House Bill 0917e1

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                                        CS/HB 917, First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         100.361, F.S.; providing for municipal recall

  4         petitions to be attested to by a witness;

  5         removing determination of facial validity by

  6         the clerk; amending s. 101.657, F.S.; providing

  7         an alternative procedure for voting by absentee

  8         ballot; amending s. 102.012, F.S.; eliminating

  9         a requirement that election boards be composed

10         of three inspectors and a clerk; eliminating

11         the requirement that pollworkers be trained at

12         formal classes; amending s. 102.021, F.S., to

13         conform; amending s. 102.031, F.S.; providing

14         for a deputy sheriff to be present at each

15         polling place; providing an effective date.

16

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

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19         Section 1.  Subsections (1) and (7) of section 100.361,

20  Florida Statutes, are amended to read:

21         100.361  Municipal recall.--

22         (1)  RECALL PETITION.--Any member of the governing body

23  of a municipality or charter county, hereinafter referred to

24  in this section as "municipality," may be removed from office

25  by the electors of the municipality.  When the official

26  represents a district and is elected only by electors residing

27  in that district, only electors from that district are

28  eligible to sign the petition to recall that official and are

29  entitled to vote in the recall election. When the official

30  represents a district and is elected at-large by the electors

31  of the municipality, all electors of the municipality are


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                                        CS/HB 917, First Engrossed



  1  eligible to sign the petition to recall that official and are

  2  entitled to vote in the recall election. Where used in this

  3  section, the term "district" shall be construed to mean the

  4  area or region of a municipality from which a member of the

  5  governing body is elected by the electors from such area or

  6  region.  Members may be removed from office by the following

  7  procedure:

  8         (a)  A petition shall be prepared naming the person

  9  sought to be recalled and containing a statement of grounds

10  for recall in not more than 200 words limited solely to the

11  grounds specified in paragraph (b).  If more than one member

12  of the governing body is sought to be recalled, whether such

13  member is elected by the electors of a district or by the

14  electors of the municipality at-large, a separate recall

15  petition shall be prepared for each member sought to be

16  recalled.

17         1.  In a municipality or district of fewer than 500

18  electors, the petition shall be signed by at least 50 electors

19  or by 10 percent of the total number of registered electors of

20  the municipality or district as of the preceding municipal

21  election, whichever is greater.

22         2.  In a municipality or district of 500 or more but

23  fewer than 2,000 registered electors, the petition shall be

24  signed by at least 100 electors or by 10 percent of the total

25  number of registered electors of the municipality or district

26  as of the preceding municipal election, whichever is greater.

27         3.  In a municipality or district of 2,000 or more but

28  fewer than 5,000 registered electors, the petition shall be

29  signed by at least 250 electors or by 10 percent of the total

30  number of registered electors of the municipality or district

31  as of the preceding municipal election, whichever is greater.


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                                        CS/HB 917, First Engrossed



  1         4.  In a municipality or district of 5,000 or more but

  2  fewer than 10,000 registered electors, the petition shall be

  3  signed by at least 500 electors or by 10 percent of the total

  4  number of registered electors of the municipality or district

  5  as of the preceding municipal election, whichever is greater.

  6         5.  In a municipality or district of 10,000 or more but

  7  fewer than 25,000 registered electors, the petition shall be

  8  signed by at least 1,000 electors or by 10 percent of the

  9  total number of registered electors of the municipality or

10  district as of the preceding municipal election, whichever is

11  greater.

12         6.  In a municipality or district of 25,000 or more

13  registered electors, the petition shall be signed by at least

14  1,000 electors or by 5 percent of the total number of

15  registered electors of the municipality or district as of the

16  preceding municipal election, whichever is greater.

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18  Electors of the municipality or district making charges

19  contained in the statement of grounds for recall and those

20  signing the recall petition shall be designated as the

21  "committee."  A specific person shall be designated in the

22  petition as chair of the committee to act for the committee.

23  Electors of the municipality or district are eligible to sign

24  the petition. Signatures and oaths of witnesses circulators

25  shall be executed as provided in paragraph (c).  All

26  signatures shall be obtained within a period of 30 days, and

27  the petition shall be filed within 30 days after the date the

28  first signature is obtained on the petition.

29         (b)  The grounds for removal of elected municipal

30  officials shall, for the purposes of this act, be limited to

31  the following and must be contained in the petition:


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                                        CS/HB 917, First Engrossed



  1         1.  Malfeasance;

  2         2.  Misfeasance;

  3         3.  Neglect of duty;

  4         4.  Drunkenness;

  5         5.  Incompetence;

  6         6.  Permanent inability to perform official duties; and

  7         7.  Conviction of a felony involving moral turpitude.

  8         (c)  Each elector of the municipality signing a

  9  petition shall sign his or her name in ink or indelible pencil

10  as registered in the office of the supervisor of elections and

11  shall state on the petition his or her place of residence and

12  voting precinct.  Each petition shall contain appropriate

13  lines for the signatures, printed name and street address

14  addresses of the electors and an oath, to be executed by a

15  witness the circulator thereof, verifying the fact that the

16  witness the circulator saw each person sign the counterpart of

17  the petition, that each signature appearing thereon is the

18  genuine signature of the person it purports to be, and that

19  the petition was signed in the presence of the witness the

20  circulator on the date indicated.

21         (d)  The petition shall be filed with the auditor or

22  clerk of the municipality or charter county, or his or her

23  equivalent, hereinafter referred to as clerk, by the person

24  designated as chair of the committee, and, when the a facially

25  valid petition meeting the requirements of paragraph (b) is

26  filed, the clerk shall submit such petition to the county

27  supervisor of elections who shall, within a period of not more

28  than 30 days after the petition is filed with the supervisor,

29  determine whether the petition contains the required valid

30  signatures.  If it is determined by the clerk that the

31  petition does not meet the requirements of paragraph (b) and


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                                        CS/HB 917, First Engrossed



  1  therefore is not facially valid, the clerk shall so notify the

  2  governing body of the municipality or charter county and take

  3  no further action.  The petition cannot be amended after it is

  4  filed with the clerk.  The supervisor shall be paid by the

  5  persons or committee seeking verification the sum of 10 cents

  6  for each name checked.

  7         (e)  If it is determined that the petition does not

  8  contain the required signatures, the clerk shall so certify to

  9  the governing body of the municipality or charter county and

10  file the petition without taking further action, and the

11  matter shall be at an end.  No additional names may be added

12  to the petition, and the petition shall not be used in any

13  other proceeding.

14         (f)  If it is determined that the petition has the

15  required signatures, then the clerk shall at once serve upon

16  the person sought to be recalled a certified copy of the

17  petition.  Within 5 days after service, the person sought to

18  be recalled may file with the clerk a defensive statement of

19  not more than 200 words.  The clerk shall, within 5 days,

20  prepare a sufficient number of typewritten, printed, or

21  mimeographed copies of the recall petition and defensive

22  statement, as well as the names, addresses, and oaths on the

23  original petition, and deliver them to the person who has been

24  designated as chair of the committee and take his or her

25  receipt therefor.  Such prepared copies shall be entitled

26  "Recall Petition and Defense" and shall contain lines and

27  spaces for signatures and printed names of registered

28  electors, place of residence, election precinct number, and

29  date of signing, together with oaths to be executed by the

30  witnesses circulators which conform to the provisions of

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                                        CS/HB 917, First Engrossed



  1  paragraph (c). The clerk shall deliver forms sufficient to

  2  carry the signatures of 30 percent of the registered electors.

  3         (g)  Upon receipt of the "Recall Petition and Defense,"

  4  the committee may circulate them to obtain the signatures of

  5  15 percent of the electors.  Any elector who signs a recall

  6  petition shall have the right to demand in writing that his or

  7  her name be stricken from the petition.  A written demand

  8  signed by the elector shall be filed with the clerk and upon

  9  receipt of the demand the clerk shall strike the name of the

10  elector from the petition and place his or her initials to the

11  side of the signature stricken. However, no signature may be

12  stricken after the clerk has delivered the "Recall Petition

13  and Defense" to the supervisor of elections for verification.

14         (h)  Within 60 days after delivery of the "Recall

15  Petition and Defense" to the chair, the chair shall file with

16  the clerk the "Recall Petition and Defense" which bears the

17  signatures of electors.  The clerk shall assemble all signed

18  petitions, check to see that each petition is properly

19  verified by the oath of a witness the circulator, and submit

20  such petitions to the county supervisor of elections, who

21  shall determine the number of valid signatures, purge the

22  names withdrawn, certify within 30 days whether 15 percent of

23  the qualified electors of the municipality have signed the

24  petitions, and report his or her findings to the governing

25  body.  The supervisor shall be paid by the persons or

26  committee seeking verification the sum of 10 cents for each

27  name checked.

28         (i)  If the petitions do not contain the required

29  signatures, the clerk shall report such fact to the governing

30  body and file the petitions, the proceedings shall be

31  terminated, and the petitions shall not again be used. If the


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                                        CS/HB 917, First Engrossed



  1  signatures do amount to at least 15 percent of the qualified

  2  electors, the clerk shall serve notice of that fact upon the

  3  person sought to be recalled and deliver to the governing body

  4  a certificate as to the percentage of qualified voters who

  5  signed.

  6         (7)  OFFENSES RELATING TO PETITIONS.--No person shall

  7  impersonate another, purposely write his or her name or

  8  residence falsely in the signing of any petition for recall or

  9  forge any name thereto, or sign any paper with knowledge that

10  he or she is not a qualified elector of the municipality. No

11  expenditures for campaigning for or against an officer being

12  recalled shall be made until the date on which the recall

13  election is to be held is publicly announced.  The committee

14  and the officer being recalled shall be subject to chapter

15  106.  No person shall employ or pay another to accept

16  employment or payment for circulating or witnessing a recall

17  petition.  Any person violating any of the provisions of this

18  section shall be deemed guilty of a misdemeanor of the second

19  degree and shall, upon conviction, be punished as provided by

20  law.

21         Section 2.  Section 101.657, Florida Statutes, is

22  amended to read:

23         101.657  Voting absentee ballots in person.--

24         (1)  Notwithstanding s. 97.021(1), any qualified and

25  registered elector who is unable to attend the polls on

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

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

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

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

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

31  identification approved by the Department of State.  If the


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                                        CS/HB 917, First Engrossed



  1  elector fails to furnish the required identification, or if

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

  3  the supervisor must follow the procedure prescribed in s.

  4  101.49.

  5         (2)  As an alternative to the provisions of ss. 101.64,

  6  101.647, and 101.65, the supervisor of elections may allow an

  7  elector to cast an absentee ballot in the main or branch

  8  office of the supervisor by depositing the voted ballot in a

  9  voting device used by the supervisor to collect or tabulate

10  ballots. The results or tabulation may not be made before the

11  close of the polls on election day.

12         (3)  The elector must provide picture identification

13  and must complete an In-Office Voter Certificate in

14  substantially the following form:

15                   IN-OFFICE VOTER CERTIFICATE

16  I, ...., am a qualified and registered voter of .... County,

17  Florida. I do solemnly swear or affirm that I am the person so

18  listed on the voter registration rolls of .... County and that

19  I reside at the listed address. I understand that if I commit

20  or attempt to commit fraud in connection with voting, vote a

21  fraudulent ballot, or vote more than once in an election I

22  could be convicted of a felony of the third degree and both

23  fined up to $5,000 and imprisoned for up to 5 years. I

24  understand that my failure to sign this certificate and have

25  my signature witnessed invalidates my ballot. I am entitled to

26  vote an absentee ballot because I am unable to attend the

27  polls on election day.

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29

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

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                                        CS/HB 917, First Engrossed



  1  ....(Address)....

  2

  3  ....(City/State)....

  4

  5  ....(Name of Witness)....

  6

  7  ....(Signature of Witness)....

  8

  9  ....(Type of identification provided)....

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11         (4)  Any elector may challenge an elector seeking to

12  cast an absentee ballot under the provisions of s. 101.111.

13  Any challenged ballot must be placed in a regular absentee

14  ballot envelope. The canvassing board shall review the ballot

15  and decide the validity of the ballot by majority vote.

16         (5)  The canvass of returns for ballots cast under this

17  section shall be substantially the same as votes cast by

18  electors in precincts, as provided in s. 101.5614.

19         Section 3.  Subsections (1) and (8) of section 102.012,

20  Florida Statutes, are amended to read:

21         102.012  Inspectors and clerks to conduct elections.--

22         (1)  The supervisor of elections of each county, at

23  least 20 days prior to the holding of any election, shall

24  appoint two election boards for each precinct in the county;

25  however, the supervisor of elections may, in any election,

26  appoint one election board if the supervisor has reason to

27  believe that only one is necessary.  Each election board shall

28  be composed of three inspectors and a clerk.  The clerk shall

29  be in charge of, and responsible for, seeing that the election

30  board carries out its duties and responsibilities. Each

31  inspector and each clerk shall take and subscribe to an oath


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                                        CS/HB 917, First Engrossed



  1  or affirmation, which shall be written or printed, to the

  2  effect that he or she will perform the duties of inspector or

  3  clerk of election, respectively, according to law and will

  4  endeavor to prevent all fraud, deceit, or abuse in conducting

  5  the election. The oath may be taken before an officer

  6  authorized to administer oaths or before any of the persons

  7  who are to act as inspectors, one of them to swear the others,

  8  and one of the others sworn thus, in turn, to administer the

  9  oath to the one who has not been sworn.  The oaths shall be

10  returned with the poll list and the returns of the election to

11  the supervisor. In all questions that may arise before the

12  members of an election board, the decision of a majority of

13  them shall decide the question.  The supervisor of elections

14  of each county shall be responsible for the attendance and

15  diligent performance of his or her duties by each clerk and

16  inspector.

17         (8)  The supervisor of elections shall conduct training

18  classes for inspectors, clerks, and deputy sheriffs prior to

19  each first primary, general, and special election for the

20  purpose of instructing such persons in their duties and

21  responsibilities as election officials.  A certificate may be

22  issued by the supervisor of elections to each person

23  completing such training. No person shall serve as an

24  inspector, clerk, or deputy sheriff for an election unless

25  such person has completed the training class as required.  A

26  person who has attended previous training classes conducted

27  within 2 years of the election may be appointed by the

28  supervisor to fill a vacancy on election day.  If no person

29  with prior training is available to fill such vacancy, the

30  supervisor of elections may fill such vacancy in accordance

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                                        CS/HB 917, First Engrossed



  1  with the provisions of subsection (9) from among persons who

  2  have not received the training required by this section.

  3         Section 4.  Subsection (2) of section 102.021, Florida

  4  Statutes, is amended to read:

  5         102.021  Compensation of inspectors, clerks, and deputy

  6  sheriffs.--

  7         (2)  Inspectors and clerks of election and deputy

  8  sheriffs serving at the precincts may receive compensation and

  9  travel expenses, as provided in s. 112.061, for attending the

10  poll worker training classes required by s. 102.012(8).

11         Section 5.  Subsection (2) of section 102.031, Florida

12  Statutes, is amended to read:

13         102.031  Maintenance of good order at polls;

14  authorities; persons allowed in polling rooms; unlawful

15  solicitation of voters.--

16         (2)  The sheriff shall deputize a deputy sheriff for

17  each polling place precinct who shall be present during the

18  time the polls are open and until the election is completed,

19  who shall be subject to all lawful commands of the clerk or

20  inspectors, and who shall maintain good order.  The deputy may

21  summon assistance from among bystanders to aid him or her when

22  necessary to maintain peace and order at the polls.

23         Section 6.  This act shall take effect July 1, 2000.

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