House Bill 1507e2

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                                         HB 1507, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.071, F.S.; deleting procedures for mailing

  4         voter registration identification cards;

  5         repealing s. 97.056, F.S.; relating to

  6         registration by mail and persons required to

  7         vote in person; amending s. 101.64, F.S.;

  8         modifying absentee ballot certificates;

  9         amending s. 97.021, F.S.; modifying definition

10         of absent elector, to conform; amending s.

11         101.65, F.S.; modifying instructions to absent

12         electors; amending s. 101.68, F.S.; modifying

13         information that must be included on an

14         absentee ballot; amending s. 101.647, F.S.;

15         prescribing information that an absent

16         elector's designee must include with an

17         absentee ballot; amending s. 104.047, F.S.;

18         prohibiting the receipt of a fee or benefit for

19         witnessing an absentee ballot; providing a

20         criminal penalty; amending s. 104.31, F.S.;

21         prohibiting use of public facilities for the

22         purpose of promoting a candidate or issue;

23         providing exceptions; amending s. 105.031,

24         F.S.; providing that filing fees paid by

25         judicial candidates shall be deposited in the

26         Elections Commission Trust Fund; providing that

27         filing fees paid by school board candidates be

28         deposited in the Elections Commission Trust

29         Fund; amending s. 106.011, F.S.; redefining the

30         term "contribution"; amending s. 106.071, F.S.;

31         reducing the amount of allowable contribution


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                                         HB 1507, Second Engrossed



  1         for an independent expenditure; amending s.

  2         106.15, F.S.; prohibiting candidates from using

  3         county, municipality, school board, or special

  4         district employees in their campaigns during

  5         working hours; amending s. 106.17, F.S.;

  6         prohibiting state agencies from soliciting

  7         pledges or authorizing or conducting polls or

  8         surveys relating to candidacies for public

  9         office; exempting polls or surveys conducted by

10         institutions of higher learning for research

11         purposes; providing effective dates.

12

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

14

15         Section 1.  Section 97.056, Florida Statutes, 1998

16  Supplement, is repealed effective July 1, 1999.

17         Section 2.  Paragraph (a) of subsection (1) of section

18  97.021, Florida Statutes, 1998 Supplement, is amended to read:

19         97.021  Definitions.--For the purposes of this code,

20  except where the context clearly indicates otherwise, the

21  term:

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

23  qualified voter who:

24         (a)  Is unable to attend the polls on election day

25  without another's assistance to attend the polls.

26         Section 3.  Section 97.071, Florida Statutes, 1998

27  Supplement, is amended to read:

28         97.071  Registration identification card.--

29         (1)  A registration identification card must be

30  furnished to all voters registering under the permanent single

31  registration system and must contain:


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                                         HB 1507, Second Engrossed



  1         (a)  Voter's registration number.

  2         (b)  Date of registration.

  3         (c)  Full name.

  4         (d)  Party affiliation.

  5         (e)  Date of birth.

  6         (f)  Race or ethnicity, if provided by the applicant.

  7         (g)  Sex, if provided by the applicant.

  8         (h)  Address of legal residence.

  9         (i)  Precinct number.

10         (j)  Signature of supervisor.

11         (k)  Place for voter's signature.

12         (l)  Other information deemed necessary by the

13  department.

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

15  supervisor of elections shall mail a registration

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

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

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

19  mail.  If the identification card is returned as undeliverable

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

21  registration application, the supervisor must mail a notice to

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

23  registration identification card was returned and that the

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

25  up the identification card.  The supervisor must surrender the

26  identification card to the elector upon presentation of a

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

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

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

30  furnish the required identification, or if the supervisor has

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


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                                         HB 1507, Second Engrossed



  1  require the elector to swear an oath substantially similar to

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

  3  identification card.  The supervisor must keep the

  4  identification card on file for 45 days following return of

  5  the card as undeliverable.

  6         (b)  The supervisor shall mail the voter identification

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

  8  Uniformed and Overseas Citizens Absentee Voting Act.

  9         (2)(3)  A voter may receive a replacement of a

10  registration identification card by providing a signed,

11  written request for a replacement card to the supervisor. Upon

12  verification of registration, the supervisor shall issue the

13  voter a duplicate card without charge.

14         (3)(4)  In the case of a change of name, address, or

15  party affiliation, the supervisor must issue the voter a new

16  registration identification card. However, a registration

17  identification card indicating a party affiliation change made

18  between the book-closing date for the first primary election

19  and the date of the second primary election may not be issued

20  until after the second primary election.

21         Section 4.  Section 101.64, Florida Statutes, 1998

22  Supplement, is amended to read:

23         101.64  Delivery of absentee ballots; envelopes;

24  form.--

25         (1)  The supervisor shall enclose with each absentee

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

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

28  mailing envelope, into which the absent elector shall then

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

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

31  substantially the following form:


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                                         HB 1507, Second Engrossed



  1

  2         Note:  Please Read Instructions Carefully Before

  3        Marking Ballot and Completing Voter's Certificate.

  4                       VOTER'S CERTIFICATE

  5         I, ...., do solemnly swear or affirm that I am a

  6  qualified and registered voter of .... County, Florida. I

  7  understand that if I commit or attempt to commit any fraud in

  8  connection with voting, vote a fraudulent ballot, or vote more

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

10  the third degree and fined up to $5,000 and/or imprisoned for

11  up to 5 years.  I also understand that failure to sign this

12  certificate and have my signature witnessed will invalidate my

13  ballot. I am entitled to vote an absentee ballot for one of

14  the following reasons:

15

16         1.  I am unable to attend the polls on election day.

17  without another's assistance to attend the polls.

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

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

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

21  machine custodian, a deputy sheriff, a supervisor of

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

23  different precinct than that in which I am registered.

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

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

26  primary election.

27         5.  I have changed my permanent residency to another

28  county in Florida within the time period during which the

29  registration books are closed for the election.  I understand

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

31  offices and on statewide issues.


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                                         HB 1507, Second Engrossed



  1         6.  I have changed my permanent residency to another

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

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

  4  only for President and Vice President.

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

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

  7  the supervision of, the county supervisor of elections.

  8

  9                                       ...(Voter's Signature)...

10                                 ....(Printed Name of Voter)....

11

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

13  Note: Your Signature Must Be Witnessed By One Witness 18 Years

14  of Age or Older as provided in Item 7. of the Instruction

15  Sheet. Either:

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

17  Instruction Sheet.

18

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

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

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

22  ........, ...(year)....

23                                   ...(Signature of Official)...

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

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

26         Personally Known ........ OR Produced Identification

27  ........

28         Type of Identification Produced........................

29

30                                OR

31


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                                         HB 1507, Second Engrossed



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

  2  State.

  3

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

  5  Certificate in my presence and that, unless I am an officer

  6  entitled to administer oaths or unless I have been certified

  7  as an absentee ballot coordinator, I have not witnessed more

  8  than 5 ballots for this election.

  9

10  WITNESS:

11

12  ...(Signature of Witness)...

13                                 ...(Printed Name of Witness)...

14

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

16                         Registration)...

17

18  ...(Address)...

19                                      ...(City/State/Country)...

20

21         (2)  The certificate shall be arranged on the back of

22  the mailing envelope so that the lines for the signatures of

23  the absent elector and the attesting witness are across the

24  seal of the envelope; however, no statement shall appear on

25  the envelope which indicates that a signature of the voter or

26  witness must cross the seal of the envelope.  The absent

27  elector and the attesting witness shall execute the

28  certificate on the envelope.

29         Section 5.  Section 101.65, Florida Statutes, 1998

30  Supplement, is amended to read:

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                                         HB 1507, Second Engrossed



  1         101.65  Instructions to absent electors.--The

  2  supervisor shall enclose with each absentee ballot separate

  3  printed instructions in substantially the following form:

  4

  5  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

  9  supervisor of elections of the county in which your precinct

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

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

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

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

14  or write.

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.  In order for your absentee ballot

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

23  (Voter's Signature) and print your name legibly on the line

24  above....(Printed Name of Voter)....., place the last four

25  digits of your Social Security number in the space provided,

26  and your ballot must be witnessed in either of the following

27  manners:

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

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

30  voter identification number, and county of registration on the

31  voter's certificate. Each witness is limited to witnessing


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                                         HB 1507, Second Engrossed



  1  five ballots per election unless certified as an absentee

  2  ballot coordinator. A candidate may not serve as an attesting

  3  witness.

  4         b.  Any notary or other officer entitled to administer

  5  oaths or any Florida supervisor of elections or deputy

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

  7  an attesting witness.

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

  9  to be counted, it must include the signature, legibly printed

10  name, and address of a witness 18 years of age or older

11  affixed to the voter's certificate. Each witness is limited to

12  witnessing 5 ballots per election unless certified as an

13  absentee ballot coordinator or unless the witness is an

14  officer entitled to administer oaths. A candidate may not

15  serve as an attesting witness.

16         8.7.  Mail, deliver, or have delivered the completed

17  mailing envelope. Be sure there is sufficient postage if

18  mailed.

19         9.8.  FELONY NOTICE. It is a felony under Florida law

20  to accept any gift, payment, or gratuity in exchange for your

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

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

23  or under any other circumstances making your ballot false or

24  fraudulent.

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

26  101.68, Florida Statutes, 1998 Supplement, is amended to read:

27         101.68  Canvassing of absentee ballot.--

28         (2)

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

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

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


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                                         HB 1507, Second Engrossed



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

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

  3  absentee ballot. An absentee ballot shall be considered

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

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

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

  7  which must be legible unless the name is plainly apparent from

  8  the signature, and address of an attesting witness. either:

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

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

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

12  identification number, and county of registration of one

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

14

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

16  the signature of the elector or attesting witness does not

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

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

19  canvassing board determines that any ballot is illegal, a

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

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

22  envelope and the ballot contained therein shall be preserved

23  in the manner that official ballots voted are preserved.

24         2.  If any elector or candidate present believes that

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

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

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

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

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

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

31


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                                         HB 1507, Second Engrossed



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

  2  has been removed from the mailing envelope.

  3         Section 7.  Section 101.647, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         101.647  Return of absentee ballots.--

  6         (1)  Absentee ballots must be returned to the

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

  8  mail.

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

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

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

12  person designated may not return more than two absentee

13  ballots per election, unless certified as an absentee ballot

14  coordinator, other than the designee's own ballot, except that

15  additional ballots may be returned for members of the

16  designee's immediate family.  For purposes of this section,

17  the term "immediate family" means the designee's spouse or the

18  parent, child, grandparent, or sibling of the designee or of

19  the designee's spouse.  The designee must provide to the

20  supervisor the written authorization by the elector and a

21  picture identification of the designee and must complete an

22  affidavit. The designee shall state in the affidavit that the

23  designee is authorized to return that ballot and shall

24  indicate if the elector is a member of the designee's

25  immediate family and, if so, the relationship. The designee

26  shall also state in the affidavit that the designee has not

27  and will not return more than two absentee ballots for this

28  election, unless certified as an absentee ballot coordinator,

29  other than the designee's own ballot and ballots for the

30  designee's immediate family. The department shall prescribe

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


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                                         HB 1507, Second Engrossed



  1  the designee is authorized under law to return the ballot, the

  2  supervisor shall accept receipt of the ballot.

  3         Section 8.  Subsections (1) and (3) of section 104.047,

  4  Florida Statutes, 1998 Supplement, are amended to read:

  5         104.047  Absentee voting.--

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

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

  8  exchange for distributing, ordering, requesting, witnessing,

  9  collecting, delivering, or otherwise physically possessing

10  absentee ballots, except as provided in ss. 101.6105-101.694,

11  is guilty of a felony of the third degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084.

13         (3)  Any person, other than an a notary or other

14  officer entitled to administer oaths or an absentee ballot

15  coordinator as provided by s. 101.685, who witnesses more than

16  five ballots in any single election, is guilty of a

17  misdemeanor of the first degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         Section 9.  Subsections (2) and (3) of section 104.31,

20  Florida Statutes, are renumbered as subsections (3) and (4),

21  respectively, and a new subsection (2) is added to said

22  section to read:

23         104.31  Political activities of state, county, and

24  municipal officers and employees.--

25         (2)  No public officer, employee of any agency, or

26  local government attorney shall use or authorize the use of

27  any of the facilities  of a public office or agency, directly

28  or indirectly, for the purpose of promoting or opposing a

29  candidate; an issue as defined in s. 106.011(7); or for

30  testimonials, thank you promotions, or other forms of paid

31  media advertising on behalf of a public official.  For


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                                         HB 1507, Second Engrossed



  1  purposes of this subsection facilities of public office or

  2  agency include, but are not limited to, use of stationery,

  3  postage, machines and equipment, use of employees of the

  4  office or agency during working hours, vehicles, office space,

  5  publications of the office or agency, and clientele lists of

  6  persons served by the office or agency.  This subsection shall

  7  not apply to the following activities:

  8         (a)  Action taken at an open public meeting by members

  9  of an elected legislative body as defined in s. 447.203(10) to

10  express a collective decision, or to actually vote upon a

11  motion, proposal, resolution, order, or ordinance, or to

12  support or oppose an issue as defined in s. 106.011(7).

13         (b)  Lobbying before a legislative body for the purpose

14  of advocating the official position of an agency or public

15  office on matters of public interest, to the extent otherwise

16  permitted by law, specific appropriation or agency policy.

17         (c)  A statement by an elected official in support of

18  or in opposition to an issue as defined in s. 106.011(7) at an

19  open press conference or in response to a specific inquiry.

20         (d)  The use of a publicly-owned or publicly-controlled

21  building or office for a campaign for public office, or for

22  the promotion of an issue or legislation where the

23  governmental entity has clearly adopted and made generally

24  known a policy establishing the property as a public forum

25  open to all on equal terms on a nondiscriminatory basis.

26         (e)  An elected official's communication during the

27  normal course of business with his or her constituents in

28  which information about legislative or public issues is

29  provided.

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                                         HB 1507, Second Engrossed



  1  For purposes of this subsection, "communications" include, but

  2  are not limited to, providing information via Internet World

  3  Wide Web home pages, newsletters, and other periodic

  4  communications such as letters, surveys, questionnaires,

  5  flyers, or postcards.

  6         Section 10.  Subsection (3) of section 105.031, Florida

  7  Statutes, is amended to read:

  8         105.031  Qualification; filing fee; candidate's oath;

  9  items required to be filed.--

10         (3)  QUALIFYING FEE.--Each candidate qualifying for

11  election to judicial office, except write-in judicial

12  candidates, shall, during the time for qualifying, pay to the

13  officer with whom he or she qualifies a qualifying fee, which

14  shall consist of a filing fee and an election assessment, or

15  qualify by the alternative method. The amount of the filing

16  fee is 3 percent of the annual salary of the office sought.

17  The amount of the election assessment is 1 percent of the

18  annual salary of the office sought.  The qualifying officer

19  shall forward all filing fees to the Department of Revenue for

20  deposit in the Elections Commission Trust Fund General Revenue

21  Fund.  The election assessment shall be deposited into the

22  Elections Commission Trust Fund.  The annual salary of the

23  office for purposes of computing the qualifying fee shall be

24  computed by multiplying 12 times the monthly salary authorized

25  for such office as of July 1 immediately preceding the first

26  day of qualifying. This subsection shall not apply to

27  candidates qualifying for retention to judicial office.

28         Section 11.  The qualifying officer shall forward all

29  filing fees paid by candidates for school board office, except

30  write-in candidates, to the Department of Revenue for deposit

31  into the Elections Commission Trust Fund.


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                                         HB 1507, Second Engrossed



  1         Section 12.  Subsection (3) of section 106.011, Florida

  2  Statutes, is amended to read:

  3         106.011  Definitions.--As used in this chapter, the

  4  following terms have the following meanings unless the context

  5  clearly indicates otherwise:

  6         (3)  "Contribution" means:

  7         (a)  A gift, subscription, conveyance, deposit, loan,

  8  payment, or distribution of money or anything of value,

  9  including contributions in kind having an attributable

10  monetary value in any form, made for the purpose of

11  influencing the results of an election.

12         (b)  A transfer of funds between political committees,

13  between committees of continuous existence, or between a

14  political committee and a committee of continuous existence.

15         (c)  The payment, by any person other than a candidate

16  or political committee, of compensation for the personal

17  services of another person which are rendered to a candidate

18  or political committee without charge to the candidate or

19  committee for such services.

20         (d)  The transfer of funds by a campaign treasurer or

21  deputy campaign treasurer between a primary depository and a

22  separate interest-bearing account or certificate of deposit,

23  and the term includes any interest earned on such account or

24  certificate.

25

26  Notwithstanding the foregoing meanings of "contribution," the

27  word shall not be construed to include services, including,

28  but not limited to, legal and accounting services, provided

29  without compensation by individuals volunteering a portion or

30  all of their time on behalf of a candidate or political

31  committee.  This definition shall not be construed to include


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                                         HB 1507, Second Engrossed



  1  editorial endorsements by any newspaper, radio or television

  2  station, or other recognized news medium.

  3         Section 13.  Subsection (3) of section 106.071, Florida

  4  Statutes, is amended to read:

  5         106.071  Independent expenditures; reports;

  6  disclaimers.--

  7         (3)  No person may make a contribution in excess of

  8  $500 $1,000 to any other person, to be used by such other

  9  person to make an independent expenditure.

10         Section 14.  Subsection (3) of section 106.15, Florida

11  Statutes, is amended to read:

12         106.15  Certain acts prohibited.--

13         (3)  No candidate shall, in the furtherance of his or

14  her candidacy for nomination or election to public office in

15  any election, use the services of any officer or employee of

16  the state, county, municipality, school board, or special

17  district during working hours.

18         Section 15.  Section 106.17, Florida Statutes, is

19  amended to read:

20         106.17  Polls and surveys relating to candidacies;

21  prohibitions.--

22         (1)  Any candidate, political committee, or state or

23  county executive committee of a political party may authorize

24  or conduct a political poll, survey, index, or measurement of

25  any kind relating to candidacy for public office so long as

26  the candidate, political committee, or political party

27  maintains complete jurisdiction over the poll in all its

28  aspects.

29         (2)  A state agency may not solicit any pledge or

30  authorize or conduct any political poll, survey, index, or

31  measurement of any kind for the purpose of evaluating or


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                                         HB 1507, Second Engrossed



  1  rating any candidate for public office.  For the purpose of

  2  this subsection, the term "state agency" means any official or

  3  officer in his or her official capacity, commission,

  4  authority, council, committee, department, division, bureau,

  5  board, section, or other unit or entity of the executive

  6  branch of state government which receives the majority of its

  7  funding from the state. However, polls or surveys conducted by

  8  institutions of higher learning for research purposes are

  9  exempt from the provisions of this subsection.

10         Section 16.  Except as otherwise provided herein, this

11  act shall take effect January 1, 2000.

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27

28

29

30

31


                                  17