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:

10

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).

26

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:

20

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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  1

  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.

  5

  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)...

10

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:

28

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

31

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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,

  4

  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

31

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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.

  4

  5            *****************************************

  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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