Senate Bill sb1300c1

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    Florida Senate - 2002                           CS for SB 1300

    By the Committee on Ethics and Elections; and Senator Sebesta





    313-2042-02

  1                      A bill to be entitled

  2         An act relating to voter registration; amending

  3         s. 97.052, F.S.; authorizing the voter

  4         registration application to be reproduced;

  5         modifying information requested on the voter

  6         registration application; amending s. 97.057,

  7         F.S.; requiring the Department of Highway

  8         Safety and Motor Vehicles to forward unsigned

  9         voter registration applications to the

10         supervisors of elections; amending s. 97.058,

11         F.S.; modifying a voter registration agency's

12         duties with respect to incompleted voter

13         registration applications; amending s. 97.071,

14         F.S.; removing the requirement that the

15         supervisor of election's name appear on voter

16         identification cards; amending s. 97.1031,

17         F.S.; providing for electors to change their

18         address on the voter registration rolls by

19         telephonic or electronic means; amending s.

20         98.0977, F.S.; providing for the removal from

21         the registration rolls of the names of persons

22         convicted of a felony or adjudicated mentally

23         incompetent; providing for a hearing; providing

24         an effective date.

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

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28         Section 1.  Subsections (1) and (2) of section 97.052,

29  Florida Statutes, are amended to read:

30         97.052  Uniform statewide voter registration

31  application.--

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    Florida Senate - 2002                           CS for SB 1300
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  1         (1)  The department shall prescribe a uniform statewide

  2  voter registration application for use in this state.

  3         (a)  The uniform statewide voter registration

  4  application must be accepted for any one or more of the

  5  following purposes:

  6         1.  Initial registration.

  7         2.  Change of address.

  8         3.  Change of party affiliation.

  9         4.  Change of name.

10         5.  Replacement of voter registration identification

11  card.

12         (b)  The department is responsible for printing the

13  uniform statewide voter registration application and the voter

14  registration application form prescribed by the Federal

15  Election Commission pursuant to the National Voter

16  Registration Act of 1993. The applications and forms must be

17  distributed, upon request, to the following:

18         1.  Individuals seeking to register to vote.

19         2.  Individuals or groups conducting voter registration

20  programs. A charge of 1 cent per application shall be assessed

21  on requests for 10,000 or more applications.

22         3.  The Department of Highway Safety and Motor

23  Vehicles.

24         4.  Voter registration agencies.

25         5.  Armed forces recruitment offices.

26         6.  Qualifying educational institutions.

27         7.  Supervisors, who must make the applications and

28  forms available in the following manner:

29         a.  By distributing the applications and forms in their

30  offices to any individual or group.

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    Florida Senate - 2002                           CS for SB 1300
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  1         b.  By distributing the applications and forms at other

  2  locations designated by each supervisor.

  3         c.  By mailing the applications and forms to applicants

  4  upon the request of the applicant.

  5         (c)  The uniform statewide voter registration

  6  application may not be reproduced by any private individual or

  7  group. However, such reproductions must be in the same format

  8  as the uniform statewide application.

  9         (2)  The uniform statewide voter registration

10  application must be designed to elicit the following

11  information from the applicant:

12         (a)  Full name.

13         (b)  Date of birth.

14         (c)  Address of legal residence.

15         (d)  Mailing address, if different.

16         (e)  County of legal residence.

17         (f)  Address of property for which the applicant has

18  been granted a homestead exemption, if any.

19         (g)  Race or ethnicity that best describes the

20  applicant:

21         1.  American Indian or Alaskan Native.

22         2.  Asian or Pacific Islander.

23         3.  Black, not Hispanic.

24         4.  White, not Hispanic.

25         5.  Hispanic.

26         (h)  State or country of birth.

27         (i)(h)  Sex.

28         (j)(i)  Party affiliation.

29         (k)(j)  Whether the applicant needs assistance in

30  voting.

31         (l)(k)  Name and address where last registered.

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  1         (m)(l)  Last four digits of the applicant's social

  2  security number.

  3         (n)(m)  Florida driver's license number or the

  4  identification number from a Florida identification card

  5  issued under s. 322.051.

  6         (o)(n)  Telephone number (optional).

  7         (p)(o)  Signature of applicant under penalty for false

  8  swearing pursuant to s. 104.011, by which the person

  9  subscribes to the oath required by s. 3, Art. VI of the State

10  Constitution and s. 97.051, and swears or affirms that the

11  information contained in the registration application is true.

12         (q)(p)  Whether the application is being used for

13  initial registration, to update a voter registration record,

14  or to request a replacement registration identification card.

15         (r)(q)  Whether the applicant is a citizen of the

16  United States.

17         (s)(r)  That the applicant has not been convicted of a

18  felony or, if convicted, has had his or her civil rights

19  restored.

20         (t)(s)  That the applicant has not been adjudicated

21  mentally incapacitated with respect to voting or, if so

22  adjudicated, has had his or her right to vote restored.

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24  The registration form must be in plain language and designed

25  so that convicted felons whose civil rights have been restored

26  and persons who have been adjudicated mentally incapacitated

27  and have had their voting rights restored are not required to

28  reveal their prior conviction or adjudication.

29         Section 2.  Subsection (2) of section 97.057, Florida

30  Statutes, is amended to read:

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    Florida Senate - 2002                           CS for SB 1300
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  1         97.057  Voter registration by the Department of Highway

  2  Safety and Motor Vehicles.--

  3         (2)  The Department of Highway Safety and Motor

  4  Vehicles shall:

  5         (a)  Notify each individual, orally or in writing,

  6  that:

  7         1.  Information gathered for the completion of a

  8  driver's license or identification card application, renewal,

  9  or change of address can be automatically transferred to a

10  voter registration application;

11         2.  If additional information and a signature are

12  provided, the voter registration application will be completed

13  and sent to the proper election authority;

14         3.  Information provided can also be used to update a

15  voter registration record;

16         4.  All declinations will remain confidential and may

17  be used only for voter registration purposes; and

18         5.  The particular driver license office in which the

19  person applies to register to vote or updates a voter

20  registration record will remain confidential and may be used

21  only for voter registration purposes.

22         (b)  Require a driver's license examiner to inquire

23  orally, or inquire in writing if the applicant is hearing

24  impaired, and whether the applicant wishes to register to vote

25  or update a voter registration record during the completion of

26  a driver's license or identification card application,

27  renewal, or change of address.

28         1.  If the applicant chooses to register to vote or to

29  update a voter registration record:

30         a.  All applicable information received by the

31  Department of Highway Safety and Motor Vehicles in the course

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  1  of filling out the forms necessary under subsection (1) must

  2  be transferred to a voter registration application;

  3         b.  The additional necessary information must be

  4  obtained by the driver's license examiner and must not

  5  duplicate any information already obtained while completing

  6  the forms required under subsection (1); and

  7         c.  A voter registration application with all of the

  8  applicant's voter registration information must be presented

  9  to the applicant to sign.

10         2.  If the applicant declines to register to vote,

11  update the applicant's voter registration record, or change

12  the applicant's address by either orally declining or by

13  failing to sign the voter registration application, the

14  Department of Highway Safety and Motor Vehicles must keep the

15  declination for 2 years. The department shall forward any

16  unsigned voter registration application to the appropriate

17  supervisor of elections within 5 days after receipt.

18         Section 3.  Subsection (7) of section 97.058, Florida

19  Statutes, is amended to read:

20         97.058  Voter registration agencies.--

21         (7)  A voter registration agency must retain

22  declinations for a period of 2 years, during which time the

23  declinations are not considered a record of the client

24  pursuant to the laws governing the agency's records. However,

25  a voter registration agency must forward a copy of each

26  incompleted voter registration application within 5 days after

27  receipt to the appropriate supervisor of elections.

28         Section 4.  Subsection (1) of section 97.071, Florida

29  Statutes, is amended to read:

30         97.071  Registration identification card.--

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    Florida Senate - 2002                           CS for SB 1300
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  1         (1)  A registration identification card must be

  2  furnished to all voters registering under the permanent single

  3  registration system and must contain:

  4         (a)  Voter's registration number.

  5         (b)  Date of registration.

  6         (c)  Full name.

  7         (d)  Party affiliation.

  8         (e)  Date of birth.

  9         (f)  Race or ethnicity, if provided by the applicant.

10         (g)  Sex, if provided by the applicant.

11         (h)  Address of legal residence.

12         (i)  Precinct number.

13         (j)  Name Signature of supervisor.

14         (k)  Place for voter's signature.

15         (l)  Other information deemed necessary by the

16  department.

17         Section 5.  Subsection (1) of section 97.1031, Florida

18  Statutes, is amended to read:

19         97.1031  Notice of change of residence within the same

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

21         (1)  When an elector moves from the address named on

22  that person's voter registration record to another address

23  within the same county, the elector must notify provide a

24  signed, written notification of such move to the supervisor

25  and obtain a registration identification card reflecting the

26  new address of legal residence. Notification may be made by a

27  signed, written notice, or by telephonic or electronic means,

28  in which case the elector's birthdate must be included.

29         Section 6.  Subsection (3) of section 98.0977, is

30  amended to read:

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    Florida Senate - 2002                           CS for SB 1300
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  1         98.0977  Statewide voter registration database;

  2  development and maintenance.--

  3         (3)(a)  In administering the database, each supervisor

  4  of elections shall compare registration information provided

  5  by a voter with information held by the Department of Law

  6  Enforcement, the Board of Executive Clemency, the Office of

  7  Vital Statistics, and other relevant sources.

  8         (b)  The supervisor of elections shall remove from the

  9  registration rolls the name of any deceased person.

10         (c)  Information on the statewide voter registration

11  database which indicates that a voter in one county has

12  subsequently registered to vote in another shall be considered

13  a written request to have the voter's name removed from the

14  registration rolls of the first county, and the supervisor

15  shall remove that voter's name from the rolls.

16         (d)  If the supervisor of elections finds information

17  that suggests that a voter has been convicted of a felony and

18  has not had his or her civil rights restored or has been

19  adjudicated mentally incompetent and has not had his or her

20  right to vote restored is ineligible to register to vote, the

21  supervisor of elections shall notify the voter by certified

22  United States mail.  The notification shall contain a

23  statement concerning as to the reason for the voter's

24  potential ineligibility to register to vote and shall request

25  information from the voter on forms provided by the supervisor

26  of elections in order to make a final determination on the

27  voter's eligibility.

28         e.  As an alternative, the voter may attend a hearing

29  at a time and place specified in the notice. If there is

30  evidence that the notice was not received, notice must be

31  given once by publication in a newspaper of general

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    Florida Senate - 2002                           CS for SB 1300
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  1  circulation in the county. The notice must plainly state that

  2  the voter is potentially ineligible to be registered to vote

  3  and must state a time and place for the person to appear to

  4  show cause why his or her name should not be removed from the

  5  voter registration rolls. After reviewing the information

  6  requested by the supervisor of elections and provided by the

  7  voter, if the supervisor of elections determines that the

  8  voter is not eligible to vote under the laws of this state,

  9  the supervisor of elections shall notify the voter by

10  certified United States mail that he or she has been found

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

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

13  he or she has been will be removed from the voter registration

14  rolls. The supervisor shall remove from the voter registration

15  rolls the name of any voter who fails to respond within 30

16  days to the notice sent by certified mail or to attend the

17  hearing.

18         1.  Upon hearing all evidence, the supervisor must

19  determine whether there is sufficient evidence to strike the

20  person's name from the registration books. If the supervisor

21  determines that there is sufficient evidence, he or she must

22  strike the name.

23         2.  Appeal may be taken to the circuit court in the

24  county where the person was registered. Notice of appeal must

25  be filed within the time and in the manner provided by the

26  Florida Rules of Appellate Procedure and acts as supersedeas.

27  Trial in the circuit court is de novo and governed by the

28  rules of that court. Unless the person shows that his or her

29  name was erroneously or illegally stricken from the

30  registration books or that he or she is indigent, the person

31  must bear the costs of the trial in the circuit court.

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    Florida Senate - 2002                           CS for SB 1300
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  1  Otherwise, the cost of the appeal must be paid by the board of

  2  county commissioners.

  3         Section 7.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1300

  8

  9  The committee substitute differs from the original bill in
    that it: Revises the statewide voter registration application
10  to elicit the state or country of birth of the applicant and
    requires voter registration agencies to forward incompleted
11  voter registration applications to the appropriate supervisors
    of elections within 5 days after receipt.
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