House Bill 3743c1
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Florida House of Representatives - 1998 CS/HBs 3743 & 3941
By the Committee on Election Reform and Representatives
Morse, Meek and Garcia
1 A bill to be entitled
2 An act relating to elections; amending s.
3 98.015, F.S.; providing that supervisors shall
4 provide information to property appraisers
5 regarding homestead exemptions; amending s.
6 97.052, F.S.; requiring certain information
7 relating to homestead exemption and an
8 applicant's social security number to be
9 included in and elicited by the uniform
10 statewide voter registration application;
11 amending s. 97.053, F.S.; requiring the last
12 four digits of an applicant's social security
13 number to be included on a voter registration
14 application for the application to be complete;
15 amending s. 101.5611, F.S.; requiring the
16 posting of notice at polling places explaining
17 penalties for certain crimes; amending s.
18 101.64, F.S.; revising absentee ballot
19 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 penalties for false
30 swearing and witnessing more than the allowed
31 number of absentee ballots; requiring the full
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1 printed name of any witness; requiring
2 additional identifying information of certain
3 witnesses; amending s. 101.65, F.S., relating
4 to the instructions to absent electors enclosed
5 with each absentee ballot; expanding notice
6 requirements relating to what must be included
7 in order for an absentee ballot to be counted,
8 to include the requirement for the full printed
9 name of an authorized witness and the last four
10 digits of a voter's social security number;
11 requiring, when applicable, the driver's
12 license number with state of issue, state
13 identification card number with state of issue,
14 or Florida voter registration number of each
15 witness; including notice of the restriction on
16 the number of ballots that may be witnessed per
17 election; amending s. 101.665, F.S.; providing
18 that supervisors of elections, deputy
19 supervisors, and certain designated employees
20 may administer oaths; amending s. 101.68, F.S.;
21 requiring county canvassing boards to declare
22 an absentee ballot illegal if it does not
23 include the last four digits of the elector's
24 social security number and the full printed
25 name and, when applicable, driver's license
26 number with state of issue, state
27 identification card number with state of issue,
28 or Florida voter registration number of the
29 attesting witness; providing that an absentee
30 ballot will not be declared illegal if the
31 attesting witness witnesses more than five
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1 absentee ballots per election; amending s.
2 102.012, F.S.; authorizing any person who is
3 preregistered and otherwise qualified to be
4 appointed and serve as a member of an election
5 board; amending s. 104.012, F.S.; increasing
6 the penalty for giving anything redeemable in
7 cash in consideration for registration, for
8 interfering with registration, for soliciting
9 registration for compensation, and for altering
10 a voter registration application; amending s.
11 104.013, F.S.; increasing the penalty for the
12 unauthorized use, possession, or destruction of
13 a voter registration identification card;
14 amending s. 104.031, F.S.; increasing the
15 penalty for making a false declaration to
16 secure assistance in voting; amending s.
17 104.045, F.S.; increasing the penalty for vote
18 selling; amending s. 104.051, F.S.; increasing
19 the penalty for an election official or
20 employee attempting to influence or interfere
21 with any elector voting a ballot; amending s.
22 104.0515, F.S.; increasing the penalty for
23 interfering with voting rights; amending s.
24 104.061, F.S.; increasing the penalty for
25 corruptly influencing voting; amending s.
26 104.081, F.S.; increasing the penalty for
27 employers who threaten employees regarding
28 voting; amending s. 104.185, F.S.; increasing
29 penalty for knowingly signing a petition more
30 than once and for signing another person's name
31 or a fictitious name; amending s. 104.24, F.S.;
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1 increasing the penalty for fraudulently using a
2 name other than one's own in any part of the
3 election process or in voting; creating s.
4 104.125, F.S.; providing a penalty for
5 witnessing more than five absentee ballots per
6 election; providing exceptions; creating s.
7 101.667, F.S.; providing for certification of
8 certain absentee ballot witnesses; amending s.
9 196.141, F.S.; providing that property
10 appraisers shall review referrals from
11 supervisors of elections in order to determine
12 if homestead exemption is illegal; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (11) is added to section 98.015,
18 Florida Statutes, to read:
19 98.015 Supervisor of elections; election, tenure of
20 office, compensation, custody of books, office hours,
21 successor, seal; appointment of deputy supervisors; duties.--
22 (11) Each supervisor of elections shall forward, to
23 the property appraiser for the county in which the homestead
24 is claimed, the name of the person and the address of the
25 homestead of each person who registers to vote at an address
26 other than that at which the person claims a homestead
27 exemption, as disclosed on the uniform statewide voter
28 registration application pursuant to s. 97.052.
29 Section 2. Subsections (2) and (3) of section 97.052,
30 Florida Statutes, are amended to read:
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1 97.052 Uniform statewide voter registration
2 application.--
3 (2) The uniform statewide voter registration
4 application must be designed to elicit the following
5 information from the applicant:
6 (a) Full name.
7 (b) Date of birth.
8 (c) Address of legal residence.
9 (d) Mailing address, if different.
10 (e) County of legal residence.
11 (f) Address of property for which the applicant has
12 been granted a homestead exemption, if any.
13 (g)(f) Race or ethnicity that best describes the
14 applicant:
15 1. American Indian or Alaskan Native.
16 2. Asian or Pacific Islander.
17 3. Black, not Hispanic.
18 4. White, not Hispanic.
19 5. Hispanic.
20 (h)(g) Sex.
21 (i)(h) Party affiliation.
22 (j)(i) Whether the applicant needs assistance in
23 voting.
24 (k)(j) Name and address where last registered.
25 (l)(k) Last four digits of the applicant's social
26 security number (optional).
27 (m)(l) Telephone number (optional).
28 (n)(m) Signature of applicant under penalty for false
29 swearing pursuant to s. 104.011, by which the person
30 subscribes to the oath required by s. 3, Art. VI of the State
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1 Constitution and s. 97.051, and swears or affirms that the
2 information contained in the registration application is true.
3 (o)(n) Whether the application is being used for
4 initial registration, to update a voter registration record,
5 or to request a replacement registration identification card.
6 (p)(o) Whether the applicant is a citizen of the
7 United States.
8 (q)(p) That the applicant has not been convicted of a
9 felony or, if convicted, has had his or her civil rights
10 restored.
11 (r)(q) That the applicant has not been adjudicated
12 mentally incapacitated with respect to voting or, if so
13 adjudicated, has had his or her right to vote restored.
14
15 The registration form shall be in plain language and designed
16 so that convicted felons whose civil rights have been restored
17 and persons who have been adjudicated mentally incapacitated
18 and have had their voting rights restored are not required to
19 reveal their prior conviction or adjudication.
20 (3) The uniform statewide voter registration
21 application must also contain:
22 (a) The oath required by s. 3, Art. VI of the State
23 Constitution and s. 97.051.
24 (b) A statement specifying each eligibility
25 requirement under s. 97.041.
26 (c) The penalties provided in s. 104.011 for false
27 swearing in connection with voter registration.
28 (d) A statement that the disclosure of a social
29 security number is voluntary, a citation of the statutory
30 authority under which the social security number is being
31 solicited, a delineation of the uses that will be made of the
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1 social security number, and a notice that the social security
2 number will be open to public inspection.
3 (d)(e) A statement that, if an applicant declines to
4 register to vote, the fact that the applicant has declined to
5 register will remain confidential and may be used only for
6 voter registration purposes.
7 (e)(f) A statement that informs the applicant who
8 chooses to register to vote or update a voter registration
9 record that the office at which the applicant submits a voter
10 registration application or updates a voter registration
11 record will remain confidential and may be used only for voter
12 registration purposes.
13 (f) A statement that informs the applicant that any
14 person who has been granted a homestead exemption in this
15 state, and who registers to vote in any precinct other than
16 the one in which the property for which the homestead
17 exemption has been granted, shall have that information
18 forwarded to the property appraiser where such property is
19 located, which may result in the person's homestead exemption
20 being terminated and the person being subject to assessment of
21 back taxes under s. 196.015, unless the homestead granted the
22 exemption is being maintained as the permanent residence of a
23 legal or natural dependent of the owner and the owner resides
24 elsewhere.
25 Section 3. Paragraph (a) of subsection (5) of section
26 97.053, Florida Statutes, is amended to read:
27 97.053 Acceptance of voter registration
28 applications.--
29 (5)(a) A voter registration application is complete if
30 it contains:
31 1. The applicant's name.
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1 2. The applicant's legal residence address.
2 3. The applicant's date of birth.
3 4. An indication that the applicant is a citizen of
4 the United States.
5 5. The last four digits of the applicant's social
6 security number.
7 6.5. An indication that the applicant has not been
8 convicted of a felony or that, if convicted, has had his or
9 her civil rights restored.
10 7.6. An indication that the applicant has not been
11 adjudicated mentally incapacitated with respect to voting or
12 that, if so adjudicated, has had his or her right to vote
13 restored.
14 8.7. Signature of the applicant swearing or affirming
15 under the penalty for false swearing pursuant to s. 104.011
16 that the information contained in the registration application
17 is true and subscribing to the oath required by s. 3, Art. VI
18 of the State Constitution and s. 97.051.
19 Section 4. Subsection (3) is added to section
20 101.5611, Florida Statutes, to read:
21 101.5611 Instructions to electors.--
22 (3) The supervisor of elections shall have posted at
23 each polling place a notice that reads: "A person who commits
24 or attempts to commit any fraud in connection with voting,
25 votes a fraudulent ballot, or votes more than once in an
26 election can be convicted of a felony of the third degree and
27 fined up to $5,000 and/or imprisoned for up to 5 years."
28 Section 5. 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 has a valid United States driver's
31 license or a state-issued identification card or is a
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1 registered voter in the State of Florida, a notary public, or
2 any other person entitled to administer oaths, as provided in
3 item 7. of the instruction sheet. Except for notaries public,
4 other persons entitled to administer oaths, and witnesses
5 certified in accordance with s. 101.667, no person may serve
6 as an attesting witness on more than five absentee ballots per
7 election.
8
9 I swear or affirm that the elector signed this Voter's
10 Certificate in my presence and that I have not witnessed more
11 than five absentee ballots per election, if applicable. I
12 understand that a person who willfully swears or affirms
13 information that is false in connection with or arising out of
14 voting or elections commits a felony of the third degree,
15 which is punishable by a fine of up to $5,000 and/or
16 imprisonment for up to 5 years. I understand further that any
17 person, other than a notary public, any other person entitled
18 to administer oaths, or a witness certified in accordance with
19 s. 101.667, who witnesses more than five absentee ballots per
20 election commits a misdemeanor of the first degree, which is
21 punishable by a fine of up to $1,000 and/or imprisonment for
22 up to 1 year.
23
24 ...(Print full name of witness) (Signature of witness) (For
25 witnesses other than notaries public and other persons
26 entitled to administer oaths, please include either your
27 driver's license number with state of issue, state
28 identification card number with state of issue, or Florida
29 voter registration number)...
30 ...(Address)... ...(City/State)...
31
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1 Section 6. Section 101.65, Florida Statutes, is
2 amended to read:
3 101.65 Instructions to absent electors.--The
4 supervisor shall enclose with each absentee ballot separate
5 printed instructions in substantially the following form:
6
7 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
8 1. VERY IMPORTANT. In order to ensure that your
9 absentee ballot will be counted, it should be completed and
10 returned as soon as possible so that it can reach the
11 supervisor of elections of the county in which your precinct
12 is located no later than 7 p.m. on the day of the election.
13 2. Mark your ballot in secret as instructed on the
14 ballot.
15 3. Place your marked ballot in the enclosed secrecy
16 envelope.
17 4. Insert the secrecy envelope into the enclosed
18 mailing envelope which is addressed to the supervisor.
19 5. Seal the mailing envelope and completely fill out
20 the Voter's Certificate on the back of the mailing envelope.
21 6. VERY IMPORTANT. Sign your name on the line above
22 "(Voter's Signature)."
23 7. VERY IMPORTANT. In order for your absentee ballot
24 to be counted, it must include the full printed name,
25 signature, and address of a witness 18 years of age or older
26 who has a valid United States driver's license or a
27 state-issued identification card or is a registered voter in
28 the State of Florida, a notary public, or any other person
29 entitled to administer oaths, affixed to the Voter's
30 Certificate. Witnesses, other than notaries public and other
31 persons entitled to administer oaths, must include either
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1 their driver's license number with state of issue, state
2 identification card number and state of issue, or Florida
3 voter registration number. Except for notaries public, other
4 persons entitled to administer oaths, and witnesses certified
5 in accordance with s. 101.667, no person may serve as an
6 attesting witness on more than five absentee ballots per
7 election. No candidate may serve as an attesting witness.
8 8. VERY IMPORTANT. In order for your absentee ballot
9 to be counted, it must include the last four digits of your
10 social security number.
11 9.8. Mail, deliver, or have delivered the completed
12 mailing envelope. Be sure there is sufficient postage if
13 mailed.
14 Section 7. Section 101.665, Florida Statutes, is
15 amended to read:
16 101.665 Administration of oaths; military personnel,
17 federal employees, and other absentee registrants.--For the
18 purposes of this code, oaths may be administered and attested
19 by any commissioned officer in the active service of the Armed
20 Forces, any member of the Merchant Marine of the United States
21 designated for this purpose by the Secretary of Commerce, any
22 civilian official empowered by state or federal law to
23 administer oaths, any supervisor of elections, deputy
24 supervisor of elections, or employee of the supervisor of
25 elections when designated by the supervisor of elections, or
26 any civilian employee designated by the head of any department
27 or agency of the United States, except when this code requires
28 an oath to be administered and attested by another official
29 specifically named.
30 Section 8. Paragraph (c) of subsection (2) of section
31 101.68, Florida Statutes, is amended to read:
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1 101.68 Canvassing of absentee ballot.--
2 (2)
3 (c)1. The canvassing board shall, if the supervisor
4 has not already done so, compare the signature of the elector
5 on the voter's certificate with the signature of the elector
6 in the registration books to see that the elector is duly
7 registered in the county and to determine the legality of that
8 absentee ballot. An absentee ballot shall be considered
9 illegal if it does not include the signature and the last four
10 digits of the social security number of the elector, as shown
11 by the registration records, and the full printed name,
12 signature, and address of an attesting witness. An absentee
13 ballot shall be considered illegal if the attesting witness
14 does not include his or her driver's license number with state
15 of issue, state identification card number with state of
16 issue, or Florida voter registration number, unless the
17 attesting witness is either a notary public or other person
18 entitled to administer oaths. However, an absentee ballot
19 shall not be considered illegal if the signature of the
20 elector or attesting witness does not cross the seal of the
21 mailing envelope or if the attesting witness has witnessed
22 more than five absentee ballots in the election. If the
23 canvassing board determines that any ballot is illegal, a
24 member of the board shall, without opening the envelope, mark
25 across the face of the envelope: "rejected as illegal." The
26 envelope and the ballot contained therein shall be preserved
27 in the manner that official ballots voted are preserved.
28 2. If any elector or candidate present believes that
29 an absentee ballot is illegal due to a defect apparent on the
30 voter's certificate, he or she may, at any time before the
31 ballot is removed from the envelope, file with the canvassing
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1 board a protest against the canvass of that ballot, specifying
2 the precinct, the ballot, and the reason he or she believes
3 the ballot to be illegal. A challenge based upon a defect in
4 the voter's certificate may not be accepted after the ballot
5 has been removed from the mailing envelope.
6 Section 9. Subsection (2) of section 102.012, Florida
7 Statutes, is amended to read:
8 102.012 Inspectors and clerks to conduct elections.--
9 (2) Each member of the election board shall be able to
10 read and write the English language and shall be a registered
11 qualified elector of the county in which the member is
12 appointed or a person who has preregistered to vote, pursuant
13 to s. 97.041(1)(b), in the county in which the member is
14 appointed. No election board shall be composed solely of
15 members of one political party; however, in any primary in
16 which only one party has candidates appearing on the ballot,
17 all clerks and inspectors may be of that party. Any person
18 whose name appears as an opposed candidate for any office
19 shall not be eligible to serve on an election board.
20 Section 10. Section 104.012, Florida Statutes, is
21 amended to read:
22 104.012 Consideration for registration; interference
23 with registration; soliciting registrations for compensation;
24 alteration of registration application.--
25 (1) Any person who gives anything of value that is
26 redeemable in cash to any person in consideration for his or
27 her becoming a registered voter commits a felony misdemeanor
28 of the third first degree, punishable as provided in s.
29 775.082, or s. 775.083, or s. 775.084. This section shall not
30 be interpreted, however, to exclude such services as
31 transportation to the place of registration or baby-sitting in
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1 connection with the absence of an elector from home for
2 registering.
3 (2) A person who by bribery, menace, threat, or other
4 corruption, directly or indirectly, influences, deceives, or
5 deters or attempts to influence, deceive, or deter any person
6 in the free exercise of that person's right to register to
7 vote at any time, upon the first conviction, 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, and, upon any
10 subsequent conviction, commits a felony of the second third
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084.
13 (3) A person may not solicit or pay another person to
14 solicit voter registrations for compensation that is based
15 upon the number of registrations obtained. A person who
16 violates the provisions of this subsection commits a felony
17 misdemeanor of the third first degree, punishable as provided
18 in s. 775.082, or s. 775.083, or s. 775.084.
19 (4) A person who alters the voter registration
20 application of any other person, without the other person's
21 knowledge and consent, commits a felony misdemeanor of the
22 third first degree, punishable as provided in s. 775.082, or
23 s. 775.083, or s. 775.084.
24 Section 11. Section 104.013, Florida Statutes, is
25 amended to read:
26 104.013 Unauthorized use, possession, or destruction
27 of voter registration identification card.--
28 (1) It is unlawful for any person knowingly to have in
29 his or her possession any blank, forged, stolen, fictitious,
30 counterfeit, or unlawfully issued voter registration
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1 identification card unless possession by such person has been
2 duly authorized by the supervisor.
3 (2) It is unlawful for any person to barter, trade,
4 sell, or give away a voter registration identification card
5 unless said person has been duly authorized to issue a
6 registration identification card.
7 (3) It is unlawful for any person willfully to destroy
8 or deface the registration identification card of a duly
9 registered voter.
10 (4) Any person who violates any of the provisions of
11 this section commits a felony misdemeanor of the third first
12 degree, punishable as provided in s. 775.082, or s. 775.083,
13 or s. 775.084.
14 Section 12. Section 104.031, Florida Statutes, is
15 amended to read:
16 104.031 False declaration to secure assistance in
17 preparing ballot.--Any person who makes a false declaration
18 for assistance in voting, or in the preparation of his or her
19 ballot, in any election commits is guilty of a felony
20 misdemeanor of the third first degree, punishable as provided
21 in s. 775.082, or s. 775.083, or s. 775.084.
22 Section 13. Section 104.045, Florida Statutes, is
23 amended to read:
24 104.045 Vote selling.--Any person who:
25 (1) Corruptly offers to vote for or against, or to
26 refrain from voting for or against, any candidate in any
27 election in return for pecuniary or other benefit; or
28 (2) Accepts a pecuniary or other benefit in exchange
29 for a promise to vote for or against, or to refrain from
30 voting for or against, any candidate in any election,
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1 commits is guilty of 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 14. Subsection (4) of section 104.051, Florida
5 Statutes, is amended to read:
6 104.051 Violations; neglect of duty; corrupt
7 practices.--
8 (4) Any supervisor, deputy supervisor, or election
9 employee who attempts to influence or interfere with any
10 elector voting a ballot commits is guilty of a felony
11 misdemeanor of the third first degree, punishable as provided
12 in s. 775.082, or s. 775.083, or s. 775.084.
13 Section 15. Section 104.0515, Florida Statutes, is
14 amended to read:
15 104.0515 Voting rights; deprivation of, or
16 interference with, prohibited; penalty.--
17 (1) All citizens of this state who are otherwise
18 qualified by law to vote at any election by the people in this
19 state or in any district, county, city, town, municipality,
20 school district, or other subdivision of this state shall be
21 entitled and allowed to vote at all such elections without
22 distinction according to race, color, or previous condition of
23 servitude, notwithstanding any law, ordinance, regulation,
24 custom, or usage to the contrary.
25 (2) No person acting under color of law shall:
26 (a) In determining whether any individual is qualified
27 under law to vote in any election, apply any standard,
28 practice, or procedure different from the standards,
29 practices, or procedures applied under law to other
30 individuals within the same political subdivision who have
31 been found to be qualified to vote; or
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1 (b) Deny the right of any individual to vote in any
2 election because of an error or omission on any record or
3 paper relating to any application, registration, or other act
4 requisite to voting, if such error or omission is not material
5 in determining whether such individual is qualified under law
6 to vote in such election. This paragraph shall apply to
7 absentee ballots only if there is a pattern or history of
8 discrimination on the basis of race, color, or previous
9 condition of servitude in regard to absentee ballots.
10 (3) No person, whether acting under color of law or
11 otherwise, shall intimidate, threaten, or coerce, or attempt
12 to intimidate, threaten, or coerce, any other person for the
13 purpose of interfering with the right of such other person to
14 vote or not to vote as that person may choose, or for the
15 purpose of causing such other person to vote for, or not vote
16 for, any candidate for any office at any general, special, or
17 primary election held solely or in part for the purpose of
18 selecting or electing any such candidate.
19 (4) No voting qualification or prerequisite to voting,
20 and no standard, practice, or procedure, shall be imposed or
21 applied by any political subdivision of this state to deny or
22 abridge the right of any citizen to vote on account of race or
23 color.
24 (5) Any person who violates the provisions of this
25 section commits is guilty of a felony misdemeanor of the third
26 first degree, punishable as provided in s. 775.082, or s.
27 775.083, or s. 775.084.
28 Section 16. Subsection (1) of section 104.061, Florida
29 Statutes, is amended to read:
30 104.061 Corruptly influencing voting.--
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1 (1) Whoever by bribery, menace, threat, or other
2 corruption whatsoever, either directly or indirectly, attempts
3 to influence, deceive, or deter any elector in voting or
4 interferes with him or her in the free exercise of the
5 elector's right to vote at any election commits is guilty of a
6 felony misdemeanor of the third first degree, punishable as
7 provided in s. 775.082, or s. 775.083, or s. 775.084 for the
8 first conviction, and a felony of the second third degree,
9 punishable as provided in s. 775.082, s. 775.083, or s.
10 775.084, for any subsequent conviction.
11 Section 17. Section 104.081, Florida Statutes, is
12 amended to read:
13 104.081 Threats of employers to control votes of
14 employees.--It shall be unlawful for any person having one or
15 more persons in his or her service as employees to discharge
16 or threaten to discharge any employee in his or her service
17 for voting or not voting in any election, state, county, or
18 municipal, for any candidate or measure submitted to a vote of
19 the people. Any person who violates the provisions of this
20 section commits is guilty of a felony misdemeanor of the third
21 first degree, punishable as provided in s. 775.082, or s.
22 775.083, or s. 775.084.
23 Section 18. Section 104.185, Florida Statutes, is
24 amended to read:
25 104.185 Petitions; knowingly signing more than once;
26 signing another person's name or a fictitious name.--
27 (1) A person who knowingly signs a petition or
28 petitions for a candidate, a minor political party, or an
29 issue more than one time commits a felony misdemeanor of the
30 third first degree, punishable as provided in s. 775.082, or
31 s. 775.083, or s. 775.084.
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1 (2) A person who signs another person's name or a
2 fictitious name to any petition to secure ballot position for
3 a candidate, a minor political party, or an issue commits a
4 felony misdemeanor of the third first degree, punishable as
5 provided in s. 775.082, or s. 775.083, or s. 775.084.
6 Section 19. Section 104.24, Florida Statutes, is
7 amended to read:
8 104.24 Penalty for assuming name.--A person may not No
9 registered elector shall, in connection with any part of the
10 election process, fraudulently call himself or herself, or
11 fraudulently pass by, any other name than the name by which
12 the person elector is registered or fraudulently use the name
13 of another in voting. Any person who violates this section
14 commits is guilty of a felony misdemeanor of the third first
15 degree, punishable as provided in s. 775.082, or s. 775.083,
16 or s. 775.084.
17 Section 20. Section 104.125, Florida Statutes, is
18 created to read:
19 104.125 Witnessing ballots.--A person who knowingly
20 witnesses more than five absentee ballots per election commits
21 a misdemeanor of the first degree, punishable as provided in
22 s. 775.082 or s. 775.083. This section does not apply to
23 attesting witnesses who are notaries public, persons entitled
24 to administer oaths pursuant to s. 101.655, or persons
25 certified to witness absentee ballots in accordance with s.
26 101.667.
27 Section 21. Section 101.667, Florida Statutes, is
28 created to read:
29 101.667 Certification of absentee ballot witnesses by
30 political parties.--
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1 (1) The state executive committee of any political
2 party may submit to the division a list of persons certified
3 by it to witness absentee ballots.
4 (2) The list must contain the full name, address,
5 Florida voter registration number, and driver's license number
6 of each witness certified.
7 (3) In order to be certified, the witness must submit
8 to the political party the information required in subsection
9 (2) and an affidavit from the witness that he or she has read
10 and understands chapter 104.
11 (4) Certification of an individual as a witness under
12 this section is valid for 1 year, and the state executive
13 committee of a political party submitting a list of certified
14 witnesses under this section must maintain the records
15 required in subsection (3) for 2 years.
16 Section 22. Section 196.141, Florida Statutes, is
17 amended to read:
18 196.141 Homestead exemptions; duty of property
19 appraiser.--
20 (1) The property appraiser shall examine each claim
21 for exemption filed with or referred to him or her and shall
22 allow the same, if found to be in accordance with law, by
23 marking the same approved and by making the proper deductions
24 on the tax books.
25 (2) The property appraiser shall examine each
26 referral, of a person registering to vote at an address
27 different from the one where the person has filed for a
28 homestead exemption, which has been provided by a supervisor
29 of elections pursuant to s. 98.015. The property appraiser
30 shall terminate a person's homestead exemption and assess back
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1 taxes, if appropriate, if the person claiming such exemption
2 is not entitled to the exemption under law.
3 Section 23. This act shall take effect January 1 of
4 the year after the year in which enacted.
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