House Bill hb1925

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    Florida House of Representatives - 2001                HB 1925

        By the Committee on Rules, Ethics & Elections and
    Representative Goodlette





  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; defining the terms "error in the

  4         vote tabulation" and "provisional ballot";

  5         revising the definition of "primary election";

  6         amending s. 100.061, F.S.; providing for a

  7         single primary election, including the date for

  8         holding that election; providing that

  9         candidates receiving the highest number of

10         votes in the primary election are declared

11         nominated; providing a method for deciding tie

12         votes; repealing s. 100.091, F.S., relating to

13         the second primary election, to conform;

14         repealing s. 100.096, F.S., relating to the

15         holding of special elections in conjunction

16         with the second primary election, to conform;

17         amending ss. 97.055, 97.071, 97.1031, and

18         98.081, F.S., relating to restrictions on

19         changing party affiliation between primary

20         elections, to conform; amending s. 99.063,

21         F.S.; revising the date to designate a

22         Lieutenant Governor running mate, to conform;

23         amending s. 101.62, F.S.; revising the dates

24         for mailing absentee ballots to absent electors

25         overseas and eliminating advance absentee

26         ballots, to conform; amending ss. 10.1008,

27         99.061, 99.095, 99.103, 100.071, 100.081,

28         100.111, 100.141, 101.141, 101.251, 101.252,

29         102.012, 103.021, 103.022, 103.091, 105.031,

30         105.041, 105.051, 106.07, and 106.29, F.S.;

31         revising and deleting references, to conform;

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  1         amending s. 106.08, F.S.; increasing campaign

  2         contribution limits; providing penalties;

  3         revising and deleting references to the primary

  4         elections, to conform; creating s. 98.0977,

  5         F.S.; providing for development of a statewide

  6         voter registration database; authorizing the

  7         Department of State to hold the copyright to

  8         the database software as provided by law;

  9         providing for update of information in the

10         database; providing for an operational date;

11         providing that funding shall be as provided for

12         in the General Appropriations Act; creating s.

13         98.0979, F.S.; providing that voter

14         registration information is public except for

15         information made confidential by law; providing

16         requirements for securing copies of any voter

17         registration information; creating s. 101.048,

18         F.S.; authorizing and providing requirements

19         for provisional ballots, including the

20         canvassing thereof; amending s. 101.045, F.S.;

21         requiring verification of an elector's

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

23         precinct register; authorizing the voting of a

24         provisional ballot if eligibility cannot be

25         determined; amending s. 101.5614, F.S.,

26         relating to the canvass of returns; providing

27         for provisional ballots, to conform; amending

28         s. 101.69, F.S.; allowing a voter who has

29         requested an absentee ballot and who decides to

30         vote at the polls on election day to vote a

31         provisional ballot, if the absentee ballot is

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  1         not returned; amending s. 102.111, F.S.;

  2         revising membership of the Elections Canvassing

  3         Commission; revising provisions for filling

  4         vacancies on the commission; amending s.

  5         102.112, F.S.; revising the deadline for

  6         submission of county returns to the Department

  7         of State following the general election;

  8         eliminating reference to the second primary

  9         election; providing that late returns shall be

10         ignored; providing an exception due to an

11         emergency; eliminating provisions establishing

12         fines for late reporting; amending s. 102.141,

13         F.S.; clarifying canvassing procedures relating

14         to election recounts; providing conditions

15         under which a manual recount is required;

16         amending s. 102.166, F.S.; modifying protest

17         procedures and deadlines for requesting a

18         manual recount; providing for the use of

19         certain standards for determining voter intent;

20         amending s. 102.167, F.S.; providing the form

21         of protest of election returns with the

22         Elections Canvassing Commission; amending s.

23         102.168, F.S.; providing that an unsuccessful

24         candidate is a proper party to bring an

25         election contest for certain elections;

26         providing that any taxpayer is a proper party

27         to bring an election contest for elections

28         involving a referendum; clarifying the

29         circumstances under which a person may bring an

30         election contest; providing that the Elections

31         Canvassing Commission is a defendant in certain

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  1         contested elections; removing certain authority

  2         of circuit judges to fashion orders relating to

  3         contests; amending s. 99.096, F.S.; providing

  4         conditions for automatic ballot access for

  5         minor party candidates without having to pay a

  6         filing fee or qualify by the alternative

  7         method, if otherwise qualified; providing an

  8         effective date.

  9  

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

11  

12         Section 1.  Subsections (11) through (20) and (22)

13  through (30) of section 97.021, Florida Statutes, are

14  renumbered as subsections (12) through (21) and (24) through

15  (32), respectively, present subsection (21) is renumbered as

16  subsection (22) and amended, and new subsections (11) and (23)

17  are added to said section, to read:

18         97.021  Definitions.--For the purposes of this code,

19  except where the context clearly indicates otherwise, the

20  term:

21         (11)  "Error in the vote tabulation" means the failure

22  of a vote tabulation system to count a vote for a candidate

23  when the voter's intent is clearly ascertainable.

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

25  preceding the general election for the purpose of nominating a

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

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

28  primary election is a nomination or elimination election; the

29  second primary is a nominating election only.

30  

31  

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  1         (23)  "Provisional ballot" means a ballot issued to a

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

  3  day for one of the following reasons:

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

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

  6  determined.

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

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

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

10  the precinct.

11         Section 2.  Section 100.061, Florida Statutes, is

12  amended to read:

13         100.061  First Primary election.--In each year in which

14  a general election is held, a first primary election for

15  nomination of candidates of political parties shall be held on

16  the second Tuesday in September 9 weeks prior to the general

17  election. The Each candidate receiving the highest number a

18  majority of the votes cast in each contest in the first

19  primary election shall be declared nominated for such office.

20  If two or more persons receive an equal and highest number of

21  votes for the same office, such persons shall draw lots to

22  determine who shall receive the nomination. A second primary

23  election shall be held as provided by s. 100.091 in every

24  contest in which a candidate does not receive a majority.

25         Section 3.  Sections 100.091 and 100.096, Florida

26  Statutes, are repealed.

27         Section 4.  Section 10.1008, Florida Statutes, is

28  amended to read:

29         10.1008  Applicability.--This joint resolution applies

30  with respect to the qualification, nomination, and election of

31  

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  1  members of the Legislature in the primary primaries and

  2  general elections election to be held in 1992 and thereafter.

  3         Section 5.  Subsection (1) of section 97.055, Florida

  4  Statutes, is amended to read:

  5         97.055  Registration books; when closed for an

  6  election.--

  7         (1)  The registration books must be closed on the 29th

  8  day before each election and must remain closed until after

  9  that election. If an election is called and there are fewer

10  than 29 days before that election, the registration books must

11  be closed immediately. When the registration books are closed

12  for an election, voter registration and party changes must be

13  accepted but only for the purpose of subsequent elections.

14  However, party changes received between the book-closing date

15  of the first primary election and the date of the second

16  primary election are not effective until after the second

17  primary election.

18         Section 6.  Subsection (3) of section 97.071, Florida

19  Statutes, is amended to read:

20         97.071  Registration identification card.--

21         (3)  In the case of a change of name, address, or party

22  affiliation, the supervisor must issue the voter a new

23  registration identification card. However, a registration

24  identification card indicating a party affiliation change made

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

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

27  until after the second primary election.

28         Section 7.  Subsection (3) of section 97.1031, Florida

29  Statutes, is amended to read:

30         97.1031  Notice of change of residence within the same

31  county, change of name, or change of party.--

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  1         (3)  When an elector seeks to change party affiliation,

  2  the elector must provide a signed, written notification of

  3  such intent to the supervisor and obtain a registration

  4  identification card reflecting the new party affiliation,

  5  subject to the issuance restriction in s. 97.071(3).

  6         Section 8.  Subsection (1) of section 98.081, Florida

  7  Statutes, is amended to read:

  8         98.081  Names removed from registration books;

  9  restrictions on reregistering; recordkeeping; restoration of

10  erroneously or illegally removed names.--

11         (1)  Any person who requested that his or her name be

12  removed from the registration books between the book-closing

13  date of the first primary election and the date of the

14  subsequent general election second primary may not register in

15  a different political party during the period until after the

16  date of the second primary election and before the date of the

17  subsequent general election.

18         Section 9.  Subsections (1), (2), and (8) of section

19  99.061, Florida Statutes, are amended to read:

20         99.061  Method of qualifying for nomination or election

21  to federal, state, county, or district office.--

22         (1)  The provisions of any special act to the contrary

23  notwithstanding, each person seeking to qualify for nomination

24  or election to a federal, state, or multicounty district

25  office, other than election to a judicial office as defined in

26  chapter 105 or the office of school board member, shall file

27  his or her qualification papers with, and pay the qualifying

28  fee, which shall consist of the filing fee and election

29  assessment, and party assessment, if any has been levied, to,

30  the Department of State, or qualify by the alternative method

31  with the Department of State, at any time after noon of the

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  1  1st day for qualifying, which shall be as follows:  the 120th

  2  day prior to the first primary election, but not later than

  3  noon of the 116th day prior to the date of the first primary

  4  election, for persons seeking to qualify for nomination or

  5  election to federal office; and noon of the 50th day prior to

  6  the first primary election, but not later than noon of the

  7  46th day prior to the date of the first primary election, for

  8  persons seeking to qualify for nomination or election to a

  9  state or multicounty district office.

10         (2)  The provisions of any special act to the contrary

11  notwithstanding, each person seeking to qualify for nomination

12  or election to a county office, or district or special

13  district office not covered by subsection (1), shall file his

14  or her qualification papers with, and pay the qualifying fee,

15  which shall consist of the filing fee and election assessment,

16  and party assessment, if any has been levied, to, the

17  supervisor of elections of the county, or shall qualify by the

18  alternative method with the supervisor of elections, at any

19  time after noon of the 1st day for qualifying, which shall be

20  the 50th day prior to the first primary election or special

21  district election, but not later than noon of the 46th day

22  prior to the date of the first primary election or special

23  district election. When However, if a special district

24  election is held at the same time as the second primary or

25  general election, qualifying shall also be the 50th day prior

26  to the first primary election, but not later than noon of the

27  46th day prior to the date of the first primary election.

28  Within 30 days after the closing of qualifying time, the

29  supervisor of elections shall remit to the secretary of the

30  state executive committee of the political party to which the

31  candidate belongs the amount of the filing fee, two-thirds of

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  1  which shall be used to promote the candidacy of candidates for

  2  county offices and the candidacy of members of the

  3  Legislature.

  4         (8)  Notwithstanding the qualifying period prescribed

  5  by this section, in each year in which the Legislature

  6  apportions the state, the qualifying period for persons

  7  seeking to qualify for nomination or election to federal

  8  office shall be between noon of the 57th day prior to the

  9  first primary election, but not later than noon of the 53rd

10  day prior to the first primary election.

11         Section 10.  Subsections (1), (2), and (4) of section

12  99.063, Florida Statutes, are amended to read:

13         99.063  Candidates for Governor and Lieutenant

14  Governor.--

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

16  the second primary election, each candidate for Governor shall

17  designate a Lieutenant Governor as a running mate.  Such

18  designation must be made in writing to the Department of

19  State.

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

21  the second primary election, each designated candidate for

22  Lieutenant Governor shall file with the Department of State:

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

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

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

26  candidate, duly acknowledged.

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

28  the candidate and duly acknowledged.

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

30  statement of political party affiliation required by s.

31  99.021(1)(b).

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  1         (d)  The full and public disclosure of financial

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

  3         (4)  In order to have the name of the candidate for

  4  Lieutenant Governor printed on the first or second primary

  5  election ballot, a candidate for Governor participating in the

  6  primary must designate the candidate for Lieutenant Governor,

  7  and the designated candidate must qualify no later than the

  8  end of the qualifying period specified in s. 99.061.  If the

  9  candidate for Lieutenant Governor has not been designated and

10  has not qualified by the end of the qualifying period

11  specified in s. 99.061, the phrase "Not Yet Designated" must

12  be included in lieu of the candidate's name on the primary

13  election ballot ballots and on advance absentee ballots for

14  the general election.

15         Section 11.  Subsection (1) of section 99.095, Florida

16  Statutes, is amended to read:

17         99.095  Alternative method of qualifying.--

18         (1)  A person seeking to qualify for nomination to any

19  office may qualify to have his or her name placed on the

20  ballot for the first primary election by means of the

21  petitioning process prescribed in this section.  A person

22  qualifying by this alternative method shall not be required to

23  pay the qualifying fee or party assessment required by this

24  chapter.  A person using this petitioning process shall file

25  an oath with the officer before whom the candidate would

26  qualify for the office stating that he or she intends to

27  qualify by this alternative method for the office sought. If

28  the person is running for an office which will be grouped on

29  the ballot with two or more similar offices to be filled at

30  the same election, the candidate must indicate in his or her

31  oath for which group or district office he or she is running.

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  1  The oath shall be filed at any time after the first Tuesday

  2  after the first Monday in January of the year in which the

  3  first primary election is held, but prior to the 21st day

  4  preceding the first day of the qualifying period for the

  5  office sought.  The Department of State shall prescribe the

  6  form to be used in administering and filing such oath.  No

  7  signatures shall be obtained by a candidate on any nominating

  8  petition until the candidate has filed the oath required in

  9  this section.  If the person is running for an office which

10  will be grouped on the ballot with two or more similar offices

11  to be filled at the same election and the petition does not

12  indicate the group or district office for which the person is

13  running, the signatures obtained on such petition will not be

14  counted.

15         Section 12.  Section 99.103, Florida Statutes, is

16  amended to read:

17         99.103  Department of State to remit part of filing

18  fees and party assessments of candidates to state executive

19  committee.--

20         (1)  If more than three-fourths of the full authorized

21  membership of the state executive committee of any party was

22  elected at the last previous election for such members and if

23  such party is declared by the Department of State to have

24  recorded on the registration books of the counties, as of the

25  first Tuesday after the first Monday in January prior to the

26  first primary election in general election years, 5 percent of

27  the total registration of such counties when added together,

28  such committee shall receive, for the purpose of meeting its

29  expenses, all filing fees collected by the Department of State

30  from its candidates less an amount equal to 15 percent of the

31  

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  1  filing fees, which amount the Department of State shall

  2  deposit in the General Revenue Fund of the state.

  3         (2)  Not later than 20 days after the close of

  4  qualifying in even-numbered years, the Department of State

  5  shall remit 95 percent of all filing fees, less the amount

  6  deposited in general revenue pursuant to subsection (1), or

  7  party assessments that may have been collected by the

  8  department to the respective state executive committees of the

  9  parties complying with subsection (1).  Party assessments

10  collected by the Department of State shall be remitted to the

11  appropriate state executive committee, irrespective of other

12  requirements of this section, provided such committee is duly

13  organized under the provisions of chapter 103.  The remainder

14  of filing fees or party assessments collected by the

15  Department of State shall be remitted to the appropriate state

16  executive committees not later than the date of the first

17  primary election.

18         Section 13.  Subsection (2) of section 100.071, Florida

19  Statutes, is amended to read:

20         100.071  Grouping of candidates on primary election

21  ballot ballots.--

22         (2)  Each nominee of a political party chosen in the

23  primary election primaries shall appear on the general

24  election ballot in the same numbered group or district as on

25  the primary election ballot.

26         Section 14.  Section 100.081, Florida Statutes, is

27  amended to read:

28         100.081  Conducting primary elections; Nomination of

29  county commissioners at primary election.--The primary

30  election elections shall provide for the nomination of county

31  

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  1  commissioners by the qualified electors of such county at the

  2  time and place set for voting on other county officers.

  3         Section 15.  Paragraph (c) of subsection (1),

  4  subsection (3), paragraph (a) of subsection (4), and

  5  subsection (5) of section 100.111, Florida Statutes, are

  6  amended to read:

  7         100.111  Filling vacancy.--

  8         (1)

  9         (c)  If such a vacancy occurs prior to the first

10  primary election but on or after the first day set by law for

11  qualifying, the Secretary of State shall set dates for

12  qualifying for the unexpired portion of the term of such

13  office. Any person seeking nomination or election to the

14  unexpired portion of the term shall qualify within the time

15  set by the Secretary of State.  If time does not permit party

16  nominations to be made in conjunction with the first and

17  second primary election elections, the Governor may call a

18  special primary election, and, if necessary, a second special

19  primary election, to select party nominees for the unexpired

20  portion of such term.

21         (3)  Whenever there is a vacancy for which a special

22  election is required pursuant to s. 100.101(1)-(4), the

23  Governor, after consultation with the Secretary of State,

24  shall fix the date of a special first primary election, a

25  special second primary election, and a special election.

26  Nominees of political parties other than minor political

27  parties shall be chosen under the primary laws of this state

28  in the special primary election elections to become candidates

29  in the special election.  Prior to setting the special

30  election dates, the Governor shall consider any upcoming

31  elections in the jurisdiction where the special election will

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  1  be held.  The dates fixed by the Governor shall be specific

  2  days certain and shall not be established by the happening of

  3  a condition or stated in the alternative.  The dates fixed

  4  shall provide a minimum of 2 weeks between each election.  In

  5  the event a vacancy occurs in the office of state senator or

  6  member of the House of Representatives when the Legislature is

  7  in regular legislative session, the minimum times prescribed

  8  by this subsection may be waived upon concurrence of the

  9  Governor, the Speaker of the House of Representatives, and the

10  President of the Senate.  If a vacancy occurs in the office of

11  state senator and no session of the Legislature is scheduled

12  to be held prior to the next general election, the Governor

13  may fix the dates for the any special primary election and for

14  the special election to coincide with the dates of the first

15  and second primary election and the general election.  If a

16  vacancy in office occurs in any district in the state Senate

17  or House of Representatives or in any congressional district,

18  and no session of the Legislature, or session of Congress if

19  the vacancy is in a congressional district, is scheduled to be

20  held during the unexpired portion of the term, the Governor is

21  not required to call a special election to fill such vacancy.

22         (a)  The dates for candidates to qualify in such

23  special election or special primary election shall be fixed by

24  the Department of State, and candidates shall qualify not

25  later than noon of the last day so fixed.  The dates fixed for

26  qualifying shall allow a minimum of 14 days between the last

27  day of qualifying and the special first primary election.

28         (b)  The filing of campaign expense statements by

29  candidates in such special primary election elections or

30  special election primaries and by committees making

31  contributions or expenditures to influence the results of such

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  1  special primary election primaries or special election

  2  elections shall be not later than such dates as shall be fixed

  3  by the Department of State, and in fixing such dates the

  4  Department of State shall take into consideration and be

  5  governed by the practical time limitations.

  6         (c)  The dates for a candidate to qualify by the

  7  alternative method in such special primary election or special

  8  election shall be fixed by the Department of State.  In fixing

  9  such dates the Department of State shall take into

10  consideration and be governed by the practical time

11  limitations. Any candidate seeking to qualify by the

12  alternative method in a special primary election shall obtain

13  25 percent of the signatures required by s. 99.095, s.

14  99.0955, or s. 99.096, as applicable.

15         (d)  The qualifying fees and party assessments of such

16  candidates as may qualify shall be the same as collected for

17  the same office at the last previous primary for that office.

18  The party assessment shall be paid to the appropriate

19  executive committee of the political party to which the

20  candidate belongs.

21         (e)  Each county canvassing board shall make as speedy

22  a return of the results result of such special primary

23  election elections and special election primaries as time will

24  permit, and the Elections Canvassing Commission likewise shall

25  make as speedy a canvass and declaration of the nominees as

26  time will permit.

27         (4)(a)  In the event that death, resignation,

28  withdrawal, removal, or any other cause or event should cause

29  a party to have a vacancy in nomination which leaves no

30  candidate for an office from such party, the Governor shall,

31  after conferring with the Secretary of State, call a special

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  1  primary election and, if necessary, a second special primary

  2  election to select for such office a nominee of such political

  3  party.  The dates on which candidates may qualify for such

  4  special primary election shall be fixed by the Department of

  5  State, and the candidates shall qualify no later than noon of

  6  the last day so fixed. The filing of campaign expense

  7  statements by candidates in a special primary election

  8  primaries shall not be later than such dates as shall be fixed

  9  by the Department of State.  In fixing such dates, the

10  Department of State shall take into consideration and be

11  governed by the practical time limitations.  The qualifying

12  fees and party assessment of such candidates as may qualify

13  shall be the same as collected for the same office at the last

14  previous primary for that office.  Each county canvassing

15  board shall make as speedy a return of the results of such

16  special primary election primaries as time will permit, and

17  the Elections Canvassing Commission shall likewise make as

18  speedy a canvass and declaration of the nominees as time will

19  permit.

20         (5)  In the event of unforeseeable circumstances not

21  contemplated in these general election laws concerning the

22  calling and holding of a special primary election elections

23  and a special election elections resulting from court order or

24  other unpredictable circumstances, the Department of State

25  shall have the authority to provide for the conduct of orderly

26  elections.

27         Section 16.  Subsection (2) of section 100.141, Florida

28  Statutes, is amended to read:

29         100.141  Notice of special election to fill any vacancy

30  in office or nomination.--

31  

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  1         (2)  The Department of State shall prepare a notice

  2  stating what offices and vacancies are to be filled in the

  3  special election, the dates date set for the each special

  4  primary election and the special election, the dates fixed for

  5  qualifying for office, the dates fixed for qualifying by the

  6  alternative method, and the dates fixed for filing campaign

  7  expense statements.

  8         Section 17.  Subsection (6) of section 101.141, Florida

  9  Statutes, is amended to read:

10         101.141  Specifications for primary election

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

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

13  for tabulation by an electronic or electromechanical voting

14  system, the primary election ballot shall conform to the

15  following specifications:

16         (6)  Should the above directions for complete

17  preparation of the ballot be insufficient, the Department of

18  State shall determine and prescribe any additional matter or

19  form.  The Department of State shall, not less than 60 days

20  prior to the first primary election, mail to each supervisor

21  of elections the format of the ballot to be used for the

22  primary election.

23         Section 18.  Subsection (1) of section 101.251, Florida

24  Statutes, is amended to read:

25         101.251  Information which supervisor of elections must

26  print on ballots.--

27         (1)  The supervisor of elections of each county shall

28  print, on the general election ballots to be used in such

29  county, the names of candidates nominated by primary election

30  or special primary election elections or selected by the

31  appropriate executive committee of any political party.

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  1         Section 19.  Subsection (2) of section 101.252, Florida

  2  Statutes, is amended to read:

  3         101.252  Candidates entitled to have names printed on

  4  certain ballots; exception.--

  5         (2)  Any candidate for party executive committee member

  6  who has qualified as prescribed by law is entitled to have his

  7  or her name printed on the first primary election ballot.

  8  However, when there is only one candidate of any political

  9  party qualified for such an office, the name of the candidate

10  shall not be printed on the first primary election ballot, and

11  such candidate shall be declared elected to the state or

12  county executive committee.

13         Section 20.  Paragraph (a) of subsection (4) and

14  subsection (7) of section 101.62, Florida Statutes, are

15  amended to read:

16         101.62  Request for absentee ballots.--

17         (4)(a)  To each absent qualified elector overseas who

18  has requested an absentee ballot, the supervisor of elections

19  shall, not fewer than 35 days before the first primary

20  election and not fewer than 45 days before the general

21  election, mail an absentee ballot. Not fewer than 45 days

22  before the second primary and general election, the supervisor

23  of elections shall mail an advance absentee ballot to those

24  persons requesting ballots for such elections.  The advance

25  absentee ballot for the second primary shall be the same as

26  the first primary absentee ballot as to the names of

27  candidates, except that for any offices where there are only

28  two candidates, those offices and all political party

29  executive committee offices shall be omitted.  Except as

30  provided in s. 99.063(4), the advance absentee ballot for the

31  general election shall be as specified in s. 101.151, except

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  1  that in the case of candidates of political parties where

  2  nominations were not made in the first primary, the names of

  3  the candidates placing first and second in the first primary

  4  election shall be printed on the advance absentee ballot. The

  5  advance absentee ballot or advance absentee ballot information

  6  booklet shall be of a different color for each election and

  7  also a different color from the absentee ballots for the first

  8  primary, second primary, and general election.  The supervisor

  9  shall mail an advance absentee ballot for the second primary

10  and general election to each qualified absent elector for whom

11  a request is received until the absentee ballots are printed.

12  The supervisor shall enclose with the advance second primary

13  absentee ballot and advance general election absentee ballot

14  an explanation stating that the absentee ballot for the

15  election will be mailed as soon as it is printed; and, if both

16  the advance absentee ballot and the absentee ballot for the

17  election are returned in time to be counted, only the absentee

18  ballot will be counted.

19         (7)(a)  For the purposes of this section, "absent

20  qualified elector overseas" means:

21         (a)1.  Members of the Armed Forces while in the active

22  service who are permanent residents of the state and are

23  temporarily residing outside the territorial limits of the

24  United States and the District of Columbia;

25         (b)2.  Members of the Merchant Marine of the United

26  States who are permanent residents of the state and are

27  temporarily residing outside the territorial limits of the

28  United States and the District of Columbia; and

29         (c)3.  Other citizens of the United States who are

30  permanent residents of the state and are temporarily residing

31  

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  1  outside the territorial limits of the United States and the

  2  District of Columbia,

  3  

  4  who are qualified and registered as provided by law.

  5         (8)(b)  Notwithstanding any other provision of law to

  6  the contrary, there shall appear on the ballots sent to absent

  7  qualified electors overseas, in addition to the names of the

  8  candidates for each office, the political party affiliation of

  9  each candidate for each office, other than a nonpartisan

10  office.

11         (c)  With respect to marked ballots mailed by absent

12  qualified electors overseas, only those ballots mailed with an

13  APO, FPO, or foreign postmark shall be considered valid.

14         Section 21.  Subsection (8) of section 102.012, Florida

15  Statutes, is amended to read:

16         102.012  Inspectors and clerks to conduct elections.--

17         (8)  The supervisor of elections shall conduct training

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

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

20  of instructing such persons in their duties and

21  responsibilities as election officials.  A certificate may be

22  issued by the supervisor of elections to each person

23  completing such training. No person shall serve as an

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

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

26  who has attended previous training conducted within 2 years of

27  the election may be appointed by the supervisor to fill a

28  vacancy on election day.  If no person with prior training is

29  available to fill such vacancy, the supervisor of elections

30  may fill such vacancy in accordance with the provisions of

31  

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  1  subsection (9) from among persons who have not received the

  2  training required by this section.

  3         Section 22.  Subsection (3) and paragraph (b) of

  4  subsection (4) of section 103.021, Florida Statutes, are

  5  amended to read:

  6         103.021  Nomination for presidential

  7  electors.--Candidates for presidential electors shall be

  8  nominated in the following manner:

  9         (3)  Candidates for President and Vice President with

10  no party affiliation may have their names printed on the

11  general election ballots if a petition is signed by 1 percent

12  of the registered electors of this state, as shown by the

13  compilation by the Department of State for the last preceding

14  general election.  A separate petition from each county for

15  which signatures are solicited shall be submitted to the

16  supervisor of elections of the respective county no later than

17  July 15 of each presidential election year. The supervisor

18  shall check the names and, on or before the date of the first

19  primary election, shall certify the number shown as registered

20  electors of the county. The supervisor shall be paid by the

21  person requesting the certification the cost of checking the

22  petitions as prescribed in s. 99.097.  The supervisor shall

23  then forward the certificate to the Department of State which

24  shall determine whether or not the percentage factor required

25  in this section has been met.  When the percentage factor

26  required in this section has been met, the Department of State

27  shall order the names of the candidates for whom the petition

28  was circulated to be included on the ballot and shall permit

29  the required number of persons to be certified as electors in

30  the same manner as party candidates.

31         (4)

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  1         (b)  A minor party that is not affiliated with a

  2  national party holding a national convention to nominate

  3  candidates for President and Vice President of the United

  4  States may have the names of its candidates for President and

  5  Vice President printed on the general election ballot if a

  6  petition is signed by 1 percent of the registered electors of

  7  this state, as shown by the compilation by the Department of

  8  State for the preceding general election.  A separate petition

  9  from each county for which signatures are solicited shall be

10  submitted to the supervisors of elections of the respective

11  county no later than July 15 of each presidential election

12  year.  The supervisor shall check the names and, on or before

13  the date of the first primary election, shall certify the

14  number shown as registered electors of the county. The

15  supervisor shall be paid by the person requesting the

16  certification the cost of checking the petitions as prescribed

17  in s. 99.097.  The supervisor shall then forward the

18  certificate to the Department of State, which shall determine

19  whether or not the percentage factor required in this section

20  has been met.  When the percentage factor required in this

21  section has been met, the Department of State shall order the

22  names of the candidates for whom the petition was circulated

23  to be included on the ballot and shall permit the required

24  number of persons to be certified as electors in the same

25  manner as other party candidates.

26         Section 23.  Section 103.022, Florida Statutes, is

27  amended to read:

28         103.022  Write-in candidates for President and Vice

29  President.--Persons seeking to qualify for election as

30  write-in candidates for President and Vice President of the

31  United States may have a blank space provided on the general

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  1  election ballot for their names to be written in by filing an

  2  oath with the Department of State at any time after the 57th

  3  day, but before noon of the 49th day, prior to the date of the

  4  first primary election in the year in which a presidential

  5  election is held. The Department of State shall prescribe the

  6  form to be used in administering the oath.  The candidates

  7  shall file with the department a certificate naming the

  8  required number of persons to serve as electors.  Such

  9  write-in candidates shall not be entitled to have their names

10  on the ballot.

11         Section 24.  Subsection (4) of section 103.091, Florida

12  Statutes, is amended to read:

13         103.091  Political parties.--

14         (4)  Any political party other than a minor political

15  party may by rule provide for the membership of its state or

16  county executive committee to be elected for 4-year terms at

17  the first primary election in each year a presidential

18  election is held.  The terms shall commence on the first day

19  of the month following each presidential general election; but

20  the names of candidates for political party offices shall not

21  be placed on the ballot at any other election.  The results of

22  such election shall be determined by a plurality of the votes

23  cast.  In such event, electors seeking to qualify for such

24  office shall do so with the Department of State or supervisor

25  of elections not earlier than noon of the 57th day, or later

26  than noon of the 53rd day, preceding the first primary

27  election.  The outgoing chair of each county executive

28  committee shall, within 30 days after the committee members

29  take office, hold an organizational meeting of all newly

30  elected members for the purpose of electing officers.  The

31  chair of each state executive committee shall, within 60 days

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  1  after the committee members take office, hold an

  2  organizational meeting of all newly elected members for the

  3  purpose of electing officers.

  4         Section 25.  Subsection (1) of section 105.031, Florida

  5  Statutes, is amended to read:

  6         105.031  Qualification; filing fee; candidate's oath;

  7  items required to be filed.--

  8         (1)  TIME OF QUALIFYING.--Except for candidates for

  9  judicial office, nonpartisan candidates for multicounty office

10  shall qualify with the Division of Elections of the Department

11  of State and nonpartisan candidates for countywide or less

12  than countywide office shall qualify with the supervisor of

13  elections. Candidates for judicial office other than the

14  office of county court judge shall qualify with the Division

15  of Elections of the Department of State, and candidates for

16  the office of county court judge shall qualify with the

17  supervisor of elections of the county.  Candidates shall

18  qualify no earlier than noon of the 50th day, and no later

19  than noon of the 46th day, before the first primary election.

20  Filing shall be on forms provided for that purpose by the

21  Division of Elections and furnished by the appropriate

22  qualifying officer. Any person seeking to qualify by the

23  alternative method, as set forth in s. 105.035, if the person

24  has submitted the necessary petitions by the required deadline

25  and is notified after the fifth day prior to the last day for

26  qualifying that the required number of signatures has been

27  obtained, shall be entitled to subscribe to the candidate's

28  oath and file the qualifying papers at any time within 5 days

29  from the date he or she is notified that the necessary number

30  of signatures has been obtained.  Any person other than a

31  write-in candidate who qualifies within the time prescribed in

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  1  this subsection shall be entitled to have his or her name

  2  printed on the ballot.

  3         Section 26.  Subsection (1) and paragraph (b) of

  4  subsection (2) of section 105.041, Florida Statutes, are

  5  amended to read:

  6         105.041  Form of ballot.--

  7         (1)  BALLOTS.--The names of candidates for judicial

  8  office and candidates for the office of school board member

  9  which appear on the ballot at the first primary election shall

10  either be grouped together on a separate portion of the ballot

11  or on a separate ballot.  The names of candidates for election

12  to judicial office and candidates for the office of school

13  board member which appear on the ballot at the general

14  election and the names of justices and judges seeking

15  retention to office shall be grouped together on a separate

16  portion of the general election ballot.

17         (2)  LISTING OF CANDIDATES.--

18         (b)1.  The names of candidates for the office of

19  circuit judge shall be listed on the first primary election

20  ballot in the order determined by lot conducted by the

21  director of the Division of Elections of the Department of

22  State after the close of the qualifying period.

23         2.  Candidates who have secured a position on the

24  general election ballot, after having survived elimination at

25  the first primary election, shall have their names listed in

26  the same order as on the first primary election ballot,

27  notwithstanding the elimination of any intervening names as a

28  result of the first primary election.

29         Section 27.  Paragraph (b) of subsection (1) of section

30  105.051, Florida Statutes, is amended to read:

31  

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  1         105.051  Determination of election or retention to

  2  office.--

  3         (1)  ELECTION.--In circuits and counties holding

  4  elections:

  5         (b)  If two or more candidates, neither of whom is a

  6  write-in candidate, qualify for such an office, the names of

  7  those candidates shall be placed on the ballot at the first

  8  primary election.  If any candidate for such office receives a

  9  majority of the votes cast for such office in the first

10  primary election, the name of the candidate who receives such

11  majority shall not appear on any other ballot unless a

12  write-in candidate has qualified for such office.  An

13  unopposed candidate shall be deemed to have voted for himself

14  or herself at the general election.  If no candidate for such

15  office receives a majority of the votes cast for such office

16  in the first primary election, the names of the two candidates

17  receiving the highest number of votes for such office shall be

18  placed on the general election ballot.  If more than two

19  candidates receive an equal and highest number of votes, the

20  name of each candidate receiving an equal and highest number

21  of votes shall be placed on the general election ballot.  In

22  any contest in which there is a tie for second place and the

23  candidate placing first did not receive a majority of the

24  votes cast for such office, the name of the candidate placing

25  first and the name of each candidate tying for second shall be

26  placed on the general election ballot.

27         Section 28.  Paragraphs (a) and (b) of subsection (1)

28  of section 106.07, Florida Statutes, are amended to read:

29         106.07  Reports; certification and filing.--

30         (1)  Each campaign treasurer designated by a candidate

31  or political committee pursuant to s. 106.021 shall file

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  1  regular reports of all contributions received, and all

  2  expenditures made, by or on behalf of such candidate or

  3  political committee.  Reports shall be filed on the 10th day

  4  following the end of each calendar quarter from the time the

  5  campaign treasurer is appointed, except that, if the 10th day

  6  following the end of a calendar quarter occurs on a Saturday,

  7  Sunday, or legal holiday, the report shall be filed on the

  8  next following day which is not a Saturday, Sunday, or legal

  9  holiday.  Quarterly reports shall include all contributions

10  received and expenditures made during the calendar quarter

11  which have not otherwise been reported pursuant to this

12  section.

13         (a)  Except as provided in paragraph (b), following the

14  last day of qualifying for office, the reports shall be filed

15  on the 32nd, 18th, and 4th days immediately preceding the

16  first primary election and on the 18th and 4th days

17  immediately preceding the second primary and general election,

18  for a candidate who is opposed in seeking nomination or

19  election to any office, for a political committee, or for a

20  committee of continuous existence.

21         (b)  Following the last day of qualifying for office,

22  any statewide candidate who has requested to receive

23  contributions from the Election Campaign Financing Trust Fund

24  or any statewide candidate in a race with a candidate who has

25  requested to receive contributions from the trust fund shall

26  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

27  to the first primary and general elections, and on the 4th,

28  11th, 18th, and 25th days prior to the second primary.

29         Section 29.  Subsection (1) of section 106.08, Florida

30  Statutes, is amended to read:

31         106.08  Contributions; limitations on.--

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  1         (1)(a)  Except for political parties, no person,

  2  political committee, or committee of continuous existence may,

  3  in any election, make contributions in excess of $1,500 $500

  4  to any candidate for election to or retention in office or to

  5  any political committee supporting or opposing one or more

  6  candidates. Candidates for the offices of Governor and

  7  Lieutenant Governor on the same ticket are considered a single

  8  candidate for the purpose of this section.

  9         (b)1.  The contribution limits provided in this

10  subsection do not apply to contributions made by a state or

11  county executive committee of a political party regulated by

12  chapter 103 or to amounts contributed by a candidate to his or

13  her own campaign.

14         2.  Notwithstanding the limits provided in this

15  subsection, an unemancipated child under the age of 18 years

16  of age may not make a contribution in excess of $100 to any

17  candidate or to any political committee supporting one or more

18  candidates.

19         (c)  The contribution limits of this subsection apply

20  to each election. For purposes of this subsection, the first

21  primary election, second primary, and the general election are

22  separate elections so long as the candidate is not an

23  unopposed candidate as defined in s. 106.011(15).  However,

24  for the purpose of contribution limits with respect to

25  candidates for retention as a justice or judge, there is only

26  one election, which is the general election. With respect to

27  candidates in a circuit holding an election for circuit judge

28  or in a county holding an election for county court judge,

29  there are only two elections, which are the first primary

30  election and general election.

31  

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  1         Section 30.  Subsection (1) of section 106.29, Florida

  2  Statutes, is amended to read:

  3         106.29  Reports by political parties; restrictions on

  4  contributions and expenditures; penalties.--

  5         (1)  The state executive committee and each county

  6  executive committee of each political party regulated by

  7  chapter 103 shall file regular reports of all contributions

  8  received and all expenditures made by such committee.  Such

  9  reports shall contain the same information as do reports

10  required of candidates by s. 106.07 and shall be filed on the

11  10th day following the end of each calendar quarter, except

12  that, during the period from the last day for candidate

13  qualifying until the general election, such reports shall be

14  filed on the Friday immediately preceding both the first

15  primary election, the second primary election, and the general

16  election.  Each state executive committee shall file the

17  original and one copy of its reports with the Division of

18  Elections.  Each county executive committee shall file its

19  reports with the supervisor of elections in the county in

20  which such committee exists.  Any state or county executive

21  committee failing to file a report on the designated due date

22  shall be subject to a fine as provided in subsection (3).  No

23  separate fine shall be assessed for failure to file a copy of

24  any report required by this section.

25         Section 31.  Section 98.0977, Florida Statutes, is

26  created to read:

27         98.0977  Statewide voter registration database.--

28         (1)  The department, in collaboration with the State

29  Technology Office, shall develop a statewide voter

30  registration database, to be administered by the division.

31  

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  1         (2)  The copyright to the database shall be held by the

  2  department according to the rights provided in s. 119.084.

  3         (3)  In administering the database, the division shall

  4  compare registration information provided by a voter with

  5  information held by the Department of Law Enforcement, the

  6  Board of Executive Clemency, and the Office of Vital

  7  Statistics.  If the division finds information that suggests

  8  that a voter is ineligible to register to vote, the division

  9  shall notify the voter by certified U.S. mail.  The

10  notification shall contain a statement as to the reason for

11  the voter's potential ineligibility to register to vote and

12  shall request information from the voter on forms provided by

13  the division in order to make a final determination on the

14  voter's eligibility.  After reviewing the information

15  requested by the division and provided by the voter, if the

16  division determines that the voter is not eligible to vote

17  under the laws of this state, the division shall notify the

18  voter by certified U.S. mail that he or she has been found

19  ineligible to register to vote in this state, shall state the

20  reason for the ineligibility, and shall inform the voter that

21  he or she will be removed from the voter registration rolls.

22  The division shall also notify the appropriate supervisor of

23  elections, directing him or her to remove the voter from the

24  county voter registration rolls.

25         Section 32.  (1)  The statewide voter registration

26  database, created pursuant to s. 98.0977, Florida Statutes, by

27  this act, shall be operational by June 1, 2002.

28         (2)  Funding for the design and implementation of the

29  statewide voter registration database shall be as provided for

30  in the General Appropriations Act.

31  

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  1         Section 33.  Section 98.0979, Florida Statutes, is

  2  created to read:

  3         98.0979  Statewide voter registration database open to

  4  inspection; copies.--

  5         (1)(a)  The voter registration information of the state

  6  constitutes public records. Any citizen shall be allowed to

  7  examine the voter registration records, but may not make any

  8  copies or extract therefrom except as provided by this

  9  section.

10         (b)  Within 15 days after a request for voter

11  registration information, the division shall furnish any

12  requested information, excluding only a voter's signature,

13  social security number, and such other information that is by

14  statute specifically made confidential or is exempt from

15  public records requirements.

16         (c)  Actual costs of duplication of information

17  authorized by this section for release to the public shall be

18  charged in accordance with the provisions of s. 119.07.

19         (2)  The information provided by the division pursuant

20  to this section shall be furnished only to:

21         (a)  Municipalities;

22         (b)  Other governmental agencies;

23         (c)  Political candidates, for the purpose of

24  furthering their candidacies;

25         (d)  Registered political committees, certified

26  committees of continuous existence, and political parties or

27  officials thereof, for political purposes only; and

28         (e)  Incumbent officeholders, for the purpose of

29  reporting to their constituents.

30         (3)  Such information shall not be used for commercial

31  purposes. No person to whom a list of registered voters is

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  1  made available pursuant to this section, and no person who

  2  acquires such a list, shall use any information contained

  3  therein for purposes which are not related to elections,

  4  political or governmental activities, voter registration, or

  5  law enforcement.

  6         (4)  Any person who acquires a list of registered

  7  voters from the division shall take and subscribe to an oath

  8  which shall be in substantially the following form:

  9  

10         I hereby swear (or affirm) that I am a person

11  authorized by s. 98.0979, Florida Statutes, to acquire

12  information on the registered voters of Florida; that the

13  information acquired will be used only for the purposes

14  prescribed in that section and for no other purpose; and that

15  I will not permit the use or copying of such information by

16  persons not authorized by the Election Code of the State of

17  Florida.

18  

19                      ...(Signature of person acquiring list)...

20  

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

22  ...(year)....

23  ...(Name of person providing list)...

24         Section 34.  Section 101.048, Florida Statutes, is

25  created to read:

26         101.048  Provisional ballots.--

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

28  registered in the county and eligible to vote in the election,

29  but whose eligibility cannot be determined, shall be entitled

30  to vote a provisional ballot. Once voted, the provisional

31  ballot shall be placed in a secrecy envelope and thereafter

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  1  sealed in a provisional ballot envelope. The provisional

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

  3  ballots shall remain sealed in their envelopes for return to

  4  the supervisor of elections.

  5         (2)(a)  The county canvassing board shall examine each

  6  provisional ballot to determine if the person voting that

  7  ballot was entitled to vote in the election and that the

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

  9         (b)1.  If it is determined that the person was

10  registered and entitled to vote, the canvassing board shall

11  compare the signature on the provisional ballot envelope with

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

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

14  is otherwise entitled to vote shall not be rejected because

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

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

17  the ballot to which he or she was entitled, the canvassing

18  board shall duplicate the ballot for races for which the voter

19  was entitled to vote in his or her legal precinct and shall

20  count the races for which the voter was entitled to vote.

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

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

23  provisional ballot shall not be counted and the ballot shall

24  remain in the envelope containing the Provisional Ballot

25  Voter's Certificate and the envelope marked "Rejected as

26  Illegal."

27         (3)  The Provisional Ballot Voter's Certificate shall

28  be in substantially the following form:

29  

30  STATE OF FLORIDA

31  COUNTY OF ....

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  1  

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

  3  that my date of birth is ....; that I am registered to vote

  4  and at the time I registered I resided at ...., in the

  5  municipality of ...., in .... County, Florida; that I am a

  6  qualified voter of the county and have not voted in this

  7  election.

  8                                      ...(Signature of Voter)...

  9                                         ...(Current Address)...

10  

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

12  ...(year)....

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

14  

15  Additional information may be provided to further assist the

16  supervisor of elections in determining eligibility. If known,

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

18  

19         (4)  In counties where the voting system does not

20  utilize a paper ballot, the supervisor of elections shall

21  provide the appropriate provisional ballots to each polling

22  place.

23         Section 35.  Subsections (2) and (3) of section

24  101.045, Florida Statutes, are amended to read:

25         101.045  Electors must be registered in precinct;

26  provisions for residence or name change.--

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

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

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

30  her legal residence, provided such elector completes an

31  affirmation in substantially the following form:

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  1  

  2             Change of Legal Residence of Registered

  3                              Voter

  4  

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

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

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

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

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

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

11  registration in this election; that I now reside at

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

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

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

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

16  registered and entitled to vote.

17  

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

19  changed)...

20  

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

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

23  elector completes an affirmation in substantially the

24  following form:

25  

26                   Change of Name of Registered

27                              Voter

28  

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

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

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

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  1  address of legal residence appear on the registration books of

  2  precinct .... as follows:

  3  Name..........................................................

  4  Address.......................................................

  5  Municipality..................................................

  6  County........................................................

  7  Florida, Zip..................................................

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

  9  Name..........................................................

10  Address.......................................................

11  Municipality..................................................

12  County........................................................

13  Florida, Zip..................................................

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

15  registered and entitled to vote.

16  

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

18  

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

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

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

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

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

24  shall be entitled to vote a provisional ballot subject to the

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

26  affirmation certifying a change in address of legal residence

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

28  necessary changes in the registration records of the county to

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

30  such elector.

31  

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  1         (d)  Instead of the affirmation contained in paragraph

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

  3  registration application that indicates the change of name or

  4  change of address of legal residence.

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

  6  101.62 which indicates that the elector has had a change of

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

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

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

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

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

12  the supervisor shall provide the elector with the proper

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

14  her legal residence.

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

16  registration books of the election precinct in which the

17  elector is registered and when the elector cannot present a

18  valid registration identification card, the elector may have

19  his or her name restored if the supervisor is otherwise

20  satisfied that the elector is validly registered, that the

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

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

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

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

25  vote and shall thereafter issue a duplicate registration

26  identification card.

27         Section 36.  Subsections (1), (2), and (8) of section

28  101.5614, Florida Statutes, are amended to read:

29         101.5614  Canvass of returns.--

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

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

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

  2  against further voting. The election board shall thereafter

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

  4  desiring to witness the proceedings and count the number of

  5  voted ballots, unused ballots, provisional ballots, and

  6  spoiled ballots to ascertain whether such number corresponds

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

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

  9  county canvassing board with the reasons therefor if known.

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

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

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

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

14  board shall touch any ballot or ballot container or interfere

15  with or obstruct the orderly count of the ballots.

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

17  the supervisor may direct the election board to keep the

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

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

20  count the stubs removed from the ballots to determine the

21  number of voted ballots.

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

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

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

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

26  container or containers provided for this purpose, which shall

27  be sealed and delivered forthwith to the central or regional

28  counting location or other designated location by two

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

30  political party.  The election board shall certify that the

31  ballots were placed in such container or containers and each

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  1  container was sealed in its presence and under its

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

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

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

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

  6  Department of State, which rules shall provide safeguards

  7  which conform as nearly as practicable to the safeguards

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

  9  central location.

10         (8)  The return printed by the automatic tabulating

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

12  absentee, and manually counted votes and votes from

13  provisional ballots, shall constitute the official return of

14  the election.  Upon completion of the count, the returns shall

15  be open to the public.  A copy of the returns may be posted at

16  the central counting place or at the office of the supervisor

17  of elections in lieu of the posting of returns at individual

18  precincts.

19         Section 37.  Section 101.69, Florida Statutes, is

20  amended to read:

21         101.69  Voting in person; return of absentee

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

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

24  precinct on the day of an election notwithstanding that the

25  elector has requested an absentee ballot for that election.

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

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

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

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

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

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

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

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

  3  then vote at the precinct.

  4         Section 38.  Subsection (1) of section 102.111, Florida

  5  Statutes, is amended to read:

  6         102.111  Elections Canvassing Commission.--

  7         (1)  Immediately after certification of any election by

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

  9  the Department of State concerning the election of any federal

10  or state officer. The Elections Canvassing Commission shall

11  consist of the Governor and two members of the Cabinet as

12  determined by the Governor, the Secretary of State, and the

13  Director of the Division of Elections shall be the Elections

14  Canvassing Commission. The Elections Canvassing Commission

15  shall, as soon as the official results are compiled from all

16  counties, certify the returns of the election and determine

17  and declare who has been elected for each office. In the event

18  that the Governor is recused, or any other member of the

19  commission cannot serve, the Governor shall fill the vacancy

20  following the same procedure for appointment to the

21  commission. If no other Cabinet members are available to

22  serve, the Governor shall choose a registered voter to replace

23  the member any member of the Elections Canvassing Commission

24  is unavailable to certify the returns of any election, such

25  member shall be replaced by a substitute member of the Cabinet

26  as determined by the Director of the Division of Elections. If

27  the county returns are not received by the Department of State

28  by 5 p.m. of the seventh day following an election, all

29  missing counties shall be ignored, and the results shown by

30  the returns on file shall be certified.

31  

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  1         Section 39.  Section 102.112, Florida Statutes, is

  2  amended to read:

  3         102.112  Deadline for submission of county returns to

  4  the Department of State; penalties.--

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

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

  7  state officer with the Department of State immediately after

  8  certification of the election results.

  9         (2)  Returns must be filed by 5 p.m. on the 7th day

10  following the first primary election and by 5 p.m. on the 11th

11  day following the and general election and by 3 p.m. on the

12  3rd day following the second primary.

13         (3)  If the returns are not received by the department

14  by the time specified, such returns shall may be ignored and

15  the results on file at that time shall may be certified by the

16  department.

17         (4)  If the returns are not received by the department

18  due to an emergency, as defined in s. 101.732, the Elections

19  Canvassing Commission shall determine the deadline by which

20  the returns must be received.

21         (2)  The department shall fine each board member $200

22  for each day such returns are late, the fine to be paid only

23  from the board member's personal funds. Such fines shall be

24  deposited into the Election Campaign Financing Trust Fund,

25  created by s. 106.32.

26         (3)  Members of the county canvassing board may appeal

27  such fines to the Florida Elections Commission, which shall

28  adopt rules for such appeals.

29         Section 40.  Subsection (4) of section 102.141, Florida

30  Statutes, is amended to read:

31         102.141  County canvassing board; duties.--

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  1         (4)(a)  If the returns for any office reflect that a

  2  candidate was defeated or eliminated by one-half of a percent

  3  or less of the votes cast for such office, that a candidate

  4  for retention to a judicial office was retained or not

  5  retained by one-half of a percent or less of the votes cast on

  6  the question of retention, or that a measure appearing on the

  7  ballot was approved or rejected by one-half of a percent or

  8  less of the votes cast on such measure, each county canvassing

  9  the board responsible for certifying the results of the vote

10  on such race or measure shall order a machine recount of the

11  votes cast with respect to such office or measure. A recount

12  need not be ordered with respect to the returns for any

13  office, however, if the candidate or candidates defeated or

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

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

16  writing that a recount not be made. Each canvassing board

17  responsible for conducting a machine recount shall recount the

18  ballots with the vote tabulation system examine the counters

19  on the machines or the tabulation of the ballots cast in each

20  precinct in which the office or issue appeared on the ballot

21  and determine whether the returns correctly reflect the votes

22  cast. If there is a discrepancy between the returns and the

23  counters of the machines or the tabulation of the ballots

24  cast, the counters of such machines or the tabulation of the

25  ballots cast shall be presumed correct and such votes shall be

26  canvassed accordingly.

27         (b)  If, after conducting a machine recount under

28  paragraph (a), the returns for any office reflect that a

29  candidate was defeated or eliminated by one-quarter of a

30  percent or less of the votes cast for such office, that a

31  candidate for retention to a judicial office was retained or

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  1  not retained by one-quarter of a percent or less of the votes

  2  cast on the question of retention, or that a measure appearing

  3  on the ballot was approved or rejected by one-quarter of a

  4  percent or less of the votes cast on such measure, each county

  5  canvassing board responsible for certifying the results of the

  6  vote on such race or measure shall order a manual recount of

  7  the votes cast with respect to such office or measure that

  8  were not counted by an otherwise properly functioning vote

  9  tabulation system. Manual recounts shall be conducted by the

10  county canvassing boards using the procedures described in s.

11  102.166. Upon completion of its manual recount, each county

12  canvassing board shall certify the returns for the applicable

13  office or measure.

14         Section 41.  Section 102.166, Florida Statutes, is

15  amended to read:

16         102.166  Protest of election returns; procedure.--

17         (1)(a)  Any candidate for nomination or election to a

18  federal, state, or multicounty district office, or any elector

19  qualified to vote in the election related to such candidacy,

20  shall have the right to protest the returns of the election as

21  being erroneous by filing with the Elections Canvassing

22  Commission appropriate canvassing board a sworn, written

23  protest.

24         (b)(2)  Such protest shall be filed with the Elections

25  Canvassing Commission canvassing board prior to the time the

26  Elections Canvassing Commission canvassing board certifies the

27  results for the office being protested or within 72 hours 5

28  days after the close of the polls in that election midnight of

29  the date the election is held, whichever occurs later.

30         (3)  Before canvassing the returns of the election, the

31  canvassing board shall:

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  1         (a)  When paper ballots are used, examine the

  2  tabulation of the paper ballots cast.

  3         (b)  When voting machines are used, examine the

  4  counters on the machines of nonprinter machines or the

  5  printer-pac on printer machines. If there is a discrepancy

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

  7  printer-pac, the counters of such machines or the printer-pac

  8  shall be presumed correct.

  9         (c)  Upon receipt of a sworn, written protest, the

10  Elections Canvassing Commission shall direct each county

11  canvassing board within the geographic jurisdiction of the

12  office or ballot measure to When electronic or

13  electromechanical equipment is used, the canvassing board

14  shall examine precinct records and election returns. If there

15  is a clerical error, such error shall be corrected by the

16  county canvassing board. If there is a discrepancy that which

17  could affect the outcome of an election, the Elections

18  Canvassing Commission may direct each county canvassing board

19  to may recount the ballots on the automatic tabulating

20  equipment.

21         (d)1.(4)(a)  Upon completion of a machine recount

22  ordered by the Elections Canvassing Commission pursuant to

23  paragraph (c), any candidate for federal, state, or

24  multicounty district office whose name appeared on the ballot

25  or, any political committee that supports or opposes a

26  statewide or multicounty an issue that which appeared on the

27  ballot, or any political party whose candidates' names

28  appeared on the ballot may file a written request with the

29  Elections Canvassing Commission county canvassing board for a

30  manual recount of the votes cast with respect to such office

31  or measure that were not counted by an otherwise properly

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  1  functioning vote tabulation system. The written request shall

  2  contain a statement of the reason the manual recount is being

  3  requested.

  4         2.(b)  Such request must be filed with the Elections

  5  Canvassing Commission canvassing board prior to the time the

  6  canvassing board certifies the results for the office being

  7  protested or within 72 hours after completion of the machine

  8  recount ordered by the Elections Canvassing Commission

  9  pursuant to paragraph (c) midnight of the date the election

10  was held, whichever occurs later.

11         3.(c)  Based on its evaluation of the validity of the

12  reasons stated in the written request, the Elections

13  Canvassing Commission county canvassing board may authorize a

14  manual recount of those ballots not counted by the voting

15  equipment during the machine recount. If a manual recount is

16  authorized, the Elections Canvassing Commission shall direct

17  each county canvassing board within the geographic

18  jurisdiction of the office or ballot measure to manually

19  recount all ballots not previously counted by an otherwise

20  properly functioning vote tabulation system, using standards

21  for determining voter intent developed and published by the

22  Division of Elections. If a manual recount is authorized, the

23  Elections Canvassing Commission county canvassing board shall

24  make a reasonable effort to notify each candidate whose race

25  is being recounted of the time and place of such recount.

26         (d)  The manual recount must include at least three

27  precincts and at least 1 percent of the total votes cast for

28  such candidate or issue. In the event there are less than

29  three precincts involved in the election, all precincts shall

30  be counted. The person who requested the recount shall choose

31  three precincts to be recounted, and, if other precincts are

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  1  recounted, the county canvassing board shall select the

  2  additional precincts.

  3         (5)  If the manual recount indicates an error in the

  4  vote tabulation which could affect the outcome of the

  5  election, the county canvassing board shall:

  6         (a)  Correct the error and recount the remaining

  7  precincts with the vote tabulation system;

  8         (b)  Request the Department of State to verify the

  9  tabulation software; or

10         (c)  Manually recount all ballots.

11         (2)(a)  Any candidate for nomination or election to a

12  county office, municipal office, or district office not

13  covered by paragraph (1)(a), or any elector qualified to vote

14  in the election related to such candidacy, shall have the

15  right to protest the returns of the election as being

16  erroneous by filing with the appropriate county canvassing

17  board a sworn, written protest.

18         (b)  Such protest shall be filed with the county

19  canvassing board prior to the time the canvassing board

20  certifies the results for the office being protested or within

21  72 hours after the close of the polls in that election,

22  whichever occurs later.

23         (c)  Upon receipt of a sworn, written protest, the

24  county canvassing board shall:

25         1.  When paper ballots are used, examine the tabulation

26  of the paper ballots cast.

27         2.  When voting machines are used, examine the counters

28  on the machines of nonprinter machines or the printer-pac on

29  printer machines.  If there is a discrepancy between the

30  returns and the counters of the machines or the printer-pac,

31  

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  1  the counters of such machines or the printer-pac shall be

  2  presumed correct.

  3         3.  When electronic or electromechanical equipment is

  4  used, examine precinct records and election returns.  If there

  5  is a clerical error, such error shall be corrected by the

  6  county canvassing board.  If there is a discrepancy that could

  7  affect the outcome of an election, the canvassing board may

  8  recount the ballots on the automatic tabulating equipment.

  9         (d)1.  Upon completion of a machine recount ordered by

10  a county canvassing board pursuant to subparagraph (c)3., any

11  candidate not covered by paragraph (1)(d) whose name appeared

12  on the ballot or any political committee that supports or

13  opposes an issue not covered by paragraph (1)(d) which

14  appeared on the ballot may file a written request with the

15  county canvassing board for a manual recount of the votes cast

16  with respect to such office or measure that were not counted

17  by an otherwise properly functioning vote tabulation system.

18  The written request shall contain a statement of the reason

19  the manual recount is being requested.

20         2.  Such request must be filed with the canvassing

21  board within 72 hours after the completion of the machine

22  recount ordered pursuant to subparagraph (c)3.

23         3.  Based on its evaluation of the validity of the

24  reasons stated in the written request, the county canvassing

25  board may authorize a manual recount of those ballots not

26  counted by the voting equipment during the machine recount. If

27  a manual recount is authorized, the county canvassing board

28  shall manually recount all ballots not previously counted by

29  an otherwise properly functioning vote tabulation system,

30  using standards for determining voter intent developed and

31  published by the Division of Elections. If a manual recount is

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  1  authorized, the county canvassing board shall make a

  2  reasonable effort to notify each candidate whose race is being

  3  recounted of the time and place of such recount.

  4         (3)(6)  Any manual recount shall be open to the public.

  5         (4)(7)  Procedures for a manual recount are as follows:

  6         (a)  The county canvassing board shall appoint as many

  7  counting teams of at least two electors as is necessary to

  8  manually recount the ballots. A counting team must have, when

  9  possible, members of at least two political parties. A

10  candidate involved in the race shall not be a member of the

11  counting team.

12         (b)  If a counting team is unable to determine a

13  voter's intent in casting a ballot, using the standards for

14  determining voter intent developed and published by the

15  Division of Elections, the ballot shall be presented to the

16  county canvassing board for it to determine the voter's

17  intent. If the county canvassing board is unable to determine

18  a voter's intent in casting a ballot using the standards for

19  determining voter intent developed and published by the

20  Division of Elections, the ballot shall not be counted in the

21  official canvass.

22         (5)(8)  If the county canvassing board determines the

23  need to verify the tabulation software, the county canvassing

24  board shall request in writing that the Department of State

25  verify the software.

26         (6)(9)  When the Department of State verifies such

27  software, the department shall:

28         (a)  Compare the software used to tabulate the votes

29  with the software filed with the Department of State pursuant

30  to s. 101.5607; and

31         (b)  Check the election parameters.

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  1         (7)(10)  The Department of State shall respond to the

  2  county canvassing board within 3 working days.

  3         Section 42.  Section 102.167, Florida Statutes, is

  4  amended to read:

  5         102.167  Form of protest of election returns.--

  6         (1)  The form of the "Protest of Election Returns to

  7  the Elections Canvassing Commission" shall be as follows:

  8  

  9                PROTEST OF ELECTION RETURNS TO THE

10                 ELECTIONS CANVASSING COMMISSION

11  

12                                                   ...., Florida

13                                              ...., ...(year)...

14         As provided in Section 102.166(1), Florida Statutes, I,

15  .... of .... County, Florida, believe the election returns

16  from .... in the .... election ...(year)... are erroneous.

17         I hereby protest the canvass of such returns by the

18  Elections Canvassing Commission, and request that said returns

19  be investigated, examined, checked, and corrected by the

20  Elections Canvassing Commission.  The basis for this protest

21  is ...........................................................

22  ..............................................................

23  ..............................................................

24  ..............................................................

25  ..............................................................

26  ..............................................................

27  

28  Under penalties of perjury, I swear (or affirm) that I have

29  read the foregoing and that the facts alleged are true, to the

30  best of my knowledge and belief.

31  

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  1         ...(Signature of person protesting election returns)...

  2         (2)  The form of the "Protest of Election Returns to

  3  Canvassing Board" shall be as follows:

  4  

  5                  PROTEST OF ELECTION RETURNS TO

  6                         CANVASSING BOARD

  7  

  8                                                   ...., Florida

  9                                              ...., ...(year)...

10         As provided in Section 102.166(2)(1), Florida Statutes,

11  I, .... of .... County, Florida, believe the election returns

12  from Precinct No. .... in the .... election ...(year)... are

13  erroneous.

14         I hereby protest the canvass of such returns by the

15  .... Canvassing Board, and request that said returns be

16  investigated, examined, checked, and corrected by said

17  Canvassing Board.  The basis for this protest is .............

18  ..............................................................

19  ..............................................................

20  ..............................................................

21  ..............................................................

22  ..............................................................

23  

24  Under penalties of perjury, I swear (or affirm) that I have

25  read the foregoing and that the facts alleged are true, to the

26  best of my knowledge and belief.

27  

28         ...(Signature of person protesting election returns)...

29         Section 43.  Section 102.168, Florida Statutes, is

30  amended to read:

31         102.168  Contest of election.--

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  1         (1)  Except as provided in s. 102.171, the

  2  certification of election or nomination of any person to

  3  office, or of the result on any question submitted by

  4  referendum, may be contested in the circuit court by any

  5  unsuccessful candidate for such office or nomination thereto

  6  or by any elector qualified to vote in the election related to

  7  such candidacy, or by any taxpayer, respectively.

  8         (2)  Such contestant shall file a complaint, together

  9  with the fees prescribed in chapter 28, with the clerk of the

10  circuit court within 10 days after midnight of the date the

11  last county canvassing board empowered to canvass the returns

12  certifies the results of the election being contested or

13  within 5 days after midnight of the date the last county

14  canvassing board empowered to canvass the returns certifies

15  the results of that particular election following a protest

16  pursuant to s. 102.166(1), whichever occurs later.

17         (3)  The complaint shall set forth the grounds on which

18  the contestant intends to establish his or her right to such

19  office or set aside the result of the election on a submitted

20  referendum. The grounds for contesting an election under this

21  section are:

22         (a)  Misconduct, fraud, or corruption on the part of

23  any election official or any member of the canvassing board

24  sufficient to change or place in doubt the result of the

25  election.

26         (b)  Ineligibility of the successful candidate for the

27  nomination or office in dispute.

28         (c)  Receipt of a number of illegal votes or rejection

29  of a number of legal votes sufficient to change or place in

30  doubt the result of the election.

31  

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  1         (d)  Proof that any elector, election official, or

  2  canvassing board member was given or offered a bribe or reward

  3  in money, property, or any other thing of value for the

  4  purpose of procuring the successful candidate's nomination or

  5  election or determining the result on any question submitted

  6  by referendum.

  7         (e)  Any other cause or allegation which, if sustained,

  8  would show that a person other than the successful candidate

  9  was the person duly nominated or elected to the office in

10  question or that the outcome of the election on a question

11  submitted by referendum was contrary to the result declared by

12  the canvassing board or election board.

13         (4)  The canvassing board or the Elections Canvassing

14  Commission election board shall be the proper party defendant,

15  and the successful candidate shall be an indispensable party

16  to any action brought to contest the election or nomination of

17  a candidate.

18         (5)  A statement of the grounds of contest may not be

19  rejected, nor the proceedings dismissed, by the court for any

20  want of form if the grounds of contest provided in the

21  statement are sufficient to clearly inform the defendant of

22  the particular proceeding or cause for which the nomination or

23  election is contested.

24         (6)  A copy of the complaint shall be served upon the

25  defendant and any other person named therein in the same

26  manner as in other civil cases under the laws of this state.

27  Within 10 days after the complaint has been served, the

28  defendant must file an answer admitting or denying the

29  allegations on which the contestant relies or stating that the

30  defendant has no knowledge or information concerning the

31  allegations, which shall be deemed a denial of the

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  1  allegations, and must state any other defenses, in law or

  2  fact, on which the defendant relies. If an answer is not filed

  3  within the time prescribed, the defendant may not be granted a

  4  hearing in court to assert any claim or objection that is

  5  required by this subsection to be stated in an answer.

  6         (7)  Any candidate, qualified elector, or taxpayer

  7  presenting such a contest to a circuit judge is entitled to an

  8  immediate hearing. However, the court in its discretion may

  9  limit the time to be consumed in taking testimony, with a view

10  therein to the circumstances of the matter and to the

11  proximity of any succeeding primary or other election.

12         (8)  The circuit judge to whom the contest is presented

13  may fashion such orders as he or she deems necessary to ensure

14  that each allegation in the complaint is investigated,

15  examined, or checked, to prevent or correct any alleged wrong,

16  and to provide any relief appropriate under such

17  circumstances.

18         Section 44.  Subsection (5) is added to section 99.096,

19  Florida Statutes, to read:

20         99.096  Minor party candidates; names on ballot.--

21         (5)  Notwithstanding any other provision of this

22  section, a minor political party's entire slate of candidates

23  shall be automatically granted ballot access at the general

24  election that immediately follows a statewide or federal

25  election at which any candidate of the minor political party

26  received at least 1 percent of the votes cast statewide, and

27  shall be exempt from the qualifying fee provisions under

28  subsection (2) and the provisions for qualifying by the

29  alternative method under subsection (3), if otherwise

30  qualified for the office sought.

31         Section 45.  This act shall take effect July 1, 2001.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3  
      Provides for a single primary election to be held on the
  4    second Tuesday of September preceding each general
      election. Provides that candidates receiving the highest
  5    number of votes in the primary election are declared
      nominated. Provides a method for deciding tie votes.
  6    Eliminates the second primary election, revises
      restrictions on changing party affiliation between
  7    certain elections, revises the date to designate a
      Lieutenant Governor running mate, revises the dates for
  8    mailing absentee ballots to absent electors overseas,
      eliminates advance absentee ballots, and revises various
  9    other provisions of the Florida Election Code, to
      conform.
10  

11    Increases campaign contribution limits.

12  
      Provides for development of a statewide voter
13    registration database. Authorizes the Department of State
      to hold the copyright to the database software as
14    provided by law. Provides for update of information in
      the database. Provides a date by which the database shall
15    be operational. Provides that voter registration
      information is public except for information made
16    confidential by law. Provides requirements for securing
      copies of any voter registration information.
17  

18    Authorizes and provides requirements for provisional
      ballots, including the canvassing thereof. Requires
19    verification of an elector's eligibility if the elector's
      name is not on the precinct register and authorizes the
20    voting of a provisional ballot if eligibility cannot be
      determined. Allows a voter who has requested an absentee
21    ballot and who decides to vote at the polls on election
      day to vote a provisional ballot, if the absentee ballot
22    is not returned.

23  
      Revises membership of the Elections Canvassing Commission
24    and provisions for filling vacancies on the commission.
      Revises the deadline for submission of county returns to
25    the Department of State following the general election.
      Provides that late returns shall be ignored. Provides an
26    exception due to an emergency. Eliminates provisions
      establishing fines for late reporting. Clarifies
27    canvassing procedures relating to election recounts.
      Provides conditions under which a manual recount is
28    required. Modifies protest procedures and deadlines for
      requesting a manual recount. Provides for the use of
29    certain standards for determining voter intent. Provides
      the form of protest of election returns with the
30    Elections Canvassing Commission. Provides that an
      unsuccessful candidate is a proper party to bring an
31    election contest for certain elections. Provides that any
      taxpayer is a proper party to bring an election contest
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  1    for elections involving a referendum. Clarifies the
      circumstances under which a person may bring an election
  2    contest. Provides that the Elections Canvassing
      Commission is a defendant in certain contested elections.
  3    Removes certain authority of circuit judges to fashion
      orders relating to contests.
  4  

  5    Provides conditions for automatic ballot access for minor
      party candidates, without having to pay a filing fee or
  6    qualify by the alternative method, if otherwise
      qualified.
  7  

  8    See bill for details.

  9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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