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





                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Morse offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (12) is added to section 97.012,

18  Florida Statutes, to read:

19         97.012  Secretary of State as chief election

20  officer.--The Secretary of State is the chief election officer

21  of the state, and it is his or her responsibility to:

22         (12)  Maintain a voter fraud hotline and provide

23  election-fraud education to the public.

24         Section 2.  Subsection (11) is added to section 98.015,

25  Florida Statutes, to read:

26         98.015  Supervisor of elections; election, tenure of

27  office, compensation, custody of books, office hours,

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

29         (11)  Each supervisor of elections shall forward, to

30  the property appraiser for the county in which the homestead

31  is claimed, the name of the person and the address of the

                                  1

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  homestead of each person who registers to vote at an address

 2  other than that at which the person claims a homestead

 3  exemption, as disclosed on the uniform statewide voter

 4  registration application pursuant to s. 97.052.

 5         Section 3.  Subsection (1) of section 97.021, Florida

 6  Statutes, is amended to read:

 7         97.021  Definitions.--For the purposes of this code,

 8  except where the context clearly indicates otherwise, the

 9  term:

10         (1)  "Absent elector" means any registered and

11  qualified voter who: is unable to attend the polls on election

12  day.

13         (a)  Is unable without another's assistance to attend

14  the polls.

15         (b)  Is an inspector, a poll worker, a deputy voting

16  machine custodian, a deputy sheriff, a supervisor of

17  elections, or a deputy supervisor who is assigned to a

18  different precinct than that in which he or she is registered

19  to vote.

20         (c)  On account of the tenets of his or her religion,

21  cannot attend the polls on the day of the general, special, or

22  primary election.

23         (d)  May not be in the precinct of his or her residence

24  during the hours the polls are open for voting on the day of

25  the election.

26         (e)  Has changed his or her residency to another county

27  in this state within the time period during which the

28  registration books are closed for the election for which the

29  ballot is requested.

30         (f)  Has changed his or her residency to another state

31  and is ineligible under the laws of that state to vote in the

                                  2

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  general election; however, this pertains only to presidential

 2  ballots.

 3         Section 4.  Effective July 1, 1999, subsections (2) and

 4  (3) of section 97.052, Florida Statutes, are amended to read:

 5         97.052  Uniform statewide voter registration

 6  application.--

 7         (2)  The uniform statewide voter registration

 8  application must be designed to elicit the following

 9  information from the applicant:

10         (a)  Full name.

11         (b)  Date of birth.

12         (c)  Address of legal residence.

13         (d)  Mailing address, if different.

14         (e)  County of legal residence.

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

16  been granted a homestead exemption, if any.

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

18  applicant:

19         1.  American Indian or Alaskan Native.

20         2.  Asian or Pacific Islander.

21         3.  Black, not Hispanic.

22         4.  White, not Hispanic.

23         5.  Hispanic.

24         (h)(g)  Sex.

25         (i)(h)  Party affiliation.

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

27  voting.

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

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

30  security number (optional).

31         (m)  Florida Driver's license number or the

                                  3

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  identification number from a Florida identification card

 2  issued under s. 322.051.

 3         (n)(l)  Telephone number (optional).

 4         (o)(m)  Signature of applicant under penalty for false

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

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

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

 8  information contained in the registration application is true.

 9         (p)(n)  Whether the application is being used for

10  initial registration, to update a voter registration record,

11  or to request a replacement registration identification card.

12         (q)(o)  Whether the applicant is a citizen of the

13  United States.

14         (r)(p)  That the applicant has not been convicted of a

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

16  restored.

17         (s)(q)  That the applicant has not been adjudicated

18  mentally incapacitated with respect to voting or, if so

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

20

21  The registration form must shall be in plain language and

22  designed so that convicted felons whose civil rights have been

23  restored and persons who have been adjudicated mentally

24  incapacitated and have had their voting rights restored are

25  not required to reveal their prior conviction or adjudication.

26         (3)  The uniform statewide voter registration

27  application must also contain:

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

29  Constitution and s. 97.051.

30         (b)  A statement specifying each eligibility

31  requirement under s. 97.041.

                                  4

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





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

 2  swearing in connection with voter registration.

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

 4  security number is voluntary, a citation of the statutory

 5  authority under which the social security number is being

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

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

 8  number will be open to public inspection.

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

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

11  register will remain confidential and may be used only for

12  voter registration purposes.

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

14  chooses to register to vote or update a voter registration

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

16  registration application or updates a voter registration

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

18  registration purposes.

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

20  person who has been granted a homestead exemption in this

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

22  the one in which the property for which the homestead

23  exemption has been granted, shall have that information

24  forwarded to the property appraiser where such property is

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

26  being terminated and the person being subject to assessment of

27  back taxes under s. 193.092, unless the homestead granted the

28  exemption is being maintained as the permanent residence of a

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

30  elsewhere.

31         Section 5.  Effective July 1, 1999, subsection (5) of

                                  5

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  section 97.053, Florida Statutes, is amended to read:

 2         97.053  Acceptance of voter registration

 3  applications.--

 4         (5)(a)  A voter registration application is complete if

 5  it contains:

 6         1.  The applicant's name.

 7         2.  The applicant's legal residence address.

 8         3.  The applicant's date of birth.

 9         4.  An indication that the applicant is a citizen of

10  the United States.

11         5.  The last four digits of the applicant's social

12  security number.

13         6.5.  An indication that the applicant has not been

14  convicted of a felony or that, if convicted, has had his or

15  her civil rights restored.

16         7.6.  An indication that the applicant has not been

17  adjudicated mentally incapacitated with respect to voting or

18  that, if so adjudicated, has had his or her right to vote

19  restored.

20         8.7.  Signature of the applicant swearing or affirming

21  under the penalty for false swearing pursuant to s. 104.011

22  that the information contained in the registration application

23  is true and subscribing to the oath required by s. 3, Art. VI

24  of the State Constitution and s. 97.051.

25         (b)  An applicant who fails to designate party

26  affiliation must be registered without party affiliation. The

27  supervisor must notify the voter by mail that the voter has

28  been registered without party affiliation and that the voter

29  may change party affiliation as provided in s. 97.1031.

30         Section 6.  Effective July 1, 1999, section 97.056,

31  Florida Statutes, is created to read:

                                  6

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         97.056  Registration by mail; persons required to vote

 2  in person.--

 3         (1)  Any registered voter who has registered by mail

 4  and has not previously voted in the county in which he or she

 5  is registered must vote:

 6         (a)  In person at the precinct in which he or she is

 7  registered to vote; or

 8         (b)  In person at the office of the supervisor of

 9  elections, as provided in s. 101.657.

10         (2)  The provisions of this section do not apply to a

11  person who is entitled to vote by absentee ballot under the

12  Uniformed and Overseas Citizens Absentee Voting Act, the

13  Voting Accessibility for the Elderly and Handicapped Act, or

14  any other federal law, or an elector who is absent from the

15  county and does not plan to return before the day of the

16  election.

17         Section 7.  Present subsections (2) and (3) of section

18  97.071, Florida Statutes, are redesignated as subsections (3)

19  and (4), respectively, and a new subsection (2) is added to

20  that section to read:

21         97.071  Registration identification card.--

22         (2)(a)  Except as provided in paragraph (b), the

23  supervisor of elections shall mail a registration

24  identification card to the voter at the address listed as the

25  legal residence on the voter's registration application.  The

26  card must be sent by nonforwardable, return-if-undeliverable

27  mail.  If the identification card is returned as undeliverable

28  and the voter has indicated a different mailing address on the

29  registration application, the supervisor must mail a notice to

30  the mailing address, notifying the voter that his or her

31  registration identification card was returned and that the

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  voter may appear in person at the supervisor's office to pick

 2  up the identification card.  The supervisor must surrender the

 3  identification card to the elector upon presentation of a

 4  Florida driver's license, a Florida identification card issued

 5  under s. 322.051, or another form of picture identification

 6  approved by the Department of State.  If the elector fails to

 7  furnish the required identification, or if the supervisor has

 8  doubts as to the identity of the elector, the supervisor must

 9  require the elector to swear an oath substantially similar to

10  the one prescribed in s. 101.49 prior to surrendering the

11  identification card.  The supervisor must keep the

12  identification card on file for 45 days following return of

13  the card as undeliverable.

14         (b)  The supervisor shall mail the voter identification

15  card by forwardable mail to voters who are covered by the

16  Uniformed and Overseas Citizens Absentee Voting Act.

17         Section 8.  Effective upon this act becoming a law,

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

19         98.0975  Central voter file; periodic list

20  maintenance.--

21         (1)  By August 15, 1998, the division shall provide to

22  each county supervisor of elections a list containing the

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

24  available information identifying the voter of each person

25  included in the central voter file as a registered voter in

26  the supervisor's county who:

27         (a)  Is deceased;

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

29  or her civil rights restored; or

30         (c)  Has been adjudicated mentally incompetent and

31  whose mental capacity with respect to voting has not been

                                  8

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  restored.

 2         (2)  The division shall annually update the information

 3  required in subsection (1), and forward a like list to each

 4  supervisor by June 1 of each year.

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

 6  section, the division shall annually contract with a private

 7  entity to compare information in the central voter file with

 8  available information in other computer databases, including,

 9  without limitation, databases containing reliable criminal

10  records and records of deceased persons.

11         (b)  The entity contracted by the division is

12  designated as an agent of the division for purposes of

13  administering the contract, and must be limited to seeking

14  only that information which is necessary for the division to

15  meet its obligations under this section. Information obtained

16  under this section may not be used for any purpose other than

17  determining voter eligibility.

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

19  supervisor must remove from the registration books by the next

20  subsequent election the name of any person who is deceased,

21  convicted of a felony, or adjudicated mentally incapacitated

22  with respect to voting.

23         Section 9.  Effective upon this act becoming a law,

24  section 98.461, Florida Statutes, is amended to read:

25         98.461  Registration form, precinct register;

26  contents.--A registration form, approved by the Department of

27  State, containing the information required in s. 97.052 shall

28  be filed alphabetically in the office of the supervisor as the

29  master list of electors of the county. However, the

30  registration forms may be microfilmed and such microfilms

31  substituted for the original registration forms; or, when

                                  9

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  voter registration information, including the voter's

 2  signature, is maintained digitally or on electronic, magnetic,

 3  or optic media, such stored information may be substituted for

 4  the original registration form. Such microfilms or stored

 5  information shall be retained in the custody of the supervisor

 6  of elections. In the event the original registration forms are

 7  microfilmed or maintained digitally or on electronic or other

 8  media, such originals may be destroyed in accordance with the

 9  schedule approved by the Bureau of Archives and Records

10  Management of the Division of Library and Information Services

11  of the Department of State. As an alternative, the information

12  from the registration form, including the signature, may be

13  electronically reproduced and stored as provided in s. 98.451.

14  A computer printout may be used at the polls as a precinct

15  register in lieu of the registration books. The precinct

16  register shall contain the date of the election, the precinct

17  number, and the following information concerning each

18  registered elector: last name, first name, and middle name or

19  initial; party affiliation; residence address; registration

20  number; date of birth; sex, if provided; race, if provided;

21  whether the voter needs assistance in voting; and such other

22  additional information as to readily identify the elector. The

23  precinct register may also contain a list of the forms of

24  identification approved by the Department of State, which must

25  shall include, but is not be limited to, a the voter

26  registration identification card and Florida driver's license,

27  a Florida identification card issued under s. 322.051, or

28  another form of picture identification approved by the

29  Department of State.  The precinct register may also contain a

30  space for the elector's signature, a space for the initials of

31  the witnessing clerk or inspector, and a space for the

                                  10

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  signature slip or ballot number.

 2         Section 10.  Effective upon this act becoming a law,

 3  section 98.471, Florida Statutes, is amended to read:

 4         98.471  Use of precinct register at polls.--The

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

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

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

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

 9  elector, upon entering the polling place, to present a Florida

10  driver's license, a Florida identification card issued under

11  s. 322.051, or another form of picture identification one of

12  the forms of identification which are on the list of forms

13  approved by the Department of State pursuant to s. 98.461.

14  The elector shall sign his or her name in the space provided,

15  and the clerk or inspector shall compare the signature with

16  that on the identification provided by the elector and enter

17  his or her initials in the space provided and allow the

18  elector to vote if the clerk or inspector is satisfied as to

19  the identity of the elector.  If the elector fails to furnish

20  the required identification, or if the clerk or inspector is

21  in doubt as to the identity of the elector, such clerk or

22  inspector shall follow the procedure prescribed in s. 101.49.

23  The precinct register may also contain the information set

24  forth in s. 101.47(8) and, if so, the inspector shall follow

25  the procedure required in s. 101.47, except that the

26  identification provided by the elector shall be used for the

27  signature comparison.

28         Section 11.  Effective upon becoming law, subsection

29  (2) of section 100.041, Florida Statutes, is amended to read:

30         100.041  Officers chosen at general election.--

31         (2)(a)  Each county commissioner from an odd-numbered

                                  11

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  district shall be elected at the general election in each year

 2  the number of which is a multiple of 4, for a 4-year term

 3  commencing on the second Tuesday following such election, and

 4  each county commissioner from an even-numbered district shall

 5  be elected at the general election in each even-numbered year

 6  the number of which is not a multiple of 4, for a 4-year term

 7  commencing on the second Tuesday following such election.

 8         (b)  Notwithstanding paragraph (a), the governing board

 9  of a charter county may provide by ordinance that the terms of

10  its members shall commence on a date later than the second

11  Tuesday following general elections, but in any case the date

12  of commencement shall be uniform for all members and shall be

13  no later than the first Tuesday after the first Monday in

14  January following each member's election.

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

16  101.5611, Florida Statutes, to read:

17         101.5611  Instructions to electors.--

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

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

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

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

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

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

24         Section 13.  Effective upon this act becoming a law,

25  subsections (1) and (4) of section 101.62, Florida Statutes,

26  are amended to read:

27         101.62  Request for absentee ballots.--

28         (1)(a)  The supervisor may accept a request for an

29  absentee ballot from an elector in person or in writing. or

30  for an elector from any person designated by such elector.

31  Such request may be made in person, by mail, or by telephone.

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  One request shall be deemed sufficient to receive an absentee

 2  ballot for all elections which are held within a calendar

 3  year, unless the elector or the elector's designee indicates

 4  at the time the request is made the elections for which the

 5  elector desires to receive an absentee ballot.  Such request

 6  may be considered canceled when any first-class mail sent by

 7  the supervisor to the elector is returned as undeliverable.

 8         (b)  The supervisor may accept a written or telephonic

 9  request for an absentee ballot from the elector, or, if

10  directly instructed by the elector, a member of the elector's

11  immediate family, or the elector's legal guardian.  For

12  purposes of this section, the term "immediate family" has the

13  same meaning as specified in paragraph (4)(b).  The person

14  making the request must disclose:

15         1.  The name of the elector for whom the ballot is

16  requested;

17         2.  The elector's address;

18         3.  The last four digits of the elector's social

19  security number;

20         4.  The registration number on the elector's

21  registration identification card;

22         5.  The requester's name;

23         6.  The requester's address;

24         7.  The requester's social security number and, if

25  available, driver's license number;

26         8.  The requester's relationship to the elector; and

27         9.  The requester's signature (written requests only).

28         (4)(a)  To each absent qualified elector overseas who

29  has requested an absentee ballot, the supervisor of elections

30  shall, not fewer than 35 days before the first primary

31  election, mail an absentee ballot.  Not fewer than 45 days

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  before the second primary and general election, the supervisor

 2  of elections shall mail an advance absentee ballot to those

 3  persons requesting ballots for such elections.  The advance

 4  absentee ballot for the second primary shall be the same as

 5  the first primary absentee ballot as to the names of

 6  candidates, except that for any offices where there are only

 7  two candidates, those offices and all political party

 8  executive committee offices shall be omitted.  The advance

 9  absentee ballot for the general election shall be as specified

10  in s. 101.151, except that in the case of candidates of

11  political parties where nominations were not made in the first

12  primary, the names of the candidates placing first and second

13  in the first primary election shall be printed on the advance

14  absentee ballot. The advance absentee ballot or advance

15  absentee ballot information booklet shall be of a different

16  color for each election and also a different color from the

17  absentee ballots for the first primary, second primary, and

18  general election.  The supervisor shall mail an advance

19  absentee ballot for the second primary and general election to

20  each qualified absent elector for whom a request is received

21  until the absentee ballots are printed.  The supervisor shall

22  enclose with the advance second primary absentee ballot and

23  advance general election absentee ballot an explanation

24  stating that the absentee ballot for the election will be

25  mailed as soon as it is printed; and, if both the advance

26  absentee ballot and the absentee ballot for the election are

27  returned in time to be counted, only the absentee ballot will

28  be counted.

29         (b)  As soon as the remainder of the absentee ballots

30  are printed, the supervisor shall provide deliver or mail an

31  absentee ballot to each elector by whom a request for that

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  ballot has been made by one of the following means:.

 2         1.  By nonforwardable, return-if-undeliverable mail to

 3  the elector's current mailing address on file with the

 4  supervisor, unless the elector specifies in the request that:

 5         a.  The elector is absent from the county and does not

 6  plan to return before the day of the election;

 7         b.  The elector is temporarily unable to occupy the

 8  residence because of hurricane, tornado, flood, fire, or other

 9  emergency or natural disaster; or

10         c.  The elector is in a hospital, assisted-living

11  facility, nursing home, short-term medical or rehabilitation

12  facility, or correctional facility,

13

14  in which case the supervisor shall mail the ballot

15  nonforwardable, return-if-undeliverable mail to any other

16  address the elector specifies in the request.

17         2.  By forwardable mail to voters who are entitled to

18  vote by absentee ballot under the Uniformed and Overseas

19  Citizens Voting Act.

20         3.  By personal delivery to the elector, upon

21  presentation of the identification required in s. 101.657.

22         4.  By delivery to a designee on election day or up to

23  4 days prior to the day of an election. Any elector may

24  designate in writing a person to pick up the ballot for the

25  elector; however, the person designated may not pick up more

26  than two absentee ballots per election, other than the

27  designee's own ballot, except that additional ballots may be

28  picked up for members of the designee's immediate family.  For

29  purposes of this section, "immediate family" means the

30  designee's spouse or the parent, child, grandparent, or

31  sibling of the designee or of the designee's spouse.  The

                                  15

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  designee shall provide to the supervisor the written

 2  authorization by the elector and a picture identification of

 3  the designee and must complete an affidavit.  The designee

 4  shall state in the affidavit that the designee is authorized

 5  by the elector to pick up that ballot and shall indicate if

 6  the elector is a member of the designee's immediate family

 7  and, if so, the relationship.  The department shall prescribe

 8  the form of the affidavit. If the supervisor is satisfied that

 9  the designee is authorized to pick up the ballot and that the

10  signature of the elector on the written authorization matches

11  the signature of the elector on file, the supervisor shall

12  give the ballot to that designee for delivery to the elector.

13         Section 14.  Subsection (1) of section 101.64, Florida

14  Statutes, is amended to read:

15         101.64  Delivery of absentee ballots; envelopes;

16  form.--

17         (1)  The supervisor shall enclose with each absentee

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

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

20  mailing envelope, into which the absent elector shall then

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

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

23  substantially the following form:

24

25         Note:  Please Read Instructions Carefully Before

26        Marking Ballot and Completing Voter's Certificate.

27                       VOTER'S CERTIFICATE

28         I, ...., am a qualified and registered voter of ....

29  County, Florida.  I understand that if I commit or attempt to

30  commit any fraud in connection with voting, vote a fraudulent

31  ballot, or vote more than once in an election, I can be

                                  16

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  convicted of a felony of the third degree and fined up to

 2  $5,000 and/or imprisoned for up to 5 years.  I also understand

 3  that failure to sign this certificate and have my signature

 4  witnessed will invalidate my ballot. I am entitled to vote an

 5  absentee ballot for one of the following reasons:

 6

 7         1.  I am unable without another's assistance to attend

 8  the polls.

 9         2.  I may not be in the precinct of my residence during

10  the hours the polls are open for voting on election day.

11         3.  I am an inspector, a poll worker, a deputy voting

12  machine custodian, a deputy sheriff, a supervisor of

13  elections, or a deputy supervisor who is assigned to a

14  different precinct than that in which I am registered.

15         4.  On account of the tenets of my religion, I cannot

16  attend the polls on the day of the general, special, or

17  primary election.

18         5.  I have changed my permanent residency to another

19  county in Florida within the time period during which the

20  registration books are closed for the election.  I understand

21  that I am allowed to vote only for national and statewide

22  offices and on statewide issues.

23         6.  I have changed my permanent residency to another

24  state and am unable under the laws of such state to vote in

25  the general election.  I understand that I am allowed to vote

26  only for President and Vice President.

27         7.  I am unable to attend the polls on election day and

28  am voting this ballot in person at the office of, and under

29  the supervision of, the county supervisor of elections.

30                                       ...(Voter's Signature)...

31

                                  17

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  ...(Last four digits of voter's social security number)...

 2  Note: Your Signature Must Be Witnessed By Either:

 3         a.  A Notary or Officer Defined in Item 6.b. of the

 4  Instruction Sheet.

 5

 6

 7                                  ...(Signature of Applicant)...

 8         Sworn to (or affirmed) and subscribed before me this

 9  .... day of ........, ...(year)..., by ...(name of person

10  making statement).... My commission expires this .... day of

11  ........, ...(year)....

12

13                                   ...(Signature of Official)...

14                              ...(Print, Type, or Stamp Name)...

15                          ...(State or Country of Commission)...

16         Personally Known ........ OR Produced Identification

17  ........

18         Type of Identification Produced........................

19

20                                OR

21

22         b.  One Witness, who is a registered voter in the

23  State.

24

25

26  I swear or affirm that the voter signed this Voter's

27  Certificate in my presence and that I have not witnessed more

28  than 5 ballots for this election.

29

30  WITNESS:

31

                                  18

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  ...(Signature of Witness)...

 2                                 ...(Printed Name of Witness)...

 3

 4          ...(Voter I.D. Number of Witness and County of

 5                         Registration)...

 6

 7  ...(Address)...

 8                                              ...(City/State)...

 9

10         Note:  Please Read Instructions Carefully Before

11        Marking Ballot and Completing Voter's Certificate.

12                       VOTER'S CERTIFICATE

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

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

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

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

17  that failure to sign this certificate and have my signature

18  witnessed will 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.

27                   ...(Signature of Witness)...

28  ...(Address)...                             ...(City/State)...

29         Section 15.  Section 101.647, Florida Statutes, is

30  created to read:

31         101.647  Return of absentee ballots.--

                                  19

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         (1)  Absentee ballots must be returned to the

 2  supervisor of elections by the elector, either in person or by

 3  mail, or by an absentee ballot coordinator as provided by s.

 4  101.685.

 5         (2)  If the elector is unable to mail or personally

 6  deliver the ballot, the elector may designate in writing a

 7  person who may return the ballot for the elector; however, the

 8  person designated may not return more than two absentee

 9  ballots per election, other than the designee's own ballot,

10  except that additional ballots may be returned for members of

11  the designee's immediate family.  For purposes of this

12  section, the term "immediate family" means the designee's

13  spouse or the parent, child, grandparent, or sibling of the

14  designee or of the designee's spouse.  The designee must

15  provide to the supervisor the written authorization by the

16  elector and a picture identification of the designee.

17         Section 16.  Section 101.65, Florida Statutes, is

18  amended to read:

19         101.65  Instructions to absent electors.--The

20  supervisor shall enclose with each absentee ballot separate

21  printed instructions in substantially the following form:

22

23  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

27  supervisor of elections of the county in which your precinct

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

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

30  ballot. You must mark your own ballot unless you are unable to

31  do so because of blindness, disability, or inability to read

                                  20

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  or write.

 2         3.  Place your marked ballot in the enclosed secrecy

 3  envelope.

 4         4.  Insert the secrecy envelope into the enclosed

 5  mailing envelope which is addressed to the supervisor.

 6         5.  Seal the mailing envelope and completely fill out

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

 8         6.  VERY IMPORTANT.  In order for your absentee ballot

 9  to be counted, you must sign your name on the line above

10  "(Voter's Signature), and your ballot must be witnessed in

11  either of the following manners:."

12         a.  One witness, who is a registered voter in the

13  state, must affix his or her signature, printed name, address,

14  voter identification number, and county of registration on the

15  voter's certificate. Each witness is limited to witnessing 5

16  ballots per election. A candidate may not serve as an

17  attesting witness.

18         b.  Any notary or other officer entitled to administer

19  oaths or any Florida supervisor of elections or deputy

20  supervisor of elections, other than a candidate, may serve as

21  an attesting witness.

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

23  to be counted, it must include the signature and address of a

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

25  Certificate.  No candidate may serve as an attesting witness.

26         7.8.  Mail, deliver, or have delivered the completed

27  mailing envelope. Be sure there is sufficient postage if

28  mailed.

29         8.  FELONY NOTICE. It is a felony under Florida law to

30  accept any gift, payment, or gratuity in exchange for your

31  vote for a candidate. It is also a felony under Florida law to

                                  21

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  vote in an election using a false identity or false address,

 2  or under any other circumstances making your ballot false of

 3  fraudulent.

 4         Section 17.  Section 101.657, Florida Statutes, is

 5  created to read:

 6         101.657  Voting absentee ballots in

 7  person.--Notwithstanding s. 97.021(1), any qualified and

 8  registered elector who is unable to attend the polls on

 9  election day may pick up and vote an absentee ballot in person

10  at the office of, and under the supervision of, the supervisor

11  of elections.  Before receiving the ballot, the elector must

12  present a Florida driver's license, a Florida identification

13  card issued under s. 322.051, or another form of picture

14  identification approved by the Department of State.  If the

15  elector fails to furnish the required identification, or if

16  the supervisor is in doubt as to the identity of the elector,

17  the supervisor must follow the procedure prescribed in s.

18  101.49.

19         Section 18.  Effective upon this act becoming a law,

20  section 101.66, Florida Statutes, is created to read:

21         101.66  Voting absentee ballots.--All electors must

22  personally mark or designate their choices on the absentee

23  ballot, except:

24         (1)  Electors who require assistance to vote because of

25  blindness, disability, or inability to read or write, who may

26  have some person of the elector's choice, other than the

27  elector's employer, an agent of the employer, or an officer or

28  agent of the elector's union, mark the elector's choices or

29  assist the elector in marking his or her choices on the

30  ballot.

31         (2)  As otherwise provided in s. 101.051 or s. 101.655.

                                  22

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         Section 19.  Section 101.665, Florida Statutes, is

 2  amended to read:

 3         101.665  Administration of oaths; military personnel,

 4  federal employees, and other absentee registrants.--For the

 5  purposes of this code, oaths may be administered and attested

 6  by any commissioned officer in the active service of the Armed

 7  Forces, any member of the Merchant Marine of the United States

 8  designated for this purpose by the Secretary of Commerce, any

 9  civilian official empowered by state or federal law to

10  administer oaths, any supervisor of elections, deputy

11  supervisor of elections, or employee of the supervisor of

12  elections when designated by the supervisor of elections, or

13  any civilian employee designated by the head of any department

14  or agency of the United States, except when this code requires

15  an oath to be administered and attested by another official

16  specifically named.

17         Section 20.  Section 101.68, Florida Statutes, is

18  amended to read:

19         101.68  Canvassing of absentee ballot.--

20         (1)  The supervisor of the county where the absent

21  elector resides shall receive the voted ballot, at which time

22  the supervisor may compare the signature of the elector on the

23  voter's certificate with the signature of the elector in the

24  registration books to determine whether the elector is duly

25  registered in the county and may record on the elector's

26  registration certificate that the elector has voted.  The

27  supervisor shall safely keep the ballot unopened in his or her

28  office until the county canvassing board canvasses the vote.

29         (2)(a)  The county canvassing board may begin the

30  canvassing of absentee ballots at 7 a.m. on the fourth day

31  before the election, but not later than noon on the day

                                  23

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  following the election. In addition, for any county using

 2  electronic tabulating equipment, the processing of absentee

 3  ballots through such tabulating equipment may begin upon the

 4  opening of the polls on election day.  However,

 5  notwithstanding any such authorization to begin canvassing or

 6  otherwise processing absentee ballots early, no result or

 7  tabulation of absentee ballots shall be made until after the

 8  close of the polls on election day.

 9         (b)  To ensure that all absentee ballots to be counted

10  by the canvassing board are accounted for, the canvassing

11  board shall compare the number of ballots in its possession

12  with the number of requests for ballots received to be counted

13  according to the supervisor's file or list.

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

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

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

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

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

19  absentee ballot. An absentee ballot shall be considered

20  illegal if it does not include the signature and the last four

21  digits of the social security number of the elector, as shown

22  by the registration records, and either:

23         a.  The subscription of a notary or officer defined in

24  Item 6.b. of the instruction sheet, or

25         b.  The signature, printed name, address, voter

26  identification number, and county of registration of one

27  attesting witness, who is a registered voter in the state. the

28  signature and address of an attesting witness.

29

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

31  the signature of the elector or attesting witness does not

                                  24

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  cross the seal of the mailing envelope or if the person

 2  witnessing the ballot is in violation of s. 104.047(3). If the

 3  canvassing board determines that any ballot is illegal, a

 4  member of the board shall, without opening the envelope, mark

 5  across the face of the envelope:  "rejected as illegal."  The

 6  envelope and the ballot contained therein shall be preserved

 7  in the manner that official ballots voted are preserved.

 8         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

16  has been removed from the mailing envelope.

17         (d)  The canvassing board shall record the ballot upon

18  the proper record, unless the ballot has been previously

19  recorded by the supervisor. The mailing envelopes shall be

20  opened and the secrecy envelopes shall be mixed so as to make

21  it impossible to determine which secrecy envelope came out of

22  which signed mailing envelope; however, in any county in which

23  an electronic or electromechanical voting system is used, the

24  ballots may be sorted by ballot styles and the mailing

25  envelopes may be opened and the secrecy envelopes mixed

26  separately for each ballot style.  The votes on absentee

27  ballots shall be included in the total vote of the county.

28         (3)  The supervisor or the chair of the county

29  canvassing board shall, after the board convenes, have custody

30  of the absentee ballots until a final proclamation is made as

31  to the total vote received by each candidate.

                                  25

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





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

 2  the county canvassing board, notify each elector whose ballot

 3  was rejected as illegal because of a difference between the

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

 5  voter registration record.  The supervisor shall mail a voter

 6  registration application to the elector to be completed

 7  indicating the elector's current signature.  This section does

 8  not prohibit the supervisor from providing additional methods

 9  for updating an elector's signature.

10         Section 21.  Section 101.685, Florida Statutes, is

11  created to read:

12         101.685  Absentee ballot coordinators.--

13         (1)  At least 28 days before a general or special

14  election, each political party may designate in writing with

15  the county supervisor of elections the names of persons to

16  serve as absentee ballot coordinators.  Each political party

17  may designate a number of absentee ballot coordinators for

18  each county equal to two times the number of Florida House of

19  Representatives districts, all or part of which lie within the

20  county.

21         (2)  Notwithstanding any other provision of this

22  chapter, an absentee ballot coordinator may:

23         (a)  witness an unlimited number of absentee ballots;

24         (b)  request absentee ballots on behalf of registered

25  voters, either in writing or by telephone; and,

26         (c)  return an unlimited number of voted absentee

27  ballots to the supervisor of elections.

28         Section 22.  Subsection (2) of section 102.012, Florida

29  Statutes, is amended to read:

30         102.012  Inspectors and clerks to conduct elections.--

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

                                  26

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





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

 2  qualified elector of the county in which the member is

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

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

 5  appointed. No election board shall be composed solely of

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

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

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

 9  whose name appears as an opposed candidate for any office

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

11         Section 23.  Section 104.012, Florida Statutes, is

12  amended to read:

13         104.012  Consideration for registration; interference

14  with registration; soliciting registrations for compensation;

15  alteration of registration application.--

16         (1)  Any person who gives anything of value that is

17  redeemable in cash to any person in consideration for his or

18  her becoming a registered voter commits a felony misdemeanor

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

20  775.082, or s. 775.083, or s. 775.084. This section shall not

21  be interpreted, however, to exclude such services as

22  transportation to the place of registration or baby-sitting in

23  connection with the absence of an elector from home for

24  registering.

25         (2)  A person who by bribery, menace, threat, or other

26  corruption, directly or indirectly, influences, deceives, or

27  deters or attempts to influence, deceive, or deter any person

28  in the free exercise of that person's right to register to

29  vote at any time, upon the first conviction, commits a felony

30  misdemeanor of the third first degree, punishable as provided

31  in s. 775.082, or s. 775.083 , or s. 775.084, and, upon any

                                  27

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  subsequent conviction, commits a felony of the second third

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

 3  s. 775.084.

 4         (3)  A person may not solicit or pay another person to

 5  solicit voter registrations for compensation that is based

 6  upon the number of registrations obtained. A person who

 7  violates the provisions of this subsection commits a felony

 8  misdemeanor of the third first degree, punishable as provided

 9  in s. 775.082, or s. 775.083, or s. 775.084.

10         (4)  A person who alters the voter registration

11  application of any other person, without the other person's

12  knowledge and consent, commits a felony misdemeanor of the

13  third first degree, punishable as provided in s. 775.082, or

14  s. 775.083, or s. 775.084.

15         Section 24.  Section 104.013, Florida Statutes, is

16  amended to read:

17         104.013  Unauthorized use, possession, or destruction

18  of voter registration identification card.--

19         (1)  It is unlawful for any person knowingly to have in

20  his or her possession any blank, forged, stolen, fictitious,

21  counterfeit, or unlawfully issued voter registration

22  identification card unless possession by such person has been

23  duly authorized by the supervisor.

24         (2)  It is unlawful for any person to barter, trade,

25  sell, or give away a voter registration identification card

26  unless said person has been duly authorized to issue a

27  registration identification card.

28         (3)  It is unlawful for any person willfully to destroy

29  or deface the registration identification card of a duly

30  registered voter.

31         (4)  Any person who violates any of the provisions of

                                  28

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  this section commits a felony misdemeanor of the third first

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

 3  or s. 775.084.

 4         Section 25.  Section 104.045, Florida Statutes, is

 5  amended to read:

 6         104.045  Vote selling.--Any person who:

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

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

 9  election in return for pecuniary or other benefit; or

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

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

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

13

14  is guilty of a felony misdemeanor of the third first degree,

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

16  775.084.

17         Section 26.  Section 104.047, Florida Statutes, is

18  created to read:

19         104.047  Absentee voting.--

20         (1)  Any person who provides or offers to provide, and

21  any person who accepts, a pecuniary or other benefit in

22  exchange for distributing, ordering, requesting, collecting,

23  delivering, or otherwise physically possessing absentee

24  ballots, except as provided in ss. 101.6105-101.694, is guilty

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

26  775.082, s. 775.083, or s. 775.084.

27         (2)  Except as provided in s. 101.62, s. 101.655, or s.

28  101.685, any person who requests an absentee ballot on behalf

29  of an elector is guilty of a felony of the third degree,

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

31  775.084.

                                  29

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         (3)  Any person, other than a notary or other officer

 2  entitled to administer oaths or an absentee ballot coordinator

 3  as provided by s. 101.685, who witnesses more than 5 ballots

 4  in any single election, is guilty of a misdemeanor of the

 5  first degree, punishable as provided in s. 775.082 or s.

 6  775.083.

 7         (4)  Any person who marks or designates a choice on the

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

 9  101.655, or s. 101.66, is guilty of a felony of the third

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

11  s. 775.084.

12         (5)  Any person, other than an absentee ballot

13  coordinator under s. 101.685, who returns more than 2 absentee

14  ballots to the supervisors of elections in violation of s.

15  101.647 is guilty of a misdemeanor of the first degree,

16  punishable as provided in s. 775.082 or s. 775.083.

17         Section 27.  Subsection (4) of section 104.051, Florida

18  Statutes, is amended to read:

19         104.051  Violations; neglect of duty; corrupt

20  practices.--

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

22  employee who attempts to influence or interfere with any

23  elector voting a ballot commits is guilty of a felony

24  misdemeanor of the third first degree, punishable as provided

25  in s. 775.082, or s. 775.083, or s. 775.084.

26         Section 28.  Section 104.0515, Florida Statutes, is

27  amended to read:

28         104.0515  Voting rights; deprivation of, or

29  interference with, prohibited; penalty.--

30         (1)  All citizens of this state who are otherwise

31  qualified by law to vote at any election by the people in this

                                  30

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  state or in any district, county, city, town, municipality,

 2  school district, or other subdivision of this state shall be

 3  entitled and allowed to vote at all such elections without

 4  distinction according to race, color, or previous condition of

 5  servitude, notwithstanding any law, ordinance, regulation,

 6  custom, or usage to the contrary.

 7         (2)  No person acting under color of law shall:

 8         (a)  In determining whether any individual is qualified

 9  under law to vote in any election, apply any standard,

10  practice, or procedure different from the standards,

11  practices, or procedures applied under law to other

12  individuals within the same political subdivision who have

13  been found to be qualified to vote; or

14         (b)  Deny the right of any individual to vote in any

15  election because of an error or omission on any record or

16  paper relating to any application, registration, or other act

17  requisite to voting, if such error or omission is not material

18  in determining whether such individual is qualified under law

19  to vote in such election.  This paragraph shall apply to

20  absentee ballots only if there is a pattern or history of

21  discrimination on the basis of race, color, or previous

22  condition of servitude in regard to absentee ballots.

23         (3)  No person, whether acting under color of law or

24  otherwise, shall intimidate, threaten, or coerce, or attempt

25  to intimidate, threaten, or coerce, any other person for the

26  purpose of interfering with the right of such other person to

27  vote or not to vote as that person may choose, or for the

28  purpose of causing such other person to vote for, or not vote

29  for, any candidate for any office at any general, special, or

30  primary election held solely or in part for the purpose of

31  selecting or electing any such candidate.

                                  31

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         (4)  No voting qualification or prerequisite to voting,

 2  and no standard, practice, or procedure, shall be imposed or

 3  applied by any political subdivision of this state to deny or

 4  abridge the right of any citizen to vote on account of race or

 5  color.

 6         (5)  Any person who violates the provisions of this

 7  section is guilty of a felony misdemeanor of the third first

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

 9  or s. 775.084.

10         Section 29.  Subsection (1) of section 104.061, Florida

11  Statutes, is amended to read:

12         104.061  Corruptly influencing voting.--

13         (1)  Whoever by bribery, menace, threat, or other

14  corruption whatsoever, either directly or indirectly, attempts

15  to influence, deceive, or deter any elector in voting or

16  interferes with him or her in the free exercise of the

17  elector's right to vote at any election commits is guilty of a

18  felony misdemeanor of the third first degree, punishable as

19  provided in s. 775.082, or s. 775.083, or s. 775.084 for the

20  first conviction, and a felony of the second third degree,

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

22  775.084, for any subsequent conviction.

23         Section 30.  Section 104.081, Florida Statutes, is

24  amended to read:

25         104.081  Threats of employers to control votes of

26  employees.--It is shall be unlawful for any person having one

27  or more persons in his or her service as employees to

28  discharge or threaten to discharge any employee in his or her

29  service for voting or not voting in any election, state,

30  county, or municipal, for any candidate or measure submitted

31  to a vote of the people.  Any person who violates the

                                  32

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  provisions of this section is guilty of a felony misdemeanor

 2  of the third first degree, punishable as provided in s.

 3  775.082, or s. 775.083, or s. 775.084.

 4         Section 31.  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 is

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

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

14  775.084.

15         Section 32.  Section 104.42, Florida Statutes, is

16  amended to read:

17         104.42  Fraudulent registration and illegal voting;

18  investigation.--

19         (1)  The supervisor of elections is authorized to

20  investigate fraudulent registrations and illegal voting and to

21  report his or her findings to the local state attorney and the

22  Florida Elections Commission.

23         (2)  The board of county commissioners in any county

24  may appropriate funds to the supervisor of elections for the

25  purpose of investigating fraudulent registrations and illegal

26  voting.

27         Section 33.  Subsection (2) of section 117.05, Florida

28  Statutes, is amended to read:

29         117.05  Use of notary commission; unlawful use; notary

30  fee; seal; duties; employer liability; name change;

31  advertising; photocopies; penalties.--

                                  33

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         (2)(a)  The fee of a notary public may not exceed $10

 2  for any one notarial act, except as provided in s. 117.04.

 3         (b)  A notary public may not charge a fee for

 4  witnessing an absentee ballot in an election, and must witness

 5  such a ballot upon the request of an elector, provided the

 6  notarial act is in accordance with the provisions of this

 7  chapter.

 8         Section 34.  Section 106.25, Florida Statutes, is

 9  amended to read:

10         106.25  Reports of alleged violations to Florida

11  Elections Commission; disposition of findings.--

12         (1)  Jurisdiction to investigate and determine

13  violations of this chapter and chapter 104 is vested in the

14  Florida Elections Commission; however, nothing in this section

15  limits the jurisdiction of any other officers or agencies of

16  government empowered by law to investigate, act upon, or

17  dispose of alleged violations of this code.

18         (2)  The commission shall investigate all violations of

19  this chapter and chapter 104, but only after having received

20  either a sworn complaint or information reported to it by the

21  Division of Elections. Any person, other than the division,

22  having information of any violation of this chapter or chapter

23  104 shall file a sworn complaint with the commission.  Such

24  sworn complaint shall state whether a complaint of the same

25  violation has been made to any state attorney. Within 5 days

26  after receipt of a sworn complaint, the commission shall

27  transmit a copy of the complaint to the alleged violator.  All

28  sworn complaints alleging violations of the Florida Elections

29  Code over which the commission has jurisdiction shall be filed

30  with the commission within 2 years of the alleged violations.

31  The period of limitations is tolled on the day a sworn

                                  34

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  complaint is filed with the commission.

 2         (3)  For the purposes of commission jurisdiction, a

 3  violation shall mean the willful performance of an act

 4  prohibited by this chapter or chapter 104 or the willful

 5  failure to perform an act required by this chapter or chapter

 6  104.

 7         (4)  The commission shall undertake a preliminary

 8  investigation to determine if the facts alleged in a sworn

 9  complaint or a matter initiated by the division constitute

10  probable cause to believe that a violation has occurred.  Upon

11  completion of the preliminary investigation, the commission

12  shall, by written report, find probable cause or no probable

13  cause to believe that this chapter or chapter 104 s. 104.271

14  has been violated.

15         (a)  If no probable cause is found, the commission

16  shall dismiss the case and the case shall become a matter of

17  public record, except as otherwise provided in this section,

18  together with a written statement of the findings of the

19  preliminary investigation and a summary of the facts which the

20  commission shall send to the complainant and the alleged

21  violator.

22         (b)  If probable cause is found, the commission shall

23  so notify the complainant and the alleged violator in writing.

24  All documents made or received in the disposition of the

25  complaint shall become public records upon a finding by the

26  commission.

27

28  In a case where probable cause is found, the commission shall

29  make a preliminary determination to consider the matter or to

30  refer the matter to the state attorney for the judicial

31  circuit in which the alleged violation occurred.

                                  35

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         (5)  When there are disputed issues of material fact in

 2  a proceeding conducted under ss. 120.569 and 120.57, a person

 3  alleged by the Elections Commission to have committed a

 4  violation of this chapter or chapter 104 the Florida Election

 5  Code may elect, within 30 days after the date of the filing of

 6  the commission's allegations, to have a hearing conducted by

 7  an administrative law judge in the Division of Administrative

 8  Hearings.

 9         (6)  It is the duty of a state attorney receiving a

10  complaint referred by the commission to investigate the

11  complaint promptly and thoroughly; to undertake such criminal

12  or civil actions as are justified by law; and to report to the

13  commission the results of such investigation, the action

14  taken, and the disposition thereof.  The failure or refusal of

15  a state attorney to prosecute or to initiate action upon a

16  complaint or a referral by the commission shall not bar

17  further action by the commission under this chapter.

18         (7)  Every sworn complaint filed pursuant to this

19  chapter with the commission, every investigation and

20  investigative report or other paper of the commission with

21  respect to a violation of this chapter or chapter 104, and

22  every proceeding of the commission with respect to a violation

23  of this chapter or chapter 104 is confidential, is exempt from

24  the provisions of ss. 119.07(1) and 286.011, and is exempt

25  from publication in the Florida Administrative Weekly of any

26  notice or agenda with respect to any proceeding relating to

27  such violation, except under the following circumstances:

28         (a)  As provided in subsection (6);

29         (b)  Upon a determination of probable cause or no

30  probable cause by the commission; or

31         (c)  For proceedings conducted with respect to appeals

                                  36

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  of fines levied by filing officers for the late filing of

 2  reports required by this chapter.

 3

 4  However, a complainant is not bound by the confidentiality

 5  provisions of this section.  In addition, confidentiality may

 6  be waived in writing by the person against whom the complaint

 7  has been filed or the investigation has been initiated.  If a

 8  finding of probable cause in a case is entered within 30 days

 9  prior to the date of the election with respect to which the

10  alleged violation occurred, such finding and the proceedings

11  and records relating to such case shall not become public

12  until noon of the day following such election.  When two or

13  more persons are being investigated by the commission with

14  respect to an alleged violation of this chapter or chapter

15  104, the commission may not publicly enter a finding of

16  probable cause or no probable cause in the case until a

17  finding of probable cause or no probable cause for the entire

18  case has been determined. However, once the confidentiality of

19  any case has been breached, the person or persons under

20  investigation have the right to waive the confidentiality of

21  the case, thereby opening up the proceedings and records to

22  the public.  Any person who discloses any information or

23  matter made confidential by the provisions of this subsection

24  commits a misdemeanor of the first degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         (8)  Any person who files a complaint pursuant to this

27  section while knowing that the allegations contained in such

28  complaint are false or without merit commits a misdemeanor of

29  the first degree, punishable as provided in s. 775.082 or s.

30  775.083.

31         Section 35.  Subsection (11) of section 106.26, Florida

                                  37

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  Statutes, is amended to read:

 2         106.26  Powers of commission; rights and

 3  responsibilities of parties; findings by commission.--

 4         (11)  At the conclusion of its hearings concerning an

 5  alleged violation, the commission shall immediately begin

 6  deliberations on the evidence presented at such hearings and

 7  shall proceed to determine by affirmative vote of a majority

 8  of the members present whether a violation of this chapter or

 9  chapter 104 has occurred. Such determination shall promptly be

10  made public. The order shall contain a finding of violation or

11  no violation, together with brief findings of pertinent facts,

12  and the assessment of such civil penalties as are permitted by

13  this chapter or no such assessment and shall bear the

14  signature or facsimile signature of the chair or vice chair.

15         Section 36.  Subsections (1) and (2) of section

16  106.265, Florida Statutes, are amended to read:

17         106.265  Civil penalties.--

18         (1)  The commission is authorized upon the finding of a

19  violation of this chapter or chapter 104 to impose civil

20  penalties in the form of fines not to exceed $1,000 per count.

21  In determining the amount of such civil penalties, the

22  commission shall consider, among other mitigating and

23  aggravating circumstances:

24         (a)  The gravity of the act or omission;

25         (b)  Any previous history of similar acts or omissions;

26         (c)  The appropriateness of such penalty to the

27  financial resources of the person, political committee,

28  committee of continuous existence, or political party; and

29         (d)  Whether the person, political committee, committee

30  of continuous existence, or political party has shown good

31  faith in attempting to comply with the provisions of this

                                  38

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  chapter or chapter 104.

 2         (2)  If any person, political committee, committee of

 3  continuous existence, or political party fails or refuses to

 4  pay to the commission any civil penalties assessed pursuant to

 5  the provisions of this section, the Department of Revenue

 6  State Comptroller shall be responsible for collecting the

 7  civil penalties resulting from such action.

 8         Section 37.  Subsections (1) and (3) of section 106.27,

 9  Florida Statutes, are amended to read:

10         106.27  Determinations by commission; legal

11  disposition.--

12         (1)  Criminal proceedings for violations of this

13  chapter or chapter 104 may be brought in the appropriate court

14  of competent jurisdiction.  Any such action brought under this

15  chapter or chapter 104 shall be advanced on the docket of the

16  court in which filed and put ahead of all other actions.

17         (3)  Civil actions may be brought to enjoin temporarily

18  the issuance of certificates of election to successful

19  candidates who are alleged to have violated the provisions of

20  this chapter or chapter 104. Such injunctions shall issue upon

21  a showing of probable cause that such violation has occurred.

22  Such actions shall be brought in the circuit court for the

23  circuit in which is located the officer before whom the

24  candidate qualified for office.

25         Section 38.  Section 196.141, Florida Statutes, is

26  amended to read:

27         196.141  Homestead exemptions; duty of property

28  appraiser.--

29         (1)  The property appraiser shall examine each claim

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

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

                                  39

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1  marking the same approved and by making the proper deductions

 2  on the tax books.

 3         (2)  The property appraiser shall examine each

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

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

 6  homestead exemption, which has been provided by a supervisor

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

 8  shall initiate procedures to terminate a person's homestead

 9  exemption and assess back taxes, if appropriate, if the person

10  claiming such exemption is not entitled to the exemption under

11  law.

12         Section 39.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 1998.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page ,

19  remove entire the title of the bill:

20

21  and insert in lieu thereof:

22         An act relating to elections; amending s.

23         97.012, F.S.; providing an additional duty of

24         the Secretary of State; amending s. 98.015,

25         F.S.; requiring supervisors of elections to

26         notify property appraisers of voters who are

27         registered at an address other than the voters

28         homestead address; amending s. 97.021, F.S.;

29         revising the definition of absent elector;

30         amending s. 97.052, F.S.; modifying uniform

31         statewide voter registration application;

                                  40

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         amending s. 97.053, F.S.; amending the

 2         standards for accepting the uniform statewide

 3         voter registration application; creating s.

 4         97.056, F.S.; providing that persons who

 5         register to vote by mail must vote in person at

 6         first elector after registration; providing

 7         exceptions; amending s. 97.071, F.S.; providing

 8         that voter registration cards be mailed to

 9         voter registration address; providing

10         exceptions; amending s. 98.0975, F.S.;

11         providing periodic list maintenance to the

12         central voter file; amending s. 98.461, F.S.;

13         providing forms of picture identification

14         included on precinct register; amending s.

15         98.471, F.S.; requiring photo identification to

16         vote at the polls; providing an exception;

17         amending s. 100.041, F.S.; providing for the

18         terms of charter county commissioners; amending

19         s. 101.5611, F.S.; requiring a notice of

20         penalties for voting fraud be posted at each

21         polling place; amending s. 101.62, F.S.;

22         restricting telephone requests for absentee

23         ballots; revising methods of delivery of

24         absentee ballots; amending s. 101.64, F.S.;

25         revising the voter's certificate; providing

26         reasons for voting absentee; requiring

27         additional information from th voter and the

28         witness; creating s. 101.647, F.S.; providing

29         for the return of absentee ballots; amending s.

30         101.65, F.S.; revising instructions to absentee

31         electors to conform; creating s. 101.657, F.S.;

                                  41

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         providing for in-person absentee voting;

 2         creating s. 101.66, F.S.; requiring absentee

 3         voters to personally mark their ballot;

 4         providing exceptions; amending s. 101.665,

 5         F.S.; providing that supervisors of elections

 6         and other specified persons may administer

 7         oaths; amending s. 101.68, F.S.; relating to

 8         canvassing of absentee ballots; revising the

 9         requirements for legal ballots; requiring the

10         supervisor of elections to notify certain

11         absent electors whose ballots are rejected;

12         creating s. 101.685, F.S.; providing for

13         designation of absentee ballot coordinators to

14         witness absentee ballots; amending s. 102.012,

15         F.S.; provides that persons who ar

16         preregistered to vote may serve on election

17         boards; amending s. 104.012, F.S.; increasing

18         the penalty for paying someone to register,

19         interfering with registration, paying someone

20         to solicit registrations on a contingent fee

21         basis, or altering a voter registration;

22         amending s. 104.013, F.S.; increasing the

23         penality to unauthorized use, possession, or

24         destruction of a voter registration

25         identification card; amending s. 104.045, F.S.;

26         increasing the penalty for vote selling;

27         creating s. 104.47, F.S.; providing penalties

28         for offenses relating to absentee ballots and

29         voting; amending s. 104.051, F.S.; increasing

30         the penalty for an election official

31         interfering with voting; amending s. 104.0515,

                                  42

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                                                   HOUSE AMENDMENT

                                       Bill No. CS/HBs 3743 & 3941

    Amendment No. 1 (for drafter's use only)





 1         F.S.; increasing the penalty for deprivation of

 2         voting rights; amending s. 104.061; increasing

 3         the penalty for corruptly influencing voting;

 4         amending s. 104.081, F.S.; increasing the

 5         penalty for employers who threaten employees

 6         regarding voting; amending s. 104.24, F.S.;

 7         increasing the penalty for using a false name

 8         in connection with voting; amending s. 104.42,

 9         F.S.; authorizing supervisors of elections to

10         investigate fraud in registration and voting;

11         amending s. 117.054, F.S.; providing that a

12         notary may not charge a fee for witnessing an

13         absentee ballot and may not refuse to witness

14         an absentee ballot; amending ss. 106.25,

15         106.26, 106.265, 106.27, F.S.; authorizing the

16         Florida Elections Commission to investigate

17         violations of chapter 104, F.S.; providing

18         procedures; providing a time period for filing

19         complaints with the commission; providing for

20         civil penalties; amending s. 196.141, F.S.;

21         requiring property appraiser examine the

22         homestead exemption of persons referred by the

23         supervisor of elections to determine lawfulness

24         and to initiate procedures to terminate the

25         exemption and assess back taxes if appropriate;

26         providing an effective date.

27

28

29

30

31

                                  43

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