House Bill hb1645

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    Florida House of Representatives - 2002                HB 1645

        By Representative Crow






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; defining the term "alternative

  4         formats" for purposes of the Florida Election

  5         Code; creating s. 97.026, F.S.; requiring that

  6         certain forms used under the code be made

  7         available in alternative formats; requiring the

  8         Secretary of State to make such forms available

  9         via the Internet if possible; creating s.

10         97.1035, F.S.; requiring certain elections

11         staff to have and be trained in the use of a

12         TTY/TDD device; requiring the supervisors of

13         elections to certify such training to the

14         Secretary of State; amending s. 98.065, F.S.;

15         requiring that the maintenance of voter

16         registration records be nondiscriminatory with

17         respect to persons having a disability;

18         creating s. 98.122, F.S.; requiring candidates,

19         political parties, and political committees to

20         use closed captioning and descriptive narrative

21         in all television broadcasts; requiring the

22         Department of State to adopt rules establishing

23         penalties for noncompliance; amending ss.

24         100.361 and 100.371, F.S.; requiring that a

25         recall petition, a constitutional amendment

26         proposed by initiative, and other papers and

27         forms be available in alternative formats;

28         amending s. 101.001, F.S.; requiring that

29         entrances, polling areas, paths of travel, and

30         exits be accessible to persons having a

31         disability; amending s. 101.017, F.S.;

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  1         requiring that the Bureau of Voting Systems

  2         Certification cooperate and consult with the

  3         Disability Advisory Council; creating s.

  4         101.018, F.S.; creating the Disability Advisory

  5         Council within the Department of State;

  6         providing for membership of the council;

  7         specifying duties of the council; providing for

  8         terms of office; providing that council members

  9         are entitled to reimbursement for per diem and

10         travel expenses; providing for meetings of the

11         council; amending s. 101.031, F.S.; providing

12         that a voter has the right to vote on a voting

13         system that is accessible to all voters,

14         regardless of disability; repealing s.

15         101.051(4) and (5), F.S., relating to an oath

16         required from an elector requesting assistance

17         in voting; amending ss. 97.061 and 101.655,

18         F.S.; removing references to the oath, to

19         conform; repealing s. 104.031, F.S., relating

20         to the crime of false declaration to secure

21         assistance in preparing ballot, to conform;

22         amending s. 101.51, F.S.; abolishing

23         limitations on the length of time a voter is

24         allowed to occupy a voting booth or

25         compartment; creating s. 101.56062, F.S.;

26         providing standards for accessible voting

27         systems; prohibiting the use of state or

28         federal funds for a voting system or system

29         components that do not meet the accessibility

30         standards; requiring that a county or

31         municipality purchase or lease equipment to

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  1         comply with accessibility requirements;

  2         providing legislative intent with respect to

  3         meeting or exceeding minimum federal

  4         requirements for voting systems and

  5         accessibility of polling places; creating s.

  6         101.662, F.S.; requiring the Department of

  7         State to adopt procedures to allow absentee

  8         ballots in alternative formats; amending s.

  9         101.71, F.S.; authorizing supervisors of

10         elections to move a polling place that does not

11         comply with requirements for accessibility;

12         amending s. 101.715, F.S.; requiring that all

13         polling places be accessible by persons having

14         a disability; providing for standards that are

15         required at each polling place; requiring the

16         supervisors of elections to survey polling

17         places; providing that a resident has standing

18         to sue the board of county commissioners to

19         require that a polling place comply with

20         accessibility requirements; requiring the

21         Department of State to adopt rules imposing

22         penalties on counties that fail to correct

23         deficiencies in accessibility; providing for

24         exemptions; amending s. 102.014, F.S.;

25         requiring the Department of State to develop a

26         training program for poll workers concerning

27         voters having a disability; providing

28         requirements for the program; requiring

29         supervisors of elections to certify completion

30         of the program by poll workers; amending s.

31         104.20, F.S., relating to penalties imposed

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  1         against an elector for remaining in a voting

  2         booth longer than the specified time;

  3         conforming provisions to changes made by the

  4         act; amending s. 125.01, F.S., relating to

  5         powers of the governing body of a county;

  6         conforming a cross reference to changes made by

  7         the act; providing effective dates.

  8

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

10

11         Section 1.  Subsections (2) through (36) of section

12  97.021, Florida Statutes, are renumbered as subsections (3)

13  through (37), respectively, and a new subsection (2) is added

14  to that section, to read:

15         97.021  Definitions.--For the purposes of this code,

16  except where the context clearly indicates otherwise, the

17  term:

18         (2)  "Alternative formats" has the meaning ascribed in

19  the Americans with Disabilities Act of 1990, Pub. L. No.

20  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

21  the technical-assistance manuals promulgated thereunder, as

22  amended.

23         Section 2.  Effective September 2, 2002, subsections

24  (2), (35), and (36) of section 97.021, Florida Statutes, as

25  amended by section 2 of chapter 2001-40, Laws of Florida, are

26  renumbered as subsections (3), (36), and (37), respectively,

27  to read:

28         97.021  Definitions.--For the purposes of this code,

29  except where the context clearly indicates otherwise, the

30  term:

31

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  1         (3)(2)  "Ballot" or "official ballot" when used in

  2  reference to:

  3         (a)  "Paper ballots" means that printed sheet of paper,

  4  used in conjunction with an electronic or electromechanical

  5  vote tabulation voting system, containing the names of

  6  candidates, or a statement of proposed constitutional

  7  amendments or other questions or propositions submitted to the

  8  electorate at any election, on which sheet of paper an elector

  9  casts his or her vote.

10         (b)  "Electronic or electromechanical devices" means a

11  ballot that is voted by the process of electronically

12  designating, including by touchscreen, or marking with a

13  marking device for tabulation by automatic tabulating

14  equipment or data processing equipment.

15         (36)(35)  "Voting booth" or "booth" means that booth or

16  enclosure wherein an elector casts his or her ballot for

17  tabulation by an electronic or electromechanical device.

18         (37)(36)  "Voting system" means a method of casting and

19  processing votes that functions wholly or partly by use of

20  electromechanical or electronic apparatus or by use of paper

21  ballots and includes, but is not limited to, the procedures

22  for casting and processing votes and the programs, operating

23  manuals, tabulating cards, printouts, and other software

24  necessary for the system's operation.

25         Section 3.  Section 97.026, Florida Statutes, is

26  created to read:

27         97.026  Forms to be available in alternative formats

28  and via Internet.--All forms required to be used under

29  chapters 97-106, including absentee ballots, must be made

30  available, upon request, in alternative formats. If possible,

31  such forms must be made available by the Department of State

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  1  via the Internet. Sections that contain such forms include,

  2  but are not limited to, ss. 97.052, 97.053, 97.057, 97.058,

  3  97.0583, 97.061, 97.071, 97.073, 97.1031, 98.055, 98.075,

  4  99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103,

  5  101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and

  6  106.087.

  7         Section 4.  Subsection (3) of section 97.061, Florida

  8  Statutes, is amended to read:

  9         97.061  Special registration for electors requiring

10  assistance.--

11         (3)  Upon registering any person pursuant to this

12  section, the supervisor must make a notation on the

13  registration books or records which are delivered to the polls

14  on election day that such person is eligible for assistance in

15  voting, and the supervisor may issue such person a special

16  registration identification card or make some notation on the

17  regular registration identification card that such person is

18  eligible for assistance in voting. Such person shall be

19  entitled to receive the assistance of two election officials

20  or some other person of his or her own choice, other than the

21  person's employer, the agent of the person's employer, or an

22  officer or agent of the person's union, without the necessity

23  of executing the "Declaration to Secure Assistance" prescribed

24  in s. 101.051. Such person shall notify the supervisor of any

25  change in his or her condition which makes it unnecessary for

26  him or her to receive assistance in voting.

27         Section 5.  Section 97.1035, Florida Statutes, is

28  created to read:

29         97.1035  Certification of TTY/TDD device by supervisors

30  of elections; training of staff.--Each supervisor of elections

31  shall, at least annually, certify to the Secretary of State

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  1  that all branches of the supervisor's office have a

  2  functioning TTY/TDD device so that persons who are

  3  hearing-impaired can communicate with the supervisor's office,

  4  and shall certify that all members of the supervisor's staff

  5  whose duties include communicating with the public are trained

  6  to use the TTY/TDD device.

  7         Section 6.  Subsection (1) of section 98.065, Florida

  8  Statutes, is amended to read:

  9         98.065  Registration list maintenance programs.--

10         (1)  The supervisor must conduct a general registration

11  list maintenance program to protect the integrity of the

12  electoral process by ensuring the maintenance of accurate and

13  current voter registration records. The program must be

14  uniform, nondiscriminatory, and in compliance with the Voting

15  Rights Act of 1965. As used in this subsection, the term

16  "nondiscriminatory" applies to and includes persons with

17  disabilities.

18         Section 7.  Section 98.122, Florida Statutes, is

19  created to read:

20         98.122  Use of closed captioning and descriptive

21  narrative in all television broadcasts.--Each candidate,

22  political party, and political committee must use closed

23  captioning and descriptive narrative in all television

24  broadcasts on behalf of, or sponsored by, a candidate,

25  political party, or political committee, or file a written

26  statement with the Division of Elections of the Department of

27  State setting forth the reasons for not doing so. The

28  Department of State shall adopt rules to establish and enforce

29  penalties for failing to file such a statement. The Department

30  of State may adopt rules in accordance with s. 120.54

31  necessary to administer this section.

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  1         Section 8.  Paragraphs (a) and (d) of subsection (1) of

  2  section 100.361, Florida Statutes, are amended to read:

  3         100.361  Municipal recall.--

  4         (1)  RECALL PETITION.--Any member of the governing body

  5  of a municipality or charter county, hereinafter referred to

  6  in this section as "municipality," may be removed from office

  7  by the electors of the municipality.  When the official

  8  represents a district and is elected only by electors residing

  9  in that district, only electors from that district are

10  eligible to sign the petition to recall that official and are

11  entitled to vote in the recall election. When the official

12  represents a district and is elected at-large by the electors

13  of the municipality, all electors of the municipality are

14  eligible to sign the petition to recall that official and are

15  entitled to vote in the recall election. Where used in this

16  section, the term "district" shall be construed to mean the

17  area or region of a municipality from which a member of the

18  governing body is elected by the electors from such area or

19  region.  Members may be removed from office by the following

20  procedure:

21         (a)  A petition shall be prepared naming the person

22  sought to be recalled and containing a statement of grounds

23  for recall in not more than 200 words limited solely to the

24  grounds specified in paragraph (b).  If more than one member

25  of the governing body is sought to be recalled, whether such

26  member is elected by the electors of a district or by the

27  electors of the municipality at-large, a separate recall

28  petition shall be prepared for each member sought to be

29  recalled. Upon request, a petition must be provided in

30  alternative formats.

31

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  1         1.  In a municipality or district of fewer than 500

  2  electors, the petition shall be signed by at least 50 electors

  3  or by 10 percent of the total number of registered electors of

  4  the municipality or district as of the preceding municipal

  5  election, whichever is greater.

  6         2.  In a municipality or district of 500 or more but

  7  fewer than 2,000 registered electors, the petition shall be

  8  signed by at least 100 electors or by 10 percent of the total

  9  number of registered electors of the municipality or district

10  as of the preceding municipal election, whichever is greater.

11         3.  In a municipality or district of 2,000 or more but

12  fewer than 5,000 registered electors, the petition shall be

13  signed by at least 250 electors or by 10 percent of the total

14  number of registered electors of the municipality or district

15  as of the preceding municipal election, whichever is greater.

16         4.  In a municipality or district of 5,000 or more but

17  fewer than 10,000 registered electors, the petition shall be

18  signed by at least 500 electors or by 10 percent of the total

19  number of registered electors of the municipality or district

20  as of the preceding municipal election, whichever is greater.

21         5.  In a municipality or district of 10,000 or more but

22  fewer than 25,000 registered electors, the petition shall be

23  signed by at least 1,000 electors or by 10 percent of the

24  total number of registered electors of the municipality or

25  district as of the preceding municipal election, whichever is

26  greater.

27         6.  In a municipality or district of 25,000 or more

28  registered electors, the petition shall be signed by at least

29  1,000 electors or by 5 percent of the total number of

30  registered electors of the municipality or district as of the

31  preceding municipal election, whichever is greater.

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  1

  2  Electors of the municipality or district making charges

  3  contained in the statement of grounds for recall and those

  4  signing the recall petition shall be designated as the

  5  "committee."  A specific person shall be designated in the

  6  petition as chair of the committee to act for the committee.

  7  Electors of the municipality or district are eligible to sign

  8  the petition. Signatures and oaths of witnesses shall be

  9  executed as provided in paragraph (c).  All signatures shall

10  be obtained within a period of 30 days, and the petition shall

11  be filed within 30 days after the date the first signature is

12  obtained on the petition.

13         (d)  The petition shall be filed with the auditor or

14  clerk of the municipality or charter county, or his or her

15  equivalent, hereinafter referred to as clerk, by the person

16  designated as chair of the committee, and, when the petition

17  is filed, the clerk shall submit such petition to the county

18  supervisor of elections who shall, within a period of not more

19  than 30 days after the petition is filed with the supervisor,

20  determine whether the petition contains the required valid

21  signatures.  The petition cannot be amended after it is filed

22  with the clerk.  The supervisor shall be paid by the persons

23  or committee seeking verification the sum of 10 cents for each

24  name checked. Upon filing with the clerk, the petition and all

25  subsequent papers or forms required or permitted to be filed

26  with the clerk in connection with this section must, upon

27  request, be made available in alternative formats.

28         Section 9.  Subsection (3) of section 100.371, Florida

29  Statutes, is amended to read:

30         100.371  Initiatives; procedure for placement on

31  ballot.--

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  1         (3)  The sponsor of an initiative amendment shall,

  2  prior to obtaining any signatures, register as a political

  3  committee pursuant to s. 106.03 and submit the text of the

  4  proposed amendment to the Secretary of State, with the form on

  5  which the signatures will be affixed, and shall obtain the

  6  approval of the Secretary of State of such form.  The

  7  Secretary of State shall adopt promulgate rules pursuant to s.

  8  120.54 prescribing the style and requirements of such form.

  9  Upon filing with the Secretary of State, the text of the

10  proposed amendment and all forms filed in connection with this

11  section must, upon request, be made available in alternative

12  formats.

13         Section 10.  Subsection (1) of section 101.001, Florida

14  Statutes, is amended to read:

15         101.001  Precincts and polling places; boundaries.--

16         (1)  The board of county commissioners in each county,

17  upon recommendation and approval of the supervisor, shall

18  alter or create precincts for voting in the county. Each

19  precinct shall be numbered and, as nearly as practicable,

20  composed of contiguous and compact areas. The supervisor shall

21  designate a polling place at a suitable location within each

22  precinct. The precinct shall not be changed thereafter except

23  with the consent of the supervisor and a majority of the

24  members of the board of county commissioners. The board of

25  county commissioners and the supervisor may have precinct

26  boundaries conform to municipal boundaries in accordance with

27  the provisions of s. 101.002, but, in any event, the

28  registration books shall be maintained in such a manner that

29  there may be determined therefrom the total number of electors

30  in each municipality. All entrances, polling areas, paths of

31  travel, and exits from each polling place, regardless of the

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  1  age or function of the building, must be accessible in

  2  accordance with the provisions of ss. 553.501-553.513.

  3         Section 11.  Section 101.017, Florida Statutes, is

  4  amended to read:

  5         101.017  Bureau of Voting Systems Certification.--There

  6  is created a Bureau of Voting Systems Certification within the

  7  Division of Elections of the Department of State which shall

  8  provide technical support to the supervisors of elections and

  9  which is responsible for voting system standards and

10  certification. The bureau shall cooperate and consult with the

11  Disability Advisory Council as provided in s. 101.018. The

12  positions necessary for the bureau to accomplish its duties

13  shall be established through the budgetary process.

14         Section 12.  Section 101.018, Florida Statutes, is

15  created to read:

16         101.018  Disability Advisory Council.--There is created

17  the Disability Advisory Council within the Department of

18  State. The Secretary of State shall appoint the members of the

19  Disability Advisory Council, which shall consist of nine

20  persons, all of whom must be knowledgeable in the area of

21  voting accessibility for persons having a disability, and a

22  majority of whom must be persons having a disability. The

23  membership must include a representative who is

24  hearing-impaired, a representative who is blind, a

25  representative who has developmental disabilities, and a

26  representative who has physical disabilities.

27         (1)  The council shall:

28         (a)  Advise and consult with the Bureau of Voting

29  Systems Certification of the Division of Elections concerning

30  the implementation of accessibility standards for voting

31

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  1  systems and polling places, as such standards currently exist

  2  or as subsequently adopted.

  3         (b)  Test the accessibility of new voting systems,

  4  voting system components, and modules.

  5         (c)  Advise the Division of Elections on methods and

  6  means to increase election participation by persons having a

  7  disability.

  8         (d)  Develop an accessibility survey for use by all

  9  supervisors of elections to determine compliance with the

10  accessibility standards for polling places.

11         (e)  Recommend to the Secretary of State standards for

12  exemptions from the application of the accessibility standards

13  for polling places provided in s. 101.715.

14         (f)  Recommend to the Secretary of State penalties to

15  be imposed by the Department of State for noncompliance with

16  the accessibility standards for polling places provided in s.

17  101.715.

18         (g)  Study and report to the Secretary of State, on an

19  ongoing basis, concerning voting via use of the Internet.

20         (h)  Study and report to the Secretary of State on

21  voting using telephones or telephone components, including

22  TTY/TDD. It is the intent of the Legislature that the

23  inclusion of this study as a function of the Disability

24  Advisory Council not prevent or delay the certification of any

25  voting system that uses telephones or telephone components

26  that are otherwise certifiable before the study.

27         (i)  Study and report to the Secretary of State on

28  whether the 5 pounds of force required to operate or activate

29  the controls on any voting system, as required in s.

30  101.56062, is low enough for persons who have limited strength

31  in their hands or fingers, including the elderly.

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  1         (j)  Compare the accessibility standards set forth in

  2  ss. 101.56062 and 101.715 with the voluntary Voting Systems

  3  Standards adopted by the Federal Elections Commission, and

  4  report to the Secretary of State on the results of the

  5  comparison.

  6         (k)  Study and report to the Secretary of State, on an

  7  ongoing basis, concerning the accessibility of absentee

  8  ballots to voters having a disability. It is the intent of the

  9  Legislature that all means of voting in this state, including

10  voting by absentee ballot, be fully accessible to voters

11  having a disability.

12         (l)  Perform any additional functions deemed

13  appropriate by the Secretary of State relating to voting

14  accessibility by persons having a disability.

15         (2)  The terms for the first three council members

16  appointed after the effective date of this section shall be

17  for 4 years, the terms for the next three council members

18  appointed shall be for 3 years, and the terms for the next

19  three members shall be for 2 years. Thereafter, all council

20  member appointments shall be for terms of 4 years. A council

21  member may not serve more than two 4-year terms after the

22  effective date of this section. Any member of the council may

23  be replaced by the Secretary of State after three unexcused

24  absences.

25         (3)  Members of the council shall serve without

26  compensation but are entitled to reimbursement for per diem

27  and travel expenses as provided by s. 112.061.

28         (4)  The council shall meet at least four times per

29  year, at a time and place to be determined by the council, but

30  may meet more often when the council considers it necessary to

31  do so.

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  1         Section 13.  Subsection (2) of section 101.031, Florida

  2  Statutes, is amended to read:

  3         101.031  Instructions for electors.--

  4         (2)  The supervisor of elections in each county shall

  5  have posted at each polling place in the county the Voter's

  6  Bill of Rights and Responsibilities in the following form:

  7

  8                      VOTER'S BILL OF RIGHTS

  9

10         Each registered voter in this state has the right to:

11         1.  Vote and have his or her vote accurately counted.

12         2.  Cast a vote if he or she is in line when the polls

13  are closing.

14         3.  Ask for and receive assistance in voting.

15         4.  Receive up to two replacement ballots if he or she

16  makes a mistake prior to the ballot being cast.

17         5.  An explanation if his or her registration is in

18  question.

19         6.  If his or her registration is in question, cast a

20  provisional ballot.

21         7.  Prove his or her identity by signing an affidavit

22  if election officials doubt the voter's identity.

23         8.  Written instructions to use when voting, and, upon

24  request, oral instructions in voting from elections officers.

25         9.  Vote free from coercion or intimidation by

26  elections officers or any other person.

27         10.  Vote on a voting system that is in working

28  condition; and that will allow votes to be accurately cast;

29  and that is accessible to all voters, regardless of ability or

30  disability, so that all voters may cast a vote that is secret,

31  independent, and verifiable.

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  1

  2                      VOTER RESPONSIBILITIES

  3

  4         Each registered voter in this state has the

  5  responsibility to:

  6         1.  Study and know candidates and issues.

  7         2.  Keep his or her voter address current.

  8         3.  Know his or her precinct and its hours of

  9  operation.

10         4.  Bring proper identification to the polling station.

11         5.  Know how to operate voting equipment properly.

12         6.  Treat precinct workers with courtesy.

13         7.  Respect the privacy of other voters.

14         8.  Report problems or violations of election law.

15         9.  Ask questions when confused.

16         10.  Check his or her completed ballot for accuracy.

17         Section 14.  Subsections (4) and (5) of section

18  101.051, Florida Statutes, are repealed.

19         Section 15.  Section 101.51, Florida Statutes, is

20  amended to read:

21         101.51  Electors to occupy booth alone; time allowed.--

22         (1)  When the elector presents himself or herself to

23  vote, the election official shall ascertain whether the

24  elector's name is upon the register of electors, and, if the

25  elector's name appears and no challenge interposes, or, if

26  interposed, be not sustained, one of the election officials

27  stationed at the entrance shall announce the name of the

28  elector and permit him or her to enter the booth or

29  compartment to cast his or her vote, allowing only one elector

30  at a time to pass through to vote.  No elector, while casting

31  his or her ballot, may shall occupy a booth or compartment

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  1  longer than 5 minutes or be allowed to occupy a booth or

  2  compartment already occupied or to speak with anyone, except

  3  as provided by s. 101.051, while in the polling place.

  4         (2)  If an elector requires longer than 5 minutes, then

  5  upon a sufficient reason he or she may be granted a longer

  6  period of time by the election officials in charge.  After

  7  casting his or her vote, the elector shall at once leave the

  8  polling room by the exit opening and shall not be permitted to

  9  reenter on any pretext whatever.  After the elector has voted,

10  or declined or failed to vote within 5 minutes, he or she

11  shall immediately withdraw from the polling place.  If the

12  elector refuses to leave after the lapse of 5 minutes, he or

13  she shall be removed by the election officials.

14         Section 16.  Effective upon this act becoming a law,

15  section 101.56062, Florida Statutes, is created to read:

16         101.56062  Standards for accessible voting systems.--

17         (1)  Notwithstanding anything in this chapter to the

18  contrary, each voting system selected and used for local,

19  state, or federal elections must be accessible and usable by

20  all voters, including voters having a disability. Each system

21  must comply with the following minimum standards:

22         (a)  The voting system must provide a tactile-input or

23  speech-input device, or both.

24         (b)  The voting system must provide a method by which

25  voters can confirm any tactile or audio input by having the

26  capability of audio output using synthetic or recorded human

27  speech that is reasonably phonetically accurate.

28         (c)  Any operable controls on the input device which

29  are needed for voters who are visually impaired must be

30  discernable tactilely without actuating the keys.

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  1         (d)  Any audio and visual access approaches must be

  2  able to work both separately and simultaneously.

  3         (e)  If a nonaudio access approach is provided, the

  4  system may not require color perception. The system must use

  5  black text or graphics, or both, on white background or white

  6  text or graphics, or both, on black background, unless the

  7  office of the Secretary of State approves other high-contrast

  8  color combinations that do not require color perception.

  9         (f)  Any voting system that requires any visual

10  perception must offer the election official who programs the

11  system, prior to its being sent to the polling place, the

12  capability to set the font size from a minimum of 14 points to

13  a maximum of 24 points.

14         (g)  The voting system must provide audio information,

15  including any audio output using synthetic or recorded human

16  speech or any auditory feedback tones that are important for

17  the use of the audio approach, through at least one mode, by

18  handset or headset, in enhanced auditory fashion (increased

19  amplification), and must provide incremental volume control

20  with output amplification up to a level of at least 97 dB SPL,

21  with at least one intermediate step of 89 dB SPL.

22         (h)  For transmitted voice signals, the voting system

23  must provide a gain adjustable up to a minimum of 20 dB with

24  at least one intermediate step of 12 dB of gain.

25         (i)  For the safety of others, if the voting system has

26  the possibility of exceeding 120 dB SPL, a mechanism must be

27  included to reset the volume automatically to a safe level

28  after every use or when the handset is replaced, but not

29  before. Also, universal precautions in the use and sharing of

30  headsets should be followed.

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  1         (j)  If sound cues and audible information such as

  2  "beeps" are used, there must be simultaneous corresponding

  3  visual cues and information.

  4         (k)  Any spoken text must also be presented on screen,

  5  except that any auditory confirmation of a voter's selection

  6  may not be printed in text on the screen, unless requested by

  7  the voter.

  8         (l)  All controls and operable mechanisms must be

  9  operable with one hand, including operability with a closed

10  fist, and operable without tight grasping, pinching, or

11  twisting of the wrist.

12         (m)  The force required to operate or activate the

13  controls must be no greater than 5 pounds of force.

14         (n)  All voting booths must have voting controls at a

15  minimum height of 36 inches above the finished floor with a

16  minimum knee clearance of 27 inches high, and the booth must

17  be a minimum of 30 inches wide and a minimum of 19 inches

18  deep.

19         (o)  Any audio ballot must provide the voter with the

20  following functionalities:

21         1.  After the initial instructions that the system

22  requires election officials to provide to each voter, the

23  voter should be able to independently operate the voter

24  interface through the final step of casting a ballot without

25  assistance.

26         2.  The voter must be able to determine the races that

27  he or she is allowed to vote in and to determine which

28  candidates are available in each race.

29         3.  The voter must be able to determine how many

30  candidates may be selected in each race.

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  1         4.  The voter must be able to have confidence that the

  2  physical or vocal inputs given to the system have selected the

  3  candidates that he or she intended to select.

  4         5.  The voter must be able to review the candidate

  5  selections that he or she has made.

  6         6.  Prior to the act of casting the ballot, the voter

  7  must be able to change any selections previously made and

  8  confirm a new selection.

  9         7.  The system must communicate to the voter the fact

10  that the voter has failed to vote in a race or has failed to

11  vote the number of allowable candidates in any race and

12  require the voter to confirm his or her intent to undervote

13  before casting the ballot.

14         8.  The system must prevent the voter from overvoting

15  any race.

16         9.  The voter must be able to input a candidate's name

17  in each race that allows a write-in candidate.

18         10.  The voter must be able to review his or her

19  write-in input to the interface, edit that input, and confirm

20  that the edits meet the voter's intent.

21         11.  There must be a clear, identifiable action that

22  the voter takes to "cast" the ballot. The system must make

23  clear to the voter how to take this action so that the voter

24  has minimal risk of taking the action accidentally but, when

25  the voter intends to cast the ballot, the action can be easily

26  performed.

27         12.  Once the ballot is cast, the system must confirm

28  to the voter that the action has occurred and that the voter's

29  process of voting is complete.

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  1         13.  Once the ballot is cast, the system must preclude

  2  the voter from modifying the ballot cast or voting or casting

  3  another ballot.

  4         (2)  State or federal funds may not be used by any

  5  county or municipality to purchase voting systems or voting

  6  system components that do not meet the accessibility standards

  7  established by this section.

  8         (3)  A voting system that was certified before the

  9  effective date of this section is not decertified. However, if

10  a county or municipality has purchased or leased a voting

11  system that does not meet the accessibility requirements of

12  this section, the county or municipality must purchase or

13  lease additional voting systems or voting-system components to

14  comply with the accessibility requirements of this section.

15         (4)  It is the intent of the Legislature that this

16  state be eligible for any funds that are available from the

17  Federal Government to assist states in providing or improving

18  accessibility of voting systems and polling places for persons

19  having a disability. Accordingly, all state laws, rules,

20  standards, and codes governing voting systems and

21  polling-place accessibility must be maintained to ensure the

22  state's eligibility to receive federal funds. It is the intent

23  of the Legislature that all state requirements meet or exceed

24  the minimum federal requirements for voting systems and

25  polling-place accessibility.

26         Section 17.  Subsection (5) of section 101.655, Florida

27  Statutes, is amended to read:

28         101.655  Supervised voting by absent electors in

29  certain facilities.--

30         (5)  The supervised voting team shall deliver the

31  ballots to the respective absent electors, and each member of

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  1  the team shall jointly supervise the voting of the ballots.

  2  If any elector requests assistance in voting, the oath

  3  prescribed in s. 101.051 shall be completed and the elector

  4  may receive the assistance of two members of the supervised

  5  voting team or some other person of the elector's choice to

  6  assist the elector in casting the elector's ballot.

  7         Section 18.  Section 101.662, Florida Statutes, is

  8  created to read:

  9         101.662  Accessibility of absentee ballots.--It is the

10  intent of the Legislature that voting by absentee ballot be by

11  methods that are fully accessible to all voters, including

12  voters having a disability. The Department of State shall

13  adopt voting systems and procedures, including procedures for

14  providing absentee ballots, upon request, in alternative

15  formats that will allow all voters to cast a secret,

16  independent, and verifiable absentee ballot without the

17  assistance of another person. Voting by absentee ballot may

18  not be restricted solely to voting an absentee ballot in

19  person, as provided in s. 101.657, to comply with this

20  section.

21         Section 19.  Subsection (2) of section 101.71, Florida

22  Statutes, is amended to read:

23         101.71  Polling place.--

24         (2)  Notwithstanding the provisions of subsection (1),

25  whenever the supervisor of elections of any county determines

26  that the accommodations for holding any election at a polling

27  place designated for any precinct in the county are

28  unavailable, or are inadequate for the expeditious and

29  efficient housing and handling of voting and voting

30  paraphernalia, or do not comply with the requirements of s.

31  101.715 including voting machines where used, the supervisor

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  1  shall may provide, not less than 30 days prior to the holding

  2  of an election, provide for that the voting place for such

  3  precinct to shall be moved to another site that is which shall

  4  be accessible to the public on election day in said precinct

  5  or, if such is not available, to another site that is which

  6  shall be accessible to the public on election day in a

  7  contiguous precinct.  If such action of the supervisor results

  8  in the voting place for two or more precincts being located

  9  for the purposes of an election in one building, the voting

10  places for the several precincts involved shall be established

11  and maintained separate from each other in said building.

12  When any supervisor moves any polling place pursuant to this

13  subsection, the supervisor shall, not more than 30 days or

14  fewer than 7 days prior to the holding of an election, give

15  notice of the change of the polling place for the precinct

16  involved, with clear description of the voting place to which

17  changed, at least once in a newspaper of general circulation

18  in said county. A notice of the change of the polling place

19  involved shall be mailed, at least 14 days prior to an

20  election, to each registered elector or to each household in

21  which there is a registered elector.

22         Section 20.  Effective September 2, 2002, subsection

23  (2) of section 101.71, Florida Statutes, as amended by section

24  25 of chapter 2001-40, Laws of Florida, is amended to read:

25         101.71  Polling place.--

26         (2)  Notwithstanding the provisions of subsection (1),

27  whenever the supervisor of elections of any county determines

28  that the accommodations for holding any election at a polling

29  place designated for any precinct in the county are

30  unavailable, or are inadequate for the expeditious and

31  efficient housing and handling of voting and voting

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  1  paraphernalia, or do not comply with the requirements of s.

  2  101.715, the supervisor shall may provide, not less than 30

  3  days prior to the holding of an election, provide for that the

  4  voting place for such precinct to shall be moved to another

  5  site that is which shall be accessible to the public on

  6  election day in said precinct or, if such is not available, to

  7  another site that is which shall be accessible to the public

  8  on election day in a contiguous precinct.  If such action of

  9  the supervisor results in the voting place for two or more

10  precincts being located for the purposes of an election in one

11  building, the voting places for the several precincts involved

12  shall be established and maintained separate from each other

13  in said building. When any supervisor moves any polling place

14  pursuant to this subsection, the supervisor shall, not more

15  than 30 days or fewer than 7 days prior to the holding of an

16  election, give notice of the change of the polling place for

17  the precinct involved, with clear description of the voting

18  place to which changed, at least once in a newspaper of

19  general circulation in said county. A notice of the change of

20  the polling place involved shall be mailed, at least 14 days

21  prior to an election, to each registered elector or to each

22  household in which there is a registered elector.

23         Section 21.  Section 101.715, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 101.715, F.S., for present text.)

27         101.715  Accessibility of polling places for people

28  having a disability.--

29         (1)  All polling places must be accessible and usable

30  by persons having a disability.

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  1         (2)  Each polling place must have at least one voting

  2  system that meets all of the accessibility standards set forth

  3  in s. 101.56062.

  4         (3)  Only a polling place that complies with the

  5  Florida Americans With Disabilities Accessibility

  6  Implementation Act, ss. 553.501-553.513, may be used for

  7  federal, state, or local elections.

  8         (4)  The selection of a polling site must ensure

  9  accessibility with respect to the following accessible

10  elements, spaces, scope, and technical requirements:

11  accessible route, space allowance and reach ranges, protruding

12  objects, ground and floor surfaces, parking and passenger

13  loading zones, curb ramps, ramps, stairs, elevators, platform

14  lifts, doors, entrances, path of egress, controls and

15  operating mechanisms, signage, and all other minimum

16  requirements.

17         (5)  Standards required at each polling place,

18  regardless of the age or function of the building, include:

19         (a)  One or more signed accessible parking spaces for

20  disabled persons.

21         (b)  Signage identifying an accessible path of travel

22  to the polling place if it differs from the primary route or

23  entrance.

24         (c)  An unobstructed path of travel to the polling

25  place.

26         (d)  Level, firm, stable, and slip-resistant surfaces.

27         (e)  An unobstructed area for voting.

28         (f)  Sufficient lighting along the accessible path of

29  travel and within the polling place.

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  1         (6)  Upon request, all ballots, instructions, and

  2  printed materials at each polling place must also be available

  3  in alternative formats.

  4         (7)  All methods used to cast a vote must allow a

  5  person having a disability to cast a vote, whether assisted or

  6  unassisted, at the voter's sole discretion, in a secret,

  7  independent, and verifiable manner, during the same times and

  8  under the same conditions available to other voters.

  9         (8)  Before the general election in 2002, each existing

10  polling place, and each newly designated polling place prior

11  to its use, should be surveyed by the supervisor of elections

12  for the purpose of determining accessibility and using a

13  survey developed by rule of the Department of State, after

14  first considering recommendations regarding the survey from

15  the Disability Advisory Council of the Department of State.

16         (9)  At any time at least 60 days after a board of

17  county commissioners has received the survey performed under

18  subsection (8), a resident of the county has standing to sue

19  that board of county commissioners in circuit court to require

20  that a polling place be discontinued or, failing the selection

21  of an accessible substitute or the submission of an

22  application for a building permit to redress the deficiencies

23  identified in the survey, within 30 days after the filing to

24  require that county funds be used to correct all deficiencies

25  to make the polling place completely accessible within a

26  reasonable time set by the court. However, this subsection

27  does not authorize a board of county commissioners to

28  unreasonably delay making polling places accessible for all

29  voters having a disability.

30         (10)  The Department of State shall adopt rules to

31  establish penalties to be imposed on counties that fail or

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  1  refuse to either correct accessibility deficiencies or

  2  designate an alternative polling place within 60 days after

  3  the board of county commissioners receives the survey

  4  performed under subsection (8), which shall be in addition to

  5  those penalties set forth in subsection (9). Such rules must

  6  be adopted after first considering recommendations on such

  7  penalties and exemptions by the Disability Advisory Council of

  8  the Department of State. An exemption from the accessibility

  9  standards set forth in this section may be effective only

10  during a recognized state of emergency which, for whatever

11  reason, renders fully accessible polling places temporarily

12  unavailable. Any exemption should be of an extremely limited

13  nature, be of very short duration, and does not in any way

14  excuse or reduce the requirement that all polling places be

15  fully accessible to all voters. The Secretary of State must

16  impose all penalties and approve or deny all applications for

17  exemptions from the accessibility standards set forth in this

18  section.

19         (11)  The Department of State may adopt rules in

20  accordance with s. 120.54 necessary to administer this

21  section.

22         Section 22.  Subsection (7) is added to section

23  102.014, Florida Statutes, to read:

24         102.014  Poll worker recruitment and training.--

25         (7)  The Department of State shall develop a mandatory,

26  statewide, and uniform program for training poll workers on

27  issues of etiquette and sensitivity with respect to voters

28  having a disability. The program must consist of approximately

29  1 hour of the required number of hours set forth in paragraph

30  (4)(a). The program must be conducted locally by each

31  supervisor of elections, who shall periodically certify to the

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  1  Department of State whether each poll worker has completed the

  2  program, and must be taught, when possible, by persons having

  3  a disability. The program must include actual demonstrations

  4  of obstacles confronted by disabled persons during the voting

  5  process, including obtaining access to the polling place,

  6  traveling through the polling area, and using the voting

  7  system. The program must include training on a functional

  8  TTY/TDD device.

  9         Section 23.  Section 104.031, Florida Statutes, is

10  repealed.

11         Section 24.  Section 104.20, Florida Statutes, is

12  amended to read:

13         104.20  Ballot not to be seen, and other offenses.--Any

14  elector who, except as provided by law, allows his or her

15  ballot to be seen by any person; takes or removes, or attempts

16  to take or remove, any ballot from the polling place before

17  the close of the polls; places any mark on his or her ballot

18  by which it may be identified; remains longer than the

19  specified time allowed by law in the booth or compartment

20  after having been notified that his or her time has expired;

21  endeavors to induce any elector to show how he or she voted;

22  aids or attempts to aid any elector unlawfully; or prints or

23  procures to be printed, or has in his or her possession, any

24  copies of any ballot prepared to be voted is guilty of a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083.

27         Section 25.  Paragraph (y) of subsection (1) of section

28  125.01, Florida Statutes, is amended to read:

29         125.01  Powers and duties.--

30         (1)  The legislative and governing body of a county

31  shall have the power to carry on county government.  To the

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  1  extent not inconsistent with general or special law, this

  2  power includes, but is not restricted to, the power to:

  3         (y)  Place questions or propositions on the ballot at

  4  any primary election, general election, or otherwise called

  5  special election, when agreed to by a majority vote of the

  6  total membership of the legislative and governing body, so as

  7  to obtain an expression of elector sentiment with respect to

  8  matters of substantial concern within the county.  No special

  9  election may be called for the purpose of conducting a straw

10  ballot.  Any election costs, as defined in s. 97.021(10)(9),

11  associated with any ballot question or election called

12  specifically at the request of a district or for the creation

13  of a district shall be paid by the district either in whole or

14  in part as the case may warrant.

15         Section 26.  Except as otherwise expressly provided in

16  this act and except for this section, which shall take effect

17  upon becoming a law, this act shall take effect July 1, 2002.

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

  2                       LEGISLATIVE SUMMARY

  3
      Revises various provisions of the Florida Election Code
  4    to require that all polling places be accessible to
      persons having a disability. Requires that certain forms
  5    used under the code be made available in alternative
      formats and on the Internet. Requires that certain
  6    elections staff have and be trained in the use of a
      TTY/TDD device. Requires the use of closed captioning and
  7    descriptive narrative in all television broadcasts by
      candidates, political parties, and political committees.
  8    Creates the Disability Advisory Council within the
      Department of State. Repeals provisions that limit the
  9    length of time a voter may occupy a voting booth.
      Specifies standards for accessible voting systems.
10    Prohibits the use of state or federal funds for a voting
      system or system components that do not meet the
11    accessibility standards. Requires the supervisors of
      elections to survey polling places. Authorizes legal
12    action against a board of county commissioners that fails
      to comply with accessibility requirements. Requires that
13    the Department of State adopt by rule penalties against
      counties that fail to correct deficiencies in
14    accessibility. (See bill for details.)

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