House Bill 3683c1

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    Florida House of Representatives - 1998             CS/HB 3683

        By the Committee on Election Reform and Representative
    Diaz de la Portilla





  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title that designates the act the "Truth in

  4         Voting Act of 1998"; amending s. 98.015, F.S.;

  5         providing that supervisors of elections shall

  6         provide information to property appraisers

  7         regarding homestead exemptions; requiring

  8         supervisors to provide for certain training in

  9         handwriting comparison; amending s. 97.052,

10         F.S.; requiring certain information relating to

11         homestead exemption and an applicant's social

12         security number to be included in and elicited

13         by the uniform statewide voter registration

14         application; creating s. 98.0975, F.S.;

15         providing for periodic list maintenance of the

16         central voter file; requiring the Division of

17         Elections to compare information in the central

18         voter file with other computer databases for

19         the sole purpose of determining voter

20         eligibility; amending s. 98.471, F.S.;

21         requiring photo identification of electors at

22         the polls; amending ss. 101.045, 101.111,

23         101.22, 101.47, 101.49 and 101.5608, F.S.,

24         relating to various voting procedures at the

25         polls, to conform; amending s. 101.5611, F.S.;

26         requiring the posting of notice at polling

27         places explaining penalties for certain crimes;

28         amending s. 101.64, F.S.; revising the form of

29         the voter's certificate to include a warning of

30         the penalties for voting fraud, a warning of

31         the penalties for false swearing, and a space

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  1         for witnesses to provide their full printed

  2         name and required identification type and

  3         number; amending s. 101.65, F.S.; providing

  4         that instructions to absentee voters include

  5         the requirement that witnesses provide their

  6         full printed name and the type and number of an

  7         authorized form of identification; specifying

  8         the authorized forms of identification in the

  9         instructions sent to absent electors; amending

10         s. 101.68, F.S.; providing that an absentee

11         ballot is illegal if it does not include the

12         full printed name and type and number of an

13         authorized form of identification of an

14         attesting witness; requiring that supervisors

15         of elections notify each elector whose ballot

16         was rejected as illegal based on discrepancies

17         in signatures; requiring supervisors of

18         elections to request updated signatures;

19         amending s. 163.511, F.S., relating to

20         referenda on special neighborhood improvement

21         districts; revising the form of the voter's

22         certificate to include a warning of the

23         penalties for voting fraud, a warning of the

24         penalties for false swearing, and a space for

25         witnesses to provide their full printed name

26         and the type and number of an authorized form

27         of identification; specifying the authorized

28         forms of identification in the voter

29         instructions; amending s. 102.012, F.S.;

30         authorizing any person who is preregistered and

31         otherwise qualified to be appointed and serve

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  1         as a member of an election board; amending s.

  2         104.012, F.S.; increasing the penalty for

  3         giving anything redeemable in cash in

  4         consideration for registration, for interfering

  5         with registration, for soliciting registration

  6         for compensation, and for altering a voter

  7         registration application; amending s. 104.013,

  8         F.S.; increasing the penalty for the

  9         unauthorized use, possession, or destruction of

10         a voter registration identification card;

11         creating s. 104.036, F.S.; providing a penalty

12         for presenting fraudulent photo identification

13         at the polls; amending s. 104.045, F.S.;

14         increasing the penalty applicable for vote

15         selling; creating s. 104.047, F.S.; providing

16         penalties for offenses relating to absentee

17         ballots and voting; amending s. 104.051, F.S.;

18         changing the standard of proof for conviction

19         of an election official or employee influencing

20         or interfering with an elector voting a ballot

21         and increasing the applicable penalty; amending

22         s. 104.24, F.S.; increasing the penalty for

23         fraudulently using a name other than one's own

24         in any part of the election process or in

25         voting; creating s. 104.45, F.S.; disqualifying

26         candidates and public officers from holding

27         office upon a finding of guilt for certain

28         violations; creating s. 101.667, F.S.;

29         providing for certification of certain absentee

30         ballot witnesses; providing a penalty for undue

31         influence or interference with an elector in

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  1         the process of voting by such a witness;

  2         amending s. 196.141, F.S.; providing that

  3         property appraisers shall review referrals from

  4         supervisors of elections in order to determine

  5         if homestead exemption is illegal; providing an

  6         appropriation; providing severability;

  7         providing effective dates.

  8

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

10

11         Section 1.  This act may be cited as the "Truth in

12  Voting Act of 1998."

13         Section 2.  Subsections (11) and (12) are added to

14  section 98.015, Florida Statutes, to read:

15         98.015  Supervisor of elections; election, tenure of

16  office, compensation, custody of books, office hours,

17  successor, seal; appointment of deputy supervisors; duties.--

18         (11)  Each supervisor must forward, to the property

19  appraiser for the county in which the homestead is claimed,

20  the name of the person and the address of the homestead of

21  each person who registers to vote at an address other than

22  that at which the person claims a homestead exemption, as

23  disclosed on the uniform statewide voter registration

24  application pursuant to s. 97.052.

25         (12)  Each supervisor must provide for adequate

26  training in handwriting comparison for members of the county

27  canvassing board and employees who verify signatures of

28  voters.

29         Section 3.  Subsections (2) and (3) of section 97.052,

30  Florida Statutes, are amended to read:

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  1         97.052  Uniform statewide voter registration

  2  application.--

  3         (2)  The uniform statewide voter registration

  4  application must be designed to elicit the following

  5  information from the applicant:

  6         (a)  Full name.

  7         (b)  Date of birth.

  8         (c)  Address of legal residence.

  9         (d)  Mailing address, if different.

10         (e)  County of legal residence.

11         (f)  Address of property for which the applicant has

12  been granted a homestead exemption, if any.

13         (g)(f)  Race or ethnicity that best describes the

14  applicant:

15         1.  American Indian or Alaskan Native.

16         2.  Asian or Pacific Islander.

17         3.  Black, not Hispanic.

18         4.  White, not Hispanic.

19         5.  Hispanic.

20         (h)(g)  Sex.

21         (i)(h)  Party affiliation.

22         (j)(i)  Whether the applicant needs assistance in

23  voting.

24         (k)(j)  Name and address where last registered.

25         (l)(k)  Last four digits of the applicant's social

26  security number (optional).

27         (m)(l)  Telephone number (optional).

28         (n)(m)  Signature of applicant under penalty for false

29  swearing pursuant to s. 104.011, by which the person

30  subscribes to the oath required by s. 3, Art. VI of the State

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  1  Constitution and s. 97.051, and swears or affirms that the

  2  information contained in the registration application is true.

  3         (o)(n)  Whether the application is being used for

  4  initial registration, to update a voter registration record,

  5  or to request a replacement registration identification card.

  6         (p)(o)  Whether the applicant is a citizen of the

  7  United States.

  8         (q)(p)  That the applicant has not been convicted of a

  9  felony or, if convicted, has had his or her civil rights

10  restored.

11         (r)(q)  That the applicant has not been adjudicated

12  mentally incapacitated with respect to voting or, if so

13  adjudicated, has had his or her right to vote restored.

14

15  The registration form shall be in plain language and designed

16  so that convicted felons whose civil rights have been restored

17  and persons who have been adjudicated mentally incapacitated

18  and have had their voting rights restored are not required to

19  reveal their prior conviction or adjudication.

20         (3)  The uniform statewide voter registration

21  application must also contain:

22         (a)  The oath required by s. 3, Art. VI of the State

23  Constitution and s. 97.051.

24         (b)  A statement specifying each eligibility

25  requirement under s. 97.041.

26         (c)  The penalties provided in s. 104.011 for false

27  swearing in connection with voter registration.

28         (d)  A statement that the disclosure of a social

29  security number is voluntary, a citation of the statutory

30  authority under which the social security number is being

31  solicited, a delineation of the uses that will be made of the

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  1  social security number, and a notice that the social security

  2  number will be open to public inspection.

  3         (d)(e)  A statement that, if an applicant declines to

  4  register to vote, the fact that the applicant has declined to

  5  register will remain confidential and may be used only for

  6  voter registration purposes.

  7         (e)(f)  A statement that informs the applicant who

  8  chooses to register to vote or update a voter registration

  9  record that the office at which the applicant submits a voter

10  registration application or updates a voter registration

11  record will remain confidential and may be used only for voter

12  registration purposes.

13         (f)  A statement that informs the applicant that any

14  person who has been granted a homestead exemption in this

15  state, and who registers to vote in any precinct other than

16  the one in which the property for which the homestead

17  exemption has been granted, shall have that information

18  forwarded to the property appraiser where such property is

19  located, which may result in the person's homestead exemption

20  being terminated and the person being subject to assessment of

21  back taxes under s. 196.015, unless the homestead granted the

22  exemption is being maintained as the permanent residence of a

23  legal or natural dependent of the owner and the owner resides

24  elsewhere.

25         Section 4.  Effective upon this act becoming a law,

26  section 98.0975, Florida Statutes, is created to read:

27         98.0975  Central voter file; periodic list

28  maintenance.--

29         (1)  By August 1, 1998, the division shall provide to

30  each county supervisor of elections a list containing the

31  name, address, date of birth, race, gender, and any other

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  1  available identifying information of each person included in

  2  the central voter file as a registered voter in the

  3  supervisor's county who:

  4         (a)  Is deceased;

  5         (b)  Has been convicted of a felony and has not had his

  6  or her civil rights restored; or

  7         (c)  Has been adjudicated mentally incompetent and

  8  whose mental capacity with respect to voting has not been

  9  restored.

10         (2)  The division shall annually update the information

11  required in subsection (1) and forward the updated list to

12  each supervisor of elections by June 1 of each year.

13         (3)(a)  In order to meet its obligations under this

14  section, the division shall annually contract with a private

15  entity to compare information in the central voter file with

16  available information in other computer databases, including,

17  without limitation, databases containing reliable criminal

18  records and records of deceased persons.

19         (b)  The entity contracted by the division is

20  designated as an agent of the division for purposes of

21  administering the contract and must be limited to seeking only

22  that information which is necessary for the division to meet

23  its obligations under this section. Information obtained under

24  this section may not be used for any purpose other than

25  determining voter eligibility.

26         (4)  Upon receiving the list from the division, the

27  supervisor must remove from the registration books by the next

28  subsequent election the name of each person on the list who is

29  deceased, convicted of a felony, or adjudicated mentally

30  incapacitated with respect to voting.

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  1         Section 5.  Section 98.471, Florida Statutes, is

  2  amended to read:

  3         98.471  Use of precinct register at polls.--The

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

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

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

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

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

  9  form of photo identification and one of the forms of

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

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

12  form of identification authorized under s. 98.461 and

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

14  identification, only that form of identification is required.

15  After presenting such identification, the elector shall sign

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

17  inspector shall compare the signature with that on the

18  identification provided by the elector and enter his or her

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

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

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

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

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

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

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

26  101.47(8) and, if so, the inspector shall follow the procedure

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

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

29         Section 6.  Subsection (2) of section 101.045, Florida

30  Statutes, is amended to read:

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  1         101.045  Electors must be registered in precinct;

  2  provisions for residence or name change.--

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

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

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

  6  her legal residence, provided such elector completes an

  7  affirmation in substantially the following form:

  8

  9             Change of Legal Residence of Registered

10                              Voter

11

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

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

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

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

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

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

18  registration in this election; that I now reside at

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

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

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

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

23  registered and entitled to vote.

24

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

26  changed)...

27

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

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

30  elector completes an affirmation in substantially the

31  following form:

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  1

  2                   Change of Name of Registered

  3                              Voter

  4

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

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

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

  8  address of legal residence appear on the registration books of

  9  precinct .... as follows:

10  Name..........................................................

11  Address.......................................................

12  Municipality..................................................

13  County........................................................

14  Florida, Zip..................................................

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

16  Name..........................................................

17  Address.......................................................

18  Municipality..................................................

19  County........................................................

20  Florida, Zip..................................................

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

22  registered and entitled to vote.

23

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

25

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

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

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

29  provided the elector has otherwise satisfied the

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

31  affirmation certifying a change in address of legal residence

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

  2  necessary changes in the registration records of the county to

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

  4  such elector.

  5         (d)  Instead of the affirmation contained in paragraph

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

  7  registration application that indicates the change of name or

  8  change of address of legal residence.

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

10  101.62 which indicates that the elector has had a change of

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

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

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

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

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

16  the supervisor shall provide the elector with the proper

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

18  her legal residence.

19         Section 7.  Subsection (3) of section 101.111, Florida

20  Statutes, is amended to read:

21         101.111  Person desiring to vote may be challenged;

22  challenger to execute oath; oath of challenged elector;

23  determination of challenge.--

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

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

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

27  inspectors and clerk of election shall compare the information

28  in the affidavit with that entered on the registration books

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

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

31  person's appearance with that on the photo identification

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

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

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

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

  5  the clerk or inspector shall examine the precinct register to

  6  ascertain whether the person registered under the name of such

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

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

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

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

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

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

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

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

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

16  98.471 and with the description of the person entered upon the

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

18  inspector shall then proceed as in other cases to determine

19  whether the challenged person may vote.

20         Section 8.  Section 101.22, Florida Statutes, is

21  amended to read:

22         101.22  Voting procedure, paper ballots.--Before any

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

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

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

26  and the elector, after submitting the identification required

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

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

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

30  elector with the image of the elector on the photo

31  identification provided by the elector and shall then compare

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  1  the signature on the ballot stub with the signature on the

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

  3  identification. If the inspector is reasonably sure that the

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

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

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

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

  8  remaining attached visible so that it can be detached without

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

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

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

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

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

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

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

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

17  inspector shall take possession of the ballot and discharge

18  the elector from the polling place without permitting him or

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

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

21  carry out the provisions of this section.

22         Section 9.  Subsections (1) and (2) of section 101.47,

23  Florida Statutes, are amended to read:

24         101.47  Requirements before elector enters voting

25  machine booth.--

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

27  desiring to vote shall identify himself or herself to the

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

29  elector at such election by submitting the identification

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

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

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

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

  4  with the image of the elector on the photo identification

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

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

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

  8  identification slip. The clerk or inspector shall compare the

  9  signature with the signature of the elector upon the

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

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

12  in the place provided and the initials shall constitute an

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

14  inspector above his or her initials.

15         Section 10.  Subsection (1) of section 101.49, Florida

16  Statutes, is amended to read:

17         101.49  Procedure of election officers where photo

18  identification is not conclusive or signatures differ.--

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

20  examination of the photo identification and a just comparison

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

22  photo identification presented by an elector at the polls is

23  that elector or that the handwriting affixed to a signature

24  identification slip of any elector who presents himself or

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

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

27  inspector shall deliver to the person an affidavit which shall

28  be in substantially the following form:

29

30  STATE OF FLORIDA,

31  COUNTY OF .....

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

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

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

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

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

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

  7  this election.

  8                                      ...(Signature of voter)...

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

10  ...., A. D. 19.....

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

12                                              Precinct No. .....

13                                                 County of .....

14

15         Section 11.  Subsection (1) of section 101.5608,

16  Florida Statutes, is amended to read:

17         101.5608  Voting by electronic or electromechanical

18  method; procedures.--

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

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

21  elector of such election by submitting the identification

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

23  ink or indelible pencil to an identification blank, signature

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

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

26  elector with the image of the elector on the photo

27  identification provided by the elector and shall then compare

28  the signature on the identification blank, signature slip,

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

30  identification provided by the elector. If the inspector is

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

  2  inspector shall provide the person with a ballot.

  3         Section 12.  Subsection (3) is added to section

  4  101.5611, Florida Statutes, to read:

  5         101.5611  Instructions to electors.--

  6         (3)  The supervisor of elections shall have posted at

  7  each polling place a notice that reads:  "A person who commits

  8  or attempts to commit any fraud in connection with voting,

  9  votes a fraudulent ballot, or votes more than once in an

10  election can be convicted of a felony of the third degree and

11  fined up to $5,000 and/or imprisoned for up to 5 years."

12         Section 13.  Subsection (1) of section 101.64, Florida

13  Statutes, is amended to read:

14         101.64  Delivery of absentee ballots; envelopes;

15  form.--

16         (1)  The supervisor shall enclose with each absentee

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

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

19  mailing envelope, into which the absent elector shall then

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

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

22  substantially the following form:

23

24         Note:  Please Read Instructions Carefully Before

25        Marking Ballot and Completing Voter's Certificate.

26

27                       VOTER'S CERTIFICATE

28

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

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

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

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

  2  that if I commit or attempt to commit any fraud in connection

  3  with voting, vote a fraudulent ballot, or vote more than once

  4  in an election, I can be convicted of a felony of the third

  5  degree and fined up to $5,000 and/or imprisoned for up to 5

  6  years.  I also understand that failure to sign this

  7  certificate and have my signature witnessed will invalidate my

  8  ballot.

  9                                       ...(Voter's Signature)...

10

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

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

13  Instruction Sheet.

14

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

16  Certificate in my presence.  I understand that a person who

17  willfully swears or affirms information that is false in

18  connection with or arising out of voting or elections commits

19  a felony of the third degree, which is punishable by a fine of

20  up to $5,000 and/or imprisonment for up to 5 years.

21

22    ...(Print Full Name of Witness) (Signature of Witness)...

23  ...(Address)...                             ...(City/State)...

24

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

26

27         Section 14.  Section 101.65, Florida Statutes, is

28  amended to read:

29         101.65  Instructions to absent electors.--The

30  supervisor shall enclose with each absentee ballot separate

31  printed instructions in substantially the following form:

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  1

  2  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

  4  absentee ballot will be counted, it should be completed and

  5  returned as soon as possible so that it can reach the

  6  supervisor of elections of the county in which your precinct

  7  is located no later than 7 p.m. on the day of the election.

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

  9  ballot.

10         3.  Place your marked ballot in the enclosed secrecy

11  envelope.

12         4.  Insert the secrecy envelope into the enclosed

13  mailing envelope which is addressed to the supervisor.

14         5.  Seal the mailing envelope and completely fill out

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

16         6.  VERY IMPORTANT.  Sign your name on the line above

17  "(Voter's Signature)."

18         7.  VERY IMPORTANT.  In order for your absentee ballot

19  to be counted, it must include the full printed name,

20  signature, and address, and type and number of an authorized

21  form of identification of a witness 18 years of age or older

22  affixed to the Voter's Certificate; however,. no candidate may

23  serve as an attesting witness. Authorized forms of

24  identification are as follows:

25         a.  A voter registration identification card issued by

26  a supervisor of elections in this state;

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

28  by the Department of Highway Safety and Motor Vehicles;

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

30  United States; or

31

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  1         d.  Any other form of identification approved by the

  2  Department of State as provided in s. 98.461.

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

  4  mailing envelope. Be sure there is sufficient postage if

  5  mailed.

  6         Section 15.  Paragraph (c) of subsection (2) of section

  7  101.68, Florida Statutes, is amended, and subsection (4) is

  8  added to said section, to read:

  9         101.68  Canvassing of absentee ballot.--

10         (2)

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

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

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

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

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

16  absentee ballot.  An absentee ballot shall be considered

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

18  as shown by the registration records, and the full printed

19  name, signature, and address, and type and number of an

20  authorized form of identification of an attesting witness.

21  However, an absentee ballot shall not be considered illegal if

22  the signature of the elector or attesting witness does not

23  cross the seal of the mailing envelope. If the canvassing

24  board determines that any ballot is illegal, a member of the

25  board shall, without opening the envelope, mark across the

26  face of the envelope:  "rejected as illegal."  The envelope

27  and the ballot contained therein shall be preserved in the

28  manner that official ballots voted are preserved.

29         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

  6  has been removed from the mailing envelope.

  7         (4)  The supervisor of elections shall, on behalf of

  8  the county canvassing board, notify each elector whose ballot

  9  was rejected as illegal because of a difference between the

10  elector's signature on the ballot and that on the elector's

11  voter registration record. The supervisor shall mail a voter

12  registration application to the elector to be completed for

13  the purpose of providing the elector's current signature. This

14  subsection does not prohibit the supervisor from providing

15  additional methods for updating an elector's signature.

16         Section 16.  Paragraph (a) of subsection (5) and

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

18  amended to read:

19         163.511  Special neighborhood improvement districts;

20  creation; referendum; board of directors; duration;

21  extension.--

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

23  whichever is appropriate, shall enclose with each ballot sent

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

25  into which the elector or freeholder shall enclose the marked

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

27  freeholder shall then place the secrecy envelope, which shall

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

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

30  in substantially the following form:

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  1         Note:  Please Read Instructions Carefully Before

  2        Marking Ballot and Completing Voter's Certificate.

  3

  4                       VOTER'S CERTIFICATE

  5

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

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

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

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

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

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

12  election.  I understand that if I commit or attempt to commit

13  any fraud in connection with voting, vote a fraudulent ballot,

14  or vote more than once in an election, I can be convicted of a

15  felony of the third degree and fined up to $5,000 and/or

16  imprisoned for up to 5 years.  I also understand that failure

17  to sign this certificate and have my signature witnessed will

18  invalidate my ballot.

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

20

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

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

23  Instruction Sheet.

24

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

26  Certificate in my presence.  I understand that a person who

27  willfully swears or affirms information that is false in

28  connection with or arising out of voting or elections commits

29  a felony of the third degree, which is punishable by a fine of

30  up to $5,000 and/or imprisonment for up to 5 years.

31

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  1    ...(Print Full Name of Witness) (Signature of Witness)...

  2  ...(Address)...                             ...(City/State)...

  3

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

  5

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

  7  shall enclose with each ballot sent to an elector or

  8  freeholder pursuant to this section separate printed

  9  instructions in substantially the following form:

10

11                READ THESE INSTRUCTIONS CAREFULLY

12                      BEFORE MARKING BALLOT.

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

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

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

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

17  of the 120-day period given here).

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

19  ballot.

20         3.  Place your marked ballot in the enclosed secrecy

21  envelope.

22         4.  Insert the secrecy envelope into the enclosed

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

24  supervisor of elections.

25         5.  Seal the mailing envelope and completely fill out

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

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

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

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

30  counted, it must include the full printed name, signature, and

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

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  1  identification of a witness 18 years of age or older affixed

  2  to the Voter's Certificate. Authorized forms of identification

  3  are as follows:

  4         a.  A voter registration identification card issued by

  5  a supervisor of elections in this state;

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

  7  by the Department of Highway Safety and Motor Vehicles;

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

  9  United States; or

10         d.  Any other form of identification approved by the

11  Department of State as provided in s. 98.461.

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

13  mailing envelope. Be sure there is sufficient postage if

14  mailed.

15         Section 17.  Subsection (2) of section 102.012, Florida

16  Statutes, is amended to read:

17         102.012  Inspectors and clerks to conduct elections.--

18         (2)  Each member of the election board shall be able to

19  read and write the English language and shall be a registered

20  qualified elector of the county in which the member is

21  appointed or a person who has preregistered to vote, pursuant

22  to s. 97.041(1)(b), in the county in which the member is

23  appointed. No election board shall be composed solely of

24  members of one political party; however, in any primary in

25  which only one party has candidates appearing on the ballot,

26  all clerks and inspectors may be of that party. Any person

27  whose name appears as an opposed candidate for any office

28  shall not be eligible to serve on an election board.

29         Section 18.  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 19.  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 20.  Section 104.036, Florida Statutes, is

24  created to read:

25         104.036  Presenting fraudulent photo identification at

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

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

28  inspector a fraudulent photo identification commits a felony

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

30  775.083, or s. 775.084.

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  1         Section 21.  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 22.  Section 104.047, Florida Statutes, is

15  created to read:

16         104.047  Absentee voting.--

17         (1)  Any person who requests an absentee ballot on

18  behalf of an elector without the elector's permission commits

19  a felony of the third degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         (2)  Any person who marks or designates a choice on the

22  ballot of another person, except as provided in s. 101.051 or

23  s. 101.655, commits a felony of the third degree, punishable

24  as provided in s. 775.082, s. 775.083, or s. 775.084.

25         Section 23.  Subsection (4) of section 104.051, Florida

26  Statutes, is amended to read:

27         104.051  Violations; neglect of duty; corrupt

28  practices.--

29         (4)  Any supervisor, deputy supervisor, or election

30  employee who attempts to unduly influence or interfere with

31  any elector while in the process of voting a ballot commits is

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  1  guilty of a felony misdemeanor of the third first degree,

  2  punishable as provided in s. 775.082, or s. 775.083, or s.

  3  775.084.

  4         Section 24.  Section 104.24, Florida Statutes, is

  5  amended to read:

  6         104.24  Penalty for assuming name.--A person may not No

  7  registered elector shall, in connection with any part of the

  8  election process, fraudulently call himself or herself, or

  9  fraudulently pass by, any other name than the name by which

10  the person elector is registered or fraudulently use the name

11  of another in voting.  Any person who violates this section

12  commits is guilty of a felony misdemeanor of the third first

13  degree, punishable as provided in  s. 775.082, or s. 775.083,

14  or s. 775.084.

15         Section 25.  Section 104.45, Florida Statutes, is

16  created to read:

17         104.45  Violations by candidates or public officers;

18  additional penalties.--In addition to any criminal penalty or

19  other civil penalty involved, any person found guilty of

20  committing a violation of this chapter which occurred while

21  the person was either a candidate or a public officer is

22  disqualified from holding office for a period of 5 years from

23  the date of disqualification or upon restoration of civil

24  rights, whichever occurs first.

25         Section 26.  Section 101.667, Florida Statutes, is

26  created to read:

27         101.667  Certification of absentee ballot witnesses by

28  political parties.--

29         (1)  The state executive committee of any political

30  party may submit to the division a list of persons certified

31  by it to witness absentee ballots.

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  1         (2)  The list must contain the full name, address,

  2  Florida voter registration number, and driver's license number

  3  of each witness certified.

  4         (3)  In order to be certified, the witness must submit

  5  to the political party the information required in subsection

  6  (2) and an affidavit from the witness that he or she has read

  7  and understands chapter 104.

  8         (4)  Certification of an individual as a witness under

  9  this section is valid for 1 year, and the state executive

10  committee of a political party submitting a list of certified

11  witnesses under this section must maintain the records

12  required in subsection (3) for 2 years.

13         (5)  Any person certified as an absentee ballot witness

14  under this section who attempts to unduly influence or

15  interfere with any elector while in the process of voting a

16  ballot commits a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         Section 27.  Section 196.141, Florida Statutes, is

19  amended to read:

20         196.141  Homestead exemptions; duty of property

21  appraiser.--

22         (1)  The property appraiser shall examine each claim

23  for exemption filed with or referred to him or her and shall

24  allow the same, if found to be in accordance with law, by

25  marking the same approved and by making the proper deductions

26  on the tax books.

27         (2)  The property appraiser shall examine each

28  referral, of a person registering to vote at an address

29  different from the one where the person has filed for a

30  homestead exemption, which has been provided by a supervisor

31  of elections pursuant to s. 98.015. The property appraiser

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  1  shall terminate a person's homestead exemption and assess back

  2  taxes, if appropriate, if the person claiming such exemption

  3  is not entitled to the exemption under law.

  4         Section 28.  The sum of $4 million is appropriated from

  5  the General Revenue Fund to the Division of Elections of the

  6  Department of State for the purpose of meeting its obligations

  7  under this act.

  8         Section 29.  If any provision of this act or the

  9  application thereof to any person or circumstance is held

10  invalid, the invalidity shall not affect other provisions or

11  applications of the act which can be given effect without the

12  invalid provision or application, and to this end the

13  provisions of this act are declared severable.

14         Section 30.  Except as otherwise provided herein, this

15  act shall take effect January 1 of the year after the year in

16  which enacted.

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