House Bill 3683

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    Florida House of Representatives - 1998                HB 3683

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         98.471, F.S.; requiring photo identification of

  4         electors at the polls; amending ss. 101.045,

  5         101.111, 101.22, 101.47, 101.49, and 101.5608,

  6         F.S., relating to various voting procedures at

  7         the polls, to conform; creating s. 104.036,

  8         F.S.; providing a penalty for using fraudulent

  9         photo identification; creating s. 101.637,

10         F.S.; prohibiting an individual from witnessing

11         more than three absentee ballots for any given

12         election; providing exceptions; providing a

13         penalty; amending s. 101.64, F.S.; revising the

14         form of the voter's certificate to include a

15         space for witnesses to provide a required

16         identification number; amending s. 101.65,

17         F.S.; including in the instructions to absent

18         electors the requirement that witnesses provide

19         a number from an authorized form of

20         identification; amending ss. 101.68 and

21         163.511, F.S., relating to canvassing of

22         absentee ballots and referenda on special

23         neighborhood improvement districts,

24         respectively, to conform; amending s. 104.045,

25         F.S.; increasing the penalty applicable to vote

26         selling; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 98.471, Florida Statutes, is

31  amended to read:

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  1         98.471  Use of precinct register at polls.--The

  2  precinct register, as prescribed in s. 98.461, may be used at

  3  the polls in lieu of the registration books for the purpose of

  4  identifying the elector at the polls prior to allowing him or

  5  her to vote. The clerk or inspector shall require each

  6  elector, upon entering the polling place, to present both a

  7  form of photo identification and one of the forms of

  8  identification which are on the list of forms approved by the

  9  Department of State pursuant to s. 98.461; however, if the

10  form of identification authorized under s. 98.461 and

11  presented at the polling place is also a form of photo

12  identification, only that form of identification is required.

13  After presenting such identification, the elector shall sign

14  his or her name in the space provided, and the clerk or

15  inspector shall compare the signature with that on the

16  identification provided by the elector and enter his or her

17  initials in the space provided and allow the elector to vote

18  if the clerk or inspector is satisfied as to the identity of

19  the elector. If the elector fails to furnish the required

20  identification, or if the clerk or inspector is in doubt as to

21  the identity of the elector, such clerk or inspector shall

22  follow the procedure prescribed in s. 101.49. The precinct

23  register may also contain the information set forth in s.

24  101.47(8) and, if so, the inspector shall follow the procedure

25  required in s. 101.47, except that the identification provided

26  by the elector shall be used for the signature comparison.

27         Section 2.  Subsection (2) of section 101.045, Florida

28  Statutes, is amended to read:

29         101.045  Electors must be registered in precinct;

30  provisions for residence or name change.--

31

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  1         (2)(a)  An elector who moves from the precinct within

  2  the county in which the elector is registered may be permitted

  3  to vote in the precinct to which he or she has moved his or

  4  her legal residence, provided such elector completes an

  5  affirmation in substantially the following form:

  6

  7             Change of Legal Residence of Registered

  8                              Voter

  9

10  Under penalties for false swearing, I, ...(Name of voter)...,

11  swear (or affirm) that the former address of my legal

12  residence was ...(Address of legal residence)... in the

13  municipality of ...., in .... County, Florida, and I was

14  registered to vote in the .... precinct of .... County,

15  Florida; that I have not voted in the precinct of my former

16  registration in this election; that I now reside at

17  ...(Address of legal residence)... in the Municipality of

18  ...., in .... County, Florida, and am therefore eligible to

19  vote in the .... precinct of .... County, Florida; and I

20  further swear (or affirm) that I am otherwise legally

21  registered and entitled to vote.

22

23     ...(Signature of voter whose address of legal residence has

24  changed)...

25

26         (b)  An elector whose name changes because of marriage

27  or other legal process may be permitted to vote, provided such

28  elector completes an affirmation in substantially the

29  following form:

30

31                   Change of Name of Registered

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  1                              Voter

  2

  3  Under penalties for false swearing, I, ...(New name of

  4  voter)..., swear (or affirm) that my name has been changed

  5  because of marriage or other legal process. My former name and

  6  address of legal residence appear on the registration books of

  7  precinct .... as follows:

  8  Name..........................................................

  9  Address.......................................................

10  Municipality..................................................

11  County........................................................

12  Florida, Zip..................................................

13  My present name and address of legal residence are as follows:

14  Name..........................................................

15  Address.......................................................

16  Municipality..................................................

17  County........................................................

18  Florida, Zip..................................................

19  and I further swear (or affirm) that I am otherwise legally

20  registered and entitled to vote.

21

22               ...(Signature of voter whose name has changed)...

23

24         (c)  Such affirmation, when completed and presented at

25  the precinct in which such elector is entitled to vote, shall

26  entitle such elector to vote as provided in this subsection,

27  provided the elector has otherwise satisfied the

28  identification requirements of s. 98.471. Upon receipt of an

29  affirmation certifying a change in address of legal residence

30  or name, the supervisor shall as soon as practicable make the

31  necessary changes in the registration records of the county to

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  1  indicate the change in address of legal residence or name of

  2  such elector.

  3         (d)  Instead of the affirmation contained in paragraph

  4  (a) or paragraph (b), an elector may complete a voter

  5  registration application that indicates the change of name or

  6  change of address of legal residence.

  7         (e)  A request for an absentee ballot pursuant to s.

  8  101.62 which indicates that the elector has had a change of

  9  address of legal residence from that in the supervisor's

10  records shall be sufficient as the notice to the supervisor of

11  change of address of legal residence required by this section.

12  Upon receipt of such request for an absentee ballot from an

13  elector who has changed his or her address of legal residence,

14  the supervisor shall provide the elector with the proper

15  ballot for the precinct in which the elector then has his or

16  her legal residence.

17         Section 3.  Subsection (3) of section 101.111, Florida

18  Statutes, is amended to read:

19         101.111  Person desiring to vote may be challenged;

20  challenger to execute oath; oath of challenged elector;

21  determination of challenge.--

22         (3)  If the challenged person refuses to make and sign

23  the affidavit, the clerk or inspector shall refuse to allow

24  him or her to vote. If such person makes the affidavit, the

25  inspectors and clerk of election shall compare the information

26  in the affidavit with that entered on the registration books

27  opposite the person's name, and, upon such comparison of the

28  information and the person's signature, a comparison of the

29  person's appearance with that on the photo identification

30  required by s. 98.471, and the taking of other evidence which

31  may then be offered, the clerk and inspectors shall decide by

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  1  a majority vote whether the challenged person may vote. If the

  2  challenged person is unable to write or sign his or her name,

  3  the clerk or inspector shall examine the precinct register to

  4  ascertain whether the person registered under the name of such

  5  person is represented to have signed his or her name. If the

  6  person is so represented, then he or she shall be denied

  7  permission to vote without further examination; but, if not,

  8  then the clerk or one of the inspectors shall place such

  9  person under oath and orally examine him or her upon the

10  subject matter contained in the affidavit, and, if there is

11  any doubt as to the identity of such person, the clerk or

12  inspector shall compare the person's appearance with the image

13  of the person on the photo identification required by s.

14  98.471 and with the description of the person entered upon the

15  precinct register opposite the person's name. The clerk or

16  inspector shall then proceed as in other cases to determine

17  whether the challenged person may vote.

18         Section 4.  Section 101.22, Florida Statutes, is

19  amended to read:

20         101.22  Voting procedure, paper ballots.--Before any

21  paper ballot is delivered to an elector at the polls on

22  election day, one of the inspectors shall affix his or her

23  initials on the line provided on each of the two ballot stubs

24  and the elector, after submitting the identification required

25  by s. 98.471, shall sign his or her name on the line on the

26  top stub, or, if the elector is unable to write, he or she

27  shall sign his or her mark. The inspector shall compare the

28  elector with the image of the elector on the photo

29  identification provided by the elector and shall then compare

30  the signature on the ballot stub with the signature on the

31  elector's registration and, if necessary, require other

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  1  identification. If the inspector is reasonably sure that the

  2  person is entitled to vote, the inspector shall detach and

  3  retain the upper stub, and the elector shall go to the booth

  4  and mark his or her ballot and, after the elector has marked

  5  the ballot, he or she shall fold it so as to leave the stub

  6  remaining attached visible so that it can be detached without

  7  unfolding. The inspector shall compare it with the stub he or

  8  she retained and, if it is the ballot the inspector delivered

  9  to the elector, the inspector shall detach and retain the

10  remaining stub, and the elector shall then deposit the folded

11  ballot in the ballot box. But, if the marked ballot returned

12  proves to be a different one from the one delivered to the

13  elector, the inspector shall search the elector, and, if the

14  original ballot is found on the elector's person, the

15  inspector shall take possession of the ballot and discharge

16  the elector from the polling place without permitting him or

17  her to vote.  An inspector of elections, where paper ballots

18  are used, is clothed with such police power as is necessary to

19  carry out the provisions of this section.

20         Section 5.  Subsections (1) and (2) of section 101.47,

21  Florida Statutes, are amended to read:

22         101.47  Requirements before elector enters voting

23  machine booth.--

24         (1)  Whenever voting machines are used, each elector

25  desiring to vote shall identify himself or herself to the

26  clerk or an inspector of the election as a duly qualified

27  elector at such election by submitting the identification

28  required by s. 98.471 and by signing his or her signature, in

29  ink or indelible pencil, to an identification blank or slip

30  which is in substantially the form provided by this code.

31

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  1         (2)  The clerk or inspector shall compare the elector

  2  with the image of the elector on the photo identification

  3  provided by the elector, and, if satisfied that the person in

  4  the photo identification is the elector, the clerk or elector

  5  shall proceed to verify the signature of the elector on the

  6  identification slip. The clerk or inspector shall compare the

  7  signature with the signature of the elector upon the

  8  registration books, and, if satisfied that the signature is

  9  the same, the clerk or inspector then shall initial the slip

10  in the place provided and the initials shall constitute an

11  oath or affirmation of the fact stated by the clerk or

12  inspector above his or her initials.

13         Section 6.  Subsection (1) of section 101.49, Florida

14  Statutes, is amended to read:

15         101.49  Procedure of election officers where photo

16  identification is not conclusive or signatures differ.--

17         (1)  Whenever any clerk or inspector, upon a just

18  examination of the photo identification and a just comparison

19  of the signature, doubts shall doubt that the person in the

20  photo identification presented by an elector at the polls is

21  that elector or that the handwriting affixed to a signature

22  identification slip of any elector who presents himself or

23  herself at the polls to vote is the same as the signature of

24  the elector affixed in the registration book, the clerk or

25  inspector shall deliver to the person an affidavit which shall

26  be in substantially the following form:

27

28  STATE OF FLORIDA,

29  COUNTY OF .....

30         I do solemnly swear (or affirm) that my name is ....;

31  that I am .... years old; that I was born in the State of

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  1  ....; that I am registered to vote, and at the time I

  2  registered I resided on .... Street, in the municipality of

  3  ...., County of ...., State of Florida; that I am a qualified

  4  voter of the county and state aforesaid and have not voted in

  5  this election.

  6                                      ...(Signature of voter)...

  7         Sworn to and subscribed before me this .... day of

  8  ...., A. D. 19.....

  9                          ...(Clerk or inspector of election)...

10                                              Precinct No. .....

11                                                 County of .....

12

13         Section 7.  Subsection (1) of section 101.5608, Florida

14  Statutes, is amended to read:

15         101.5608  Voting by electronic or electromechanical

16  method; procedures.--

17         (1)  Each elector desiring to vote shall be identified

18  to the clerk or inspector of the election as a duly qualified

19  elector of such election by submitting the identification

20  required by s. 98.471 and shall then sign his or her name in

21  ink or indelible pencil to an identification blank, signature

22  slip, precinct register, or ballot stub on which the ballot

23  serial number may be recorded. The inspector shall compare the

24  elector with the image of the elector on the photo

25  identification provided by the elector and shall then compare

26  the signature on the identification blank, signature slip,

27  precinct register, or ballot stub with the signature on the

28  identification provided by the elector. If the inspector is

29  reasonably sure that the person is entitled to vote, the

30  inspector shall provide the person with a ballot.

31

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  1         Section 8.  Section 104.036, Florida Statutes, is

  2  created to read:

  3         104.036  Presenting fraudulent photo identification at

  4  the polls.--Any person who, upon entering the polling place to

  5  vote, knowingly and willfully presents to the clerk or an

  6  inspector a fraudulent photo identification commits a felony

  7  of the third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084.

  9         Section 9.  Section 101.637, Florida Statutes, is

10  created to read:

11         101.637  Restrictions on witnessing absentee ballots;

12  penalty.--An individual may not witness more than three

13  absentee ballots for any given election; however, this

14  restriction does not apply to the supervisor of elections, any

15  deputy supervisor or other employee of the supervisor, or any

16  person authorized by the supervisor to conduct absentee

17  balloting. A person who violates this section commits a felony

18  of the third degree, punishable as provided in s. 775.082 or

19  s. 775.083.

20         Section 10.  Subsection (1) of section 101.64, Florida

21  Statutes, is amended to read:

22         101.64  Delivery of absentee ballots; envelopes;

23  form.--

24         (1)  The supervisor shall enclose with each absentee

25  ballot two envelopes:  a secrecy envelope, into which the

26  absent elector shall enclose his or her marked ballot; and a

27  mailing envelope, into which the absent elector shall then

28  place the secrecy envelope, which shall be addressed to the

29  supervisor and also bear on the back side a certificate in

30  substantially the following form:

31

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  1         Note:  Please Read Instructions Carefully Before

  2        Marking Ballot and Completing Voter's Certificate.

  3                       VOTER'S CERTIFICATE

  4         I, ...(print name)..., do solemnly swear or affirm that

  5  I am a qualified elector in this election, that I am unable to

  6  attend the polls on election day, and that I have not and will

  7  not vote more than one ballot in this election.  I understand

  8  that failure to sign this certificate and have my signature

  9  witnessed will invalidate my ballot.

10                                       ...(Voter's Signature)...

11

12  Note:  Your Signature Must Be Witnessed By One Witness 18

13  Years of Age or Older as provided in Item 7. of the

14  Instruction Sheet.

15

16         I swear or affirm that the elector signed this Voter's

17  Certificate in my presence.

18                   ...(Signature of Witness)...

19  ...(Address)...                             ...(City/State)...

20

21        ...(Authorized identification type and number)...

22

23         Section 11.  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, and

16  type and number of an authorized form of identification of a

17  witness 18 years of age or older affixed to the Voter's

18  Certificate; however,. no candidate may serve as an attesting

19  witness. Authorized forms of identification are as follows:

20         a.  A voter registration identification card issued by

21  a supervisor of elections in this state;

22         b.  An identification card or driver's license issued

23  by the Department of Highway Safety and Motor Vehicles;

24         c.  A passport issued by the Department of State of the

25  United States; or

26         d.  Any of the following forms of identification, if

27  the document is current or has been issued within the past 5

28  years and bears a serial or other identifying number, and, if

29  the document is a passport, the document is stamped by the

30  United States Immigration and Naturalization Service:

31         (I)  A passport issued by a foreign government;

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  1         (II)  A voter registration identification card issued

  2  by a territory of the United States or a state other than

  3  Florida;

  4         (III)  A driver's license issued by a territory of the

  5  United States or a state other than Florida or by a Canadian

  6  or Mexican public agency authorized to issue drivers'

  7  licenses;

  8         (IV)  An identification card issued by a territory of

  9  the United States or a state other than Florida;

10         (V)  An identification card issued by any branch of the

11  armed forces of the United States;

12         (VI)  An inmate identification card issued on or after

13  January 1, 1991, by the Department of Corrections for an

14  inmate who is in the custody of that department; or

15         (VII)  An identification card issued by the United

16  States Department of Justice, Immigration and Naturalization

17  Service.

18         8.  Mail, deliver, or have delivered the completed

19  mailing envelope. Be sure there is sufficient postage if

20  mailed.

21         Section 12.  Paragraph (c) of subsection (2) of section

22  101.68, Florida Statutes, is amended to read:

23         101.68  Canvassing of absentee ballot.--

24         (2)

25         (c)1.  The canvassing board shall, if the supervisor

26  has not already done so, compare the signature of the elector

27  on the voter's certificate with the signature of the elector

28  in the registration books to see that the elector is duly

29  registered in the county and to determine the legality of that

30  absentee ballot.  An absentee ballot shall be considered

31  illegal if it does not include the signature of the elector,

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  1  as shown by the registration records, and the signature, and

  2  address, and type and number of an authorized form of

  3  identification of an attesting witness.  However, an absentee

  4  ballot shall not be considered illegal if the signature of the

  5  elector or attesting witness does not cross the seal of the

  6  mailing envelope. If the canvassing board determines that any

  7  ballot is illegal, a member of the board shall, without

  8  opening the envelope, mark across the face of the envelope:

  9  "rejected as illegal."  The envelope and the ballot contained

10  therein shall be preserved in the manner that official ballots

11  voted are preserved.

12         2.  If any elector or candidate present believes that

13  an absentee ballot is illegal due to a defect apparent on the

14  voter's certificate, he or she may, at any time before the

15  ballot is removed from the envelope, file with the canvassing

16  board a protest against the canvass of that ballot, specifying

17  the precinct, the ballot, and the reason he or she believes

18  the ballot to be illegal. A challenge based upon a defect in

19  the voter's certificate may not be accepted after the ballot

20  has been removed from the mailing envelope.

21         Section 13.  Paragraph (a) of subsection (5) and

22  subsection (6) of section 163.511, Florida Statutes, are

23  amended to read:

24         163.511  Special neighborhood improvement districts;

25  creation; referendum; board of directors; duration;

26  extension.--

27         (5)(a)  The city clerk or the supervisor of elections,

28  whichever is appropriate, shall enclose with each ballot sent

29  pursuant to this section two envelopes:  a secrecy envelope,

30  into which the elector or freeholder shall enclose the marked

31  ballot; and a mailing envelope, into which the elector or

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  1  freeholder shall then place the secrecy envelope, which shall

  2  be addressed to the city clerk or the supervisor of elections.

  3  The back side of the mailing envelope shall bear a certificate

  4  in substantially the following form:

  5

  6         Note:  Please Read Instructions Carefully Before

  7        Marking Ballot and Completing Voter's Certificate.

  8

  9                       VOTER'S CERTIFICATE

10

11         I, ...., am a duly qualified and registered ...(voter

12  or freeholder, whichever is appropriate)... of the proposed

13  ...(name)... ...(Special Residential or Business, whichever is

14  appropriate)... Neighborhood Improvement District; and I am

15  entitled to vote this ballot.  I do solemnly swear or affirm

16  that I have not and will not vote more than one ballot in this

17  election.  I understand that failure to sign this certificate

18  and have my signature witnessed will invalidate my ballot.

19                                       ...(Voter's Signature)...

20  Note:  Your Signature Must Be Witnessed By One Witness 18

21  Years of Age or Older as provided in Item 7. of the

22  Instruction Sheet.

23         I swear or affirm that the elector signed this Voter's

24  Certificate in my presence.

25

26                   ...(Signature of Witness)...

27  ...(Address)...                             ...(City/State)...

28

29        ...(Authorized identification type and number)...

30

31

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  1         (6)  The city clerk or the supervisor of elections

  2  shall enclose with each ballot sent to an elector or

  3  freeholder pursuant to this section separate printed

  4  instructions in substantially the following form:

  5

  6                READ THESE INSTRUCTIONS CAREFULLY

  7                      BEFORE MARKING BALLOT.

  8         1.  VERY IMPORTANT.  In order to ensure that your

  9  ballot will be counted, it should be completed and returned as

10  soon as possible so that it can reach the city clerk or the

11  supervisor of elections no later than 7 p.m. on the (final day

12  of the 120-day period given here).

13         2.  Mark your ballot in secret as instructed on the

14  ballot.

15         3.  Place your marked ballot in the enclosed secrecy

16  envelope.

17         4.  Insert the secrecy envelope into the enclosed

18  mailing envelope, which is addressed to the city clerk or the

19  supervisor of elections.

20         5.  Seal the mailing envelope and completely fill out

21  the Voter's Certificate on the back of the mailing envelope.

22         6.  VERY IMPORTANT.  Sign your name on the line

23  provided for "(Voter's Signature)."

24         7.  VERY IMPORTANT.  In order for your ballot to be

25  counted, it must include the signature, and address, and type

26  and number of an authorized form of identification of a

27  witness 18 years of age or older affixed to the Voter's

28  Certificate. Authorized forms of identification are as

29  follows:

30         a.  A voter registration identification card issued by

31  a supervisor of elections in this state;

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  1         b.  An identification card or driver's license issued

  2  by the Department of Highway Safety and Motor Vehicles;

  3         c.  A passport issued by the Department of State of the

  4  United States; or

  5         d.  Any of the following forms of identification, if

  6  the document is current or has been issued within the past 5

  7  years and bears a serial or other identifying number, and, if

  8  the document is a passport, the document is stamped by the

  9  United States Immigration and Naturalization Service:

10         (I)  A passport issued by a foreign government;

11         (II)  A voter registration identification card issued

12  by a territory of the United States or a state other than

13  Florida;

14         (III)  A driver's license issued by a territory of the

15  United States or a state other than Florida or by a Canadian

16  or Mexican public agency authorized to issue drivers'

17  licenses;

18         (IV)  An identification card issued by a territory of

19  the United States or a state other than Florida;

20         (V)  An identification card issued by any branch of the

21  armed forces of the United States;

22         (VI)  An inmate identification card issued on or after

23  January 1, 1991, by the Department of Corrections for an

24  inmate who is in the custody of that department; or

25         (VII)  An identification card issued by the United

26  States Department of Justice, Immigration and Naturalization

27  Service.

28         8.  Mail, deliver, or have delivered the completed

29  mailing envelope. Be sure there is sufficient postage if

30  mailed.

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3683

    553-138A-98






  1         Section 14.  Section 104.045, Florida Statutes, is

  2  amended to read:

  3         104.045  Vote selling.--Any person who:

  4         (1)  Corruptly offers to vote for or against, or to

  5  refrain from voting for or against, any candidate in any

  6  election in return for pecuniary or other benefit; or

  7         (2)  Accepts a pecuniary or other benefit in exchange

  8  for a promise to vote for or against, or to refrain from

  9  voting for or against, any candidate in any election,

10

11  commits 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 15.  This act shall take effect January 1 of

15  the year after the year in which enacted.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Requires photo identification of electors at the polls,
20    and provides that submitting fraudulent photo
      identification is a third degree felony.
21

22    Prohibits an individual, other than a supervisor of
      elections, a deputy supervisor or other employee of the
23    supervisor, or other person authorized by the supervisor
      to conduct absentee voting, from witnessing more than
24    three absentee ballots for any given election. Includes
      in the instructions to absent electors the requirement
25    that ballot witnesses provide the number from an
      authorized form of identification, and revises the form
26    of the voter's certificate to conform. Amends provisions
      relating to canvassing of absentee ballots and referenda
27    on special neighborhood improvement districts, to
      conform.
28

29    Increases the penalty for vote selling from a first
      degree misdemeanor to a third degree felony.
30

31    See bill for details.

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