Senate Bill 2192
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Florida Senate - 1998 SB 2192
By Senator Silver
38-1299-98
1 A bill to be entitled
2 An act relating to the Florida Election Code;
3 amending s. 97.021, F.S.; providing a
4 definition; amending s. 101.62, F.S.; providing
5 procedures for requesting absentee ballots;
6 amending s. 101.64, F.S.; modifying the form
7 for the secrecy envelope for absentee ballots;
8 amending s. 101.65, F.S.; modifying the
9 instructions to absentee electors; amending s.
10 104.012, F.S.; increasing the criminal penalty
11 for certain acts relating to registration of
12 voters; amending s. 104.013, F.S.; increasing
13 the criminal penalty for unauthorized use or
14 destruction of a voter registration
15 identification card; amending s. 104.031, F.S.;
16 increasing the criminal penalty for false
17 declaration to secure assistance in preparing a
18 ballot; creating s. 104.042, F.S.; providing a
19 criminal penalty for perpetrating or aiding in
20 the perpetration of any fraud or misconduct in
21 connection with an absentee ballot; creating s.
22 104.043, F.S.; providing an inference with
23 respect to the possession of an altered or
24 fraudulent absentee ballot; amending s.
25 104.045, F.S.; increasing the criminal penalty
26 for vote selling; amending s. 104.051, F.S.;
27 increasing the criminal penalty for corrupt
28 practices; amending s. 104.0515, F.S.;
29 increasing the criminal penalty for
30 interference with or deprivation of voting
31 rights; amending s. 104.061, F.S.; increasing
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1 the criminal penalty for corruptly influencing
2 voting; amending s. 104.081, F.S.; increasing
3 the criminal penalty for threats of employers
4 to control employees' votes; amending s.
5 104.185, F.S.; increasing the criminal penalty
6 for signing a petition more than once;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Present subsections (12) through (30) of
12 section 97.021, Florida Statutes, are redesignated as
13 subsections (13) through (31), respectively, and a new
14 subsection (12) is added to that section to read:
15 97.021 Definitions.--For the purposes of this code,
16 except where the context clearly indicates otherwise, the
17 term:
18 (12) "Legal residence" means the residence for which
19 the elector has filed for a homestead, and if no homestead has
20 been claimed by the elector, the residence where the elector
21 has continuously resided for at least 90 days prior to the
22 registration day for the election in which the elector will
23 vote.
24 Section 2. Subsection (1) of section 101.62, Florida
25 Statutes, is amended to read:
26 101.62 Request for absentee ballots.--
27 (1) The supervisor may accept a request for an
28 absentee ballot only from an elector, which may be made only
29 by mail or in person or for an elector from any person
30 designated by such elector. The request for an absentee ballot
31 by mail may be honored only if the elector provides
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1 documentation establishing that he or she will be physically
2 unable to vote on the scheduled election date for one of the
3 following reasons:
4 (a) Infirmity, illness, or advanced age prevents the
5 elector from attending the polls;
6 (b) It is necessary that the elector be absent from
7 the precinct of his or her residence during the hours the
8 polls are open for voting on election day;
9 (c) The elector is an inspector, a poll worker, a
10 deputy voting-machine custodian, a deputy sheriff, a
11 supervisor of elections, or a deputy supervisor who is
12 assigned to a precinct different from that in which he or she
13 is registered;
14 (d) Because of the tenets of the elector's religion,
15 he or she cannot attend the polls on the date of the general,
16 special, or primary election;
17 (e) The elector has changed his or her permanent
18 residency to another county in this state within the time
19 period during which the registration books are closed for the
20 election (such an elector may vote only for national and
21 statewide offices and statewide issues);
22 (f) The elector has changed his or her permanent
23 residency to another state and is unable under the laws of
24 such state to vote in the general election (such an elector
25 may vote only for President and Vice President).
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27 The request for an absentee ballot made by the elector in
28 person shall be honored if the elector will be absent from the
29 precinct of his or her residence during the hours the polls
30 are open for voting on election day, and the voter agrees to
31 vote in person prior to the election. One request shall be
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1 deemed sufficient to receive an absentee ballot for all
2 elections that which are held within a calendar year, unless
3 the elector or the elector's designee indicates at the time
4 the request is made the elections for which the elector
5 desires to receive an absentee ballot. Such request may be
6 considered canceled when any first-class mail sent by the
7 supervisor to the elector is returned as undeliverable. Such
8 request may be made in person, by mail, or by telephone.
9 Section 3. Section 101.64, Florida Statutes, is
10 amended to read:
11 101.64 Delivery of absentee ballots; envelopes;
12 form.--
13 (1) The supervisor shall enclose with each absentee
14 ballot two envelopes: a secrecy envelope, into which the
15 absent elector shall enclose his or her marked ballot; and a
16 mailing envelope, into which the absent elector shall then
17 place the secrecy envelope, which shall be addressed to the
18 supervisor and also bear on the back side a certificate in
19 substantially the following form:
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21 Note: Please Read Instructions Carefully Before
22 Marking Ballot and Completing Voter's Certificate.
23 VOTER'S CERTIFICATE
24 I, ...(print name)..., do solemnly swear or affirm that
25 I am a qualified elector in this election, that I am unable to
26 attend the polls on election day because of a reason set forth
27 in s. 101.62(1), and that I have not and will not vote more
28 than one ballot in this election. I understand that failure
29 to sign this certificate and have my signature witnessed will
30 invalidate my ballot.
31 ...(Voter's Signature)...
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2 Note: Your Signature Must Be Witnessed By Two Witnesses One
3 Witness 18 Years of Age or Older as provided in Item 7. of the
4 Instruction Sheet.
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6 I swear or affirm that the elector signed this Voter's
7 Certificate in my presence.
8 ...(Signature of Witnesses Witness)...
9 ...(Address)... ...(City/State)...
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11 (2) The certificate shall be arranged on the back of
12 the mailing envelope so that the lines for the signatures of
13 the absent elector and the attesting witnesses witness are
14 across the seal of the envelope; however, no statement shall
15 appear on the envelope which indicates that a signature of the
16 voter or witness must cross the seal of the envelope. The
17 absent elector and the attesting witnesses witness shall
18 execute the certificate on the envelope. The witnesses shall
19 print their names next to their signatures and shall also list
20 their voter's registration number or driver's license number
21 for identification purposes on the certificate. The failure to
22 provide all this information invalidates the absentee ballot.
23 Section 4. Section 101.65, Florida Statutes, is
24 amended to read:
25 101.65 Instructions to absent electors.--The
26 supervisor shall enclose with each absentee ballot separate
27 printed instructions in substantially the following form:
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29 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
30 1. VERY IMPORTANT. In order to ensure that your
31 absentee ballot will be counted, it should be completed and
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1 returned as soon as possible so that it can reach the
2 supervisor of elections of the county in which your precinct
3 is located no later than 7 p.m. on the day of the election.
4 2. Mark your ballot in secret as instructed on the
5 ballot.
6 3. Place your marked ballot in the enclosed secrecy
7 envelope.
8 4. Insert the secrecy envelope into the enclosed
9 mailing envelope which is addressed to the supervisor.
10 5. Seal the mailing envelope and completely fill out
11 the Voter's Certificate on the back of the mailing envelope.
12 6. VERY IMPORTANT. Sign your name on the line above
13 "(Voter's Signature)."
14 7. VERY IMPORTANT. In order for your absentee ballot
15 to be counted, it must include the signature and address of
16 two witnesses a witness 18 years of age or older affixed to
17 the Voter's Certificate. These witnesses must also print their
18 names next to their signatures and list their voter's
19 registration number or driver's license number for
20 identification on the certificate. No candidate may serve as
21 an attesting witness.
22 8. Mail, deliver, or have delivered the completed
23 mailing envelope. Be sure there is sufficient postage if
24 mailed.
25 9. VERY IMPORTANT. Any person perpetrating or
26 attempting to perpetrate or aid in the perpetration of any
27 fraud in connection with an absentee ballot is guilty of a
28 felony and can be imprisoned for up to 5 years.
29 Section 5. Section 104.012, Florida Statutes, is
30 amended to read:
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1 104.012 Consideration for registration; interference
2 with registration; soliciting registrations for compensation;
3 alteration of registration application.--
4 (1) Any person who gives anything of value that is
5 redeemable in cash to any person in consideration for his or
6 her becoming a registered voter commits a felony misdemeanor
7 of the third first degree, punishable as provided in s.
8 775.082, or s. 775.083, or s. 775.084. This section shall not
9 be interpreted, however, to exclude such services as
10 transportation to the place of registration or baby-sitting in
11 connection with the absence of an elector from home for
12 registering.
13 (2) A person who by bribery, menace, threat, or other
14 corruption, directly or indirectly, influences, deceives, or
15 deters or attempts to influence, deceive, or deter any person
16 in the free exercise of that person's right to register to
17 vote at any time, upon the first conviction, commits a felony
18 misdemeanor of the third first degree, punishable as provided
19 in s. 775.082, or s. 775.083, or s. 775.084, and, upon any
20 subsequent conviction, commits a felony of the second third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 (3) A person may not solicit or pay another person to
24 solicit voter registrations for compensation that is based
25 upon the number of registrations obtained. A person who
26 violates the provisions of this subsection commits a felony
27 misdemeanor of the third first degree, punishable as provided
28 in s. 775.082, or s. 775.083, or s. 775.084.
29 (4) A person who alters the voter registration
30 application of any other person, without the other person's
31 knowledge and consent, commits a felony misdemeanor of the
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1 third first degree, punishable as provided in s. 775.082, or
2 s. 775.083, or s. 775.084.
3 Section 6. Section 104.013, Florida Statutes, is
4 amended to read:
5 104.013 Unauthorized use, possession, or destruction
6 of voter registration identification card.--
7 (1) It is unlawful for any person knowingly to have in
8 his or her possession any blank, forged, stolen, fictitious,
9 counterfeit, or unlawfully issued voter registration
10 identification card unless possession by such person has been
11 duly authorized by the supervisor.
12 (2) It is unlawful for any person to barter, trade,
13 sell, or give away a voter registration identification card
14 unless said person has been duly authorized to issue a
15 registration identification card.
16 (3) It is unlawful for any person willfully to destroy
17 or deface the registration identification card of a duly
18 registered voter.
19 (4) Any person who violates any of the provisions of
20 this section commits a felony misdemeanor of the third first
21 degree, punishable as provided in s. 775.082, or s. 775.083,
22 or s. 775.084.
23 Section 7. Section 104.031, Florida Statutes, is
24 amended to read:
25 104.031 False declaration to secure assistance in
26 preparing ballot.--Any person who makes a false declaration
27 for assistance in voting, or in the preparation of his or her
28 ballot, in any election is guilty of a felony misdemeanor of
29 the third first degree, punishable as provided in s. 775.082,
30 or s. 775.083, or s. 775.084.
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1 Section 8. Section 104.042, Florida Statutes, is
2 created to read:
3 104.042 Fraud or misconduct in connection with an
4 absentee ballot.--Any person perpetrating or attempting to
5 perpetrate or aid in the perpetration of any fraud or
6 misconduct in connection with an absentee ballot is guilty of
7 a felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084. Conduct prohibited by this
9 section includes, but is not limited to, false witnessing of
10 an absentee ballot, obtaining an absentee ballot from election
11 authorities through misrepresentation or false promises,
12 unlawful possession of an unopened envelope containing an
13 absentee ballot, willful interference without authority in the
14 delivery by election officials of an absentee ballot to a
15 voter, and using a false address to allow registration or
16 voting in an election in which that person would not otherwise
17 be eligible to vote.
18 Section 9. Section 104.043, Florida Statutes, is
19 created to read:
20 104.043 Presumption if in possession of altered or
21 fraudulent absentee ballot.--Proof of possession of an altered
22 or fraudulent absentee ballot, unless satisfactorily
23 explained, gives rise to an inference that the person in
24 possession had knowledge of the alteration or fraud.
25 Section 10. Section 104.045, Florida Statutes, is
26 amended to read:
27 104.045 Vote selling.--Any person who:
28 (1) Corruptly offers to vote for or against, or to
29 refrain from voting for or against, any candidate in any
30 election in return for pecuniary or other benefit; or
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1 (2) Accepts a pecuniary or other benefit in exchange
2 for a promise to vote for or against, or to refrain from
3 voting for or against, any candidate in any election,
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5 is guilty of a felony misdemeanor of the third first degree,
6 punishable as provided in s. 775.082, or s. 775.083, or s.
7 775.084.
8 Section 11. Section 104.051, Florida Statutes, is
9 amended to read:
10 104.051 Violations; neglect of duty; corrupt
11 practices.--
12 (1) Any official who willfully violates any of the
13 provisions of this election code shall be excluded from the
14 polls. Any election official who is excluded shall be replaced
15 as provided in this code.
16 (2) Any official who willfully refuses or willfully
17 neglects to perform his or her duties as prescribed by this
18 election code is guilty of a misdemeanor of the first degree,
19 punishable as provided in s. 775.082 or s. 775.083.
20 (3) Any official who performs his or her duty as
21 prescribed by this election code fraudulently or corruptly is
22 guilty of a felony of the third degree, punishable as provided
23 in s. 775.082, s. 775.083, or s. 775.084.
24 (4) Any supervisor, deputy supervisor, or election
25 employee who attempts to influence or interfere with any
26 elector voting a ballot is guilty of a felony misdemeanor of
27 the third first degree, punishable as provided in s. 775.082,
28 or s. 775.083, or s. 775.084.
29 Section 12. Section 104.0515, Florida Statutes, is
30 amended to read:
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1 104.0515 Voting rights; deprivation of, or
2 interference with, prohibited; penalty.--
3 (1) All citizens of this state who are otherwise
4 qualified by law to vote at any election by the people in this
5 state or in any district, county, city, town, municipality,
6 school district, or other subdivision of this state shall be
7 entitled and allowed to vote at all such elections without
8 distinction according to race, color, or previous condition of
9 servitude, notwithstanding any law, ordinance, regulation,
10 custom, or usage to the contrary.
11 (2) No person acting under color of law shall:
12 (a) In determining whether any individual is qualified
13 under law to vote in any election, apply any standard,
14 practice, or procedure different from the standards,
15 practices, or procedures applied under law to other
16 individuals within the same political subdivision who have
17 been found to be qualified to vote; or
18 (b) Deny the right of any individual to vote in any
19 election because of an error or omission on any record or
20 paper relating to any application, registration, or other act
21 requisite to voting, if such error or omission is not material
22 in determining whether such individual is qualified under law
23 to vote in such election. This paragraph shall apply to
24 absentee ballots only if there is a pattern or history of
25 discrimination on the basis of race, color, or previous
26 condition of servitude in regard to absentee ballots.
27 (3) No person, whether acting under color of law or
28 otherwise, shall intimidate, threaten, or coerce, or attempt
29 to intimidate, threaten, or coerce, any other person for the
30 purpose of interfering with the right of such other person to
31 vote or not to vote as that person may choose, or for the
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1 purpose of causing such other person to vote for, or not vote
2 for, any candidate for any office at any general, special, or
3 primary election held solely or in part for the purpose of
4 selecting or electing any such candidate.
5 (4) No voting qualification or prerequisite to voting,
6 and no standard, practice, or procedure, shall be imposed or
7 applied by any political subdivision of this state to deny or
8 abridge the right of any citizen to vote on account of race or
9 color.
10 (5) Any person who violates the provisions of this
11 section is guilty of a felony misdemeanor of the third first
12 degree, punishable as provided in s. 775.082, or s. 775.083,
13 or s. 775.084.
14 Section 13. Section 104.061, Florida Statutes, is
15 amended to read:
16 104.061 Corruptly influencing voting.--
17 (1) Whoever by bribery, menace, threat, or other
18 corruption whatsoever, either directly or indirectly, attempts
19 to influence, deceive, or deter any elector in voting or
20 interferes with him or her in the free exercise of the
21 elector's right to vote at any election is guilty of a felony
22 misdemeanor of the third first degree, punishable as provided
23 in s. 775.082, or s. 775.083, or s. 775.084 for the first
24 conviction, and a felony of the second third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084, for any subsequent conviction.
27 (2) No person shall directly or indirectly give or
28 promise anything of value to another intending thereby to buy
29 that person's or another's vote or to corruptly influence that
30 person or another in casting his or her vote. Any person who
31 violates this subsection is guilty of a felony of the third
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084. However, this subsection shall not apply to the
3 serving of food to be consumed at a political rally or meeting
4 or to any item of nominal value which is used as a political
5 advertisement, including a campaign message designed to be
6 worn by a person.
7 Section 14. Section 104.081, Florida Statutes, is
8 amended to read:
9 104.081 Threats of employers to control votes of
10 employees.--It shall be unlawful for any person having one or
11 more persons in his or her service as employees to discharge
12 or threaten to discharge any employee in his or her service
13 for voting or not voting in any election, state, county, or
14 municipal, for any candidate or measure submitted to a vote of
15 the people. Any person who violates the provisions of this
16 section is guilty of a felony misdemeanor of the third first
17 degree, punishable as provided in s. 775.082, or s. 775.083,
18 or s. 775.084.
19 Section 15. Section 104.185, Florida Statutes, is
20 amended to read:
21 104.185 Petitions; knowingly signing more than once;
22 signing another person's name or a fictitious name.--
23 (1) A person who knowingly signs a petition or
24 petitions for a candidate, a minor political party, or an
25 issue more than one time commits a felony misdemeanor of the
26 third first degree, punishable as provided in s. 775.082, or
27 s. 775.083, or s. 775.084.
28 (2) A person who signs another person's name or a
29 fictitious name to any petition to secure ballot position for
30 a candidate, a minor political party, or an issue commits a
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1 felony misdemeanor of the third first degree, punishable as
2 provided in s. 775.082, or s. 775.083, or s. 775.084.
3 Section 16. This act shall take effect July 1, 1998.
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6 SENATE SUMMARY
7 Amends various sections of the Florida Election Code.
Provides procedures for requesting absentee ballots, and
8 modifies the form for the secrecy envelope for such
ballots. Modifies the instructions to absentee electors.
9 Increases the criminal penalty for violations or
provisions of the code including unlawful acts relating
10 to registration of voters, unauthorized use or
destruction of a voter registration identification card,
11 false declarations to secure assistance in preparing a
ballot, perpetrating or aiding in the perpetration of any
12 fraud or misconduct in connection with an absentee
ballot, vote selling, specified corrupt practices,
13 interference with or deprivation of voting rights,
corruptly influencing voting, and threats to employees.
14 (See bill for details.)
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