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
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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.
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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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