House Bill hb1925e1
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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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; providing for
7 update of information in the database;
8 requiring quarterly progress reports to the
9 Legislature until fully implemented; providing
10 for an operational date; providing for an
11 appropriation; creating s. 98.0979, F.S.;
12 providing that voter registration information
13 is public except for information made
14 confidential by law; providing requirements for
15 securing copies of any voter registration
16 information; creating s. 101.048, F.S.;
17 authorizing and providing requirements for
18 provisional ballots, including the canvassing
19 thereof; amending s. 101.045, F.S.; requiring
20 verification of an elector's eligibility if the
21 elector's name is not on the precinct register;
22 authorizing the voting of a provisional ballot
23 if eligibility cannot be determined; amending
24 s. 101.5614, F.S., relating to the canvass of
25 returns; providing for provisional ballots, to
26 conform; providing a penalty for releasing the
27 results of an election prior to the closing of
28 the polls; amending s. 101.68, F.S.; allowing
29 the processing of absentee ballots through
30 electronic tabulating equipment prior to
31 election day; prohibiting the release of the
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1 results of a canvassing or processing of
2 absentee ballots prior to the closing of the
3 polls; providing a penalty; amending s. 101.69,
4 F.S.; allowing a voter who has requested an
5 absentee ballot and who decides to vote at the
6 polls on election day to vote a provisional
7 ballot, if the absentee ballot is not returned;
8 amending s. 102.111, F.S.; revising membership
9 of the Elections Canvassing Commission;
10 revising provisions for filling vacancies on
11 the commission; amending s. 102.112, F.S.;
12 revising the deadline for submission of county
13 returns to the Department of State following
14 the general election; eliminating reference to
15 the second primary election; providing that
16 late returns shall be ignored; providing an
17 exception due to an emergency; eliminating
18 provisions establishing fines for late
19 reporting; amending s. 102.141, F.S.;
20 clarifying canvassing procedures relating to
21 election recounts; providing conditions under
22 which a manual recount is required; amending s.
23 102.166, F.S.; modifying protest procedures and
24 deadlines for requesting a manual recount;
25 providing for the use of certain standards for
26 determining voter intent; amending s. 102.167,
27 F.S.; providing the form of protest of election
28 returns with the Elections Canvassing
29 Commission; amending s. 102.168, F.S.;
30 providing that an unsuccessful candidate is the
31 proper party to bring an election contest for
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1 certain elections; providing that any elector
2 is the proper party to bring an election
3 contest for elections involving a referendum;
4 clarifying the circumstances under which a
5 person may bring an election contest; providing
6 that the Elections Canvassing Commission is a
7 defendant in certain contested elections;
8 removing certain authority of circuit judges to
9 fashion orders relating to contests; amending
10 s. 99.096, F.S.; providing conditions for
11 automatic ballot access for minor party
12 candidates without having to pay a filing fee
13 or qualify by the alternative method, if
14 otherwise qualified; amending s. 106.31, F.S.;
15 providing legislative intent with respect to
16 public campaign financing; amending s. 106.33,
17 F.S.; prohibiting the use of contributions from
18 individuals who are not state residents to meet
19 the eligibility threshold for receiving
20 election campaign financing; amending s.
21 106.35, F.S.; providing that certain
22 contributions may not be used as qualifying
23 matching contributions; repealing s. 98.0975,
24 F.S., relating to list maintenance of the
25 central voter file; amending s. 98.255, F.S.;
26 providing for nonpartisan voter education;
27 requiring the supervisors of elections to
28 report to the Division of Elections on
29 voter-education programs; requiring the
30 division to report to the Legislature on the
31 effectiveness of voter-education programs;
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CS/HB 1925, First Engrossed
1 creating s. 102.014, F.S.; providing for
2 pollworker recruitment and training; repealing
3 s. 102.012 (8) and (9), F.S., relating to
4 pollworker training; amending s. 101.031, F.S.;
5 providing for a Voter's Bill of Rights and
6 Responsibilities; providing responsibilities of
7 supervisors of elections; providing
8 severability; providing effective dates.
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 there is
9 no indication whether the voter has returned the absentee
10 ballot.
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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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
19
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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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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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CS/HB 1925, First Engrossed
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 $1,000 $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 shall develop a statewide voter
29 registration database, which shall contain voter registration
30 information from every supervisor of elections in this state
31 and shall be accessible through an Internet web site.
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1 Accordingly, the department may contract for the analysis,
2 design, development, operation, and maintenance of a
3 statewide, on-line voter registration database and associated
4 Internet web site. The database system adopted must provide
5 functionality for ensuring that the database is updated on a
6 daily basis to determine if a registered voter is ineligible
7 to vote for any of the following reasons, including, but not
8 limited to:
9 (a) The voter is deceased;
10 (b) The voter has been convicted of a felony and has
11 not had his or her civil rights restored; or
12 (c) The voter has been adjudicated mentally
13 incompetent and his or her mental capacity with respect to
14 voting has not been restored.
15
16 The database shall also allow for duplicate voter
17 registrations to be identified.
18 (2) In administering the database, each supervisor of
19 elections shall compare registration information provided by a
20 voter with information held by the Department of Law
21 Enforcement, the Board of Executive Clemency, and the Office
22 of Vital Statistics. If the supervisor of elections finds
23 information that suggests that a voter is ineligible to
24 register to vote, the supervisor of elections shall notify the
25 voter by certified United States mail. The notification shall
26 contain a statement as to the reason for the voter's potential
27 ineligibility to register to vote and shall request
28 information from the voter on forms provided by the supervisor
29 of elections in order to make a final determination on the
30 voter's eligibility. After reviewing the information
31 requested by the supervisor of elections and provided by the
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1 voter, if the supervisor of elections determines that the
2 voter is not eligible to vote under the laws of this state,
3 the supervisor of elections shall notify the voter by
4 certified United States mail that he or she has been found
5 ineligible to register to vote in this state, shall state the
6 reason for the ineligibility, and shall inform the voter that
7 he or she will be removed from the voter registration rolls.
8 (3) To the maximum extent feasible, state and local
9 governmental agencies shall facilitate provision of
10 information and access to data to the department and the
11 supervisors of elections in order to compare information in
12 the statewide voter registration database with available
13 information in other computer databases, including, but not
14 limited to, databases that contain reliable criminal records
15 and records of deceased persons. State and local governmental
16 agencies that provide such data shall do so without charge if
17 the direct cost incurred by those agencies is not significant.
18 (4) The Division of Elections shall provide written
19 quarterly progress reports on each phase of development of the
20 voter registration database to the President of the Senate and
21 the Speaker of the House of Representatives beginning July 1,
22 2001, and continuing until the database is fully implemented.
23 (5) The duties of the supervisors of elections under
24 this section shall be considered part of their regular
25 registration list maintenance duties under this chapter, and
26 any supervisor of elections who willfully refuses or willfully
27 neglects to perform his or her duties under this section shall
28 be in violation of s. 104.051(2).
29 Section 32. (1) The statewide voter registration
30 database, created pursuant to s. 98.0977, Florida Statutes, by
31 this act, shall be operational by June 1, 2002.
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1 (2) Funding for the analysis, design, development,
2 operation, and maintenance of the statewide voter registration
3 database pursuant to s. 98.0977(1), Florida Statutes, shall be
4 as provided for in the 2001-2002 General Appropriations Act.
5 Section 33. Section 98.0979, Florida Statutes, is
6 created to read:
7 98.0979 Statewide voter registration database open to
8 inspection; copies.--
9 (1)(a) The voter registration information of the state
10 constitutes public records. Any citizen shall be allowed to
11 examine the voter registration records, but may not make any
12 copies or extract therefrom except as provided by this
13 section.
14 (b) Within 15 days after a request for voter
15 registration information, the division or supervisor of
16 elections shall furnish any requested information, excluding
17 only a voter's signature, social security number, and such
18 other information that is by statute specifically made
19 confidential or is exempt from public records requirements.
20 (c) Actual costs of duplication of information
21 authorized by this section for release to the public shall be
22 charged in accordance with the provisions of s. 119.07.
23 (2) The information provided by the division or
24 supervisor of elections pursuant to this section shall be
25 furnished only to:
26 (a) Municipalities;
27 (b) Other governmental agencies;
28 (c) Political candidates, for the purpose of
29 furthering their candidacies;
30
31
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1 (d) Registered political committees, certified
2 committees of continuous existence, and political parties or
3 officials thereof, for political purposes only; and
4 (e) Incumbent officeholders, for the purpose of
5 reporting to their constituents.
6 (3) Such information shall not be used for commercial
7 purposes. No person to whom a list of registered voters is
8 made available pursuant to this section, and no person who
9 acquires such a list, shall use any information contained
10 therein for purposes which are not related to elections,
11 political or governmental activities, voter registration, or
12 law enforcement.
13 (4) Any person who acquires a list of registered
14 voters from the division or supervisor of elections shall take
15 and subscribe to an oath which shall be in substantially the
16 following form:
17
18 I hereby swear (or affirm) that I am a person
19 authorized by s. 98.0979, Florida Statutes, to acquire
20 information on the registered voters of Florida; that the
21 information acquired will be used only for the purposes
22 prescribed in that section and for no other purpose; and that
23 I will not permit the use or copying of such information by
24 persons not authorized by the Election Code of the State of
25 Florida.
26
27 ...(Signature of person acquiring list)...
28
29 Sworn and subscribed before me this .... day of ........,
30 ...(year)....
31 ...(Name of person providing list)...
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1 Section 34. Section 101.048, Florida Statutes, is
2 created to read:
3 101.048 Provisional ballots.--
4 (1) At all elections, a voter claiming to be properly
5 registered in the county and eligible to vote at the precinct
6 in the election, but whose eligibility cannot be determined,
7 shall be entitled to vote a provisional ballot. Once voted,
8 the provisional ballot shall be placed in a secrecy envelope
9 and thereafter sealed in a provisional ballot envelope. The
10 provisional ballot shall be deposited in a ballot box. All
11 provisional ballots shall remain sealed in their envelopes for
12 return to the supervisor of elections.
13 (2)(a) The county canvassing board shall examine each
14 provisional ballot to determine if the person voting that
15 ballot was entitled to vote in the election and that the
16 person had not already cast a ballot in the election.
17 (b)1. If it is determined that the person was
18 registered and entitled to vote, the canvassing board shall
19 compare the signature on the provisional ballot envelope with
20 the signature on the voter's registration and, if it matches,
21 shall count the ballot.
22 2. If it is determined that the person voting the
23 provisional ballot was not registered or entitled to vote, the
24 provisional ballot shall not be counted and the ballot shall
25 remain in the envelope containing the Provisional Ballot
26 Voter's Certificate and the envelope marked "Rejected as
27 Illegal."
28 (3) The Provisional Ballot Voter's Certificate shall
29 be in substantially the following form:
30
31 STATE OF FLORIDA
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1 COUNTY OF ....
2
3 I do solemnly swear (or affirm) that my name is ....;
4 that my date of birth is ....; that I am registered to vote
5 and at the time I registered I resided at ...., in the
6 municipality of ...., in .... County, Florida; that I am a
7 qualified voter of the county and have not voted in this
8 election.
9 ...(Signature of Voter)...
10 ...(Current Address)...
11
12 Sworn to and subscribed before me this .... day of ........,
13 ...(year)....
14 ...(Clerk or Inspector of Election)...
15
16 Additional information may be provided to further assist the
17 supervisor of elections in determining eligibility. If known,
18 please provide the place and date that you registered to vote.
19
20 (4) In counties where the voting system does not
21 utilize a paper ballot, the supervisor of elections shall
22 provide the appropriate provisional ballots to each polling
23 place.
24 Section 35. Subsections (2) and (3) of section
25 101.045, Florida Statutes, are amended to read:
26 101.045 Electors must be registered in precinct;
27 provisions for residence or name change.--
28 (2)(a) An elector who moves from the precinct within
29 the county in which the elector is registered may be permitted
30 to vote in the precinct to which he or she has moved his or
31
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1 her legal residence, provided such elector completes an
2 affirmation in substantially the following form:
3
4 Change of Legal Residence of Registered
5 Voter
6
7 Under penalties for false swearing, I, ...(Name of voter)...,
8 swear (or affirm) that the former address of my legal
9 residence was ...(Address of legal residence)... in the
10 municipality of ...., in .... County, Florida, and I was
11 registered to vote in the .... precinct of .... County,
12 Florida; that I have not voted in the precinct of my former
13 registration in this election; that I now reside at
14 ...(Address of legal residence)... in the Municipality of
15 ...., in .... County, Florida, and am therefore eligible to
16 vote in the .... precinct of .... County, Florida; and I
17 further swear (or affirm) that I am otherwise legally
18 registered and entitled to vote.
19
20 ...(Signature of voter whose address of legal residence has
21 changed)...
22
23 (b) An elector whose name changes because of marriage
24 or other legal process may be permitted to vote, provided such
25 elector completes an affirmation in substantially the
26 following form:
27
28 Change of Name of Registered
29 Voter
30
31
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1 Under penalties for false swearing, I, ...(New name of
2 voter)..., swear (or affirm) that my name has been changed
3 because of marriage or other legal process. My former name and
4 address of legal residence appear on the registration books of
5 precinct .... as follows:
6 Name..........................................................
7 Address.......................................................
8 Municipality..................................................
9 County........................................................
10 Florida, Zip..................................................
11 My present name and address of legal residence are as follows:
12 Name..........................................................
13 Address.......................................................
14 Municipality..................................................
15 County........................................................
16 Florida, Zip..................................................
17 and I further swear (or affirm) that I am otherwise legally
18 registered and entitled to vote.
19
20 ...(Signature of voter whose name has changed)...
21
22 (c) Such affirmation, when completed and presented at
23 the precinct in which such elector is entitled to vote, and
24 upon verification of the elector's registration, shall entitle
25 such elector to vote as provided in this subsection. If the
26 elector's eligibility to vote cannot be determined, he or she
27 shall be entitled to vote a provisional ballot subject to the
28 requirements and procedures in s. 101.048. Upon receipt of an
29 affirmation certifying a change in address of legal residence
30 or name, the supervisor shall as soon as practicable make the
31 necessary changes in the registration records of the county to
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1 indicate the change in address of legal residence or name of
2 such elector.
3 (d) Instead of the affirmation contained in paragraph
4 (a) or paragraph (b), an elector may complete a voter
5 registration application that indicates the change of name or
6 change of address of legal residence.
7 (e) A request for an absentee ballot pursuant to s.
8 101.62 which indicates that the elector has had a change of
9 address of legal residence from that in the supervisor's
10 records shall be sufficient as the notice to the supervisor of
11 change of address of legal residence required by this section.
12 Upon receipt of such request for an absentee ballot from an
13 elector who has changed his or her address of legal residence,
14 the supervisor shall provide the elector with the proper
15 ballot for the precinct in which the elector then has his or
16 her legal residence.
17 (3) When an elector's name does not appear on the
18 registration books of the election precinct in which the
19 elector is registered and when the elector cannot present a
20 valid registration identification card, the elector may have
21 his or her name restored if the supervisor is otherwise
22 satisfied that the elector is validly registered, that the
23 elector's name has been erroneously omitted from the books,
24 and that the elector is entitled to have his or her name
25 restored. The supervisor, if he or she is satisfied as to the
26 elector's previous registration, shall allow such person to
27 vote and shall thereafter issue a duplicate registration
28 identification card.
29 Section 36. Subsections (1), (2), and (8) of section
30 101.5614, Florida Statutes, are amended, and subsection (9) is
31 added to said section, to read:
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1 101.5614 Canvass of returns.--
2 (1)(a) In precincts in which an electronic or
3 electromechanical voting system is used, as soon as the polls
4 are closed, the election board shall secure the voting devices
5 against further voting. The election board shall thereafter
6 open the ballot box in the presence of members of the public
7 desiring to witness the proceedings and count the number of
8 voted ballots, unused ballots, provisional ballots, and
9 spoiled ballots to ascertain whether such number corresponds
10 with the number of ballots issued by the supervisor. If there
11 is a difference, this fact shall be reported in writing to the
12 county canvassing board with the reasons therefor if known.
13 The total number of voted ballots shall be entered on the
14 forms provided. The proceedings of the election board at the
15 precinct after the polls have closed shall be open to the
16 public; however, no person except a member of the election
17 board shall touch any ballot or ballot container or interfere
18 with or obstruct the orderly count of the ballots.
19 (b) In lieu of opening the ballot box at the precinct,
20 the supervisor may direct the election board to keep the
21 ballot box sealed and deliver it to a central or regional
22 counting location. In this case, the election board shall
23 count the stubs removed from the ballots to determine the
24 number of voted ballots.
25 (2)(a) If the ballots are to be tallied at a central
26 location or at no more than three regional locations, the
27 election board shall place all ballots that have been cast and
28 the unused, void, provisional, and defective ballots in the
29 container or containers provided for this purpose, which shall
30 be sealed and delivered forthwith to the central or regional
31 counting location or other designated location by two
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1 inspectors who shall not, whenever possible, be of the same
2 political party. The election board shall certify that the
3 ballots were placed in such container or containers and each
4 container was sealed in its presence and under its
5 supervision, and it shall further certify to the number of
6 ballots of each type placed in the container or containers.
7 (b) If ballots are to be counted at the precincts,
8 such ballots shall be counted pursuant to rules adopted by the
9 Department of State, which rules shall provide safeguards
10 which conform as nearly as practicable to the safeguards
11 provided in the procedures for the counting of votes at a
12 central location.
13 (8) The return printed by the automatic tabulating
14 equipment, to which has been added the return of write-in,
15 absentee, and manually counted votes and votes from
16 provisional ballots, shall constitute the official return of
17 the election. Upon completion of the count, the returns shall
18 be open to the public. A copy of the returns may be posted at
19 the central counting place or at the office of the supervisor
20 of elections in lieu of the posting of returns at individual
21 precincts.
22 (9) Any supervisor of elections, deputy supervisor of
23 elections, canvassing board member, election board member, or
24 election employee who releases the results of any election
25 prior to the closing of the polls on election day commits a
26 felony of the third degree, punishable as provided in s.
27 775.082, s. 775.083, or s. 775.084.
28 Section 37. Paragraph (a) of subsection (2) of section
29 101.68, Florida Statutes, is amended to read:
30 101.68 Canvassing of absentee ballot.--
31
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1 (2)(a) The county canvassing board may begin the
2 canvassing of absentee ballots at 7 a.m. on the fourth day
3 before the election, but not later than noon on the day
4 following the election. In addition, for any county using
5 electronic tabulating equipment, the processing of absentee
6 ballots through such tabulating equipment may begin at 7 a.m.
7 on the fourth day before the election upon the opening of the
8 polls on election day. However, notwithstanding any such
9 authorization to begin canvassing or otherwise processing
10 absentee ballots early, no result or tabulation of absentee
11 ballots shall be released made until after the closing close
12 of the polls on election day. Any supervisor of elections,
13 deputy supervisor of elections, canvassing board member,
14 election board member, or election employee who releases the
15 results of a canvassing or processing of absentee ballots
16 prior to the closing of the polls on election day commits a
17 felony of the third degree, punishable as provided in s.
18 775.082, s. 775.083, or s. 775.084.
19 Section 38. 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 39. 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 40. 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 41. 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. On optical scan
19 machines, a machine recount shall mean actually processing
20 each ballot through the vote tabulation system examine the
21 counters on the machines or the tabulation of the ballots cast
22 in each precinct in which the office or issue appeared on the
23 ballot and determine whether the returns correctly reflect the
24 votes cast. If there is a discrepancy between the returns and
25 the counters of the machines or the tabulation of the ballots
26 cast, the counters of such machines or the tabulation of the
27 ballots cast shall be presumed correct and such votes shall be
28 canvassed accordingly.
29 (b) If, after conducting a machine recount under
30 paragraph (a), the returns for any office reflect that a
31 candidate was defeated or eliminated by one-quarter of a
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1 percent or less of the votes cast for such office, that a
2 candidate for retention to a judicial office was retained or
3 not retained by one-quarter of a percent or less of the votes
4 cast on the question of retention, or that a measure appearing
5 on the ballot was approved or rejected by one-quarter of a
6 percent or less of the votes cast on such measure, each county
7 canvassing board responsible for certifying the results of the
8 vote on such race or measure shall order a manual recount of
9 the votes cast with respect to such office or measure that
10 were not counted by an otherwise properly functioning vote
11 tabulation system. Manual recounts shall be conducted by the
12 county canvassing boards using the procedures described in s.
13 102.166. Upon completion of its manual recount, each county
14 canvassing board shall certify the returns for the applicable
15 office or measure.
16 Section 42. Section 102.166, Florida Statutes, is
17 amended to read:
18 102.166 Protest of election returns; procedure.--
19 (1)(a) Any candidate for nomination or election to a
20 federal, state, or multicounty district office, or any elector
21 qualified to vote in the election related to such candidacy,
22 shall have the right to protest the returns of the election as
23 being erroneous by filing with the Elections Canvassing
24 Commission appropriate canvassing board a sworn, written
25 protest.
26 (b)(2) Such protest shall be filed with the Elections
27 Canvassing Commission canvassing board prior to the time the
28 Elections Canvassing Commission canvassing board certifies the
29 results for the office being protested or within 72 hours 5
30 days after the closing of the polls in that election midnight
31 of the date the election is held, whichever occurs later.
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1 (3) Before canvassing the returns of the election, the
2 canvassing board shall:
3 (a) When paper ballots are used, examine the
4 tabulation of the paper ballots cast.
5 (b) When voting machines are used, examine the
6 counters on the machines of nonprinter machines or the
7 printer-pac on printer machines. If there is a discrepancy
8 between the returns and the counters of the machines or the
9 printer-pac, the counters of such machines or the printer-pac
10 shall be presumed correct.
11 (c) Upon receipt of a sworn, written protest, the
12 Elections Canvassing Commission shall direct each county
13 canvassing board within the geographic jurisdiction of the
14 office or ballot measure to When electronic or
15 electromechanical equipment is used, the canvassing board
16 shall examine precinct records and election returns. If there
17 is a clerical error, such error shall be corrected by the
18 county canvassing board. If there is a discrepancy that which
19 could affect the outcome of an election, the Elections
20 Canvassing Commission may direct each county canvassing board
21 to may recount the ballots on the automatic tabulating
22 equipment.
23 (d)1.(4)(a) Upon completion of a machine recount
24 ordered by the Elections Canvassing Commission pursuant to
25 paragraph (c), any candidate for federal, state, or
26 multicounty district office whose name appeared on the ballot
27 or, any political committee that supports or opposes a
28 statewide or multicounty an issue that which appeared on the
29 ballot, or any political party whose candidates' names
30 appeared on the ballot may file a written request with the
31 Elections Canvassing Commission county canvassing board for a
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CS/HB 1925, First Engrossed
1 manual recount of the votes cast with respect to such office
2 or measure that were not counted by an otherwise properly
3 functioning vote tabulation system. The written request shall
4 contain a statement of the reason the manual recount is being
5 requested.
6 2.(b) Such request must be filed with the Elections
7 Canvassing Commission canvassing board prior to the time the
8 canvassing board certifies the results for the office being
9 protested or within 72 hours after completion of the machine
10 recount ordered by the Elections Canvassing Commission
11 pursuant to paragraph (c) midnight of the date the election
12 was held, whichever occurs later.
13 3.(c) Based on its evaluation of the validity of the
14 reasons stated in the written request, the Elections
15 Canvassing Commission county canvassing board may authorize a
16 manual recount of those ballots not counted by the voting
17 equipment during the machine recount. If a manual recount is
18 authorized, the Elections Canvassing Commission shall direct
19 each county canvassing board within the geographic
20 jurisdiction of the office or ballot measure to manually
21 recount all ballots not previously counted by an otherwise
22 properly functioning vote tabulation system, using standards
23 for determining voter intent developed and published by the
24 Division of Elections. If a manual recount is authorized, the
25 Elections Canvassing Commission county canvassing board shall
26 make a reasonable effort to notify each candidate whose race
27 is being recounted of the time and place of such recount.
28 (d) The manual recount must include at least three
29 precincts and at least 1 percent of the total votes cast for
30 such candidate or issue. In the event there are less than
31 three precincts involved in the election, all precincts shall
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1 be counted. The person who requested the recount shall choose
2 three precincts to be recounted, and, if other precincts are
3 recounted, the county canvassing board shall select the
4 additional precincts.
5 (5) If the manual recount indicates an error in the
6 vote tabulation which could affect the outcome of the
7 election, the county canvassing board shall:
8 (a) Correct the error and recount the remaining
9 precincts with the vote tabulation system;
10 (b) Request the Department of State to verify the
11 tabulation software; or
12 (c) Manually recount all ballots.
13 (2)(a) Any candidate for nomination or election to a
14 county office, municipal office, or district office not
15 covered by paragraph (1)(a), or any elector qualified to vote
16 in the election related to such candidacy, shall have the
17 right to protest the returns of the election as being
18 erroneous by filing with the appropriate county canvassing
19 board a sworn, written protest.
20 (b) Such protest shall be filed with the county
21 canvassing board prior to the time the canvassing board
22 certifies the results for the office being protested or within
23 72 hours after the closing of the polls in that election,
24 whichever occurs later.
25 (c) Upon receipt of a sworn, written protest, the
26 county canvassing board shall:
27 1. When paper ballots are used, examine the tabulation
28 of the paper ballots cast.
29 2. When voting machines are used, examine the counters
30 on the machines of nonprinter machines or the printer-pac on
31 printer machines. If there is a discrepancy between the
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1 returns and the counters of the machines or the printer-pac,
2 the counters of such machines or the printer-pac shall be
3 presumed correct.
4 3. When electronic or electromechanical equipment is
5 used, examine precinct records and election returns. If there
6 is a clerical error, such error shall be corrected by the
7 county canvassing board. If there is a discrepancy that could
8 affect the outcome of an election, the canvassing board may
9 recount the ballots on the automatic tabulating equipment.
10 (d)1. Upon completion of a machine recount ordered by
11 a county canvassing board pursuant to subparagraph (c)3., any
12 candidate not covered by paragraph (1)(d) whose name appeared
13 on the ballot or any political committee that supports or
14 opposes an issue not covered by paragraph (1)(d) which
15 appeared on the ballot may file a written request with the
16 county canvassing board for a manual recount of the votes cast
17 with respect to such office or measure that were not counted
18 by an otherwise properly functioning vote tabulation system.
19 The written request shall contain a statement of the reason
20 the manual recount is being requested.
21 2. Such request must be filed with the canvassing
22 board within 72 hours after the completion of the machine
23 recount ordered pursuant to subparagraph (c)3.
24 3. Based on its evaluation of the validity of the
25 reasons stated in the written request, the county canvassing
26 board may authorize a manual recount of those ballots not
27 counted by the voting equipment during the machine recount. If
28 a manual recount is authorized, the county canvassing board
29 shall manually recount all ballots not previously counted by
30 an otherwise properly functioning vote tabulation system,
31 using standards for determining voter intent developed and
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1 published by the Division of Elections. If a manual recount is
2 authorized, the county canvassing board shall make a
3 reasonable effort to notify each candidate whose race is being
4 recounted of the time and place of such recount.
5 (3)(6) Any manual recount shall be open to the public.
6 (4)(7) Procedures for a manual recount are as follows:
7 (a) The county canvassing board shall appoint as many
8 counting teams of at least two electors as is necessary to
9 manually recount the ballots. A counting team must have, when
10 possible, members of at least two political parties. A
11 candidate involved in the race shall not be a member of the
12 counting team.
13 (b) If a counting team is unable to determine a
14 voter's intent in casting a ballot, using the standards for
15 determining voter intent developed and published by the
16 Division of Elections, the ballot shall be presented to the
17 county canvassing board for it to determine the voter's
18 intent. If the county canvassing board is unable to determine
19 a voter's intent in casting a ballot using the standards for
20 determining voter intent developed and published by the
21 Division of Elections, the ballot shall not be counted in the
22 official canvass.
23 (5)(8) If the county canvassing board determines the
24 need to verify the tabulation software, the county canvassing
25 board shall request in writing that the Department of State
26 verify the software.
27 (6)(9) When the Department of State verifies such
28 software, the department shall:
29 (a) Compare the software used to tabulate the votes
30 with the software filed with the Department of State pursuant
31 to s. 101.5607; and
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1 (b) Check the election parameters.
2 (7)(10) The Department of State shall respond to the
3 county canvassing board within 3 working days.
4 Section 43. Section 102.167, Florida Statutes, is
5 amended to read:
6 102.167 Form of protest of election returns.--
7 (1) The form of the "Protest of Election Returns to
8 the Elections Canvassing Commission" shall be as follows:
9
10 PROTEST OF ELECTION RETURNS TO THE
11 ELECTIONS CANVASSING COMMISSION
12
13 ...., Florida
14 ...., ...(year)...
15 As provided in Section 102.166(1), Florida Statutes, I,
16 .... of .... County, Florida, believe the election returns
17 from .... in the .... election ...(year)... are erroneous.
18 I hereby protest the canvass of such returns by the
19 Elections Canvassing Commission, and request that said returns
20 be investigated, examined, checked, and corrected by the
21 Elections Canvassing Commission. The basis for this protest
22 is ...........................................................
23 ..............................................................
24 ..............................................................
25 ..............................................................
26 ..............................................................
27 ..............................................................
28
29 Under penalties of perjury, I swear (or affirm) that I have
30 read the foregoing and that the facts alleged are true, to the
31 best of my knowledge and belief.
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1
2 ...(Signature of person protesting election returns)...
3 (2) The form of the "Protest of Election Returns to
4 Canvassing Board" shall be as follows:
5
6 PROTEST OF ELECTION RETURNS TO
7 CANVASSING BOARD
8
9 ...., Florida
10 ...., ...(year)...
11 As provided in Section 102.166(2)(1), Florida Statutes,
12 I, .... of .... County, Florida, believe the election returns
13 from Precinct No. .... in the .... election ...(year)... are
14 erroneous.
15 I hereby protest the canvass of such returns by the
16 .... Canvassing Board, and request that said returns be
17 investigated, examined, checked, and corrected by said
18 Canvassing Board. The basis for this protest is .............
19 ..............................................................
20 ..............................................................
21 ..............................................................
22 ..............................................................
23 ..............................................................
24
25 Under penalties of perjury, I swear (or affirm) that I have
26 read the foregoing and that the facts alleged are true, to the
27 best of my knowledge and belief.
28
29 ...(Signature of person protesting election returns)...
30 Section 44. Section 102.168, Florida Statutes, is
31 amended to read:
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1 102.168 Contest of election.--
2 (1) Except as provided in s. 102.171, the
3 certification of election or nomination of any person to
4 office, or of the result on any question submitted by
5 referendum, may be contested in the circuit court by any
6 unsuccessful candidate for such office or nomination thereto
7 and the result on any question submitted by referendum may be
8 contested in the circuit court or by any elector qualified to
9 vote in the election related to such candidacy, or by any
10 taxpayer, respectively.
11 (2) Such contestant shall file a complaint, together
12 with the fees prescribed in chapter 28, with the clerk of the
13 circuit court within 10 days after midnight of the date the
14 last county canvassing board empowered to canvass the returns
15 certifies the results of the election being contested or
16 within 5 days after midnight of the date the last county
17 canvassing board empowered to canvass the returns certifies
18 the results of that particular election following a protest
19 pursuant to s. 102.166(1), whichever occurs later.
20 (3) The complaint shall set forth the grounds on which
21 the contestant intends to establish his or her right to such
22 office or set aside the result of the election on a submitted
23 referendum. The grounds for contesting an election under this
24 section are:
25 (a) Misconduct, fraud, or corruption on the part of
26 any election official or any member of the canvassing board
27 sufficient to change or place in doubt the result of the
28 election.
29 (b) Ineligibility of the successful candidate for the
30 nomination or office in dispute.
31
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1 (c) Receipt of a number of illegal votes or rejection
2 of a number of legal votes sufficient to change or place in
3 doubt the result of the election.
4 (d) Proof that any elector, election official, or
5 canvassing board member was given or offered a bribe or reward
6 in money, property, or any other thing of value for the
7 purpose of procuring the successful candidate's nomination or
8 election or determining the result on any question submitted
9 by referendum.
10 (e) Any other cause or allegation which, if sustained,
11 would show that a person other than the successful candidate
12 was the person duly nominated or elected to the office in
13 question or that the outcome of the election on a question
14 submitted by referendum was contrary to the result declared by
15 the canvassing board or election board.
16 (4) The canvassing board or the Elections Canvassing
17 Commission election board shall be the proper party defendant,
18 and the successful candidate shall be an indispensable party
19 to any action brought to contest the election or nomination of
20 a candidate.
21 (5) A statement of the grounds of contest may not be
22 rejected, nor the proceedings dismissed, by the court for any
23 want of form if the grounds of contest provided in the
24 statement are sufficient to clearly inform the defendant of
25 the particular proceeding or cause for which the nomination or
26 election is contested.
27 (6) A copy of the complaint shall be served upon the
28 defendant and any other person named therein in the same
29 manner as in other civil cases under the laws of this state.
30 Within 10 days after the complaint has been served, the
31 defendant must file an answer admitting or denying the
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CS/HB 1925, First Engrossed
1 allegations on which the contestant relies or stating that the
2 defendant has no knowledge or information concerning the
3 allegations, which shall be deemed a denial of the
4 allegations, and must state any other defenses, in law or
5 fact, on which the defendant relies. If an answer is not filed
6 within the time prescribed, the defendant may not be granted a
7 hearing in court to assert any claim or objection that is
8 required by this subsection to be stated in an answer.
9 (7) Any candidate or, qualified elector, or taxpayer
10 presenting such a contest to a circuit judge is entitled to an
11 immediate hearing. However, the court in its discretion may
12 limit the time to be consumed in taking testimony, with a view
13 therein to the circumstances of the matter and to the
14 proximity of any succeeding primary or other election.
15 (8) The circuit judge to whom the contest is presented
16 may fashion such orders as he or she deems necessary to ensure
17 that each allegation in the complaint is investigated,
18 examined, or checked, to prevent or correct any alleged wrong,
19 and to provide any relief appropriate under such
20 circumstances.
21 Section 45. Subsection (5) is added to section 99.096,
22 Florida Statutes, to read:
23 99.096 Minor party candidates; names on ballot.--
24 (5) Notwithstanding any other provision of this
25 section, a minor political party's entire slate of candidates
26 shall be automatically granted ballot access at the general
27 election that immediately follows a statewide or federal
28 election at which any candidate of the minor political party
29 received at least 1 percent of the votes cast statewide, and
30 shall be exempt from the qualifying fee provisions under
31 subsection (2) and the provisions for qualifying by the
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1 alternative method under subsection (3), if otherwise
2 qualified for the office sought.
3 Section 46. Section 106.31, Florida Statutes, is
4 amended to read:
5 106.31 Legislative intent.--The Legislature finds that
6 the costs of running an effective campaign for statewide
7 office have reached a level which tends to discourage persons
8 from becoming candidates and to limit the persons who run for
9 such office to those who are independently wealthy, who are
10 supported by political committees representing special
11 interests which are able to generate substantial campaign
12 contributions, or who must appeal to special interest groups
13 for campaign contributions. The Legislature further finds
14 that campaign contributions generated by such political
15 committees are having a disproportionate impact vis-a-vis
16 contributions from unaffiliated individuals, which leads to
17 the misperception of government officials unduly influenced by
18 those special interests to the detriment of the public
19 interest. Furthermore, it is the intent of the Legislature
20 that the purpose of public campaign financing is to make
21 candidates more responsive to the voters of the State of
22 Florida and as insulated as possible from special interest
23 groups. The Legislature intends ss. 106.30-106.36 to
24 alleviate these factors, dispel the misperception, and
25 encourage qualified persons to seek statewide elective office
26 who would not, or could not otherwise do so and to protect the
27 effective competition by a candidate who uses public funding.
28 Section 47. Section 106.33, Florida Statutes, is
29 amended to read:
30 106.33 Election campaign financing; eligibility.--Each
31 candidate for the office of Governor or member of the Cabinet
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1 who desires to receive contributions from the Election
2 Campaign Financing Trust Fund shall, upon qualifying for
3 office, file a request for such contributions with the filing
4 officer on forms provided by the Division of Elections. If a
5 candidate requesting contributions from the fund desires to
6 have such funds distributed by electronic fund transfers, the
7 request shall include information necessary to implement that
8 procedure. For the purposes of ss. 106.30-106.36, candidates
9 for Governor and Lieutenant Governor on the same ticket shall
10 be considered as a single candidate. To be eligible to
11 receive contributions from the fund, a candidate may shall not
12 be an unopposed candidate as defined in s. 106.011(15) and
13 must shall:
14 (1) Agree to abide by the expenditure limits provided
15 in s. 106.34.
16 (2)(a) Raise contributions as follows:
17 1.(a) One hundred fifty thousand dollars for a
18 candidate for Governor.
19 2.(b) One hundred thousand dollars for a candidate for
20 Cabinet office.
21 (b) The following may not be used to meet the
22 threshold amounts in paragraph (a):
23 1. Loans or contributions from the candidate's
24 personal funds;
25 2. Contributions from national, state, and county
26 executive committees of a political party; or
27 3. Contributions from individuals who at the time of
28 contributing are not state residents. For purposes of this
29 subparagraph, any person validly registered to vote in this
30 state shall be considered a state resident.
31
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1 (3) Limit loans or contributions from the candidate's
2 personal funds to $25,000 and contributions from national,
3 state, and county executive committees of a political party to
4 $25,000 in the aggregate, which loans or contributions shall
5 not qualify for meeting the threshold amounts in subsection
6 (2).
7 (4) Submit to a postelection audit of the campaign
8 account by the division.
9 Section 48. Subsection (2) of section 106.35, Florida
10 Statutes, is amended to read:
11 106.35 Distribution of funds.--
12 (2)(a) Each candidate who has been certified to
13 receive contributions from the Election Campaign Financing
14 Trust Fund shall be entitled to distribution of funds as
15 follows:
16 1. For qualifying matching contributions making up all
17 or any portion of the threshold amounts specified in s.
18 106.33(2), distribution shall be on a two-to-one basis.
19 2. For all other qualifying matching contributions,
20 distribution shall be on a one-to-one basis.
21 (b) Qualifying matching contributions are those of
22 $250 or less from an individual, made after September 1 of the
23 calendar year prior to the election. Any contribution that is
24 a loan, is an in-kind contribution, is received from a
25 political committee or committee of continuous existence, or
26 is received from an individual who is not a state resident at
27 the time the contribution is made shall not be considered a
28 qualifying matching contribution. For purposes of this
29 paragraph, any person validly registered to vote in this state
30 shall be considered a state resident. Aggregate contributions
31 from an individual in excess of $250 will be matched only up
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1 to $250. A contribution from an individual, if made by check,
2 must be drawn on the personal bank account of the individual
3 making the contribution, as opposed to any form of business
4 account, regardless of whether the business account is for a
5 corporation, partnership, sole proprietorship, trust, or other
6 form of business arrangement. For contributions made by check
7 from a personal joint account, the match shall only be for the
8 individual who actually signs the check.
9 Section 49. Effective June 1, 2002, section 98.0975,
10 Florida Statutes, is repealed.
11 Section 50. Section 98.255, Florida Statutes, is
12 amended to read:
13 (Substantial rewording of section. See
14 s. 98.255, F.S., for present text.)
15 98.255 Voter-education programs.--
16 (1) By March 1, 2002, the Department of State shall
17 adopt rules prescribing minimum standards for nonpartisan
18 voter education. In developing the rules, the department shall
19 review current voter-education programs within each county of
20 the state. The standards shall address, but are not limited
21 to, the following subjects:
22 (a) Voter registration;
23 (b) Balloting procedures, absentee and polling place;
24 (c) Voter rights and responsibilities;
25 (d) Distribution of sample ballots; and
26 (e) Public service announcements.
27 (2) Each supervisor of elections shall implement the
28 minimum voter-education standards and shall conduct additional
29 nonpartisan education efforts as necessary to ensure that
30 voters have a working knowledge of the voting process.
31
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1 (3)(a) By December 15 of each general election year,
2 each supervisor of elections shall report to the Department of
3 State a detailed description of the voter-education programs
4 implemented and any other information that may be useful in
5 evaluating the effectiveness of voter-education efforts.
6 (b) The Department of State, upon receipt of such
7 information, shall prepare a public report on the
8 effectiveness of voter-education programs and shall submit the
9 report to the Governor, the President of the Senate, and the
10 Speaker of the House of Representatives by January 31 of each
11 year following a general election.
12 (c) The Department of State shall reexamine the rules
13 adopted pursuant to subsection (1) and consider the findings
14 in the report as a basis for adopting modified rules that
15 incorporate successful voter-education programs and
16 techniques, as necessary.
17 Section 51. Section 102.014, Florida Statutes, is
18 created to read:
19 102.014 Pollworker recruitment and training.--
20 (1) The supervisor of elections shall conduct training
21 for inspectors, clerks, and deputy sheriffs prior to each
22 primary, general, and special election for the purpose of
23 instructing such persons in their duties and responsibilities
24 as election officials. A certificate may be issued by the
25 supervisor of elections to each person completing such
26 training. No person shall serve as an inspector, clerk, or
27 deputy sheriff for an election unless such person has
28 completed the training as required. A clerk may not work at
29 the polls unless he or she demonstrates a working knowledge of
30 the laws and procedures relating to voter registration, voting
31
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1 system operation, balloting and polling place procedures, and
2 problem-solving and conflict-resolution skills.
3 (2) A person who has attended previous training
4 conducted within 2 years before the election may be appointed
5 by the supervisor to fill a vacancy on election day. If no
6 person with prior training is available to fill such vacancy,
7 the supervisor of elections may fill such vacancy in
8 accordance with the provisions of subsection (3) from among
9 persons who have not received the training required by this
10 section.
11 (3) In the case of absence or refusal to act on the
12 part of any inspector or clerk at any precinct on the day of
13 an election, the supervisor shall appoint a replacement who
14 meets the qualifications prescribed in section 102.012(2).
15 The inspector or clerk so appointed shall be a member of the
16 same political party as the clerk or inspector whom he or she
17 replaces.
18 (4) Each supervisor of elections shall be responsible
19 for training inspectors and clerks, subject to the following
20 minimum requirements:
21 (a) Each clerk shall receive four hours of training
22 biannually when not in a general election year, and two hours
23 of training quarterly in each general election year;
24 (b) Each inspector shall receive at least two hours of
25 training biannually when not in a general election year, and
26 one hour of training quarterly in each general election year.
27 (c) No clerk shall be entitled to work at the polls
28 unless he or she has had a minimum of six hours of training.
29 (d) No inspector shall work at the polls unless he or
30 she has had a minimum of three hours of training.
31
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1 (5) The Department of State shall create a uniform
2 polling place procedures manual and adopt the manual by rule.
3 Each supervisor of elections shall insure that the manual is
4 available in hard copy or electronic form in every precinct in
5 the supervisor's jurisdiction on election day. The manual
6 shall guide inspectors, clerks, and deputy sheriffs in the
7 proper implementation of election procedures and laws. The
8 manual shall be indexed by subject, and written in plain,
9 clear, unambiguous language. The manual shall provide
10 specific examples of common problems encountered at the polls
11 on election day, and detail specific procedures for resolving
12 those problems. The manual shall include, without limitation:
13 (a) Regulations governing solicitation by individuals
14 and groups at the polling place;
15 (b) Procedures to be followed with respect to voters
16 whose names are not on the precinct register;
17 (c) Proper operation of the voting system;
18 (d) Ballot handling procedures;
19 (e) Procedures governing spoiled ballots;
20 (f) Procedures to be followed after the polls close;
21 (g) Rights of voters at the polls;
22 (h) Procedures for handling emergency situations;
23 (i) Procedures for dealing with irate voters;
24 (j) The handling and processing of provisional
25 ballots; and
26 (k) Security procedures.
27
28 The Department of State shall revise the manual as necessary
29 to address new procedures in law or problems encountered by
30 voters and pollworkers at the precincts.
31
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1 (6) Supervisors of elections shall work with the
2 business and local community to develop public-private
3 programs to ensure the recruitment of skilled inspectors and
4 clerks.
5 Section 52. Subsections (8) and (9) of section
6 102.012, Florida Statutes, are repealed.
7 Section 53. Subsection (2) of section 102.021, Florida
8 Statutes, is amended to read:
9 102.021 Compensation of inspectors, clerks, and deputy
10 sheriffs.--
11 (2) Inspectors and clerks of election and deputy
12 sheriffs serving at the precincts may receive compensation and
13 travel expenses, as provided in s. 112.061, for attending the
14 pollworker training required by s. 102.014 102.012 (8).
15 Section 54. Section 101.031, Florida Statutes, is
16 amended to read:
17 101.031 Instructions for electors.--
18 (1) The Department of State, or in case of municipal
19 elections the governing body of the municipality, shall print,
20 in large type on cards, instructions for the electors to use
21 in voting. It shall provide not less than two cards for each
22 voting precinct for each election and furnish such cards to
23 each supervisor upon requisition. Each supervisor of
24 elections shall send a sufficient number of these cards to the
25 precincts prior to an election. The election inspectors shall
26 display the cards in the polling places as information for
27 electors. The cards shall contain information about how to
28 vote and such other information as the Department of State may
29 deem necessary. The cards must also include the list of rights
30 and responsibilities afforded to Florida voters, as described
31 in subsection (2).
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1 (2) The supervisor of elections in each county shall
2 have posted at each polling place in the county the Voter's
3 Bill of Rights and Responsibilities in the following form:
4 VOTER'S BILL OF RIGHTS
5 Each registered voter in this state has the right to:
6 1. Vote and have his or her vote accurately counted.
7 2. Cast a vote if he or she is in line when the polls
8 are closing.
9 3. Ask for and receive assistance in voting.
10 4. Up to two replacement ballots if he or she has
11 voted in error.
12 5. An explanation if his or her registration is in
13 question.
14 6. Cast a provisional ballot if his or her
15 registration is in question.
16 7. Prove his or her identity by signing an affidavit
17 if election officials doubt the voter's identity.
18 8. Written instructions to use when voting, and, upon
19 request, oral instructions in voting from elections officers.
20 9. Vote free from coercion or intimidation by
21 elections officers or any other person.
22 10. Vote on a voting system that is in working
23 condition and that will allow votes to be accurately cast.
24 VOTER RESPONSIBILITIES
25 Each registered voter in this state has the
26 responsibility to:
27 1. Study and know candidates and issues.
28 2. Keep his or her voter address current.
29 3. Know his or her precinct and its hours of
30 operation.
31 4. Bring proper identification to the polling station.
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1 5. Know how to operate voting equipment properly.
2 6. Treat precinct workers with courtesy.
3 7. Respect the privacy of other voters.
4 8. Report problems or violations of election law.
5 9. Ask questions when confused.
6 10. Check his or her completed ballot for accuracy.
7 (3) Nothing in this section shall give rise to a legal
8 cause of action.
9 (4)(2) In case any elector, after entering the voting
10 booth, shall ask for further instructions concerning the
11 manner of voting, two election officers who are not both
12 members of the same political party, if present, or, if not,
13 two election officers who are members of the same political
14 party, shall give such instructions to such elector, but no
15 officer or person assisting an elector shall in any manner
16 request, suggest, or seek to persuade or induce any elector to
17 vote for or against any particular ticket, candidate,
18 amendment, question, or proposition. After giving the elector
19 instructions and before the elector has voted, the officers or
20 persons assisting the elector shall retire, and such elector
21 shall vote in secret.
22 Section 55. If any provision of this act or the
23 application thereof to any person or circumstance is held
24 invalid, the invalidity shall not affect other provisions or
25 applications of the act which can be given effect without the
26 invalid provision or application, and to this end the
27 provisions of this act are declared severable.
28 Section 56. Except as otherwise provided herein, this
29 act shall take effect July 1, 2001.
30
31
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