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:
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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.
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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
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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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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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