Senate Bill sb1928

    Florida Senate - 2001                                  SB 1928

    By Senators Campbell, Dawson and Lawson





    41-528-01

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         98.097, F.S.; requiring that the central voter

  4         file administered by the Division of Elections

  5         of the Department of State immediately reflect

  6         changes to information in the file and that

  7         such changes be immediately available statewide

  8         to users of the file; amending s. 102.111,

  9         F.S.; prohibiting members of the Elections

10         Canvassing Commission from affiliating with a

11         political candidate or political campaign;

12         requiring the commission to certify election

13         returns on the date set by federal law for

14         certification of overseas absentee ballots;

15         requiring the Department of State to develop an

16         expedited process for certifying voting

17         machinery and a procedure for accepting,

18         handling, and counting provisional ballots;

19         providing that every voter is entitled to have

20         a provisional ballot; providing an effective

21         date.

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

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25         Section 1.  Section 98.097, Florida Statutes, is

26  amended to read:

27         98.097  Central voter file; administration by division;

28  public access.--

29         (1)  There is hereby established a central voter file,

30  to be administered by the division, which shall be a

31  statewide, centrally maintained database containing the voter

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    Florida Senate - 2001                                  SB 1928
    41-528-01




  1  registration information of all counties in this state. The

  2  central voter file must be a real-time voter file that

  3  reflects any change to the information in the file immediately

  4  upon receipt and makes such information immediately available

  5  statewide to the users of the voter file.

  6         (2)  All voter registration records and other

  7  information in the central voter file, excluding any

  8  information that is confidential or exempt from public records

  9  requirements, shall be considered public records for the

10  purposes of chapter 119.

11         (3)  The central voter file shall be self-sustaining.

12         Section 2.  Subsection (1) of section 102.111, Florida

13  Statutes, is amended to read:

14         102.111  Elections Canvassing Commission.--

15         (1)  Immediately after certification of any election by

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

17  the Department of State concerning the election of any federal

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

19  the Director of the Division of Elections shall be the

20  Elections Canvassing Commission. No member of the commission

21  may be affiliated with a candidate for office or a political

22  campaign. The Elections Canvassing Commission shall, as soon

23  as the official results are compiled from all counties,

24  certify the returns of the election on the date set by federal

25  law for certification of overseas absentee ballots, and

26  determine and declare who has been elected for each office. In

27  the event that any member of the Elections Canvassing

28  Commission is unavailable to certify the returns of any

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

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

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

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    Florida Senate - 2001                                  SB 1928
    41-528-01




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

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

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

  4         Section 3.  The Department of State shall develop an

  5  expedited process for certifying voting machinery.

  6         Section 4.  Every voter is entitled to have a

  7  provisional ballot. The Department of State shall, by rule,

  8  provide a procedure for accepting, handling, and counting

  9  provisional ballots.

10         Section 5.  This act shall take effect July 1, 2001.

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13                          SENATE SUMMARY

14    Provides that the central voter file administered by the
      Division of Elections of the Department of State must
15    immediately reflect changes to information in the file
      and that such changes must be available immediately
16    statewide to users of the file. Prohibits members of the
      Elections Canvassing Commission from affiliating with a
17    political candidate or political campaign. Requires the
      commission to certify election returns on the date set by
18    federal law for certification of overseas ballots.
      Requires the department to develop an expedited process
19    for certifying voting machines, and a procedure for
      accepting, handling, and counting provisional ballots.
20    Provides that every voter has a right to have a
      provisional ballot.
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