House Bill hb0139

    Florida House of Representatives - 2001                 HB 139

        By Representative Richardson






  1                      A bill to be entitled

  2         An act relating to elections; creating the

  3         Election Reform Study Commission; providing for

  4         appointment of members; providing for

  5         administrative and fiscal support; authorizing

  6         per diem and reimbursement of travel expenses;

  7         providing for open meetings and records;

  8         specifying duties; requiring a report;

  9         providing for termination of the commission

10         upon submission of the report; providing an

11         effective date.

12

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

14

15         Section 1.  Election Reform Study Commission.--

16         (1)  The Legislature finds that the 2000 presidential

17  election revealed a number of problems in the current election

18  process in this state and therefore has determined to form a

19  commission to review state election procedures, identify the

20  problems inherent in those procedures, take public testimony,

21  and recommend changes in the law to correct the problems

22  identified.

23         (2)  The Election Reform Study Commission is created

24  and is assigned to the Division of Elections of the Department

25  of State for administrative and fiscal purposes only.  In

26  addition, staff of the Senate Committee on Ethics and

27  Elections and the House Committee on Rules, Ethics, &

28  Elections shall provide administrative support for the

29  commission.  The Election Reform Study Commission shall

30  consist of 13 members to be appointed on or before July 15,

31  2001, as follows:

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    Florida House of Representatives - 2001                 HB 139

    791-100A-01






  1         (a)  One member shall be the Secretary of State, or a

  2  designee thereof, who shall serve as chair.

  3         (b)  One member shall be the Director of the Division

  4  of Elections of the Department of State.

  5         (c)  The Speaker of the House of Representatives shall

  6  appoint two members who are members of the House of

  7  Representatives, one of whom must be registered in the

  8  majority party in the House and the other registered in the

  9  minority party in the House.

10         (d)  The President of the Senate shall appoint two

11  members who are members of the Senate, one of whom must be

12  registered in the majority party in the Senate and the other

13  registered in the minority party in the Senate.

14         (e)  The Governor shall appoint one member who is a

15  member of The Florida Bar in good standing with expertise in

16  state election law.

17         (f)  The Secretary of State shall appoint two members

18  who are registered electors of the two major political parties

19  and who are chosen from the recommendations of organizations

20  representing groups most adversely affected by voting

21  irregularities during the 2000 general election.

22         (g)  The President of the Florida State Association of

23  Supervisors of Elections shall appoint four members who are

24  supervisors of elections and who are representative of urban

25  and rural counties and the two major political parties, at

26  least one of whom must be an African American.

27         (3)  Members of the commission shall serve without

28  compensation, except for per diem and reimbursement of travel

29  expenses as provided by s. 112.061, Florida Statutes.  A

30  vacancy on the commission shall be filled in the same manner

31  as the original appointment.

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    Florida House of Representatives - 2001                 HB 139

    791-100A-01






  1         (4)  The commission shall hold its organizational

  2  meeting by August 1, 2001, and thereafter shall meet as

  3  necessary at the call of the chair at the time and place

  4  designated by the chair.  A quorum is necessary for the

  5  purpose of conducting official business of the commission.

  6  The commission shall use accepted rules of procedure to

  7  conduct its meetings and shall keep a complete record of each

  8  meeting.  All meetings and records of the commission shall be

  9  open and available to the public as provided by law.

10         (5)  The duties of the commission, in examining the

11  methods, systems, and procedures for voting throughout the

12  state, shall be to consider, but not be limited to, the

13  following:

14         (a)  The establishment of a uniform statewide voting

15  system, including the procurement of the system with state

16  funds.

17         (b)  The restriction or elimination of partisan

18  political activity by election officials and their staff,

19  including the Secretary of State, the Director of the Division

20  of Elections, and each county supervisor of elections.

21         (c)  A review of the provisions establishing the

22  submission deadlines for election returns, including provision

23  of specific applicability to the protest and contest of

24  election procedures.

25         (d)  A review of the provisions authorizing manual

26  recounts, including adoption of specific standards required

27  under any current voting system recommended for retention or

28  any uniform statewide voting system recommended for purchase

29  or development.

30         (e)  A review of the registration process, including

31  review of the registration procedures of the Department of

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    Florida House of Representatives - 2001                 HB 139

    791-100A-01






  1  Highway Safety and Motor Vehicles and the various voter

  2  registration agencies and review of the procedures for

  3  removing the names of voters from the registration books who

  4  are deceased or have been convicted of a felony or adjudicated

  5  mentally incapacitated with respect to voting.

  6         (f)  A review of the procedures for identifying,

  7  instructing, and assisting voters in the polling place.

  8         (g)  A documentation, through public testimony, of the

  9  history of voting problems in the state to determine their

10  degree and scope.

11         (6)  The commission shall develop recommendations,

12  based on its findings, to reform election procedures in this

13  state.  The commission shall report its recommendations,

14  including any proposed legislation, to the Governor, the

15  President of the Senate, and the Speaker of the House of

16  Representatives by December 30, 2001.  Upon submission of the

17  report, the commission shall be terminated.

18         Section 2.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Creates the Election Reform Study Commission to review
24    state election procedures and make recommendations for
      the improvement of such procedures.  Provides for
25    appointment of members.  Authorizes per diem and
      reimbursement of travel expenses.  Provides for
26    administrative and fiscal support.  Provides for open
      meetings and records.  Requires a report, including any
27    proposed legislation, to the Governor, the President of
      the Senate, and the Speaker of the House of
28    Representatives, and provides for termination of the
      commission upon submission of the report.
29

30

31

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