Senate Bill sb1374c2

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    Florida Senate - 2001                    CS for CS for SB 1374

    By the Committees on Appropriations; Ethics and Elections; and
    Senators Carlton and Dawson




    309-1913B-01

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; revising definitions; amending

  4         ss. 98.471, 100.341, 100.361, F.S.; removing

  5         provisions relating to voting systems that use

  6         voting machines or paper ballots; amending s.

  7         101.015, F.S.; requiring the Division of

  8         Elections to review the voting systems

  9         certification standards to ensure that new

10         technologies are available and appropriately

11         certified for use; amending s. 101.151, F.S.;

12         modifying specifications for ballots; requiring

13         the Department of State to adopt rules

14         prescribing uniform ballots; amending ss.

15         101.21, 101.24, 101.292, 101.341, 101.43,

16         101.49, 101.58, 101.71, 101.75, 104.30, 138.05,

17         F.S.; removing provisions relating to voting

18         machines and updating references, to conform;

19         amending s. 101.5603, F.S.; deleting references

20         to punchcard marking and voting devices;

21         amending s. 101.5604, F.S.; providing for the

22         use of precinct tabulation electronic or

23         electromechanical voting systems in each

24         county; amending s. 101.5606, F.S.; providing

25         additional requirements for electronic and

26         electromechanical voting systems; prohibiting

27         the use of punchcard voting systems; amending

28         s. 101.5614, F.S.; removing references to

29         canvassing returns at central or regional

30         locations, to conform; creating s. 101.595,

31         F.S.; requiring supervisors of elections and

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  1         the Department of State to report on overvotes

  2         and undervotes following the general election;

  3         amending s. 103.101, F.S., relating to the form

  4         of the presidential preference primary, to

  5         conform; amending s. 582.18, F.S., relating to

  6         the election of district supervisors;

  7         conforming a cross-reference; repealing ss.

  8         100.071, 101.141, 101.181, 101.191, 101.251,

  9         101.5609, F.S., relating to the specification

10         and form of ballots, to conform; repealing ss.

11         101.011, 101.27, 101.28, 101.29, 101.32,

12         101.33, 101.34, 101.35, 101.36, 101.37, 101.38,

13         101.39, 101.40, 101.445, 101.45, 101.46,

14         101.47, 101.54, 101.55, 101.56, 102.012(7),

15         F.S., relating to voting machines, to conform;

16         amending s. 97.021, F.S.; revising the

17         definitions of the terms "absent elector" and

18         "primary election"; providing additional

19         definitions; creating s. 101.048, F.S.;

20         providing procedures for voting and counting

21         provisional ballots; amending s. 101.045, F.S.;

22         requiring verification of an elector's

23         eligibility if the elector's name is not on the

24         precinct register; amending s. 101.5614, F.S.;

25         providing for the return of provisional ballots

26         to the supervisor of elections; providing for

27         the canvass of provisional ballots; clarifying

28         the standard for counting votes on spoiled

29         ballots; amending s. 101.69, F.S.; allowing a

30         voter who has requested an absentee ballot and

31         who decides to vote at the polls on election

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  1         day to vote a provisional ballot, if the

  2         absentee ballot is not returned; amending s.

  3         102.111, F.S.; changing the composition of the

  4         Elections Canvassing Commission; revising

  5         deadlines for county returns; amending s.

  6         102.112, F.S.; revising deadlines for

  7         certification of election results; requiring

  8         the acceptance of late-filed election returns

  9         in certain circumstances; increasing the fine

10         for filing late-filed election returns;

11         amending s. 102.141, F.S.; requiring the county

12         canvassing board to provide public notice of

13         time and place of the canvass of provisional

14         ballots; modifying deadlines for submitting

15         unofficial returns; revising requirements for

16         an automatic machine recount; amending s.

17         102.166, F.S.; substantially modifying

18         standards and procedures for manual recounts;

19         amending s. 102.168, F.S.; revising the grounds

20         for an election contest; creating s. 102.135,

21         F.S.; prohibiting a member of the Elections

22         Canvassing Commission or a member of the county

23         canvassing board from rendering a post-election

24         decision that may affect the outcome of any

25         race in which the member publicly endorsed or

26         solicited contributions; creating s. 97.0555,

27         F.S.; providing for registration of certain

28         military and overseas persons; requiring the

29         Department of State to adopt rules specifying

30         eligibility; creating s. 101.6951, F.S.;

31         providing for a state write-in absentee ballot

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  1         for overseas voters; creating s. 101.6952,

  2         F.S.; providing for absentee ballots for

  3         overseas voters; creating s. 101.697, F.S.;

  4         providing for absentee ballot requests and

  5         voting via electronic transmission by overseas

  6         voters under certain circumstances; creating s.

  7         101.698, F.S.; authorizing the Elections

  8         Canvassing Commission to adopt emergency rules

  9         during crises to facilitate absentee voting;

10         amending s. 101.62, F.S.; modifying information

11         on absentee ballot requests; amending s.

12         101.64, F.S.; modifying absentee ballot

13         certificates; amending s. 101.65, F.S.;

14         modifying instructions to absent electors;

15         amending s. 101.657, F.S., relating to voting

16         absentee ballots; conforming provisions;

17         amending s. 101.68, F.S.; modifying information

18         that must be included on an absentee ballot;

19         authorizing the processing of absentee ballots

20         through tabulations for a specified period

21         before the election; amending s. 104.047, F.S.;

22         deleting a prohibition against persons

23         witnessing more than five ballots in an

24         election and a prohibition against returning

25         more than two ballots in an election, and the

26         penalties therefor; repealing ss. 101.647,

27         101.685, F.S., relating to returning absentee

28         ballots and absentee ballot coordinators;

29         amending s. 98.255, F.S.; providing for voter

30         education; amending s. 101.031, F.S.; providing

31         for a Voter's Bill of Rights and

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  1         Responsibilities; providing responsibilities of

  2         supervisors of elections; amending s. 101.131,

  3         F.S.; eliminating a requirement to call out

  4         names of voters; creating s. 102.014, F.S.;

  5         providing for pollworker recruitment and

  6         training; repealing s. 102.012(8) and (9),

  7         relating to pollworker training; amending s.

  8         97.073, F.S.; revising procedures to be

  9         followed when a voter registration application

10         is incomplete; amending s. 98.015, F.S.;

11         providing for the nonpartisan election of

12         supervisors of elections; amending s. 105.031,

13         F.S.; requiring candidates for supervisor of

14         elections to pay a qualifying fee, subscribe to

15         an oath, and file certain items in order to

16         qualify for election; amending s. 105.035,

17         F.S.; providing alternative procedures for

18         candidates for supervisor of elections to

19         qualify for election; amending s. 105.041,

20         F.S.; providing for the form of the ballot for

21         candidates for supervisor of elections;

22         providing for write-in candidates for

23         supervisor of elections; amending s. 105.051,

24         F.S.; providing for determination of election

25         to office of candidates for supervisor of

26         elections; amending s. 105.061, F.S.; providing

27         that supervisors of elections are to be elected

28         by vote of the qualified electors of the

29         county; amending s. 105.08, F.S.; providing

30         requirements for candidates for supervisor of

31         elections with respect to campaign

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  1         contributions and expenses and their reporting;

  2         repealing s. 100.091, F.S., to eliminate the

  3         second primary election; repealing s. 100.096,

  4         F.S., relating to the holding of special

  5         elections in conjunction with the second

  6         primary election, to conform; amending ss.

  7         97.055, 97.071, 97.1031, 98.081, F.S., relating

  8         to restrictions on changing party affiliation

  9         between primary elections, to conform; amending

10         ss. 99.061, 99.095, F.S., relating to

11         qualifying for nomination or election to

12         office, to conform; amending s. 99.063, F.S.;

13         adjusting the date to designate a Lieutenant

14         Governor running mate, to conform; amending ss.

15         99.103, 100.061, 100.081, 100.111, 100.141,

16         101.252, 101.62, 102.168, 103.021, 103.022,

17         103.091, 105.031, 105.041, 105.051, 106.07,

18         106.08, 106.29, F.S.; revising references, to

19         conform to the elimination of the second

20         primary election; amending s. 236.25, F.S.;

21         allowing certain school districts to levy, by

22         referendum, additional district school taxes;

23         providing limitations on the uses of the

24         resulting revenues; amending s. 236.31, F.S.;

25         providing for millage elections pursuant to s.

26         236.25, F.S.; amending s. 236.32, F.S.;

27         revising the procedures for conducting school

28         district millage elections; amending s. 97.041,

29         F.S.; providing for automatic restoration of

30         former felons' right to vote following

31         completion and satisfaction of sentence of

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  1         incarceration and community supervision;

  2         providing conditions on such automatic

  3         restoration; amending ss. 97.052, 97.053, F.S.,

  4         to conform; providing an appropriation for the

  5         design of a statewide voter registration

  6         database; providing requirements for the

  7         database; repealing s. 98.0975, F.S., relating

  8         to the central voter file maintained by the

  9         Division of Elections; providing for the

10         appropriation from the General Appropriations

11         Act to be used to implement the provisions of

12         the act; providing effective dates.

13

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

15

16         Section 1.  Effective August 1, 2002, subsections (2),

17  (29), and (30) of section 97.021, Florida Statutes, are

18  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         (2)  "Ballot" or "official ballot" when used in

23  reference to:

24         (a)  "Voting machines," except when reference is made

25  to write-in ballots, means that portion of the printed strips

26  of cardboard, paper, or other material that is within the

27  ballot frames containing the names of candidates, or a

28  statement of a proposed constitutional amendment or other

29  question or proposition submitted to the electorate at any

30  election.

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  1         (a)(b)  "Paper ballots" means that printed sheet of

  2  paper, used in conjunction with an electronic or

  3  electromechanical vote tabulation voting system, containing

  4  the names of candidates, or a statement of proposed

  5  constitutional amendments or other questions or propositions

  6  submitted to the electorate at any election, on which sheet of

  7  paper an elector casts his or her vote.

  8         (b)(c)  "Electronic or electromechanical devices" means

  9  a ballot that which is voted by the process of electronically

10  designating, including by touchscreen, punching or marking

11  with a marking device for tabulation by automatic tabulating

12  equipment or data processing equipment.

13         (29)  "Voting booth" or "booth" means that booth or

14  enclosure wherein an elector casts his or her ballot, be it a

15  paper ballot, a voting machine ballot, or a ballot cast for

16  tabulation by an electronic or electromechanical device.

17         (30)  "Voting system" means a method of casting and

18  processing votes that functions wholly or partly by use of

19  mechanical, electromechanical, or electronic apparatus or by

20  use of paper ballots and includes, but is not limited to, the

21  procedures for casting and processing votes and the programs,

22  operating manuals, tabulating cards, printouts, and other

23  software necessary for the system's operation.

24         Section 2.  Effective August 1, 2002, section 98.471,

25  Florida Statutes, is amended to read:

26         98.471  Use of precinct register at polls.--The

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

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

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

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

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

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

  2  s. 322.051, or another form of picture identification approved

  3  by the Department of State. The elector shall sign his or her

  4  name in the space provided, and the clerk or inspector shall

  5  compare the signature with that on the identification provided

  6  by the elector and enter his or her initials in the space

  7  provided and allow the elector to vote if the clerk or

  8  inspector is satisfied as to the identity of the elector.  If

  9  the elector fails to furnish the required identification, or

10  if the clerk or inspector is in doubt as to the identity of

11  the elector, such clerk or inspector shall follow the

12  procedure prescribed in s. 101.49. The precinct register may

13  also contain the information set forth in s. 101.47(8) and, if

14  so, the inspector shall follow the procedure required in s.

15  101.47, except that the identification provided by the elector

16  shall be used for the signature comparison.

17         Section 3.  Section 100.341, Florida Statutes, is

18  amended to read:

19         100.341  Bond referendum ballot.--The ballots used in

20  bond referenda shall include a be on plain white paper with

21  printed description of the issuance of bonds to be voted on as

22  prescribed by the authority calling the referendum. A separate

23  statement of each issue of bonds to be approved, giving the

24  amount of the bonds and interest rate thereon, together with

25  other details necessary to inform the electors, shall be

26  printed on the ballots in connection with the question "For

27  Bonds" and "Against Bonds."

28         Section 4.  Effective August 1, 2002, subsection (3) of

29  section 100.361, Florida Statutes, is amended to read:

30         100.361  Municipal recall.--

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  1         (3)  BALLOTS.--The ballots at the recall election shall

  2  conform to the following:  With respect to each person whose

  3  removal is sought, the question shall be submitted:  "Shall

  4  .... be removed from the office of .... by recall?"

  5  Immediately following each question there shall be printed on

  6  the ballots the two propositions in the order here set forth:

  7         "...(name of person)... should be removed from office."

  8         "...(name of person)... should not be removed from

  9  office."

10

11  Immediately to the right of each of the propositions shall be

12  placed a square on which the electors, by making a crossmark

13  (X), may vote either of the propositions.  Voting machines or

14  electronic or electromechanical equipment may be used.

15         Section 5.  Effective upon this act becoming a law,

16  subsection (7) is added to section 101.015, Florida Statutes,

17  to read:

18         101.015  Standards for voting systems.--

19         (7)  The Division of Elections shall review the voting

20  systems certification standards and ensure that new

21  technologies are available for selection by boards of county

22  commissioners which meet the requirements for voting systems

23  and meet user standards. The Division of Elections shall

24  continuously review the voting systems certification standards

25  to ensure that new technologies are appropriately certified

26  for all elections in a timely manner. The division shall also

27  develop methods to determine the will of the public with

28  respect to voting systems.

29         Section 6.  Section 101.151, Florida Statutes, is

30  amended to read:

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  1         101.151  Specifications for ballots general election

  2  ballot.--In counties in which voting machines are not used,

  3  and in other counties for use as absentee ballots not designed

  4  for tabulation by an electronic or electromechanical voting

  5  system, the general election ballot shall conform to the

  6  following specifications:

  7         (1)  Paper ballots The ballot shall be printed on paper

  8  of such thickness that the printing cannot be distinguished

  9  from the back.

10         (2)  Across the top of the ballot shall be printed

11  "Official Ballot, General Election," beneath which shall be

12  printed the county, the precinct number, and the date of the

13  election.  The precinct number, however, shall not be required

14  for absentee ballots.  Above the caption of the ballot shall

15  be two stubs with a perforated line between the stubs and

16  between the lower stub and the top of the ballot.  The top

17  stub shall be stub No. 1 and shall have printed thereon,

18  "General Election, Official Ballot," and then shall appear the

19  name of the county, the precinct number, and the date of the

20  election.  On the left side shall be a blank line under which

21  shall be printed "Signature of Voter."  On the right side

22  shall be "Initials of Issuing Official," above which there

23  shall be a blank line.  The second stub shall be the same,

24  except there shall not be a space for signature of the

25  elector. Both stubs No. 1 and No. 2 on ballots for each

26  precinct shall be prenumbered consecutively, beginning with

27  "No. 1."  However, a second stub shall not be required for

28  absentee ballots.

29         (2)(3)(a)  Beneath the caption and preceding the names

30  of candidates shall be the following words:  "To vote for a

31  candidate whose name is printed on the ballot, place a cross

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  1  (X) mark in the blank space at the right of the name of the

  2  candidate for whom you desire to vote.  To vote for a write-in

  3  candidate, write the name of the candidate in the blank space

  4  provided for that purpose."  The ballot shall have headings

  5  under which shall appear the names of the offices and names of

  6  duly nominated candidates for the respective offices in the

  7  following order:  the heading "Electors for President and Vice

  8  President" and thereunder the names of the candidates for

  9  President and Vice President of the United States nominated by

10  the political party that which received the highest vote for

11  Governor in the last general election of the Governor in this

12  state, above which shall appear the name of said party.  Then

13  shall appear the names of other candidates for President and

14  Vice President of the United States who have been properly

15  nominated.  Votes cast for write-in candidates for President

16  and Vice President shall be counted as votes cast for the

17  presidential electors supporting such candidates.  Then shall

18  follow the heading "Congressional" and thereunder the offices

19  of United States Senator and Representative in Congress; then

20  the heading "State" and thereunder the offices of Governor and

21  Lieutenant Governor, Secretary of State, Attorney General,

22  Comptroller, Treasurer, Commissioner of Education,

23  Commissioner of Agriculture, state attorney, and public

24  defender, together with the names of the candidates for each

25  office and the title of the office which they seek; then the

26  heading "Legislative" and thereunder the offices of state

27  senator and state representative; then the heading "County"

28  and thereunder clerk of the circuit court, clerk of the county

29  court (when authorized by law), sheriff, property appraiser,

30  tax collector, and district superintendent of schools, and

31  supervisor of elections. Thereafter follows: members of the

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  1  board of county commissioners, and such other county and

  2  district offices as are involved in the general election, in

  3  the order fixed by the Department of State, followed, in the

  4  year of their election, by "Party Offices," and thereunder the

  5  offices of state and county party executive committee members.

  6  When a write-in candidate has qualified for any office, a

  7  subheading "Write-in Candidate for ...(name of office)..."

  8  shall be provided followed by a blank space in which to write

  9  the name of the candidate. In addition to the names printed on

10  the ballot, a blank space shall be provided under each heading

11  for an office for which a write-in candidate has qualified.

12  With respect to write-in candidates, if two or more candidates

13  are seeking election to one office, only one blank space shall

14  be provided.

15         (b)  Immediately following the name of each office on

16  the ballot shall be printed, "Vote for One."  When more than

17  one candidate is nominated for office, the candidates for such

18  office shall qualify and run in a group or district, and the

19  group or district number shall be printed beneath the name of

20  the office. Each nominee of a political party chosen in the

21  primary shall appear on the general election ballot in the

22  same numbered group or district as on the primary election

23  ballot. The name of the office shall be printed over each

24  numbered group or district and each numbered group or district

25  shall be clearly separated from the next numbered group or

26  district, the same as in the case of single offices.

27  Following the group or district number shall be printed the

28  words, "Vote for One," and the names of the candidates in the

29  respective groups or districts shall be arranged thereunder.

30

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  1         (c)  If in any election all the offices as set forth in

  2  paragraph (a) are not involved, those offices to be filled

  3  shall be arranged on the ballot in the order named.

  4         (3)(a)(4)  The names of the candidates of the party

  5  that which received the highest number of votes for Governor

  6  in the last election in which a Governor was elected shall be

  7  placed first under the heading for each office on the general

  8  election ballot, together with an appropriate abbreviation of

  9  party name; the names of the candidates of the party that

10  which received the second highest vote for Governor shall be

11  second under the heading for each office, together with an

12  appropriate abbreviation of the party name.

13         (b)(5)  Minor political party candidates and candidates

14  with no party affiliation shall have their names appear on the

15  general election ballot following the names of recognized

16  political parties, in the same order as they were certified.

17         (4)(a)  The names of candidates for each office shall

18  be arranged alphabetically as to surnames on a primary

19  election ballot.

20         (b)  When two or more candidates running for the same

21  office on a primary election ballot have the same or a similar

22  surname, the word "incumbent" shall appear next to the

23  incumbent's name.

24         (5)  The primary election ballot shall be arranged so

25  that the offices of Governor and Lieutenant Governor are

26  joined in a single voting space to allow each elector to cast

27  a single vote for the joint candidacies for Governor and

28  Lieutenant Governor, if applicable.

29         (6)  The general election ballot shall be arranged so

30  that the offices of President and Vice President are joined in

31  a single voting space to allow each elector to cast a single

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  1  vote for the joint candidacies for President and Vice

  2  President and so that the offices of Governor and Lieutenant

  3  Governor are joined in a single voting space to allow each

  4  elector to cast a single vote for the joint candidacies for

  5  Governor and Lieutenant Governor.

  6         (7)(6)  Except for justices or judges seeking

  7  retention, the names of unopposed candidates shall not appear

  8  on the general election ballot.  Each unopposed candidate

  9  shall be deemed to have voted for himself or herself.

10         (8)(a)  The Department of State shall adopt rules

11  prescribing a uniform primary and general election ballot for

12  each certified voting system.  The rules shall incorporate the

13  requirements set forth in this section and shall prescribe

14  additional matters and forms that include, without limitation:

15         1.  Clear and unambiguous ballot instructions and

16  directions;

17         2.  Individual race layout; and

18         3.  Overall ballot layout.

19         (b)  The department rules shall graphically depict a

20  sample uniform primary and general election ballot form for

21  each certified voting system.

22         (7)  The same requirement as to the type, size, and

23  kind of printing of official ballots in primary elections as

24  provided in s. 101.141(5) shall govern the printing of

25  official ballots in general elections.

26         (8)  Should the above directions for complete

27  preparation of the ballot be insufficient, the Department of

28  State shall determine and prescribe any additional matter or

29  form.  Not less than 60 days prior to a general election, the

30  Department of State shall mail to each supervisor of elections

31  the format of the ballot to be used for the general election.

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  1         (9)  The provisions of s. 101.141(7) shall be

  2  applicable in printing of said ballot.

  3         Section 7.  Effective August 1, 2002, section 101.21,

  4  Florida Statutes, is amended to read:

  5         101.21  Official ballots; number; printing; payment.--

  6         (1)  Where applicable In any county in which voting

  7  machines are not used, the supervisor of elections shall

  8  determine the actual number of ballots to be printed.  The

  9  printing and delivery of ballots and cards of instruction

10  shall, in a municipal election, be paid for by the

11  municipality, and in all other elections by the county.

12         (2)  In any county in which voting machines are used,

13  one set of official ballots shall be provided for each machine

14  plus a number of sets equal to 5 percent of the total number

15  of machines; one set shall be inserted or placed in or upon

16  each machine, and the remainder of the sets shall be retained

17  in the custody of the supervisor, unless it shall become

18  necessary during the election to make use of same upon or in

19  the machines.

20         Section 8.  Effective August 1, 2002, section 101.24,

21  Florida Statutes, is amended to read:

22         101.24  Ballot boxes and ballots.--The supervisor of

23  elections, except where voting machines are used, shall

24  prepare for each polling place one ballot box of sufficient

25  size to contain all the ballots of the particular precinct,

26  and the ballot box shall be plainly marked with the name of

27  the precinct for which it is intended. An additional ballot

28  box, if necessary, may be supplied to any precinct. Before

29  each election, the supervisor shall place in the ballot box or

30  ballot transfer container as many ballots as are required in

31  s. 101.21. After securely sealing the ballot box or ballot

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  1  transfer container, the supervisor shall send the ballot box

  2  or ballot transfer container to the clerk or inspector of

  3  election of the precinct in which it is to be used. The clerk

  4  or inspector shall be placed under oath or affirmation to

  5  perform his or her duties faithfully and without favor or

  6  prejudice to any political party.

  7         Section 9.  Effective August 1, 2002, section 101.292,

  8  Florida Statutes, is amended to read:

  9         101.292  Definitions; ss. 101.292-101.295.--As used in

10  ss. 101.292-101.295, the following terms shall have the

11  following meanings:

12         (1)  "Governing body" means the board of county

13  commissioners of a county or any other governing body

14  empowered by general or special act or local ordinance to

15  purchase or sell voting equipment.

16         (2)  "Voting equipment" means new or used voting

17  machines and materials, parts, or other equipment necessary

18  for the maintenance or improvement of voting machines, the

19  individual or combined retail value of which is in excess of

20  the threshold amount for CATEGORY TWO purchases provided in s.

21  287.017.  The term "voting equipment" also includes electronic

22  or electromechanical voting systems, voting devices, and

23  automatic tabulating equipment as defined in s. 101.5603, as

24  well as materials, parts, or other equipment necessary for the

25  operation and maintenance of such systems and devices, the

26  individual or combined retail value of which is in excess of

27  the threshold amount for CATEGORY TWO purchases provided in s.

28  287.017.

29         (3)  "Purchase" means a contract for the purchase,

30  lease, rental, or other acquisition of voting equipment.

31

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  1         Section 10.  Effective August 1, 2002, section 101.341,

  2  Florida Statutes, is amended to read:

  3         101.341  Prohibited activities by voting system machine

  4  custodians and deputy custodians.--

  5         (1)  No voting system machine custodian or deputy

  6  custodian or other employee of the supervisor of elections,

  7  which employee's duties are primarily involved with the

  8  preparation, maintenance, or repair of voting equipment, may

  9  shall accept employment or any form of consideration from any

10  person or business entity involved in the purchase, repair, or

11  sale of voting equipment unless such employment has the prior

12  written approval of the supervisor of elections of the county

13  by which such person is employed.

14         (2)  Any person violating the provisions of this

15  section is guilty of a misdemeanor of the first degree,

16  punishable as provided by s. 775.082 or s. 775.083. Such

17  person shall also be subject to immediate discharge from his

18  or her position.

19         Section 11.  Effective August 1, 2002, section 101.43,

20  Florida Statutes, is amended to read:

21         101.43  Substitute ballot.--When voting machines are

22  used and the required official ballots for a precinct are not

23  delivered in time to be used on election day, or after

24  delivery, are lost, destroyed or stolen, the clerk or other

25  officials whose duty it is to provide ballots for use at such

26  election, in lieu of the official ballots, shall have

27  substitute ballots prepared, conforming as nearly as possible

28  to the official ballots, and the board of election shall

29  substitute these ballots to be used in the same manner as the

30  official ballots would have been used at the election.

31

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  1         Section 12.  Effective August 1, 2002, section 101.49,

  2  Florida Statutes, is amended to read:

  3         101.49  Procedure of election officers where signatures

  4  differ.--

  5         (1)  Whenever any clerk or inspector, upon a just

  6  comparison of the signature, shall doubt that the handwriting

  7  affixed to a signature identification slip of any elector who

  8  presents himself or herself at the polls to vote is the same

  9  as the signature of the elector affixed in the registration

10  book, the clerk or inspector shall deliver to the person an

11  affidavit which shall be in substantially the following form:

12

13  STATE OF FLORIDA,

14  COUNTY OF .....

15         I do solemnly swear (or affirm) that my name is ....;

16  that I am .... years old; that I was born in the State of

17  ....; that I am registered to vote, and at the time I

18  registered I resided on .... Street, in the municipality of

19  ...., County of ...., State of Florida; that I am a qualified

20  voter of the county and state aforesaid and have not voted in

21  this election.

22                                      ...(Signature of voter)...

23         Sworn to and subscribed before me this .... day of

24  ...., A. D. ...(year)....

25                          ...(Clerk or inspector of election)...

26                                              Precinct No. .....

27                                                 County of .....

28

29         (2)  The person shall fill out, in his or her own

30  handwriting or with assistance from a member of the election

31  board, the form and make an affidavit to the facts stated in

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  1  the filled-in form; such affidavit shall then be sworn to and

  2  subscribed before one of the inspectors or clerks of the

  3  election who is authorized to administer the oath. Whenever

  4  the affidavit is made and filed with the clerk or inspector,

  5  the person shall then be admitted to the voting machine to

  6  cast his or her vote, but if the person fails or refuses to

  7  make out or file such affidavit, then he or she shall not be

  8  permitted to vote.

  9         Section 13.  Effective August 1, 2002, subsections (5)

10  and (8) of section 101.5603, Florida Statutes, are amended to

11  read:

12         101.5603  Definitions relating to Electronic Voting

13  Systems Act.--As used in this act, the term:

14         (5)  "Marking device" means either an approved

15  apparatus used for the piercing of ballots by the voter or any

16  approved device for marking a ballot with ink or other

17  substance which will enable the ballot to be tabulated by

18  means of automatic tabulating equipment.

19         (8)  "Voting device" means either an apparatus in which

20  ballots are inserted and used in connection with a marking

21  device for the piercing of ballots by the voter or an

22  apparatus by which votes are registered electronically.

23         Section 14.  Effective August 1, 2002, section

24  101.5604, Florida Statutes, is amended to read:

25         101.5604  Adoption of system; procurement of equipment;

26  commercial tabulations.--The board of county commissioners of

27  any county, at any regular meeting or a special meeting called

28  for the purpose, may, upon consultation with the supervisor of

29  elections, adopt, purchase or otherwise procure, and provide

30  for the use of any electronic or electromechanical voting

31  system approved by the Department of State in all or a portion

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  1  of the election precincts of that county. Thereafter the

  2  electronic or electromechanical voting system may be used for

  3  voting at all elections for public and party offices and on

  4  all measures and for receiving, registering, and counting the

  5  votes thereof in such election precincts as the governing body

  6  directs. Any electronic or electromechanical voting system

  7  used by the county shall be a precinct tabulation voting

  8  system. Any such board may contract for the tabulation of

  9  votes at a location within the county when there is no

10  suitable tabulating equipment available which is owned by the

11  county.

12         Section 15.  Effective August 1, 2002, section

13  101.5606, Florida Statutes, is amended to read:

14         101.5606  Requirements for approval of systems.--

15         (1)  No electronic or electromechanical voting system

16  shall be approved by the Department of State unless it is so

17  constructed that:

18         (a)(1)  It permits and requires voting in secrecy.

19         (b)(2)  It permits each elector to vote at any election

20  for all persons and offices for whom and for which the elector

21  is lawfully entitled to vote, and no others; to vote for as

22  many persons for an office as the elector is entitled to vote

23  for; and to vote for or against any question upon which the

24  elector is entitled to vote.

25         (c)(3)  The automatic tabulating equipment will be set

26  to reject all votes for any office or measure when a race or

27  measure is overvoted or when every race and measure on the

28  ballot is undervoted the number of votes therefor exceeds the

29  number which the voter is entitled to cast or when the voter

30  is not entitled to cast a vote for the office or measure.

31         (d)(4)  It is capable of correctly counting votes.

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  1         (e)(5)  It permits each voter at a primary election to

  2  vote only for the candidates seeking nomination by the

  3  political party in which such voter is registered, for any

  4  candidate for nonpartisan office, and for any question upon

  5  which the voter is entitled to vote.

  6         (f)(6)  At presidential elections it permits each

  7  elector, by one operation, to vote for all presidential

  8  electors of a party or for all presidential electors of

  9  candidates for President and Vice President with no party

10  affiliation.

11         (g)(7)  It provides a method for write-in voting.

12         (h)(8)  It is capable of accumulating a count of the

13  specific number of ballots tallied for a precinct,

14  accumulating total votes by candidate for each office, and

15  accumulating total votes for and against each question and

16  issue of the ballots tallied for a precinct.

17         (i)(9)  It is capable of tallying votes from ballots of

18  different political parties from the same precinct, in the

19  case of a primary election.

20         (j)(10)  It is capable of automatically producing

21  precinct totals in printed, marked, or punched form, or a

22  combination thereof.

23         (k)(11)  If it is of a type which registers votes

24  electronically, it will permit each voter to change his or her

25  vote for any candidate or upon any question appearing on the

26  official ballot up to the time that the voter takes the final

27  step to register his or her vote and to have the vote

28  computed.

29         (l)(12)  It is capable of providing records from which

30  the operation of the voting system may be audited.

31         (m)  It uses a precinct-count tabulation system.

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  1         (2)  A voting system that uses an apparatus or device

  2  for the piercing of ballots by the voter may not be used in

  3  this state.

  4         Section 16.  Effective August 1, 2002, subsections (2),

  5  (3), and (7) of section 101.5614, Florida Statutes, are

  6  amended to read:

  7         101.5614  Canvass of returns.--

  8         (2)(a)  If the ballots are to be tallied at a central

  9  location or at no more than three regional locations, the

10  election board shall place all ballots that have been cast and

11  the unused, void, and defective ballots in the container or

12  containers provided for this purpose, which shall be sealed

13  and delivered forthwith to the central or regional counting

14  location or other designated location by two inspectors who

15  shall not, whenever possible, be of the same political party.

16  The election board shall certify that the ballots were placed

17  in such container or containers and each container was sealed

18  in its presence and under its supervision, and it shall

19  further certify to the number of ballots of each type placed

20  in the container or containers.

21         (b)  If ballots are to be counted at the precincts,

22  such ballots shall be counted pursuant to rules adopted by the

23  Department of State, which rules shall provide safeguards

24  which conform as nearly as practicable to the safeguards

25  provided in the procedures for the counting of votes at a

26  central location.

27         (2)(3)(a)  All proceedings at any the central or

28  regional counting location or other designated location shall

29  be under the direction of the county canvassing board and

30  shall be open to the public, but no person except a person

31  employed and authorized for the purpose shall touch any ballot

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  1  or ballot container, any item of automatic tabulating

  2  equipment, or any return prior to its release.  If the ballots

  3  are tabulated at regional locations, one member of the

  4  canvassing board or a person designated by the board to

  5  represent it shall be present at each location during the

  6  testing of the counting equipment and the tabulation of the

  7  ballots.

  8         (3)(b)  Results of If ballots are tabulated at precinct

  9  regional locations, the results of such election may be

10  transmitted via dedicated teleprocessing lines to the main

11  computer system for the purpose of compilation of complete

12  returns.  The security guidelines for transmission of returns

13  by dedicated teleprocessing lines shall conform to rules

14  adopted by the Department of State pursuant to s. 101.015.

15         (7)  Absentee ballots may be counted by automatic

16  tabulating equipment if they have been punched or marked in a

17  manner that which will enable them to be properly counted by

18  such equipment.

19         Section 17.  Effective August 1, 2002, section 101.58,

20  Florida Statutes, is amended to read:

21         101.58  Supervising and observing registration and

22  election processes.--The Department of State may, at any time

23  it deems fit; upon the petition of 5 percent of the registered

24  electors; or upon the petition of any candidate, county

25  executive committee chair, state committeeman or

26  committeewoman, or state executive committee chair, appoint

27  one or more deputies whose duties shall be to observe and

28  examine the registration and election processes and the

29  condition, custody, and operation of voting systems and

30  equipment machines in any county or municipality. The deputy

31  shall have access to all registration books and records as

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  1  well as any other records or procedures relating to the voting

  2  process.  The deputy may supervise preparation of the voting

  3  equipment election machines and procedures for election, and

  4  it shall be unlawful for any person to obstruct the deputy in

  5  the performance of his or her duty. The deputy shall file with

  6  the Department of State a report of his or her findings and

  7  observations of the registration and election processes in the

  8  county or municipality, and a copy of the report shall also be

  9  filed with the clerk of the circuit court of said county.  The

10  compensation of such deputies shall be fixed by the Department

11  of State; and costs incurred under this section shall be paid

12  from the annual operating appropriation made to the Department

13  of State.

14         Section 18.  Section 101.595, Florida Statutes, is

15  created to read:

16         101.595  Analysis and reports of voter error.--

17         (1)  No later than December 15 of each general election

18  year, the supervisor of elections in each county shall review

19  the ballots having overvotes and undervotes and report the

20  number of each to the Department of State, along with the

21  likely reasons for the errors and other information as may be

22  useful in evaluating the performance of the voting system and

23  identifying problems with ballot design and instructions which

24  may have contributed to voter confusion.

25         (2)  The Department of State, upon receipt of such

26  information, shall prepare a public report on the performance

27  of each type of voting system.  The report must contain, but

28  is not limited to, the following information:

29         (a)  The overall error rate for each system used in the

30  election;

31

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  1         (b)  An identification of problems with the ballot

  2  design or instructions which may have contributed to voter

  3  confusion; and

  4         (c)  Recommendations for correcting any problems

  5  identified.

  6         (3)  The Department of State shall submit the report to

  7  the Governor, the President of the Senate, and the Speaker of

  8  the House of Representatives by January 31 of each year

  9  following a general election.

10         Section 19.  Effective August 1, 2002, subsection (2)

11  of section 101.71, Florida Statutes, is amended to read:

12         101.71  Polling place.--

13         (2)  Notwithstanding the provisions of subsection (1),

14  whenever the supervisor of elections of any county determines

15  that the accommodations for holding any election at a polling

16  place designated for any precinct in the county are

17  unavailable or are inadequate for the expeditious and

18  efficient housing and handling of voting and voting

19  paraphernalia, including voting machines where used, the

20  supervisor may provide, not less than 30 days prior to the

21  holding of an election, that the voting place for such

22  precinct shall be moved to another site which shall be

23  accessible to the public on election day in said precinct or,

24  if such is not available, to another site which shall be

25  accessible to the public on election day in a contiguous

26  precinct.  If such action of the supervisor results in the

27  voting place for two or more precincts being located for the

28  purposes of an election in one building, the voting places for

29  the several precincts involved shall be established and

30  maintained separate from each other in said building.  When

31  any supervisor moves any polling place pursuant to this

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  1  subsection, the supervisor shall, not more than 30 days or

  2  fewer than 7 days prior to the holding of an election, give

  3  notice of the change of the polling place for the precinct

  4  involved, with clear description of the voting place to which

  5  changed, at least once in a newspaper of general circulation

  6  in said county.  A notice of the change of the polling place

  7  involved shall be mailed, at least 14 days prior to an

  8  election, to each registered elector or to each household in

  9  which there is a registered elector.

10         Section 20.  Subsection (1) of section 101.75, Florida

11  Statutes, is amended to read:

12         101.75  Municipal elections; change of dates for

13  cause.--

14         (1)  In any municipality, when the date of the

15  municipal election falls on the same date as any statewide or

16  county election and the voting devices of the voting system

17  used in the county machines are not available for both

18  elections, the municipality may provide that the municipal

19  election may be held within 30 days prior to or subsequent to

20  the statewide or county election.

21         Section 21.  Subsections (8) and (9) of section

22  103.101, Florida Statutes, are amended to read:

23         103.101  Presidential preference primary.--

24         (8)  All names of candidates or delegates shall be

25  listed as directed by the Department of State. The ballot as

26  prescribed in this section shall be used.

27         (9)  The presidential preference primary ballot shall

28  be in substantially the following form:

29

30                 OFFICIAL PRESIDENTIAL PREFERENCE

31                          PRIMARY BALLOT

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  1

  2  No. .... .... Party

  3                       ....COUNTY, FLORIDA

  4

  5                        Precinct No. ....

  6

  7                           ...(Date)...

  8

  9  ...(Signature of Voter)...             ...(Initials of Issuing

10  Official)...

11

12                            Stub No. 1

13

14                 OFFICIAL PRESIDENTIAL PREFERENCE

15                          PRIMARY BALLOT

16

17  No. .... .... Party

18                       ....COUNTY, FLORIDA

19

20                        Precinct No. ....

21

22                           ...(Date)...

23

24                            ...(Initials of Issuing Official)...

25

26                            Stub No. 2

27

28                 OFFICIAL PRESIDENTIAL PREFERENCE

29                          PRIMARY BALLOT

30

31                            .... Party

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  1                       ....COUNTY, FLORIDA

  2

  3                        Precinct No. ....

  4

  5                           ...(Date)...

  6

  7  Place a cross (X) in the blank space to the right of the name

  8  of the presidential candidate for whom you wish to vote,

  9

10  For President

11

12  ...(Name of Candidate)...

13

14  ...(Name of Candidate)...

15

16  or place a cross (X) in the blank space to the right of the

17  name of the delegate(s) for whom you wish to vote.

18

19  ...(Name of Delegate)...         ...(Name of Candidate)...

20         Section 22.  Section 104.30, Florida Statutes, is

21  amended to read:

22         104.30  Voting system machine; unlawful possession;

23  tampering.--

24         (1)  Any unauthorized person who unlawfully has

25  possession of any voting system, components, machine or key

26  thereof is guilty of a misdemeanor of the first degree,

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

28         (2)  Any person who tampers or attempts to tamper with

29  or destroy any voting system or equipment machine with the

30  intention of interfering with the election process or the

31  results thereof is guilty of a felony of the third degree,

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

  2  775.084.

  3         Section 23.  Effective August 1, 2002, section 138.05,

  4  Florida Statutes, is amended to read:

  5         138.05  Form of ballot.--The clerk of the circuit court

  6  of any county in this state, when the names of the towns,

  7  villages, and cities required in s. 138.04 have been furnished

  8  him or her, shall have printed, at the expense of the county,

  9  a suitable ballot to be used in the said election, the said

10  ballot to contain, in alphabetical order, the names of all

11  such towns, villages, and cities, and no other places shall be

12  printed on the said ballots; provided, that in counties where

13  the use of voting machines is now or may hereafter be

14  authorized by law, the requirements of this section shall,

15  insofar as practicable, be adapted to the use of said voting

16  machines.

17         Section 24.  Paragraph (c) of subsection (1) of section

18  582.18, Florida Statutes, is amended to read:

19         582.18  Election of supervisors of each district.--

20         (1)

21         (c)  The names of all nominees on behalf of whom such

22  nominating petitions have been filed shall appear upon ballots

23  in accordance with the general election laws.  All qualified

24  electors residing within the district shall be eligible to

25  vote in such election. The candidates who receive the largest

26  number of the votes cast from each group of candidates, as

27  provided in s. 100.071, in such election shall be the elected

28  supervisors from such group for such district.  In the case of

29  a newly created district participating in a regular election

30  for the first time, three groups of candidates shall be

31  elected for terms of 4 years, and two groups shall be elected

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  1  for initial terms of 2 years. Each candidate elected shall

  2  assume office on the first Tuesday after the first Monday in

  3  January following the election.

  4         Section 25.  Sections 100.071, 101.141, 101.181,

  5  101.191, 101.251, and 101.5609, Florida Statutes, are

  6  repealed.

  7         Section 26.  Effective August 1, 2002, sections

  8  101.011, 101.27, 101.28, 101.29, 101.32, 101.33, 101.34,

  9  101.35, 101.36, 101.37, 101.38, 101.39, 101.40, 101.445,

10  101.45, 101.46, 101.47, 101.54, 101.55, 101.56, and

11  102.012(7), Florida Statutes, are repealed.

12         Section 27.  Section 97.021, Florida Statutes, is

13  amended to read:

14         97.021  Definitions.--For the purposes of this code,

15  except where the context clearly indicates otherwise, the

16  term:

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

18  qualified voter who casts an absentee ballot.:

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

20  the polls.

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

22  machine custodian, a deputy sheriff, a supervisor of

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

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

25  to vote.

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

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

28  primary election.

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

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

31  the election.

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

  2  in this state within the time period during which the

  3  registration books are closed for the election for which the

  4  ballot is requested.

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

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

  7  general election; however, this pertains only to presidential

  8  ballots.

  9         (2)  "Ballot" or "official ballot" when used in

10  reference to:

11         (a)  "Voting machines," except when reference is made

12  to write-in ballots, means that portion of the printed strips

13  of cardboard, paper, or other material that is within the

14  ballot frames containing the names of candidates, or a

15  statement of a proposed constitutional amendment or other

16  question or proposition submitted to the electorate at any

17  election.

18         (b)  "Paper ballots" means that printed sheet of paper

19  containing the names of candidates, or a statement of proposed

20  constitutional amendments or other questions or propositions

21  submitted to the electorate at any election, on which sheet of

22  paper an elector casts his or her vote.

23         (c)  "Electronic or electromechanical devices" means a

24  ballot which is voted by the process of punching or marking

25  with a marking device for tabulation by automatic tabulating

26  equipment or data processing equipment.

27         (3)  "Candidate" means any person to whom any one or

28  more of the following applies:

29         (a)  Any person who seeks to qualify for nomination or

30  election by means of the petitioning process.

31

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  1         (b)  Any person who seeks to qualify for election as a

  2  write-in candidate.

  3         (c)  Any person who receives contributions or makes

  4  expenditures, or gives his or her consent for any other person

  5  to receive contributions or make expenditures, with a view to

  6  bringing about his or her nomination or election to, or

  7  retention in, public office.

  8         (d)  Any person who appoints a treasurer and designates

  9  a primary depository.

10         (e)  Any person who files qualification papers and

11  subscribes to a candidate's oath as required by law.

12

13  However, this definition does not include any candidate for a

14  political party executive committee.

15         (4)  "Central voter file" means a statewide, centrally

16  maintained database containing voter registration information

17  of all counties in this state.

18         (5)  "Department" means the Department of State.

19         (6)  "Division" means the Division of Elections of the

20  Department of State.

21         (7)  "Election" means any primary election, special

22  primary election, special election, general election, or

23  presidential preference primary election.

24         (8)  "Election board" means the clerk and inspectors

25  appointed to conduct an election.

26         (9)  "Election costs" shall include, but not be limited

27  to, expenditures for all paper supplies such as envelopes,

28  instructions to voters, affidavits, reports, ballot cards,

29  ballot booklets for absentee voters, postage, notices to

30  voters; advertisements for registration book closings, testing

31  of voting equipment, sample ballots, and polling places; forms

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  1  used to qualify candidates; polling site rental and equipment

  2  delivery and pickup; data processing time and supplies;

  3  election records retention; and labor costs, including those

  4  costs uniquely associated with absentee ballot preparation,

  5  poll workers, and election night canvass.

  6         (10)  "Elector" is synonymous with the word "voter" or

  7  "qualified elector or voter," except where the word is used to

  8  describe presidential electors.

  9         (11)  "General election" means an election held on the

10  first Tuesday after the first Monday in November in the

11  even-numbered years, for the purpose of filling national,

12  state, county, and district offices and for voting on

13  constitutional amendments not otherwise provided for by law.

14         (12)  "Lists of registered electors" means copies of

15  printed lists of registered electors, computer tapes or disks,

16  or any other device used by the supervisor of elections to

17  maintain voter records.

18         (13)  "Member of the Merchant Marine" means an

19  individual, other than a member of a uniformed service or an

20  individual employed, enrolled, or maintained on the Great

21  Lakes for the inland waterways, who is:

22         (a)  Employed as an officer or crew member of a vessel

23  documented under the laws of the United States, a vessel owned

24  by the United States, or a vessel of foreign-flag registry

25  under charter to or control of the United States; or

26         (b)  Enrolled with the United States for employment or

27  training for employment, or maintained by the United States

28  for emergency relief service, as an officer or crew member of

29  such vessel.

30         (14)(13)  "Minor political party" is any group as

31  defined in this subsection which on January 1 preceding a

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  1  primary election does not have registered as members 5 percent

  2  of the total registered electors of the state. Any group of

  3  citizens organized for the general purposes of electing to

  4  office qualified persons and determining public issues under

  5  the democratic processes of the United States may become a

  6  minor political party of this state by filing with the

  7  department a certificate showing the name of the organization,

  8  the names of its current officers, including the members of

  9  its executive committee, and a copy of its constitution or

10  bylaws. It shall be the duty of the minor political party to

11  notify the department of any changes in the filing certificate

12  within 5 days of such changes.

13         (15)(14)  "Newspaper of general circulation" means a

14  newspaper printed in the language most commonly spoken in the

15  area within which it circulates and which is readily available

16  for purchase by all inhabitants in the area of circulation,

17  but does not include a newspaper intended primarily for

18  members of a particular professional or occupational group, a

19  newspaper the primary function of which is to carry legal

20  notices, or a newspaper that is given away primarily to

21  distribute advertising.

22         (16)(15)  "Nominal value" means having a retail value

23  of $10 or less.

24         (17)(16)  "Nonpartisan office" means an office for

25  which a candidate is prohibited from campaigning or qualifying

26  for election or retention in office based on party

27  affiliation.

28         (18)(17)  "Office that serves persons with

29  disabilities" means any state office that takes applications

30  either in person or over the telephone from persons with

31

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  1  disabilities for any program, service, or benefit primarily

  2  related to their disabilities.

  3         (19)  "Overseas voter" means:

  4         (a)  Members of the uniformed services while in the

  5  active service who are permanent residents of the state and

  6  are temporarily residing outside the territorial limits of the

  7  United States and the District of Columbia;

  8         (b)  Members of the Merchant Marine of the United

  9  States who are permanent residents of the state and are

10  temporarily residing outside the territorial limits of the

11  United States and the District of Columbia; and

12         (c)  Other citizens of the United States who are

13  permanent residents of the state and are temporarily residing

14  outside the territorial limits of the United States and the

15  District of Columbia,

16

17  who are qualified and registered to vote as provided by law.

18         (20)  "Overvote" means that the elector marks or

19  designates more names than there are persons to be elected to

20  an office or designates more than one answer to a ballot

21  question, and the tabulator records no vote for the office or

22  question.

23         (21)(18)  "Persons with disabilities" means individuals

24  who have a physical or mental impairment that substantially

25  limits one or more major life activities.

26         (22)(19)  "Polling place" is the building which

27  contains the polling room where ballots are cast.

28         (23)(20)  "Polling room" means the actual room in which

29  ballots are cast.

30         (24)(21)  "Primary election" means an election held

31  preceding the general election for the purpose of nominating a

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  1  party nominee to be voted for in the general election to fill

  2  a national, state, county, or district office. The first

  3  primary election is a nomination or elimination election; the

  4  second primary is a nominating election only.

  5         (25)  "Provisional ballot" means a ballot issued to a

  6  voter by the election board at the polling place on election

  7  day for one of the following reasons:

  8         (a)  The voter's name does not appear on the precinct

  9  register and verification of the voter's eligibility cannot be

10  determined; or

11         (b)  There is an indication on the precinct register

12  that the voter has requested an absentee ballot and the voter

13  does not return the absentee ballot to the election board at

14  the precinct.

15         (26)(22)  "Public assistance" means assistance provided

16  through the food stamp program; the Medicaid program; the

17  Special Supplemental Food Program for Women, Infants, and

18  Children; and the WAGES Program.

19         (27)(23)  "Public office" means any federal, state,

20  county, municipal, school, or other district office or

21  position which is filled by vote of the electors.

22         (28)(24)  "Qualifying educational institution" means

23  any public or private educational institution receiving state

24  financial assistance which has, as its primary mission, the

25  provision of education or training to students who are at

26  least 18 years of age, provided such institution has more than

27  200 students enrolled in classes with the institution and

28  provided that the recognized student government organization

29  has requested this designation in writing and has filed the

30  request with the office of the supervisor of elections in the

31  county in which the institution is located.

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  1         (29)(25)  "Special election" is a special election

  2  called for the purpose of voting on a party nominee to fill a

  3  vacancy in the national, state, county, or district office.

  4         (30)(26)  "Special primary election" is a special

  5  nomination election designated by the Governor, called for the

  6  purpose of nominating a party nominee to be voted on in a

  7  general or special election.

  8         (31)(27)  "Supervisor" means the supervisor of

  9  elections.

10         (32)  "Undervote" means that the elector does not

11  properly designate any choice for an office or ballot

12  question, and the tabulator records no vote for the office or

13  question.

14         (33)  "Uniformed services" means the Army, Navy, Air

15  Force, Marine Corps, and Coast Guard, the commissioned corps

16  of the Public Health Service, and the commissioned corps of

17  the National Oceanic and Atmospheric Administration.

18         (34)(28)  "Voter registration agency" means any office

19  that provides public assistance, any office that serves

20  persons with disabilities, any center for independent living,

21  or any public library.

22         (35)(29)  "Voting booth" or "booth" means that booth or

23  enclosure wherein an elector casts his or her ballot, be it a

24  paper ballot, a voting machine ballot, or a ballot cast for

25  tabulation by an electronic or electromechanical device.

26         (36)(30)  "Voting system" means a method of casting and

27  processing votes that functions wholly or partly by use of

28  mechanical, electromechanical, or electronic apparatus or by

29  use of paper ballots and includes, but is not limited to, the

30  procedures for casting and processing votes and the programs,

31

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  1  operating manuals, tabulating cards, printouts, and other

  2  software necessary for the system's operation.

  3         Section 28.  Section 101.048, Florida Statutes, is

  4  created to read:

  5         101.048  Provisional ballots.--

  6         (1)(a)  At all elections, a voter claiming to be

  7  properly registered in the county and eligible to vote in the

  8  election but whose eligibility cannot be determined shall be

  9  entitled to vote a provisional ballot.  Once voted, the

10  provisional ballot shall be placed in a secrecy envelope and

11  thereafter sealed in a provisional-ballot envelope.  The

12  provisional ballot shall be deposited in a ballot box.  All

13  provisional ballots shall remain sealed in their envelopes for

14  return to the supervisor of elections.

15         (b)  The county canvassing board shall examine each

16  provisional ballot to determine whether the person voting that

17  ballot was entitled to vote in the election and to assure that

18  the person had not already cast a ballot in the election.

19         1.  If it is determined that the person was registered

20  and entitled to vote, the canvassing board shall compare the

21  signature on the provisional-ballot envelope with the

22  signature on the voter's registration and, if it matches,

23  shall count the ballot.  The provisional ballot of a voter who

24  is otherwise entitled to vote shall not be rejected because

25  the voter did not cast his or her ballot in the precinct of

26  his or her legal residence.  However, if the voter did not

27  vote the ballot to which he or she was entitled, the

28  canvassing board shall duplicate the ballot for the races that

29  the voter was entitled to vote in his or her legal precinct

30  and count the races for which the voter was entitled to vote.

31

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  1         2.  If it is determined that the person voting the

  2  provisional ballot was not registered or entitled to vote, the

  3  provisional ballot shall not be counted and the ballot shall

  4  remain in the envelope containing the Provisional Ballot

  5  Voter's Certificate, and the envelope shall be marked

  6  "Rejected as Illegal."

  7         (2)  The Provisional Ballot Voter's Certificate shall

  8  be in substantially the following form:

  9  STATE OF FLORIDA

10  COUNTY OF       

11

12  I do solemnly swear (or affirm) that my name is ....; that my

13  date of birth is ....; that I am registered to vote and at the

14  time I registered I resided at ...., in the municipality of

15  ...., in .... County, Florida; that I am a qualified voter of

16  the county and have not voted in this election.

17

18                                      ...(Signature of Voter)...

19                                         ...(Current Address)...

20

21  Sworn to and subscribed before me this .... day of ....,

22  (year).

23                          ...(Clerk or Inspector of Election)...

24

25  You may provide additional information to further assist the

26  supervisor of elections in determining eligibility.  If known,

27  please provide the place and date that you registered to vote.

28         (3)  In counties where the voting system does not use a

29  paper ballot, the supervisor of elections shall provide the

30  appropriate provisional ballots to each polling place.

31

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  1         Section 29.  Subsections (2) and (3) of section

  2  101.045, Florida Statutes, are amended to read:

  3         101.045  Electors must be registered in precinct;

  4  provisions for residence or name change.--

  5         (2)(a)  An elector who moves from the precinct within

  6  the county in which the elector is registered may be permitted

  7  to vote in the precinct to which he or she has moved his or

  8  her legal residence, provided such elector completes an

  9  affirmation in substantially the following form:

10

11             Change of Legal Residence of Registered

12                              Voter

13

14  Under penalties for false swearing, I, ...(Name of voter)...,

15  swear (or affirm) that the former address of my legal

16  residence was ...(Address of legal residence)... in the

17  municipality of ...., in .... County, Florida, and I was

18  registered to vote in the .... precinct of .... County,

19  Florida; that I have not voted in the precinct of my former

20  registration in this election; that I now reside at

21  ...(Address of legal residence)... in the Municipality of

22  ...., in .... County, Florida, and am therefore eligible to

23  vote in the .... precinct of .... County, Florida; and I

24  further swear (or affirm) that I am otherwise legally

25  registered and entitled to vote.

26

27     ...(Signature of voter whose address of legal residence has

28  changed)...

29

30         (b)  An elector whose name changes because of marriage

31  or other legal process may be permitted to vote, provided such

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  1  elector completes an affirmation in substantially the

  2  following form:

  3

  4                   Change of Name of Registered

  5                              Voter

  6

  7  Under penalties for false swearing, I, ...(New name of

  8  voter)..., swear (or affirm) that my name has been changed

  9  because of marriage or other legal process. My former name and

10  address of legal residence appear on the registration books of

11  precinct .... as follows:

12  Name..........................................................

13  Address.......................................................

14  Municipality..................................................

15  County........................................................

16  Florida, Zip..................................................

17  My present name and address of legal residence are as follows:

18  Name..........................................................

19  Address.......................................................

20  Municipality..................................................

21  County........................................................

22  Florida, Zip..................................................

23  and I further swear (or affirm) that I am otherwise legally

24  registered and entitled to vote.

25

26               ...(Signature of voter whose name has changed)...

27

28         (c)  Such affirmation, when completed and presented at

29  the precinct in which such elector is entitled to vote, and

30  upon verification of the elector's registration, shall entitle

31  such elector to vote as provided in this subsection. If the

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  1  elector's eligibility to vote cannot be determined, he or she

  2  shall be entitled to vote a provisional ballot, subject to the

  3  requirements and procedures in s. 101.048. Upon receipt of an

  4  affirmation certifying a change in address of legal residence

  5  or name, the supervisor shall as soon as practicable make the

  6  necessary changes in the registration records of the county to

  7  indicate the change in address of legal residence or name of

  8  such elector.

  9         (d)  Instead of the affirmation contained in paragraph

10  (a) or paragraph (b), an elector may complete a voter

11  registration application that indicates the change of name or

12  change of address of legal residence.

13         (e)  A request for an absentee ballot pursuant to s.

14  101.62 which indicates that the elector has had a change of

15  address of legal residence from that in the supervisor's

16  records shall be sufficient as the notice to the supervisor of

17  change of address of legal residence required by this section.

18  Upon receipt of such request for an absentee ballot from an

19  elector who has changed his or her address of legal residence,

20  the supervisor shall provide the elector with the proper

21  ballot for the precinct in which the elector then has his or

22  her legal residence.

23         (3)  When an elector's name does not appear on the

24  registration books of the election precinct in which the

25  elector is registered and when the elector cannot present a

26  valid registration identification card, the elector may have

27  his or her name restored if the supervisor is otherwise

28  satisfied that the elector is validly registered, that the

29  elector's name has been erroneously omitted from the books,

30  and that the elector is entitled to have his or her name

31  restored. The supervisor, if he or she is satisfied as to the

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  1  elector's previous registration, shall allow such person to

  2  vote and shall thereafter issue a duplicate registration

  3  identification card.

  4         Section 30.  Subsections (1), (2), (5), (6), and (8) of

  5  section 101.5614, Florida Statutes, are amended to read:

  6         101.5614  Canvass of returns.--

  7         (1)(a)  In precincts in which an electronic or

  8  electromechanical voting system is used, as soon as the polls

  9  are closed, the election board shall secure the voting devices

10  against further voting. The election board shall thereafter

11  open the ballot box in the presence of members of the public

12  desiring to witness the proceedings and count the number of

13  voted ballots, unused ballots, provisional ballots, and

14  spoiled ballots to ascertain whether such number corresponds

15  with the number of ballots issued by the supervisor. If there

16  is a difference, this fact shall be reported in writing to the

17  county canvassing board with the reasons therefor if known.

18  The total number of voted ballots shall be entered on the

19  forms provided. The proceedings of the election board at the

20  precinct after the polls have closed shall be open to the

21  public; however, no person except a member of the election

22  board shall touch any ballot or ballot container or interfere

23  with or obstruct the orderly count of the ballots.

24         (b)  In lieu of opening the ballot box at the precinct,

25  the supervisor may direct the election board to keep the

26  ballot box sealed and deliver it to a central or regional

27  counting location. In this case, the election board shall

28  count the stubs removed from the ballots to determine the

29  number of voted ballots.

30         (2)(a)  If the ballots are to be tallied at a central

31  location or at no more than three regional locations, the

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  1  election board shall place all ballots that have been cast and

  2  the unused, void, provisional, and defective ballots in the

  3  container or containers provided for this purpose, which shall

  4  be sealed and delivered forthwith to the central or regional

  5  counting location or other designated location by two

  6  inspectors who shall not, whenever possible, be of the same

  7  political party.  The election board shall certify that the

  8  ballots were placed in such container or containers and each

  9  container was sealed in its presence and under its

10  supervision, and it shall further certify to the number of

11  ballots of each type placed in the container or containers.

12         (b)  If ballots are to be counted at the precincts,

13  such ballots shall be counted pursuant to rules adopted by the

14  Department of State, which rules shall provide safeguards

15  which conform as nearly as practicable to the safeguards

16  provided in the procedures for the counting of votes at a

17  central location.

18         (5)  If any ballot card of the type for which the

19  offices and measures are not printed directly on the card is

20  damaged or defective so that it cannot properly be counted by

21  the automatic tabulating equipment, a true duplicate copy

22  shall be made of the damaged ballot card in the presence of

23  witnesses and substituted for the damaged ballot. Likewise, a

24  duplicate ballot card shall be made of a defective ballot

25  which shall not include the invalid votes.  All duplicate

26  ballot cards shall be clearly labeled "duplicate," bear a

27  serial number which shall be recorded on the damaged or

28  defective ballot card, and be counted in lieu of the damaged

29  or defective ballot.  If any ballot card of the type for which

30  offices and measures are printed directly on the card is

31  damaged or defective so that it cannot properly be counted by

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  1  the automatic tabulating equipment, a true duplicate copy may

  2  be made of the damaged ballot card in the presence of

  3  witnesses and in the manner set forth above, or the valid

  4  votes on the damaged ballot card may be manually counted at

  5  the counting center by the canvassing board, whichever

  6  procedure is best suited to the system used.  If any paper

  7  ballot is damaged or defective so that it cannot be counted

  8  properly by the automatic tabulating equipment, the ballot

  9  shall be counted manually at the counting center by the

10  canvassing board.  The totals for all such ballots or ballot

11  cards counted manually shall be added to the totals for the

12  several precincts or election districts.  No vote shall be

13  declared invalid or void if there is a clear indication on the

14  ballot that the voter has made a definite choice of the intent

15  of the voter as determined by the canvassing board.  After

16  duplicating a ballot, the defective ballot shall be placed in

17  an envelope provided for that purpose, and the duplicate

18  ballot shall be tallied with the other ballots for that

19  precinct.

20         (6)  If there is no clear indication on the ballot that

21  the voter has made a definite choice for an office or ballot

22  measure If an elector marks more names than there are persons

23  to be elected to an office or if it is impossible to determine

24  the elector's choice, the elector's ballot shall not be

25  counted for that office or measure, but the ballot shall not

26  be invalidated as to those names or measures which are

27  properly marked.

28         (8)  The return printed by the automatic tabulating

29  equipment, to which has been added the return of write-in,

30  absentee, and manually counted votes and votes from

31  provisional ballots, shall constitute the official return of

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  1  the election upon certification by the canvassing board.  Upon

  2  completion of the count, the returns shall be open to the

  3  public.  A copy of the returns may be posted at the central

  4  counting place or at the office of the supervisor of elections

  5  in lieu of the posting of returns at individual precincts.

  6         Section 31.  Section 101.69, Florida Statutes, is

  7  amended to read:

  8         101.69  Voting in person; return of absentee

  9  ballot.--The provisions of this code shall not be construed to

10  prohibit any elector from voting in person at the elector's

11  precinct on the day of an election notwithstanding that the

12  elector has requested an absentee ballot for that election.

13  An elector who has received an absentee ballot, but desires to

14  vote in person, shall return the ballot, whether voted or not,

15  to the election board in the elector's precinct.  The returned

16  ballot shall be marked "canceled" by the board and placed with

17  other canceled ballots.  However, if the elector is unable to

18  return the ballot, the elector may vote a provisional ballot

19  as provided in s. 101.048 execute an affidavit stating that

20  the absentee ballot has not been voted and the elector may

21  then vote at the precinct.

22         Section 32.  Section 102.111, Florida Statutes, is

23  amended to read:

24         102.111  Elections Canvassing Commission.--

25         (1)  Immediately after certification of any election by

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

27  the Department of State concerning the election of any federal

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

29  the Director of the Division of Elections shall be the

30  Elections Canvassing Commission. The Elections Canvassing

31  Commission shall consist of the Governor and two members of

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  1  the Cabinet. If a member of the Elections Canvassing

  2  Commission is unable to serve for any reason, the Governor

  3  shall appoint the remaining member of the Cabinet. If there is

  4  a further vacancy, the remaining members of the commission

  5  shall agree on another elected official to fill the vacancy.

  6  The Elections Canvassing Commission shall, as soon as the

  7  official results are compiled from all counties, certify the

  8  returns of the election and determine and declare who has been

  9  elected for each federal, state, and multi-county office. In

10  the event that any member of the Elections Canvassing

11  Commission is unavailable to certify the returns of any

12  election, such member shall be replaced by a substitute member

13  of the Cabinet as determined by the Director of the Division

14  of Elections.  If the county returns are not received by the

15  Department of State by 5 p.m. of the seventh day following an

16  election, all missing counties shall be ignored, and the

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

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

19  services required by the Elections Canvassing Commission.

20         Section 33.  Section 102.112, Florida Statutes, is

21  amended to read:

22         102.112  Deadline for submission of county returns to

23  the Department of State; penalties.--

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

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

26  state officer with the Department of State immediately after

27  certification of the election results. Returns must be filed

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

29  general election and by 5 3 p.m. on the 11th 3rd day following

30  the general election second primary. If the county canvassing

31  board is unable to timely certify the results of an office or

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  1  measure for which late-filed returns must be accepted pursuant

  2  to subsection (2), the canvassing board shall nevertheless

  3  certify by the deadline all races in which returns are

  4  complete. If the returns are not received by the department by

  5  the time specified, such returns may be ignored and the

  6  results on file at that time may be certified by the

  7  department.

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

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

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

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

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

13  State shall accept returns filed after the certification

14  deadline as follows:

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

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

17  the year following the election.

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

19  Monday in January following the election.

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

21  13th day following the election.

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

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

24  to take office.

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

26  to the measure taking effect or until the certification

27  deadline, whichever is later.

28         2.  Following a general election, the Department of

29  State shall not accept returns filed after the certification

30  deadline for the offices of United States President and Vice

31  President.

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

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

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

  4  nevertheless certify the results for all other offices for

  5  which all returns have been received.  Following receipt of

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

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

  8  in question, whichever occurs earlier, the Elections

  9  Canvassing Commission shall separately certify the results of

10  that office.

11         (3)(2)  The department shall fine each board member

12  $500 $200 for each day such returns are late, the fine to be

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

14  shall be deposited into the Election Campaign Financing Trust

15  Fund, created by s. 106.32.

16         (4)(3)  Members of the county canvassing board may

17  appeal such fines to the Florida Elections Commission, which

18  shall adopt rules for such appeals.

19         Section 34.  Present subsections (5) and (6) of section

20  102.141, Florida Statutes, are redesignated as subsections (7)

21  and (8), respectively, present subsection (4) is amended and

22  redesignated as subsection (6), subsections (2) and (3) are

23  amended, and new subsections (4) and (5) are added to that

24  section to read:

25         102.141  County canvassing board; duties.--

26         (2)  The county canvassing board shall meet in a

27  building accessible to the public in the county where the

28  election occurred at a time and place to be designated by the

29  supervisor of elections to publicly canvass the absentee

30  electors' ballots as provided for in s. 101.68 and provisional

31  ballots as provided by s. 101.048.  Public notice of the time

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  1  and place at which the county canvassing board shall meet to

  2  canvass the absentee electors' ballots and provisional ballots

  3  shall be given at least 48 hours prior thereto by publication

  4  once in one or more newspapers of general circulation in the

  5  county or, if there is no newspaper of general circulation in

  6  the county, by posting such notice in at least four

  7  conspicuous places in the county.  As soon as the absentee

  8  electors' ballots and the provisional ballots are canvassed,

  9  the board shall proceed to publicly canvass the vote given

10  each candidate, nominee, constitutional amendment, or other

11  measure submitted to the electorate of the county, as shown by

12  the returns then on file in the office of the supervisor of

13  elections and the office of the county court judge.

14         (3)  The canvass, except the canvass of absentee

15  electors' returns and the canvass of provisional ballots,

16  shall be made from the returns and certificates of the

17  inspectors as signed and filed by them with the county court

18  judge and supervisor, respectively, and the county canvassing

19  board shall not change the number of votes cast for a

20  candidate, nominee, constitutional amendment, or other measure

21  submitted to the electorate of the county, respectively, in

22  any polling place, as shown by the returns.  All returns shall

23  be made to the board on or before 2 a.m. noon of the day

24  following any primary, general, special, or other election.

25  If the returns from any precinct are missing, if there are any

26  omissions on the returns from any precinct, or if there is an

27  obvious error on any such returns, the canvassing board shall

28  order a recount of the returns from such precinct.  Before

29  canvassing such returns, the canvassing board shall examine

30  the counters on the machines or the tabulation of the ballots

31  cast in such precinct and determine whether the returns

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  1  correctly reflect the votes cast.  If there is a discrepancy

  2  between the returns and the counters of the machines or the

  3  tabulation of the ballots cast, the counters of such machines

  4  or the tabulation of the ballots cast shall be presumed

  5  correct and such votes shall be canvassed accordingly.

  6         (4)  The canvassing board shall submit unofficial

  7  returns to the Department of State for each federal,

  8  statewide, state, or multi-county office or ballot measure no

  9  later than noon on the day after any primary, general,

10  special, or other election.

11         (5)  If the county canvassing board determines that the

12  unofficial returns may contain a counting error in which the

13  vote tabulation system failed to count votes that were

14  properly marked in accordance with the instructions on the

15  ballot, the county canvassing board shall:

16         (a)  Correct the error and recount the affected ballots

17  with the vote tabulation system; or

18         (b)  Request that the Department of State verify the

19  tabulation software.  When the Department of State verifies

20  such software, the department shall compare the software used

21  to tabulate the votes with the software filed with the

22  department pursuant to s. 101.5607 and check the election

23  parameters.

24         (6)(4)  If the unofficial returns for any office

25  reflect that a candidate for any office was defeated or

26  eliminated by one-half of a percent or less of the votes cast

27  for such office, that a candidate for retention to a judicial

28  office was retained or not retained by one-half of a percent

29  or less of the votes cast on the question of retention, or

30  that a measure appearing on the ballot was approved or

31  rejected by one-half of a percent or less of the votes cast on

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  1  such measure, the board responsible for certifying the results

  2  of the vote on such race or measure shall order a recount of

  3  the votes cast with respect to such office or measure. A

  4  recount need not be ordered with respect to the returns for

  5  any office, however, if the candidate or candidates defeated

  6  or eliminated from contention for such office by one-half of a

  7  percent or less of the votes cast for such office request in

  8  writing that a recount not be made.

  9         (a)  In counties with voting systems that use ballot

10  cards or paper ballots, each canvassing board responsible for

11  conducting a recount shall put each ballot through the

12  automatic tabulating equipment for each precinct in which the

13  office or issue appeared on the ballot and determine whether

14  the returns correctly reflect the votes cast.  Immediately

15  before the start of the recount and after completion of the

16  count, a test of the tabulating equipment shall be conducted

17  as provided in s. 101.5612(2).  If the test indicates no

18  error, the recount tabulation of the ballots cast shall be

19  presumed correct and such votes shall be canvassed

20  accordingly.  If an error is detected, the cause therefor

21  shall be ascertained and corrected and the recount repeated,

22  as necessary. The canvassing board shall immediately report

23  the error, along with the cause of the error and the

24  corrective measures being taken, to the Department of State.

25  No later than 11 days after the election, the canvassing board

26  shall file a separate incident report with the Department of

27  State, detailing the resolution of the matter and identifying

28  any measures that will avoid a future recurrence of the error.

29         (b)  In counties with voting systems that do not use

30  ballot cards or paper ballots, each canvassing board

31  responsible for conducting a recount shall examine the

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  1  counters on the precinct tabulators to ensure that the total

  2  of the returns on the precinct tabulators equals the overall

  3  election return machines or the tabulation of the ballots cast

  4  in each precinct in which the office or issue appeared on the

  5  ballot and determine whether the returns correctly reflect the

  6  votes cast. If there is a discrepancy between the overall

  7  election return returns and the counters of the precinct

  8  tabulators machines or the tabulation of the ballots cast, the

  9  counters of the precinct tabulators of such machines or the

10  tabulation of the ballots cast shall be presumed correct and

11  such votes shall be canvassed accordingly.

12         (c)  The canvassing board shall submit a second set of

13  unofficial returns to the Department of State for each

14  federal, statewide, state, or multi-county office or ballot

15  measure no later than noon on the second day after any

16  election in which a recount was conducted pursuant to this

17  subsection.  If the canvassing board is unable to complete the

18  recount prescribed in this subsection by the deadline, the

19  second set of unofficial returns submitted by the canvassing

20  board shall be identical to the initial unofficial returns and

21  the submission shall also include a detailed explanation of

22  why it was unable to timely complete the recount.  However,

23  the canvassing board shall complete the recount prescribed in

24  this subsection, along with any manual recount prescribed in

25  s. 102.166, and certify election returns in accordance with

26  the requirements of this chapter.

27         Section 35.  Section 102.166, Florida Statutes, is

28  amended to read:

29         102.166  Manual recounts Protest of election returns;

30  procedure.--

31

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  1         (1)  If the second set of unofficial returns pursuant

  2  to s. 102.141 indicates that a candidate for any office was

  3  defeated or eliminated by one-quarter of a percent or less of

  4  the votes cast for such office, that a candidate for retention

  5  to a judicial office was retained or not retained by

  6  one-quarter of a percent or less of the votes cast on the

  7  question of retention, or that a measure appearing on the

  8  ballot was approved or rejected by one-quarter of a percent or

  9  less of the votes cast on such measure, the board responsible

10  for certifying the results of the vote on such race or measure

11  shall order a manual recount of the overvotes and undervotes

12  cast in the entire geographic jurisdiction of such office or

13  ballot measure.

14         (2)(a)  If the second set of unofficial returns

15  pursuant to s. 102.141 indicates that a candidate for any

16  office was defeated or eliminated by between one-quarter and

17  one-half of a percent of the votes cast for such office, that

18  a candidate for retention to judicial office was retained or

19  not retained by between one-quarter and one-half of a percent

20  of the votes cast on the question of retention, or that a

21  measure appearing on the ballot was approved or rejected by

22  between one-quarter and one-half of a percent of the votes

23  cast on such measure, any such candidate, the political party

24  of such candidate, or any political committee that supports or

25  opposes such ballot measure is entitled to a manual recount of

26  the overvotes and undervotes cast in the entire geographic

27  jurisdiction of such office or ballot measure, provided that:

28         1.  A request for a manual recount is made by 5 p.m. on

29  the second day after the election; and

30         2.  At the time of the request, the requesting party

31  posts a bond in an amount prescribed by rule of the Department

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  1  of State, which shall be forfeited if the outcome of the

  2  election does not change.

  3         (b)  For federal, statewide, state, and multi-county

  4  races and ballot issues, requests for a manual recount shall

  5  be made in writing to the state Elections Canvassing

  6  Commission.  For all other races and ballot issues, requests

  7  for a manual recount shall be made in writing to the county

  8  canvassing board.

  9         (c)  Upon receipt of an appropriate, timely request

10  accompanied by an adequate bond, the Elections Canvassing

11  Commission or county canvassing board shall immediately order

12  a manual recount of overvotes and undervotes in all affected

13  jurisdictions.

14         (d)  The Department of State shall adopt rules

15  prescribing the amount of the bond required to be posted when

16  requesting a manual recount.  The amount of the bond shall

17  cover the overall cost to conduct the recount.  The rules may

18  provide for formulas to calculate the costs of an election

19  recount, based on factors such as:

20         1.  Number of ballots involved;

21         2.  Number of counties involved;

22         3.  Type of voting system involved;

23         4.  Geographic location of the recount;

24         5.  Timeframe to conduct the recount; and

25         6.  Any other factor that may affect the cost of the

26  recount.

27

28  The department shall solicit information from each county as

29  to recount costs, and shall consider such information in

30  adopting the rules.  The department's rules shall also provide

31

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  1  procedures for posting of the bond and the distribution of

  2  funds to the affected counties upon forfeiture.

  3         (3)(a)  Any hardware or software used to identify and

  4  sort overvotes and undervotes for a given race or ballot

  5  measure must be certified by the Department of State as part

  6  of the voting system pursuant to s. 101.015. Any such hardware

  7  or software must be capable of simultaneously counting votes.

  8  For certified voting systems, the department shall certify

  9  such hardware or software by July 1, 2002.  If the department

10  is unable to certify such hardware or software for a certified

11  voting system by July 1, 2002, the department shall adopt

12  rules prescribing procedures for identifying and sorting such

13  overvotes and undervotes. The department's rules may provide

14  for the temporary use of hardware or software whose sole

15  function is identifying and sorting overvotes and undervotes.

16         (b)  This subsection does not preclude the department

17  from certifying hardware or software after July 1, 2002.

18         (c)  Overvotes and undervotes shall be identified and

19  sorted while recounting ballots pursuant to s. 102.141, if the

20  hardware or software for this purpose has been certified or

21  the department's rules so provide.

22         (1)  Any candidate for nomination or election, or any

23  elector qualified to vote in the election related to such

24  candidacy, shall have the right to protest the returns of the

25  election as being erroneous by filing with the appropriate

26  canvassing board a sworn, written protest.

27         (2)  Such protest shall be filed with the canvassing

28  board prior to the time the canvassing board certifies the

29  results for the office being protested or within 5 days after

30  midnight of the date the election is held, whichever occurs

31  later.

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  1         (3)  Before canvassing the returns of the election, the

  2  canvassing board shall:

  3         (a)  When paper ballots are used, examine the

  4  tabulation of the paper ballots cast.

  5         (b)  When voting machines are used, examine the

  6  counters on the machines of nonprinter machines or the

  7  printer-pac on printer machines. If there is a discrepancy

  8  between the returns and the counters of the machines or the

  9  printer-pac, the counters of such machines or the printer-pac

10  shall be presumed correct.

11         (c)  When electronic or electromechanical equipment is

12  used, the canvassing board shall examine precinct records and

13  election returns. If there is a clerical error, such error

14  shall be corrected by the county canvassing board. If there is

15  a discrepancy which could affect the outcome of an election,

16  the canvassing board may recount the ballots on the automatic

17  tabulating equipment.

18         (4)(a)  Any candidate whose name appeared on the

19  ballot, any political committee that supports or opposes an

20  issue which appeared on the ballot, or any political party

21  whose candidates' names appeared on the ballot may file a

22  written request with the county canvassing board for a manual

23  recount. The written request shall contain a statement of the

24  reason the manual recount is being requested.

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

26  board prior to the time the canvassing board certifies the

27  results for the office being protested or within 72 hours

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

29  occurs later.

30         (c)  The county canvassing board may authorize a manual

31  recount. If a manual recount is authorized, the county

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  1  canvassing board shall make a reasonable effort to notify each

  2  candidate whose race is being recounted of the time and place

  3  of such recount.

  4         (d)  The manual recount must include at least three

  5  precincts and at least 1 percent of the total votes cast for

  6  such candidate or issue. In the event there are less than

  7  three precincts involved in the election, all precincts shall

  8  be counted. The person who requested the recount shall choose

  9  three precincts to be recounted, and, if other precincts are

10  recounted, the county canvassing board shall select the

11  additional precincts.

12         (5)  If the manual recount indicates an error in the

13  vote tabulation which could affect the outcome of the

14  election, the county canvassing board shall:

15         (a)  Correct the error and recount the remaining

16  precincts with the vote tabulation system;

17         (b)  Request the Department of State to verify the

18  tabulation software; or

19         (c)  Manually recount all ballots.

20         (4)(6)  Any manual recount shall be open to the public.

21         (5)(a)  A vote for a candidate or ballot measure shall

22  be counted if there is a clear indication on the ballot that

23  the voter has made a definite choice.

24         (b)  The Department of State shall adopt specific rules

25  for each certified voting system prescribing what constitutes

26  a "clear indication on the ballot that the voter has made a

27  definite choice."

28         (6)(7)  Procedures for a manual recount are as follows:

29         (a)  The county canvassing board shall appoint as many

30  counting teams of at least two electors as is necessary to

31  manually recount the ballots. A counting team must have, when

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  1  possible, members of at least two political parties. A

  2  candidate involved in the race shall not be a member of the

  3  counting team.

  4         (b)  If a counting team is unable to determine whether

  5  the ballot contains a clear indication that the voter has made

  6  a definite choice a voter's intent in casting a ballot, the

  7  ballot shall be presented to the county canvassing board for a

  8  determination it to determine the voter's intent.

  9         (c)  The Department of State shall adopt detailed rules

10  prescribing additional recount procedures for each certified

11  voting system which shall be uniform to the extent

12  practicable. The rules shall address, at a minimum, the

13  following areas:

14         1.  Security of ballots during the recount process;

15         2.  Time and place of recounts;

16         3.  Public observance of recounts;

17         4.  Objections to ballot determinations;

18         5.  Record of recount proceedings; and

19         6.  Procedures relating to candidate and petitioner

20  representatives.

21         (8)  If the county canvassing board determines the need

22  to verify the tabulation software, the county canvassing board

23  shall request in writing that the Department of State verify

24  the software.

25         (9)  When the Department of State verifies such

26  software, the department shall:

27         (a)  Compare the software used to tabulate the votes

28  with the software filed with the Department of State pursuant

29  to s. 101.5607; and

30         (b)  Check the election parameters.

31

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  1         (10)  The Department of State shall respond to the

  2  county canvassing board within 3 working days.

  3         Section 36.  Subsections (2), (3) and (4) of section

  4  102.168, Florida Statutes, are amended to read:

  5         102.168  Contest of election.--

  6         (2)  Such contestant shall file a complaint, together

  7  with the fees prescribed in chapter 28, with the clerk of the

  8  circuit court within 10 days after midnight of the date the

  9  last county canvassing board empowered to canvass the returns

10  certifies the results of the election being contested or

11  within 5 days after midnight of the date the last county

12  canvassing board empowered to canvass the returns certifies

13  the results of that particular election following a protest

14  pursuant to s. 102.166(1), whichever occurs later.

15         (3)  The complaint shall set forth the grounds on which

16  the contestant intends to establish his or her right to such

17  office or set aside the result of the election on a submitted

18  referendum. The grounds for contesting an election under this

19  section are:

20         (a)  Misconduct, fraud, or corruption on the part of

21  any election official or any member of the canvassing board

22  sufficient to change or place in doubt the result of the

23  election.

24         (b)  Ineligibility of the successful candidate for the

25  nomination or office in dispute.

26         (c)  Receipt of a number of illegal votes or rejection

27  of a number of legal votes sufficient to change or place in

28  doubt the result of the election.

29         (d)  Proof that any elector, election official, or

30  canvassing board member was given or offered a bribe or reward

31  in money, property, or any other thing of value for the

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  1  purpose of procuring the successful candidate's nomination or

  2  election or determining the result on any question submitted

  3  by referendum.

  4         (e)  Proof that valid votes were not counted due to

  5  system malfunctions or any other valid reason Any other cause

  6  or allegation which, if sustained, would show that a person

  7  other than the successful candidate was the person duly

  8  nominated or elected to the office in question or that the

  9  outcome of the election on a question submitted by referendum

10  was contrary to the result declared by the canvassing board or

11  Elections Canvassing Commission election board.

12         (4)  The canvassing board or Elections Canvassing

13  Commission election board shall be the proper party defendant,

14  and the successful candidate shall be an indispensable party

15  to any action brought to contest the election or nomination of

16  a candidate.

17         Section 37.  Section 102.135, Florida Statutes, is

18  created to read:

19         102.135  Prohibited activities.--A member of the

20  Elections Canvassing Commission or a member of the county

21  canvassing board who publicly endorses or solicits

22  contributions on behalf of a candidate for public office may

23  not render any post-election decision in his or her official

24  capacity as a member of the commission or board which may

25  affect the outcome of any race in which he or she publicly

26  endorsed or solicited contributions on behalf of a candidate

27  for public office.

28         Section 38.  Section 97.0555, Florida Statutes, is

29  created to read:

30         97.0555  Late registration.--An individual or

31  accompanying family member who has been discharged or

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  1  separated from the uniformed services, Merchant Marine, or

  2  from employment outside the territorial limits of the United

  3  States, after the book closing for an election pursuant to s.

  4  97.055 who is otherwise qualified, may register to vote in

  5  such election until 5 p.m. on the Friday before that election.

  6  Such persons must produce sufficient documentation showing

  7  evidence of qualifying for late registration pursuant to this

  8  section. The Department of State shall adopt rules specifying

  9  documentation that is sufficient to determine eligibility.

10         Section 39.  Section 101.6951, Florida Statutes, is

11  created to read:

12         101.6951  State write-in ballot.--

13         (1)  An overseas voter may request, not earlier than

14  180 days before a general election, a state write-in absentee

15  ballot from the supervisor of elections in the county of

16  registration. In order to receive a state write-in ballot, the

17  voter shall state that due to military or other contingencies

18  that preclude normal mail delivery, the voter cannot vote an

19  absentee ballot during the normal absentee voting period.

20  State write-in absentee ballots shall be made available to

21  voters 90 to 180 days prior to a general election. The

22  Department of State shall prescribe by rule the form of the

23  state write-in ballot.

24         (2)  In completing the ballot, the overseas voter may

25  designate his or her choice by writing in the name of the

26  candidate or by writing in the name of a political party, in

27  which case the ballot must be counted for the candidate of

28  that political party, if there is such a party candidate on

29  the ballot.

30         (3)  Any abbreviation, misspelling, or other minor

31  variation in the form of the name of a candidate or a

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  1  political party must be disregarded in determining the

  2  validity of the ballot if there is a clear indication on the

  3  ballot that the voter has made a definite choice.

  4         (4)  The state write-in ballot shall contain all

  5  offices, federal, state, and local, for which the voter would

  6  otherwise be entitled to vote.

  7         Section 40.  Section 101.6952, Florida Statutes, is

  8  created to read:

  9         101.6952  Absentee ballots for overseas voters.--

10         (1)  If an overseas voter's request for an absentee

11  ballot includes an e-mail address, the supervisor of elections

12  shall inform the voter of the names of candidates who will be

13  on the ballots via electronic transmission.  The supervisor of

14  elections shall e-mail to the voter the list of candidates for

15  the primary and general election not later than 30 days before

16  each election.

17         (2)  For absentee ballots received from overseas

18  voters, there is a presumption that the envelope was mailed on

19  the date stated and witnessed on the outside of the return

20  envelope, regardless of the absence of a postmark on the

21  mailed envelope or the existence of a postmark date that is

22  later than the date of the election.

23         Section 41.  Section 101.697, Florida Statutes, is

24  created to read:

25         101.697  Electronic transmission of election

26  materials.--The Department of State shall adopt rules to

27  authorize a supervisor of elections to accept a request for an

28  absentee ballot and a voted absentee ballot by facsimile

29  machine or other electronic means from overseas voters. The

30  rules must provide that in order to accept a voted ballot, the

31  verification of the voter must be established, the security of

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  1  the transmission must be established, and each ballot received

  2  must be recorded.

  3         Section 42.  Section 101.698, Florida Statutes, is

  4  created to read:

  5         101.698  Absentee voting in emergency situations.--If a

  6  national or local emergency or other situation arises which

  7  makes substantial compliance with the provisions of state or

  8  federal law relating to the methods of voting for overseas

  9  voters impossible or unreasonable, such as an armed conflict

10  involving United States Armed Forces or mobilization of those

11  forces, including state National Guard and reserve components,

12  the Elections Canvassing Commission may adopt by emergency

13  rules, such special procedures or requirements necessary to

14  facilitate absentee voting by those persons directly affected

15  who are otherwise eligible to vote in the election.

16         Section 43.  Paragraph (b) of subsection (1) and

17  subsection (7) of section 101.62, Florida Statutes, are

18  amended to read:

19         101.62  Request for absentee ballots.--

20         (1)

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

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

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

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

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

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

27  making the request must disclose:

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

29  requested;

30         2.  The elector's address;

31

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

  2  security number;

  3         4.  The registration number on the elector's date of

  4  birth registration identification card;

  5         5.  The requester's name;

  6         6.  The requester's address;

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

  8  available, driver's license number;

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

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

11         (7)(a)  For the purposes of this section, "absent

12  qualified elector overseas" means:

13         1.  Members of the Armed Forces while in the active

14  service who are permanent residents of the state and are

15  temporarily residing outside the territorial limits of the

16  United States and the District of Columbia;

17         2.  Members of the Merchant Marine of the United States

18  who are permanent residents of the state and are temporarily

19  residing outside the territorial limits of the United States

20  and the District of Columbia; and

21         3.  Other citizens of the United States who are

22  permanent residents of the state and are temporarily residing

23  outside the territorial limits of the United States and the

24  District of Columbia,

25

26  who are qualified and registered as provided by law.

27         (b)  Notwithstanding any other provision of law to the

28  contrary, there shall appear on the ballots sent to absent

29  qualified electors overseas, in addition to the names of the

30  candidates for each office, the political party affiliation of

31

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  1  each candidate for each office, other than a nonpartisan

  2  office.

  3         (c)  With respect to marked ballots mailed by absent

  4  qualified electors overseas, only those ballots mailed with an

  5  APO, FPO, or foreign postmark shall be considered valid.

  6         Section 44.  Section 101.64, Florida Statutes, is

  7  amended to read:

  8         101.64  Delivery of absentee ballots; envelopes;

  9  form.--

10         (1)  The supervisor shall enclose with each absentee

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

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

13  mailing envelope, into which the absent elector shall then

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

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

16  substantially the following form:

17

18         Note:  Please Read Instructions Carefully Before

19        Marking Ballot and Completing Voter's Certificate.

20                       VOTER'S CERTIFICATE

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

22  qualified and registered voter of .... County, Florida and

23  that I have not and will not vote more than one ballot in this

24  election. I understand that if I commit or attempt to commit

25  any fraud in connection with voting, vote a fraudulent ballot,

26  or vote more than once in an election, I can be convicted of a

27  felony of the third degree and fined up to $5,000 and/or

28  imprisoned for up to 5 years.  I also understand that failure

29  to sign this certificate and have my signature properly

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

31  absentee ballot for one of the following reasons:

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  1

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

  3  the polls.

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

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

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

  7  machine custodian, a deputy sheriff, a supervisor of

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

  9  different precinct than that in which I am registered.

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

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

12  primary election.

13         5.  I have changed my permanent residency to another

14  county in Florida within the time period during which the

15  registration books are closed for the election.  I understand

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

17  offices and on statewide issues.

18         6.  I have changed my permanent residency to another

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

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

21  only for President and Vice President.

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

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

24  the supervision of, the county supervisor of elections.

25

26

27  ...(Date)...                         ...(Voter's Signature)...

28

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

30  Note: Your Signature Must Be Witnessed By Either:

31

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

  2  Instruction Sheet.

  3

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

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

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

  7  ........, ...(year)....

  8                                   ...(Signature of Official)...

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

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

11         Personally Known ........ OR Produced Identification

12  ........

13         Type of Identification Produced........................

14

15                                OR

16

17         b.  One Witness 18 Years of Age or Older as provided in

18  item 8 of the Instruction Sheet, who is a registered voter in

19  the State.

20

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

22  Certificate in my presence and that, unless certified as an

23  absentee ballot coordinator, I have not witnessed more than 5

24  ballots for this election.

25

26  WITNESS:

27

28  ...(Signature of Witness)...

29                                 ...(Printed Name of Witness)...

30

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

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  1                         Registration)...

  2

  3  ...(Address)...

  4                                              ...(City/State)...

  5

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

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

  8  the absent elector and the attesting witness are across the

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

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

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

12  elector and the attesting witness shall execute the

13  certificate on the envelope.

14         Section 45.  Section 101.65, Florida Statutes, is

15  amended to read:

16         101.65  Instructions to absent electors.--The

17  supervisor shall enclose with each absentee ballot separate

18  printed instructions in substantially the following form:

19

20  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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

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

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

24  supervisor of elections of the county in which your precinct

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

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

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

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

29  or write.

30         3.  Place your marked ballot in the enclosed secrecy

31  envelope.

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  1         4.  Insert the secrecy envelope into the enclosed

  2  mailing envelope which is addressed to the supervisor.

  3         5.  Seal the mailing envelope and completely fill out

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

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

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

  7  (Voter's Signature).

  8         7.  VERY IMPORTANT. If you are an overseas voter, you

  9  must include the date you signed the Voter's Certificate on

10  the line above (Date) or your ballot may not be counted.,

11  place the last four digits of your Social Security number in

12  the space provided, and your ballot must be witnessed in

13  either of the following manners:

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

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

16  voter identification number, and county of registration on the

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

18  five ballots per election unless certified as an absentee

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

20  witness.

21         b.  Any notary or other officer entitled to administer

22  oaths or any Florida supervisor of elections or deputy

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

24  an attesting witness.

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

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

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

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

29         9.7.  Mail, deliver, or have delivered the completed

30  mailing envelope. Be sure there is sufficient postage if

31  mailed.

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  1         10.8.  FELONY NOTICE. It is a felony under Florida law

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

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

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

  5  or under any other circumstances making your ballot false or

  6  fraudulent.

  7         Section 46.  Section 101.657, Florida Statutes, is

  8  amended to read:

  9         101.657  Voting absentee ballots in person.--

10         (1)  Notwithstanding s. 97.021(1), Any qualified and

11  registered elector who is unable to attend the polls on

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

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

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

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

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

17  identification approved by the Department of State.  If the

18  elector fails to furnish the required identification, or if

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

20  the supervisor must follow the procedure prescribed in s.

21  101.49.

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

23  101.647, and 101.65, the supervisor of elections may allow an

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

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

26  voting device used by the supervisor to collect or tabulate

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

28  close of the polls on election day.

29         (a)(3)  The elector must provide picture identification

30  and must complete an In-Office Voter Certificate in

31  substantially the following form:

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  1

  2                   IN-OFFICE VOTER CERTIFICATE

  3

  4  I, ...., am a qualified elector in this election and

  5  registered voter of .... County, Florida. I do solemnly swear

  6  or affirm that I am the person so listed on the voter

  7  registration rolls of .... County and that I reside at the

  8  listed address. I understand that if I commit or attempt to

  9  commit fraud in connection with voting, vote a fraudulent

10  ballot, or vote more than once in an election I could be

11  convicted of a felony of the third degree and both fined up to

12  $5,000 and imprisoned for up to 5 years. I understand that my

13  failure to sign this certificate and have my signature

14  witnessed invalidates my ballot. I am entitled to vote an

15  absentee ballot because I am unable to attend the polls on

16  election day.

17

18

19  ...(Voter's Signature)...

20

21  ...(Address)...

22

23  ...(City/State)...

24

25  ...(Name of Witness)...

26

27  ...(Signature of Witness)...

28

29  ...(Type of identification provided)...

30

31

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  1         (b)(4)  Any elector may challenge an elector seeking to

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

  3  Any challenged ballot must be placed in a regular absentee

  4  ballot envelope. The canvassing board shall review the ballot

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

  6         (c)(5)  The canvass of returns for ballots cast under

  7  this subsection section shall be substantially the same as

  8  votes cast by electors in precincts, as provided in s.

  9  101.5614.

10         Section 47.  Paragraphs (a) and (c) of subsection (2)

11  of section 101.68, Florida Statutes, are amended to read:

12         101.68  Canvassing of absentee ballot.--

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

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

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

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

17  electronic tabulating equipment, the processing of absentee

18  ballots through such tabulating equipment may also begin at 7

19  a.m. on the fourth day before the election begin upon the

20  opening of the polls on election day.  However,

21  notwithstanding any such authorization to begin canvassing or

22  otherwise processing absentee ballots early, no result or

23  tabulation of absentee ballots shall be made until after the

24  close of the polls on election day.

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

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

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

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

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

30  absentee ballot. An absentee ballot shall be considered

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

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

  2  by the registration records, and the signature and address of

  3  an attesting witness. either:

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

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

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

  7  identification number, and county of registration of one

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

  9

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

11  the signature of the elector or attesting witness does not

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

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

14  canvassing board determines that any ballot is illegal, a

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

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

17  envelope and the ballot contained therein shall be preserved

18  in the manner that official ballots voted are preserved.

19         2.  If any elector or candidate present believes that

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

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

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

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

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

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

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

27  has been removed from the mailing envelope.

28         Section 48.  Section 104.047, Florida Statutes, is

29  amended to read:

30         104.047  Absentee ballots and voting; violations.--

31

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

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

  3  exchange for distributing, ordering, requesting, collecting,

  4  delivering, or otherwise physically possessing absentee

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

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

  7  775.082, s. 775.083, or s. 775.084.

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

  9  person who requests an absentee ballot on behalf of an elector

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

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

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

13  entitled to administer oaths or an absentee ballot coordinator

14  as provided by s. 101.685, who witnesses more than five

15  ballots in any single election, is guilty of a misdemeanor of

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

17  775.083.

18         (3)(4)  Any person who marks or designates a choice on

19  the ballot of another person, except as provided in s.

20  101.051, s. 101.655, or s. 101.661, is guilty of a felony of

21  the third degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (5)  Any person who returns more than two absentee

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

25  101.647 is guilty of a misdemeanor of the first degree,

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

27         Section 49.  Sections 101.647 and 101.685, Florida

28  Statutes, are repealed.

29         Section 50.  Section 98.255, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See

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  1         s. 98.255, F.S., for present text.)

  2         98.255  Voter educational programs and materials.--

  3         (1)  The Department of State shall adopt rules

  4  prescribing minimum standards for nonpartisan voter education.

  5  The standards shall address, but are not limited to, the

  6  following subjects:

  7         (a)  Voter registration;

  8         (b)  Balloting procedures, absentee and polling place; 

  9         (c)  Voter rights and responsibilities;

10         (d)  Distribution of sample ballots; and

11         (e)  Public service announcements.

12         (2)  Each county supervisor shall implement the minimum

13  voter education standards, and shall conduct additional

14  nonpartisan education efforts as necessary to ensure that

15  voters have a working knowledge of the voting process.

16         Section 51.  Section 101.031, Florida Statutes, is

17  amended to read:

18         101.031  Instructions for electors.--

19         (1)  The Department of State, or in case of municipal

20  elections the governing body of the municipality, shall print,

21  in large type on cards, instructions for the electors to use

22  in voting.  It shall provide not less than two cards for each

23  voting precinct for each election and furnish such cards to

24  each supervisor upon requisition.  Each supervisor of

25  elections shall send a sufficient number of these cards to the

26  precincts prior to an election.  The election inspectors shall

27  display the cards in the polling places as information for

28  electors.  The cards shall contain information about how to

29  vote and such other information as the Department of State may

30  deem necessary. The cards must also include the list of rights

31

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  1  and responsibilities afforded to Florida voters, as described

  2  in subsection (2).

  3         (2)  The supervisor of elections in each county shall

  4  have posted at each polling place in the county the Voter's

  5  Bill of Rights and Responsibilities in the following form:

  6                      VOTER'S BILL OF RIGHTS

  7         Each registered voter in this state has the right to:

  8         1.  Vote and have his or her vote accurately counted.

  9         2.  Cast a vote if he or she is in line when the polls

10  are closing.

11         3.  Ask for and receive assistance in voting.

12         4.  Up to two replacement ballots if he or she has

13  voted in error.

14         5.  An explanation if his or her registration is in

15  question.

16         6.  If his or her registration is in question, cast a

17  provisional ballot.

18         7.  Prove his or her identity by signing an affidavit

19  if election officials doubt the voter's identity.

20         8.  Written instructions to use when voting, and, upon

21  request, oral instructions in voting from elections officers.

22         9.  Vote free from coercion or intimidation by

23  elections officers or any other person.

24         10.  Vote on a voting system that is in working

25  condition and that will allow votes to be accurately cast.

26                      VOTER RESPONSIBILITIES

27         Each registered voter in this state has the

28  responsibility to:

29         1.  Study and know candidates and issues.

30         2.  Keep his or her voter address current.

31

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  1         3.  Know his or her precinct and its hours of

  2  operation.

  3         4.  Bring proper identification to the polling station.

  4         5.  Know how to operate voting equipment properly.

  5         6.  Treat precinct workers with courtesy.

  6         7.  Respect the privacy of other voters.

  7         8.  Report problems or violations of election law.

  8         9.  Ask questions when confused.

  9         10.  Check his or her completed ballot for accuracy.

10         (3)  Nothing in this section shall give rise to a legal

11  cause of action.

12         (4)(2)  In case any elector, after entering the voting

13  booth, shall ask for further instructions concerning the

14  manner of voting, two election officers who are not both

15  members of the same political party, if present, or, if not,

16  two election officers who are members of the same political

17  party, shall give such instructions to such elector, but no

18  officer or person assisting an elector shall in any manner

19  request, suggest, or seek to persuade or induce any elector to

20  vote for or against any particular ticket, candidate,

21  amendment, question, or proposition.  After giving the elector

22  instructions and before the elector has voted, the officers or

23  persons assisting the elector shall retire, and such elector

24  shall vote in secret.

25         Section 52.  Subsection (1) of section 101.131, Florida

26  Statutes, is amended to read:

27         101.131  Watchers at polls.--

28         (1)  Each political party and each candidate may have

29  one watcher in each polling room at any one time during the

30  election.  No watcher shall be permitted to come closer to the

31  officials' table or the voting booths than is reasonably

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  1  necessary to properly perform his or her functions, but each

  2  shall be allowed within the polling room to watch and observe

  3  the conduct of electors and officials.  The watchers shall

  4  furnish their own materials and necessities and shall not

  5  obstruct the orderly conduct of any election.  Each watcher

  6  shall be a qualified and registered elector of the county in

  7  which he or she serves.  During the elections the officials

  8  shall call out the names of electors loudly enough to be heard

  9  by the watchers.

10         Section 53.  Section 102.014, Florida Statutes, is

11  created to read:

12         102.014  Pollworker recruitment and training.--

13         (1)  The supervisor of elections shall conduct training

14  for inspectors, clerks, and deputy sheriffs prior to each

15  primary, general, and special election for the purpose of

16  instructing such persons in their duties and responsibilities

17  as election officials.  A certificate may be issued by the

18  supervisor of elections to each person completing such

19  training. No person shall serve as an inspector, clerk, or

20  deputy sheriff for an election unless such person has

21  completed the training as required.  A clerk may not work at

22  the polls unless he or she demonstrates a working knowledge of

23  the laws and procedures relating to voter registration, voting

24  system operation, balloting and polling place procedures, and

25  problem-solving and conflict-resolution skills.

26         (2)  A person who has attended previous training

27  conducted within 2 years before the election may be appointed

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

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

30  the supervisor of elections may fill such vacancy in

31  accordance with the provisions of subsection (3) from among

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  1  persons who have not received the training required by this

  2  section.

  3         (3)  In the case of absence or refusal to act on the

  4  part of any inspector or clerk at any precinct on the day of

  5  an election, the supervisor shall appoint a replacement who

  6  meets the qualifications prescribed in section 102.012(2).

  7  The inspector or clerk so appointed shall be a member of the

  8  same political party as the clerk or inspector whom he or she

  9  replaces.

10         (4)  Each supervisor of elections shall be responsible

11  for training inspectors and clerks, subject to the following

12  minimum requirements:

13         (a)  Each clerk shall receive four hours of training

14  biannually when not in a general election year, and two hours

15  of training quarterly in each general election year;

16         (b)  Each inspector shall receive at least two hours of

17  training biannually when not in a general election year, and

18  one hour of training quarterly in each general election year.

19         (c)  No clerk shall be entitled to work at the polls

20  unless he or she has had a minimum of six hours of training.

21         (d)  No inspector shall work at the polls unless he or

22  she has had a minimum of three hours of training.

23         (5)  The Department of State shall create a uniform

24  polling place procedures manual and adopt the manual by rule.

25  Each supervisor of elections shall insure that the manual is

26  available in hard copy or electronic form in every precinct in

27  the supervisor's jurisdiction on election day.  The manual

28  shall guide inspectors, clerks, and deputy sheriffs in the

29  proper implementation of election procedures and laws.  The

30  manual shall be indexed by subject, and written in plain,

31  clear, unambiguous language.  The manual shall provide

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  1  specific examples of common problems encountered at the polls

  2  on election day, and detail specific procedures for resolving

  3  those problems.  The manual shall include, without limitation:

  4         (a)  Regulations governing solicitation by individuals

  5  and groups at the polling place;

  6         (b)  Procedures to be followed with respect to voters

  7  whose names are not on the precinct register;

  8         (c)  Proper operation of the voting system;

  9         (d)  Ballot handling procedures;

10         (e)  Procedures governing spoiled ballots;

11         (f)  Procedures to be followed after the polls close;

12         (g)  Rights of voters at the polls;

13         (h)  Procedures for handling emergency situations;

14         (i)  Procedures for dealing with irate voters;

15         (j)  The handling and processing of provisional

16  ballots; and

17         (k)  Security procedures.

18

19  The Department of State shall revise the manual as necessary

20  to address new procedures in law or problems encountered by

21  voters and pollworkers at the precincts.

22         (6)  State, county, and municipal workers who volunteer

23  to serve as clerks and inspectors and whose jobs are not of an

24  emergency nature may work at the polls, as needed, in lieu of

25  their normal work.

26         (7)  Supervisors of elections shall work with the

27  business and local community to develop public-private

28  programs to ensure the recruitment of skilled inspectors and

29  clerks.

30         Section 54.  Subsections (8) and (9) of section

31  102.012, Florida Statutes, are repealed.

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  1         Section 55.  Subsection (1) of section 97.073, Florida

  2  Statutes, is amended to read:

  3         97.073  Disposition of voter registration applications;

  4  cancellation notice.--

  5         (1)  The supervisor must notify each applicant of the

  6  disposition of the applicant's voter registration application.

  7  The notice must inform the applicant that the application has

  8  been approved, is incomplete, has been denied, or is a

  9  duplicate of a current registration. A registration

10  identification card sent to an applicant constitutes notice of

11  approval of registration. If the application is incomplete,

12  the supervisor must request that notice must instruct the

13  applicant supply the missing information in writing and sign a

14  statement that the additional information is true and correct

15  to complete another voter registration application, which the

16  supervisor must provide. A notice of denial must inform the

17  applicant of the reason the application was denied.

18         Section 56.  Subsection (1) of section 98.015, Florida

19  Statutes, is amended to read:

20         98.015  Supervisor of elections; election, tenure of

21  office, compensation, custody of books, office hours,

22  successor, seal; appointment of deputy supervisors; duties.--

23         (1)  A supervisor of elections shall be elected in a

24  nonpartisan election in each county at the general election in

25  each year the number of which is a multiple of four for a

26  4-year term commencing on the first Tuesday after the first

27  Monday in January succeeding his or her election. Each

28  supervisor shall, before performing any of his or her duties,

29  take the oath prescribed in s. 5, Art. II of the State

30  Constitution.

31

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  1         Section 57.  Subsection (3), paragraph (a) of

  2  subsection (4), and paragraph (a) of subsection (5) of section

  3  105.031, Florida Statutes, are amended to read:

  4         105.031  Qualification; filing fee; candidate's oath;

  5  items required to be filed.--

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

  7  election to a judicial office, the office of supervisor of

  8  elections, or the office of school board member, except

  9  write-in judicial candidates, shall, during the time for

10  qualifying, pay to the officer with whom he or she qualifies a

11  qualifying fee, which shall consist of a filing fee and an

12  election assessment, or qualify by the alternative method. The

13  amount of the filing fee is 3 percent of the annual salary of

14  the office sought. The amount of the election assessment is 1

15  percent of the annual salary of the office sought.  The

16  Department of State shall forward all filing fees to the

17  Department of Revenue for deposit in the Elections Commission

18  Trust Fund.  The supervisor of elections shall forward all

19  filing fees to the Elections Commission Trust Fund.  The

20  election assessment shall be deposited into the Elections

21  Commission Trust Fund.  The annual salary of the office for

22  purposes of computing the qualifying fee shall be computed by

23  multiplying 12 times the monthly salary authorized for such

24  office as of July 1 immediately preceding the first day of

25  qualifying.  This subsection shall not apply to candidates

26  qualifying for retention to judicial office.

27         (4)  CANDIDATE'S OATH.--

28         (a)  All candidates for the office of supervisor of

29  elections or the office of school board member shall subscribe

30  to the oath as prescribed in s. 99.021.

31         (5)  ITEMS REQUIRED TO BE FILED.--

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  1         (a)  In order for a candidate for judicial office, the

  2  office of supervisor of elections, or the office of school

  3  board member to be qualified, the following items must be

  4  received by the filing officer by the end of the qualifying

  5  period:

  6         1.  Except for candidates for retention to judicial

  7  office, a properly executed check drawn upon the candidate's

  8  campaign account in an amount not less than the fee required

  9  by subsection (3) or, in lieu thereof, the copy of the notice

10  of obtaining ballot position pursuant to s. 105.035. If a

11  candidate's check is returned by the bank for any reason, the

12  filing officer shall immediately notify the candidate and the

13  candidate shall, the end of qualifying notwithstanding, have

14  48 hours from the time such notification is received,

15  excluding Saturdays, Sundays, and legal holidays, to pay the

16  fee with a cashier's check purchased from funds of the

17  campaign account.  Failure to pay the fee as provided in this

18  subparagraph shall disqualify the candidate.

19         2.  The candidate's oath required by subsection (4),

20  which must contain the name of the candidate as it is to

21  appear on the ballot; the office sought, including the

22  district or group number if applicable; and the signature of

23  the candidate, duly acknowledged.

24         3.  The loyalty oath required by s. 876.05, signed by

25  the candidate and duly acknowledged.

26         4.  The completed form for the appointment of campaign

27  treasurer and designation of campaign depository, as required

28  by s. 106.021. In addition, each candidate for judicial

29  office, including an incumbent judge, shall file a statement

30  with the qualifying officer, within 10 days after filing the

31  appointment of campaign treasurer and designation of campaign

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  1  depository, stating that the candidate has read and

  2  understands the requirements of the Florida Code of Judicial

  3  Conduct. Such statement shall be in substantially the

  4  following form:

  5

  6            Statement of Candidate for Judicial Office

  7

  8  I, ...(name of candidate)..., a judicial candidate, have

  9  received, read, and understand the requirements of the Florida

10  Code of Judicial Conduct.

11                                  ...(Signature of candidate)...

12                                                    ...(Date)...

13

14         5.  The full and public disclosure of financial

15  interests required by s. 8, Art. II of the State Constitution

16  or the statement of financial interests required by s.

17  112.3145, whichever is applicable.

18         Section 58.  Section 105.035, Florida Statutes, is

19  amended to read:

20         105.035  Alternative method of qualifying for certain

21  judicial offices, the office of supervisor of elections, and

22  the office of school board member.--

23         (1)  A person seeking to qualify for election to the

24  office of circuit judge or county court judge, the office of

25  supervisor of elections, or the office of school board member

26  may qualify for election to such office by means of the

27  petitioning process prescribed in this section. A person

28  qualifying by this alternative method shall not be required to

29  pay the qualifying fee required by this chapter. A person

30  using this petitioning process shall file an oath with the

31  officer before whom the candidate would qualify for the office

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  1  stating that he or she intends to qualify by this alternative

  2  method for the office sought. Such oath shall be filed at any

  3  time after the first Tuesday after the first Monday in January

  4  of the year in which the election is held, but prior to the

  5  21st day preceding the first day of the qualifying period for

  6  the office sought. The form of such oath shall be prescribed

  7  by the Division of Elections. No signatures shall be obtained

  8  until the person has filed the oath prescribed in this

  9  subsection.

10         (2)  Upon receipt of a written oath from a candidate,

11  the qualifying officer shall provide the candidate with a

12  petition format prescribed by the Division of Elections to be

13  used by the candidate to reproduce petitions for circulation.

14  If the candidate is running for an office which will be

15  grouped on the ballot with two or more similar offices to be

16  filled at the same election, the candidate's petition must

17  indicate, prior to the obtaining of registered electors'

18  signatures, for which group or district office the candidate

19  is running.

20         (3)  Each candidate for election to a judicial office,

21  the office of supervisor of elections, or the office of school

22  board member shall obtain the signature of a number of

23  qualified electors equal to at least 1 percent of the total

24  number of registered electors of the district, circuit,

25  county, or other geographic entity represented by the office

26  sought as shown by the compilation by the Department of State

27  for the last preceding general election.   A separate petition

28  shall be circulated for each candidate availing himself or

29  herself of the provisions of this section.

30         (4)(a)  Each candidate seeking to qualify for election

31  to the office of circuit judge or the office of school board

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  1  member from a multicounty school district pursuant to this

  2  section shall file a separate petition from each county from

  3  which signatures are sought.  Each petition shall be

  4  submitted, prior to noon of the 21st day preceding the first

  5  day of the qualifying period for the office sought, to the

  6  supervisor of elections of the county for which such petition

  7  was circulated.  Each supervisor of elections to whom a

  8  petition is submitted shall check the signatures on the

  9  petition to verify their status as electors of that county and

10  of the geographic area represented by the office sought. Prior

11  to the first date for qualifying, the supervisor shall certify

12  the number shown as registered electors and submit such

13  certification to the Division of Elections.  The division

14  shall determine whether the required number of signatures has

15  been obtained for the name of the candidate to be placed on

16  the ballot and shall notify the candidate.  If the required

17  number of signatures has been obtained, the candidate shall,

18  during the time prescribed for qualifying for office, submit a

19  copy of such notice and file his or her qualifying papers and

20  oath prescribed in s. 105.031 with the Division of Elections.

21  Upon receipt of the copy of such notice and qualifying papers,

22  the division shall certify the name of the candidate to the

23  appropriate supervisor or supervisors of elections as having

24  qualified for the office sought.

25         (b)  Each candidate seeking to qualify for election to

26  the office of county court judge, the office of supervisor of

27  elections, or the office of school board member from a single

28  county school district pursuant to this section shall submit

29  his or her petition, prior to noon of the 21st day preceding

30  the first day of the qualifying period for the office sought,

31  to the supervisor of elections of the county for which such

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  1  petition was circulated. The supervisor shall check the

  2  signatures on the petition to verify their status as electors

  3  of the county and of the geographic area represented by the

  4  office sought. Prior to the first date for qualifying, the

  5  supervisor shall determine whether the required number of

  6  signatures has been obtained for the name of the candidate to

  7  be placed on the ballot and shall notify the candidate. If the

  8  required number of signatures has been obtained, the candidate

  9  shall, during the time prescribed for qualifying for office,

10  submit a copy of such notice and file his or her qualifying

11  papers and oath prescribed in s. 105.031 with the qualifying

12  officer.  Upon receipt of the copy of such notice and

13  qualifying papers, such candidate shall be entitled to have

14  his or her name printed on the ballot.

15         Section 59.  Subsection (4) of section 105.041, Florida

16  Statutes, is amended to read:

17         105.041  Form of ballot.--

18         (4)  WRITE-IN CANDIDATES.--Space shall be made

19  available on the general election ballot for an elector to

20  write in the name of a write-in candidate for judge of a

21  circuit court or county court, supervisor of elections, or

22  member of a school board if a candidate has qualified as a

23  write-in candidate for such office pursuant to s. 105.031.

24  This subsection shall not apply to the offices of justices and

25  judges seeking retention.

26         Section 60.  Paragraph (a) of subsection (1) of section

27  105.051, Florida Statutes, is amended to read:

28         105.051  Determination of election or retention to

29  office.--

30         (1)  ELECTION.--In circuits and counties holding

31  elections:

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  1         (a)  The name of an unopposed candidate for the office

  2  of circuit judge, county court judge, supervisor of elections,

  3  or member of a school board shall not appear on any ballot,

  4  and such candidate shall be deemed to have voted for himself

  5  or herself at the general election.

  6         Section 61.  Subsection (3) is added to section

  7  105.061, Florida Statutes, to read:

  8         105.061  Electors qualified to vote.--

  9         (3)  The election of the supervisor of elections shall

10  be by vote of the qualified electors of the county.

11         Section 62.  Subsection (1) of section 105.08, Florida

12  Statutes, is amended to read:

13         105.08  Campaign contribution and expense; reporting.--

14         (1)  A candidate for judicial office, the office of

15  supervisor of elections, or the office of school board member

16  may accept contributions and may incur only such expenses as

17  are authorized by law.  Each such candidate shall keep an

18  accurate record of his or her contributions and expenses, and

19  shall file reports pursuant to chapter 106.

20         Section 63.  Sections 100.091 and 100.096, Florida

21  Statutes, are repealed.

22         Section 64.  Subsection (1) of section 97.055, Florida

23  Statutes, is amended to read:

24         97.055  Registration books; when closed for an

25  election.--

26         (1)  The registration books must be closed on the 29th

27  day before each election and must remain closed until after

28  that election. If an election is called and there are fewer

29  than 29 days before that election, the registration books must

30  be closed immediately. When the registration books are closed

31  for an election, voter registration and party changes must be

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  1  accepted but only for the purpose of subsequent elections.

  2  However, party changes received between the book-closing date

  3  of the first primary election and the date of the second

  4  primary election are not effective until after the second

  5  primary election.

  6         Section 65.  Subsection (3) of section 97.071, Florida

  7  Statutes, is amended to read:

  8         97.071  Registration identification card.--

  9         (3)  In the case of a change of name, address, or party

10  affiliation, the supervisor must issue the voter a new

11  registration identification card. However, a registration

12  identification card indicating a party affiliation change made

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

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

15  until after the second primary election.

16         Section 66.  Subsection (3) of section 97.1031, Florida

17  Statutes, is amended to read:

18         97.1031  Notice of change of residence within the same

19  county, change of name, or change of party.--

20         (3)  When an elector seeks to change party affiliation,

21  the elector must provide a signed, written notification of

22  such intent to the supervisor and obtain a registration

23  identification card reflecting the new party affiliation,

24  subject to the issuance restriction in s. 97.071(3).

25         Section 67.  Section 98.081, Florida Statutes, is

26  amended to read:

27         98.081  Names removed from registration books;

28  restrictions on reregistering; recordkeeping; restoration of

29  erroneously or illegally removed names.--

30         (1)  Any person who requested that his or her name be

31  removed from the registration books between the book-closing

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  1  date of the first primary and the date of the second primary

  2  may not register in a different political party until after

  3  the date of the second primary election.

  4         (1)(2)  When the name of any elector is removed from

  5  the registration books pursuant to s. 98.065, s. 98.075, or s.

  6  98.093, the elector's original registration form shall be

  7  filed alphabetically in the office of the supervisor. As

  8  alternatives, registrations removed from the registration

  9  books may be microfilmed and such microfilms substituted for

10  the original registration forms; or, when voter registration

11  information, including the voter's signature, is maintained

12  digitally or on electronic, magnetic, or optic media, such

13  stored information may be substituted for the original

14  registration form. Such microfilms or stored information shall

15  be retained in the custody of the supervisor. In the event the

16  original registration forms are microfilmed or maintained

17  digitally or on electronic or other media, such originals may

18  be destroyed in accordance with the schedule approved by the

19  Bureau of Archives and Records Management of the Division of

20  Library and Information Services of the department.

21         (2)(3)  When the name of any elector has been

22  erroneously or illegally removed from the registration books,

23  the name of the elector shall be restored by the supervisor

24  upon satisfactory proof, even though the registration period

25  for that election is closed.

26         Section 68.  Subsections (1), (2), and (8) of section

27  99.061, Florida Statutes, are amended to read:

28         99.061  Method of qualifying for nomination or election

29  to federal, state, county, or district office.--

30         (1)  The provisions of any special act to the contrary

31  notwithstanding, each person seeking to qualify for nomination

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  1  or election to a federal, state, or multicounty district

  2  office, other than election to a judicial office as defined in

  3  chapter 105 or the office of school board member, shall file

  4  his or her qualification papers with, and pay the qualifying

  5  fee, which shall consist of the filing fee and election

  6  assessment, and party assessment, if any has been levied, to,

  7  the Department of State, or qualify by the alternative method

  8  with the Department of State, at any time after noon of the

  9  1st day for qualifying, which shall be as follows:  the 120th

10  day prior to the first primary election, but not later than

11  noon of the 116th day prior to the date of the first primary

12  election, for persons seeking to qualify for nomination or

13  election to federal office; and noon of the 50th day prior to

14  the first primary election, but not later than noon of the

15  46th day prior to the date of the first primary election, for

16  persons seeking to qualify for nomination or election to a

17  state or multicounty district office.

18         (2)  The provisions of any special act to the contrary

19  notwithstanding, each person seeking to qualify for nomination

20  or election to a county office, or district or special

21  district office not covered by subsection (1), shall file his

22  or her qualification papers with, and pay the qualifying fee,

23  which shall consist of the filing fee and election assessment,

24  and party assessment, if any has been levied, to, the

25  supervisor of elections of the county, or shall qualify by the

26  alternative method with the supervisor of elections, at any

27  time after noon of the 1st day for qualifying, which shall be

28  the 50th day prior to the first primary election or special

29  district election, but not later than noon of the 46th day

30  prior to the date of the first primary election or special

31  district election. However, if a special district election is

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  1  held at the same time as the second primary or general

  2  election, qualifying shall be the 50th day prior to the first

  3  primary election, but not later than noon of the 46th day

  4  prior to the date of the first primary election. Within 30

  5  days after the closing of qualifying time, the supervisor of

  6  elections shall remit to the secretary of the state executive

  7  committee of the political party to which the candidate

  8  belongs the amount of the filing fee, two-thirds of which

  9  shall be used to promote the candidacy of candidates for

10  county offices and the candidacy of members of the

11  Legislature.

12         (8)  Notwithstanding the qualifying period prescribed

13  by this section, in each year in which the Legislature

14  apportions the state, the qualifying period for persons

15  seeking to qualify for nomination or election to federal

16  office shall be between noon of the 57th day prior to the

17  first primary election, but not later than noon of the 53rd

18  day prior to the first primary election.

19         Section 69.  Subsections (1), (2), and (4) of section

20  99.063, Florida Statutes, are amended to read:

21         99.063  Candidates for Governor and Lieutenant

22  Governor.--

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

24  the second primary election, each candidate for Governor shall

25  designate a Lieutenant Governor as a running mate.  Such

26  designation must be made in writing to the Department of

27  State.

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

29  the second primary election, each designated candidate for

30  Lieutenant Governor shall file with the Department of State:

31

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

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

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

  4  candidate, duly acknowledged.

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

  6  the candidate and duly acknowledged.

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

  8  statement of political party affiliation required by s.

  9  99.021(1)(b).

10         (d)  The full and public disclosure of financial

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

12         (4)  In order to have the name of the candidate for

13  Lieutenant Governor printed on the first or second primary

14  election ballot, a candidate for Governor participating in the

15  primary must designate the candidate for Lieutenant Governor,

16  and the designated candidate must qualify no later than the

17  end of the qualifying period specified in s. 99.061.  If the

18  candidate for Lieutenant Governor has not been designated and

19  has not qualified by the end of the qualifying period

20  specified in s. 99.061, the phrase "Not Yet Designated" must

21  be included in lieu of the candidate's name on the primary

22  election ballot ballots and on advance absentee ballots for

23  the general election.

24         Section 70.  Subsection (1) of section 99.095, Florida

25  Statutes, is amended to read:

26         99.095  Alternative method of qualifying.--

27         (1)  A person seeking to qualify for nomination to any

28  office may qualify to have his or her name placed on the

29  ballot for the first primary election by means of the

30  petitioning process prescribed in this section.  A person

31  qualifying by this alternative method shall not be required to

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  1  pay the qualifying fee or party assessment required by this

  2  chapter.  A person using this petitioning process shall file

  3  an oath with the officer before whom the candidate would

  4  qualify for the office stating that he or she intends to

  5  qualify by this alternative method for the office sought. If

  6  the person is running for an office which will be grouped on

  7  the ballot with two or more similar offices to be filled at

  8  the same election, the candidate must indicate in his or her

  9  oath for which group or district office he or she is running.

10  The oath shall be filed at any time after the first Tuesday

11  after the first Monday in January of the year in which the

12  first primary election is held, but prior to the 21st day

13  preceding the first day of the qualifying period for the

14  office sought.  The Department of State shall prescribe the

15  form to be used in administering and filing such oath.  No

16  signatures shall be obtained by a candidate on any nominating

17  petition until the candidate has filed the oath required in

18  this section.  If the person is running for an office which

19  will be grouped on the ballot with two or more similar offices

20  to be filled at the same election and the petition does not

21  indicate the group or district office for which the person is

22  running, the signatures obtained on such petition will not be

23  counted.

24         Section 71.  Section 99.103, Florida Statutes, is

25  amended to read:

26         99.103  Department of State to remit part of filing

27  fees and party assessments of candidates to state executive

28  committee.--

29         (1)  If more than three-fourths of the full authorized

30  membership of the state executive committee of any party was

31  elected at the last previous election for such members and if

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  1  such party is declared by the Department of State to have

  2  recorded on the registration books of the counties, as of the

  3  first Tuesday after the first Monday in January prior to the

  4  first primary election in general election years, 5 percent of

  5  the total registration of such counties when added together,

  6  such committee shall receive, for the purpose of meeting its

  7  expenses, all filing fees collected by the Department of State

  8  from its candidates less an amount equal to 15 percent of the

  9  filing fees, which amount the Department of State shall

10  deposit in the General Revenue Fund of the state.

11         (2)  Not later than 20 days after the close of

12  qualifying in even-numbered years, the Department of State

13  shall remit 95 percent of all filing fees, less the amount

14  deposited in general revenue pursuant to subsection (1), or

15  party assessments that may have been collected by the

16  department to the respective state executive committees of the

17  parties complying with subsection (1).  Party assessments

18  collected by the Department of State shall be remitted to the

19  appropriate state executive committee, irrespective of other

20  requirements of this section, provided such committee is duly

21  organized under the provisions of chapter 103.  The remainder

22  of filing fees or party assessments collected by the

23  Department of State shall be remitted to the appropriate state

24  executive committees not later than the date of the first

25  primary election.

26         Section 72.  Section 100.061, Florida Statutes, is

27  amended to read:

28         100.061  First Primary election.--In each year in which

29  a general election is held, a first primary election for

30  nomination of candidates of political parties shall be held on

31  the second Tuesday following the first Monday in September 9

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  1  weeks prior to the general election.  The Each candidate

  2  receiving the highest number a majority of the votes cast in

  3  each contest in the first primary election shall be declared

  4  nominated for such office.  If two or more candidates receive

  5  an equal and highest number of votes for the same office, such

  6  candidates shall draw lots to determine who shall receive the

  7  nomination. A second primary election shall be held as

  8  provided by s. 100.091 in every contest in which a candidate

  9  does not receive a majority.

10         Section 73.  Section 100.081, Florida Statutes, is

11  amended to read:

12         100.081  Conducting primary elections; Nomination of

13  county commissioners at primary election.--The primary

14  election elections shall provide for the nomination of county

15  commissioners by the qualified electors of such county at the

16  time and place set for voting on other county officers.

17         Section 74.  Paragraph (c) of subsection (1),

18  subsection (3), and paragraph (a) of subsection (4) of section

19  100.111, Florida Statutes, are amended to read:

20         100.111  Filling vacancy.--

21         (1)

22         (c)  If such a vacancy occurs prior to the first

23  primary election but on or after the first day set by law for

24  qualifying, the Secretary of State shall set dates for

25  qualifying for the unexpired portion of the term of such

26  office. Any person seeking nomination or election to the

27  unexpired portion of the term shall qualify within the time

28  set by the Secretary of State.  If time does not permit party

29  nominations to be made in conjunction with the first and

30  second primary election elections, the Governor may call a

31  special primary election, and, if necessary, a second special

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  1  primary election, to select party nominees for the unexpired

  2  portion of such term.

  3         (3)  Whenever there is a vacancy for which a special

  4  election is required pursuant to s. 100.101(1)-(4), the

  5  Governor, after consultation with the Secretary of State,

  6  shall fix the dates date of a special first primary election,

  7  a special second primary election, and a special election.

  8  Nominees of political parties other than minor political

  9  parties shall be chosen under the primary laws of this state

10  in the special primary election elections to become candidates

11  in the special election.  Prior to setting the special

12  election date dates, the Governor shall consider any upcoming

13  elections in the jurisdiction where the special election will

14  be held.  The dates fixed by the Governor shall be specific

15  days certain and shall not be established by the happening of

16  a condition or stated in the alternative.  The dates fixed

17  shall provide a minimum of 2 weeks between each election.  In

18  the event a vacancy occurs in the office of state senator or

19  member of the House of Representatives when the Legislature is

20  in regular legislative session, the minimum times prescribed

21  by this subsection may be waived upon concurrence of the

22  Governor, the Speaker of the House of Representatives, and the

23  President of the Senate.  If a vacancy occurs in the office of

24  state senator and no session of the Legislature is scheduled

25  to be held prior to the next general election, the Governor

26  may fix the dates for the any special primary and for the

27  special election to coincide with the dates of the first and

28  second primary election and general election.  If a vacancy in

29  office occurs in any district in the state Senate or House of

30  Representatives or in any congressional district, and no

31  session of the Legislature, or session of Congress if the

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  1  vacancy is in a congressional district, is scheduled to be

  2  held during the unexpired portion of the term, the Governor is

  3  not required to call a special election to fill such vacancy.

  4         (a)  The dates for candidates to qualify in such

  5  special election or special primary election shall be fixed by

  6  the Department of State, and candidates shall qualify not

  7  later than noon of the last day so fixed.  The dates fixed for

  8  qualifying shall allow a minimum of 14 days between the last

  9  day of qualifying and the special first primary election.

10         (b)  The filing of campaign expense statements by

11  candidates in such special elections or special primaries and

12  by committees making contributions or expenditures to

13  influence the results of such special primaries or special

14  elections shall be not later than such dates as shall be fixed

15  by the Department of State, and in fixing such dates the

16  Department of State shall take into consideration and be

17  governed by the practical time limitations.

18         (c)  The dates for a candidate to qualify by the

19  alternative method in such special primary or special election

20  shall be fixed by the Department of State.  In fixing such

21  dates the Department of State shall take into consideration

22  and be governed by the practical time limitations. Any

23  candidate seeking to qualify by the alternative method in a

24  special primary election shall obtain 25 percent of the

25  signatures required by s. 99.095, s. 99.0955, or s. 99.096, as

26  applicable.

27         (d)  The qualifying fees and party assessments of such

28  candidates as may qualify shall be the same as collected for

29  the same office at the last previous primary for that office.

30  The party assessment shall be paid to the appropriate

31

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  1  executive committee of the political party to which the

  2  candidate belongs.

  3         (e)  Each county canvassing board shall make as speedy

  4  a return of the result of such special primary elections and

  5  special elections and primaries as time will permit, and the

  6  Elections Canvassing Commission likewise shall make as speedy

  7  a canvass and declaration of the nominees as time will permit.

  8         (4)(a)  In the event that death, resignation,

  9  withdrawal, removal, or any other cause or event should cause

10  a party to have a vacancy in nomination which leaves no

11  candidate for an office from such party, the Governor shall,

12  after conferring with the Secretary of State, call a special

13  primary election and, if necessary, a second special primary

14  election to select for such office a nominee of such political

15  party.  The dates on which candidates may qualify for such

16  special primary election shall be fixed by the Department of

17  State, and the candidates shall qualify no later than noon of

18  the last day so fixed. The filing of campaign expense

19  statements by candidates in special primary elections

20  primaries shall not be later than such dates as shall be fixed

21  by the Department of State.  In fixing such dates, the

22  Department of State shall take into consideration and be

23  governed by the practical time limitations.  The qualifying

24  fees and party assessment of such candidates as may qualify

25  shall be the same as collected for the same office at the last

26  previous primary for that office.  Each county canvassing

27  board shall make as speedy a return of the results of such

28  special primary elections primaries as time will permit, and

29  the Elections Canvassing Commission shall likewise make as

30  speedy a canvass and declaration of the nominees as time will

31  permit.

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  1         Section 75.  Subsection (2) of section 100.141, Florida

  2  Statutes, is amended to read:

  3         100.141  Notice of special election to fill any vacancy

  4  in office or nomination.--

  5         (2)  The Department of State shall prepare a notice

  6  stating what offices and vacancies are to be filled in the

  7  special election, the dates date set for the each special

  8  primary election and the special election, the dates fixed for

  9  qualifying for office, the dates fixed for qualifying by the

10  alternative method, and the dates fixed for filing campaign

11  expense statements.

12         Section 76.  Subsection (2) of section 101.252, Florida

13  Statutes, is amended to read:

14         101.252  Candidates entitled to have names printed on

15  certain ballots; exception.--

16         (2)  Any candidate for party executive committee member

17  who has qualified as prescribed by law is entitled to have his

18  or her name printed on the first primary election ballot.

19  However, when there is only one candidate of any political

20  party qualified for such an office, the name of the candidate

21  shall not be printed on the first primary election ballot, and

22  such candidate shall be declared elected to the state or

23  county executive committee.

24         Section 77.  Paragraph (a) of subsection (4) of section

25  101.62, Florida Statutes, is amended to read:

26         101.62  Request for absentee ballots.--

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

28  has requested an absentee ballot, the supervisor of elections

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

30  election and not fewer than 45 days before the general

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

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  1  before the second primary and general election, the supervisor

  2  of elections shall mail an advance absentee ballot to those

  3  persons requesting ballots for such elections.  The advance

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

  5  the first primary absentee ballot as to the names of

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

  7  two candidates, those offices and all political party

  8  executive committee offices shall be omitted.  Except as

  9  provided in s. 99.063(4), the advance absentee ballot for the

10  general election shall be as specified in s. 101.151, except

11  that in the case of candidates of political parties where

12  nominations were not made in the first primary, the names of

13  the candidates placing first and second in the first primary

14  election shall be printed on the advance absentee ballot. The

15  advance absentee ballot or advance absentee ballot information

16  booklet shall be of a different color for each election and

17  also a different color from the absentee ballots for the first

18  primary, second primary, and general election.  The supervisor

19  shall mail an advance absentee ballot for the second primary

20  and general election to each qualified absent elector for whom

21  a request is received until the absentee ballots are printed.

22  The supervisor shall enclose with the advance second primary

23  absentee ballot and advance general election absentee ballot

24  an explanation stating that the absentee ballot for the

25  election will be mailed as soon as it is printed; and, if both

26  the advance absentee ballot and the absentee ballot for the

27  election are returned in time to be counted, only the absentee

28  ballot will be counted.

29         Section 78.  Subsection (7) of section 102.168, Florida

30  Statutes, is amended to read:

31         102.168  Contest of election.--

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  1         (7)  Any candidate, qualified elector, or taxpayer

  2  presenting such a contest to a circuit judge is entitled to an

  3  immediate hearing. However, the court in its discretion may

  4  limit the time to be consumed in taking testimony, with a view

  5  therein to the circumstances of the matter and to the

  6  proximity of any succeeding primary or other election.

  7         Section 79.  Subsection (3) and paragraph (b) of

  8  subsection (4) of section 103.021, Florida Statutes, are

  9  amended to read:

10         103.021  Nomination for presidential

11  electors.--Candidates for presidential electors shall be

12  nominated in the following manner:

13         (3)  Candidates for President and Vice President with

14  no party affiliation may have their names printed on the

15  general election ballots if a petition is signed by 1 percent

16  of the registered electors of this state, as shown by the

17  compilation by the Department of State for the last preceding

18  general election.  A separate petition from each county for

19  which signatures are solicited shall be submitted to the

20  supervisor of elections of the respective county no later than

21  July 15 of each presidential election year. The supervisor

22  shall check the names and, on or before the date of the first

23  primary election, shall certify the number shown as registered

24  electors of the county. The supervisor shall be paid by the

25  person requesting the certification the cost of checking the

26  petitions as prescribed in s. 99.097.  The supervisor shall

27  then forward the certificate to the Department of State which

28  shall determine whether or not the percentage factor required

29  in this section has been met.  When the percentage factor

30  required in this section has been met, the Department of State

31  shall order the names of the candidates for whom the petition

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  1  was circulated to be included on the ballot and shall permit

  2  the required number of persons to be certified as electors in

  3  the same manner as party candidates.

  4         (4)

  5         (b)  A minor party that is not affiliated with a

  6  national party holding a national convention to nominate

  7  candidates for President and Vice President of the United

  8  States may have the names of its candidates for President and

  9  Vice President printed on the general election ballot if a

10  petition is signed by 1 percent of the registered electors of

11  this state, as shown by the compilation by the Department of

12  State for the preceding general election.  A separate petition

13  from each county for which signatures are solicited shall be

14  submitted to the supervisors of elections of the respective

15  county no later than July 15 of each presidential election

16  year.  The supervisor shall check the names and, on or before

17  the date of the first primary election, shall certify the

18  number shown as registered electors of the county. The

19  supervisor shall be paid by the person requesting the

20  certification the cost of checking the petitions as prescribed

21  in s. 99.097.  The supervisor shall then forward the

22  certificate to the Department of State, which shall determine

23  whether or not the percentage factor required in this section

24  has been met.  When the percentage factor required in this

25  section has been met, the Department of State shall order the

26  names of the candidates for whom the petition was circulated

27  to be included on the ballot and shall permit the required

28  number of persons to be certified as electors in the same

29  manner as other party candidates.

30         Section 80.  Section 103.022, Florida Statutes, is

31  amended to read:

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  1         103.022  Write-in candidates for President and Vice

  2  President.--Persons seeking to qualify for election as

  3  write-in candidates for President and Vice President of the

  4  United States may have a blank space provided on the general

  5  election ballot for their names to be written in by filing an

  6  oath with the Department of State at any time after the 57th

  7  day, but before noon of the 49th day, prior to the date of the

  8  first primary election in the year in which a presidential

  9  election is held. The Department of State shall prescribe the

10  form to be used in administering the oath.  The candidates

11  shall file with the department a certificate naming the

12  required number of persons to serve as electors.  Such

13  write-in candidates shall not be entitled to have their names

14  on the ballot.

15         Section 81.  Subsection (4) of section 103.091, Florida

16  Statutes, is amended to read:

17         103.091  Political parties.--

18         (4)  Any political party other than a minor political

19  party may by rule provide for the membership of its state or

20  county executive committee to be elected for 4-year terms at

21  the first primary election in each year a presidential

22  election is held.  The terms shall commence on the first day

23  of the month following each presidential general election; but

24  the names of candidates for political party offices shall not

25  be placed on the ballot at any other election.  The results of

26  such election shall be determined by a plurality of the votes

27  cast.  In such event, electors seeking to qualify for such

28  office shall do so with the Department of State or supervisor

29  of elections not earlier than noon of the 57th day, or later

30  than noon of the 53rd day, preceding the first primary

31  election.  The outgoing chair of each county executive

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  1  committee shall, within 30 days after the committee members

  2  take office, hold an organizational meeting of all newly

  3  elected members for the purpose of electing officers.  The

  4  chair of each state executive committee shall, within 60 days

  5  after the committee members take office, hold an

  6  organizational meeting of all newly elected members for the

  7  purpose of electing officers.

  8         Section 82.  Subsection (1) of section 105.031, Florida

  9  Statutes, is amended to read:

10         105.031  Qualification; filing fee; candidate's oath;

11  items required to be filed.--

12         (1)  TIME OF QUALIFYING.--Except for candidates for

13  judicial office, nonpartisan candidates for multicounty office

14  shall qualify with the Division of Elections of the Department

15  of State and nonpartisan candidates for countywide or less

16  than countywide office shall qualify with the supervisor of

17  elections. Candidates for judicial office other than the

18  office of county court judge shall qualify with the Division

19  of Elections of the Department of State, and candidates for

20  the office of county court judge shall qualify with the

21  supervisor of elections of the county.  Candidates shall

22  qualify no earlier than noon of the 50th day, and no later

23  than noon of the 46th day, before the first primary election.

24  Filing shall be on forms provided for that purpose by the

25  Division of Elections and furnished by the appropriate

26  qualifying officer. Any person seeking to qualify by the

27  alternative method, as set forth in s. 105.035, if the person

28  has submitted the necessary petitions by the required deadline

29  and is notified after the fifth day prior to the last day for

30  qualifying that the required number of signatures has been

31  obtained, shall be entitled to subscribe to the candidate's

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  1  oath and file the qualifying papers at any time within 5 days

  2  from the date he or she is notified that the necessary number

  3  of signatures has been obtained.  Any person other than a

  4  write-in candidate who qualifies within the time prescribed in

  5  this subsection shall be entitled to have his or her name

  6  printed on the ballot.

  7         Section 83.  Subsection (1) and paragraph (b) of

  8  subsection (2) of section 105.041, Florida Statutes, are

  9  amended to read:

10         105.041  Form of ballot.--

11         (1)  BALLOTS.--The names of candidates for nonpartisan

12  judicial office and candidates for the office of school board

13  member which appear on the ballot at the first primary

14  election shall either be grouped together on a separate

15  portion of the ballot or on a separate ballot.  The names of

16  candidates for election to nonpartisan judicial office and

17  candidates for the office of school board member which appear

18  on the ballot at the general election and the names of

19  justices and judges seeking retention to office shall be

20  grouped together on a separate portion of the general election

21  ballot.

22         (2)  LISTING OF CANDIDATES.--

23         (b)1.  The names of candidates for the office of

24  circuit judge shall be listed on the first primary election

25  ballot in the order determined by lot conducted by the

26  director of the Division of Elections of the Department of

27  State after the close of the qualifying period.

28         2.  Candidates who have secured a position on the

29  general election ballot, after having survived elimination at

30  the first primary election, shall have their names listed in

31  the same order as on the first primary election ballot,

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  1  notwithstanding the elimination of any intervening names as a

  2  result of the first primary election.

  3         Section 84.  Paragraph (b) of subsection (1) of section

  4  105.051, Florida Statutes, is amended to read:

  5         105.051  Determination of election or retention to

  6  office.--

  7         (1)  ELECTION.--In circuits and counties holding

  8  elections:

  9         (b)  If two or more candidates, neither of whom is a

10  write-in candidate, qualify for such an office, the names of

11  those candidates shall be placed on the ballot at the first

12  primary election.  If any candidate for such office receives a

13  majority of the votes cast for such office in the first

14  primary election, the name of the candidate who receives such

15  majority shall not appear on any other ballot unless a

16  write-in candidate has qualified for such office.  An

17  unopposed candidate shall be deemed to have voted for himself

18  or herself at the general election.  If no candidate for such

19  office receives a majority of the votes cast for such office

20  in the first primary election, the names of the two candidates

21  receiving the highest number of votes for such office shall be

22  placed on the general election ballot.  If more than two

23  candidates receive an equal and highest number of votes, the

24  name of each candidate receiving an equal and highest number

25  of votes shall be placed on the general election ballot.  In

26  any contest in which there is a tie for second place and the

27  candidate placing first did not receive a majority of the

28  votes cast for such office, the name of the candidate placing

29  first and the name of each candidate tying for second shall be

30  placed on the general election ballot.

31

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  1         Section 85.  Paragraphs (a) and (b) of subsection (1)

  2  of section 106.07, Florida Statutes, are amended to read:

  3         106.07  Reports; certification and filing.--

  4         (1)  Each campaign treasurer designated by a candidate

  5  or political committee pursuant to s. 106.021 shall file

  6  regular reports of all contributions received, and all

  7  expenditures made, by or on behalf of such candidate or

  8  political committee.  Reports shall be filed on the 10th day

  9  following the end of each calendar quarter from the time the

10  campaign treasurer is appointed, except that, if the 10th day

11  following the end of a calendar quarter occurs on a Saturday,

12  Sunday, or legal holiday, the report shall be filed on the

13  next following day which is not a Saturday, Sunday, or legal

14  holiday.  Quarterly reports shall include all contributions

15  received and expenditures made during the calendar quarter

16  which have not otherwise been reported pursuant to this

17  section.

18         (a)  Except as provided in paragraph (b), following the

19  last day of qualifying for office, the reports shall be filed

20  on the 32nd, 18th, and 4th days immediately preceding the

21  first primary election and on the 46th, 32nd, 18th, and 4th

22  days immediately preceding the second primary and general

23  election, for a candidate who is opposed in seeking nomination

24  or election to any office, for a political committee, or for a

25  committee of continuous existence.

26         (b)  Following the last day of qualifying for office,

27  any statewide candidate who has requested to receive

28  contributions from the Election Campaign Financing Trust Fund

29  or any statewide candidate in a race with a candidate who has

30  requested to receive contributions from the trust fund shall

31  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

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  1  to the first primary election and general elections, and on

  2  the 4th, 11th, 18th, and 25th, 32nd, 39th, 46th, and 53rd days

  3  prior to the general election second primary.

  4         Section 86.  Paragraph (c) of subsection (1) of section

  5  106.08, Florida Statutes, is amended to read:

  6         106.08  Contributions; limitations on.--

  7         (1)

  8         (c)  The contribution limits of this subsection apply

  9  to each election. For purposes of this subsection, the first

10  primary election, second primary, and the general election are

11  separate elections so long as the candidate is not an

12  unopposed candidate as defined in s. 106.011(15).  However,

13  for the purpose of contribution limits with respect to

14  candidates for retention as a justice or judge, there is only

15  one election, which is the general election. With respect to

16  candidates in a circuit holding an election for circuit judge

17  or in a county holding an election for county court judge,

18  there are only two elections, which are the first primary

19  election and general election.

20         Section 87.  Subsection (1) of section 106.29, Florida

21  Statutes, is amended to read:

22         106.29  Reports by political parties; restrictions on

23  contributions and expenditures; penalties.--

24         (1)  The state executive committee and each county

25  executive committee of each political party regulated by

26  chapter 103 shall file regular reports of all contributions

27  received and all expenditures made by such committee.  Such

28  reports shall contain the same information as do reports

29  required of candidates by s. 106.07 and shall be filed on the

30  10th day following the end of each calendar quarter, except

31  that, during the period from the last day for candidate

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  1  qualifying until the general election, such reports shall be

  2  filed on the Friday immediately preceding both the first

  3  primary election, the second primary election, and the general

  4  election.  Each state executive committee shall file the

  5  original and one copy of its reports with the Division of

  6  Elections.  Each county executive committee shall file its

  7  reports with the supervisor of elections in the county in

  8  which such committee exists.  Any state or county executive

  9  committee failing to file a report on the designated due date

10  shall be subject to a fine as provided in subsection (3).  No

11  separate fine shall be assessed for failure to file a copy of

12  any report required by this section.

13         Section 88.  Subsection (6) is added to section 236.25,

14  Florida Statutes, to read:

15         236.25  District school tax.--

16         (6)  In addition to the maximum millage levied under

17  this section and the General Appropriations Act, a school

18  district may levy, by local referendum or in a general

19  election, additional millage for school operational purposes

20  up to an amount that, when combined with nonvoted millage

21  levied under this section, does not exceed the 10-mill limit

22  established in s. 9(b), Art. VII of the State Constitution.

23  Any such levy shall be for a maximum of 4 years and shall be

24  counted as part of the 10-mill limit established in s. 9(b),

25  Art. VII of the State Constitution. Millage elections

26  conducted under the authority granted pursuant to this section

27  are subject to ss. 236.31 and 236.32. Funds generated by such

28  additional millage do not become a part of the calculation of

29  the Florida Education Finance Program total potential funds in

30  2001-2002 or any subsequent year and must not be incorporated

31

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  1  in the calculation of any hold-harmless or other component of

  2  the Florida Education Finance Program formula in any year.

  3         Section 89.  Section 236.31, Florida Statutes, is

  4  amended to read:

  5         236.31  District millage elections.--

  6         (1)  The school board, pursuant to resolution adopted

  7  at a regular meeting, shall direct the county commissioners to

  8  call an election at which the electors within the school

  9  districts may approve an ad valorem tax millage as authorized

10  in s. 9, Art. VII of the State Constitution. Such election may

11  be held at any time, except that not more than one such

12  election shall be held during any 12-month period.  Any

13  millage so authorized shall be levied for a period not in

14  excess of 2 years or until changed by another millage

15  election, whichever is the earlier.  In the event any such

16  election is invalidated by a court of competent jurisdiction,

17  such invalidated election shall be considered not to have been

18  held.

19         (2)  The school board, pursuant to resolution adopted

20  at a regular meeting, shall direct the county commissioners to

21  call an election at which the electors within the school

22  district may approve an ad valorem tax millage as authorized

23  under s. 236.25(6). Such election may be held at any time,

24  except that not more than one such election shall be held

25  during any 12-month period. Any millage so authorized shall be

26  levied for a period not in excess of 4 years or until changed

27  by another millage election, whichever is earlier. If any such

28  election is invalidated by a court of competent jurisdiction,

29  such invalidated election shall be considered not to have been

30  held.

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  1         Section 90.  Section 236.32, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

  4         s. 236.32, F.S., for present text.)

  5         236.32  Procedures for holding and conducting school

  6  district millage elections.--

  7         (1)  HOLDING ELECTIONS.--All school district millage

  8  elections shall be held and conducted in the manner prescribed

  9  by law for holding general elections, except as provided in

10  this chapter.

11         (2)  FORM OF BALLOT.--

12         (a)  The school board may propose a single millage or

13  two millages, with one for operating expenses and another for

14  a local capital improvement reserve fund.  When two millage

15  figures are proposed, each millage must be voted on

16  separately.

17         (b)  The school board shall provide the wording of the

18  substance of the measure and the ballot title in the

19  resolution calling for the election.  The wording of the

20  ballot must conform to the provisions of s. 101.161.

21         (3)  QUALIFICATION OF ELECTORS.--All qualified electors

22  of the school district are entitled to vote in the election to

23  set the school tax district millage levy.

24         (4)  RESULTS OF ELECTION.--When the school board

25  proposes one tax levy for operating expenses and another for

26  the local capital improvement reserve fund, the results shall

27  be considered separately.  The tax levy shall be levied only

28  in case a majority of the electors participating in the

29  election vote in favor of the proposed special millage.

30

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  1         (5)  EXPENSES OF ELECTION.--The cost of the publication

  2  of the notice of the election and all expenses of the election

  3  in the school district shall be paid by the school board.

  4         Section 91.  Paragraph (b) of subsection (2) of section

  5  97.041, Florida Statutes, is amended to read:

  6         97.041  Qualifications to register or vote.--

  7         (2)  The following persons, who might be otherwise

  8  qualified, are not entitled to register or vote:

  9         (b)  A person who has been convicted of any felony by

10  any court of record; however, such a person's right to

11  register or vote is automatically restored by operation of

12  law, for persons convicted of a forcible felony as defined in

13  s. 776.08, 5 years after completion and satisfaction of all

14  sentences imposed upon such person or, for all other felons, 1

15  year after completion and satisfaction of all sentences

16  imposed upon such person. For the purposes of this paragraph,

17  "completion and satisfaction of all sentences" occurs when a

18  person is released from incarceration upon expiration of

19  sentence and has paid all court costs and court-ordered

20  restitution and has achieved or completed all other

21  nonmonetary terms and conditions of the sentence or subsequent

22  supervision or, if the person has not been incarcerated for

23  the felony offense, has paid all court costs and court-ordered

24  restitution and has achieved or completed all nonmonetary

25  terms and conditions of community supervision imposed by a

26  court and who has not had his or her right to vote restored

27  pursuant to law. If a majority of the Board of Executive

28  Clemency objects before the automatic restoration of the right

29  to register or vote, such rights shall be restored only upon

30  application to, and approval by, the Board of Executive

31  Clemency.

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  1         Section 92.  Subsection (2) of section 97.052, Florida

  2  Statutes, is amended to read:

  3         97.052  Uniform statewide voter registration

  4  application.--

  5         (2)  The uniform statewide voter registration

  6  application must be designed to elicit the following

  7  information from the applicant:

  8         (a)  Full name.

  9         (b)  Date of birth.

10         (c)  Address of legal residence.

11         (d)  Mailing address, if different.

12         (e)  County of legal residence.

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

14  been granted a homestead exemption, if any.

15         (g)  Race or ethnicity that best describes the

16  applicant:

17         1.  American Indian or Alaskan Native.

18         2.  Asian or Pacific Islander.

19         3.  Black, not Hispanic.

20         4.  White, not Hispanic.

21         5.  Hispanic.

22         (h)  Sex.

23         (i)  Party affiliation.

24         (j)  Whether the applicant needs assistance in voting.

25         (k)  Name and address where last registered.

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

27  security number.

28         (m)  Florida driver's license number or the

29  identification number from a Florida identification card

30  issued under s. 322.051.

31         (n)  Telephone number (optional).

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  1         (o)  Signature of applicant under penalty for false

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

  3  subscribes to the oath required by s. 3, Art. VI of the State

  4  Constitution and s. 97.051, and swears or affirms that the

  5  information contained in the registration application is true.

  6         (p)  Whether the application is being used for initial

  7  registration, to update a voter registration record, or to

  8  request a replacement registration identification card.

  9         (q)  Whether the applicant is a citizen of the United

10  States.

11         (r)  That the applicant has not been convicted of a

12  felony or, if convicted, has had his or her voting civil

13  rights restored.

14         (s)  That the applicant has not been adjudicated

15  mentally incapacitated with respect to voting or, if so

16  adjudicated, has had his or her right to vote restored.

17

18  The registration form must be in plain language and designed

19  so that convicted felons whose voting civil rights have been

20  restored and persons who have been adjudicated mentally

21  incapacitated and have had their voting rights restored are

22  not required to reveal their prior conviction or adjudication.

23         Section 93.  Paragraph (a) of subsection (5) of section

24  97.053, Florida Statutes, is amended to read:

25         97.053  Acceptance of voter registration

26  applications.--

27         (5)(a)  A voter registration application is complete if

28  it contains:

29         1.  The applicant's name.

30         2.  The applicant's legal residence address.

31         3.  The applicant's date of birth.

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  1         4.  An indication that the applicant is a citizen of

  2  the United States.

  3         5.  The last four digits of the applicant's social

  4  security number.

  5         6.  An indication that the applicant has not been

  6  convicted of a felony or that, if convicted, has had his or

  7  her voting civil rights restored.

  8         7.  An indication that the applicant has not been

  9  adjudicated mentally incapacitated with respect to voting or

10  that, if so adjudicated, has had his or her right to vote

11  restored.

12         8.  Signature of the applicant swearing or affirming

13  under the penalty for false swearing pursuant to s. 104.011

14  that the information contained in the registration application

15  is true and subscribing to the oath required by s. 3, Art. VI

16  of the State Constitution and s. 97.051.

17         Section 94.  (1)  Effective July 1, 2001, the sum of $2

18  million is appropriated from the General Revenue Fund to the

19  Department of State for the purpose of providing a statewide

20  voter registration database. From the funds appropriated, the

21  department may contract with the Florida Association of Court

22  Clerks to analyze, design, develop, operate, and maintain a

23  statewide, on-line voter registration database and associated

24  web site, to be available statewide by June 1, 2002. The

25  database shall contain voter registration information from

26  each of the 67 supervisors of elections in this state, and

27  shall be accessible through an Internet web site. The system

28  shall provide functionality for ensuring that the database is

29  updated on a daily basis to determine if a registered voter is

30  ineligible to vote for any of the following reasons,

31  including, but not limited to:

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  1         (a)  The voter is deceased;

  2         (b)  The voter has been convicted of a felony and has

  3  not had his or her civil rights restored; or

  4         (c)  The voter has been adjudicated mentally

  5  incompetent and his or her mental capacity with respect to

  6  voting has not been restored.

  7

  8  The database shall also allow for duplicate voter

  9  registrations to be identified.

10         (2)  The Department of State shall not contract with

11  any private entity other than the Florida Association of Court

12  Clerks for the operation or maintenance of the statewide voter

13  registration database.

14         (3)  To the maximum extent feasible, state and local

15  government entities shall facilitate provision of information

16  and access to data to the Florida Association of Court Clerks

17  in order to compare information in the statewide voter

18  registration database with available information in other

19  computer databases, including, but not limited to, databases

20  that contain reliable criminal records and records of deceased

21  persons. State and local governmental agencies that provide

22  such data shall do so without charge if the direct cost

23  incurred by those agencies is not significant.

24         (4)  The Division of Elections shall provide written

25  quarterly progress reports on each phase of development of the

26  voter registration database to the President of the Senate and

27  the Speaker of the House of Representatives beginning July 1,

28  2001, and continuing until the database is fully implemented.

29         Section 95.  Effective June 30, 2001, section 98.0975,

30  Florida Statutes, is repealed.

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  1         Section 96.  Funds provided in the 2001-2002 General

  2  Appropriations Act for Voting Systems Assistance shall be

  3  appropriated to the Division of Elections, Department of

  4  State, to be distributed to the counties to implement the

  5  provisions of this act in the following manner:

  6         (1)  Counties having a population of 75,000 or fewer

  7  based on the 2000 census shall receive a total of $7,500 per

  8  precinct based on the number of precincts as certified by the

  9  Department of State for the 2000 General Election, to be

10  distributed in two equal installments on July 1, 2001, and

11  July 1, 2002.

12         (2)  All other counties shall receive a total of $3,750

13  per precinct based on the number of precincts as certified by

14  the Department of State for the 2000 General Election, to be

15  distributed in two equal installments on July 1, 2001, and

16  July 1, 2002.

17         Section 97.  Except for sections 91 through 93, which

18  shall take effect on the effective date of Senate Joint

19  Resolution No. 434 or another amendment to the State

20  Constitution which authorizes, or removes impediments to,

21  enactment of those sections by the Legislature, and except

22  when a different effective date is expressly provided in the

23  act, this act shall take effect January 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 1374

  3

  4  The Committee Substitute for Committee Substitute for SB 1374
    changes the Committee Substitute by adding the following major
  5  issues:

  6  -     provides for provisional ballots for voters whose
          eligibility cannot be determined at the polls on
  7        election day;

  8  -     revises the recount standards and mechanisms;

  9  -     revises the deadlines for the certification of election
          results;
10
    -     authorizes any voter to vote an absentee ballot and
11        modifies other portions of the absentee ballot laws
          which have not been precleared by the Justice Department
12        or which have proved unworkable;

13  -     creates several new sections to facilitate provisions of
          the federal Uniformed and Overseas Citizens Absentee
14        Voting Act;

15  -     revises procedures to be followed for incomplete voter
          registrations;
16
    -     revises procedures for school district millage
17        elections;

18  -     and provides a distribution formula for appropriation to
          the counties.
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