.051 Violations; neglect of duty; corrupt
21 practices.--
22 (4) Any supervisor, deputy supervisor, or election
23 employee who attempts to influence or interfere with any
24 elector voting a ballot commits is guilty of a felony
25 misdemeanor of the third first degree, punishable as provided
26 in s. 775.082, or s. 775.083, or s. 775.084.
27 Section 28. Section 104.0515, Florida Statutes, is
28 amended to read:
29 104.0515 Voting rights; deprivation of, or
30 interference with, prohibited; penalty.--
31 (1) All citizens of this state who are otherwise
30
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 qualified by law to vote at any election by the people in this
2 state or in any district, county, city, town, municipality,
3 school district, or other subdivision of this state shall be
4 entitled and allowed to vote at all such elections without
5 distinction according to race, color, or previous condition of
6 servitude, notwithstanding any law, ordinance, regulation,
7 custom, or usage to the contrary.
8 (2) No person acting under color of law shall:
9 (a) In determining whether any individual is qualified
10 under law to vote in any election, apply any standard,
11 practice, or procedure different from the standards,
12 practices, or procedures applied under law to other
13 individuals within the same political subdivision who have
14 been found to be qualified to vote; or
15 (b) Deny the right of any individual to vote in any
16 election because of an error or omission on any record or
17 paper relating to any application, registration, or other act
18 requisite to voting, if such error or omission is not material
19 in determining whether such individual is qualified under law
20 to vote in such election. This paragraph shall apply to
21 absentee ballots only if there is a pattern or history of
22 discrimination on the basis of race, color, or previous
23 condition of servitude in regard to absentee ballots.
24 (3) No person, whether acting under color of law or
25 otherwise, shall intimidate, threaten, or coerce, or attempt
26 to intimidate, threaten, or coerce, any other person for the
27 purpose of interfering with the right of such other person to
28 vote or not to vote as that person may choose, or for the
29 purpose of causing such other person to vote for, or not vote
30 for, any candidate for any office at any general, special, or
31 primary election held solely or in part for the purpose of
31
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 selecting or electing any such candidate.
2 (4) No voting qualification or prerequisite to voting,
3 and no standard, practice, or procedure, shall be imposed or
4 applied by any political subdivision of this state to deny or
5 abridge the right of any citizen to vote on account of race or
6 color.
7 (5) Any person who violates the provisions of this
8 section is guilty of a felony misdemeanor of the third first
9 degree, punishable as provided in s. 775.082, or s. 775.083,
10 or s. 775.084.
11 Section 29. Subsection (1) of section 104.061, Florida
12 Statutes, is amended to read:
13 104.061 Corruptly influencing voting.--
14 (1) Whoever by bribery, menace, threat, or other
15 corruption whatsoever, either directly or indirectly, attempts
16 to influence, deceive, or deter any elector in voting or
17 interferes with him or her in the free exercise of the
18 elector's right to vote at any election commits is guilty of a
19 felony misdemeanor of the third first degree, punishable as
20 provided in s. 775.082, or s. 775.083, or s. 775.084 for the
21 first conviction, and a felony of the second third degree,
22 punishable as provided in s. 775.082, s. 775.083, or s.
23 775.084, for any subsequent conviction.
24 Section 30. Section 104.081, Florida Statutes, is
25 amended to read:
26 104.081 Threats of employers to control votes of
27 employees.--It is shall be unlawful for any person having one
28 or more persons in his or her service as employees to
29 discharge or threaten to discharge any employee in his or her
30 service for voting or not voting in any election, state,
31 county, or municipal, for any candidate or measure submitted
32
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 to a vote of the people. Any person who violates the
2 provisions of this section is guilty of a felony misdemeanor
3 of the third first degree, punishable as provided in s.
4 775.082, or s. 775.083, or s. 775.084.
5 Section 31. Section 104.24, Florida Statutes, is
6 amended to read:
7 104.24 Penalty for assuming name.--A person may not No
8 registered elector shall, in connection with any part of the
9 election process, fraudulently call himself or herself, or
10 fraudulently pass by, any other name than the name by which
11 the person elector is registered or fraudulently use the name
12 of another in voting. Any person who violates this section is
13 guilty of a felony misdemeanor of the third first degree,
14 punishable as provided in s. 775.082, or s. 775.083, or s.
15 775.084.
16 Section 32. Section 104.42, Florida Statutes, is
17 amended to read:
18 104.42 Fraudulent registration and illegal voting;
19 investigation.--
20 (1) The supervisor of elections is authorized to
21 investigate fraudulent registrations and illegal voting and to
22 report his or her findings to the local state attorney and the
23 Florida Elections Commission.
24 (2) The board of county commissioners in any county
25 may appropriate funds to the supervisor of elections for the
26 purpose of investigating fraudulent registrations and illegal
27 voting.
28 Section 33. Subsection (2) of section 117.05, Florida
29 Statutes, is amended to read:
30 117.05 Use of notary commission; unlawful use; notary
31 fee; seal; duties; employer liability; name change;
33
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 advertising; photocopies; penalties.--
2 (2)(a) The fee of a notary public may not exceed $10
3 for any one notarial act, except as provided in s. 117.04.
4 (b) A notary public may not charge a fee for
5 witnessing an absentee ballot in an election, and must witness
6 such a ballot upon the request of an elector, provided the
7 notarial act is in accordance with the provisions of this
8 chapter.
9 Section 34. Section 106.25, Florida Statutes, is
10 amended to read:
11 106.25 Reports of alleged violations to Florida
12 Elections Commission; disposition of findings.--
13 (1) Jurisdiction to investigate and determine
14 violations of this chapter and chapter 104 is vested in the
15 Florida Elections Commission; however, nothing in this section
16 limits the jurisdiction of any other officers or agencies of
17 government empowered by law to investigate, act upon, or
18 dispose of alleged violations of this code.
19 (2) The commission shall investigate all violations of
20 this chapter and chapter 104, but only after having received
21 either a sworn complaint or information reported to it by the
22 Division of Elections. Any person, other than the division,
23 having information of any violation of this chapter or chapter
24 104 shall file a sworn complaint with the commission. Such
25 sworn complaint shall state whether a complaint of the same
26 violation has been made to any state attorney. Within 5 days
27 after receipt of a sworn complaint, the commission shall
28 transmit a copy of the complaint to the alleged violator. All
29 sworn complaints alleging violations of the Florida Elections
30 Code over which the commission has jurisdiction shall be filed
31 with the commission within 2 years of the alleged violations.
34
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 The period of limitations is tolled on the day a sworn
2 complaint is filed with the commission.
3 (3) For the purposes of commission jurisdiction, a
4 violation shall mean the willful performance of an act
5 prohibited by this chapter or chapter 104 or the willful
6 failure to perform an act required by this chapter or chapter
7 104.
8 (4) The commission shall undertake a preliminary
9 investigation to determine if the facts alleged in a sworn
10 complaint or a matter initiated by the division constitute
11 probable cause to believe that a violation has occurred. Upon
12 completion of the preliminary investigation, the commission
13 shall, by written report, find probable cause or no probable
14 cause to believe that this chapter or chapter 104 s. 104.271
15 has been violated.
16 (a) If no probable cause is found, the commission
17 shall dismiss the case and the case shall become a matter of
18 public record, except as otherwise provided in this section,
19 together with a written statement of the findings of the
20 preliminary investigation and a summary of the facts which the
21 commission shall send to the complainant and the alleged
22 violator.
23 (b) If probable cause is found, the commission shall
24 so notify the complainant and the alleged violator in writing.
25 All documents made or received in the disposition of the
26 complaint shall become public records upon a finding by the
27 commission.
28
29 In a case where probable cause is found, the commission shall
30 make a preliminary determination to consider the matter or to
31 refer the matter to the state attorney for the judicial
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 circuit in which the alleged violation occurred.
2 (5) When there are disputed issues of material fact in
3 a proceeding conducted under ss. 120.569 and 120.57, a person
4 alleged by the Elections Commission to have committed a
5 violation of this chapter or chapter 104 the Florida Election
6 Code may elect, within 30 days after the date of the filing of
7 the commission's allegations, to have a hearing conducted by
8 an administrative law judge in the Division of Administrative
9 Hearings.
10 (6) It is the duty of a state attorney receiving a
11 complaint referred by the commission to investigate the
12 complaint promptly and thoroughly; to undertake such criminal
13 or civil actions as are justified by law; and to report to the
14 commission the results of such investigation, the action
15 taken, and the disposition thereof. The failure or refusal of
16 a state attorney to prosecute or to initiate action upon a
17 complaint or a referral by the commission shall not bar
18 further action by the commission under this chapter.
19 (7) Every sworn complaint filed pursuant to this
20 chapter with the commission, every investigation and
21 investigative report or other paper of the commission with
22 respect to a violation of this chapter or chapter 104, and
23 every proceeding of the commission with respect to a violation
24 of this chapter or chapter 104 is confidential, is exempt from
25 the provisions of ss. 119.07(1) and 286.011, and is exempt
26 from publication in the Florida Administrative Weekly of any
27 notice or agenda with respect to any proceeding relating to
28 such violation, except under the following circumstances:
29 (a) As provided in subsection (6);
30 (b) Upon a determination of probable cause or no
31 probable cause by the commission; or
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (c) For proceedings conducted with respect to appeals
2 of fines levied by filing officers for the late filing of
3 reports required by this chapter.
4
5 However, a complainant is not bound by the confidentiality
6 provisions of this section. In addition, confidentiality may
7 be waived in writing by the person against whom the complaint
8 has been filed or the investigation has been initiated. If a
9 finding of probable cause in a case is entered within 30 days
10 prior to the date of the election with respect to which the
11 alleged violation occurred, such finding and the proceedings
12 and records relating to such case shall not become public
13 until noon of the day following such election. When two or
14 more persons are being investigated by the commission with
15 respect to an alleged violation of this chapter or chapter
16 104, the commission may not publicly enter a finding of
17 probable cause or no probable cause in the case until a
18 finding of probable cause or no probable cause for the entire
19 case has been determined. However, once the confidentiality of
20 any case has been breached, the person or persons under
21 investigation have the right to waive the confidentiality of
22 the case, thereby opening up the proceedings and records to
23 the public. Any person who discloses any information or
24 matter made confidential by the provisions of this subsection
25 commits a misdemeanor of the first degree, punishable as
26 provided in s. 775.082 or s. 775.083.
27 (8) Any person who files a complaint pursuant to this
28 section while knowing that the allegations contained in such
29 complaint are false or without merit commits a misdemeanor of
30 the first degree, punishable as provided in s. 775.082 or s.
31 775.083.
37
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 Section 35. Subsection (11) of section 106.26, Florida
2 Statutes, is amended to read:
3 106.26 Powers of commission; rights and
4 responsibilities of parties; findings by commission.--
5 (11) At the conclusion of its hearings concerning an
6 alleged violation, the commission shall immediately begin
7 deliberations on the evidence presented at such hearings and
8 shall proceed to determine by affirmative vote of a majority
9 of the members present whether a violation of this chapter or
10 chapter 104 has occurred. Such determination shall promptly be
11 made public. The order shall contain a finding of violation or
12 no violation, together with brief findings of pertinent facts,
13 and the assessment of such civil penalties as are permitted by
14 this chapter or no such assessment and shall bear the
15 signature or facsimile signature of the chair or vice chair.
16 Section 36. Subsections (1) and (2) of section
17 106.265, Florida Statutes, are amended to read:
18 106.265 Civil penalties.--
19 (1) The commission is authorized upon the finding of a
20 violation of this chapter or chapter 104 to impose civil
21 penalties in the form of fines not to exceed $1,000 per count.
22 In determining the amount of such civil penalties, the
23 commission shall consider, among other mitigating and
24 aggravating circumstances:
25 (a) The gravity of the act or omission;
26 (b) Any previous history of similar acts or omissions;
27 (c) The appropriateness of such penalty to the
28 financial resources of the person, political committee,
29 committee of continuous existence, or political party; and
30 (d) Whether the person, political committee, committee
31 of continuous existence, or political party has shown good
38
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 faith in attempting to comply with the provisions of this
2 chapter or chapter 104.
3 (2) If any person, political committee, committee of
4 continuous existence, or political party fails or refuses to
5 pay to the commission any civil penalties assessed pursuant to
6 the provisions of this section, the Department of Revenue
7 State Comptroller shall be responsible for collecting the
8 civil penalties resulting from such action.
9 Section 37. Subsections (1) and (3) of section 106.27,
10 Florida Statutes, are amended to read:
11 106.27 Determinations by commission; legal
12 disposition.--
13 (1) Criminal proceedings for violations of this
14 chapter or chapter 104 may be brought in the appropriate court
15 of competent jurisdiction. Any such action brought under this
16 chapter or chapter 104 shall be advanced on the docket of the
17 court in which filed and put ahead of all other actions.
18 (3) Civil actions may be brought to enjoin temporarily
19 the issuance of certificates of election to successful
20 candidates who are alleged to have violated the provisions of
21 this chapter or chapter 104. Such injunctions shall issue upon
22 a showing of probable cause that such violation has occurred.
23 Such actions shall be brought in the circuit court for the
24 circuit in which is located the officer before whom the
25 candidate qualified for office.
26 Section 38. Section 196.141, Florida Statutes, is
27 amended to read:
28 196.141 Homestead exemptions; duty of property
29 appraiser.--
30 (1) The property appraiser shall examine each claim
31 for exemption filed with or referred to him or her and shall
39
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 allow the same, if found to be in accordance with law, by
2 marking the same approved and by making the proper deductions
3 on the tax books.
4 (2) The property appraiser shall examine each
5 referral, of a person registering to vote at an address
6 different from the one where the person has filed for a
7 homestead exemption, which has been provided by a supervisor
8 of elections pursuant to s. 98.015. The property appraiser
9 shall initiate procedures to terminate a person's homestead
10 exemption and assess back taxes, if appropriate, if the person
11 claiming such exemption is not entitled to the exemption under
12 law.
13 Section 39. Except as otherwise expressly provided in
14 this act, this act shall take effect July 1, 1998.
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 On page ,
20 remove entire the title of the bill:
21
22 and insert in lieu thereof:
23 An act relating to elections; amending s.
24 97.012, F.S.; providing an additional duty of
25 the Secretary of State; amending s. 98.015,
26 F.S.; requiring supervisors of elections to
27 notify property appraisers of voters who are
28 registered at an address other than the voters
29 homestead address; amending s. 97.021, F.S.;
30 revising the definition of absent elector;
31 amending s. 97.052, F.S.; modifying uniform
40
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 statewide voter registration application;
2 amending s. 97.053, F.S.; amending the
3 standards for accepting the uniform statewide
4 voter registration application; creating s.
5 97.056, F.S.; providing that persons who
6 register to vote by mail must vote in person at
7 first elector after registration; providing
8 exceptions; amending s. 97.071, F.S.; providing
9 that voter registration cards be mailed to
10 voter registration address; providing
11 exceptions; amending s. 98.0975, F.S.;
12 providing periodic list maintenance to the
13 central voter file; amending s. 98.461, F.S.;
14 providing forms of picture identification
15 included on precinct register; amending s.
16 98.471, F.S.; requiring photo identification to
17 vote at the polls; providing an exception;
18 amending s. 100.041, F.S.; providing for the
19 terms of charter county commissioners; amending
20 s. 101.5611, F.S.; requiring a notice of
21 penalties for voting fraud be posted at each
22 polling place; amending s. 101.62, F.S.;
23 restricting telephone requests for absentee
24 ballots; revising methods of delivery of
25 absentee ballots; amending s. 101.64, F.S.;
26 revising the voter's certificate; providing
27 reasons for voting absentee; requiring
28 additional information from th voter and the
29 witness; creating s. 101.647, F.S.; providing
30 for the return of absentee ballots; amending s.
31 101.65, F.S.; revising instructions to absentee
41
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 electors to conform; creating s. 101.657, F.S.;
2 providing for in-person absentee voting;
3 creating s. 101.66, F.S.; requiring absentee
4 voters to personally mark their ballot;
5 providing exceptions; amending s. 101.665,
6 F.S.; providing that supervisors of elections
7 and other specified persons may administer
8 oaths; amending s. 101.68, F.S.; relating to
9 canvassing of absentee ballots; revising the
10 requirements for legal ballots; requiring the
11 supervisor of elections to notify certain
12 absent electors whose ballots are rejected;
13 creating s. 101.685, F.S.; providing for
14 designation of absentee ballot coordinators to
15 witness absentee ballots; amending s. 102.012,
16 F.S.; provides that persons who ar
17 preregistered to vote may serve on election
18 boards; amending s. 104.012, F.S.; increasing
19 the penalty for paying someone to register,
20 interfering with registration, paying someone
21 to solicit registrations on a contingent fee
22 basis, or altering a voter registration;
23 amending s. 104.013, F.S.; increasing the
24 penality to unauthorized use, possession, or
25 destruction of a voter registration
26 identification card; amending s. 104.045, F.S.;
27 increasing the penalty for vote selling;
28 creating s. 104.47, F.S.; providing penalties
29 for offenses relating to absentee ballots and
30 voting; amending s. 104.051, F.S.; increasing
31 the penalty for an election official
42
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HOUSE AMENDMENT
Bill No. CS for SB 1402, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 interfering with voting; amending s. 104.0515,
2 F.S.; increasing the penalty for deprivation of
3 voting rights; amending s. 104.061; increasing
4 the penalty for corruptly influencing voting;
5 amending s. 104.081, F.S.; increasing the
6 penalty for employers who threaten employees
7 regarding voting; amending s. 104.24, F.S.;
8 increasing the penalty for using a false name
9 in connection with voting; amending s. 104.42,
10 F.S.; authorizing supervisors of elections to
11 investigate fraud in registration and voting;
12 amending s. 117.054, F.S.; providing that a
13 notary may not charge a fee for witnessing an
14 absentee ballot and may not refuse to witness
15 an absentee ballot; amending ss. 106.25,
16 106.26, 106.265, 106.27, F.S.; authorizing the
17 Florida Elections Commission to investigate
18 violations of chapter 104, F.S.; providing
19 procedures; providing a time period for filing
20 complaints with the commission; providing for
21 civil penalties; amending s. 196.141, F.S.;
22 requiring property appraiser examine the
23 homestead exemption of persons referred by the
24 supervisor of elections to determine lawfulness
25 and to initiate procedures to terminate the
26 exemption and assess back taxes if appropriate;
27 providing an effective date.
28
29
30
31
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