House Bill 3743e1

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  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; providing an additional duty of

  4         the Secretary of State; amending s. 98.015,

  5         F.S.; requiring supervisors of elections to

  6         notify property appraisers of voters who are

  7         registered at an address other than the voters

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

  9         revising the definition of absent elector;

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

11         statewide voter registration application;

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

13         standards for accepting the uniform statewide

14         voter registration application; creating s.

15         97.056, F.S.; providing that persons who

16         register to vote by mail must vote in person at

17         first elector after registration; providing

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

19         that voter registration cards be mailed to

20         voter registration address; providing

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

22         providing periodic list maintenance to the

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

24         providing forms of picture identification

25         included on precinct register; amending s.

26         98.471, F.S.; requiring photo identification to

27         vote at the polls; providing an exception;

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

29         terms of charter county commissioners; amending

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

31         penalties for voting fraud be posted at each


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

  2         restricting telephone requests for absentee

  3         ballots; revising methods of delivery of

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

  5         revising the voter's certificate; providing

  6         reasons for voting absentee; requiring

  7         additional information from the voter and the

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

  9         for the return of absentee ballots; amending s.

10         101.65, F.S.; revising instructions to absentee

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

12         providing for in-person absentee voting;

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

14         voters to personally mark their ballot;

15         providing exceptions; amending s. 101.665,

16         F.S.; providing that supervisors of elections

17         and other specified persons may administer

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

19         canvassing of absentee ballots; revising the

20         requirements for legal ballots; requiring the

21         supervisor of elections to notify certain

22         absent electors whose ballots are rejected;

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

24         designation of absentee ballot coordinators to

25         witness absentee ballots; amending s. 102.012,

26         F.S.; provides that persons who are

27         preregistered to vote may serve on election

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

29         the penalty for paying someone to register,

30         interfering with registration, paying someone

31         to solicit registrations on a contingent fee


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  1         basis, or altering a voter registration;

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

  3         penality to unauthorized use, possession, or

  4         destruction of a voter registration

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

  6         increasing the penalty for vote selling;

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

  8         for offenses relating to absentee ballots and

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

10         the penalty for an election official

11         interfering with voting; amending s. 104.0515,

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

13         voting rights; amending s. 104.061; increasing

14         the penalty for corruptly influencing voting;

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

16         penalty for employers who threaten employees

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

18         increasing the penalty for using a false name

19         in connection with voting; amending s. 104.42,

20         F.S.; authorizing supervisors of elections to

21         investigate fraud in registration and voting;

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

23         notary may not charge a fee for witnessing an

24         absentee ballot and may not refuse to witness

25         an absentee ballot; amending ss. 106.25,

26         106.26, 106.265, 106.27, F.S.; authorizing the

27         Florida Elections Commission to investigate

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

29         procedures; providing a time period for filing

30         complaints with the commission; providing for

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


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  1         requiring property appraiser examine the

  2         homestead exemption of persons referred by the

  3         supervisor of elections to determine lawfulness

  4         and to initiate procedures to terminate the

  5         exemption and assess back taxes if appropriate;

  6         providing an effective date.

  7

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

  9

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

11  Florida Statutes, to read:

12         97.012  Secretary of State as chief election

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

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

15         (12)  Maintain a voter fraud hotline and provide

16  election-fraud education to the public.

17         Section 2.  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 3.  Subsection (1) of section 97.021, Florida

30  Statutes, is amended to read:

31


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  1         97.021  Definitions.--For the purposes of this code,

  2  except where the context clearly indicates otherwise, the

  3  term:

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

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

  6  day.

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

  8  the polls.

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

10  machine custodian, a deputy sheriff, a supervisor of

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

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

13  to vote.

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

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

16  primary election.

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

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

19  the election.

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

21  in this state within the time period during which the

22  registration books are closed for the election for which the

23  ballot is requested.

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

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

26  general election; however, this pertains only to presidential

27  ballots.

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

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

30         97.052  Uniform statewide voter registration

31  application.--


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  1         (2)  The uniform statewide voter registration

  2  application must be designed to elicit the following

  3  information from the applicant:

  4         (a)  Full name.

  5         (b)  Date of birth.

  6         (c)  Address of legal residence.

  7         (d)  Mailing address, if different.

  8         (e)  County of legal residence.

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

10  been granted a homestead exemption, if any.

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

12  applicant:

13         1.  American Indian or Alaskan Native.

14         2.  Asian or Pacific Islander.

15         3.  Black, not Hispanic.

16         4.  White, not Hispanic.

17         5.  Hispanic.

18         (h)(g)  Sex.

19         (i)(h)  Party affiliation.

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

21  voting.

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

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

24  security number (optional).

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

26  identification number from a Florida identification card

27  issued under s. 322.051.

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

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

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

31  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         (p)(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         (q)(o)  Whether the applicant is a citizen of the

  7  United States.

  8         (r)(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         (s)(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 must shall be in plain language and

16  designed so that convicted felons whose civil rights have been

17  restored and persons who have been adjudicated mentally

18  incapacitated and have had their voting rights restored are

19  not required to 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. 193.092, 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 5.  Effective July 1, 1999, subsection (5) of

26  section 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         (b)  An applicant who fails to designate party

20  affiliation must be registered without party affiliation. The

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

22  been registered without party affiliation and that the voter

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

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

25  Florida Statutes, is created to read:

26         97.056  Registration by mail; persons required to vote

27  in person.--

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

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

30  is registered must vote:

31


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

  2  registered to vote; or

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

  4  elections, as provided in s. 101.657.

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

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

  7  Uniformed and Overseas Citizens Absentee Voting Act, the

  8  Voting Accessibility for the Elderly and Handicapped Act, or

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

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

11  election.

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

13  97.071, Florida Statutes, are redesignated as subsections (3)

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

15  that section to read:

16         97.071  Registration identification card.--

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

18  supervisor of elections shall mail a registration

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

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

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

22  mail.  If the identification card is returned as undeliverable

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

24  registration application, the supervisor must mail a notice to

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

26  registration identification card was returned and that the

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

28  up the identification card.  The supervisor must surrender the

29  identification card to the elector upon presentation of a

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

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


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

  2  furnish the required identification, or if the supervisor has

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

  4  require the elector to swear an oath substantially similar to

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

  6  identification card.  The supervisor must keep the

  7  identification card on file for 45 days following return of

  8  the card as undeliverable.

  9         (b)  The supervisor shall mail the voter identification

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

11  Uniformed and Overseas Citizens Absentee Voting Act.

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

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

14         98.0975  Central voter file; periodic list

15  maintenance.--

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

17  each county supervisor of elections a list containing the

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

19  available information identifying the voter of each person

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

21  the supervisor's county who:

22         (a)  Is deceased;

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

24  or her civil rights restored; or

25         (c)  Has been adjudicated mentally incompetent and

26  whose mental capacity with respect to voting has not been

27  restored.

28         (2)  The division shall annually update the information

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

30  supervisor by June 1 of each year.

31


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

  2  section, the division shall annually contract with a private

  3  entity to compare information in the central voter file with

  4  available information in other computer databases, including,

  5  without limitation, databases containing reliable criminal

  6  records and records of deceased persons.

  7         (b)  The entity contracted by the division is

  8  designated as an agent of the division for purposes of

  9  administering the contract, and must be limited to seeking

10  only that information which is necessary for the division to

11  meet its obligations under this section. Information obtained

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

13  determining voter eligibility.

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

15  supervisor must remove from the registration books by the next

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

17  convicted of a felony, or adjudicated mentally incapacitated

18  with respect to voting.

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

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

21         98.461  Registration form, precinct register;

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

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

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

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

26  registration forms may be microfilmed and such microfilms

27  substituted for the original registration forms; or, when

28  voter registration information, including the voter's

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

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

31  the original registration form. Such microfilms or stored


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  1  information shall be retained in the custody of the supervisor

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

  3  microfilmed or maintained digitally or on electronic or other

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

  5  schedule approved by the Bureau of Archives and Records

  6  Management of the Division of Library and Information Services

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

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

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

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

11  register in lieu of the registration books. The precinct

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

13  number, and the following information concerning each

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

15  initial; party affiliation; residence address; registration

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

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

18  additional information as to readily identify the elector. The

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

20  identification approved by the Department of State, which must

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

22  registration identification card and Florida driver's license,

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

24  another form of picture identification approved by the

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

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

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

28  signature slip or ballot number.

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

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

31


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  1         98.471  Use of precinct register at polls.--The

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

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

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

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

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

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

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

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

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

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

12  and the clerk or inspector shall compare the signature with

13  that on the identification provided by the elector and enter

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

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

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

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

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

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

20  The precinct register may also contain the information set

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

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

23  identification provided by the elector shall be used for the

24  signature comparison.

25         Section 11.  Effective upon becoming law, subsection

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

27         100.041  Officers chosen at general election.--

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

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

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

31  commencing on the second Tuesday following such election, and


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  1  each county commissioner from an even-numbered district shall

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

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

  4  commencing on the second Tuesday following such election.

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

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

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

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

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

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

11  January following each member's election.

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

13  101.5611, Florida Statutes, to read:

14         101.5611  Instructions to electors.--

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

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

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

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

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

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

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

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

23  are amended to read:

24         101.62  Request for absentee ballots.--

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

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

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

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

29  One request shall be deemed sufficient to receive an absentee

30  ballot for all elections which are held within a calendar

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


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

  2  elector desires to receive an absentee ballot.  Such request

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

  4  the supervisor to the elector is returned as undeliverable.

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

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

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

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

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

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

11  making the request must disclose:

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

13  requested;

14         2.  The elector's address;

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

16  security number;

17         4.  The registration number on the elector's

18  registration identification card;

19         5.  The requester's name;

20         6.  The requester's address;

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

22  available, driver's license number;

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

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

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

26  has requested an absentee ballot, the supervisor of elections

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

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

29  before the second primary and general election, the supervisor

30  of elections shall mail an advance absentee ballot to those

31  persons requesting ballots for such elections.  The advance


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

  2  the first primary absentee ballot as to the names of

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

  4  two candidates, those offices and all political party

  5  executive committee offices shall be omitted.  The advance

  6  absentee ballot for the general election shall be as specified

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

  8  political parties where nominations were not made in the first

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

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

11  absentee ballot. The advance absentee ballot or advance

12  absentee ballot information booklet shall be of a different

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

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

15  general election.  The supervisor shall mail an advance

16  absentee ballot for the second primary and general election to

17  each qualified absent elector for whom a request is received

18  until the absentee ballots are printed.  The supervisor shall

19  enclose with the advance second primary absentee ballot and

20  advance general election absentee ballot an explanation

21  stating that the absentee ballot for the election will be

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

23  absentee ballot and the absentee ballot for the election are

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

25  be counted.

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

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

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

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

30

31


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                               CS/HBs 3743 & 3941, First Engrossed



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

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

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

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

  5  plan to return before the day of the election;

  6         b.  The elector is temporarily unable to occupy the

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

  8  emergency or natural disaster; or

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

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

11  facility, or correctional facility,

12

13  in which case the supervisor shall mail the ballot

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

15  address the elector specifies in the request.

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

17  vote by absentee ballot under the Uniformed and Overseas

18  Citizens Voting Act.

19         3.  By personal delivery to the elector, upon

20  presentation of the identification required in s. 101.657.

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

22  4 days prior to the day of an election. Any elector may

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

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

25  than two absentee ballots per election, other than the

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

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

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

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

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

31  designee shall provide to the supervisor the written


                                  18

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                               CS/HBs 3743 & 3941, First Engrossed



  1  authorization by the elector and a picture identification of

  2  the designee and must complete an affidavit.  The designee

  3  shall state in the affidavit that the designee is authorized

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

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

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

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

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

  9  signature of the elector on the written authorization matches

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

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

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

13  Statutes, is amended to read:

14         101.64  Delivery of absentee ballots; envelopes;

15  form.--

16         (1)  The supervisor shall enclose with each absentee

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

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

19  mailing envelope, into which the absent elector shall then

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

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

22  substantially the following form:

23

24         Note:  Please Read Instructions Carefully Before

25        Marking Ballot and Completing Voter's Certificate.

26                       VOTER'S CERTIFICATE

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

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

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

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



  1  $5,000 and/or imprisoned for up to 5 years.  I also understand

  2  that failure to sign this certificate and have my signature

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

  4  absentee ballot for one of the following reasons:

  5

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

  7  the polls.

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

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

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

11  machine custodian, a deputy sheriff, a supervisor of

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

13  different precinct than that in which I am registered.

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

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

16  primary election.

17         5.  I have changed my permanent residency to another

18  county in Florida within the time period during which the

19  registration books are closed for the election.  I understand

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

21  offices and on statewide issues.

22         6.  I have changed my permanent residency to another

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

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

25  only for President and Vice President.

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

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

28  the supervision of, the county supervisor of elections.

29                                       ...(Voter's Signature)...

30

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


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                               CS/HBs 3743 & 3941, First Engrossed



  1  Note: Your Signature Must Be Witnessed By Either:

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

  3  Instruction Sheet.

  4

  5

  6                                  ...(Signature of Applicant)...

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

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

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

10  ........, ...(year)....

11

12                                   ...(Signature of Official)...

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

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

15         Personally Known ........ OR Produced Identification

16  ........

17         Type of Identification Produced........................

18

19                                OR

20

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

22  State.

23

24

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

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

27  than 5 ballots for this election.

28

29  WITNESS:

30

31  ...(Signature of Witness)...


                                  21

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                               CS/HBs 3743 & 3941, First Engrossed



  1                                 ...(Printed Name of Witness)...

  2

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

  4                         Registration)...

  5

  6  ...(Address)...

  7                                              ...(City/State)...

  8

  9         Note:  Please Read Instructions Carefully Before

10        Marking Ballot and Completing Voter's Certificate.

11                       VOTER'S CERTIFICATE

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

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

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

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

16  that failure to sign this certificate and have my signature

17  witnessed will invalidate my ballot.

18                                       ...(Voter's Signature)...

19

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

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

22  Instruction Sheet.

23

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

25  Certificate in my presence.

26                   ...(Signature of Witness)...

27  ...(Address)...                             ...(City/State)...

28         Section 15.  Section 101.647, Florida Statutes, is

29  created to read:

30         101.647  Return of absentee ballots.--

31


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                               CS/HBs 3743 & 3941, First Engrossed



  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


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  or write.

  3         3.  Place your marked ballot in the enclosed secrecy

  4  envelope.

  5         4.  Insert the secrecy envelope into the enclosed

  6  mailing envelope which is addressed to the supervisor.

  7         5.  Seal the mailing envelope and completely fill out

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

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

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

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

12  either of the following manners:."

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

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

15  voter identification number, and county of registration on the

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

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

18  attesting witness.

19         b.  Any notary or other officer entitled to administer

20  oaths or any Florida supervisor of elections or deputy

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

22  an attesting witness.

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

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

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

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

27         7.8.  Mail, deliver, or have delivered the completed

28  mailing envelope. Be sure there is sufficient postage if

29  mailed.

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



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

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

  3  or under any other circumstances making your ballot false of

  4  fraudulent.

  5         Section 17.  Section 101.657, Florida Statutes, is

  6  created to read:

  7         101.657  Voting absentee ballots in

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

  9  registered elector who is unable to attend the polls on

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

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

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

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

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

15  identification approved by the Department of State.  If the

16  elector fails to furnish the required identification, or if

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

18  the supervisor must follow the procedure prescribed in s.

19  101.49.

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

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

22         101.66  Voting absentee ballots.--All electors must

23  personally mark or designate their choices on the absentee

24  ballot, except:

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

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

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

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

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

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

31  ballot.


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2         Section 19.  Section 101.665, Florida Statutes, is

  3  amended to read:

  4         101.665  Administration of oaths; military personnel,

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

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

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

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

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

10  civilian official empowered by state or federal law to

11  administer oaths, any supervisor of elections, deputy

12  supervisor of elections, or employee of the supervisor of

13  elections when designated by the supervisor of elections, or

14  any civilian employee designated by the head of any department

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

16  an oath to be administered and attested by another official

17  specifically named.

18         Section 20.  Section 101.68, Florida Statutes, is

19  amended to read:

20         101.68  Canvassing of absentee ballot.--

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

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

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

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

25  registration books to determine whether the elector is duly

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

27  registration certificate that the elector has voted.  The

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

29  office until the county canvassing board canvasses the vote.

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



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

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

  3  electronic tabulating equipment, the processing of absentee

  4  ballots through such tabulating equipment may begin upon the

  5  opening of the polls on election day.  However,

  6  notwithstanding any such authorization to begin canvassing or

  7  otherwise processing absentee ballots early, no result or

  8  tabulation of absentee ballots shall be made until after the

  9  close of the polls on election day.

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

11  by the canvassing board are accounted for, the canvassing

12  board shall compare the number of ballots in its possession

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

14  according to the supervisor's file or list.

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

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

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

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

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

20  absentee ballot. An absentee ballot shall be considered

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

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

23  by the registration records, and either:

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

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

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

27  identification number, and county of registration of one

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

29  signature and address of an attesting witness.

30

31


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  the signature of the elector or attesting witness does not

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

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

  5  canvassing board determines that any ballot is illegal, a

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

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

  8  envelope and the ballot contained therein shall be preserved

  9  in the manner that official ballots voted are preserved.

10         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

18  has been removed from the mailing envelope.

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

20  the proper record, unless the ballot has been previously

21  recorded by the supervisor. The mailing envelopes shall be

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

23  it impossible to determine which secrecy envelope came out of

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

25  an electronic or electromechanical voting system is used, the

26  ballots may be sorted by ballot styles and the mailing

27  envelopes may be opened and the secrecy envelopes mixed

28  separately for each ballot style.  The votes on absentee

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

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  to the total vote received by each candidate.

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

  4  the county canvassing board, notify each elector whose ballot

  5  was rejected as illegal because of a difference between the

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

  7  voter registration record.  The supervisor shall mail a voter

  8  registration application to the elector to be completed

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

10  not prohibit the supervisor from providing additional methods

11  for updating an elector's signature.

12         Section 21.  Section 101.685, Florida Statutes, is

13  created to read:

14         101.685  Absentee ballot coordinators.--

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

16  election, each political party may designate in writing with

17  the county supervisor of elections the names of persons to

18  serve as absentee ballot coordinators.  Each political party

19  may designate a number of absentee ballot coordinators for

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

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

22  county.

23         (2)  Notwithstanding any other provision of this

24  chapter, an absentee ballot coordinator may:

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

26         (b)  request absentee ballots on behalf of registered

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

28         (c)  return an unlimited number of voted absentee

29  ballots to the supervisor of elections.

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

31  Statutes, is amended to read:


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                               CS/HBs 3743 & 3941, First Engrossed



  1         102.012  Inspectors and clerks to conduct elections.--

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

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

  4  qualified elector of the county in which the member is

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

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

  7  appointed. No election board shall be composed solely of

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

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

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

11  whose name appears as an opposed candidate for any office

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

13         Section 23.  Section 104.012, Florida Statutes, is

14  amended to read:

15         104.012  Consideration for registration; interference

16  with registration; soliciting registrations for compensation;

17  alteration of registration application.--

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

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

20  her becoming a registered voter commits a felony misdemeanor

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

22  775.082, or s. 775.083, or s. 775.084. This section shall not

23  be interpreted, however, to exclude such services as

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

25  connection with the absence of an elector from home for

26  registering.

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

28  corruption, directly or indirectly, influences, deceives, or

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

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



  1  misdemeanor of the third first degree, punishable as provided

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

  3  subsequent conviction, commits a felony of the second third

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

  5  s. 775.084.

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

  7  solicit voter registrations for compensation that is based

  8  upon the number of registrations obtained. A person who

  9  violates the provisions of this subsection commits a felony

10  misdemeanor of the third first degree, punishable as provided

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

12         (4)  A person who alters the voter registration

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

14  knowledge and consent, commits a felony misdemeanor of the

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

16  s. 775.083, or s. 775.084.

17         Section 24.  Section 104.013, Florida Statutes, is

18  amended to read:

19         104.013  Unauthorized use, possession, or destruction

20  of voter registration identification card.--

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

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

23  counterfeit, or unlawfully issued voter registration

24  identification card unless possession by such person has been

25  duly authorized by the supervisor.

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

27  sell, or give away a voter registration identification card

28  unless said person has been duly authorized to issue a

29  registration identification card.

30

31


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  or deface the registration identification card of a duly

  3  registered voter.

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

  5  this section commits a felony misdemeanor of the third first

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

  7  or s. 775.084.

  8         Section 25.  Section 104.045, Florida Statutes, is

  9  amended to read:

10         104.045  Vote selling.--Any person who:

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

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

13  election in return for pecuniary or other benefit; or

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

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

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

17

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

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

20  775.084.

21         Section 26.  Section 104.047, Florida Statutes, is

22  created to read:

23         104.047  Absentee voting.--

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

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

26  exchange for distributing, ordering, requesting, collecting,

27  delivering, or otherwise physically possessing absentee

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

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

30  775.082, s. 775.083, or s. 775.084.

31


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  101.685, any person who requests an absentee ballot on behalf

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

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

  5  775.084.

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

  7  entitled to administer oaths or an absentee ballot coordinator

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

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

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

11  775.083.

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

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

14  101.655, or s. 101.66, is guilty of a felony of the third

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

16  s. 775.084.

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

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

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

20  101.647 is guilty of a misdemeanor of the first degree,

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

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

23  Statutes, is amended to read:

24         104.051  Violations; neglect of duty; corrupt

25  practices.--

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

27  employee who attempts to influence or interfere with any

28  elector voting a ballot commits is guilty of a felony

29  misdemeanor of the third first degree, punishable as provided

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

31


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  1         Section 28.  Section 104.0515, Florida Statutes, is

  2  amended to read:

  3         104.0515  Voting rights; deprivation of, or

  4  interference with, prohibited; penalty.--

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

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

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

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

  9  entitled and allowed to vote at all such elections without

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

11  servitude, notwithstanding any law, ordinance, regulation,

12  custom, or usage to the contrary.

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

14         (a)  In determining whether any individual is qualified

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

16  practice, or procedure different from the standards,

17  practices, or procedures applied under law to other

18  individuals within the same political subdivision who have

19  been found to be qualified to vote; or

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

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

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

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

24  in determining whether such individual is qualified under law

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

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

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

28  condition of servitude in regard to absentee ballots.

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

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



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

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

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

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

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

  6  selecting or electing any such candidate.

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

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

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

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

11  color.

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

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

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

15  or s. 775.084.

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

17  Statutes, is amended to read:

18         104.061  Corruptly influencing voting.--

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

20  corruption whatsoever, either directly or indirectly, attempts

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

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

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

24  felony misdemeanor of the third first degree, punishable as

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

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

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

28  775.084, for any subsequent conviction.

29         Section 30.  Section 104.081, Florida Statutes, is

30  amended to read:

31


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                               CS/HBs 3743 & 3941, First Engrossed



  1         104.081  Threats of employers to control votes of

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

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

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

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

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

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

  8  provisions of this section is guilty of a felony misdemeanor

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

10  775.082, or s. 775.083, or s. 775.084.

11         Section 31.  Section 104.24, Florida Statutes, is

12  amended to read:

13         104.24  Penalty for assuming name.--A person may not No

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

15  election process, fraudulently call himself or herself, or

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

17  the person elector is registered or fraudulently use the name

18  of another in voting.  Any person who violates this section is

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

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

21  775.084.

22         Section 32.  Section 104.42, Florida Statutes, is

23  amended to read:

24         104.42  Fraudulent registration and illegal voting;

25  investigation.--

26         (1)  The supervisor of elections is authorized to

27  investigate fraudulent registrations and illegal voting and to

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

29  Florida Elections Commission.

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

31  may appropriate funds to the supervisor of elections for the


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  1  purpose of investigating fraudulent registrations and illegal

  2  voting.

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

  4  Statutes, is amended to read:

  5         117.05  Use of notary commission; unlawful use; notary

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

  7  advertising; photocopies; penalties.--

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

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

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

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

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

13  notarial act is in accordance with the provisions of this

14  chapter.

15         Section 34.  Section 106.25, Florida Statutes, is

16  amended to read:

17         106.25  Reports of alleged violations to Florida

18  Elections Commission; disposition of findings.--

19         (1)  Jurisdiction to investigate and determine

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

21  Florida Elections Commission; however, nothing in this section

22  limits the jurisdiction of any other officers or agencies of

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

24  dispose of alleged violations of this code.

25         (2)  The commission shall investigate all violations of

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

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

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

29  having information of any violation of this chapter or chapter

30  104 shall file a sworn complaint with the commission.  Such

31  sworn complaint shall state whether a complaint of the same


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                               CS/HBs 3743 & 3941, First Engrossed



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

  2  after receipt of a sworn complaint, the commission shall

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

  4  sworn complaints alleging violations of the Florida Elections

  5  Code over which the commission has jurisdiction shall be filed

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

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

  8  complaint is filed with the commission.

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

10  violation shall mean the willful performance of an act

11  prohibited by this chapter or chapter 104 or the willful

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

13  104.

14         (4)  The commission shall undertake a preliminary

15  investigation to determine if the facts alleged in a sworn

16  complaint or a matter initiated by the division constitute

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

18  completion of the preliminary investigation, the commission

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

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

21  has been violated.

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

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

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

25  together with a written statement of the findings of the

26  preliminary investigation and a summary of the facts which the

27  commission shall send to the complainant and the alleged

28  violator.

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

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

31  All documents made or received in the disposition of the


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                               CS/HBs 3743 & 3941, First Engrossed



  1  complaint shall become public records upon a finding by the

  2  commission.

  3

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

  5  make a preliminary determination to consider the matter or to

  6  refer the matter to the state attorney for the judicial

  7  circuit in which the alleged violation occurred.

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

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

10  alleged by the Elections Commission to have committed a

11  violation of this chapter or chapter 104 the Florida Election

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

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

14  an administrative law judge in the Division of Administrative

15  Hearings.

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

17  complaint referred by the commission to investigate the

18  complaint promptly and thoroughly; to undertake such criminal

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

20  commission the results of such investigation, the action

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

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

23  complaint or a referral by the commission shall not bar

24  further action by the commission under this chapter.

25         (7)  Every sworn complaint filed pursuant to this

26  chapter with the commission, every investigation and

27  investigative report or other paper of the commission with

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

29  every proceeding of the commission with respect to a violation

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

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


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                               CS/HBs 3743 & 3941, First Engrossed



  1  from publication in the Florida Administrative Weekly of any

  2  notice or agenda with respect to any proceeding relating to

  3  such violation, except under the following circumstances:

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

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

  6  probable cause by the commission; or

  7         (c)  For proceedings conducted with respect to appeals

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

  9  reports required by this chapter.

10

11  However, a complainant is not bound by the confidentiality

12  provisions of this section.  In addition, confidentiality may

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

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

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

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

17  alleged violation occurred, such finding and the proceedings

18  and records relating to such case shall not become public

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

20  more persons are being investigated by the commission with

21  respect to an alleged violation of this chapter or chapter

22  104, the commission may not publicly enter a finding of

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

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

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

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

27  investigation have the right to waive the confidentiality of

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

29  the public.  Any person who discloses any information or

30  matter made confidential by the provisions of this subsection

31


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                               CS/HBs 3743 & 3941, First Engrossed



  1  commits a misdemeanor of the first degree, punishable as

  2  provided in s. 775.082 or s. 775.083.

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

  4  section while knowing that the allegations contained in such

  5  complaint are false or without merit commits a misdemeanor of

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

  7  775.083.

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

  9  Statutes, is amended to read:

10         106.26  Powers of commission; rights and

11  responsibilities of parties; findings by commission.--

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

13  alleged violation, the commission shall immediately begin

14  deliberations on the evidence presented at such hearings and

15  shall proceed to determine by affirmative vote of a majority

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

17  chapter 104 has occurred. Such determination shall promptly be

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

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

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

21  this chapter or no such assessment and shall bear the

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

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

24  106.265, Florida Statutes, are amended to read:

25         106.265  Civil penalties.--

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

27  violation of this chapter or chapter 104 to impose civil

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

29  In determining the amount of such civil penalties, the

30  commission shall consider, among other mitigating and

31  aggravating circumstances:


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                               CS/HBs 3743 & 3941, First Engrossed



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

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

  3         (c)  The appropriateness of such penalty to the

  4  financial resources of the person, political committee,

  5  committee of continuous existence, or political party; and

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

  7  of continuous existence, or political party has shown good

  8  faith in attempting to comply with the provisions of this

  9  chapter or chapter 104.

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

11  continuous existence, or political party fails or refuses to

12  pay to the commission any civil penalties assessed pursuant to

13  the provisions of this section, the Department of Revenue

14  State Comptroller shall be responsible for collecting the

15  civil penalties resulting from such action.

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

17  Florida Statutes, are amended to read:

18         106.27  Determinations by commission; legal

19  disposition.--

20         (1)  Criminal proceedings for violations of this

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

22  of competent jurisdiction.  Any such action brought under this

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

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

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

26  the issuance of certificates of election to successful

27  candidates who are alleged to have violated the provisions of

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

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

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

31


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                               CS/HBs 3743 & 3941, First Engrossed



  1  circuit in which is located the officer before whom the

  2  candidate qualified for office.

  3         Section 38.  Section 196.141, Florida Statutes, is

  4  amended to read:

  5         196.141  Homestead exemptions; duty of property

  6  appraiser.--

  7         (1)  The property appraiser shall examine each claim

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

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

10  marking the same approved and by making the proper deductions

11  on the tax books.

12         (2)  The property appraiser shall examine each

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

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

15  homestead exemption, which has been provided by a supervisor

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

17  shall initiate procedures to terminate a person's homestead

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

19  claiming such exemption is not entitled to the exemption under

20  law.

21         Section 39.  Except as otherwise expressly provided in

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

23

24

25

26

27

28

29

30

31


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