Senate Bill sb1116c1

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    Florida Senate - 2001                           CS for SB 1116

    By the Committee on Ethics and Elections; and Senators Posey,
    Lawson, Bronson and Sebesta




    313-1611-01

  1                      A bill to be entitled

  2         An act relating to certification deadlines;

  3         amending s. 102.112, F.S.; revising deadlines

  4         for certification of election results;

  5         requiring the acceptance of late-filed election

  6         returns in certain circumstances; increasing

  7         the fine for filing late-filed election

  8         returns; amending s. 102.111, F.S.; to conform;

  9         amending s. 99.063, F.S.; revising the date

10         that a candidate for Governor must designate a

11         Lieutenant Governor as a running mate; amending

12         s. 102.166, F.S.; modifying the deadline for

13         requesting a manual recount; providing an

14         effective date.

15

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

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18         Section 1.  Section 102.112, Florida Statutes, is

19  amended to read:

20         102.112  Deadline for submission of county returns to

21  the Department of State; penalties.--

22         (1)  The county canvassing board or a majority thereof

23  shall file the county returns for the election of a federal or

24  state officer with the Department of State immediately after

25  certification of the election results. Returns must be filed

26  by 5 p.m. on the 7th day following the first primary and

27  second primary general election and by 5 3 p.m. on the 11th

28  3rd day following the general election second primary. If the

29  county canvassing board is unable to timely certify the

30  results of an office or measure for which late-filed returns

31  must be accepted pursuant to subsection (2), the canvassing

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    Florida Senate - 2001                           CS for SB 1116
    313-1611-01




  1  board shall nevertheless certify by the deadline all races in

  2  which returns are complete. If the returns are not received by

  3  the department by the time specified, such returns may be

  4  ignored and the results on file at that time may be certified

  5  by the department.

  6         (2)(a)  If the county returns are not received by the

  7  Department of State by 5 p.m. of the 7th day following a

  8  primary election, all missing counties shall be ignored, and

  9  the results shown by the returns on file shall be certified.

10         (b)1.  Following a general election, the Department of

11  State shall accept returns filed after the certification

12  deadline as follows:

13         a.  For the office of United States Senate and United

14  States House of Representatives, until 5 p.m. on January 2 of

15  the year following the election.

16         b.  For statewide offices, until 5 p.m. on the first

17  Monday in January following the election.

18         c.  For state legislative offices, until 5 p.m. on the

19  13th day following the election.

20         d.  For other state or multi-county offices, until 5

21  p.m. on the day prior to the date the successful candidate is

22  to take office.

23         e.  For ballot measures, until 5 p.m. on the day prior

24  to the measure taking effect or until the certification

25  deadline, whichever is later.

26         2.  Following a general election, the Department of

27  State shall not accept returns filed after the certification

28  deadline for the offices of United States President and Vice

29  President.

30         (c)  If returns are missing from any county for an

31  office for which late-filed returns must be accepted pursuant

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    Florida Senate - 2001                           CS for SB 1116
    313-1611-01




  1  to paragraph (b), the Elections Canvassing Commission shall

  2  nevertheless certify the results for all other offices for

  3  which all returns have been received.  Following receipt of

  4  all late-filed returns accepted pursuant to paragraph (b), or

  5  upon the expiration of the late-filing deadline for the office

  6  in question, whichever occurs earlier, the Elections

  7  Canvassing Commission shall separately certify the results of

  8  that office.

  9         (3)(2)  The department shall fine each board member

10  $500 $200 for each day such returns are late, the fine to be

11  paid only from the board member's personal funds. Such fines

12  shall be deposited into the Election Campaign Financing Trust

13  Fund, created by s. 106.32.

14         (4)(3)  Members of the county canvassing board may

15  appeal such fines to the Florida Elections Commission, which

16  shall adopt rules for such appeals.

17         Section 2.  Section 102.111, Florida Statutes, is

18  amended to read:

19         102.111  Elections Canvassing Commission.--

20         (1)  Immediately after certification of any election by

21  the county canvassing board, the results shall be forwarded to

22  the Department of State concerning the election of any federal

23  or state officer. The Governor, the Secretary of State, and

24  the Director of the Division of Elections shall be the

25  Elections Canvassing Commission.  The Elections Canvassing

26  Commission shall, as soon as the official results are compiled

27  from all counties, certify the returns of the election and

28  determine and declare who has been elected for each federal,

29  state, and multi-county office. In the event that any member

30  of the Elections Canvassing Commission is unavailable to

31  certify the returns of any election, such member shall be

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    Florida Senate - 2001                           CS for SB 1116
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  1  replaced by a substitute member of the Cabinet as determined

  2  by the Director of the Division of Elections.  If the county

  3  returns are not received by the Department of State by 5 p.m.

  4  of the seventh day following an election, all missing counties

  5  shall be ignored, and the results shown by the returns on file

  6  shall be certified.

  7         (2)  The Division of Elections shall provide the staff

  8  services required by the Elections Canvassing Commission.

  9         Section 3.  Subsections (1) and (2) of section 99.063,

10  Florida Statutes, are amended to read:

11         99.063  Candidates for Governor and Lieutenant

12  Governor.--

13         (1)  No later than 5 p.m. of the 9th 6th day following

14  the second primary election, each candidate for Governor shall

15  designate a Lieutenant Governor as a running mate.  Such

16  designation must be made in writing to the Department of

17  State.

18         (2)  No later than 5 p.m. of the 9th 6th day following

19  the second primary election, each designated candidate for

20  Lieutenant Governor shall file with the Department of State:

21         (a)  The candidate's oath required by s. 99.021, which

22  must contain the name of the candidate as it is to appear on

23  the ballot; the office sought; and the signature of the

24  candidate, duly acknowledged.

25         (b)  The loyalty oath required by s. 876.05, signed by

26  the candidate and duly acknowledged.

27         (c)  If the office sought is partisan, the written

28  statement of political party affiliation required by s.

29  99.021(1)(b).

30         (d)  The full and public disclosure of financial

31  interests pursuant to s. 8, Art. II of the State Constitution.

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    Florida Senate - 2001                           CS for SB 1116
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  1         Section 4.  Paragraph (b) of subsection (4) of section

  2  102.166, Florida Statutes, is amended to read:

  3         102.166  Protest of election returns; procedure.--

  4         (4)

  5         (b)  Such request must be filed with the canvassing

  6  board prior to the time the canvassing board certifies the

  7  results for the office being protested or within 72 hours

  8  after midnight of the date the election was held, whichever

  9  occurs later.

10         Section 5.  This act shall take effect January 1, 2002.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                             SB 1116

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15  The committee substitute differs from the original bill in
    that it:  modifies certification deadlines for the second
16  primary and general elections; removes the Secretary of
    State's discretion with regard to late-filed election returns
17  by detailing the specific circumstances of when the Department
    of State must accept late-filed returns and when it must
18  reject late-filed returns; and, increases the personal fines
    on canvassing board members for failing to certify election
19  returns by the certification deadline, from $200/day to
    $500/day for each day late.
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