House Bill 3743

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    Florida House of Representatives - 1998                HB 3743

        By Representative Morse






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.041, F.S., relating to qualifications to

  4         register or vote; providing that holders of a

  5         homestead exemption may only be registered in

  6         the county and precinct in which the property

  7         for which the homestead exemption has been

  8         granted is located; providing an exception;

  9         amending s. 97.052, F.S.; requiring certain

10         information relating to homestead exemptions

11         and an applicant's social security number to be

12         included in and elicited by the uniform

13         statewide voter registration application;

14         amending s. 97.053, F.S.; requiring the last

15         four digits of an applicant's social security

16         number to be included on a voter registration

17         application for the application to be complete;

18         amending s. 101.64, F.S.; revising absentee

19         ballot requirements relating to the voter's

20         certificate and witnesses; requiring notice of

21         the penalty for fraud in connection with voting

22         to be included on the voter's certificate;

23         providing a space for inclusion of the last

24         four digits of the voter's social security

25         number; revising the requirements to be a

26         witness for an absentee ballot; limiting the

27         number of absentee ballots a person can witness

28         per election; providing exceptions; requiring

29         notice to witnesses of the penalty for false

30         swearing; requiring the printed name of each

31         witness; revising the witness oath, to conform;

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  1         amending s. 101.65, F.S., relating to the

  2         instructions to absent electors enclosed with

  3         each absentee ballot; expanding notice

  4         requirements relating to what must be included

  5         in order for an absentee ballot to be counted,

  6         to include the requirement for the printed name

  7         and, when applicable, Florida voter

  8         registration number of each witness and for the

  9         last four digits of a voter's social security

10         number and to include notice of the restriction

11         on the number of ballots that may be witnessed

12         per election; amending s. 101.68, F.S.;

13         requiring county canvassing boards to declare

14         an absentee ballot illegal if it does not

15         include the last four digits of the elector's

16         social security number and the printed name

17         and, when applicable, voter registration number

18         of the attesting witness; providing that an

19         absentee ballot will not be declared illegal if

20         the attesting witness witnesses more than two

21         absentee ballots per election; creating s.

22         104.125, F.S.; providing a penalty for

23         witnessing more than two absentee ballots per

24         election; providing exceptions; amending s.

25         196.111, F.S.; requiring property appraisers to

26         notify persons entitled to homestead exemptions

27         of the requirements relating to voter

28         registration and the potential loss of

29         homestead exemption; creating s. 196.115, F.S.;

30         providing for termination of homestead

31         exemption upon registration as an elector in

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  1         another precinct and providing for assessment

  2         of back taxes as a result thereof; providing an

  3         exception; amending s. 196.121, F.S.; requiring

  4         homestead exemption forms to include notice of

  5         the requirements for factual determination of

  6         permanent residency by the property appraiser

  7         and notice of the requirements relating to

  8         voter registration and the potential loss of

  9         homestead exemption; providing an effective

10         date.

11

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

13

14         Section 1.  Subsection (1) of section 97.041, Florida

15  Statutes, is amended to read:

16         97.041  Qualifications to register or vote.--

17         (1)(a)  A person may become a registered voter only if

18  that person:

19         1.  Is at least 18 years of age;

20         2.  Is a citizen of the United States;

21         3.  Is a legal resident of the State of Florida;

22         4.  Is a legal resident of the county in which that

23  person seeks to be registered; and

24         5.  Registers pursuant to the Florida Election Code.

25         (b)  For purposes of the residency requirements of

26  paragraph (a), a person granted a homestead exemption in this

27  state may register to vote only in the county and precinct in

28  which the property for which the homestead exemption has been

29  granted is located. This paragraph does not apply if the

30  homestead granted the exemption is being maintained as the

31

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  1  permanent residence of a legal or natural dependent of the

  2  owner and the owner resides elsewhere.

  3         (c)(b)  A person who is otherwise qualified may

  4  preregister on or after that person's 17th birthday and may

  5  vote in any election occurring on or after that person's 18th

  6  birthday.

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

  8  Florida Statutes, are amended to read:

  9         97.052  Uniform statewide voter registration

10  application.--

11         (2)  The uniform statewide voter registration

12  application must be designed to elicit the following

13  information from the applicant:

14         (a)  Full name.

15         (b)  Date of birth.

16         (c)  Address of legal residence.

17         (d)  Mailing address, if different.

18         (e)  County of legal residence.

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

20  been granted a homestead exemption, if any.

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

22  applicant:

23         1.  American Indian or Alaskan Native.

24         2.  Asian or Pacific Islander.

25         3.  Black, not Hispanic.

26         4.  White, not Hispanic.

27         5.  Hispanic.

28         (h)(g)  Sex.

29         (i)(h)  Party affiliation.

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

31  voting.

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

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

  3  security number (optional).

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

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

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

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

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

  9  information contained in the registration application is true.

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

11  initial registration, to update a voter registration record,

12  or to request a replacement registration identification card.

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

14  United States.

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

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

17  restored.

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

19  mentally incapacitated with respect to voting or, if so

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

21

22  The registration form shall be in plain language and designed

23  so that convicted felons whose civil rights have been restored

24  and persons who have been adjudicated mentally incapacitated

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

26  reveal their prior conviction or adjudication.

27         (3)  The uniform statewide voter registration

28  application must also contain:

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

30  Constitution and s. 97.051.

31

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  1         (b)  A statement specifying each eligibility

  2  requirement under s. 97.041, including the requirement with

  3  respect to registration and homestead exemption under s.

  4  97.041(1)(b).

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

  6  swearing in connection with voter registration.

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

  8  security number is voluntary, a citation of the statutory

  9  authority under which the social security number is being

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

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

12  number will be open to public inspection.

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

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

15  register will remain confidential and may be used only for

16  voter registration purposes.

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

18  chooses to register to vote or update a voter registration

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

20  registration application or updates a voter registration

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

22  registration purposes.

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

24  person who has been granted a homestead exemption in this

25  state and who registers to vote in any precinct other than the

26  one in which the property for which the homestead exemption

27  has been granted is located, in violation of s. 97.041(1)(b),

28  shall have the person's homestead exemption terminated and may

29  be subject to assessment of back taxes under s. 196.115,

30  unless the homestead granted the exemption is being maintained

31

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  1  as the permanent residence of a legal or natural dependent of

  2  the owner and the owner resides elsewhere.

  3         Section 3.  Paragraph (a) of subsection (5) of section

  4  97.053, Florida Statutes, is amended to read:

  5         97.053  Acceptance of voter registration

  6  applications.--

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

  8  it contains:

  9         1.  The applicant's name.

10         2.  The applicant's legal residence address.

11         3.  The applicant's date of birth.

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

13  the United States.

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

15  security number.

16         6.5.  An indication that the applicant has not been

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

18  her civil rights restored.

19         7.6.  An indication that the applicant has not been

20  adjudicated mentally incapacitated with respect to voting or

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

22  restored.

23         8.7.  Signature of the applicant swearing or affirming

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

25  that the information contained in the registration application

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

27  of the State Constitution and s. 97.051.

28         Section 4.  Subsection (1) of section 101.64, Florida

29  Statutes, is amended to read:

30         101.64  Delivery of absentee ballots; envelopes;

31  form.--

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  1         (1)  The supervisor shall enclose with each absentee

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

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

  4  mailing envelope, into which the absent elector shall then

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

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

  7  substantially the following form:

  8

  9         Note:  Please Read Instructions Carefully Before

10        Marking Ballot and Completing Voter's Certificate.

11

12                       VOTER'S CERTIFICATE

13

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

15  I am a qualified elector in this election and, that I am

16  unable to attend the polls on election day, and that I have

17  not and will not vote more than one ballot in this election.

18  I understand that if I commit or attempt to commit any fraud

19  in connection with voting, vote a fraudulent ballot, or vote

20  more than once in an election, I can be convicted of a felony

21  of the third degree and fined up to $5,000 and/or imprisoned

22  for up to 5 years.  I also understand that failure to sign

23  this certificate and have my signature witnessed will

24  invalidate my ballot.

25

26  ...(Voter's signature) (Last four digits of voter's social

27  security number)...

28

29  Note:  Your signature must be witnessed by one witness 18

30  Years of Age or Older who is a registered voter in the State

31  of Florida, a notary public, a commissioned officer of the

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  1  United States military, or a foreign service officer of either

  2  the United States Department of State or the United States

  3  Information Agency, as provided in item 7. of the instruction

  4  sheet.  Except for notaries public, commissioned officers of

  5  the United States military, or foreign service officers of

  6  either the United States Department of State or the United

  7  States Information Agency, no person may serve as an attesting

  8  witness on more than two absentee ballots per election.

  9

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

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

12  than two absentee ballots per election, if applicable.  I

13  understand that a person who willfully swears or affirms

14  information that is false in connection with or arising out of

15  voting or elections commits a felony of the third degree,

16  which is punishable by a fine of up to $5,000 and/or

17  imprisonment for up to 5 years.  I understand further that any

18  person, other than a notary public, a commissioned officer of

19  the United States military, or a foreign service officer of

20  either the United States Department of State or the United

21  States Information Agency, who witnesses more than two

22  absentee ballots per election commits a misdemeanor of the

23  first degree, which is punishable by a fine of up to $1,000

24  and/or imprisonment for up to 1 year.

25

26  ...(Print name of witness) (Signature of witness) (For

27  witnesses other than notaries public, commissioned officers of

28  the United States military, or foreign service officers of

29  either the United States Department of State or the United

30  States Information Agency, please include your Florida voter

31  registration number)...

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  1  ...(Address)...                             ...(City/State)...

  2

  3         Section 5.  Section 101.65, Florida Statutes, is

  4  amended to read:

  5         101.65  Instructions to absent electors.--The

  6  supervisor shall enclose with each absentee ballot separate

  7  printed instructions in substantially the following form:

  8

  9  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

13  supervisor of elections of the county in which your precinct

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

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

16  ballot.

17         3.  Place your marked ballot in the enclosed secrecy

18  envelope.

19         4.  Insert the secrecy envelope into the enclosed

20  mailing envelope which is addressed to the supervisor.

21         5.  Seal the mailing envelope and completely fill out

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

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

24  "(Voter's Signature)."

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

26  to be counted, it must include the printed name, signature,

27  and address of a witness who is a registered voter in the

28  State of Florida, a notary public, a commissioned officer of

29  the United States military, or a foreign service officer of

30  either the United States Department of State or the United

31  States Information Agency 18 years of age or older affixed to

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  1  the Voter's Certificate.  Witnesses other than notaries

  2  public, commissioned officers of the United States military,

  3  or foreign service officers of either the United States

  4  Department of State or the United States Information Agency

  5  must also include their Florida voter registration number.

  6  Except for notaries public, commissioned officers of the

  7  United States military, and foreign service officers of either

  8  the United States Department of State or the United States

  9  Information Agency, no person may serve as an attesting

10  witness on more than two ballots per election.  No candidate

11  may serve as an attesting witness.

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

13  to be counted, it must include the last four digits of your

14  social security number.

15         9.8.  Mail, deliver, or have delivered the completed

16  mailing envelope. Be sure there is sufficient postage if

17  mailed.

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

19  101.68, Florida Statutes, is amended to read:

20         101.68  Canvassing of absentee ballot.--

21         (2)

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

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

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

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

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

27  absentee ballot. An absentee ballot shall be considered

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

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

30  by the registration records, and the printed name, signature,

31  and address of an attesting witness. An absentee ballot shall

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  1  be considered illegal if the attesting witness does not

  2  include his or her Florida voter registration number, unless

  3  the attesting witness is either a notary public, a

  4  commissioned officer of the United States military, or a

  5  foreign service officer of either the United States Department

  6  of State or the United States Information Agency. However, an

  7  absentee ballot shall not be considered illegal if the

  8  signature of the elector or attesting witness does not cross

  9  the seal of the mailing envelope or if the attesting witness

10  has witnessed more than two absentee ballots in the election.

11  If the canvassing board determines that any ballot is illegal,

12  a member of the board shall, without opening the envelope,

13  mark across the face of the envelope: "rejected as illegal."

14  The envelope and the ballot contained therein shall be

15  preserved in the manner that official ballots voted are

16  preserved.

17         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

25  has been removed from the mailing envelope.

26         Section 7.  Section 104.125, Florida Statutes, is

27  created to read:

28         104.125  Witnessing ballots.--A person who knowingly

29  witnesses more than two absentee ballots per election commits

30  a misdemeanor of the first degree, punishable as provided in

31  s. 775.082 or s. 775.083. This section does not apply to

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  1  attesting witnesses who are notaries public, commissioned

  2  officers of the United States military, or foreign service

  3  officers of either the United States Department of State or

  4  the United States Information Agency.

  5         Section 8.  Section 196.111, Florida Statutes, is

  6  amended to read:

  7         196.111  Property appraisers may notify persons

  8  entitled to homestead exemption; publication of notice;

  9  costs.--

10         (1)  As soon as practicable after February 5 of each

11  current year, the property appraisers of the several counties

12  may mail to each person to whom homestead exemption was

13  granted for the year immediately preceding and whose

14  application for exemption for the current year has not been

15  filed as of February 1 thereof, a form for application for

16  homestead exemption, together with a notice reading

17  substantially as follows:

18

19                   NOTICE TO TAXPAYERS ENTITLED

20                      TO HOMESTEAD EXEMPTION

21

22         Records in this office indicate that you have not filed

23  an application for homestead exemption for the current year.

24         If you wish to claim such exemption, please fill out

25  the enclosed form and file it with your property appraiser on

26  or before March 1, 19.....

27         Failure to do so may constitute a waiver of said

28  exemption for the year 19.....

29

30                                      ...(Property Appraiser)...

31                                            .... County, Florida

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  1

  2         (2)  With the notice provided under subsection (1), the

  3  property appraisers of the several counties shall include

  4  notice of the provisions of s. 196.115, which may result in

  5  termination of homestead exemption.

  6         (3)(2)  The expenditure of funds for any of the

  7  requirements of this section is hereby declared to be for a

  8  county purpose; and the board of county commissioners of each

  9  county shall, if notices are mailed under this section

10  subsection (1), appropriate and provide the necessary funds

11  for such purposes.

12         Section 9.  Section 196.115, Florida Statutes, is

13  created to read:

14         196.115  Termination of homestead exemption;

15  registration of elector in other precinct.--Any person who has

16  been granted a homestead exemption in this state and who

17  registers to vote in any precinct other than the one in which

18  the property for which the homestead exemption has been

19  granted is located, in violation of the requirements of s.

20  97.041(1)(b), shall have that homestead exemption terminated

21  and shall be subject to assessment of back taxes as a result

22  thereof. This section does not apply if the homestead granted

23  the exemption is being maintained as the permanent residence

24  of a legal or natural dependent of the owner and the owner

25  resides elsewhere.

26         Section 10.  Subsections (2) and (3) of section

27  196.121, Florida Statutes, are amended to read:

28         196.121  Homestead exemptions; forms.--

29         (2)  The forms shall require the taxpayer to furnish

30  certain information to the property appraiser for the purpose

31  of determining that the taxpayer is a permanent resident as

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  1  defined in s. 196.012(17). Such information shall may include,

  2  but need not be limited to, the factors enumerated in s.

  3  196.015.

  4         (3)  The forms shall also contain the following:

  5         (a)  Notice of the tax lien which can be imposed

  6  pursuant to s. 196.161.

  7         (b)  Notice that information contained in the

  8  application will be provided to the Department of Revenue and

  9  may also be provided to any state in which the applicant has

10  previously resided.

11         (c)  Notice of the provisions of s. 196.115, which may

12  result in termination of homestead exemption.

13         (d)(c)  A requirement that the applicant read or have

14  read to him or her the contents of the form.

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

16  the year after the year in which enacted.

17

18

19

20

21

22

23

24

25

26

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides that holders of a homestead exemption may only
  4    be registered in the county and precinct in which the
      property for which the homestead exemption has been
  5    granted is located, and provides for termination of
      homestead exemption upon registration as an elector in
  6    another precinct and for assessment of back taxes as a
      result thereof. Provides exemption where the homestead is
  7    being maintained as the permanent residence of a legal or
      natural dependent of the owner and the owner resides
  8    elsewhere. Requires property appraisers to notify persons
      entitled to homestead exemptions of the requirements
  9    relating to voter registration and the potential loss of
      homestead exemption. Requires homestead exemption forms
10    to include such notice and notice of the requirements for
      factual determination of permanent residency by the
11    property appraiser. Requires the last four digits of an
      applicant's social security number to be included on a
12    voter registration application for the application to be
      complete. Revises the uniform statewide voter
13    registration application to provide notice of and elicit
      this required information relating to homestead exemption
14    and social security numbers.

15
      Amends various provisions relating to absentee ballots.
16    With respect to the voter's certificate, requires notice
      of the penalty for fraud in connection with voting,
17    provides a space for inclusion of the last four digits of
      the voter's social security number, revises the
18    requirements to be a witness to a signature on an
      absentee ballot, and limits the number of absentee
19    ballots a person can witness per election to two, unless
      the witness is a notary public, a commissioned officer of
20    the United States military, or a foreign service officer
      of either the United States Department of State of the
21    United States Information Agency. With respect to the
      witness oath, includes notice to witnesses of the
22    penalties for false swearing and witnessing more than two
      ballots, requires and provides a space for the printed
23    name of each witness, and provides for inclusion of the
      Florida voter registration number, where required. Amends
24    provisions relating to the instructions to absent
      electors enclosed with each absentee ballot, to include
25    notice of such requirements to conform. Requires county
      canvassing boards to declare an absentee ballot illegal
26    if it does not include the last four digits of the
      elector's social security number and the printed name
27    and, when applicable, voter registration number of the
      attesting witness. Provides that an absentee ballot will
28    not be declared illegal if the attesting witness
      witnesses more than two absentee ballots per election.
29    Provides that witnessing more than two absentee ballots
      per election, unless exempt from such prohibition, is a
30    misdemeanor of the first degree.

31

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