Senate Bill sb0606
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Florida Senate - 2002 SB 606
By the Committee on Ethics and Elections; and Senators
Sanderson, Sebesta, Posey, Lawson, Dyer and Smith
313-205B-02
1 A bill to be entitled
2 An act relating to elections; amending s.
3 97.011, F.S.; designating chapters 97-106,
4 F.S., as the "Florida Election Code"; amending
5 s. 97.021, F.S.; revising definitions;
6 transferring, renumbering, and amending s.
7 97.012, F.S.; revising duties of the Secretary
8 of State with respect to his or her duties as
9 chief election officer of the state;
10 transferring, renumbering, and amending s.
11 98.015, F.S.; revising duties of the supervisor
12 of elections; requiring the supervisor to be
13 the custodian of the voting system of the
14 county; transferring, renumbering, and amending
15 s. 98.255, F.S.; requiring the Division of
16 Elections to adopt rules for voter education;
17 repealing ss. 97.025, 97.032, F.S., relating to
18 distribution of the Florida Election Code and a
19 short title; transferring, renumbering, and
20 amending s. 97.105, F.S.; requiring the
21 supervisor to maintain a registration list of
22 voters; requiring the supervisor to deliver the
23 records required for a municipal election;
24 transferring, renumbering, and amending s.
25 97.041, F.S., relating to the qualifications to
26 register or vote; transferring and renumbering
27 s. 97.051, F.S., relating to the oath upon
28 registering; transferring, renumbering, and
29 amending s. 97.052, F.S.; requiring the
30 Division of Elections to prescribe a statewide
31 voter registration application; providing for a
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Florida Senate - 2002 SB 606
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1 voter information card; transferring,
2 renumbering, and amending s. 97.053, F.S.;
3 revising requirements for voter registration
4 applications to conform to changes made by the
5 act; transferring, renumbering, and amending
6 ss. 97.057, 97.058, F.S., relating to voter
7 registration by the Department of Highway
8 Safety and Motor Vehicles and voter
9 registration agencies; conforming provisions to
10 changes made by the act; transferring,
11 renumbering, and amending s. 97.0585, F.S.,
12 relating to confidentiality of registration
13 information; conforming provisions to changes
14 made by the act; transferring, renumbering, and
15 amending s. 97.0583, F.S.; clarifying
16 provisions governing voter registration at
17 educational institutions; transferring,
18 renumbering, and amending s. 97.061, F.S.;
19 providing requirements for the supervisor with
20 respect to voters requiring assistance;
21 creating s. 98.033, F.S.; requiring the
22 supervisor to assign a voter to the precinct in
23 which the voter has legal residence;
24 transferring, renumbering, and amending s.
25 97.071, F.S.; providing requirements for the
26 voter information card; transferring,
27 renumbering, and amending s. 97.1031, F.S.;
28 revising requirements for a voter in changing
29 his or her residence within the same county,
30 name, or political party affiliation;
31 transferring, renumbering, and amending s.
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Florida Senate - 2002 SB 606
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1 97.073, F.S.; providing for disposition of
2 voter registration applications; amending ss.
3 98.045, 98.055, 98.065, 98.075, F.S.; providing
4 requirements for the supervisor in maintaining
5 the registration list; requiring the Division
6 of Elections to prescribe forms; amending s.
7 98.081, F.S.; providing requirements for
8 removing a voter's name from or restoring a
9 voter's name to the registration list; amending
10 s. 98.093, F.S.; providing for the removal of
11 names from the registration list upon
12 notification by certain officials that a person
13 is deceased, convicted of a felony, or
14 adjudicated mentally incapacitated with respect
15 to voting; amending s. 98.0977, F.S., relating
16 to the statewide voter registration database;
17 conforming provisions to changes made by the
18 act; transferring, renumbering, and amending s.
19 97.055, F.S.; providing requirements for
20 closing registration for an election;
21 transferring, renumbering, and amending s.
22 97.0555, F.S.; providing for late registration;
23 amending s. 98.212, F.S.; requiring supervisors
24 to furnish additional information to the
25 Division of Elections with respect to the
26 number of voters in the county; amending s.
27 98.461, F.S.; revising requirements for
28 supervisors in storing registration forms;
29 deleting provisions authorizing the use of
30 computer printouts in lieu of the registration
31 books; transferring, renumbering, and amending
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Florida Senate - 2002 SB 606
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1 ss. 98.095, 98.0979, F.S.; providing for
2 certain registration records to be open to
3 inspection; transferring, renumbering, and
4 amending s. 97.023, F.S.; providing for a
5 complaint of a violation of certain elections
6 laws to be filed with the Division of
7 Elections; repealing ss. 98.097, 98.101,
8 98.181, 98.231, 98.451, 98.471, 98.481, 98.491,
9 F.S., relating to central voter files,
10 registration specifications, indexes and
11 records, registration information and
12 processing, use of precinct registers,
13 challenge to electors, and alternative
14 procedures; amending s. 99.012, F.S.; providing
15 a short title; requiring that a resignation
16 submitted for purposes of qualifying for
17 another office be submitted in writing;
18 requiring that a copy of such resignation be
19 submitted to the Division of Elections;
20 amending s. 99.021, F.S.; revising the form of
21 the candidate's oath to qualify for election;
22 revising requirements for certification to the
23 supervisor that a person qualifies for an
24 office; amending s. 99.061, F.S.; revising
25 requirements for qualifying for election to
26 federal, state, county, or district office;
27 requiring the supervisor to submit names of
28 qualifying candidates to the Division of
29 Elections; amending s. 99.063, F.S.; requiring
30 a candidate for Governor to designate a
31 Lieutenant Governor in writing to the Division
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Florida Senate - 2002 SB 606
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1 of Elections; amending s. 99.092, F.S.;
2 providing for the distribution of proceeds of
3 the filing fees paid by persons seeking to
4 qualify for election to a federal, state, or
5 multicounty district office; amending s.
6 99.093, F.S.; providing for the deposit of
7 election assessments for municipal candidates;
8 amending s. 99.095, F.S.; providing procedures
9 for a person to qualify as a candidate for
10 office by means of a petition process in lieu
11 of paying the qualifying fee and party
12 assessment; providing requirements for
13 obtaining signatures and submitting the
14 petition; providing procedures for determining
15 whether the required number of signatures has
16 been obtained; amending s. 99.0955, F.S.;
17 revising requirements for qualifying as a
18 candidate with no party affiliation; conforming
19 provisions to changes made by the act; amending
20 ss. 99.096, 99.0965, F.S.; revising
21 requirements for a minor political party with
22 respect to placing names on the ballot in the
23 general election; amending s. 99.09651, F.S.;
24 revising procedures for determining the
25 population of the district for purposes of the
26 petition process during a year of
27 apportionment; amending s. 99.097, F.S.;
28 revising requirements for verifying signatures
29 on petitions; requiring the Division of
30 Elections to adopt rules governing the method
31 of petition verification; revising procedures
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Florida Senate - 2002 SB 606
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1 for contesting the results of a verification;
2 repealing ss. 99.081, 99.091, 99.103, 99.121,
3 F.S., relating to the election of United States
4 Senators and Representatives, the disposition
5 of filing fees, and certification of
6 candidates; amending s. 100.031, F.S.;
7 specifying that the general election is for the
8 purpose of choosing a successor to certain
9 elective offices; transferring, renumbering,
10 and amending s. 100.021, F.S.; providing for
11 the Division of Elections to prepare and
12 publish the notice of offices to be filled in
13 the general election; deleting provisions
14 providing for notice to the sheriff and the
15 posting of copies in conspicuous places;
16 amending s. 100.041, F.S., relating to terms of
17 office; conforming provisions to changes made
18 by the act; amending ss. 100.061, 100.091,
19 F.S., relating to the first and second primary
20 elections; clarifying provisions with respect
21 to ballots; transferring, renumbering, and
22 amending s. 100.096, F.S.; requiring certain
23 municipal and district elections to be held in
24 conjunction with the first and second primary;
25 transferring, renumbering, and amending s.
26 101.021, F.S.; clarifying certain restrictions
27 with respect to primary elections;
28 transferring, renumbering, and amending s.
29 101.151, F.S., relating to specifications for
30 ballots; revising requirements for arranging
31 surnames on the ballot for the primary and
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Florida Senate - 2002 SB 606
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1 general elections; requiring the Division of
2 Elections to adopt rules prescribing a uniform
3 ballot for each certified voting system;
4 transferring, renumbering, and amending s.
5 101.252, F.S.; clarifying provisions governing
6 the names of candidates printed on primary
7 ballots; transferring, renumbering, and
8 amending s. 100.051, F.S.; requiring the
9 Division of Elections to certify to the
10 supervisors the major party candidates
11 nominated to office; providing requirements for
12 the supervisor in printing the general election
13 ballot; transferring, renumbering, and amending
14 s. 101.254, F.S.; providing requirements for
15 grouping candidates on the ballot;
16 transferring, renumbering, and amending s.
17 101.253, F.S.; revising requirements for a
18 candidate to withdraw from an election;
19 providing requirements for changing a ballot;
20 transferring, renumbering, and amending s.
21 101.43, F.S.; revising requirements for
22 preparing substitute ballots; transferring,
23 renumbering, and amending s. 101.20, F.S.;
24 authorizing the supervisor to mail a sample
25 ballot to each voter in lieu of publication;
26 amending s. 100.101, F.S.; clarifying
27 provisions governing the holding of special
28 elections and special primary elections;
29 amending s. 100.111, F.S.; requiring the
30 Secretary of State to set certain dates for
31 candidates to qualify and file reports for
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Florida Senate - 2002 SB 606
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1 certain elections; revising requirements for
2 designating a nominee following a vacancy in
3 nomination; amending s. 100.141, F.S.;
4 specifying duties of the Division of Elections
5 with respect to holding a special primary or
6 special election; amending s. 100.161, F.S.,
7 relating to the temporary appointment of a
8 United States Senator; clarifying duties of the
9 Governor; amending s. 100.191, F.S.; providing
10 for application of laws to special elections
11 and special primary elections; transferring,
12 renumbering, and amending s. 100.371, F.S.,
13 relating to constitutional amendments proposed
14 by initiative; providing for the Division of
15 Elections to approve the text of the proposed
16 amendment and the petition format; requiring
17 the division to adopt rules; transferring,
18 renumbering, and amending s. 101.161, F.S.,
19 relating to ballot referenda; deleting obsolete
20 provisions; transferring, renumbering, and
21 amending ss. 101.171, 101.2515, F.S.; providing
22 duties of the Division of Elections with
23 respect to constitutional amendments and
24 translating ballot language; amending ss.
25 100.201, 100.211, 100.221, 100.261, F.S.,
26 relating to bond referenda; clarifying
27 provisions governing bond referenda;
28 transferring, renumbering, and amending s.
29 100.341, F.S.; requiring that the principal and
30 maximum interest rate be printed on the ballot
31 for a bond referendum; amending s. 100.271,
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Florida Senate - 2002 SB 606
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1 F.S.; providing duties of the canvassing board
2 with respect to the returns of a bond
3 referendum; amending ss. 100.281, 100.291,
4 F.S., relating to the results of a bond
5 referendum; clarifying provisions providing for
6 approval and certification of results; amending
7 ss. 100.301, 100.311, F.S.; providing for
8 application of laws governing bond referenda;
9 amending s. 100.321, 100.331, F.S.; clarifying
10 provisions governing a determination of the
11 legality of a bond referendum and a limitation
12 on holding referenda following the defeat of a
13 bond issue; amending s. 100.342, F.S.; revising
14 requirements for election officials with
15 respect to providing notice of an election or
16 referendum; amending s. 100.351, F.S.;
17 requiring certification of the results of a
18 referendum to the Division of Elections;
19 amending s. 100.3605, F.S., relating to the
20 conduct of municipal elections; conforming
21 provisions to changes made by the act; amending
22 s. 100.361, F.S.; providing certain limitations
23 on filing a recall petition for a member of the
24 governing body of a municipality or charter
25 county; providing requirements for the petition
26 and statement of grounds for recall; providing
27 for the person sought to be recalled to file a
28 statement of defense; providing ballot
29 statements; providing for filling vacancies and
30 holding special elections; transferring,
31 renumbering, and amending s. 100.151, F.S.,
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Florida Senate - 2002 SB 606
313-205B-02
1 relating to special elections; clarifying
2 limitations on the calling of such elections;
3 creating s. 100.391, F.S.; providing for
4 payment of election expenses; defining the term
5 "election expenses"; requiring the Division of
6 Elections to verify certain expenses;
7 authorizing the supervisor to impose an
8 interest penalty upon certain entities if
9 payment for election expenses is not made
10 within a specified period; repealing ss.
11 100.081, 100.102, F.S., relating to the conduct
12 of primary elections and reimbursement for
13 certain special elections; transferring,
14 renumbering, and amending s. 101.015, F.S.;
15 requiring the Division of Elections to adopt
16 minimum standards for voting systems; requiring
17 the division to review county security
18 procedures and notify the supervisor of the
19 results; authorizing the division to revoke
20 approval of a voting system; authorizing the
21 division to approve a provisionally approved
22 system; deleting obsolete provisions;
23 transferring, renumbering, and amending ss.
24 101.5606, 101.5605, F.S.; providing
25 requirements for the Division of Elections with
26 respect to its approval of voting systems;
27 transferring, renumbering, and amending s.
28 101.56042, F.S., relating to punch-card
29 systems; deleting an obsolete date;
30 transferring, renumbering, and amending s.
31 101.5607, F.S.; requiring that the supervisor
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Florida Senate - 2002 SB 606
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1 file documentation relating to the voting
2 system with the Division of Elections;
3 authorizing the division to develop software
4 for use with a voting system; transferring,
5 renumbering, and amending s. 101.292, F.S.;
6 redefining the term "voting equipment" to
7 remove an exclusion for equipment valued at
8 less than a specified amount; transferring,
9 renumbering, and amending s. 101.293, F.S.,
10 relating to the purchase of voting equipment;
11 revising certain exceptions to the requirement
12 for competitive bids; transferring,
13 renumbering, and amending s. 101.294, F.S.;
14 deleting certain duties of the Division of
15 Elections with respect to the purchase and sale
16 of voting equipment; transferring, renumbering,
17 and amending s. 101.591, F.S., relating to the
18 audit of a voting system; requiring compliance
19 with rules of the Division of Elections;
20 transferring, renumbering, and amending s.
21 101.5612, F.S.; revising certain procedures for
22 testing voting systems; providing duties of the
23 Division of Elections; transferring,
24 renumbering, and amending ss. 101.001, 101.71,
25 F.S., relating to precincts and polling places;
26 providing duties of the supervisor with respect
27 to drawing precinct maps and providing polling
28 places; transferring, renumbering, and amending
29 s. 101.715, F.S.; requiring supervisors to
30 provide polling places that meet the Americans
31 with Disabilities Act Accessibility Guidelines;
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Florida Senate - 2002 SB 606
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1 providing certain exceptions; transferring,
2 renumbering, and amending s. 102.014, F.S.;
3 requiring the Division of Elections to adopt
4 uniform polling place procedures; transferring,
5 renumbering, and amending s. 102.012, F.S.;
6 revising provisions governing the appointment,
7 qualifications, and duties of election boards;
8 transferring, renumbering, and amending s.
9 102.021, F.S.; clarifying provisions governing
10 the payment to inspectors, clerks, and deputy
11 sheriffs who serve at a precinct; transferring,
12 renumbering, and amending s. 100.011, F.S.;
13 providing for opening and closing polls;
14 deleting provisions governing the payment of
15 election costs; creating s. 101.035, F.S.;
16 providing duties of the election board with
17 respect to opening the polls, conducting
18 elections, maintaining order, and tabulating
19 the results; transferring, renumbering, and
20 amending s. 102.031, F.S.; deleting provisions
21 requiring maintenance of order at the polls;
22 revising certain restrictions on solicitation
23 at a polling place; prescribing duties of the
24 members of the election board; transferring,
25 renumbering, and amending s. 102.091, F.S.;
26 revising circumstances under which special
27 officers may be appointed to investigate
28 alleged violations of the Florida Election
29 Code; transferring, renumbering, and amending
30 s. 102.101, F.S.; prohibiting entrance of the
31 sheriff or other officers at a polling place
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Florida Senate - 2002 SB 606
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1 except upon permission of the clerk;
2 transferring, renumbering, and amending s.
3 101.131, F.S.; clarifying provisions governing
4 the activities of poll watchers; transferring,
5 renumbering, and amending s. 101.58, F.S.;
6 providing duties of the Division of Elections
7 with respect to supervising and observing the
8 registration and election processes;
9 transferring, renumbering, and amending s.
10 101.24, F.S.; providing duties of the election
11 board with respect to handling the ballot box
12 and ballot-transfer container; transferring,
13 renumbering, and amending s. 101.72, F.S.;
14 specifying requirements for voting booths;
15 transferring, renumbering, and amending s.
16 101.041, F.S.; providing for secret voting in
17 all elections; transferring, renumbering, and
18 amending s. 101.045, F.S.; specifying the
19 elections at which a voter may vote; providing
20 for assigning a precinct to a voter who does
21 not have a permanent address; providing for
22 voting by a voter who changes his or her legal
23 residence or moves to another state; deleting
24 provisions specifying certain forms;
25 transferring, renumbering, and amending s.
26 101.657, F.S.; providing procedures for a voter
27 to vote early; providing requirements for
28 tabulating early voted ballots; creating s.
29 101.063, F.S.; providing forms and procedures
30 under which a voter may vote after a change in
31 legal residence or a change of name; creating
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Florida Senate - 2002 SB 606
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1 s. 101.075, F.S.; specifying requirements for
2 the computer printout used at the polls as a
3 precinct register; creating s. 101.079, F.S.;
4 providing procedures for the clerk or inspector
5 in verifying a voter's signature; providing
6 requirements for the supervisor when a person's
7 name is not on the precinct register;
8 transferring, renumbering, and amending ss.
9 101.048, 101.049, F.S., relating to provisional
10 ballots and procedures when signatures differ;
11 conforming provisions to changes made by the
12 act; amending s. 101.111, F.S.; revising forms
13 and procedures under which a person desiring to
14 vote may be challenged; transferring,
15 renumbering, and amending s. 101.051, F.S.;
16 revising procedures for providing assistance to
17 a voter in casting a ballot; transferring,
18 renumbering, and amending s. 101.031, F.S.;
19 requiring the Division of Elections to provide
20 the Voter's Bill of Rights and Responsibilities
21 to supervisors; deleting requirements for
22 voting cards; revising procedures for
23 instructing a voter in the manner of voting;
24 transferring, renumbering, and amending s.
25 101.5611, F.S.; revising requirements for the
26 instructions provided at the polling place;
27 amending s. 101.51, F.S.; clarifying the
28 procedures for voting and the time allowed;
29 transferring, renumbering, and amending s.
30 101.5608, F.S.; deleting provisions specifying
31 procedures for voting by electronic or
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Florida Senate - 2002 SB 606
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1 electromechanical ballot; providing procedures
2 for a voter who spoils his or her ballot or
3 makes an error; reenacting s. 101.6101, F.S.,
4 relating to the Mail Ballot Election Act;
5 amending ss. 101.6102, 101.6103, F.S., relating
6 to elections held by mail ballot; conforming
7 provisions to changes made by the act;
8 requiring the Division of Elections to approve
9 an election conducted by mail; amending ss.
10 101.6104, 101.6105, F.S., relating to the
11 challenging of votes and absentee voting;
12 conforming provisions to changes made by the
13 act; reenacting s. 101.6106, F.S., relating to
14 application of other election laws; amending s.
15 101.6107, F.S.; requiring the Division of
16 Elections to adopt rules governing the Mail
17 Ballot Election Act; amending s. 101.62, F.S.;
18 revising procedures for the supervisor in
19 providing absentee ballots; requiring the
20 Division of Elections to prescribe the
21 affidavit for delivering an absentee ballot;
22 amending ss. 101.64, 101.65, 101.655, 101.661,
23 F.S., relating to the delivery of absentee
24 ballots, instructions to absentee voters,
25 supervised voting, and the voting of ballots;
26 conforming provisions to changes made by the
27 act; transferring, renumbering, and amending s.
28 101.665, F.S.; providing for administering
29 oaths; amending s. 101.694, F.S.; revising
30 requirements for mailing a ballot after receipt
31 of a federal postcard application;
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Florida Senate - 2002 SB 606
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1 transferring, renumbering, and amending s.
2 100.025, F.S.; clarifying provisions governing
3 notification of elections to citizens residing
4 overseas; amending s. 101.6951, F.S.; requiring
5 the Division of Elections to adopt rules
6 governing the form of the state write-in
7 ballot; amending s. 101.6952, F.S.; providing
8 duties of the supervisor with respect to
9 mailing absentee ballots to overseas voters;
10 requiring that the supervisor mail an advance
11 absentee ballot upon request; requiring the
12 Division of Elections to adopt rules for
13 certain ballots; requiring that the supervisor
14 notify the elector when there is insufficient
15 time for the return of the ballot; amending s.
16 101.697, F.S.; requiring the Division of
17 Elections to adopt rules for electronically
18 transmitting election materials; reenacting s.
19 101.698, F.S., relating to absentee voting in
20 emergency situations; transferring,
21 renumbering, and amending s. 101.69, F.S.;
22 clarifying that an absentee ballot may be voted
23 in person; transferring, renumbering, and
24 amending s. 101.67, F.S.; revising requirements
25 for the supervisor in safekeeping mailed
26 ballots; transferring, renumbering, and
27 amending s. 101.545, F.S., relating to
28 retention and destruction of election
29 materials; conforming provisions to changes
30 made by the act; amending s. 101.731, F.S.;
31 revising the Elections Emergency Act; providing
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Florida Senate - 2002 SB 606
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1 legislative intent; providing for the Governor
2 to delay and reschedule an election; requiring
3 an elections emergency contingency plan;
4 authorizing the supervisor to provide for a
5 change of polling place; transferring,
6 renumbering, and amending s. 100.241, F.S.,
7 relating to freeholder voting; conforming
8 provisions to changes made by the act;
9 repealing ss. 101.002, 101.017, 101.21, 101.22,
10 101.23, 101.34, 101.5601, 101.5602, 101.5603,
11 101.5604, 101.5610, 101.5613, 101.5615,
12 101.635, 101.663, 101.732, 101.733, 101.74,
13 101.75, F.S., relating to precincts and polling
14 places for municipalities, the Bureau of Voting
15 Systems Certification within the Division of
16 Elections, official ballots, voting procedures,
17 duties of election definitions, inspectors,
18 custody of voting machines, the Electronic
19 Voting Systems Act, definitions, inspection of
20 ballots and equipment, recounts and election
21 contests, distribution of printed ballots,
22 change of an elector's residence, election
23 emergencies, and change of date for municipal
24 elections; transferring, renumbering, and
25 amending s. 101.5614, F.S.; revising
26 requirements for the canvass of returns;
27 requiring the Division of Elections to adopt
28 rules; deleting provisions governing the use of
29 ballot cards; amending s. 102.141, F.S.,
30 relating to county canvassing boards;
31 conforming provisions to changes made by the
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Florida Senate - 2002 SB 606
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1 act; requiring the canvassing board to certify
2 election results to the Division of Elections;
3 transferring, renumbering, and amending s.
4 101.68, F.S.; revising requirements for the
5 canvassing of absentee ballots; transferring,
6 renumbering, and amending s. 102.166, F.S.,
7 relating to manual recounts; requiring the
8 Division of Elections to certify hardware or
9 software used in recounts; requiring the
10 division to adopt rules prescribing recount
11 procedures; transferring, renumbering, and
12 amending s. 100.181, F.S.; providing for
13 determining a tie election; amending s.
14 102.151, F.S.; requiring county canvassing
15 boards to certify election returns to the
16 Division of Elections; transferring,
17 renumbering, and amending s. 102.112, F.S.;
18 providing a deadline for submitting returns to
19 the division; amending s. 102.155, F.S.;
20 requiring the Division of Elections to give a
21 certificate of election to any person certified
22 by the Elections Canvassing Commission;
23 transferring, renumbering, and amending s.
24 102.111, F.S.; specifying duties of the
25 Elections Canvassing Commission with respect to
26 the results of federal and statewide elections;
27 providing requirements if the commission is
28 unable to determine the vote; amending s.
29 102.168, F.S.; specifying venue for contesting
30 a nomination, election, or results of an issue;
31 providing for ouster of an adverse party or for
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Florida Senate - 2002 SB 606
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1 the issue to be void upon an unfavorable
2 judgment; reenacting s. 102.169, F.S., relating
3 to a quo warranto remedy; amending s. 102.171,
4 F.S.; clarifying provisions governing the
5 contest of an election to the Legislature;
6 transferring, renumbering, and amending ss.
7 101.572, 101.595, F.S., relating to public
8 inspection of ballots and reports of voter
9 error; conforming provisions to changes made by
10 the act; requiring voter errors to be reported
11 to the Division of Elections; requiring that
12 the division report to the Governor and
13 Legislature; repealing ss. 102.061, 102.071,
14 102.121, 102.131, 102.1682, 102.1685, F.S.,
15 relating to duties of the election board,
16 tabulation of votes, duties of the Elections
17 Canvassing Commission, election returns,
18 judgments of ouster and setting aside a
19 referendum, and venue for contesting an
20 election or referendum; transferring,
21 renumbering, and amending s. 103.101, F.S.,
22 relating to the presidential preference
23 primary; conforming provisions to changes made
24 by the act; requiring the Division of Elections
25 to certify nominations; authorizing the
26 division to adopt rules governing the
27 preparation of ballots; amending s. 103.021,
28 F.S.; providing for the names of candidates for
29 President and Vice President to be certified to
30 the Division of Elections; providing
31 requirements for persons seeking to qualify as
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1 write-in candidates for President and Vice
2 President of the United States; transferring,
3 renumbering, and amending s. 103.011, F.S.;
4 providing for the Elections Canvassing
5 Commission to certify the presidential
6 electors; amending s. 103.051, F.S.; specifying
7 duties of the presidential electors; providing
8 for filling a vacancy and compensation of
9 electors; amending s. 103.081, F.S.; revising
10 certain prohibitions on the use of a political
11 party name; amending s. 103.091, F.S.; revising
12 requirements for electing national committee
13 members and presidential electors; providing
14 requirements for a group to file as a minor
15 political party; clarifying membership
16 requirements for county executive committees;
17 amending s. 103.121, F.S.; requiring state
18 executive committees to use a specified portion
19 of filing fees to promote certain candidates
20 for county and state office; requiring that the
21 bond required of the chair and treasurer of the
22 executive committee be filed with the Division
23 of Elections; requiring that certain
24 endorsements of a county executive committee be
25 filed with the division; amending s. 103.131,
26 F.S.; clarifying circumstances under which a
27 political party office becomes vacant; amending
28 s. 103.141, F.S.; specifying procedures for
29 removing from office a member of the state
30 executive committee or a county executive
31 committee for violating an oath of office;
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1 repealing ss. 103.022, 103.061, 103.062,
2 103.071, 103.151, F.S., relating to write-in
3 candidates for President and Vice President,
4 meetings of electors, the filling of vacancies,
5 compensation of electors, and the removal of
6 certain executive committee members from
7 office; creating s. 104.005, F.S.; specifying
8 application of ch. 104, F.S., to municipal
9 elections; transferring, renumbering, and
10 amending s. 104.24, F.S.; clarifying the
11 prohibition against fraudulently using another
12 name in connection with the election process;
13 transferring, renumbering, and amending s.
14 104.185, F.S.; deleting the penalty imposed for
15 signing another person's name or a fictitious
16 name to a ballot petition; amending ss.
17 104.011, 104.012, 104.0515, F.S.; clarifying
18 the prohibition against false swearing and
19 certain other prohibitions involving voter
20 registration and voting rights; amending s.
21 104.061, F.S.; providing an exception to the
22 prohibition against giving a person an item of
23 value with the intention of influencing that
24 person's vote; amending s. 104.081, F.S.;
25 prohibiting an employer from threatening an
26 employee for voting or not voting for a
27 candidate or issue; transferring, renumbering,
28 and amending s. 104.045, F.S.; deleting a
29 prohibition against corruptly offering to vote
30 for or against a candidate for pecuniary
31 benefit; transferring, renumbering, and
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1 amending s. 104.041, F.S.; prohibiting certain
2 fraudulent actions with respect to casting a
3 vote; providing a penalty; transferring,
4 renumbering, and amending s. 104.047, F.S.,
5 relating to prohibitions with respect to
6 absentee ballots and voting; conforming
7 provisions to changes made by the act; amending
8 ss. 104.101, 104.19, 104.20, 104.26, 104.30,
9 F.S., relating to unlawful activities with
10 respect to voting and voting systems;
11 conforming provisions to changes made by the
12 act; transferring, renumbering, and amending s.
13 101.341, F.S.; clarifying provisions
14 prohibiting certain activities by a voting
15 system custodian or deputy custodian;
16 transferring, renumbering, and amending s.
17 101.295, F.S.; prohibiting a member of a
18 governing body from voting to purchase or sell
19 voting equipment under certain circumstances;
20 providing a penalty; transferring, renumbering,
21 and amending ss. 104.23, 104.051, 104.22, F.S.,
22 relating to unlawful practices by election
23 officials or involving election records;
24 conforming provisions to changes made by the
25 act; transferring, renumbering, and amending
26 ss. 104.071, 104.271, F.S., relating to
27 unlawful remuneration, statements, and other
28 activities in connection with a candidate or
29 election; revising certain penalties; amending
30 s. 104.31, F.S.; clarifying certain prohibited
31 political activities of state, county, and
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1 municipal officers and employers; transferring,
2 renumbering, and amending s. 104.42, F.S.,
3 relating to fraudulent registration and illegal
4 voting; conforming provisions to changes made
5 by the act; amending ss. 104.39, 104.43, F.S.;
6 clarifying provisions governing witnesses and
7 grand juries; transferring and renumbering s.
8 104.41, F.S., relating to violations not
9 otherwise provided for in the Florida Election
10 Code; repealing ss. 104.013, 104.031, 104.091,
11 104.11, 104.13, 104.15, 104.16, 104.17, 104.18,
12 104.21, 104.29, 104.32, F.S., relating to the
13 unauthorized use of a voter registration card,
14 false declaration to secure assistance in
15 preparing a ballot, aiding or abetting in a
16 violation of the Florida Election Code, neglect
17 of duty by the sheriff or other officer,
18 intermingling ballots, willful voting by
19 unqualified voters, voting a fraudulent ballot,
20 voting in person after casting an absentee
21 ballot, casting more than one ballot in an
22 election, changing an elector's ballot, refusal
23 by an inspector to allow watchers while ballots
24 are counted, and the delivery of books by the
25 supervisor to a successor; specifying titles
26 for certain chapters; amending ss. 15.21,
27 16.061, 106.087, 125.82, 196.141, 212.055,
28 236.32, 418.302, F.S., relating to initiative
29 petitions, filing fees, charter adoption,
30 homestead exemptions, discretionary sales
31 surtaxes, elections of school district millage,
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1 and elections for mobile home parks; conforming
2 cross-references to changes made by the act;
3 providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 97.011, Florida Statutes, is
8 amended to read:
9 97.011 Short title.--Chapters 97-106 constitute
10 inclusive shall be known and may be cited as "the "Florida
11 Election Code."
12 Section 2. Section 97.021, Florida Statutes, as
13 amended by section 2 of chapter 2001-40, Laws of Florida, is
14 amended to read:
15 97.021 Definitions.--For the purposes of this code,
16 except where otherwise defined in the code or where the
17 context clearly indicates otherwise, the term:
18 (1) "Absentee voter" "Absent elector" means any
19 registered and qualified voter who casts an absentee ballot.
20 (2) "Automatic tabulating equipment" includes
21 apparatus necessary to automatically examine, count, record,
22 and report votes.
23 (3)(2) "Ballot" or "official ballot" when used in
24 reference to:
25 (a) "Paper ballots" means that printed sheet of paper,
26 used in conjunction with an electronic or electromechanical
27 vote tabulation voting system, containing the names of
28 candidates, or a statement of proposed constitutional
29 amendments or other issue questions or propositions submitted
30 to the voters electorate at any election, on which sheet of
31 paper a voter an elector casts his or her vote.
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1 (b) "Electronic or electromechanical devices" means a
2 ballot that is voted by the process of electronically
3 designating, including by touchscreen, or marking with a
4 marking device for tabulation by automatic tabulating
5 equipment or data processing equipment.
6 (4)(3) "Candidate" means any person to whom any one or
7 more of the following applies:
8 (a) Any person who seeks to qualify for nomination or
9 election by means of the petitioning process.
10 (b) Any person who seeks to qualify for election as a
11 write-in candidate.
12 (c) Any person who receives contributions or makes
13 expenditures, or gives his or her consent for any other person
14 to receive contributions or make expenditures, with a view to
15 bringing about his or her nomination or election to, or
16 retention in, public office.
17 (d) Any person who appoints a treasurer and designates
18 a primary depository.
19 (e) Any person who files qualifying qualification
20 papers and subscribes to a candidate's oath as required by
21 law.
22
23 However, this definition does not include any candidate for a
24 political party executive committee.
25 (4) "Central voter file" means a statewide, centrally
26 maintained database containing voter registration information
27 of all counties in this state.
28 (5) "Code" means the Florida Election Code.
29 (6)(5) "Department" means the Department of State.
30 (7)(6) "Division" means the Division of Elections of
31 the Department of State.
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1 (8)(7) "Election" means any primary election, special
2 primary election, special election, general election, or
3 presidential preference primary election, or any election at
4 which an issue is submitted to the voters.
5 (9)(8) "Election board" means the clerk and inspector
6 or inspectors appointed to a precinct by the supervisor to
7 conduct an election.
8 (10) "Filing officer" means the person before whom a
9 candidate qualifies, the agency or officer with whom a
10 political committee registers, or the agency by whom a
11 committee of continuous existence is certified.
12 (9) "Election costs" shall include, but not be limited
13 to, expenditures for all paper supplies such as envelopes,
14 instructions to voters, affidavits, reports, ballot cards,
15 ballot booklets for absentee voters, postage, notices to
16 voters; advertisements for registration book closings, testing
17 of voting equipment, sample ballots, and polling places; forms
18 used to qualify candidates; polling site rental and equipment
19 delivery and pickup; data processing time and supplies;
20 election records retention; and labor costs, including those
21 costs uniquely associated with absentee ballot preparation,
22 poll workers, and election night canvass.
23 (10) "Elector" is synonymous with the word "voter" or
24 "qualified elector or voter," except where the word is used to
25 describe presidential electors.
26 (11) "General election" means an election held on the
27 first Tuesday after the first Monday in November in each the
28 even-numbered year years, for the purpose of filling national,
29 state, county, and district offices and for voting on
30 constitutional amendments not otherwise provided for by law.
31
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1 (12) "Issue" means any proposition that is required by
2 the State Constitution; by law or resolution of the
3 Legislature; or by the charter, ordinance, or resolution of
4 any political subdivision of this state to be submitted to the
5 voters for their approval or rejection at an election, or any
6 proposition for which a petition is circulated in order to
7 have such proposition placed on the ballot at any election.
8 (12) "Lists of registered electors" means copies of
9 printed lists of registered electors, computer tapes or disks,
10 or any other device used by the supervisor of elections to
11 maintain voter records.
12 (13) "Major political party" means any group that has
13 filed the appropriate papers with the division pursuant to
14 chapter 103 and that on January 1 in the year of a general
15 election has at least 5 percent of the voters of the state
16 registered as members.
17 (14) "Marking device" means any approved device for
18 marking a ballot with ink or other substance which will enable
19 the ballot to be tabulated by means of automatic tabulating
20 equipment.
21 (15)(13) "Member of the Merchant Marine" means an
22 individual, other than a member of a uniformed service or an
23 individual employed, enrolled, or maintained on the Great
24 Lakes for the inland waterways, who is:
25 (a) Employed as an officer or crew member of a vessel
26 documented under the laws of the United States, a vessel owned
27 by the United States, or a vessel of foreign-flag registry
28 under charter to or control of the United States; or
29 (b) Enrolled with the United States for employment or
30 training for employment, or maintained by the United States
31
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1 for emergency relief service, as an officer or crew member of
2 such vessel.
3 (16)(14) "Minor political party" means is any group
4 that has filed the appropriate papers with the division
5 pursuant to chapter 103 and that as defined in this subsection
6 which on January 1 in the year of a general election has less
7 than preceding a primary election does not have registered as
8 members 5 percent of the voters total registered electors of
9 the state registered as members. Any group of citizens
10 organized for the general purposes of electing to office
11 qualified persons and determining public issues under the
12 democratic processes of the United States may become a minor
13 political party of this state by filing with the department a
14 certificate showing the name of the organization, the names of
15 its current officers, including the members of its executive
16 committee, and a copy of its constitution or bylaws. It shall
17 be the duty of the minor political party to notify the
18 department of any changes in the filing certificate within 5
19 days of such changes.
20 (17)(15) "Newspaper of general circulation" means a
21 newspaper printed in the language most commonly spoken in the
22 area within which it circulates and which is readily available
23 for purchase by all inhabitants in the area of circulation,
24 but does not include a newspaper intended primarily for
25 members of a particular professional or occupational group, a
26 newspaper the primary function of which is to carry legal
27 notices, or a newspaper that is given away primarily to
28 distribute advertising.
29 (16) "Nominal value" means having a retail value of
30 $10 or less.
31
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1 (18)(17) "Nonpartisan office" means an office for
2 which a candidate is prohibited from campaigning or qualifying
3 for election to or retention in office based on political
4 party affiliation.
5 (19)(18) "Office that serves persons with
6 disabilities" means any state office that takes applications
7 either in person or by any other method over the telephone
8 from persons with disabilities for any program, service, or
9 benefit primarily related to their disabilities.
10 (20)(19) "Overseas voter" means:
11 (a) Members of the uniformed services while in the
12 active service who are permanent residents of the state and
13 are temporarily residing outside the territorial limits of the
14 United States and the District of Columbia;
15 (b) Members of the Merchant Marine of the United
16 States who are permanent residents of the state and are
17 temporarily residing outside the territorial limits of the
18 United States and the District of Columbia; and
19 (c) Other citizens of the United States who are
20 permanent residents of the state and are temporarily residing
21 outside the territorial limits of the United States and the
22 District of Columbia,
23
24 who are qualified and registered to vote as provided by law.
25 (21)(20) "Overvote" means that the voter elector marks
26 or designates more names than there are persons to be elected
27 to an office or designates more than one answer to a ballot
28 question, and the tabulator records no vote for the office or
29 question.
30
31
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1 (22)(21) "Persons with disabilities" means individuals
2 who have a physical or mental impairment that substantially
3 limits one or more major life activities.
4 (23) "Political party" means any group that has filed
5 the appropriate papers with the division pursuant to chapter
6 103.
7 (24)(22) "Polling place" means is the building that
8 which contains the polling room where ballots are cast.
9 (25)(23) "Polling room" means the actual room in which
10 ballots are cast.
11 (26)(24) "Primary election" means an election held
12 preceding the general election for the purpose of nominating a
13 major political party candidate nominee to be voted for in the
14 general election to fill a national, state, county, or
15 district office. The first primary is a nomination or
16 elimination election; the second primary is a nominating
17 election only.
18 (27)(25) "Provisional ballot" means a ballot issued to
19 a voter by the election board at the polling place on election
20 day for one of the following reasons:
21 (a) The voter's name does not appear on the precinct
22 register and verification of the voter's eligibility cannot be
23 determined; or
24 (b) There is an indication on the precinct register
25 that the voter has requested an absentee ballot and there is
26 no indication whether the voter has returned the absentee
27 ballot.
28 (28)(26) "Public assistance" means assistance provided
29 through the food stamp program; the Medicaid program; the
30 Special Supplemental Food Program for Women, Infants, and
31 Children; and the WAGES Program.
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1 (29)(27) "Public office" means any elective federal,
2 state, county, municipal, school, or other district office or
3 position which is filled by vote of the electors.
4 (30)(28) "Qualifying educational institution" means
5 any public or private educational institution that:
6 (a) Receives receiving state financial assistance;
7 which has, as its primary mission, the provision of
8 (b) Provides education or training to students who are
9 at least 18 years of age or older as its primary mission;,
10 provided such institution
11 (c) Has more than 200 students enrolled in classes;
12 with the institution and provided that the
13 (d) Has a recognized student government organization
14 that has requested this designation in writing and has filed
15 the request with the office of the supervisor of elections in
16 the county in which the institution is located.
17 (31) "Secrecy envelope" means an opaque device used
18 for enclosing a marked ballot which conceals the voter's
19 choices.
20 (32) "Software" means the programs and routines used
21 to employ and control the capabilities of data processing
22 hardware, including, without limitation, operating systems,
23 compilers, assemblers, utilities, library routines,
24 maintenance routines, applications, and computer networking
25 programs.
26 (33)(29) "Special election" means an is a special
27 election called for the purpose of voting on a party nominee
28 to fill a vacancy in a the national, state, county, or
29 district office or to vote on an issue.
30 (34)(30) "Special primary election" means an is a
31 special nomination election to nominate designated by the
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1 Governor, called for the purpose of nominating a major
2 political party candidate nominee to be voted on in a general
3 or special election.
4 (35) "Statewide voter registration database" means a
5 statewide, centrally maintained database containing voter
6 registration information of all counties in this state.
7 (36)(31) "Supervisor" means the supervisor of
8 elections.
9 (37)(32) "Undervote" means that the elector does not
10 properly designate any choice for an office or ballot
11 question, and the tabulator records no vote for the office or
12 question.
13 (38)(33) "Uniformed services" means the Army, Navy,
14 Air Force, Marine Corps, and Coast Guard, the commissioned
15 corps of the Public Health Service, and the commissioned corps
16 of the National Oceanic and Atmospheric Administration.
17 (39) "Voter" or "elector" means a person who is
18 registered and qualified to vote in this state, except where
19 the latter term is used to describe a presidential elector.
20 (40)(34) "Voter registration agency" means any office
21 that provides public assistance, any office that serves
22 persons with disabilities, any center for independent living,
23 or any public library.
24 (41)(35) "Voting booth" or "booth" means that booth or
25 enclosure wherein a voter an elector casts his or her ballot
26 for tabulation by an electronic or electromechanical device.
27 (42) "Voting device" means an apparatus by which votes
28 are registered electronically.
29 (43)(36) "Voting system" means a system of casting
30 votes by use of voting devices or marking devices and counting
31 ballots by employing automatic tabulating equipment or data
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1 processing equipment, and the term includes touchscreen
2 systems method of casting and processing votes that functions
3 wholly or partly by use of electromechanical or electronic
4 apparatus or by use of paper ballots and includes, but is not
5 limited to, the procedures for casting and processing votes
6 and the programs, operating manuals, tabulating cards,
7 printouts, and other software necessary for the system's
8 operation.
9 Section 3. Section 97.012, Florida Statutes, is
10 transferred, renumbered as section 97.029, Florida Statutes,
11 and amended to read:
12 97.029 97.012 Secretary of State as chief election
13 officer.--The Secretary of State is the chief election officer
14 of the state, and has the it is his or her responsibility to:
15 (1) Ensure Obtain and maintain uniformity in the
16 application, operation, and interpretation of the code
17 election laws.
18 (2) Provide uniform standards for the proper and
19 equitable implementation of the registration laws.
20 (3) Acquire Actively seek out and collect the data and
21 statistics necessary to determine knowledgeably scrutinize the
22 effectiveness of the code election laws.
23 (4) Provide technical assistance to the supervisors of
24 elections on voter education and provide election personnel
25 training to the supervisors services.
26 (5) Provide technical assistance to the supervisors of
27 elections on voting systems to the supervisors.
28 (6) Provide voter education assistance to the public.
29 (7) Coordinate the state's responsibilities under the
30 National Voter Registration Act of 1993.
31
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1 (8) Provide training to all affected state agencies on
2 the necessary procedures for proper implementation of
3 voter-registration provisions of this code this chapter.
4 (9) Ensure that all registration applications and
5 forms prescribed or approved by the department are in
6 compliance with the Voting Rights Act of 1965.
7 (10) Coordinate with the United States Department of
8 Defense so that armed forces recruitment offices administer
9 voter registration in a manner consistent with the procedures
10 set forth in the this code for voter registration agencies.
11 (11) Create and maintain a statewide voter
12 registration database central voter file.
13 (12) Maintain a voter fraud hotline and provide
14 election fraud education to the public.
15 (13) Provide copies of the code, adequately indexed,
16 to supervisors, candidates, and the public, upon request.
17 Section 4. Section 98.015, Florida Statutes, is
18 transferred, renumbered as section 97.045, Florida Statutes,
19 and amended to read:
20 97.045 98.015 Supervisor of elections; election,
21 tenure of office, compensation, custody of registration
22 records and voting system books, office hours, successor,
23 seal; appointment of deputy supervisors; duties.--
24 (1) A supervisor of elections shall be elected in each
25 county at the general election in each year the number of
26 which is a multiple of four for a 4-year term commencing on
27 the first Tuesday after the first Monday in January succeeding
28 his or her election. Each supervisor shall, before performing
29 any official duty of his or her duties, take the oath
30 prescribed in s. 5, Art. II of the State Constitution.
31
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1 (2) The supervisor's compensation shall be paid by the
2 board of county commissioners.
3 (3) The supervisor is the official custodian of all
4 the registration records books and has the exclusive control
5 of matters pertaining to registration of voters electors.
6 (4) The supervisor shall be the custodian of the
7 voting system in the county and shall appoint deputies
8 necessary to prepare and supervise the voting system prior to
9 and during the elections.
10 (5)(4) At a minimum, the office of the supervisor must
11 be open Monday through Friday, excluding legal holidays, for a
12 period of not less than 8 hours per day, beginning no later
13 than 9 a.m.
14 (6)(5) The supervisor shall preserve statements and
15 other information required to be filed with the supervisor's
16 office pursuant to chapter 106 for a period of 10 years after
17 the from date of receipt.
18 (7)(6) Upon leaving office, the supervisor shall
19 immediately, upon leaving office, deliver to his or her
20 successor immediately all equipment, records, and materials of
21 or connected with belonging to the supervisor's office.
22 (8)(7) Each supervisor may is authorized to obtain and
23 use for the office an impression seal approved by and filed
24 with the department. An impression of the seal with a
25 description thereof shall be filed with the department. The
26 supervisor may impress is empowered to attach an impression of
27 the seal upon official documents and certificates executed
28 over the supervisor's signature and take oaths and
29 acknowledgments under the supervisor's seal in matters
30 pertaining to the supervisor's office. However, the said seal
31 need not be affixed to registration certificates.
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1 (9)(8) Each supervisor may select and appoint and
2 remove, subject to removal by the supervisor, as many deputy
3 supervisors as are necessary, whose compensation must be paid
4 by the supervisor and who shall have the same powers and whose
5 acts shall have the same effect as the acts of the supervisor;
6 except that the supervisor shall limit the power to appoint
7 deputy supervisors to designated deputy supervisors. Each
8 deputy supervisor shall, before entering office, take an oath
9 in writing that he or she will faithfully perform the duties
10 of the deputy supervisor's office, which oath must be
11 acknowledged by the supervisor or a designated deputy
12 supervisor and must be filed in the office of the supervisor.
13 (10)(9) Each supervisor must offer make training in
14 the proper implementation of voter registration procedures
15 available to any individual, group, center for independent
16 living, or public library engaging in voter registration
17 activities in the supervisor's county.
18 (11)(10) Each supervisor must ensure that his or her
19 all voter registration and list maintenance procedures
20 conducted by such supervisor are in compliance with any
21 applicable requirements for that county under the Voting
22 Rights Act of 1965.
23 (12)(11) If a voter registration application indicates
24 that an applicant has been granted a homestead exemption on
25 property that is not the applicant's legal residence, the
26 supervisor shall forward the name and address of the person to
27 the property appraiser for the county in which the homestead
28 is claimed. Each supervisor of elections shall forward to the
29 property appraiser for the county in which the homestead is
30 claimed the name of the person and the address of the
31 homestead of each person who registers to vote at an address
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1 other than that at which the person claims a homestead
2 exemption, as disclosed on the uniform statewide voter
3 registration application pursuant to s. 97.052.
4 Section 5. Section 98.255, Florida Statutes, is
5 transferred, renumbered as section 97.049, Florida Statutes,
6 and amended to read:
7 97.049 98.255 Voter education programs.--
8 (1) By March 1, 2002, The division Department of State
9 shall adopt rules prescribing minimum standards for
10 nonpartisan voter education. In developing the rules, the
11 division department shall review current voter education
12 programs within each county of the state. The standards shall
13 address, but are not limited to, the following subjects:
14 (a) Voter registration;
15 (b) Balloting procedures, absentee and polling place;
16 (c) Voter rights and responsibilities;
17 (d) Distribution of sample ballots; and
18 (e) Public service announcements.
19 (2) Each county supervisor shall implement the minimum
20 voter education standards, and shall conduct additional
21 nonpartisan education efforts as necessary to ensure that
22 voters have a working knowledge of the voting process.
23 (3)(a) By December 15 of each general election year,
24 each supervisor of elections shall report to the division
25 Department of State a detailed description of the voter
26 education programs implemented and any other information that
27 may be useful in evaluating the effectiveness of voter
28 education efforts.
29 (b) The division Department of State, upon receipt of
30 such information, shall prepare a public report on the
31 effectiveness of voter education programs and shall submit the
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1 report to the Governor, the President of the Senate, and the
2 Speaker of the House of Representatives by January 31 of each
3 year following a general election.
4 (c) The division Department of State shall reexamine
5 the rules adopted pursuant to subsection (1) and consider the
6 findings in the report as a basis for adopting modified rules
7 that incorporate successful voter education programs and
8 techniques, as necessary.
9 Section 6. Sections 97.025 and 97.032, Florida
10 Statutes, are repealed.
11 Section 7. Section 97.105, Florida Statutes, is
12 transferred, renumbered as section 98.012, Florida Statutes,
13 and amended to read:
14 98.012 97.105 Permanent single registration system
15 established.--
16 (1) The registration system established in this code
17 is the A permanent single registration system for the
18 registration of voters electors to enable qualify them to vote
19 in all elections in which they are entitled in all is provided
20 for the several counties and municipalities in the state.
21 (2) The supervisor shall maintain a registration list
22 of all voters in the county, including their signatures, and
23 shall maintain the registration list so that the total number
24 of voters in each municipality in the county can be
25 determined.
26 (3) The supervisor shall deliver the records required
27 for a municipal election to the appropriate election official
28 before the election and collect them after the election. The
29 municipality shall reimburse the supervisor for the actual
30 costs incurred. This system shall be put into use by all
31 municipalities and shall be in lieu of any other system of
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1 municipal registration. Electors shall be registered in
2 pursuance of this system by the supervisor or by a deputy
3 supervisor, and electors registered shall not thereafter be
4 required to register or reregister except as provided by law.
5 Section 8. Section 97.041, Florida Statutes, is
6 transferred, renumbered as section 98.013, Florida Statutes,
7 and amended to read:
8 98.013 97.041 Qualifications to register or vote.--
9 (1)(a) A person may vote become a registered voter
10 only if he or she that person:
11 1. Is at least 18 years of age;
12 2. Is a citizen of the United States;
13 3. Is a legal resident of the State of Florida;
14 4. Is a legal resident of the county in which he or
15 she that person seeks to be registered; and
16 5. Registers pursuant to the Florida Election code.
17 (b) A person who is otherwise qualified may
18 preregister on or after his or her that person's 17th birthday
19 and may vote in any election occurring on or after his or her
20 that person's 18th birthday.
21 (2) The following persons, who might be otherwise
22 qualified, are not entitled to register or vote:
23 (a) A person who has been adjudicated mentally
24 incapacitated with respect to voting in this or any other
25 state and who has not had his or her right to vote restored
26 pursuant to law.
27 (b) A person who has been convicted of any felony by
28 any court of record and who has not had his or her right to
29 vote restored pursuant to law.
30 (3) A person who is not registered may not vote.
31
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1 Section 9. Section 97.051, Florida Statutes, is
2 transferred and renumbered as section 98.016, Florida
3 Statutes, to read:
4 98.016 97.051 Oath upon registering.--A person
5 registering to vote must subscribe to the following oath: "I
6 do solemnly swear (or affirm) that I will protect and defend
7 the Constitution of the United States and the Constitution of
8 the State of Florida, that I am qualified to register as an
9 elector under the Constitution and laws of the State of
10 Florida, and that I am a citizen of the United States and a
11 legal resident of Florida."
12 Section 10. Section 97.052, Florida Statutes, is
13 transferred, renumbered as section 98.017, Florida Statutes,
14 and amended to read:
15 98.017 97.052 Uniform statewide voter registration
16 application.--
17 (1) The division department shall prescribe a uniform
18 statewide voter registration application for use in this
19 state.
20 (a) The uniform statewide voter registration
21 application must be accepted for any one or more of the
22 following purposes:
23 1. Initial registration.
24 2. Change of address.
25 3. Change of political party affiliation.
26 4. Change of name.
27 5. Replacement of voter information registration
28 identification card.
29 (b) The division department is responsible for
30 printing the uniform statewide voter registration application
31 and the voter registration application form prescribed by the
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1 Federal Election Commission pursuant to the National Voter
2 Registration Act of 1993. The applications and forms must be
3 distributed, upon request, to the following:
4 1. Individuals seeking to register to vote.
5 2. Individuals or groups conducting voter registration
6 programs. A charge of 1 cent per application shall be assessed
7 on requests for 10,000 or more applications.
8 3. The Department of Highway Safety and Motor
9 Vehicles.
10 4. Voter registration agencies.
11 5. Armed forces recruitment offices.
12 6. Qualifying educational institutions.
13 7. Supervisors, who must make the applications and
14 forms available in the following manner:
15 a. By distributing the applications and forms in their
16 offices to any individual or group.
17 b. By distributing the applications and forms at other
18 locations designated by each supervisor.
19 c. By mailing the applications and forms to applicants
20 upon their the request of the applicant.
21 (c) The uniform statewide voter registration
22 application may not be reproduced by any private individual or
23 group.
24 (2) The uniform statewide voter registration
25 application must be designed to elicit the following
26 information from the applicant:
27 (a) Full name.
28 (b) Date of birth.
29 (c) Address of legal residence.
30 (d) Mailing address, if different.
31 (e) County of legal residence.
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1 (f) Address of property for which the applicant has
2 been granted a homestead exemption, if any.
3 (g) Race or ethnicity that best describes the
4 applicant:
5 1. American Indian or Alaskan Native.
6 2. Asian or Pacific Islander.
7 3. Black, not Hispanic.
8 4. White, not Hispanic.
9 5. Hispanic.
10 (h) Sex.
11 (i) Political party affiliation.
12 (j) Whether the applicant needs assistance in voting.
13 (k) Name and address where last registered.
14 (l) Last four digits of the applicant's social
15 security number.
16 (m) Florida driver's license number or the
17 identification number from a Florida identification card
18 issued under s. 322.051.
19 (n) Telephone number (optional).
20 (o) Signature of applicant under penalty for false
21 swearing pursuant to s. 104.011, by which the person
22 subscribes to the oath required by s. 3, Art. VI of the State
23 Constitution and s. 98.016 s. 97.051, and swears or affirms
24 that the information contained in the registration application
25 is true.
26 (p) Whether the application is being used for initial
27 registration, to update a voter registration record, or to
28 request a replacement voter information registration
29 identification card.
30 (q) Whether the applicant is a citizen of the United
31 States.
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1 (r) That the applicant has not been convicted of a
2 felony or, if convicted, has had his or her civil rights
3 restored.
4 (s) That the applicant has not been adjudicated
5 mentally incapacitated with respect to voting or, if so
6 adjudicated, has had his or her right to vote restored.
7
8 The registration form must be in plain language and designed
9 so that convicted felons whose civil rights have been restored
10 and persons who have been adjudicated mentally incapacitated
11 and have had their voting rights restored are not required to
12 reveal their prior conviction or adjudication.
13 (3) The uniform statewide voter registration
14 application must also contain:
15 (a) The oath required by s. 3, Art. VI of the State
16 Constitution and s. 98.016 s. 97.051.
17 (b) A statement specifying each eligibility
18 requirement under s. 98.013 s. 97.041.
19 (c) The penalties provided in s. 104.011 for false
20 swearing in connection with voter registration.
21 (d) A statement that, if an applicant declines to
22 register to vote, the fact that he or she the applicant has
23 declined to register will remain confidential and may be used
24 only for voter registration purposes.
25 (e) A statement that informs the applicant who chooses
26 to register to vote or update a voter registration record that
27 the office at which he or she the applicant submits a voter
28 registration application or updates a voter registration
29 record will remain confidential and may be used only for voter
30 registration purposes.
31
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1 (f) A statement that informs the applicant that any
2 person who has been granted a homestead exemption in this
3 state, and who registers to vote in any precinct other than
4 the one in which the property for which the homestead
5 exemption has been granted, shall have that information
6 forwarded to the property appraiser where such property is
7 located, which may result in the person's homestead exemption
8 being terminated and the person being subject to assessment of
9 back taxes under s. 193.092, unless the homestead granted the
10 exemption is being maintained as the permanent residence of a
11 legal or natural dependent of the owner and the owner resides
12 elsewhere.
13 (4) A supervisor may produce a voter registration
14 application that has the supervisor's direct mailing address
15 if the division department has reviewed the application and
16 determined that it is substantially the same as the uniform
17 statewide voter registration application.
18 (5) The voter registration application form prescribed
19 by the Federal Election Commission pursuant to the National
20 Voter Registration Act of 1993 or the federal postcard
21 application must be accepted as an application for
22 registration in this state if the completed application or
23 postcard application contains the information required by the
24 constitution and laws of this state.
25 Section 11. Section 97.053, Florida Statutes, is
26 transferred, renumbered as section 98.019, Florida Statutes,
27 and amended to read:
28 98.019 97.053 Acceptance of voter registration
29 applications.--
30 (1) Voter registration applications, changes in
31 registration, and requests for a replacement voter information
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1 registration identification card must be accepted in the
2 office of any supervisor, the division, a driver license
3 office, a voter registration agency, or an armed forces
4 recruitment office when hand delivered by the applicant or a
5 third party during the hours that office is open or when
6 mailed.
7 (2) A completed voter registration application that
8 contains the information necessary to establish an applicant's
9 eligibility pursuant to s. 98.013 s. 97.041 becomes the
10 official voter registration record of that applicant when
11 received by the appropriate supervisor.
12 (3) The registration date for a valid initial voter
13 registration application that has been hand delivered is the
14 date when received by a driver license office, a voter
15 registration agency, an armed forces recruitment office, the
16 division, or the office of any supervisor in the state.
17 (4) The registration date for a valid initial voter
18 registration application that has been mailed and bears a
19 clear postmark is the date of the postmark. If an initial
20 voter registration application that has been mailed does not
21 bear a postmark or if the postmark is unclear, the
22 registration date is the date the registration application is
23 received by any supervisor or the division, unless it is
24 received within 5 days after the closing of registration the
25 books for an election, excluding Saturdays, Sundays, and legal
26 holidays, in which case the registration date is the
27 book-closing date that registration closes.
28 (5)(a) A voter registration application is complete if
29 it contains:
30 1. The applicant's name.
31 2. The applicant's legal residence address.
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1 3. The applicant's date of birth.
2 4. An indication that the applicant is a citizen of
3 the United States.
4 5. The last four digits of the applicant's social
5 security number.
6 6. An indication that the applicant has not been
7 convicted of a felony or that, if convicted, has had his or
8 her civil rights restored.
9 7. An indication that the applicant has not been
10 adjudicated mentally incapacitated with respect to voting or
11 that, if so adjudicated, has had his or her right to vote
12 restored.
13 8. Signature of the applicant swearing or affirming
14 under the penalty for false swearing pursuant to s. 104.011
15 that the information contained in the registration application
16 is true and subscribing to the oath required by s. 3, Art. VI
17 of the State Constitution and s. 98.016 s. 97.051.
18 (b) An applicant who fails to designate political
19 party affiliation must be registered without political party
20 affiliation. The supervisor must notify the voter by mail that
21 the voter has been registered without political party
22 affiliation and that the voter may change political party
23 affiliation as provided in s. 98.037 s. 97.1031.
24 Section 12. Section 97.057, Florida Statutes, is
25 transferred, renumbered as section 98.023, Florida Statutes,
26 and amended to read:
27 98.023 97.057 Voter registration by the Department of
28 Highway Safety and Motor Vehicles.--
29 (1) The Department of Highway Safety and Motor
30 Vehicles shall provide the opportunity to register to vote or
31
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1 to update a voter registration record to each individual who
2 comes to an office of that department to:
3 (a) Apply for or renew a driver's license;
4 (b) Apply for or renew an identification card pursuant
5 to chapter 322; or
6 (c) Change an address on an existing driver's license
7 or identification card.
8 (2) The Department of Highway Safety and Motor
9 Vehicles shall:
10 (a) Notify each individual, orally or in writing,
11 that:
12 1. Information gathered for the completion of a
13 driver's license or identification card application, renewal,
14 or change of address can be automatically transferred to a
15 voter registration application;
16 2. If additional information and a signature are
17 provided, the voter registration application will be completed
18 and sent to the proper election official authority;
19 3. Information provided can also be used to update a
20 voter registration record;
21 4. All declinations will remain confidential and may
22 be used only for voter registration purposes; and
23 5. The particular driver license office in which the
24 person applies to register to vote or updates a voter
25 registration record will remain confidential and may be used
26 only for voter registration purposes.
27 (b) Require a driver's license examiner to inquire
28 orally, or inquire in writing if the applicant is hearing
29 impaired, and whether the applicant wishes to register to vote
30 or update a voter registration record during the completion of
31
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1 a driver's license or identification card application,
2 renewal, or change of address.
3 1. If the applicant chooses to register to vote or to
4 update a voter registration record:
5 a. All applicable information received by the
6 Department of Highway Safety and Motor Vehicles in the course
7 of filling out the forms necessary under subsection (1) must
8 be transferred to a voter registration application;
9 b. The additional necessary information must be
10 obtained by the driver's license examiner and must not
11 duplicate any information already obtained while completing
12 the forms required under subsection (1); and
13 c. A voter registration application with all of the
14 applicant's voter registration information must be presented
15 to the applicant to sign.
16 2. If the applicant declines to register to vote,
17 update his or her the applicant's voter registration record,
18 or change his or her the applicant's address by either orally
19 declining or by failing to sign the voter registration
20 application, the Department of Highway Safety and Motor
21 Vehicles must keep the declination for 2 years.
22 (3) For the purpose of this section, the Department of
23 Highway Safety and Motor Vehicles, with the approval of the
24 division Department of State, shall prescribe:
25 (a) A voter registration application that is the same
26 in content, format, and size as the uniform statewide voter
27 registration application prescribed under s. 98.017 s. 97.052;
28 and
29 (b) A form that will inform applicants under
30 subsection (1) of the information contained in paragraph
31 (2)(a).
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1 (4) The Department of Highway Safety and Motor
2 Vehicles must forward each completed voter registration
3 application applications within 5 days after receipt to the
4 supervisor of the county where the office that processed or
5 received that application is located.
6 (5) The Department of Highway Safety and Motor
7 Vehicles must send, with each driver's license renewal
8 extension application authorized pursuant to s. 322.18(8), a
9 uniform statewide voter registration application, the voter
10 registration application prescribed under paragraph (3)(a), or
11 a voter registration application developed especially for the
12 purposes of this subsection by the Department of Highway
13 Safety and Motor Vehicles, with the approval of the division
14 Department of State, which must meet the requirements of s.
15 98.017 s. 97.052.
16 (6) A person providing voter registration services for
17 a driver license office may not:
18 (a) Seek to influence an applicant's political
19 preference or party registration;
20 (b) Display any political preference or party
21 allegiance;
22 (c) Make any statement to an applicant or take any
23 action the purpose or effect of which is to discourage the
24 applicant from registering to vote; or
25 (d) Disclose any applicant's voter registration
26 information except as needed for the administration of voter
27 registration.
28 (7) The Department of Highway Safety and Motor
29 Vehicles shall compile lists, by county, of those individuals
30 whose names have been purged from its driver's license
31 database because they have been licensed in another state and
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1 shall provide those lists annually to the appropriate
2 supervisors.
3 (8) The Department of Highway Safety and Motor
4 Vehicles shall collect data determined necessary by the
5 division Department of State for program evaluation and
6 reporting to the Federal Election Commission pursuant to the
7 National Voter Registration Act of 1993.
8 (9) The Department of Highway Safety and Motor
9 Vehicles must ensure that all voter registration services
10 provided by driver license offices are in compliance with the
11 Voting Rights Act of 1965.
12 Section 13. Section 97.058, Florida Statutes, is
13 transferred, renumbered as section 98.025, Florida Statutes,
14 and amended to read:
15 98.025 97.058 Voter registration agencies.--
16 (1) Each voter registration agency must provide each
17 applicant the opportunity to register to vote or to update a
18 voter registration record, at the time he or she the applicant
19 applies for services or assistance from that agency, for
20 renewal of such services or assistance, or for a change of
21 address required with respect to the services or assistance.
22 (2) Each voter registration agency, other than a
23 public library, must develop and provide each applicant with a
24 form approved by the division department containing all of the
25 following:
26 (a) The questions:
27 1. "If you are not registered to vote where you live
28 now, would you like to apply to register to vote today?"
29 2. "If you are registered to vote where you live now,
30 would you like to update your voter registration record?"
31
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1 (b) For agencies providing public assistance, the
2 statement, "Applying to register or declining to register to
3 vote will not affect the amount of assistance that you will be
4 provided by this agency."
5 (c) Boxes for the applicant to check which indicate
6 that:
7 1. The applicant would like to register to vote or
8 update a current voter registration;
9 2. The applicant would like to decline to register to
10 vote; or
11 3. The applicant is already registered to vote and
12 does not need to update the voter registration,
13
14 together with the statement, "If you do not check any box, you
15 will be considered to have decided not to register to vote or
16 update a voter registration at this time."
17 (d) The statement, "If you would like help in filling
18 out the voter registration application, we will help you. The
19 decision whether to seek or accept help is yours. You may fill
20 out the voter registration application in private."
21 (e) The statement, "If you believe that someone has
22 interfered with your right to register or to decline to
23 register to vote, your right to privacy in deciding whether to
24 register or in applying to register to vote, or your right to
25 choose your own political party or other political preference,
26 you may file a complaint with the Secretary of State."
27 (f) The address and telephone number of the
28 appropriate office in the division department where a
29 complaint may be filed.
30
31
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1 (g) A statement that all declinations will remain
2 confidential and may be used only for voter registration
3 purposes.
4 (h) A statement that informs the applicant who chooses
5 to register to vote or update a voter registration record that
6 the office at which he or she the applicant submits a voter
7 registration application or updates a voter registration
8 record will remain confidential and may be used only for voter
9 registration purposes.
10 (3)(a) A voter registration agency may use the uniform
11 statewide voter registration application or may create and use
12 a voter registration application that meets the requirements
13 of s. 98.017 s. 97.052, with the approval of the division
14 department.
15 (b) A voter registration agency must provide to each
16 applicant under subsection (1) the voter registration
17 application that the agency decides to use pursuant to
18 paragraph (a). An applicant who seeks indicates a desire to
19 register to vote or update a voter registration record must be
20 provided the same degree of assistance with regard to the
21 completion of that voter registration application as is
22 provided by the agency with regard to the completion of its
23 own forms, unless the applicant refuses that assistance.
24 (4) If a voter registration agency provides services
25 to a person with a disability at his or her the person's home,
26 the agency must also provide voter registration services at
27 that the person's home.
28 (5) A voter registration agency must establish
29 procedures for providing voter registration services to
30 applicants who apply by telephone.
31
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1 (6) A voter registration agency must forward each
2 completed voter registration application applications within 5
3 days after receipt to the supervisor of the county where the
4 agency that processed or received that application is located.
5 (7) A voter registration agency must retain
6 declinations for a period of 2 years, during which time the
7 declinations are not considered a record of the client
8 pursuant to the laws governing the agency's records.
9 (8) A person providing voter registration services for
10 a voter registration agency may not:
11 (a) Seek to influence an applicant's political
12 preference or party registration;
13 (b) Display any political preference or party
14 allegiance;
15 (c) Make any statement to an applicant or take any
16 action the purpose or effect of which is to lead the applicant
17 to believe that a decision to register or not to register has
18 any bearing on the availability of services or benefits;
19 (d) Make any statement to an applicant or take any
20 action the purpose or effect of which is to discourage the
21 applicant from registering to vote; or
22 (e) Disclose any applicant's voter registration
23 information except as needed for the administration of voter
24 registrations.
25 (9) A voter registration agency must collect data
26 determined necessary by the division department for program
27 evaluation and reporting to the Federal Election Commission
28 pursuant to the National Voter Registration Act of 1993.
29 (10) Each state agency that which contracts with a
30 private provider that is also a voter registration agency as
31 defined in s. 97.021 is responsible for contracting for voter
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1 registration services with that provider and for ensuring that
2 the private provider complies with the provisions of this
3 section.
4 (11) Each voter registration agency must ensure that
5 all voter registration services provided by its offices are in
6 compliance with the Voting Rights Act of 1965.
7 Section 14. Section 97.0585, Florida Statutes, is
8 transferred, renumbered as section 98.027, Florida Statutes,
9 and amended to read:
10 98.027 97.0585 Declinations to register; place of
11 registration and registration information; confidentiality.--
12 (1) All declinations to register to vote made pursuant
13 to ss. 98.023 and 98.025 ss. 97.057 and 97.058 are
14 confidential and exempt from the provisions of s. 119.07(1)
15 and s. 24(a), Art. I of the State Constitution and may be used
16 only for voter registration purposes.
17 (2) Information relating to the place where a person
18 registered to vote or where a person updated a voter
19 registration is confidential and exempt from the provisions of
20 s. 119.07(1) and s. 24(a), Art. I of the State Constitution;
21 and a voter's signature, social security number, and telephone
22 number may not be copied and are exempt for that purpose from
23 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
24 State Constitution.
25 Section 15. Section 97.0583, Florida Statutes, is
26 transferred, renumbered as section 98.029, Florida Statutes,
27 and amended to read:
28 98.029 97.0583 Voter registration at qualifying
29 educational institutions.--Each qualifying educational
30 institution shall provide each student enrolled in that
31 institution the opportunity to register to vote or to update a
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1 voter registration record on each campus at least once a year.
2 Qualifying educational institutions are also encouraged to
3 provide voter registration services at other times and places,
4 such as upon application for financial aid, during the
5 admissions process, at registration, upon issuance of student
6 identifications, and at new-student orientation.
7 Section 16. Section 97.061, Florida Statutes, is
8 transferred, renumbered as section 98.032, Florida Statutes,
9 and amended to read:
10 98.032 97.061 Special registration for voters electors
11 requiring assistance.--
12 (1) Any person who is eligible to register and who is
13 unable to read or write or who, because of some disability,
14 needs assistance in voting shall, upon his or her that
15 person's request, be registered by the supervisor under the
16 procedure prescribed by this section and shall be entitled to
17 receive assistance at the polls under the conditions
18 prescribed by this section.
19 (2) If a person is entitled to assistance qualified to
20 register pursuant to this section, the supervisor shall note
21 in that person's registration record and on the precinct
22 register that he or she the person needs assistance in voting.
23 (3) Upon registering any person pursuant to this
24 section, the supervisor must make a notation on the
25 registration books or records which are delivered to the polls
26 on election day that such person is eligible for assistance in
27 voting, and the supervisor may issue such person a special
28 registration identification card or make some notation on the
29 regular registration identification card that such person is
30 eligible for assistance in voting. such voter person shall be
31 entitled to receive the assistance of two election officials
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1 or some other person of his or her own choice, other than the
2 person's employer, the agent of the person's employer, or an
3 officer or agent of the person's union, without the necessity
4 of executing the "Declaration to Secure Assistance" prescribed
5 in s. 101.113 s. 101.051. Such voter person shall notify the
6 supervisor of any change in his or her condition which makes
7 it unnecessary for him or her to continue to receive
8 assistance in voting.
9 Section 17. Section 98.033, Florida Statutes, is
10 created to read:
11 98.033 Assignment of voter to precinct.--The
12 supervisor shall assign each voter registering under the code
13 to the precinct in which such voter has his or her address of
14 legal residence.
15 Section 18. Section 97.071, Florida Statutes, is
16 transferred, renumbered as section 98.035, Florida Statutes,
17 and amended to read:
18 98.035 97.071 Voter information Registration
19 identification card.--
20 (1) A voter information registration identification
21 card must be furnished to all voters registering under the
22 permanent single registration system and must contain:
23 (a) Voter's registration number.
24 (b) Date of registration.
25 (a)(c) Voter's full name.
26 (b)(d) Political party affiliation.
27 (e) Date of birth.
28 (f) Race or ethnicity, if provided by the applicant.
29 (g) Sex, if provided by the applicant.
30 (c)(h) Address of legal residence.
31 (d)(i) Precinct number.
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1 (e)(j) Signature of supervisor.
2 (k) Place for voter's signature.
3 (f)(l) Other information deemed necessary by the
4 division department.
5 (2) A voter may receive a replacement of a
6 registration identification card upon by providing a signed,
7 written request for a replacement card to the supervisor. Upon
8 verification of registration, the supervisor shall issue the
9 voter a duplicate card without charge.
10 (3) In the case of a change of name, address, or
11 political party affiliation, the supervisor must issue the
12 voter a new voter information registration identification
13 card. However, a voter information registration identification
14 card indicating a party affiliation change in political party
15 affiliation made between the book-closing date registration
16 closes for the first primary election and the date of the
17 second primary election may not be issued until after the
18 second primary election.
19 Section 19. Section 97.1031, Florida Statutes, is
20 transferred, renumbered as section 98.037, Florida Statutes,
21 and amended to read:
22 98.037 97.1031 Notice of change of residence within
23 the same county, change of name, or change of political party
24 affiliation.--
25 (1) When a voter an elector moves from the address
26 named on his or her that person's voter registration record to
27 another address within the same county, changes his or her
28 name the elector must provide a signed, written notification
29 of such move to the supervisor and obtain a registration
30 identification card reflecting the new address of legal
31 residence.
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1 (2) When the name of an elector is changed by marriage
2 or other legal process, or changes his or her political the
3 elector must provide a signed, written notification of such
4 change to the supervisor and obtain a registration
5 identification card reflecting the new name.
6 (3) When an elector seeks to change party affiliation,
7 the voter elector must provide a signed, written notification
8 of such intent to the supervisor and obtain a registration
9 identification card reflecting the new party affiliation,
10 subject to the issuance restriction in s. 97.071(3).
11 (2)(4) The supervisor shall make the necessary changes
12 in the voter's elector's records as soon as practical upon
13 receipt of such notice of a change of address of legal
14 residence, name, or party affiliation and shall issue the new
15 voter information registration identification card as required
16 by s. 98.035 s. 97.071(3).
17 Section 20. Section 97.073, Florida Statutes, is
18 transferred, renumbered as section 98.039, Florida Statutes,
19 and amended to read:
20 98.039 97.073 Disposition of voter registration
21 applications; cancellation notice.--
22 (1) The supervisor must notify each applicant of the
23 disposition of the applicant's voter registration application.
24 The notice must inform the applicant that the application has
25 been approved, is incomplete, has been denied, or is a
26 duplicate of a current registration. A voter information
27 registration identification card sent to an applicant
28 constitutes notice of approval of registration. If the
29 application is incomplete, the supervisor must request that
30 the applicant supply the missing information in writing and
31 sign a statement that the additional information is true and
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1 correct. A notice of denial must inform the applicant of the
2 reason the application was denied.
3 (2) Within 2 weeks after approval of a voter
4 registration application that indicates that the applicant was
5 previously registered in another jurisdiction, the supervisor
6 must notify the registration official in the prior
7 jurisdiction that the applicant is now registered in the
8 supervisor's county.
9 Section 21. Section 98.045, Florida Statutes, is
10 amended to read:
11 98.045 Administration of voter registration.--
12 (1) Each supervisor must ensure that any eligible
13 applicant for voter registration is registered to vote. Once a
14 voter is registered, the name of that voter may not be removed
15 from the registration list books except at the written request
16 of the voter, by reason of the voter's conviction of a felony
17 or adjudication as mentally incapacitated with respect to
18 voting, by death of the voter, or pursuant to a registration
19 list maintenance program or other registration list
20 maintenance activity conducted pursuant to s. 98.065 or s.
21 98.075.
22 (2) Information received by a supervisor from an
23 election official in another jurisdiction indicating that a
24 voter in the supervisor's county has registered to vote in
25 that other jurisdiction shall be considered as a written
26 request from the voter to have his or her the voter's name
27 removed from the registration list books of the supervisor's
28 county.
29 (3) Notwithstanding the provisions of s. 98.501 ss.
30 98.095 and 98.097, each supervisor shall maintain for at least
31 2 years, and make available for public inspection and copying,
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1 all records concerning implementation of registration list
2 maintenance programs and activities conducted pursuant to ss.
3 98.065 and 98.075. The records must include lists of the name
4 and address of each person to whom an address confirmation
5 final notice was sent and information as to whether each such
6 person responded to the mailing, but may not include any
7 information that is confidential or exempt from public record
8 requirements under the this code.
9 Section 22. Section 98.055, Florida Statutes, is
10 amended to read:
11 98.055 Registration list maintenance forms.--The
12 division department shall prescribe the following registration
13 list maintenance forms to be used by the supervisors which
14 must include:
15 (1) An "address confirmation request" that must
16 contain:
17 (a) The voter's name and address of legal residence as
18 shown on the voter registration record.
19 (b) A request that the supervisor be informed if
20 either the name or address of legal residence of the voter is
21 incorrect.
22 (2) An "address confirmation final notice," that which
23 must be sent by forwardable mail and must contain a postage
24 prepaid preaddressed return form and a statement that:
25 (a) If the voter has not changed his or her address of
26 legal residence or has changed his or her address of legal
27 residence within the county, the voter should return the
28 return form within 30 days after the date of the notice.
29 (b) If the return form is not returned and the voter
30 does not offer to vote by the second general election
31
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1 thereafter, the voter's name will be removed from the voter
2 registration list books.
3 (c) If the voter has changed his or her address of
4 legal residence to a location outside the county:
5 1. The voter should return the return form, which will
6 serve as a request to be removed from the registration list
7 books; and
8 2. The voter will be provided with information on how
9 to register in the new jurisdiction in order to be eligible to
10 vote.
11 Section 23. Section 98.065, Florida Statutes, is
12 amended to read:
13 98.065 Registration list maintenance programs.--
14 (1) The supervisor must conduct a general registration
15 list maintenance program to protect the integrity of the
16 electoral process by ensuring the maintenance of accurate and
17 current voter registration records. The program must be
18 uniform, nondiscriminatory, and in compliance with the Voting
19 Rights Act of 1965.
20 (2) A supervisor must incorporate one or more of the
21 following procedures in the supervisor's biennial registration
22 list maintenance program under which:
23 (a) Change-of-address information supplied by the
24 United States Postal Service through its licensees is used to
25 identify registered voters whose addresses might have changed;
26 (b) Change-of-address information is identified from
27 returned nonforwardable return-if-undeliverable mail sent to
28 all registered voters in the county; or
29 (c) Change-of-address information is identified from
30 returned nonforwardable return-if-undeliverable address
31 confirmation requests mailed to all registered voters who have
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1 not voted in the last 2 years and who did not make a written
2 request that their registration records be updated during that
3 time.
4 (3) A registration list maintenance program must be
5 conducted by each supervisor, at a minimum, in each
6 odd-numbered year and must be completed not later than 90 days
7 prior to the date of any federal election. A voter's name may
8 not be removed from the registration list books later than 90
9 days prior to the date of a federal election. However, nothing
10 in this section shall preclude the removal of the name of a
11 voter from the voter registration list books, at any time and
12 without prior notification, upon the written request of the
13 voter, by reason of conviction of the voter of a felony, by
14 reason of adjudication of the voter as mentally incapacitated
15 with respect to voting, by reason of the death of the voter,
16 or upon a determination of ineligibility as provided in s.
17 98.075(3).
18 (4) If the supervisor receives change-of-address
19 information from the United States Postal Service or its
20 licensees or from jury notices signed by the voter and
21 returned to the courts, which indicates that:
22 (a) The voter has moved within the supervisor's
23 county, the supervisor must change the registration records to
24 show the new address and must send the voter a notice of the
25 change by forwardable mail, including a postage prepaid
26 preaddressed return form with which the voter may verify or
27 correct the address information.
28 (b) The voter has moved outside the supervisor's
29 county, or which contains no forwarding address, the
30 supervisor shall send an address confirmation final notice and
31
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1 remove the name of the voter from the registration record if
2 that voter did not:
3 1. Return the postage prepaid preaddressed return
4 form;
5 2. Appear to vote;
6 3. Change his or her the voter's registration; or
7 4. Request an absentee ballot
8
9 during the period beginning on the date when the address
10 confirmation final notice was sent and ending on the day after
11 the date of the second general election thereafter.
12 (5) The supervisor must designate as inactive all
13 voters who have been sent an address confirmation final notice
14 and who have not returned the postage prepaid preaddressed
15 return form within 30 days. A voter on the inactive list must
16 be allowed to vote and to change his or her the voter's name
17 or address of legal residence at the polls pursuant to s.
18 101.063 s. 101.045. Names on the inactive list may not be used
19 to calculate the number of signatures needed on any petition
20 or the quantity of voting equipment needed.
21 Section 24. Section 98.075, Florida Statutes, is
22 amended to read:
23 98.075 Other registration list maintenance
24 activities.--
25 (1) The supervisor may send an address confirmation
26 request to any voter whose name is on the list of drivers who
27 have been removed by the Department of Highway Safety and
28 Motor Vehicles from its driver's license database by reason of
29 being licensed in another state. If the address confirmation
30 request is returned to the supervisor by the United States
31 Postal Service with change-of-address information, the
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1 supervisor must proceed in accordance with the procedures in
2 s. 98.065(4).
3 (2) The supervisor may send an address confirmation
4 request to any voter who whom the supervisor has reason to
5 believe has moved from his or her legal residence. If the
6 address confirmation request is returned to the supervisor by
7 the United States Postal Service with change-of-address
8 information, the supervisor must proceed in accordance with
9 the procedures in s. 98.065(4).
10 (3)(a) When the supervisor believes that a voter is
11 not at least 18 years of age, is not a citizen of the United
12 States, is a fictitious person, or has listed a residence that
13 is not his or her legal residence, the supervisor must notify
14 the person at his or her last known address by certified mail.
15 If there is evidence that the notice was not received, notice
16 must be given by publication in a newspaper of general
17 circulation in the county where the person was last registered
18 or last known. The notice by publication must run one time.
19 The notification must plainly state that the registration is
20 allegedly invalid and must be in the form of a notice to show
21 cause why the person's name should not be removed from the
22 registration list books. The notice must state a time and
23 place for the person so notified to appear before the
24 supervisor to show cause why his or her name should not be
25 removed.
26 (b) Upon hearing all evidence in an administrative
27 hearing, the supervisor must determine whether there is
28 sufficient evidence to strike the person's name from the
29 registration list books. If the supervisor determines that
30 there is sufficient evidence, he or she must strike the name.
31
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1 (c) Appeal may be taken to the circuit court in and
2 for the county where the person was registered. Notice of
3 appeal must be filed within the time and in the manner
4 provided by the Florida Rules of Appellate Procedure and acts
5 as supersedeas. Trial in the circuit court is de novo and
6 governed by the rules of that court. Unless the person can
7 show that his or her name was erroneously or illegally
8 stricken from the registration list books or that he or she is
9 indigent, the person must bear the costs of the trial in the
10 circuit court. Otherwise, the cost of the appeal must be paid
11 by the board of county commissioners.
12 Section 25. Section 98.081, Florida Statutes, is
13 amended to read:
14 98.081 Names removed from registration list books;
15 restrictions on reregistering; recordkeeping; restoration of
16 erroneously or illegally removed names.--
17 (1) Any voter person who requests requested that his
18 or her name be removed from the registration list books
19 between the book-closing date registration closes for of the
20 first primary and the date of the second primary may not
21 register in a different political party until after the date
22 of the second primary election.
23 (2) When the name of any voter elector is removed from
24 the registration list books pursuant to s. 98.065, s. 98.075,
25 or s. 98.093, or s. 98.0977, the voter's elector's original
26 registration form shall be filed alphabetically in the office
27 of the supervisor. As alternatives, registrations removed from
28 the registration list books may be microfilmed and such
29 microfilms substituted for the original registration forms;
30 or, when voter registration information, including the voter's
31 signature, is maintained digitally or on electronic, magnetic,
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1 or optic media, such stored information may be substituted for
2 the original registration form. Such microfilms or stored
3 information shall be retained in the custody of the
4 supervisor. In the event the original registration forms are
5 microfilmed or maintained digitally or on electronic or other
6 media, such originals may be destroyed in accordance with the
7 schedule approved by the Bureau of Archives and Records
8 Management of the Division of Library and Information Services
9 of the department.
10 (3) When the name of any voter elector has been
11 erroneously or illegally removed from the registration list
12 books, the name of the voter elector shall be restored by the
13 supervisor upon satisfactory proof of that fact, even though
14 the registration period for that election is closed.
15 Section 26. Section 98.093, Florida Statutes, is
16 amended to read:
17 98.093 Duty of officials to furnish lists of deceased
18 persons, persons adjudicated mentally incapacitated, and
19 persons convicted of a felony.--
20 (1)(a) The Department of Health shall furnish monthly
21 to each supervisor of elections a list containing the name,
22 address, date of birth, race, and sex of each deceased person
23 17 years of age or older who was a resident of that such
24 supervisor's county.
25 (b)(2) Each clerk of the circuit court shall, at least
26 once each month, deliver to each supervisor of elections a
27 list stating the name, address, date of birth, race, and sex
28 of:
29 1. Each person convicted of a felony during the
30 preceding calendar month who was a resident of that
31
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1 supervisor's county; and, a list stating the name, address,
2 date of birth, race, and sex of
3 2. Each person adjudicated mentally incapacitated with
4 respect to voting during the preceding calendar month who was
5 a resident of that supervisor's county, and a list stating the
6 name, address, date of birth, race, and sex of each person
7 whose mental capacity with respect to voting has been restored
8 who was a resident of that supervisor's county.
9 (c)(3) Upon receipt of information from the United
10 States Attorney, listing persons convicted of a felony in
11 federal court, the division department shall immediately
12 forward such information to the supervisor of elections for
13 the county where the offender resides.
14 (2)(4) Upon receipt of any such list under subsection
15 (1), the supervisor shall remove from the registration list
16 books the name of any person listed who is deceased, convicted
17 of a felony, or adjudicated mentally incapacitated with
18 respect to voting. A person who has had his or her mental
19 capacity with respect to voting restored or who has had his or
20 her right to vote restored after conviction of a felony shall
21 be required to reregister to have his or her name restored to
22 the registration list books.
23 (3)(5) Nothing in This section does not shall limit or
24 restrict the supervisor in his or her duty to remove the names
25 of such persons from the registration list books after
26 verification of information received from other sources.
27 Section 27. Section 98.0977, Florida Statutes, is
28 amended to read:
29 98.0977 Statewide voter registration database;
30 development and maintenance.--
31
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1 (1) From the funds appropriated, the department may
2 contract with the Florida Association of Court Clerks to
3 analyze, design, develop, operate, and maintain a statewide,
4 on-line voter registration database and associated website, to
5 be fully operational statewide by June 1, 2002. The database
6 shall contain voter registration information from each of the
7 67 supervisors of elections in this state and shall be
8 accessible through an Internet website. The system shall
9 provide functionality for ensuring that the database is
10 updated on a daily basis to determine if a registered voter is
11 ineligible to vote for any of the following reasons,
12 including, but not limited to:
13 (a) The voter is deceased;
14 (b) The voter has been convicted of a felony and has
15 not had his or her civil rights restored; or
16 (c) The voter has been adjudicated mentally
17 incompetent and his or her mental capacity with respect to
18 voting has not been restored.
19
20 The database shall also allow for duplicate voter
21 registrations to be identified.
22 (2) The department of State shall not contract with
23 any private entity other than the Florida Association of Court
24 Clerks for the operation or maintenance of the statewide voter
25 registration database.
26 (3) In administering the database, each supervisor of
27 elections shall compare registration information provided by a
28 person voter with information held by the Department of Law
29 Enforcement, the Board of Executive Clemency, the Office of
30 Vital Statistics, and other relevant sources. If the
31 supervisor of elections finds information that suggests that a
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1 person voter is ineligible to register to vote, the supervisor
2 of elections shall notify the person voter by certified United
3 States mail. The notification shall contain a statement as to
4 the reason for the person's voter's potential ineligibility to
5 register to vote and shall request information from the voter
6 on forms provided by the supervisor of elections in order to
7 make a final determination on the person's voter's
8 eligibility. After reviewing the information requested by the
9 supervisor of elections and provided by the person voter, if
10 the supervisor of elections determines that the person voter
11 is not eligible to vote under the laws of this state, the
12 supervisor of elections shall notify the person voter by
13 certified United States mail that he or she has been found
14 ineligible to register to vote in this state, shall state the
15 reason for the ineligibility, and shall inform the person
16 voter that his or her name he or she will be removed from the
17 voter registration list rolls.
18 (4) To the maximum extent feasible, state and local
19 government entities shall facilitate provision of information
20 and access to data to the Florida Association of Court Clerks
21 in order to compare information in the statewide voter
22 registration database with available information in other
23 computer databases, including, but not limited to, databases
24 that contain reliable criminal records and records of deceased
25 persons. State and local governmental agencies that provide
26 such data shall do so without charge if the direct cost
27 incurred by those agencies is not significant.
28 (5) The division of Elections shall provide written
29 quarterly progress reports on each phase of development of the
30 voter registration database to the President of the Senate and
31
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1 the Speaker of the House of Representatives beginning July 1,
2 2001, and continuing until the database is fully implemented.
3 (6) The duties of the supervisors of elections under
4 this section shall be considered part of their regular
5 registration list maintenance duties under this chapter, and
6 any supervisor of elections who willfully refuses or willfully
7 neglects to perform his or her duties under this section shall
8 be in violation of s. 104.305 s. 104.051(2).
9 Section 28. Section 97.055, Florida Statutes, is
10 transferred, renumbered as section 98.105, Florida Statutes,
11 and amended to read:
12 98.105 97.055 Registration books; when closed for an
13 election.--
14 (1) The Registration books must close be closed on the
15 29th day before each election and must remain closed until
16 after that election. If an election is called and there are
17 fewer than 29 days before that election, the registration for
18 that election books must close be closed immediately. When the
19 registration is books are closed for an election, voter
20 registration and party changes in political party affiliation
21 must be accepted but only for the purpose of subsequent
22 elections. However, party changes in political party
23 affiliation received between the book-closing date
24 registration closed for of the first primary election and the
25 date of the second primary election are not effective until
26 after the second primary election.
27 (2) In computing the 29-day period for the closing of
28 the registration for an election books, the day of the
29 election is excluded and all other days are included. If the
30 29th day preceding an election falls on a Sunday or a legal
31
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1 holiday, the registration books must close be closed on the
2 next day that is not a Sunday or a legal holiday.
3 Section 29. Section 97.0555, Florida Statutes, is
4 transferred, renumbered as section 98.108, Florida Statutes,
5 and amended to read:
6 98.108 97.0555 Late registration.--An individual or
7 accompanying family member who has been discharged or
8 separated from the uniformed services, Merchant Marine, or
9 from employment outside the territorial limits of the United
10 States, after registration closes the book closing for an
11 election pursuant to s. 98.105 and s. 97.055 who is otherwise
12 qualified, may register to vote in such election in the office
13 of the supervisor until 5 p.m. on the Friday before that
14 election. Such persons must produce sufficient documentation
15 showing evidence of qualifying for late registration pursuant
16 to this section. The division Department of State shall adopt
17 rules specifying documentation that is sufficient to determine
18 eligibility.
19 Section 30. Section 98.212, Florida Statutes, is
20 amended to read:
21 98.212 Supervisors to furnish statistical and other
22 information.--
23 (1)(a) Upon written request, supervisors shall, as
24 promptly as possible, furnish to recognized public or private
25 universities and senior colleges within the state, to state or
26 county governmental agencies, and to recognized political
27 party committees statistical information for the purpose of
28 analyzing election returns and results.
29 (b) Supervisors may require reimbursement for any part
30 or all of the actual expenses of supplying any information
31 requested under paragraph (a). For the purposes of this
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1 subsection, supervisors may use the services of any research
2 and statistical personnel that may be supplied.
3 (c) Lists of names submitted to supervisors for
4 indication of registration or nonregistration or of political
5 party affiliation shall be processed at any time at cost,
6 except that in no case shall the charge exceed 10 cents for
7 each name on which the information is furnished.
8 (2) The supervisors shall provide information as
9 requested by the division department for program evaluation
10 and reporting to the Federal Election Commission pursuant to
11 the National Voter Registration Act of 1993.
12 (3) The supervisors shall provide information as
13 requested by the division department for the creation and
14 maintenance of the statewide voter registration database
15 central voter file.
16 (4) By January 15 of each general election year, the
17 supervisor shall furnish the division with the total number of
18 voters as of January 1 registered in each political party and
19 the total number of voters with no party affiliation for that
20 supervisor's county.
21 (5) Within 15 days after the closing of registration
22 prior to the presidential preference primary, first primary,
23 second primary, and general election, each supervisor shall
24 furnish the division with the total number of voters of each
25 political party and the total number of voters with no party
26 affiliation for that supervisor's county and for each
27 legislative and each congressional district or any portion
28 thereof located within that county.
29 Section 31. Section 98.461, Florida Statutes, is
30 amended to read:
31
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1 98.461 Registration form; filing and storage, precinct
2 register; contents.--A registration form, approved by the
3 division Department of State, containing the information
4 required in s. 98.017 s. 97.052 shall be filed alphabetically
5 in the office of the supervisor as the master list of voters
6 electors of the county. However, the registration forms may be
7 microfilmed and such microfilms substituted for the original
8 registration forms; or, when voter registration information,
9 including the voter's signature, is maintained digitally or on
10 electronic, magnetic, or optic media, such stored information
11 may be substituted for the original registration form. Such
12 microfilms or stored information shall be retained in the
13 custody of the supervisor and the original registration forms
14 shall be maintained of elections. In the event the original
15 registration forms are microfilmed or maintained digitally or
16 on electronic or other media, such originals may be destroyed
17 in accordance with the schedule approved by the Bureau of
18 Archives and Records Management of the Division of Library and
19 Information Services of the department of State. As an
20 alternative, the information from the registration form,
21 including the signature, may be electronically reproduced and
22 stored. as provided in s. 98.451. A computer printout may be
23 used at the polls as a precinct register in lieu of the
24 registration books. The precinct register shall contain the
25 date of the election, the precinct number, and the following
26 information concerning each registered elector: last name,
27 first name, and middle name or initial; party affiliation;
28 residence address; registration number; date of birth; sex, if
29 provided; race, if provided; whether the voter needs
30 assistance in voting; and such other additional information as
31 to readily identify the elector. The precinct register may
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1 also contain a list of the forms of identification, which must
2 include, but is not limited to, a Florida driver's license, a
3 Florida identification card issued under s. 322.051, or
4 another form of picture identification approved by the
5 Department of State. The precinct register may also contain a
6 space for the elector's signature, a space for the initials of
7 the witnessing clerk or inspector, and a space for the
8 signature slip or ballot number.
9 Section 32. Section 98.095, Florida Statutes, is
10 transferred, renumbered as section 98.501, Florida Statutes,
11 and amended to read:
12 98.501 98.095 Registration records County registers
13 open to inspection; copies.--
14 (1)(a)1. The Registration records books of each county
15 in this state are public records. Any citizen of the state
16 may is allowed to examine the registration records books of
17 any county while they are in the custody of the supervisor of
18 that county, but may not is not allowed to make copies or
19 extracts therefrom except as provided by this section.
20 2. Within 15 days after of a request for voter
21 registration information, the supervisor shall furnish any
22 requested information, excluding only a voter's signature and
23 social security number and any such other information that is
24 by statute specifically made confidential or is exempt from
25 public records requirements, which the supervisor maintains.
26 pursuant to "The Florida Election Code."
27 (b) Notwithstanding paragraph (a), if after the most
28 recent election there is a request for information relating to
29 voters electors who voted in that election, within 15 days
30 after of the request the supervisor shall either provide the
31 information or allow the persons, entities, or agents thereof,
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1 as authorized in this section, to personally extract or copy
2 the information.
3 (c) Actual costs of duplication of information
4 authorized by this section for release to the public shall be
5 charged in accordance with the provisions of s. 119.07.
6 (2) The information provided by the supervisor
7 pursuant to this section shall be furnished only to:
8 (a) Municipalities;
9 (b) Other governmental agencies;
10 (c) Candidates, to further their candidacy;
11 (d) Registered political committees, registered
12 committees of continuous existence, and political parties or
13 officials thereof, for political purposes only; and
14 (e) Incumbent officeholders, to report to their
15 constituents.
16
17 Such information shall not be used for commercial purposes. A
18 No person to whom a list of registered voters is made
19 available pursuant to this section, or a and no person who
20 acquires such a list, may not shall use any information
21 contained therein for purposes that which are not related to
22 elections, political or governmental activities, voter
23 registration, or law enforcement.
24 (3) Any person who acquires a list of registered
25 voters from the office of the supervisor shall take and
26 subscribe to an oath that must which shall be in substantially
27 the following form:
28
29 I hereby swear or affirm that I am a person authorized
30 by s. 98.501 s. 98.095, Florida Statutes, to acquire
31 information on registered voters of .... County, Florida; that
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1 the information acquired will be used only for the purposes
2 prescribed in that section and for no other purpose; and that
3 I will not permit the use or copying of such information by
4 persons not authorized by the Election Code of the State of
5 Florida.
6
7 ...(Signature of person acquiring list)...
8
9 Sworn to and subscribed before me this .... day of
10 ...., ...(year)....
11
12 ...(Signature and title of person administering oath)...
13
14 Section 33. Section 98.0979, Florida Statutes, is
15 transferred, renumbered as section 98.503, Florida Statutes,
16 and amended to read:
17 98.503 98.0979 Statewide voter registration database
18 open to inspection; copies.--
19 (1)(a) The voter registration information of the state
20 constitutes public records. Any citizen shall be allowed to
21 examine the voter registration records, but may not make any
22 copies or extract therefrom except as provided by this
23 section.
24 (b) Within 15 days after a request for voter
25 registration information, the division or supervisor of
26 elections shall furnish any requested information, excluding
27 only a voter's signature, social security number, and any such
28 other information that is by statute specifically made
29 confidential or is exempt from public records requirements.
30
31
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1 (c) Actual costs of duplication of information
2 authorized by this section for release to the public shall be
3 charged in accordance with the provisions of s. 119.07.
4 (2) The information provided by the division or
5 supervisor of elections pursuant to this section shall be
6 furnished only to:
7 (a) Municipalities;
8 (b) Other governmental agencies;
9 (c) Political candidates, for the purpose of
10 furthering their candidacies;
11 (d) Registered political committees, certified
12 committees of continuous existence, and political parties or
13 officials thereof, for political purposes only; and
14 (e) Incumbent officeholders, for the purpose of
15 reporting to their constituents.
16 (3) Such information may shall not be used for
17 commercial purposes. A No person to whom a list of registered
18 voters is made available pursuant to this section, or a and no
19 person who acquires such a list, may not shall use any
20 information contained therein for purposes that which are not
21 related to elections, political or governmental activities,
22 voter registration, or law enforcement.
23 (4) Any person who acquires a list of registered
24 voters from the division or supervisor of elections shall take
25 and subscribe to an oath that must which shall be in
26 substantially the following form:
27
28 I hereby swear (or affirm) that I am a person
29 authorized by s. 98.503 s. 98.0979, Florida Statutes, to
30 acquire information on the registered voters of Florida; that
31 the information acquired will be used only for the purposes
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1 prescribed in that section and for no other purpose; and that
2 I will not permit the use or copying of such information by
3 persons not authorized by the Election Code of the State of
4 Florida.
5 ...(Signature of person acquiring list)...
6
7 Sworn and subscribed before me this .... day of ........,
8 ...(year)....
9 ...(Name of person providing list)...
10 Section 34. Section 97.023, Florida Statutes, is
11 transferred, renumbered as section 98.511, Florida Statutes,
12 and amended to read:
13 98.511 97.023 Procedures on complaints of
14 violations.--
15 (1)(a) Any person who is aggrieved by a violation of
16 either the National Voter Registration Act of 1993 or a voter
17 registration or removal procedure under the Florida Election
18 code may file a written complaint with the division
19 department, which shall serve as notice to the Secretary of
20 State.
21 (b) The A complaint must state the alleged violation
22 and the person or entity responsible, who or which must be the
23 division department, a voter registration agency, a
24 supervisor, the Department of Highway Safety and Motor
25 Vehicles, or an armed forces recruitment office Center. If the
26 division department determines that a complaint fails to
27 allege both a violation and a person or entity responsible for
28 the violation, the division department shall inform the
29 complainant that he or she has not given sufficient notice and
30 shall include the steps that must be taken in order to give
31 proper notice.
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1 (c) For the purposes of this section, a violation of
2 either the National Voter Registration Act of 1993 or a voter
3 registration or removal procedure under the Florida Election
4 code is the failure to perform an act required or the
5 performance of an act prohibited by either the National Voter
6 Registration Act of 1993 or a voter registration or removal
7 procedure under the Florida Election code.
8 (d) The division department has primary jurisdiction
9 over complaints filed under the provisions of this section.
10 (2) When a complaint is filed with the division
11 department, the parties to the complaint must be given the
12 opportunity to resolve the complaint through an informal
13 dispute resolution process to be established by the division
14 department. This process must provide for the following:
15 (a) A time limitation of 30 days on the process,
16 unless the alleged violation occurred within 120 days before
17 the date of an election, in which case there must be a time
18 limitation of 20 days;
19 (b) A mediator provided by the division department,
20 who may be a division department employee unless the division
21 department is alleged to be responsible for the violation, in
22 which case the Governor must appoint a mediator who is not a
23 division department employee;
24 (c) Notice to the a complainant;
25 (d) Notice to the a respondent of the allegations
26 filed against him or her in the complaint;
27 (e) An opportunity for the parties to submit written
28 statements, present oral argument either in person or by
29 telephone, and present evidence; and
30
31
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1 (f) A written statement by the mediator to the
2 division department stating the outcome of the dispute
3 resolution process.
4 (3) If an alleged violation occurred within 30 days
5 before the date of a state or federal election and the alleged
6 violation will affect the registrant's right to vote in that
7 election, the complainant may immediately bring an action in
8 the circuit court in the county where the alleged violation
9 occurred. Otherwise, the following are conditions precedent
10 for a complainant to bring an action for declaratory or
11 injunctive relief in the circuit court in the county where the
12 alleged violation occurred:
13 (a) The complainant gave proper written notice of the
14 alleged violation to the division Secretary of State;
15 (b) The complainant participated in the informal
16 dispute resolution process; and
17 (c) An agreement was is not reached or an alleged
18 violation was is not corrected within 90 days after receipt of
19 notice or 20 days after receipt of notice if the alleged
20 violation occurred within 120 days before the date of an
21 election.
22 Section 35. Sections 98.097, 98.101, 98.181, 98.231,
23 98.451, 98.471, 98.481, and 98.491, Florida Statutes, are
24 repealed.
25 Section 36. Section 99.012, Florida Statutes, is
26 amended to read:
27 99.012 Resign-to-Run Law; restrictions on individuals
28 qualifying for public office.--
29 (1) This section may be cited as the "Resign-to-Run
30 Law."
31 (2)(1) As used in this section, the term:
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1 (a) "Officer" means a person, whether elected or
2 appointed, who has the authority to exercise the sovereign
3 power of the state pertaining to an office recognized under
4 the State Constitution or laws of the state. With respect to
5 a municipality, the term "officer" means a person, whether
6 elected or appointed, who has the authority to exercise
7 municipal power as provided by the State Constitution, state
8 laws, or municipal charter.
9 (b) "Subordinate officer" means a person to whom an
10 officer who has been delegated the authority to exercise the
11 sovereign power of the state by an officer. With respect to a
12 municipality, the term subordinate officer means a person to
13 whom an officer who has been delegated the authority to
14 exercise municipal power by an officer.
15 (3)(2) A No person may not qualify as a candidate for
16 more than one public office, whether federal, state, district,
17 county, or municipal, if the terms or any part thereof run
18 concurrently with each other.
19 (4)(3)(a) An No officer may not qualify as a candidate
20 for another public office, whether state, district, county, or
21 municipal, if the terms or any part thereof run concurrently
22 with each other, without resigning from the office currently
23 held he or she presently holds.
24 (b) The resignation is irrevocable.
25 (c) The written resignation must be submitted in
26 writing at least 10 days prior to the first day of the
27 qualifying period for the office sought he or she intends to
28 seek.
29 (d) The resignation must be effective no later than
30 the earlier of the following dates:
31
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1 1. The date the officer would take office, if elected;
2 or
3 2. The date the officer's successor is required to
4 take office.
5 (e)1. An elected district, county, or municipal
6 officer must submit his or her resignation to the filing
7 officer before whom he or she qualified for the office
8 currently held he or she holds, with a copy to the Governor
9 and the division Department of State.
10 2. An appointed district, county, or municipal officer
11 must submit his or her resignation to the appointing officer
12 or authority for which appointed him or her to the office
13 currently held he or she holds, with a copy to the Governor
14 and the division Department of State.
15 3. All other officers must submit their resignations
16 to the Governor, with a copy to the division Department of
17 State.
18 (f)1. With regard to an elective office, the
19 resignation creates a vacancy for the purpose of filling the
20 office in office to be filled by election. Persons may
21 qualify as candidates for nomination and election as if the
22 public officer's term were otherwise scheduled to expire. The
23 office is deemed vacant upon the effective date set forth in
24 the resignation.
25 2. With regard to an elective charter county office or
26 elective municipal office, the vacancy created by the
27 officer's resignation may be filled for that portion of the
28 officer's unexpired term in the a manner provided by the
29 respective charter. The office is deemed vacant upon the
30 effective date set forth in of the resignation submitted by
31 the official in his or her letter of resignation.
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1 (g) Any officer who submits his or her resignation,
2 effective immediately or effective on a date prior to the date
3 of his or her qualifying for office, may then qualify for
4 office as a nonofficeholder, and the provisions of this
5 subsection do not apply.
6 (5)(4)(a) An Any officer who qualifies for federal
7 public office must resign from the office currently held he or
8 she presently holds if the terms or any part thereof run
9 concurrently with each other.
10 (b) The resignation is irrevocable.
11 (c) The resignation must be submitted in writing no
12 later than the date upon which the officer qualifies for
13 office.
14 (d) The written resignation must be effective no later
15 than the earlier of the following dates:
16 1. The date the officer would take office, if elected;
17 or
18 2. The date the officer's successor is required to
19 take office.
20 (e)1. An elected district, county, or municipal
21 officer must submit his or her resignation to the filing
22 officer before whom he or she qualified for the office
23 currently held he or she holds, with a copy to the Governor
24 and the division Department of State.
25 2. An appointed district, county, or municipal officer
26 must submit his or her resignation to the appointing officer
27 or authority for which appointed him or her to the office
28 currently held he or she holds, with a copy to the Governor
29 and the division Department of State.
30
31
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1 3. All other officers must submit their resignations
2 to the Governor, with a copy to the division Department of
3 State.
4 (f)1. The failure of an officer who qualifies for
5 federal public office to submit a resignation pursuant to this
6 subsection constitutes an automatic irrevocable resignation,
7 effective immediately, from the office currently held he or
8 she presently holds.
9 2. The division Department of State shall send a
10 notice of the automatic resignation to the Governor, and, in
11 the case of a district, county, or municipal officer, a copy
12 to:
13 a. The filing officer before whom he or she qualified
14 if the office officer held was an elective office; or
15 b. The appointing person or authority who appointed
16 the officer if the office officer held was an appointive
17 office.
18 (g)1. The provisions of any special act to the
19 contrary notwithstanding, with regard to an elective office,
20 the resignation creates a vacancy in office to be filled by
21 election, thereby permitting persons to qualify as candidates
22 for nomination and election as if the officer's term were
23 otherwise scheduled to expire. The office is deemed vacant
24 upon the effective date set forth in the resignation.
25 2. With regard to an elective charter county office or
26 elective municipal office, the vacancy created by the
27 officer's resignation may be filled for that portion of the
28 officer's unexpired term in the a manner provided by the
29 respective charter. The office is deemed vacant upon the
30 effective date set forth in of the resignation submitted by
31 the official in his or her letter of resignation.
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1 (6)(5) A person who is a subordinate officer, deputy
2 sheriff, or police officer must resign effective upon
3 qualifying pursuant to this chapter if the person is seeking
4 to qualify for a public office that is currently held by an
5 officer who has authority to appoint, employ, promote, or
6 otherwise supervise that person and who has qualified as a
7 candidate for reelection to that office.
8 (7)(6) The name of any person who does not comply with
9 this section may be removed from every ballot on which it
10 appears when ordered by a circuit court upon the petition of a
11 voter an elector or the division Department of State.
12 (8)(7) This section does not apply to:
13 (a) Political party offices.
14 (b) Persons serving without salary as members of an
15 appointive board or authority.
16 (9)(8) Nothing contained in Subsections (4) and (5) do
17 not apply (3) and (4) relates to persons holding any federal
18 office.
19 Section 37. Section 99.021, Florida Statutes, is
20 amended to read:
21 99.021 Form of candidate oath.--
22 (1)(a) Each candidate, whether a party candidate, a
23 candidate with no party affiliation, or a write-in candidate,
24 In order to qualify for nomination or election to any office
25 other than a nonpartisan judicial office governed by as
26 defined in chapter 105, each candidate must shall take and
27 subscribe to a written an oath or affirmation in writing. A
28 printed copy of the oath or affirmation shall be furnished to
29 the candidate by the filing officer before whom such candidate
30 seeks to qualify and shall be substantially in the following
31 form:
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1
2 State of Florida
3 County of....
4 I, Before me, an officer authorized to administer
5 oaths, personally appeared ...(please print name as you wish
6 it to appear on the ballot)..., swear or affirm that I am to
7 me well known, who, being sworn, says that he or she is a
8 candidate for the office of ....; that I am he or she is a
9 voter qualified elector of .... County, Florida; that I am he
10 or she is qualified under the Constitution and the laws of
11 Florida to hold the office to which I seek election he or she
12 desires to be nominated or elected; that I have he or she has
13 taken the oath required by ss. 876.05-876.10, Florida
14 Statutes; that I have not he or she has qualified for another
15 no other public office in the state, the term of which office
16 or any part thereof runs concurrently concurrent with that of
17 the office I seek he or she seeks; and that I have he or she
18 has resigned from any office from which I am he or she is
19 required to resign pursuant to s. 99.012, Florida Statutes.
20 ...(Signature of candidate)...
21 ...(Address)...
22
23 Sworn to and subscribed before me this .... day of ....,
24 ...(year)..., at .... County, Florida.
25 ...(Signature and title of officer administering oath)...
26
27 (b) In addition, each any person seeking to qualify
28 for nomination as a candidate of a any political party shall,
29 at the time of subscribing to the oath or affirmation,
30 indicate state in writing:
31 1. The party of which the person is a member.
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1 2. That the person is not a registered member of any
2 other political party. and
3 3. That the person has not been a candidate for
4 nomination for any other political party for a period of 6
5 months preceding the general election for which he or she the
6 person seeks to qualify.
7 3. That the person has paid the assessment levied
8 against him or her, if any, as a candidate for said office by
9 the executive committee of the party of which he or she is a
10 member.
11 (c) The officer before whom such person qualifies
12 shall certify the name of such person to the supervisor of
13 elections in each county affected by such candidacy so that
14 the name of such person may be printed on the ballot. Each
15 person seeking election as a write-in candidate shall
16 subscribe to the oath prescribed in this section in order to
17 be entitled to have write-in ballots cast for him or her
18 counted.
19 (2) The provisions of subsection (1) apply to any
20 relating to the oath required of candidates, and the form of
21 oath prescribed, shall apply with equal force and effect to,
22 and shall be the oath required of, a candidate for election to
23 a political party executive committee office and, as provided
24 by law. The requirements set forth in this section shall also
25 apply to any person filling a vacancy on a political party
26 executive committee.
27 Section 38. Section 99.061, Florida Statutes, is
28 amended to read:
29 99.061 Method of qualifying for nomination or election
30 to federal, state, county, or district office.--
31
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1 (1)(a) The provisions of any special act to the
2 contrary notwithstanding, each person seeking to qualify for
3 nomination or election to a federal, state, or multicounty
4 district office, other than election to a nonpartisan judicial
5 office governed by as defined in chapter 105 or the office of
6 school board member, shall file his or her qualification
7 papers with, and pay the qualifying fee, which shall consist
8 of the filing fee and election assessment, and party
9 assessment, if any has been levied, to, the division
10 Department of State, or qualify by the alternative method with
11 the division pursuant to s. 99.095 Department of State, at any
12 time during the after noon of the 1st day for qualifying
13 period for the office sought., which
14 (b) For persons seeking to qualify for election to a
15 federal office, the qualifying period shall be from noon of as
16 follows: the 120th day prior to the first primary until, but
17 not later than noon of the 116th day prior to the date of the
18 first primary. Notwithstanding any other provision of law, in
19 each year in which the Legislature apportions the state, the
20 qualifying period, for persons seeking to qualify for
21 nomination or election to a federal office shall be from noon
22 of the 57th day prior to the first primary until noon of the
23 53rd day prior to the first primary.; and
24 (c) For persons seeking to qualify for election to a
25 state or multicounty district office, the qualifying period
26 shall be from noon of the 50th day prior to the first primary
27 until, but not later than noon of the 46th day prior to the
28 date of the first primary, for persons seeking to qualify for
29 nomination or election to a state or multicounty district
30 office.
31
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1 (2)(a) The provisions of any special act to the
2 contrary notwithstanding, each person seeking to qualify for
3 nomination or election to a county office, or a district or
4 special district office not covered by subsection (1), shall
5 file his or her qualification papers with, and pay the
6 qualifying fee, which shall consist of the filing fee and
7 election assessment, and party assessment, if any has been
8 levied, to, the supervisor of elections of the county, or
9 shall qualify pursuant to s. 99.095 by the alternative method
10 with the supervisor of elections, at any time during the after
11 noon of the 1st day for qualifying period for the office
12 sought., which
13 (b) For such persons, the qualifying period shall be
14 from noon of the 50th day prior to the first primary or
15 special district election until, but not later than noon of
16 the 46th day prior to the date of the first primary or special
17 district election. However, if a special district election is
18 held at the same time as the second primary or general
19 election, the qualifying period shall be from noon of the 50th
20 day prior to the first primary, but not later than noon of the
21 46th day prior to the date of the first primary. Within 30
22 days after the closing of qualifying time, the supervisor of
23 elections shall remit to the secretary of the state executive
24 committee of the political party to which the candidate
25 belongs the amount of the filing fee, two-thirds of which
26 shall be used to promote the candidacy of candidates for
27 county offices and the candidacy of members of the
28 Legislature.
29 (3)(a) Each person seeking to qualify for election to
30 office as a write-in candidate shall file his or her
31 qualification papers with the respective filing qualifying
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1 officer during at any time after noon of the 1st day for
2 qualifying, but not later than noon of the last day of the
3 qualifying period for the office sought.
4 (b) A Any person who is seeking election as a write-in
5 candidate is shall not be required to pay a qualifying filing
6 fee, election assessment, or party assessment. A write-in
7 candidate is shall not be entitled to have his or her name
8 printed on any ballot; however, space for the write-in
9 candidate's name to be written in shall be provided on the
10 general election ballot. A No person may not qualify as a
11 write-in candidate if he or she the person has also otherwise
12 qualified for nomination or election to the same such office.
13 (4) At the time of qualifying for office, each
14 candidate for a constitutional office shall file a full and
15 public disclosure of financial interests pursuant to s. 8,
16 Art. II of the State Constitution, and a candidate for any
17 other office, including local elective office, shall file a
18 statement of financial interests pursuant to s. 112.3145.
19 (4)(a)(5) Immediately after the end of the qualifying
20 period for candidates qualifying with the supervisor, the
21 supervisor shall submit to the division a list containing the
22 names, political party affiliations, and addresses of all
23 candidates who have qualified with the supervisor and the
24 offices for which they qualified.
25 (b) Within 7 days after the end of the qualifying
26 period for state or multicounty district office, the division
27 Department of State shall certify to the supervisor of
28 elections, within 7 days after the closing date for
29 qualifying, the names of all duly qualified candidates for
30 nomination or election to federal, state, or multicounty
31
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1 district office who have qualified with the division
2 Department of State.
3 (6) Notwithstanding the qualifying period prescribed
4 in this section, if a candidate has submitted the necessary
5 petitions by the required deadline in order to qualify by the
6 alternative method as a candidate for nomination or election
7 and the candidate is notified after the 5th day prior to the
8 last day for qualifying that the required number of signatures
9 has been obtained, the candidate is entitled to subscribe to
10 the candidate's oath and file the qualifying papers at any
11 time within 5 days from the date the candidate is notified
12 that the necessary number of signatures has been obtained.
13 Any candidate who qualifies within the time prescribed in this
14 subsection is entitled to have his or her name printed on the
15 ballot.
16 (5)(7)(a) In order for a candidate to be qualified,
17 the following qualifying papers items must be received by the
18 filing officer by the end of the qualifying period:
19 1. A properly executed check drawn upon the
20 candidate's campaign account in an amount not less than the
21 fee required by s. 99.092 or, in lieu thereof, as applicable,
22 the copy of the notice of obtaining ballot position pursuant
23 to s. 99.095 or the undue burden oath authorized pursuant to
24 s. 99.0955 or s. 99.096. If a candidate's check is returned
25 by the bank for any reason, the filing officer shall
26 immediately notify the candidate and the candidate shall, the
27 end of qualifying notwithstanding, have 48 hours from the time
28 such notification is received, excluding Saturdays, Sundays,
29 and legal holidays, to pay the fee with a cashier's check
30 purchased from funds of the campaign account. Failure to pay
31
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1 the fee as provided in this subparagraph shall disqualify the
2 candidate.
3 2. The candidate's oath required by s. 99.021, which
4 must contain the name of the candidate as it is to appear on
5 the ballot; the office sought, including the district or group
6 number if applicable; and the signature of the candidate, duly
7 acknowledged.
8 3. The loyalty oath required by s. 876.05, signed by
9 the candidate and duly acknowledged.
10 4. If the office sought is partisan, the written
11 statement of political party affiliation required by s.
12 99.021(1)(b).
13 5. The completed form for the appointment of campaign
14 treasurer and designation of campaign depository, as required
15 by s. 106.021.
16 6. The full and public disclosure of financial
17 interests as required by s. 8, Art. II of the State
18 Constitution or the statement of financial interests required
19 by s. 112.3145, as applicable subsection (4).
20 (b) If the filing officer receives qualifying papers
21 that do not include all items as required by paragraph (a)
22 prior to the last day of qualifying, the filing officer shall
23 make a reasonable effort to notify the candidate of the
24 missing or incomplete items and shall inform the candidate
25 that all required items must be received by the close of
26 qualifying. A candidate's name as it is to appear on the
27 ballot may not be changed after the end of qualifying.
28 (8) Notwithstanding the qualifying period prescribed
29 by this section, in each year in which the Legislature
30 apportions the state, the qualifying period for persons
31 seeking to qualify for nomination or election to federal
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1 office shall be between noon of the 57th day prior to the
2 first primary, but not later than noon of the 53rd day prior
3 to the first primary.
4 (6)(9) The division Department of State may prescribe
5 by rule requirements for filing papers to qualify as a
6 candidate under this section.
7 Section 39. Section 99.063, Florida Statutes, is
8 amended to read:
9 99.063 Candidates for Governor and Lieutenant
10 Governor.--
11 (1) No later than 5 p.m. of the 9th day following the
12 second primary election, each candidate for Governor shall
13 designate a Lieutenant Governor as a running mate. Such
14 designation must be made in writing to the division Department
15 of State.
16 (2) No later than 5 p.m. of the 9th day following the
17 second primary election, each designated candidate for
18 Lieutenant Governor shall file the following qualifying papers
19 with the division Department of State:
20 (a) The candidate's oath required by s. 99.021, which
21 must contain the name of the candidate as it is to appear on
22 the ballot; the office sought; and the signature of the
23 candidate, duly acknowledged.
24 (b) The loyalty oath required by s. 876.05, signed by
25 the candidate and duly acknowledged.
26 (c) For If the office sought is partisan candidates,
27 the written statement of political party affiliation required
28 by s. 99.021(1)(b).
29 (d) The full and public disclosure of financial
30 interests pursuant to s. 8, Art. II of the State Constitution.
31
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1 (3) A designated candidate for Lieutenant Governor is
2 not required to pay a separate qualifying fee or obtain
3 signatures on petitions. Ballot position obtained by the
4 candidate for Governor entitles the designated candidate for
5 Lieutenant Governor, upon receipt by the Department of State
6 of the qualifying papers required by subsection (2), to have
7 his or her name placed on the ballot for the joint candidacy.
8 (4) In order to have the name of the candidate for
9 Lieutenant Governor printed on the first or second primary
10 election ballot, a candidate for Governor participating in the
11 primary must designate the candidate for Lieutenant Governor,
12 and the designated candidate must qualify no later than the
13 end of the qualifying period specified in s. 99.061. If the
14 candidate for Lieutenant Governor has not been designated and
15 has not qualified by the end of the qualifying period
16 specified in s. 99.061, the phrase "Not Yet Designated" must
17 be included in lieu of the candidate's name on primary
18 election ballots and on advance absentee ballots for the
19 general election.
20 (5) Failure of the Lieutenant Governor candidate to be
21 designated and qualified by the time specified in subsection
22 (2) shall result in forfeiture of ballot position for the
23 candidate for Governor for the general election.
24 Section 40. Section 99.092, Florida Statutes, is
25 amended to read:
26 99.092 Qualifying fee of candidate; notification of
27 Department of State.--
28 (1) Each person seeking to qualify for nomination or
29 election to any office other than a municipal office or an
30 executive committee office of a political party, except a
31 person seeking to qualify by the petition process alternative
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1 method pursuant to s. 99.095, or s. 99.0955, or s. 99.096 and
2 except a person seeking to qualify as a write-in candidate,
3 shall pay a qualifying fee and any applicable party assessment
4 to the filing officer. The qualifying fee, which shall consist
5 of a filing fee and an election assessment, to the officer
6 with whom the person qualifies, and any party assessment
7 levied, and shall attach the original or signed duplicate of
8 the receipt for his or her party assessment or pay the same,
9 in accordance with the provisions of s. 103.121, at the time
10 of filing his or her other qualifying papers.
11 (2) The amount of the filing fee is 3 percent of the
12 annual salary of the office sought.
13 (a) For persons qualifying for election to a federal,
14 state, or multicounty district office, the filing fee shall be
15 distributed by the division as follows:
16 1. An amount equal to 0.45 percent of the annual
17 salary of the office sought shall be deposited in the General
18 Revenue Fund.
19 2.a. For major party candidates, an amount equal to
20 2.55 percent of the annual salary of the office sought shall
21 be remitted to the state executive committee of the political
22 party of which the candidate is a member. Not later than 20
23 days after the end of the qualifying period, the division
24 shall remit 95 percent of the filing fees that a major
25 political party is entitled to receive to the respective state
26 executive committee. The remainder of the filing fees shall be
27 remitted to the appropriate state executive committee not
28 later than the date of the first primary election.
29 b. For all other candidates, an amount equal to 2.55
30 percent of the annual salary of the office sought shall be
31 deposited in the General Revenue Fund.
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1 (b) For persons qualifying for election to a county
2 office, or a district office or special district office not
3 covered by paragraph (a), the filing fee shall be distributed
4 by the supervisor as follows:
5 1. For partisan candidates, the filing fee shall be
6 remitted within 30 days after the end of the qualifying period
7 to the state executive committee of the political party of
8 which the candidate is a member.
9 2. For all other candidates, the filing fee shall be
10 deposited in the general fund of the county.
11 (3) The amount of the election assessment is 1 percent
12 of the annual salary of the office sought and. The election
13 assessment shall be deposited into the Elections Commission
14 Trust Fund.
15 (4) The amount of the party assessment is 2 percent of
16 the annual salary of the office sought and shall be remitted
17 by the filing officer to the state executive committee of the
18 political party of which the candidate is a member, if that
19 committee is duly organized under chapter 103. The annual
20 salary of the office
21 (5) For purposes of computing the filing fee, election
22 assessment, and party assessment, the annual salary shall be
23 computed by multiplying 12 times the monthly salary, excluding
24 any special qualification pay, authorized for the such office
25 as of July 1 immediately preceding the first day of the
26 qualifying period for that office.
27 (6) The No qualifying fee and party assessment may not
28 shall be returned to the candidate unless he or she the
29 candidate withdraws as a candidate his or her candidacy before
30 the end of the qualifying period for that office last date to
31 qualify. If a candidate dies prior to an election and has not
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1 withdrawn as a candidate his or her candidacy before the end
2 of that qualifying period last date to qualify, the
3 candidate's qualifying fee and party assessment shall be
4 returned to his or her designated beneficiary., and, If the
5 filing fee or any portion thereof or the party assessment has
6 been transferred to the political party of the candidate, the
7 division Secretary of State shall direct the political party
8 to return that fee, portion, or assessment to the candidate's
9 designated beneficiary of the candidate.
10 (2) The supervisor of elections shall, immediately
11 after the last day for qualifying, submit to the Department of
12 State a list containing the names, party affiliations, and
13 addresses of all candidates and the offices for which they
14 qualified.
15 Section 41. Section 99.093, Florida Statutes, is
16 amended to read:
17 99.093 Municipal candidates; election assessment.--
18 (1) Each person seeking to qualify for nomination or
19 election to a municipal office shall pay, at the time of
20 qualifying for office, an election assessment. The election
21 assessment is shall be an amount equal to 1 percent of the
22 annual salary of the office sought. Within 30 days after the
23 end close of the qualifying period, the filing qualifying
24 officer shall forward all assessments collected pursuant to
25 this section to the division Department of State for deposit
26 in the Elections Commission Trust Fund.
27 (2) Any person seeking to qualify for nomination or
28 election to a municipal office who is unable to pay the
29 election assessment without imposing an undue burden on
30 personal or other available resources or on resources
31 otherwise available to him or her shall, upon written
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1 certification of such inability given under oath to the filing
2 qualifying officer, be exempt from paying the election
3 assessment.
4 Section 42. Section 99.095, Florida Statutes, is
5 amended to read:
6 (Substantial rewording of section. See
7 s. 99.095, F.S., for present text.)
8 99.095 Petition process in lieu of qualifying fee and
9 party assessment.--
10 (1) A person seeking to qualify as a candidate for any
11 office is not required to pay the qualifying fee or party
12 assessment required by this chapter if he or she meets the
13 petition requirements of this section.
14 (2) A candidate using this petition process must file
15 an oath with the filing officer stating that he or she intends
16 to qualify by the petition process. The oath may be filed at
17 any time after the first Tuesday after the first Monday in
18 January of the year in which the election is held, but must be
19 filed no later than the 22nd day before the first day of the
20 qualifying period for the office sought. The division shall
21 prescribe the form of the oath by rule. Signatures may not be
22 obtained on any petition until the candidate has filed the
23 oath required in this subsection.
24 (3)(a) Upon receipt of a written oath from a candidate
25 and the appointment of a campaign treasurer and designation of
26 campaign depository required by s. 106.021, the filing officer
27 shall provide the candidate with a sufficient number of
28 petition forms. Such forms shall be prescribed by the
29 division.
30
31
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1 (b) If the candidate is running for an office that
2 requires a group or district designation, the petition must
3 indicate that designation or the signatures are not valid.
4 (c) A separate petition is required for each
5 candidate.
6 (4) A candidate shall obtain the signatures of voters
7 in the geographical area represented by the office sought
8 equal to at least 1 percent of the total number of voters of
9 that geographical area, as shown by the compilation by the
10 division for the last preceding general election.
11 (5) Each petition must be submitted before noon of the
12 21st day preceding the first day of the qualifying period for
13 the office sought to the supervisor of the county for which
14 such petition was circulated. Each supervisor shall check the
15 signatures on the petitions to verify their status as voters
16 in the county, district, or other geographical area
17 represented by the office sought. Before the first day of the
18 qualifying period, the supervisor shall certify the number of
19 valid signatures.
20 (6)(a) Certifications for candidates for federal,
21 state, or multicounty district office shall be submitted to
22 the division. The division shall determine whether the
23 required number of signatures has been obtained and shall
24 notify the candidate.
25 (b) For candidates for county or district office not
26 covered by paragraph (a), the supervisor shall determine
27 whether the required number of signatures has been obtained
28 and shall notify the candidate.
29 (7) If the required number of signatures has been
30 obtained, the candidate is eligible to qualify pursuant to s.
31 99.061.
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1 Section 43. Section 99.0955, Florida Statutes, is
2 amended to read:
3 99.0955 Candidates with no party affiliation; name on
4 general election ballot.--
5 (1) Each person seeking to qualify for election as a
6 candidate with no party affiliation shall file his or her
7 qualifying qualification papers and pay the qualifying fee, or
8 qualify by the petition process pursuant to s. 99.095,
9 alternative method prescribed in subsection (3) with the
10 officer and during the times and under the circumstances
11 prescribed in s. 99.061. Upon qualifying, the candidate is
12 entitled to have his or her name placed on the general
13 election ballot.
14 (2) The qualifying fee for candidates with no party
15 affiliation shall consist of a filing fee and an election
16 assessment. The amount of the filing fee is 3 percent of the
17 annual salary of the office sought. The amount of the
18 election assessment is 1 percent of the annual salary of the
19 office sought. The election assessment shall be deposited
20 into the Elections Commission Trust Fund. Filing fees paid to
21 the Department of State shall be deposited into the General
22 Revenue Fund of the state. Filing fees paid to the supervisor
23 of elections shall be deposited into the general revenue fund
24 of the county.
25 (3)(a) A candidate with no party affiliation may, in
26 lieu of paying the qualifying fee, qualify for office by the
27 alternative method prescribed in this subsection. A candidate
28 using this petitioning process shall file an oath with the
29 officer before whom the candidate would qualify for the office
30 stating that he or she intends to qualify by this alternative
31 method. If the person is running for an office that requires
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1 a group or district designation, the candidate must indicate
2 the designation in his or her oath. The oath shall be filed
3 at any time after the first Tuesday after the first Monday in
4 January of the year in which the election is held, but before
5 the 21st day preceding the first day of the qualifying period
6 for the office sought. The Department of State shall
7 prescribe the form to be used in administering and filing the
8 oath. Signatures may not be obtained by a candidate on any
9 petition until the candidate has filed the oath required in
10 this subsection. Upon receipt of the written oath from a
11 candidate, the qualifying officer shall provide the candidate
12 with petition forms in sufficient numbers to facilitate the
13 gathering of signatures. If the candidate is running for an
14 office that requires a group or district designation, the
15 petition must indicate that designation or the signatures
16 obtained on the petition will not be counted.
17 (b) A candidate shall obtain the signatures of a
18 number of qualified electors in the geographical entity
19 represented by the office sought equal to 1 percent of the
20 registered electors of the geographical entity represented by
21 the office sought, as shown by the compilation by the
22 Department of State for the preceding general election.
23 (c) Each petition must be submitted before noon of the
24 21st day preceding the first day of the qualifying period for
25 the office sought, to the supervisor of elections of the
26 county for which such petition was circulated. Each supervisor
27 to whom a petition is submitted shall check the signatures on
28 the petition to verify their status as electors in the county,
29 district, or other geographical entity represented by the
30 office sought. Before the first day for qualifying, the
31
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1 supervisor shall certify the number shown as registered
2 electors.
3 (d)1. Certifications for candidates for federal,
4 state, or multicounty district office shall be submitted to
5 the Department of State. The Department of State shall
6 determine whether the required number of signatures has been
7 obtained for the name of the candidate to be placed on the
8 ballot and shall notify the candidate.
9 2. For candidates for county or district office not
10 covered by subparagraph 1., the supervisor of elections shall
11 determine whether the required number of signatures has been
12 obtained for the name of the candidate to be placed on the
13 ballot and shall notify the candidate.
14 (e) If the required number of signatures has been
15 obtained, the candidate shall, during the time prescribed for
16 qualifying for office, submit a copy of the notice received
17 under paragraph (d) and file his or her qualifying papers and
18 the oath prescribed by s. 99.021 with the qualifying officer.
19 Section 44. Section 99.096, Florida Statutes, is
20 amended to read:
21 99.096 Minor party candidates; names on ballot.--
22 (1) The executive committee of a minor political party
23 shall, no later than noon of the third day prior to the first
24 day of the qualifying period prescribed for federal candidates
25 and no later than noon of the third day prior to the first day
26 of the qualifying period for state candidates, submit to the
27 division Department of State the official list of the
28 respective candidates nominated by that party to be on the
29 ballot in the general election. The division Department of
30 State shall notify the appropriate supervisors of elections of
31 the name of each minor party candidate eligible to qualify
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1 before such supervisor. The official list of nominated
2 candidates may not be changed by the party after having been
3 filed with the Department of State, except that candidates who
4 have qualified may withdraw from the ballot pursuant to the
5 provisions of this code, and vacancies in nominations may be
6 filled pursuant to s. 100.111.
7 (2) Each person seeking to qualify for election as a
8 candidate of a minor party shall file his or her qualifying
9 qualification papers with, and pay the qualifying fee and, if
10 one has been levied, the party assessment, or qualify by the
11 petition process pursuant to s. 99.095 alternative method
12 prescribed in subsection (3), with the officer and at the
13 times and under the circumstances provided in s. 99.061.
14 (3)(a) A minor party candidate may, in lieu of paying
15 the qualifying fee and party assessment, qualify for office by
16 the alternative method prescribed in this subsection. A
17 candidate using this petitioning process shall file an oath
18 with the officer before whom the candidate would qualify for
19 the office stating that he or she intends to qualify by this
20 alternative method. If the person is running for an office
21 that requires a group or district designation, the candidate
22 must indicate the designation in his or her oath. The oath
23 must be filed at any time after the first Tuesday after the
24 first Monday in January of the year in which the election is
25 held, but before the 21st day preceding the first day of the
26 qualifying period for the office sought. The Department of
27 State shall prescribe the form to be used in administering and
28 filing the oath. Signatures may not be obtained by a
29 candidate on any petition until the candidate has filed the
30 oath required in this section. Upon receipt of the written
31 oath from a candidate, the qualifying officer shall provide
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1 the candidate with petition forms in sufficient numbers to
2 facilitate the gathering of signatures. If the candidate is
3 running for an office that requires a group or district
4 designation, the petition must indicate that designation or
5 the signatures on such petition will not be counted.
6 (b) A candidate shall obtain the signatures of a
7 number of qualified electors in the geographical entity
8 represented by the office sought equal to 1 percent of the
9 registered electors in the geographical entity represented by
10 the office sought, as shown by the compilation by the
11 Department of State for the last preceding general election.
12 (c) Each petition shall be submitted prior to noon of
13 the 21st day preceding the first day of the qualifying period
14 for the office sought to the supervisor of elections of the
15 county for which the petition was circulated. Each supervisor
16 to whom a petition is submitted shall check the signatures on
17 the petition to verify their status as electors in the county,
18 district, or other geographical entity represented by the
19 office sought. Before the first day for qualifying, the
20 supervisor shall certify the number shown as registered
21 electors.
22 (d)1. Certifications for candidates for federal,
23 state, or multicounty district office shall be submitted to
24 the Department of State. The Department of State shall
25 determine whether the required number of signatures has been
26 obtained for the name of the candidate to be placed on the
27 ballot and shall notify the candidate.
28 2. For candidates for county or district office not
29 covered by subparagraph 1., the supervisor of elections shall
30 determine whether the required number of signatures has been
31
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1 obtained for the name of the candidate to be placed on the
2 ballot and shall notify the candidate.
3 (e) If the required number of signatures has been
4 obtained, the candidate shall, during the prescribed time for
5 qualifying for office, submit a copy of the notice received
6 under paragraph (d) and file his or her qualifying papers and
7 the oath prescribed by s. 99.021 with the qualifying officer.
8 (4) A minor party candidate whose name has been
9 submitted pursuant to subsection (1) and who has qualified for
10 office is entitled to have his or her name placed on the
11 general election ballot.
12 Section 45. Section 99.0965, Florida Statutes, is
13 amended to read:
14 99.0965 Minor parties; selection of candidates.--
15 (1) A minor political party may provide for the
16 designation of its official list of nominated candidates in
17 any manner that it deems proper. The state executive committee
18 of the minor political party shall by resolution adopt a
19 procedure for the selection of candidates, a copy of which
20 shall be submitted to the division Department of State.
21 (2) The official list of nominated candidates may not
22 be changed by the minor political party after having been
23 filed with the division, except that candidates who have
24 qualified may withdraw and vacancies in nomination may be
25 filled pursuant to s. 100.111.
26 Section 46. Section 99.09651, Florida Statutes, is
27 amended to read:
28 99.09651 Signature requirements for ballot position in
29 year of apportionment.--
30 (1) In a year of apportionment, any candidate for
31 representative to Congress, state Senate, or state House of
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1 Representatives seeking ballot position by the petition
2 process alternative method prescribed in s. 99.095, s.
3 99.0955, or s. 99.096 shall obtain at least the number of
4 signatures equal to one-third of 1 percent of the ideal
5 population for the district of the office being sought.
6 (2) For the purposes of this section, the term "ideal
7 population" means the total population of the state based upon
8 the most recent decennial census calculated as of July 1 of
9 the year prior to apportionment divided by: the number of
10 districts
11 (a) For representative to Congress, the number of
12 congressional districts;
13 (b) For state Senate, 40; or
14 (c) For state House of Representatives, 120. For the
15 purposes of this section, ideal population shall be calculated
16 as of July 1 of the year prior to apportionment. The ideal
17 population for a state Senate district and a state
18 representative district shall be calculated by dividing the
19 total population of the state by 40 for a state Senate
20 district and by dividing by 120 for a state representative
21 district.
22 (3) Signatures may be obtained from any registered
23 voter in Florida regardless of political party affiliation or
24 district boundaries.
25 (4) Petitions for candidates must indicate shall state
26 the name of the office sought the candidate is seeking, but
27 may shall not include a district number.
28 (5) Except as otherwise provided in this section, all
29 requirements and procedures relating to the petition process
30 shall conform to the requirements and procedures in
31 nonapportionment years.
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1 Section 47. Section 99.097, Florida Statutes, is
2 amended to read:
3 99.097 Verification of signatures on petitions.--
4 (1) If the format of a petition is required to be
5 prescribed by the division, a signature may not be counted
6 toward the number required unless it is on a petition in the
7 prescribed format.
8 (2)(1) The supervisor shall use As determined by each
9 supervisor, based upon local conditions, the checking of names
10 on petitions may be based on the most inexpensive and
11 administratively feasible of either of the following methods
12 of verification:
13 (a) A name-by-name, signature-by-signature check of
14 the number of authorized signatures on the petitions; or
15 (b) A check of a random sample, as provided by the
16 Department of State, of names and signatures on the petitions.
17 The sample must be such that a determination can be made as to
18 whether or not the required number of signatures has have been
19 obtained with a reliability of at least 99.5 percent. Rules
20 and guidelines for this method of petition verification shall
21 be adopted promulgated by the division. The rules Department
22 of State, which may require include a requirement that
23 petitions bear an additional number of names and signatures,
24 not to exceed 15 percent of the names and signatures otherwise
25 required. If the petitions do not meet such criteria, then
26 the use of the verification method described in this paragraph
27 shall not be available to supervisors.
28 (3)(2) When a petitioner submits petitions that which
29 contain at least 15 percent more than the required number of
30 signatures, he or she the petitioner may require that the
31
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1 supervisor of elections use the random sampling verification
2 method in certifying the petition.
3 (4)(3)(a) A signature name on a petition, which name
4 is not in substantially the same form as a name on the voter
5 registration books, shall be counted as a valid signature if,
6 after comparing the signature on the petition with the
7 signature of the alleged signer as shown on the registration
8 books, the supervisor determines that the person signing the
9 petition and the person who registered to vote are one and the
10 same. In any situation in which this code requires the form
11 of the petition to be prescribed by the division, no signature
12 shall be counted toward the number of signatures required
13 unless it is on a petition form prescribed by the division.
14 (b) If a voter signs a petition and lists an address
15 other than the legal residence where the voter is registered,
16 the supervisor shall treat the signature as if the voter had
17 listed the address where the voter is registered.
18 (5)(4) The supervisor shall be paid in advance the sum
19 of 10 cents for each signature checked or the actual cost of
20 checking such signature, whichever is less, by the candidate
21 or, in the case of a petition to have an issue placed on the
22 ballot, by the person or organization submitting the petition.
23 However, if a candidate, person, or organization seeking to
24 have an issue placed upon the ballot certifies under oath that
25 those cannot pay such charges cannot be paid without imposing
26 an undue burden on personal or other available resources, or
27 upon the resources otherwise available to such candidate,
28 person, or organization, such candidate, person, or
29 organization shall, upon written certification of such
30 inability given under oath to the supervisor, be entitled to
31 have the signatures shall be checked verified at no charge. If
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1 signatures are checked In the event a candidate, person, or
2 organization submitting a petition to have an issue placed
3 upon the ballot is entitled to have the signatures verified at
4 no charge, the supervisor of elections of each county in which
5 the signatures are verified at no charge shall submit the
6 total number of such signatures checked in the county to the
7 division by Comptroller no later than December 1 of each of
8 the general election year., and The division Comptroller shall
9 request that the cause such supervisor of elections to be
10 reimbursed from the general revenue Fund in an amount equal to
11 10 cents for each signature name checked or the actual cost of
12 checking such signatures, whichever is less. In no event
13 shall such reimbursement of costs be deemed or applied as
14 extra compensation for the supervisor. Petitions shall be
15 retained by the supervisors for a period of 1 year following
16 the election for which the petitions were circulated.
17 (6)(5) The candidate; an announced opponent; a
18 representative of a designated political committee; or a
19 person, political party, or other organization submitting the
20 petition may contest the results of a verification pursuant to
21 paragraph (2)(b) by filing a complaint (1)(b) may be contested
22 in the circuit court by the candidate; an announced opponent;
23 a representative of a designated political committee; or a
24 person, party, or other organization submitting the petition.
25 The contestant shall file a complaint, together with the fees
26 prescribed in chapter 28, with the clerk of the circuit court
27 in the county in which the petition is certified, or in Leon
28 County if the petition covers more than one county. The
29 complaint must be filed within 10 days after midnight of the
30 day date the petition is certified; and the complaint shall
31 set forth the grounds on which the contestant intends to
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1 establish his or her right to require a complete check of the
2 names and signatures pursuant to paragraph (2)(a) (1)(a). If
3 In the event the court orders a complete check of the
4 petitions petition and the result is not changed as to the
5 success or lack of success of the petitioner in obtaining the
6 requisite number of valid signatures, the court may require
7 the complainant to then such candidate, unless the candidate
8 has filed the oath stating that he or she is unable to pay
9 such charges; announced opponent; representative of a
10 designated political committee; or party, person, or
11 organization submitting the petition, unless such person or
12 organization has filed the oath stating inability to pay such
13 charges, shall pay to the supervisor of elections of each
14 affected county for the complete check an amount calculated at
15 the rate of 10 cents for each additional signature checked or
16 the actual cost of checking such additional signatures,
17 whichever is less.
18 Section 48. Sections 99.081, 99.091, 99.103, and
19 99.121, Florida Statutes, are repealed.
20 Section 49. Section 100.031, Florida Statutes, is
21 amended to read:
22 100.031 General election.--A general election shall be
23 held in each county on the first Tuesday after the first
24 Monday in November of each even-numbered year to choose a
25 successor to each officer holding an elective federal, state,
26 county, or and district office officer whose term will expire
27 before the next general election and, except as provided in
28 the State Constitution, to fill each vacancy in elective
29 office for the unexpired portion of the term.
30
31
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1 Section 50. Section 100.021, Florida Statutes, is
2 transferred, renumbered as section 100.033, Florida Statutes,
3 and amended to read:
4 100.033 100.021 Notice of general election.--The
5 division Department of State shall, in each any year in which
6 a general election is held, prepare make out a notice listing
7 the stating what offices and vacancies are to be filled at the
8 general election in the state, and in each county and district
9 thereof. During the 30 days prior to the beginning of the
10 qualifying period for federal office, the division Department
11 of State shall have the notice published two times in a
12 newspaper of general circulation in each county; and, in
13 counties in which there is no newspaper of general
14 circulation, it shall send to the sheriff a notice of the
15 offices and vacancies to be filled at such general election by
16 the qualified voters of the sheriff's county or any district
17 thereof, and the sheriff shall have at least five copies of
18 the notice posted in conspicuous places in the county.
19 Section 51. Section 100.041, Florida Statutes, is
20 amended to read:
21 100.041 Officers chosen at general election.--
22 (1) A United States Senator shall be elected at the
23 general election held immediately preceding the expiration of
24 each incumbent's current term of office.
25 (2)(a) A Representative to Congress shall be elected
26 in and for each congressional district at each general
27 election.
28 (b) If the number of congressional representatives the
29 state is entitled to changes, the congressional
30 representatives shall be elected from the state at large until
31 the state is redistricted by the Legislature.
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1 (3)(a)1.(1) State senators shall be elected at the
2 general election for terms of 4 years, those from odd-numbered
3 districts in each year the number of which is a multiple of 4
4 and those from even-numbered districts in each even-numbered
5 year that the number of which is not a multiple of 4. Members
6 of the House of Representatives shall be elected at the
7 general election for terms of 2 years in each even-numbered
8 year. In each county,
9 2. A clerk of the circuit court, sheriff,
10 superintendent of schools, property appraiser, and tax
11 collector, and supervisor of elections shall be elected chosen
12 by the qualified electors at the general election for terms of
13 4 years in each year that the number of which is a multiple of
14 4, in each county in which such an officer is elected.
15 3. The Governor, Lieutenant Governor, and members of
16 the Cabinet and the administrative officers of the executive
17 branch of the state shall be elected at the general election
18 for terms of 4 years in each even-numbered year that the
19 number of which is not a multiple of 4.
20 (b) The terms of state offices other than the terms of
21 members of the Legislature shall begin on the first Tuesday
22 after the first Monday in January following the after said
23 election. The term of office of each member of the Legislature
24 shall begin upon election.
25 (4)(2)(a) Each county commissioner from an
26 odd-numbered district shall be elected at the general election
27 in each year that the number of which is a multiple of 4, for
28 a 4-year term beginning commencing on the second Tuesday
29 following the such election., and Each county commissioner
30 from an even-numbered district shall be elected at the general
31 election in each even-numbered year that the number of which
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1 is not a multiple of 4, for a 4-year term beginning commencing
2 on the second Tuesday following such election.
3 (b) Notwithstanding paragraph (a), the governing board
4 of a charter county may provide by ordinance, to be approved
5 by referendum, that the terms of its members shall commence on
6 a date later than the second Tuesday following the general
7 election elections, but in any case the date the terms begin
8 of commencement shall be uniform for all members and shall be
9 no later than the first Tuesday after the first Monday in
10 January following each member's election.
11 (5)(3)(a) School board members shall be elected at a
12 general election for terms of 4 years. The term of office of
13 a school board member and of a superintendent of schools shall
14 begin on the second Tuesday following the general election at
15 in which such member or superintendent was is elected.
16 (b) In each school district having which has five
17 school board members, the terms shall be arranged so that
18 three members are elected at one general election and two
19 members elected at the next ensuing general election.
20 (6)(4) The term of office of each county and each
21 district officer not otherwise provided for by law shall begin
22 commence on the first Tuesday after the first Monday in
23 January following his or her election.
24 Section 52. Section 100.061, Florida Statutes, is
25 amended to read:
26 100.061 First primary election.--In each year in which
27 a general election is held, a first primary election for
28 nomination of candidates of major political parties shall be
29 held on the Tuesday 9 weeks prior to the general election.
30 Each candidate receiving a majority of the votes cast in each
31 contest in the first primary election shall be declared
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1 nominated for the such office. A second primary election
2 shall be held as provided by s. 100.091 in every contest in
3 which a candidate does not receive a majority.
4 Section 53. Section 100.091, Florida Statutes, is
5 amended to read:
6 100.091 Second primary election.--
7 (1) In each year in which a general election is held,
8 a second primary election for nomination of candidates of
9 major political parties where nominations were not made in the
10 first primary election shall be held on the Tuesday 5 weeks
11 prior to the general election if no candidate has received a
12 majority of the votes cast in the first primary election.
13 (2) The names of the candidates placing first and
14 second in the first primary election shall be printed placed
15 on the ballot in the second primary election for each contest
16 in which no candidate receives a majority of the votes cast in
17 the first primary election, subject to the following
18 exceptions:
19 (a) If In any contest in which there was is a tie for
20 first place in the first primary election, only the names of
21 the candidates so tying shall be printed placed on the ballot
22 in the second primary election.
23 (b) If In any contest in which there was is a tie for
24 second place in the first primary election and the candidate
25 placing first did not receive a majority of the votes cast,
26 the name of the candidate placing first and the names of the
27 candidates tying for second shall be printed placed on the
28 ballot in the second primary election.
29 (3) The candidate who receives the highest number of
30 votes cast for the office in the second primary election shall
31 be declared nominated. If In case two or more persons receive
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1 an equal and highest number of votes for the same office in
2 the second primary, such persons shall draw lots to determine
3 who will receive the nomination.
4 Section 54. Section 100.096, Florida Statutes, is
5 transferred, renumbered as section 100.092, Florida Statutes,
6 and amended to read:
7 (Substantial rewording of section. See
8 s. 100.096, F.S., for present text.)
9 100.092 Election held in conjunction with
10 primary.--When the date of the first or second primary is
11 changed by the Legislature, any election, including any
12 municipal or district election, which was required to be held
13 on the former date shall be held in conjunction with the first
14 or second primary.
15 Section 55. Section 101.021, Florida Statutes, is
16 transferred, renumbered as section 100.093, Florida Statutes,
17 and amended to read:
18 100.093 101.021 Voter Elector to vote the primary
19 ballot of the political party in which he or she is
20 registered.--Except as otherwise provided by law, In a primary
21 election a qualified elector is entitled to vote the official
22 primary election ballot of the political party designated in
23 the elector's registration, and no other. it is unlawful for
24 any voter elector to vote in a primary for any candidate
25 running for nomination from a major political party other than
26 that in which the voter such elector is registered.
27 Section 56. Section 101.151, Florida Statutes, is
28 transferred, renumbered as section 100.094, Florida Statutes,
29 and amended to read:
30 100.094 101.151 Specifications for ballots.--
31
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1 (1) Paper ballots shall be printed on paper of such
2 thickness that the printing cannot be distinguished from the
3 back.
4 (2)(a) The ballot shall have headings under which
5 shall appear the names of the offices and names of duly
6 nominated candidates for the respective offices in the
7 following order: the heading "President and Vice President"
8 and thereunder the names of the candidates for President and
9 Vice President of the United States nominated by the political
10 party that received the highest vote for Governor in the last
11 general election of the Governor in this state. Then shall
12 appear the names of other candidates for President and Vice
13 President of the United States who have been properly
14 nominated. Votes cast for write-in candidates for President
15 and Vice President shall be counted as votes cast for the
16 presidential electors supporting such candidates. Then shall
17 follow the heading "Congressional" and thereunder the offices
18 of United States Senator and Representative in Congress; then
19 the heading "State" and thereunder the offices of Governor and
20 Lieutenant Governor, Secretary of State, Attorney General,
21 Chief Financial Officer Comptroller, Treasurer, Commissioner
22 of Education, Commissioner of Agriculture, state attorney, and
23 public defender, together with the names of the candidates for
24 each office and the title of the office which they seek; then
25 the heading "Legislative" and thereunder the offices of state
26 senator and state representative; then the heading "County"
27 and thereunder clerk of the circuit court, clerk of the county
28 court (when authorized by law), sheriff, property appraiser,
29 tax collector, district superintendent of schools, and
30 supervisor of elections. Thereafter follows: members of the
31 board of county commissioners, and such other county and
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1 district offices as are involved in the general election, in
2 the order fixed by the Department of State, followed, in the
3 year of their election, by "Party Offices," and thereunder the
4 offices of state and county party executive committee members.
5 In a general election, in addition to the names printed on the
6 ballot, a blank space shall be provided under each heading for
7 an office for which a write-in candidate has qualified. With
8 respect to write-in candidates, if two or more candidates are
9 seeking election to one office, only one blank space shall be
10 provided.
11 (b) When more than one candidate is nominated for
12 office, the candidates for such office shall qualify and run
13 in a group or district, and the group or district number shall
14 be printed beneath the name of the office. Each nominee of a
15 political party chosen in a primary shall appear on the
16 general election ballot in the same numbered group or district
17 as on the primary election ballot.
18 (c) If in any election all the offices as set forth in
19 paragraph (a) are not involved, those offices not to be filled
20 shall be omitted and the remaining offices arranged on the
21 ballot in the order named.
22 (3)(a) The names of candidates for each office shall
23 be arranged alphabetically as to surnames on a primary
24 election ballot.
25 (b) When two or more candidates running for the same
26 office on a primary election ballot have the same or similar
27 surname, the word "incumbent" shall appear next to the
28 incumbent's name.
29 (c) The primary election ballot shall be arranged so
30 that the offices of Governor and Lieutenant Governor are
31 joined in a single voting space to allow each voter to cast a
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1 single vote for the joint candidacies for Governor and
2 Lieutenant Governor.
3 (4)(3)(a) The names of the candidates of the major
4 political parties shall appear on the general election ballot
5 in the order in which the gubernatorial candidates of those
6 parties finished party that received the highest number of
7 votes for Governor in the last election in which a Governor
8 was elected shall be placed first under the heading for each
9 office on the general election ballot, together with an
10 appropriate abbreviation of party name; the names of the
11 candidates of the party that received the second highest vote
12 for Governor shall be second under the heading for each
13 office, together with an appropriate abbreviation of the party
14 name.
15 (b) Names of minor political party candidates and
16 candidates with no party affiliation shall have their names
17 appear on the general election ballot following the names of
18 candidates of major recognized political parties, in the same
19 order in which as they were certified.
20 (c) Names of candidates with no party affiliation
21 shall appear on the general election ballot following the
22 names of minor political party candidates, in the order in
23 which they were certified.
24 (4)(a) The names of candidates for each office shall
25 be arranged alphabetically as to surnames on a primary
26 election ballot.
27 (b) When two or more candidates running for the same
28 office on a primary election ballot have the same or a similar
29 surname, the word "incumbent" shall appear next to the
30 incumbent's name.
31
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1 (5) The primary election ballot shall be arranged so
2 that the offices of Governor and Lieutenant Governor are
3 joined in a single voting space to allow each elector to cast
4 a single vote for the joint candidacies for Governor and
5 Lieutenant Governor, if applicable.
6 (d)(6) The general election ballot shall be arranged
7 so that the offices of President and Vice President are joined
8 in a single voting space to allow each voter elector to cast a
9 single vote for the joint candidacies for President and Vice
10 President and so that the offices of Governor and Lieutenant
11 Governor are joined in a single voting space to allow each
12 voter elector to cast a single vote for the joint candidacies
13 for Governor and Lieutenant Governor.
14 (e)(7) Except for justices or judges seeking
15 retention, the names of unopposed candidates shall not appear
16 on the general election ballot. Each unopposed candidate
17 shall be deemed to have voted for himself or herself.
18 (5)(8)(a) The division Department of State shall adopt
19 rules prescribing a uniform primary and general election
20 ballot for each certified voting system. The rules shall
21 incorporate the requirements set forth in this section and
22 shall prescribe additional matters and forms that include,
23 without limitation:
24 1. Clear and unambiguous ballot instructions and
25 directions;
26 2. Individual race layout; and
27 3. Overall ballot layout.
28 (b) The division's department rules shall graphically
29 depict a sample uniform primary and general election ballot
30 form for each certified voting system.
31
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1 Section 57. Section 101.252, Florida Statutes, is
2 transferred, renumbered as section 100.095, Florida Statutes,
3 and amended to read:
4 100.095 101.252 Candidates entitled to have names
5 printed on primary certain ballots; exception.--
6 (1) Any major party candidate for nomination who has
7 qualified as prescribed by law is entitled to have his or her
8 name printed on the official primary election ballot. However,
9 when there is only one candidate of any major political party
10 qualified for an office, the name of the candidate shall not
11 be printed on the primary election ballot, and such candidate
12 shall be declared nominated for the office.
13 (2) Any candidate for member of a major political
14 party executive committee member who has qualified as
15 prescribed by law is entitled to have his or her name printed
16 on the first primary ballot. However, when there is only one
17 candidate of any major political party qualified for such an
18 office, the name of the candidate shall not be printed on the
19 first primary ballot, and such candidate shall be declared
20 elected to the state or county executive committee.
21 Section 58. Section 100.051, Florida Statutes, is
22 transferred, renumbered as section 100.097, Florida Statutes,
23 and amended to read:
24 (Substantial rewording of section. See
25 s. 100.051, F.S., for present text.)
26 Section 100.097 Candidate names on general election
27 ballots.--
28 (1) The division shall certify to the supervisors the
29 names of major party candidates nominated to office. The names
30 of such candidates shall be printed on the general election
31 ballot as provided by law.
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1 (2) In addition to the names printed on the ballot as
2 provided in subsection (1), the supervisor shall print on the
3 general election ballot the names of the nonpartisan
4 candidates, minor political party candidates, and candidates
5 with no party affiliation, who are entitled to have their
6 names printed on the general election ballot in compliance
7 with the requirements of this code.
8 Section 59. Section 101.254, Florida Statutes, is
9 transferred, renumbered as section 100.098, Florida Statutes,
10 and amended to read:
11 100.098 101.254 Grouping of candidates on ballot When
12 nominated names to appear in groups or districts.--When more
13 than one vacancy in office is to be filled in the same
14 elective body an office requires the nomination of more than
15 one candidate, as many groups or districts shall be
16 numerically designated as there are vacancies to be filled by
17 nomination. Each candidate shall indicate on his or her
18 qualifying papers the group or district in which the candidate
19 desires his or her name to appear on the ballot. In addition,
20 any candidate qualifying by the petition method must indicate
21 on his or her petition prior to circulating such petition,
22 which group or district for which the candidate is attempting
23 to qualify.
24 Section 60. Section 101.253, Florida Statutes, is
25 transferred, renumbered as section 100.099, Florida Statutes,
26 and amended to read:
27 100.099 101.253 When names are not to appear be
28 printed on ballot.--
29 (1) The name of a No candidate's name, which candidate
30 is required to qualify with a supervisor of elections for any
31 primary or general election, shall not be printed on the
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1 ballot for an election if the such candidate has notified the
2 filing officer supervisor of elections in writing, under oath,
3 on or before the 42nd day before the election, that the
4 candidate will not accept the nomination or office for which
5 he or she qualified filed qualification papers. If the filing
6 officer is the supervisor, the supervisor of elections may, in
7 his or her discretion with the approval of the division
8 Department of State, allow the such a candidate to withdraw
9 after the 42nd day before an election, upon receipt of such
10 written notice, sworn to under oath, that the candidate will
11 not accept the nomination or office for which he or she
12 qualified. If the filing officer is the division,
13 (2) No candidate's name, which candidate is required
14 to qualify with the Department of State for any primary or
15 general election, shall be printed on the ballot if such
16 candidate has notified the Department of State in writing,
17 under oath, on or before the 42nd day before the election that
18 the candidate will not accept the nomination or office for
19 which he or she filed qualification papers. the division
20 Department of State may in its discretion allow the such a
21 candidate to withdraw after the 42nd day before an election
22 upon receipt of such a written notice, sworn to under oath,
23 that the candidate will not accept the nomination or office
24 for which he or she qualified.
25 (2) If a change to a ballot is submitted less than 21
26 days before the election and the ballot has already been
27 printed, the supervisor is not required to change the ballot.
28 If a change is submitted 21 days or more before the election
29 and the ballot has already been printed, the supervisor must
30 either reprint the ballot or use a rubber stamp or appropriate
31 printing device to make the necessary changes.
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1 (3) In no case shall the supervisor be required to
2 print on the ballot a name which is submitted less than 21
3 days prior to the election. In the event the ballots are
4 printed 21 days or more prior to the election, the name of any
5 candidate whose death, resignation, removal, or withdrawal
6 created a vacancy in office or nomination shall be stricken
7 from the ballot with a rubber stamp or appropriate printing
8 device, and the name of the new nominee shall be inserted on
9 the ballot in a like manner. The supervisor may, as an
10 alternative, reprint the ballots to include the name of the
11 new nominee.
12 Section 61. Section 101.43, Florida Statutes, as
13 amended by section 13 of chapter 2001-40, Laws of Florida, is
14 transferred, renumbered as section 100.0991, Florida Statutes,
15 and amended to read:
16 100.0991 101.43 Substitute ballot.--When the required
17 official ballots for a precinct are not delivered or available
18 in time to be used on election day, or, after delivery, are
19 lost, destroyed, or stolen, the supervisor clerk or other
20 officials whose duty it is to provide ballots for use at such
21 election, in lieu of the official ballots, shall have
22 substitute ballots prepared for use at the precinct which
23 shall conform, conforming as nearly as possible to the
24 official ballots, and the board of election shall substitute
25 these ballots to be used in the same manner as the official
26 ballots would have been used at the election.
27 Section 62. Section 101.20, Florida Statutes, is
28 transferred, renumbered as section 100.0992, Florida Statutes,
29 and amended to read:
30 100.0992 101.20 Publication of ballot form; Sample
31 ballots.--
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1 (1) Two sample ballots shall be furnished to Each
2 polling place shall have at least two sample ballots by the
3 officer whose duty it is to provide official ballots. The
4 sample ballots shall be in the form of the official ballot as
5 it will appear at that polling place on election day. Sample
6 ballots shall be open to inspection by all voters electors in
7 any election, and a sufficient number of reduced-size ballots
8 may be furnished to each election board for use by voters at
9 the polls officials so that one may be given to any elector
10 desiring same.
11 (2) Upon completion of the list of qualified
12 candidates, A sample ballot shall be published by the
13 supervisor of elections in a newspaper of general circulation
14 in the county, prior to the day of the election. In lieu of
15 publication If the county has an addressograph or equivalent
16 system for mailing to registered electors, a sample ballot may
17 be mailed to each voter registered elector or to each
18 household in which there is a voter registered elector, in
19 lieu of publication, at least 7 days prior to any election.
20 Section 63. Section 100.101, Florida Statutes, is
21 amended to read:
22 100.101 Special elections and special primary
23 elections.--Except as provided in s. 100.111(2), a special
24 election or special primary election shall be held in the
25 following cases:
26 (1) If no person has been elected at a general
27 election to fill an office that which was required to be
28 filled by election at such general election.
29 (2) If a vacancy occurs in the office of state senator
30 or member of the state house of representatives.
31
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1 (3) If it is necessary to elect presidential electors
2 because, by reason of the offices of both the President and
3 Vice President have both having become vacant.
4 (4) If a vacancy occurs in the office of a member from
5 Florida of the United States House of Representatives
6 representing Florida of Congress.
7 (5) If a vacancy occurs in nomination.
8 Section 64. Section 100.111, Florida Statutes, is
9 amended to read:
10 100.111 Filling vacancy.--
11 (1)(a) If a any vacancy occurs in any elective office
12 that which is required to be filled pursuant to s. 1(f), Art.
13 IV of the State Constitution and the remainder of the term of
14 such office is 28 months or longer, then at the next general
15 election a person shall be elected to fill the unexpired
16 portion of such term, beginning commencing on the first
17 Tuesday after the first Monday following such general
18 election.
19 (b) If such a vacancy occurs before prior to the first
20 day of the set by law for qualifying period for election to
21 office at such general election, each any person seeking to
22 fill the vacancy nomination or election to the unexpired
23 portion of the term shall qualify during within the time
24 prescribed by law for qualifying period for other offices to
25 be filled by election at such general election.
26 (c) If such a vacancy occurs prior to the first
27 primary but on or after the first day of the set by law for
28 qualifying period, the Secretary of State shall set dates for
29 qualifying for the unexpired portion of the term of such
30 office. Any person seeking nomination or election to the
31 office unexpired portion of the term shall qualify within the
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1 time set by the Secretary of State. If time does not permit
2 major political party nominations to be made in conjunction
3 with the first and second primary elections, the Governor may
4 call a special primary election, and, if necessary, a second
5 special primary election, to select major political party
6 nominees for the unexpired portion of such term.
7 (2)(a) If, in any state or county office required to
8 be filled by election, a vacancy occurs during an election
9 year because by reason of the incumbent has having qualified
10 as a candidate for federal office pursuant to s. 99.061, a no
11 special election is not required. Each Any person seeking
12 nomination or election to the office so vacated shall qualify
13 within the time prescribed by s. 99.061 for qualifying for
14 state or county offices to be filled by election.
15 (b) If such a vacancy occurs in an election year other
16 than the one immediately preceding expiration of the present
17 term, the division Secretary of State shall notify the
18 supervisor of elections in each county served by the office
19 that a vacancy has been created. Such notice shall be provided
20 to the supervisor of elections not later than the close of the
21 first day of the set for qualifying period for state or county
22 office. The supervisor shall provide public notice of the
23 vacancy in any manner the Secretary of State deems
24 appropriate.
25 (3) Whenever there is a vacancy for which a special
26 election is required pursuant to s. 100.101(1)-(4), the
27 Governor, after consultation with the Secretary of State,
28 shall set fix the dates date of a special first primary
29 election, a special second primary election, and a special
30 election. Nominees of major political parties other than
31 minor political parties shall be chosen in the special
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1 primaries under the primary laws of this state in the special
2 primary elections to become candidates in the special
3 election. Prior to setting those the special election dates,
4 the Governor shall consider any upcoming elections in the
5 jurisdiction where the special election will be held. The
6 dates set fixed by the Governor shall be specific days certain
7 and may shall not be established by the happening of a
8 condition or stated in the alternative. The dates set fixed
9 shall provide a minimum of 13 days 2 weeks between each
10 election. If In the event a vacancy occurs in the office of
11 state senator or member of the House of Representatives when
12 the Legislature is in regular legislative session, the minimum
13 times prescribed by this subsection may be waived upon
14 concurrence of the Governor, the Speaker of the House of
15 Representatives, and the President of the Senate. If a
16 vacancy occurs in the office of state senator and a no session
17 of the Legislature is not scheduled to be held prior to the
18 next general election, the Governor may set fix the dates for
19 any special primary and for the special election to coincide
20 with the dates of the first and second primary and general
21 election. If a vacancy in office occurs in any district in
22 the state Senate or House of Representatives or in any
23 congressional district, and a no session of the Legislature,
24 or session of Congress, as applicable if the vacancy is in a
25 congressional district, is not scheduled to be held during the
26 unexpired portion of the term, the Governor is not required to
27 call a special election to fill such vacancy.
28 (a) The dates and times for candidates to qualify in
29 such special election or special primary election shall be set
30 fixed by the Secretary Department of State to begin on a date
31 at least 13, and candidates shall qualify not later than noon
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1 of the last day so fixed. The dates fixed for qualifying shall
2 allow a minimum of 14 days before between the last day of
3 qualifying and the special first primary election.
4 (b) The dates for filing of campaign treasurers'
5 reports for expense statements by candidates in such special
6 elections or special primaries and by committees making
7 contributions or expenditures to influence the results of such
8 special primaries or special elections shall be set not later
9 than such dates as shall be fixed by the Secretary Department
10 of State, and in fixing such dates the Department of State
11 shall take into consideration and be governed by the practical
12 time limitations.
13 (c) The dates for a candidate to qualify by the
14 petition process alternative method in such special primary or
15 special election shall be set fixed by the Secretary
16 Department of State. In setting the fixing such dates, the
17 Secretary Department of State shall take into consideration
18 and be governed by the practical time limitations. Any
19 candidate seeking to qualify by the petition process
20 alternative method in a special primary election shall obtain
21 25 percent of the signatures required by s. 99.095, s.
22 99.0955, or s. 99.096, as applicable.
23 (d) The qualifying fee fees and party assessment
24 assessments of each candidate such candidates as may qualify
25 shall be the same as collected during for the same office at
26 the last qualifying period previous primary for that office.
27 The party assessment shall be paid to the appropriate
28 executive committee of the political party to which the
29 candidate belongs.
30 (e) Each county canvassing board shall certify make as
31 speedy a return of the results result of each such special
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1 election as soon as practicable elections and primaries as
2 time will permit, and the Elections Canvassing Commission
3 likewise shall make as speedy a canvass and declaration of the
4 nominees as time will permit.
5 (4)(a) If In the event that death, resignation,
6 withdrawal, removal, or any other cause or event causes should
7 cause a major political party to have a vacancy in nomination
8 which leaves that party without a no candidate for an office
9 from such party, the Governor shall, after conferring with the
10 Secretary of State, call a special primary election and, if
11 necessary, a second special primary election to select for
12 such office a nominee of such political party. The dates and
13 times for on which candidates to may qualify for such special
14 primary election shall be set fixed by the Secretary
15 Department of State. The provisions of paragraphs (3)(b)-(e)
16 shall govern such special elections, and the candidates shall
17 qualify no later than noon of the last day so fixed. The
18 filing of campaign expense statements by candidates in special
19 primaries shall not be later than such dates as shall be fixed
20 by the Department of State. In fixing such dates, the
21 Department of State shall take into consideration and be
22 governed by the practical time limitations. The qualifying
23 fees and party assessment of such candidates as may qualify
24 shall be the same as collected for the same office at the last
25 previous primary for that office. Each county canvassing
26 board shall make as speedy a return of the results of such
27 primaries as time will permit, and the Elections Canvassing
28 Commission shall likewise make as speedy a canvass and
29 declaration of the nominees as time will permit.
30 (b) If the vacancy in nomination occurs later than
31 September 15, or if the vacancy in nomination occurs with
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1 respect to a candidate of a minor political party that which
2 has obtained a position on the ballot, a no special primary
3 election may not shall be held and the division Department of
4 State shall notify the chair of the appropriate state,
5 district, or county political party executive committee of
6 such political party.; and, Within 7 days after receipt of
7 such notice, the chair shall call a meeting of the his or her
8 executive committee to consider designation of a nominee to
9 fill the vacancy. The name of any person so designated shall
10 be submitted to the division Department of State within 14
11 days after of notice to the chair so in order that the name of
12 the person designated may be have his or her name printed or
13 otherwise placed on the ballot of the ensuing general
14 election, but in no event shall the supervisor of elections be
15 required to place on a ballot a name submitted less than 21
16 days prior to the election. If the name of the designee is
17 submitted vacancy occurs less than 21 days before prior to the
18 election and the ballot has already been printed, the
19 supervisor is not required to change, the person designated by
20 the political party will replace the former party nominee even
21 though the former party nominee's name will be on the ballot.
22 Any votes ballots cast for the former party nominee will be
23 counted for the person designated by the political party to
24 replace the former party nominee. If there is no opposition
25 to the party nominee, the person designated by the political
26 party to replace the former party nominee will be elected to
27 office at the general election. For purposes of this
28 paragraph, the term "district political party executive
29 committee" means the members of the state executive committee
30 of a political party from those counties comprising the area
31 involving a district office.
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1 (c) When, under the circumstances set forth in the
2 preceding paragraph (b), vacancies in nomination are required
3 to be filled by political party executive committee
4 nominations, such vacancies shall be filled by political party
5 rule. In any instance in which a nominee is selected by a
6 political party executive committee to fill a vacancy in
7 nomination, such nominee shall pay the same qualifying filing
8 fee and party assessment and take the same oath as is required
9 of a the nominee qualifying would have taken had he or she
10 regularly qualified for election to such office under ordinary
11 circumstances.
12 (d) Any person who, at the close of qualifying as
13 prescribed in ss. 99.061 and 105.031, was qualified for
14 nomination or election to or retention in a public office to
15 be filled at the ensuing general election is prohibited from
16 qualifying as a candidate to fill a vacancy in nomination for
17 any other office to be filled at that general election, even
18 if such person has withdrawn or been eliminated as a candidate
19 for the original office sought. However, this paragraph does
20 not apply to a candidate for the office of Lieutenant Governor
21 who applies to fill a vacancy in nomination for the office of
22 Governor on the same ticket or to a person who has withdrawn
23 or been eliminated as a candidate and who is subsequently
24 designated as a candidate for Lieutenant Governor under s.
25 99.063.
26 (5) If In the event of unforeseeable circumstances
27 occur which are not contemplated in this code regarding these
28 general election laws concerning the calling and holding of
29 special primary elections and special elections resulting from
30 court order or other unpredictable circumstances, the
31
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1 Secretary Department of State may shall have the authority to
2 provide for the conduct of orderly elections.
3 (6) In the event that a vacancy occurs which leaves
4 less than 4 weeks for a candidate seeking to qualify by the
5 alternative method to gather signatures for ballot position,
6 the number of signatures required for ballot placement shall
7 be 25 percent of the number of signatures required by s.
8 99.095, s. 99.0955, or s. 99.096, whichever is applicable.
9 Section 65. Section 100.141, Florida Statutes, is
10 amended to read:
11 100.141 Notice of special election to fill any vacancy
12 in office or nomination.--
13 (1) Whenever a special primary or special election is
14 required to fill a any vacancy in office or nomination, the
15 Governor, after consultation with the Secretary of State,
16 shall issue an order declaring the on what day such primary or
17 general the election shall be held and shall deliver the order
18 to the division Department of State.
19 (2) The division Department of State shall prepare a
20 notice listing the stating what offices and vacancies are to
21 be filled in the special primary or special election, the date
22 set for each special primary election and the special
23 election, the dates and times set fixed for qualifying for
24 office, the dates set fixed for qualifying by the petition
25 process alternative method, and the dates set fixed for filing
26 campaign treasurers' reports expense statements.
27 (3) The division department shall provide deliver a
28 copy of such notice to the supervisor of elections of each
29 county in which the special primary or special election is to
30 be held. The supervisor shall have the notice published two
31 times in a newspaper of general circulation in the county at
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1 least 10 days prior to the first day set for qualifying for
2 office. If such a newspaper is not published within that the
3 period set forth, the supervisor shall post at least five
4 copies of the notice in conspicuous places in the county not
5 less than 10 days prior to the first day date set for
6 qualifying.
7 Section 66. Section 100.161, Florida Statutes, is
8 amended to read:
9 100.161 Filling vacancy of United States Senators.--If
10 Should a vacancy occurs happen in the representation of this
11 state in the Senate of the United States, the Governor shall
12 issue a writ of election to fill such vacancy at the next
13 general election; and the Governor may make a temporary
14 appointment until the vacancy is so filled by election.
15 Section 67. Section 100.191, Florida Statutes, is
16 amended to read:
17 100.191 General election laws applicable to special
18 elections; returns.--To the extent applicable, all laws that
19 govern are applicable to general elections generally are
20 applicable to special elections or special primary elections.
21 to fill a vacancy in office or nomination, except that the
22 canvass of returns by the county canvassing board of each
23 county in which a special election is held shall be made on
24 the day following the election, and the certificate of the
25 result of the canvass shall be immediately forwarded to the
26 Department of State. The Elections Canvassing Commission
27 shall immediately, upon receipt of returns from the county in
28 which a special election is held, proceed to canvass the
29 returns and determine and declare the result thereof.
30
31
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1 Section 68. Section 100.371, Florida Statutes, is
2 transferred, renumbered as section 100.192, Florida Statutes,
3 and amended to read:
4 100.192 100.371 Initiatives; procedure for placement
5 on ballot.--
6 (1) Constitutional amendments proposed by initiative
7 shall be placed on the ballot for the general election
8 occurring in excess of 90 days from the certification of
9 ballot position by the Secretary of State.
10 (2) Such certification shall be issued when the
11 Secretary of State has received verification certificates from
12 the supervisors of elections indicating that the requisite
13 number and distribution of valid signatures of electors have
14 been submitted to and verified by the supervisors. Every
15 signature shall be dated when made and shall be valid for a
16 period of 4 years following such date, provided all other
17 requirements of law are complied with.
18 (1)(a)(3) The sponsor of a constitutional an
19 initiative amendment proposed by initiative must shall, prior
20 to obtaining any signatures, register as a political committee
21 prior to taking or initiating any action with respect to that
22 amendment.
23 (b) After registering as a political committee, the
24 sponsor of a constitutional amendment proposed by initiative
25 shall pursuant to s. 106.03 and submit the text of the
26 proposed amendment and the petition format to the division for
27 approval Secretary of State, with the form on which the
28 signatures will be affixed, and shall obtain the approval of
29 the Secretary of State of such form. The division Secretary
30 of State shall adopt promulgate rules pursuant to s. 120.54
31
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1 prescribing the style and requirements of petition forms such
2 form.
3 (2)(4) The sponsor shall submit signed and dated
4 petitions forms to each the appropriate supervisor of
5 elections for verification as to the number of registered
6 electors whose valid voters' signatures appear thereon. Each
7 signature must be dated when made and remains valid for 4
8 years following such date, provided that all other
9 requirements of law have been complied with. The supervisor
10 shall promptly verify the signatures upon payment of the fee
11 required by s. 99.097. Upon completion of verification, the
12 supervisor shall execute a certificate indicating the total
13 number of signatures checked, the number of signatures
14 verified as valid and as being of registered electors, and the
15 distribution of signatures by congressional district. This
16 certificate shall be immediately transmitted to the division
17 Secretary of State. The supervisor shall retain the petitions
18 signature forms for at least 1 year following the election in
19 which the proposed amendment issue appeared on the ballot or
20 until the division of Elections notifies the supervisors of
21 elections that the committee that which circulated the
22 petition is no longer seeking to obtain ballot position.
23 (3)(5) The division Secretary of State shall determine
24 from the verification certificates received from the
25 supervisors of elections the total number of verified valid
26 signatures and the distribution of such signatures by
27 congressional district districts. Upon a determination that
28 the requisite number and distribution of valid signatures have
29 been obtained, the division secretary shall issue a
30 certificate of ballot position for that proposed amendment and
31 shall assign a designating number pursuant to s. 100.194 s.
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1 101.161. A petition is considered shall be deemed to be filed
2 with the Secretary of State upon the date of the receipt by
3 the division secretary of a certificate or certificates from
4 the supervisors of elections indicating that the petition has
5 been signed by the constitutionally required number of voters
6 electors.
7 (4) Constitutional amendments proposed by initiative
8 shall be placed on the ballot for the general election held
9 more than 90 days after the certification of ballot position
10 by the division.
11 (5)(6) The division may adopt Department of State
12 shall have the authority to promulgate rules in accordance
13 with s. 120.54 to carry out the provisions of this section.
14 Section 69. Section 101.161, Florida Statutes, is
15 transferred, renumbered as section 100.194, Florida Statutes,
16 and amended to read:
17 100.194 101.161 Referenda; ballots.--
18 (1) Whenever a constitutional amendment or other issue
19 public measure is submitted to the vote of the people, the
20 substance of the such amendment or issue other public measure
21 shall be printed in clear and unambiguous language on the
22 ballot after the list of candidates, followed by the words
23 word "yes" and also by the word "no," and shall be styled in
24 such a manner that a "yes" vote will indicate approval of the
25 amendment or issue proposal and a "no" vote will indicate
26 rejection. The wording of the substance of the amendment
27 summary or issue summary other public measure and the ballot
28 title to appear on the ballot shall be embodied in the joint
29 resolution, constitution constitutional revision commission
30 proposal, constitutional convention proposal, taxation and
31 budget reform commission proposal, or enabling resolution or
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1 ordinance. Except for amendments and ballot language proposed
2 by joint resolution, the substance of the amendment summary or
3 issue summary other public measure shall be an explanatory
4 statement, not exceeding 75 words in length, of the chief
5 purpose of the measure. The ballot title shall consist of a
6 caption, not exceeding 15 words in length, by which the
7 amendment or issue measure is commonly referred to or spoken
8 of.
9 (2) The summary substance and ballot title of a
10 constitutional amendment proposed by initiative shall be
11 prepared by the sponsor and approved by the division Secretary
12 of State in accordance with rules adopted pursuant to s.
13 120.54.
14 (3) The division Department of State shall give each
15 proposed constitutional amendment a designating number for
16 convenient reference. This number designation shall appear on
17 the ballot. Designating numbers shall be assigned in the order
18 of filing or certification and in accordance with rules
19 adopted by the division Department of State. The division
20 Department of State shall furnish the designating number, the
21 ballot title, and the substance of each amendment summary to
22 the supervisor of elections of each county in which such
23 amendment is to be voted on.
24 (4)(3)(a) The ballot for the general election in the
25 year 2000 must contain a statement allowing voters to
26 determine whether circuit or county court judges will be
27 selected by merit selection and retention as provided in s.
28 10, Art. V of the State Constitution. The ballot in each
29 circuit must contain the statement in paragraph (c). The
30 ballot in each county must contain the statement in paragraph
31 (e).
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1 (b) For any general election in which the Secretary of
2 State, for any circuit, or the supervisor of elections, for
3 any county, has certified the ballot position for an
4 initiative to change the method of selection of judges
5 pursuant to s. 10, Art. V of the State Constitution, the
6 ballot for any circuit must contain the statement in paragraph
7 (b) (c) or paragraph (c) (d) and the ballot for any county
8 must contain the statement in paragraph (d) (e) or paragraph
9 (e) (f).
10 (b)(c) In any circuit where the initiative is to
11 change the selection of circuit court judges to selection by
12 merit selection and retention, the ballot shall state: "Shall
13 the method of selecting circuit court judges in the ...(number
14 of the circuit)... judicial circuit be changed from election
15 by a vote of the people to selection by the judicial
16 nominating commission and appointment by the Governor with
17 subsequent terms determined by a retention vote of the
18 people?" This statement must be followed by the word "yes" and
19 also by the word "no."
20 (c)(d) In any circuit where the initiative is to
21 change the selection of circuit court judges to election by
22 the voters, the ballot shall state: "Shall the method of
23 selecting circuit court judges in the ...(number of the
24 circuit)... judicial circuit be changed from selection by the
25 judicial nominating commission and appointment by the Governor
26 with subsequent terms determined by a retention vote of the
27 people to election by a vote of the people?" This statement
28 must be followed by the word "yes" and also by the word "no."
29 (d)(e) In any county where the initiative is to change
30 the selection of county court judges to merit selection and
31 retention, the ballot shall state: "Shall the method of
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1 selecting county court judges in ...(name of county)... be
2 changed from election by a vote of the people to selection by
3 the judicial nominating commission and appointment by the
4 Governor with subsequent terms determined by a retention vote
5 of the people?" This statement must be followed by the word
6 "yes" and also by the word "no."
7 (e)(f) In any county where the initiative is to change
8 the selection of county court judges to election by the
9 voters, the ballot shall state: "Shall the method of selecting
10 county court judges in ...(name of the county)... be changed
11 from selection by the judicial nominating commission and
12 appointment by the Governor with subsequent terms determined
13 by a retention vote of the people to election by a vote of the
14 people?" This statement must be followed by the word "yes" and
15 also by the word "no."
16 Section 70. Section 101.171, Florida Statutes, is
17 transferred, renumbered as section 100.195, Florida Statutes,
18 and amended to read:
19 100.195 101.171 Copy of constitutional amendment to be
20 posted.--Whenever an any amendment to the State Constitution
21 is to be voted upon at any election, the division Department
22 of State shall have printed, and shall furnish to each
23 supervisor with of elections, a sufficient number of copies of
24 the amendment, and the supervisor shall have a copy thereof
25 conspicuously posted at each precinct on upon the day of
26 election day.
27 Section 71. Section 101.2515, Florida Statutes, is
28 transferred, renumbered as section 100.197, Florida Statutes,
29 and amended to read:
30 100.197 101.2515 Translation of ballot language for
31 statewide issue.--Upon the request of a supervisor of
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1 elections made no later than 60 days before prior to the date
2 of a general election, the division Department of State shall
3 provide a written translation of a statewide ballot issue in
4 the language of any language minority group specified in the
5 provisions of s. 203 of the Voting Rights Act of 1965, as
6 amended, as applicable to this state.
7 Section 72. Section 100.201, Florida Statutes, is
8 amended to read:
9 100.201 Referendum required before issuing
10 bonds.--Whenever any county, district, or municipality is
11 authorized by law given power to issue bonds that which are
12 required to be approved by referendum, such bonds shall be
13 issued only after they the same have been approved by a the
14 majority of the votes cast by those persons eligible to vote
15 in the such referendum. The election expenses costs of the
16 such referendum shall be paid in whole or in part, as the case
17 may be, out of the county, district, or municipal treasury, as
18 appropriate.
19 Section 73. Section 100.211, Florida Statutes, is
20 amended to read:
21 100.211 Power to call bond referendum; notice
22 required.--The board of county commissioners or the governing
23 body authority of any district or municipality may, by
24 resolution, call a bond referendum under this code. In the
25 event any referendum is called to decide whether a majority of
26 the electors participating are in favor of the issuance of
27 bonds in the county, district, or municipality, The board of
28 county commissioners, or the governing body authority of the
29 municipality or district, shall by resolution order the bond
30 referendum to be held in the county, district, or municipality
31
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1 and shall give notice of the election in the manner prescribed
2 by s. 100.342.
3 Section 74. Section 100.221, Florida Statutes, is
4 amended to read:
5 100.221 General election laws to govern bond
6 referenda.--The laws governing the holding of general
7 elections are applicable to bond referenda, except as
8 otherwise provided in ss. 100.201-100.351. When a bond
9 referendum is held in a county or district, the polling places
10 for that voting in a bond referendum shall be the same as the
11 places for voting in a general election. However, elections,
12 when a bond referendum is held in the county or district; but
13 when a bond referendum is held in a municipality, the polling
14 places shall be the same as in other municipal elections.
15 Section 75. Section 100.261, Florida Statutes, is
16 amended to read:
17 100.261 Holding bond referenda with other
18 elections.--A Whenever any bond referendum is called, it shall
19 be lawful for any county, district, or municipality to hold
20 such bond referendum may be held on the same day as of any
21 state, county, or municipal primary or general election, or on
22 the day of any election of such county, district, or
23 municipality for any purpose other than the purpose of voting
24 on such bonds. If the such bond referendum is held
25 concurrently with such an a regularly scheduled election, the
26 county, district, or municipality shall pay only its pro rata
27 share of election expenses costs directly related to the bond
28 referendum. However, nothing in this section does not shall
29 prohibit the holding of a special or separate bond referendum.
30
31
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1 Section 76. Section 100.341, Florida Statutes, is
2 transferred, renumbered as section 100.266, Florida Statutes,
3 and amended to read:
4 100.266 100.341 Bond referendum ballot.--The ballots
5 used in bond referenda shall include a printed description of
6 the issuance of bonds to be voted on as prescribed by the
7 governing body authority calling the referendum. A separate
8 statement of each issue of bonds to be approved, giving the
9 maximum principal amount of the bonds and maximum interest
10 rate thereon, together with other details necessary to inform
11 the voters electors, shall be printed on the ballots in
12 connection with the question "For Bonds" and "Against Bonds."
13 Section 77. Section 100.271, Florida Statutes, is
14 amended to read:
15 100.271 Inspectors, clerk, duties; Return and canvass
16 of referendum recorded.--
17 (1) The canvassing board for the governing body that
18 called the referendum shall canvass the returns of the
19 referendum and have the results recorded in the minutes of
20 that governing body. The recorded results must include a
21 separate finding as to the total number of votes cast in the
22 referendum, including subtotals of the number of those in
23 favor of and the number of those against the approval of the
24 bonds. In any bond referendum, unless the referendum is held
25 in connection with a regular or special state, county, or
26 municipal election, at least two inspectors and one clerk
27 shall be appointed and qualified, as in cases of general
28 elections, and they shall canvass the vote cast and make due
29 returns of same without delay.
30 (2) In any bond referendum held in a municipality
31 shall be returned to and canvassed by the governing authority
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1 which called the referendum, but in any county or district the
2 returns shall be made to the board of county commissioners.
3 The board of county commissioners or, in the case of a
4 municipality, the governing authority thereof, shall canvass
5 the returns and declare the result and have same recorded in
6 the minutes of the board of county commissioners, or, in the
7 case of a district, the certificate of declaration of result
8 shall be recorded in the minutes of the governing authority of
9 such district, or, in the case of a municipality, the result
10 shall be recorded in the minutes of the governing authority of
11 the municipality. If any bond referendum is held in
12 conjunction with a state, county, or municipal any other
13 election, however, the officials responsible for the canvass
14 of such election shall also canvass the returns of the
15 referendum and shall certify those returns the same to the
16 proper governing body.
17 Section 78. Section 100.281, Florida Statutes, is
18 amended to read:
19 100.281 Approval to issue bonds.--If Should a majority
20 of the votes cast in a bond referendum are be in favor of the
21 issuance of the bonds, then the issuance of those said bonds
22 is deemed authorized in accordance with s. 12, Art. VII of the
23 State Constitution. If In the event less than a majority of
24 the votes cast in a bond referendum are opposed to those
25 voting on the issue voted in favor of the issuance of the
26 proposed bonds, then the issuance of those specified bonds is
27 shall be deemed to have failed of approval and it is unlawful
28 to issue or attempt to issue those said bonds.
29 Section 79. Section 100.291, Florida Statutes, is
30 amended to read:
31
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1 100.291 Recorded Record results of election prima
2 facie evidence.--After a Whenever any bond referendum has been
3 is called and held, and the results minutes have been recorded
4 in the minutes as provided in s. 100.271, and also a separate
5 finding as to the total number of votes cast in the
6 referendum, both in favor and against the approval of bonds,
7 then a duly certified copy of the separate finding of the vote
8 count required by that section is shall be admissible in all
9 state courts as prima facie evidence in all state courts of
10 the truth, including the regularity, of the call, conduct, and
11 holding of the referendum at the time and place specified.
12 Section 80. Section 100.301, Florida Statutes, is
13 amended to read:
14 100.301 Refunding bonds excluded.--Sections
15 100.201-100.351 do shall not apply to refunding bonds, and the
16 term wherever the word "bond" or "bonds" as is used in these
17 sections excludes it shall be construed to exclude refunding
18 bonds. However,; but if the statute, ordinance, or resolution
19 under which refunding bonds are authorized or are to be issued
20 requires approval by a referendum to determine whether such
21 refunding bonds shall be issued, the referendum may be held as
22 provided by ss. 100.201-100.351.
23 Section 81. Section 100.311, Florida Statutes, is
24 amended to read:
25 100.311 Local law governs bond election held by
26 municipalities.--No section of This code does not controlling
27 or regulating bond referenda shall be deemed to repeal or
28 modify any provision of contained in any local law relating to
29 bond referenda held by any municipality. The provisions of,
30 but ss. 100.201-100.351 are shall be deemed additional and
31 supplementary to any such local law.
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1 Section 82. Section 100.321, Florida Statutes, is
2 amended to read:
3 100.321 Test suit; validation proceedings.--
4 (1) Any taxpayer of a the county, district, or
5 municipality in which wherein bonds are declared to have been
6 authorized may, shall have the right to test the legality of
7 the referendum and of the declaration of the results result
8 thereof, by filing an action in the circuit court of the
9 county in which the referendum was held. The suit action shall
10 be brought against the county commissioners in the case of a
11 county or district referendum, or against the governing body
12 authority of the municipality in the case of a municipal
13 referendum. If the In case any such referendum or the
14 declaration of the results thereof is shall be adjudged to be
15 illegal and void in any such suit, the judgment shall have the
16 effect of nullifying the referendum. A No suit shall be
17 brought to test the legality validity of a any bond referendum
18 must unless the suit shall be instituted within 60 days after
19 the declaration of the results of the referendum.
20 (2) If In the event proceedings are shall be filed in
21 any court to validate such the bonds after their approval by
22 the voters, which have been voted for, then any such taxpayer
23 is required shall be bound to intervene in such validation
24 suit as the sole means to and contest the legality validity of
25 the holding of the referendum or the declaration of the
26 results thereof., in which event The exclusive jurisdiction to
27 determine the legality of such referendum or the declaration
28 of the results thereof is shall be vested in the court hearing
29 and determining the said validation proceedings. If the said
30 bonds in the validation proceedings are shall be held valid on
31 final hearing or an intervention by the taxpayer is shall be
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1 interposed and held not to have been sustained, then the
2 judgment in the said validation proceedings is shall be final
3 and conclusive as to the legality and validity of the
4 referendum and of the declaration of the results. A thereof,
5 and no separate suit to test the legality of the referendum
6 and the declaration of the results is not same shall be
7 thereafter permissible thereafter.
8 Section 83. Section 100.331, Florida Statutes, is
9 amended to read:
10 100.331 Referendum for defeated bond issue.--If a any
11 bond referendum is called and held to approve for approving
12 the issuance of bonds for a particular purpose and such
13 referendum does not result in the approval of the bonds, then
14 no other referendum for the approval of bonds for the same
15 purpose shall be called for at least 6 months.
16 Section 84. Section 100.342, Florida Statutes, is
17 amended to read:
18 100.342 Notice of special election or referendum.--In
19 any special election or referendum where notice to the voters
20 is not otherwise provided for, including any municipal
21 election or referendum, the election official responsible for
22 conducting the election or referendum shall provide there
23 shall be at least 30 days' notice of the election or
24 referendum by publication in a newspaper of general
25 circulation in the county, district, or municipality, as
26 appropriate the case may be. The publication shall be made at
27 least twice, once in the fifth week and once in the third week
28 prior to the week in which the election or referendum is to be
29 held. If there is not a no newspaper of general circulation
30 in the county, district, or municipality, the notice must
31 shall be conspicuously posted in at least no less than five
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1 places within the territorial limits of the county, district,
2 or municipality.
3 Section 85. Section 100.351, Florida Statutes, is
4 amended to read:
5 100.351 Referendum election; certificate of results to
6 division Department of State.--If Whenever an election is held
7 under a referendum provision of an act of the Legislature, the
8 election officials of the governmental unit in which the
9 election is held shall certify the results thereof to the
10 division Department of State, which shall enter such results
11 upon the official record of the act requiring such election on
12 file in the office of the Department of State.
13 Section 86. Section 100.3605, Florida Statutes, is
14 amended to read:
15 100.3605 Conduct of municipal elections.--
16 (1) The Florida Election Code, chapters 97-106, shall
17 govern the conduct of a municipality's election in the absence
18 of an applicable special act, charter, or ordinance provision.
19 No charter or ordinance provision shall be adopted which
20 conflicts with or exempts a municipality from any provision in
21 the Florida Election code that expressly applies to
22 municipalities.
23 (2) The governing body of a municipality may, by
24 ordinance, change the dates for qualifying and for the
25 election of members of the governing body of the municipality
26 and provide for the orderly transition of office resulting
27 from such date changes.
28 Section 87. Section 100.361, Florida Statutes, is
29 amended to read:
30 100.361 Municipal recall.--
31
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1 (1) RECALL PETITIONS AND STATEMENTS PETITION.--Any
2 member of the governing body of a municipality or charter
3 county, hereinafter referred to in this section as
4 "municipality," may be removed from office by the voters
5 electors of the municipality. However, a petition to recall a
6 member of the governing body of a municipality may not be
7 filed until the member has served at least one-fourth of the
8 member's term of office. If When the official represents a
9 district and is elected only by voters electors residing in
10 that district, only voters electors from that district are
11 eligible to sign the petition to recall that official and are
12 entitled to vote in the recall election. If When the official
13 represents a district and is elected at-large by the voters
14 electors of the municipality, all voters electors of the
15 municipality are eligible to sign the petition to recall that
16 official and are entitled to vote in the recall election. As
17 Where used in this section, the term "district" means shall be
18 construed to mean the area or region of a municipality from
19 which a member of the governing body is elected by the voters
20 electors from that such area or region. Members may be removed
21 from office by the following procedure:
22 (a) A petition entitled the "Recall Petition and
23 Statement of Grounds for Recall" shall be prepared naming the
24 person sought to be recalled and containing a statement of the
25 grounds for recall in not more than 200 words limited solely
26 to the grounds specified in paragraph (c) (b). If more than
27 one member of the governing body is sought to be recalled,
28 whether such member is elected by the electors of a district
29 or by the electors of the municipality at-large, a separate
30 recall petition shall be prepared for each member sought to be
31 recalled.
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1 1. In a municipality or district of fewer than 500
2 voters electors, the petition shall be signed by at least 50
3 voters electors or by 10 percent of the total number of
4 registered electors of the municipality or district as of the
5 preceding municipal election, whichever is greater.
6 2. In a municipality or district of 500 or more but
7 fewer than 2,000 voters registered electors, the petition
8 shall be signed by at least 100 voters electors or by 10
9 percent of the total number of voters registered in electors
10 of the municipality or district as of the preceding municipal
11 election, whichever is greater.
12 3. In a municipality or district of 2,000 or more but
13 fewer than 5,000 voters registered electors, the petition
14 shall be signed by at least 250 voters electors or by 10
15 percent of the total number of voters registered in electors
16 of the municipality or district as of the preceding municipal
17 election, whichever is greater.
18 4. In a municipality or district of 5,000 or more but
19 fewer than 10,000 voters registered electors, the petition
20 shall be signed by at least 500 voters electors or by 10
21 percent of the total number of voters registered in electors
22 of the municipality or district as of the preceding municipal
23 election, whichever is greater.
24 5. In a municipality or district of 10,000 or more but
25 fewer than 25,000 voters registered electors, the petition
26 shall be signed by at least 1,000 voters electors or by 10
27 percent of the total number of voters registered in electors
28 of the municipality or district as of the preceding municipal
29 election, whichever is greater.
30 6. In a municipality or district of 25,000 or more
31 voters registered electors, the petition shall be signed by at
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1 least 1,000 electors or by 5 percent of the total number of
2 voters registered in electors of the municipality or district
3 as of the preceding municipal election, whichever is greater.
4 (b) The voters Electors of the municipality or
5 district making charges contained in the statement of grounds
6 for recall and those eligible voters signing the "Recall
7 Petition and Statement of Grounds for Recall" recall petition
8 shall constitute be designated as the "committee." A specific
9 person shall be designated in the petition as chair of the
10 committee to act for the committee. Electors of the
11 municipality or district are eligible to sign the petition.
12 Signatures and oaths of witnesses shall be executed as
13 provided in paragraph (d) (c). All signatures shall be
14 obtained within a period of 30 days, and the petition shall be
15 filed within 30 days after the date the first signature is
16 obtained on the petition.
17 (c)(b) The grounds for removal of elected municipal
18 officials shall, for the purposes of this section act, be
19 limited to any one or more of the following and must be
20 contained in the petition:
21 1. Malfeasance.;
22 2. Misfeasance.;
23 3. Neglect of duty.;
24 4. Drunkenness.;
25 5. Incompetence.;
26 6. Permanent inability to perform official duties.;
27 and
28 7. Conviction of a felony involving moral turpitude.
29 (d)(c) Each voter elector of the municipality signing
30 a petition shall sign his or her name in ink or indelible
31 pencil as registered in the office of the supervisor of
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1 elections and indicate shall state on the petition his or her
2 place of residence and voting precinct. Each petition shall
3 contain appropriate lines for the signature, printed name, and
4 street address of the voter elector and an oath, to be
5 executed by a witness thereof, verifying the fact that the
6 witness saw each person signing sign the counterpart of the
7 petition, that each signature appearing thereon is the genuine
8 signature of the person it purports to be, and that the
9 petition was signed in the presence of the witness on the date
10 indicated.
11 (e)1.(d) The chair of the committee shall file the
12 petition shall be filed with the auditor or clerk of the
13 municipality or charter county, or the his or her equivalent
14 official, hereinafter referred to as "clerk". A petition
15 cannot be amended after it has been filed with the clerk., by
16 the person designated as chair of the committee, and,
17 2. When the petition is filed, the clerk shall submit
18 the such petition to the county supervisor of elections who
19 shall, within a period of not more than 30 days after the
20 petition is filed with the supervisor, determine whether the
21 petition contains the required number of valid signatures. The
22 petition cannot be amended after it is filed with the clerk.
23 The supervisor shall be paid by the persons or committee
24 seeking verification the sum of 10 cents for each name
25 checked.
26 (f)(e) If the supervisor determines it is determined
27 that the petition does not contain the required number of
28 valid signatures, the clerk shall so certify to the governing
29 body of the municipality or charter county and file the
30 petition without taking further action, and the matter shall
31 be at an end. No additional names may be added to the
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1 petition, and the petition may shall not be used in any other
2 proceeding.
3 (g)(f) If the supervisor determines it is determined
4 that the petition has the required number of valid signatures,
5 then the clerk shall at once serve upon the person sought to
6 be recalled a certified copy of the petition. Within 5 days
7 after service, the person sought to be recalled may file with
8 the clerk a defensive statement of defense of not more than
9 200 words. The clerk shall, within 5 days, prepare a copy
10 sufficient number of typewritten, printed, or mimeographed
11 copies of the recall petition and defensive statement of
12 defense, including as well as the names, addresses, and oaths
13 on the original petition, and deliver them to the person who
14 has been designated as chair of the committee and take his or
15 her receipt therefor. That copy Such prepared copies shall be
16 entitled "Recall Petition and Statement of Defense" and shall
17 contain lines and spaces for signatures and printed names of
18 voters, registered electors, place of residence address,
19 election precinct number, and date of signing, together with
20 oaths to be executed by the witnesses which conform to the
21 provisions of paragraph (d) (c). The clerk shall deliver forms
22 sufficient for to carry the signatures of 30 percent of the
23 voters registered electors.
24 (h)(g) Upon receipt of the "Recall Petition and
25 Statement of Defense," the committee may circulate it them to
26 obtain the signatures of 15 percent of the voters electors.
27 Any voter elector who signs a recall petition has shall have
28 the right to demand in writing that his or her name be
29 stricken from the petition. A written demand signed by the
30 voter elector shall be filed with the clerk and upon receipt
31 of the demand the clerk shall strike the name of the voter
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1 elector from the petition and place his or her initials to the
2 side of the signature stricken. However, a no signature may
3 not be stricken after the clerk has delivered the "Recall
4 Petition and Statement of Defense" to the supervisor of
5 elections for verification.
6 (i)(h) Within 60 days after delivery of the "Recall
7 Petition and Statement of Defense" to the chair, the chair
8 shall file with the clerk the "Recall Petition and Statement
9 of Defense" that which bears the signatures of voters
10 electors. The clerk shall assemble all signed petitions, check
11 to see that each petition is properly verified by the oath of
12 a witness, and submit such petitions to the county supervisor
13 of elections, who shall determine the number of valid
14 signatures, purge the names withdrawn, certify within 30 days
15 whether 15 percent of the voters qualified electors of the
16 municipality have signed the petitions, and report his or her
17 findings to the governing body. The supervisor shall be paid
18 by the persons or committee seeking verification the sum of 10
19 cents for each name checked.
20 (j)(i) The clerk shall notify in writing the person
21 sought to be recalled, the chair of the committee, and the
22 governing body of the percentage of valid signatures. If the
23 petitions do not contain the required number of signatures,
24 the clerk shall report such fact to the governing body and
25 file the petitions, the proceedings shall be terminated, and
26 the petitions may shall not again be used again.
27 (k) The clerk shall preserve all papers relating to
28 the recall attempt for 2 years after they are filed. If the
29 signatures do amount to at least 15 percent of the qualified
30 electors, the clerk shall serve notice of that fact upon the
31 person sought to be recalled and deliver to the governing body
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1 a certificate as to the percentage of qualified voters who
2 signed.
3 (2) RECALL ELECTION.--If the notice required in
4 paragraph (1)(j) indicates that the petition contained the
5 required number of valid signatures, If the person designated
6 in the petition files with the clerk, within 5 days after the
7 last-mentioned notice, his or her written resignation, the
8 clerk shall at once notify the governing body of that fact,
9 and the resignation shall be irrevocable. The governing body
10 shall then proceed to fill the vacancy according to the
11 provisions of the appropriate law. In the absence of a
12 resignation, the chief judge of the judicial circuit in which
13 the municipality is located shall set fix a date day for
14 holding a recall election for the removal of those not
15 resigning. The Any such election shall be held not less than
16 30 days or more than 60 days after delivery of the notice in
17 paragraph (1)(j) expiration of the 5-day period last-mentioned
18 and at the same time as any other general or special election
19 held within the period.; but If no such an election is not
20 scheduled to be held within that period, the judge shall call
21 a special recall election to be held within the period
22 aforesaid.
23 (3) BALLOTS.--The ballots at the recall election shall
24 conform to the following: With respect to each person whose
25 removal is sought, the question shall be submitted: "Should
26 Shall .... be removed from the office of .... by recall?"
27 Immediately Following each question there shall be printed on
28 the ballots the following two propositions in the order here
29 set forth:
30 "...(name of person)... should be removed from office."
31
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1 "...(name of person)... should not be removed from
2 office."
3 (4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--
4 (a) If an election is held for the recall of members
5 elected only at-large, candidates to succeed them for the
6 unexpired terms shall be voted upon at the same election and
7 shall be elected in the same manner as provided by the
8 appropriate law for the election of candidates at general
9 elections. Candidates may shall not be elected to succeed any
10 particular member. If only one member is removed, the
11 candidate receiving the highest number of votes shall be
12 declared elected to fill the vacancy. If more than one member
13 is removed, candidates equal in number to the number of
14 members removed and receiving the next highest number of
15 votes, in succession, shall be declared elected to fill the
16 vacancies; and, among the successful candidates, those
17 receiving the greatest number of votes shall be declared
18 elected for the longest terms. Cases of ties, and all other
19 matters not herein specially provided for in this section,
20 shall be determined by the rules governing elections
21 generally.
22 (b) If an election is held for the recall of members
23 elected only from districts or for the recall of members
24 elected at-large and members elected from districts, and two
25 or more members are recalled, candidates to succeed them for
26 the unexpired terms shall be voted upon at a special election
27 called by the chief judge of the judicial circuit in which the
28 districts are located not less than 30 days or more than 60
29 days following after the expiration of the recall election.
30 The qualifying period, for purposes of this section, shall be
31 established by the chief judge of the judicial circuit after
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1 consultation with the clerk. Any candidate seeking election
2 to fill the unexpired term of a recalled district municipal
3 official shall reside in the district represented by the
4 recalled official and qualify for office in the manner
5 required by law. Each candidate receiving the highest number
6 of votes for each office in the special district recall
7 election shall be declared elected to fill the unexpired term
8 of the recalled official. However, if at the recall election
9 only one member is voted to be removed from office, this
10 paragraph does not apply and the single vacancy created shall
11 be filled by the governing body according to law. Candidates
12 seeking election to fill a vacancy created by the removal of a
13 municipal official shall be subject to the provisions of
14 chapter 106.
15 (c) For the purposes of this section, the qualifying
16 period shall be established by the chief judge of the judicial
17 circuit after consultation with the clerk. Candidates seeking
18 election to fill a vacancy created by the removal of a
19 municipal official shall qualify for office in the manner
20 required by law and are subject to the provisions of chapter
21 106. When an election is held for the recall of members of the
22 governing body composed of both members elected at-large and
23 from districts, candidates to succeed them for the unexpired
24 terms shall be voted upon at a special election as provided in
25 paragraph (b).
26 (d) However, in any recall election held pursuant to
27 paragraph (b) or paragraph (c), if only one member is voted to
28 be removed from office, the vacancy created by the recall
29 shall be filled by the governing body according to the
30 provisions of the appropriate law for filling vacancies.
31
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1 (5) EFFECT OF RESIGNATIONS.--If the member of the
2 governing body sought to be being recalled resigns from office
3 effective prior to the recall election, the remaining members
4 shall fill the vacancy created as provided by according to the
5 appropriate law for filling vacancies. If all of the members
6 of the governing body are sought to be recalled and all of the
7 members resign effective prior to the recall election, the
8 recall election shall be canceled, and a special election
9 shall be called to fill the unexpired terms of the resigning
10 members. If all of the members of the governing body are
11 sought to be recalled and any of the members resign effective
12 prior to the recall election, the proceedings for the recall
13 of members not resigning and the election of successors to
14 fill the unexpired terms shall continue and have the same
15 effect as though there had been no resignation.
16 (6) INELIGIBILITY FOR APPOINTMENT WHEN PETITION MAY BE
17 FILED.--A No petition to recall any member of the governing
18 body of a municipality shall be filed until the member has
19 served one-fourth of his or her term of office. No person
20 removed by a recall, or resigning after a petition has been
21 filed against him or her, is ineligible shall be eligible to
22 be appointed to the governing body within a period of 2 years
23 after the date of such recall or resignation. The clerk shall
24 preserve in his or her office all papers comprising or
25 connected with a petition for recall for a period of 2 years
26 after they were filed. This method of removing members of the
27 governing body of a municipality is in addition to such other
28 methods now or hereafter provided by the general laws of this
29 state.
30 (7) PROHIBITIONS; PENALTIES OFFENSES RELATING TO
31 PETITIONS.--
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1 (a) A No person may not shall impersonate another,
2 purposely write his or her name or residence falsely in the
3 signing of any petition for recall or forge any name thereto,
4 or sign any paper with knowledge that he or she is not a voter
5 qualified elector of the municipality. No expenditures for
6 campaigning for or against an officer being recalled shall be
7 made until the date on which the recall election is to be held
8 is publicly announced. The committee and the officer being
9 recalled shall be subject to chapter 106. No person shall
10 employ or pay another to accept employment or payment for
11 circulating or witnessing a recall petition. Any person
12 violating any of the provisions of this subsection commits
13 section shall be deemed guilty of a misdemeanor of the second
14 degree punishable and shall, upon conviction, be punished as
15 provided in s. 775.082 or s. 775.083 by law.
16 (8) APPLICABILITY OF CHAPTER 106.--The committee and
17 the officer sought to be recalled are subject to chapter 106.
18 The committee shall register as a political committee prior to
19 obtaining signatures on any petition.
20 (9)(a)(8) INTENT.--It is the intent of the Legislature
21 that the recall procedures provided in this section act shall
22 be uniform statewide. However, the method of removing members
23 of the governing body of a municipality provided in this
24 section is in addition to such other methods now or hereafter
25 provided by the general laws of this state. Therefore,
26 (b) Any all municipal charter or and special law that
27 is provisions which are contrary to the provisions of this
28 section is act are hereby repealed to the extent of the this
29 conflict.
30 (c)(9) PROVISIONS APPLICABLE.--The provisions of This
31 section applies act shall apply to municipalities cities and
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1 charter counties regardless of whether or not they have
2 adopted recall provisions.
3 Section 88. Section 100.151, Florida Statutes, is
4 transferred, renumbered as section 100.375, Florida Statutes,
5 and amended to read:
6 100.375 100.151 Special elections called by local
7 governing bodies, notice.--County commissioners or the
8 governing body authority of a municipality may shall not call
9 a any special election until notice is given to the supervisor
10 of elections and his or her consent obtained as to a date when
11 the election may be held registration books can be available.
12 Section 89. Section 100.391, Florida Statutes, is
13 created to read:
14 100.391 Election expenses.--
15 (1) For purposes of this section, the term "election
16 expenses" includes, but is not limited to, expenditures for
17 all paper supplies such as envelopes, instructions to voters,
18 oaths, affirmations, reports, ballots, ballot instructions for
19 absentee voters, postage, and notices to voters;
20 advertisements for registration closings, testing of voting
21 equipment, sample ballots, and polling places; forms used to
22 qualify candidates; polling site rental and equipment delivery
23 and pickup; data-processing time and supplies; election
24 records retention; and labor, including those costs uniquely
25 associated with the preparation of absentee ballots, poll
26 workers, and election-night canvass.
27 (2)(a) Except as otherwise provided in paragraph (b),
28 the expenses of holding all elections for federal, state,
29 county, and school district offices necessarily incurred shall
30 be paid out of the treasury of the county.
31
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1 (b) Whenever a special election or special primary is
2 held as required in s. 100.101 but is not held in conjunction
3 with a regularly scheduled primary or general election, each
4 county incurring expenses resulting from such election shall
5 be reimbursed by the state. Reimbursement shall be based upon
6 actual expenses as filed by the supervisor with the county
7 governing body. The division shall verify the expenses of each
8 such special election and each such special primary and
9 authorize payment for reimbursement to each county affected.
10 (3) Notwithstanding any special law to the contrary,
11 the expenses of holding a special district or community
12 development district election, or the district's proportionate
13 share of regular election expenses, as the case may be, shall
14 be paid out of the district's treasury. This paragraph applies
15 to any district, whether created by or pursuant to special or
16 general law, which is a special district as defined in s.
17 189.403(1) or a community development district as defined in
18 s. 190.003(6).
19 (4) Notwithstanding any special law to the contrary,
20 the expenses of holding a municipal election, or the
21 municipality's proportionate share of regular election
22 expenses, as the case may be, shall be paid out of the
23 municipality's treasury.
24 (5) Notwithstanding any special law to the contrary,
25 the supervisor may impose an interest penalty on any amount
26 due and owing to him or her from a special district, community
27 development district, or municipality if payment is not made
28 within 30 days after receipt of the bill or within 10 working
29 days after the required time authorized by interlocal
30 agreement. The rate of interest shall be the rate established
31 under s. 55.03.
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1 Section 90. Sections 100.081 and 100.102, Florida
2 Statutes, are repealed.
3 Section 91. Section 101.015, Florida Statutes, is
4 transferred, renumbered as section 101.0002, Florida Statutes,
5 and amended to read:
6 101.0002 101.015 Standards for voting systems.--
7 (1) The division Department of State shall adopt rules
8 that which establish minimum standards for hardware and
9 software for electronic and electromechanical voting systems.
10 Such rules shall contain standards for:
11 (a) Functional requirements;
12 (b) Performance levels;
13 (c) Physical and design characteristics;
14 (d) Documentation requirements; and
15 (e) Evaluation criteria.
16 (2) Each odd-numbered year the Department of State
17 shall review the rules governing standards and certification
18 of voting systems to determine the adequacy and effectiveness
19 of such rules in assuring that elections are fair and
20 impartial.
21 (2)(3) The division Department of State shall adopt
22 rules to achieve and maintain the maximum degree of
23 correctness, impartiality, and efficiency of the procedures of
24 voting, including write-in voting, and of counting,
25 tabulating, and recording votes by voting systems used in this
26 state.
27 (3)(4)(a) The division Department of State shall adopt
28 rules establishing minimum security standards for voting
29 systems.
30 (b) Each supervisor of elections shall establish
31 written procedures to ensure assure accuracy and security in
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1 his or her county, and such procedures shall be reviewed in
2 each odd-numbered year by the division Department of State.
3 (c) Each supervisor of elections shall submit any
4 revisions to the security procedures to the division
5 Department of State at least 45 days before the first election
6 in which they are to take effect.
7 (d) Upon concluding its review of the security
8 provisions pursuant to paragraph (b) or any revision under
9 paragraph (c), the division shall notify the supervisor of the
10 results.
11 (4)(5)(a) The division Department of State shall adopt
12 rules which establish standards for provisional approval of
13 hardware and software for innovative use of electronic and
14 electromechanical voting systems. Such rules shall contain
15 standards for:
16 1. Functional requirements;
17 2. Performance levels;
18 3. Physical and design characteristics;
19 4. Documentation requirements;
20 5. Evaluation criteria;
21 6. Audit capabilities; and
22 7. Consideration of prior use of a system.
23 (b) A voting system shall be provisionally approved
24 for a total of no more than 2 years, and the division may
25 Department of State has the authority to revoke such approval.
26 The division may not grant provisional approval of a system
27 that supersedes shall not be granted by the Department of
28 State to supersede certification requirements of this section.
29 (c)1. A No provisionally approved system may not be
30 used in any election, including any municipal election,
31 without the authorization of the division Department of State.
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1 2. An application for use of a provisionally approved
2 system shall be submitted at least 120 days prior to the
3 intended use by the supervisor of elections or municipal
4 elections official. Such application shall request
5 authorization for use of the system in a specific election.
6 Each application shall state the election, the number of
7 precincts, and the number of anticipated voters for which the
8 system is requested for use.
9 3. The division Department of State shall authorize or
10 deny authorization of the use of the provisionally approved
11 system for the specific election and shall notify the
12 supervisor of elections or municipal elections official in
13 writing of the authorization or denial of authorization, along
14 with the reasons therefor, within 45 days after receipt of the
15 application.
16 (d) A contract for the use of a provisionally approved
17 system for a specific election may be entered into with the
18 approval of the division Department of State. A No contract
19 for title to a provisionally approved system may not be
20 entered into.
21 (e) The use of any provisionally approved system is
22 shall be valid for all purposes.
23 (6) All electronic and electromechanical voting
24 systems purchased on or after January 1, 1990, must meet the
25 minimum standards established under subsection (1). All
26 electronic and electromechanical voting systems in use on or
27 after July 1, 1993, must meet the minimum standards
28 established under subsection (1) or subsection (5).
29 (5)(7) The division of Elections shall review the
30 rules governing standards and certification of voting systems
31 to certification standards and ensure that new technologies
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1 are available for selection by boards of county commissioners
2 which meet the requirements for voting systems and meet user
3 standards. The division of Elections shall continuously review
4 the rules voting systems certification standards to ensure
5 that new technologies are appropriately certified for all
6 elections in a timely manner and to determine the adequacy and
7 effectiveness of such rules in assuring that elections are
8 fair and impartial. The division shall also develop methods to
9 determine the will of the public with respect to voting
10 systems.
11 Section 92. Section 101.5606, Florida Statutes, as
12 amended by section 18 of chapter 2001-40, Laws of Florida, is
13 transferred, renumbered as section 101.0003, Florida Statutes,
14 and amended to read:
15 101.0003 101.5606 Requirements for approval of
16 systems.--A No electronic or electromechanical voting system
17 may not shall be approved by the division Department of State
18 unless it is so constructed that:
19 (1) It Permits and requires voting in secrecy.
20 (2) It Permits each voter elector to vote at any
21 election for all candidates persons and offices for whom and
22 for which the voter elector is lawfully entitled to vote, and
23 no others; to vote for as many candidates persons for an
24 office as the voter elector is entitled to vote for; and to
25 vote for or against any issue question upon which the voter
26 elector is entitled to vote.
27 (3) Immediately rejects The automatic tabulating
28 equipment shall be set to reject a ballot and provide the
29 elector an opportunity to correct the ballot where the number
30 of votes for an office or measure exceeds the number which the
31
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1 voter is entitled to cast or where the tabulating equipment
2 reads the ballot as a ballot with no votes cast.
3 (4) Accepts a rejected ballot pursuant to subsection
4 (3) if a voter chooses to cast the ballot, but records no vote
5 for any office or issue that has been overvoted or undervoted.
6 For rejected ballots that voters choose to cast, the automatic
7 tabulating equipment will be set to accept the ballot and
8 reject all votes for any office or measure when the number of
9 votes therefor exceeds the number which the voter is entitled
10 to cast or when the voter is not entitled to cast a vote for
11 the office or measure.
12 (5) It Is capable of correctly counting votes.
13 (6) It Permits each voter at a primary election to
14 vote only for the candidates seeking nomination by the major
15 political party in which such voter is registered, for any
16 candidate for nonpartisan office, and for any issue question
17 upon which the voter is entitled to vote.
18 (7) At presidential elections it Permits each voter
19 elector, by one operation, to vote at a presidential election
20 for all presidential electors of a party or for all
21 presidential electors of candidates for President and Vice
22 President with no party affiliation.
23 (8) It Provides a method for write-in voting.
24 (9) For each precinct, It is capable of accumulating a
25 count of the specific number of ballots tallied for a
26 precinct, accumulating total votes by candidate for each
27 office, and accumulating total votes for and against each
28 question and issue of the ballots tallied for a precinct.
29 (10) It Is capable of tallying votes from ballots of
30 different political parties from the same precinct, in the
31 case of a primary election.
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1 (11) It Is capable of automatically producing precinct
2 totals in printed, marked, or punched form, or a combination
3 thereof.
4 (12) If it is of a type that which registers votes
5 electronically, permits it will permit each voter to change
6 his or her vote for any candidate or issue upon any question
7 appearing on the official ballot up to the time that the voter
8 takes the final step to register his or her vote and to have
9 the vote computed.
10 (13) It Is capable of providing records from which the
11 operation of the voting system may be audited.
12 (14) It Uses a precinct-count tabulation system.
13 (15) It Does not use an apparatus or device for the
14 piercing of ballots by the voter.
15 Section 93. Section 101.5605, Florida Statutes, is
16 transferred, renumbered as section 101.0004, Florida Statutes,
17 and amended to read:
18 101.0004 101.5605 Examination and approval of
19 equipment.--
20 (1) The division Department of State shall publicly
21 examine all makes of electronic or electromechanical voting
22 systems submitted to it and determine whether the systems
23 comply with the requirements of s. 101.0003 s. 101.5606.
24 (2)(a) Any person owning or interested in a an
25 electronic or electromechanical voting system may submit it to
26 the division Department of State for examination. The voting
27 system vote counting segment shall be certified after a
28 satisfactory evaluation testing has been performed in
29 accordance with rules adopted by the division according to
30 electronic industry standards. This evaluation testing shall
31 include, but is not limited to, testing of all software
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1 required for the voting system's operation; the ballot reader;
2 the rote processor, especially in its logic and memory
3 components; the digital printer; the fail-safe operations; the
4 counting center environmental requirements; and the equipment
5 reliability estimate. For the purpose of assisting in
6 evaluating examining the system, the division department shall
7 employ or contract for services of at least one individual who
8 is expert in one or more fields of data processing, mechanical
9 engineering, and public administration and shall require from
10 the individual a written report of his or her examination.
11 (b) The person submitting a system for approval or the
12 board of county commissioners of any county seeking approval
13 of a given system shall reimburse the division Department of
14 State in an amount equal to the actual costs incurred by the
15 division department in evaluating examining the system. Such
16 reimbursement shall be made whether or not the system is
17 approved by the division department.
18 (c) Neither the Secretary of State nor any examiner
19 shall have any pecuniary interest in any voting system
20 equipment.
21 (d) The division Department of State shall approve or
22 disapprove any voting system submitted to it within 90 days
23 after the date of its initial submission of all materials
24 required by the division.
25 (3)(a) Within 30 days after completing the evaluation
26 examination and upon approval of any electronic or
27 electromechanical voting system, the division Department of
28 State shall make and maintain a report that on the system,
29 together with a written or printed description and drawings
30 and photographs clearly identifies identifying the system and
31 its the operation thereof. As soon as practicable after
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1 completion of its evaluation such filing, the division
2 department shall send a notice of certification or
3 noncertification and, upon request, a copy of the report to
4 the governing bodies of the respective counties of the state.
5 Any voting system that is not approved by the division may not
6 be does not receive the approval of the department shall not
7 be adopted for or used at any election.
8 (b) After a voting system has been approved by the
9 division Department of State, any change or improvement in the
10 system must is required to be approved by the division
11 department prior to the adoption of such change or improvement
12 by any county. If any such change or improvement does not
13 comply with the requirements of this act, the department shall
14 suspend all sales of the equipment or system in the state
15 until the equipment or system complies with the requirements
16 of this act.
17 (4) The division Department of State may at any time
18 reevaluate reexamine any system, or any part thereof, which
19 has previously been approved for the purpose of updating the
20 certification of the system.
21 Section 94. Section 101.56042, Florida Statutes, is
22 transferred, renumbered as section 101.0005, Florida Statutes,
23 and amended to read:
24 101.0005 101.56042 Punch card type systems
25 prohibited.--Effective September 2, 2002, A voting system that
26 uses an apparatus or device for the piercing of ballots by the
27 voter may not be used in this state.
28 Section 95. Section 101.5607, Florida Statutes, is
29 transferred, renumbered as section 101.0006, Florida Statutes,
30 and amended to read:
31
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1 101.0006 101.5607 Division Department of State to
2 maintain voting system information; prepare software.--
3 (1)(a) Copies of the program codes and the user and
4 operator manuals and copies of all software and any other
5 information, specifications, or documentation required by the
6 division Department of State relating to an approved
7 electronic or electromechanical voting system and its
8 equipment must be filed with the division Department of State
9 by the supervisor of elections at the time of purchase or
10 implementation. Any such information or materials that are not
11 on file with and approved by the division Department of State,
12 including any updated or modified materials, may not be used
13 in an election. In addition, the supervisor shall provide
14 copies of user and operator manuals at the request of the
15 division.
16 (b) Within 24 hours after the completion of any logic
17 and accuracy test conducted pursuant to s. 101.0015 s.
18 101.5612, the supervisor of elections shall send by certified
19 mail to the division Department of State a copy of the
20 tabulation program that which was used in the logic and
21 accuracy testing.
22 (c) The division Department of State may, at any time,
23 review the voting system of any county to ensure compliance
24 with this chapter the Electronic Voting Systems Act.
25 (d) Section 119.07(3)(o) applies to all software on
26 file with the division Department of State.
27 (2)(a) The division Department of State may develop
28 software for use with a an electronic or electromechanical
29 voting system. The standards and examination procedures
30 developed for software apply to all software developed by the
31 division Department of State.
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1 (b) Software prepared by the division Department of
2 State is a public record pursuant to chapter 119 and shall be
3 provided at the actual cost of duplication.
4 Section 96. Section 101.292, Florida Statutes, as
5 amended by section 10 of chapter 2001-40, Laws of Florida, is
6 transferred, renumbered as section 101.0007, Florida Statutes,
7 and amended to read:
8 101.0007 101.292 Definitions; ss. 101.292-101.295.--As
9 used in ss. 101.0007-101.0009, the term ss. 101.292-101.295,
10 the following terms shall have the following meanings:
11 (1) "Governing body" means the board of county
12 commissioners of a county or any other governing body
13 empowered by general or special act or local ordinance to
14 purchase or sell voting equipment.
15 (2) "Voting equipment" means electronic or
16 electromechanical voting systems, voting devices, and
17 automatic tabulating equipment as defined in s. 97.021 s.
18 101.5603, as well as materials, parts, or other equipment
19 necessary for the operation and maintenance of such systems
20 and devices, the individual or combined retail value of which
21 is in excess of the threshold amount for CATEGORY TWO
22 purchases provided in s. 287.017.
23 (3) "Purchase" means a contract for the purchase,
24 lease, rental, or other acquisition of voting equipment.
25 Section 97. Section 101.293, Florida Statutes, is
26 transferred, renumbered as section 101.0008, Florida Statutes,
27 and amended to read:
28 101.0008 101.293 Purchase of voting equipment;
29 competitive sealed bids and proposals required.--
30 (1) Any purchase of voting equipment by a governing
31 body, the individual or combined retail value of which is in
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1 excess of the threshold amount for CATEGORY TWO purchases
2 provided in s. 287.017, by a governing body shall be by means
3 of competitive sealed bids or competitive sealed proposals
4 from at least two bidders, except under the following
5 conditions:
6 (a) If a majority of the governing body finds agrees
7 by vote that an emergency situation exists in regard to the
8 purchase of such equipment and to the extent that the
9 potential benefits derived from competitive sealed bids or
10 competitive sealed proposals are outweighed by the detrimental
11 effects of a delay in the acquisition of such equipment; or
12 (b) If a majority of the governing body finds that
13 there is only but a single source from which suitable
14 equipment may be obtained.
15
16 If either of these exceptions apply such conditions are found
17 to exist, the chair of the governing body shall certify to the
18 division of Elections the circumstances justifying the
19 situation and conditions requiring an exception to the
20 competitive sealed bidding and competitive sealed proposal
21 requirements of this section. Such certification shall be
22 maintained on file by the division.
23 (2) The division of Elections of the Department of
24 State shall adopt rules establishing establish bidding
25 procedures for carrying out ss. 101.0007-101.0009, which shall
26 be followed by the provisions and the intent of ss.
27 101.292-101.295, and each governing body shall follow the
28 procedures so established.
29 Section 98. Section 101.294, Florida Statutes, is
30 transferred, renumbered as section 101.0009, Florida Statutes,
31 and amended to read:
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1 101.0009 101.294 Purchase and sale of voting
2 equipment.--
3 (1) The division of Elections of the Department of
4 State shall adopt uniform rules for the purchase, use, and
5 sale of voting equipment in the state. A No governing body may
6 not shall purchase or cause to be purchased any voting
7 equipment unless such equipment has been certified for use in
8 this state by the division Department of State.
9 (2) Any governing body contemplating the purchase or
10 sale of voting equipment shall notify the Division of
11 Elections of such considerations. The division shall attempt
12 to coordinate the sale of excess or outmoded equipment by one
13 county with purchases of necessary equipment by other
14 counties.
15 (3) The division shall inform the governing bodies of
16 the various counties of the state of the availability of new
17 or used voting equipment and of sources available for
18 obtaining such equipment.
19 Section 99. Section 101.591, Florida Statutes, is
20 transferred, renumbered as section 101.0011, Florida Statutes,
21 and amended to read:
22 101.0011 101.591 Voting system audit.--
23 (1) The Legislature, upon specific appropriation and
24 directive, may provide for an independent audit of the voting
25 system in any county. Within 30 days after its completion
26 completing the audit, the person conducting the audit shall
27 furnish a copy of the audit to the supervisor of elections and
28 the board of county commissioners of the county.
29 (2) An audit conducted pursuant to subsection (1)
30 shall consist of a study and evaluation of the voting system
31 used during any primary, general, municipal, or presidential
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1 preference primary election to provide reasonable assurance
2 that the system is properly controlled, can accurately count
3 votes, provides adequate safeguards against unauthorized
4 manipulation and fraud, and complies with the requirements of
5 law and rules of the division Department of State.
6 Section 100. Section 101.5612, Florida Statutes, is
7 transferred, renumbered as section 101.0015, Florida Statutes,
8 and amended to read:
9 101.0015 101.5612 Testing of tabulating equipment.--
10 (1) All electronic or electromechanical voting systems
11 shall be thoroughly tested at the conclusion of maintenance
12 and programming. Tests shall be sufficient to determine
13 whether that the voting system is properly programmed, the
14 election is correctly defined on the voting system, and all of
15 the voting system input, output, and communication devices are
16 working properly.
17 (2) On any day not more than 10 days prior to the
18 election day, the supervisor or municipal election official,
19 as applicable, of elections shall have the automatic
20 tabulating equipment publicly tested to ascertain that it the
21 equipment will correctly count the votes cast for all offices
22 and on all issues measures. Public notice of the time and
23 place of the test shall be given at least 48 hours prior
24 thereto by publication once in one or more newspapers of
25 general circulation in the county or, if there is no newspaper
26 of general circulation in the county, by posting such notice
27 in at least four conspicuous places in the county. The
28 supervisor or the municipal election elections official may,
29 at the time of qualifying, give written notice of the time and
30 location of such public preelection test to each candidate
31 qualifying with that officer office and obtain a signed
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1 receipt that such notice has been given. The division
2 Department of State shall give written notice to each
3 statewide candidate at the time of qualifying, or immediately
4 at the end of qualifying, that the tabulating voting equipment
5 will be tested and advise each such candidate to contact the
6 county supervisor of elections as to the time and location of
7 the public preelection test. The supervisor or the municipal
8 election elections official shall, at least 15 days prior to
9 an election, send written notice by certified mail to the
10 county party chair of each political party and to all
11 candidates for other than statewide office whose names appear
12 on the ballot in the county and who did not receive written
13 notification from the supervisor or municipal election
14 elections official at the time of qualifying, stating the time
15 and location of the public preelection test of the automatic
16 tabulating equipment. At least one member of the canvassing
17 board shall convene, and each member of the canvassing board
18 shall certify to the accuracy of the test. For the test, the
19 canvassing board may designate one member to represent it. The
20 test shall be open to representatives of the political
21 parties, the press, and the public. Each political party may
22 designate one person with expertise in the computer field who
23 shall be allowed in the central counting room when all tests
24 are being conducted and when the official votes are being
25 counted. Such designee may shall not interfere with the normal
26 operation of the canvassing board.
27 (3) For electronic or electromechanical voting systems
28 configured to tabulate absentee ballots at a central or
29 regional site, the public testing shall be conducted by
30 processing a preaudited group of ballots so produced as to
31 record a predetermined number of valid votes for each
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1 candidate and on each issue measure and to include one or more
2 ballots for each office which contain overvotes have activated
3 voting positions in excess of the number allowed by law in
4 order to test the ability of the automatic tabulating
5 equipment to reject such votes. If any error is detected, the
6 cause therefor shall be corrected and an errorless count shall
7 be made before the automatic tabulating equipment is approved.
8 The test shall be repeated and errorless results achieved
9 immediately before the start of the official count of the
10 ballots and again after the completion of the official count.
11 The programs and ballots used for testing shall be sealed and
12 retained under the custody of the county canvassing board.
13 (4)(a)1. For electronic or electromechanical voting
14 systems configured to include electronic or electromechanical
15 tabulation devices that which are distributed to the
16 precincts, all or a sample of the devices to be used in the
17 election shall be publicly tested. If a sample is to be
18 tested, the sample shall consist of a random selection of at
19 least 5 percent or 10 of the devices, whichever is greater.
20 The test shall be conducted by processing a group of ballots,
21 causing the device to output results for the ballots
22 processed, and comparing the output of results to the results
23 expected for the ballots processed. The group of ballots
24 shall be produced so as to record a predetermined number of
25 valid votes for each candidate and on each issue measure and
26 to include for each office one or more ballots that contain
27 overvotes which have activated voting positions in excess of
28 the number allowed by law in order to test the ability of the
29 tabulating device to reject such votes.
30 2. If any tested tabulating device is found to have an
31 error in tabulation, it shall be deemed unsatisfactory. For
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1 each device deemed unsatisfactory, the canvassing board shall
2 take steps to determine the cause of the error, shall attempt
3 to identify and test other devices that could reasonably be
4 expected to have the same error, and shall test a number of
5 additional devices sufficient to determine that all devices
6 are satisfactory. Upon deeming any device unsatisfactory, the
7 canvassing board may require all devices to be tested or may
8 declare that all devices are unsatisfactory.
9 3. If the operation or output of any tested tabulation
10 device, such as spelling or the order of candidates on a
11 report, is in error, such problem shall be reported to the
12 canvassing board. The canvassing board shall then determine
13 if the reported problem warrants its deeming the device
14 unsatisfactory.
15 (b) At the completion of testing under this
16 subsection, the canvassing board or its representative, the
17 representatives of the political parties, and the candidates
18 or their representatives who attended the test shall witness
19 the resetting of each device that passed to a preelection
20 state of readiness and the sealing of each device that passed
21 in such a manner as to secure its state of readiness until the
22 opening of the polls.
23 (c) The canvassing board or its representative shall
24 execute a written statement setting forth the tabulation
25 devices tested, the results of the testing, the protective
26 counter numbers, if applicable, of each tabulation device, the
27 number of the seal securing each tabulation device at the
28 conclusion of testing, any problems reported to the board as a
29 result of the testing, and whether each device tested is
30 satisfactory or unsatisfactory.
31
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1 (d) Any tabulating device deemed unsatisfactory shall
2 be reprogrammed, repaired, or replaced and shall be made
3 available for retesting. Such device must be determined by the
4 canvassing board or its representative to be satisfactory
5 before it may be used in any election. The canvassing board or
6 its representative shall announce at the close of the first
7 testing the date, place, and time that any unsatisfactory
8 device will be retested or may, at the option of the board,
9 notify by telephone each person who was present at the first
10 testing as to the date, place, and time that the retesting
11 will occur.
12 (e) Records must be kept of all preelection testing of
13 electronic or electromechanical tabulation devices used in any
14 election. Such records are to be present and available for
15 inspection and reference during public preelection testing by
16 any person in attendance during such testing. The need of the
17 canvassing board for access to such records during the testing
18 shall take precedence over the need of other attendees to
19 access such records so that the work of the canvassing board
20 will not be delayed or hindered. Records of testing must
21 include, for each device, the name of each person who tested
22 the device and the date, place, time, and results of each
23 test. Records of testing shall be retained as part of the
24 official records of the election in which any device was used.
25 Section 101. Section 101.001, Florida Statutes, is
26 transferred, renumbered as section 101.0031, Florida Statutes,
27 and amended to read:
28 101.0031 101.001 Precincts and polling places;
29 boundaries.--
30 (1) The board of county commissioners in each county,
31 upon recommendation and approval of the supervisor, shall
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1 alter or create precincts for voting in the county. Each
2 precinct shall be numbered and, as nearly as practicable,
3 composed of contiguous and compact areas. The supervisor shall
4 designate a polling place at a suitable location within each
5 precinct. The precinct may shall not be changed thereafter
6 except with the consent of the supervisor and a majority of
7 the members of the board of county commissioners. The board of
8 county commissioners and the supervisor may have precinct
9 boundaries conform to municipal boundaries in accordance with
10 the provisions of s. 101.002, but, in any event, the
11 registration books shall be maintained in such a manner that
12 there may be determined therefrom the total number of electors
13 in each municipality.
14 (2) When in any election there are fewer than 25
15 registered voters electors of the only political party having
16 candidates on the ballot at any precinct, such precinct may be
17 combined with other adjoining precincts upon the
18 recommendation of the supervisor and the approval of the
19 county commissioners. Notice of the combination of precincts
20 shall be given in the same manner as provided in s. 101.004(2)
21 s. 101.71(2).
22 (3) Each supervisor of elections shall maintain a
23 suitable map or series of maps drawn to a scale no smaller
24 than 3 miles to the inch which and clearly delineates
25 delineating all major observable features such as roads,
26 streams, and railway lines and which shows showing the current
27 geographical boundaries of each precinct, representative
28 district, and senatorial district, and other type of election
29 district in the county subject to the elections process in
30 this code. The supervisor of elections shall notify the
31 division Secretary of State in writing within 30 days after of
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1 any reorganization of precincts and shall furnish a copy of
2 the map showing the current geographical boundaries and
3 designation of each new precinct.
4 (4) Within 10 days after there is any change in the
5 division, number, or boundaries of the precincts, or the
6 location of the polling places, the supervisor of elections
7 shall make in writing an accurate description of any new or
8 altered precincts, setting forth the boundary lines and shall
9 identify the location of each new or altered polling place. A
10 copy of the document describing such changes shall be posted
11 at the supervisor's office.
12 Section 102. Section 101.71, Florida Statutes, as
13 amended by section 25 of chapter 2001-40, Laws of Florida, is
14 transferred, renumbered as section 101.004, Florida Statutes,
15 and amended to read:
16 101.004 101.71 Polling place.--
17 (1) There shall be in each precinct in each county one
18 polling place that is which shall be accessible to the public
19 on election day and is managed by an election a board of
20 inspectors and clerk of election. Only one elector shall be
21 allowed to enter any voting booth at a time; no one except
22 inspectors shall be allowed to speak to the elector while
23 casting his or her vote; and no inspector shall speak to or
24 interfere with the elector concerning his or her voting,
25 except to perform the duties as such inspector.
26 Notwithstanding any other provision of this chapter, this
27 section shall be applicable where the computer method of
28 voting is in use, and adequate provision shall be made for the
29 privacy of the elector while casting his or her vote.
30 (2) Notwithstanding the provisions of subsection (1),
31 whenever the supervisor of elections of any county determines
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1 that the accommodations for holding any election at a polling
2 place designated for any precinct in the county are
3 unavailable or are inadequate to conduct the election for the
4 expeditious and efficient housing and handling of voting and
5 voting paraphernalia, the supervisor may provide, not less
6 than 30 days prior to the holding of the an election, move
7 that the voting place for such precinct shall be moved to
8 another site which shall be accessible to the public on
9 election day in said precinct or, if such is not available, to
10 another site which shall be accessible to the public on
11 election day in a contiguous precinct. If such action of the
12 supervisor results in the polling voting place for two or more
13 precincts being located for the purposes of an election in one
14 building, the polling voting places for the several precincts
15 involved shall be established and maintained separate from
16 each other in that said building. When any supervisor moves
17 any polling place is moved pursuant to this subsection, the
18 supervisor shall, not more than 30 days or fewer than 7 days
19 prior to the holding of the an election, give notice of the
20 change of the polling place for the precinct involved, with a
21 clear description of the newly designated polling voting place
22 to which changed, at least once in a newspaper of general
23 circulation in the area said county. A notice of the change of
24 the polling place involved shall be mailed, at least 14 days
25 prior to an election, to each voter registered elector or to
26 each household in which there is a voter registered elector.
27 (3) In cases of emergency and When time does not
28 permit compliance with subsection (2), the supervisor of
29 elections shall designate a new polling place, which shall be
30 accessible to the public on election day. The supervisor and
31 shall post cause a notice to be posted at the old polling
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1 place advising the voters electors of the location of the new
2 polling place.
3 (4) Each polling place shall be conspicuously
4 identified by a sign, on or near the premises of the polling
5 place, designating the polling place by precinct number. The
6 Such sign shall be large enough to be clearly visible from to
7 occupants of passing vehicular traffic on roadways contiguous
8 to the polling place, with letters no smaller than 3 inches
9 high, and shall be displayed at all times while the polls are
10 open on any election day.
11 (5) Public, tax-supported buildings shall be made
12 available for use as polling places upon the request of the
13 supervisor of elections.
14 Section 103. Section 101.715, Florida Statutes, is
15 transferred, renumbered as section 101.006, Florida Statutes,
16 and amended to read:
17 101.006 101.715 Accessibility of polling places to the
18 elderly and physically disabled handicapped.--
19 (1) Each polling place shall be accessible to, and
20 usable by, elderly persons and by physically handicapped
21 persons by complying, when necessary, with the following
22 standards of accessibility:
23 (a) Doors, entrances, and exits used to gain access
24 to, or egress from, the polling place shall have a minimum
25 width of 29 inches.
26 (b) Any curb adjacent to the main entrance to a
27 polling place shall have curb cuts or temporary ramps.
28 (c) Any stairs necessarily used to enter the polling
29 place shall have a temporary handrail and ramp.
30 (d) At the polling place, no barrier shall impede the
31 path of the physically handicapped to the voting booth.
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1 (2) Polling places which are of a temporary nature are
2 exempt from compliance with s. 255.21.
3 (1)(3) Each supervisor of elections shall only select
4 as polling places only, sites that which meet the standards of
5 accessibility prescribed in the Americans with Disabilities
6 Act Accessibility Guidelines, and any exceptions to
7 accessibility guidelines, as adopted under ss. 553.501-553.513
8 subsection (1), except that the supervisor may select a site
9 not meeting the standards if:
10 (a) No acceptable and accessible site exists within
11 the precinct or other designated voting area,; and
12 (b) it is anticipated that the site will be brought
13 into compliance with such standards in the foreseeable future,
14 or the site will be temporarily made to comply with the
15 standards for the time during which the polls are open; or.
16 (b) The site is of a temporary nature.
17 (2)(4) Any supervisor of elections who selects as a
18 polling place a site that which does not meet the standards
19 prescribed in subsection (1) shall report such selection to
20 the board of county commissioners. The report must shall
21 expressly state that the supervisor has determined that such
22 polling place can be made accessible to, and usable by,
23 elderly persons and by physically disabled handicapped persons
24 in the foreseeable future by affirmative governmental action.
25 (3)(5) Each board of county commissioners that which
26 receives a report from a supervisor pursuant to subsection (2)
27 (4) shall take affirmative action to bring the selected
28 polling place into compliance with the standards prescribed in
29 subsection (1).
30 (4)(6) Each district school board and each
31 municipality shall cooperate with the board of county
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1 commissioners in its respective county in implementing the
2 provisions of this section.
3 Section 104. Section 102.014, Florida Statutes, is
4 transferred, renumbered as section 101.022, Florida Statutes,
5 and amended to read:
6 101.022 102.014 Poll worker recruitment and
7 training.--
8 (1) The supervisor of elections shall conduct training
9 for inspectors, clerks, and deputy sheriffs prior to each
10 primary, general, and special election for the purpose of
11 instructing such persons in their duties and responsibilities
12 as election officials. A certificate may be issued by the
13 supervisor of elections to each person completing such
14 training. A No person may not shall serve as an inspector,
15 clerk, or deputy sheriff for an election unless such person
16 has completed the training as required. A clerk may not work
17 at the polls unless he or she demonstrates a working knowledge
18 of the laws and procedures relating to voter registration,
19 voting system operation, balloting and polling place
20 procedures, and problem-solving and conflict-resolution
21 skills.
22 (2) A person who has attended previous training
23 conducted within 2 years before the election may be appointed
24 by the supervisor to fill a vacancy on election day. If no
25 person with prior training is available to fill such vacancy,
26 the supervisor of elections may fill such vacancy in
27 accordance with the provisions of subsection (3) from among
28 persons who have not received the training required by this
29 section.
30 (3) In the case of absence or refusal to act on the
31 part of any inspector or clerk at any precinct on the day of
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1 an election, the supervisor shall appoint a replacement who
2 meets the qualifications prescribed in s. 101.025(2) s.
3 102.012(2). The inspector or clerk so appointed shall be a
4 member of the same political party as the clerk or inspector
5 whom he or she replaces.
6 (4) Each supervisor of elections shall be responsible
7 for training inspectors and clerks, subject to the following
8 minimum requirements:
9 (a) A No clerk may not shall be entitled to work at
10 the polls unless he or she has had a minimum of 6 hours of
11 training during a general election year, at least 2 hours of
12 which must occur after June 1 of that year.
13 (b) An No inspector may not shall work at the polls
14 unless he or she has had a minimum of 3 hours of training
15 during a general election year, at least 1 hour of which must
16 occur after June 1 of that year.
17 (5) The division Department of State shall create a
18 uniform polling place procedures manual and adopt the manual
19 by rule. Each supervisor of elections shall ensure that the
20 manual is available in hard copy or electronic form in every
21 precinct in the supervisor's jurisdiction on election day.
22 The manual shall guide inspectors, clerks, and deputy sheriffs
23 in the proper implementation of election procedures and laws.
24 The manual shall be indexed by subject, and written in plain,
25 clear, unambiguous language. The manual shall provide
26 specific examples of common problems encountered at the polls
27 on election day, and detail specific procedures for resolving
28 those problems. The manual shall include, without limitation:
29 (a) Regulations governing solicitation by individuals
30 and groups at the polling place;
31
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1 (b) Procedures to be followed with respect to voters
2 whose names are not on the precinct register;
3 (c) Proper operation of the voting system;
4 (d) Ballot handling procedures;
5 (e) Procedures governing spoiled ballots;
6 (f) Procedures to be followed after the polls close;
7 (g) Rights of voters at the polls;
8 (h) Procedures for handling emergency situations;
9 (i) Procedures for dealing with irate voters;
10 (j) The handling and processing of provisional
11 ballots; and
12 (k) Security procedures.
13
14 The division Department of State shall revise the manual as
15 necessary to address new procedures in law or problems
16 encountered by voters and poll workers at the precincts.
17 (6) Supervisors of elections shall work with the
18 business and local community to develop public-private
19 programs to ensure the recruitment of skilled inspectors and
20 clerks.
21 Section 105. Section 102.012, Florida Statutes, as
22 amended by section 27 of chapter 2001-40, Laws of Florida, is
23 transferred, renumbered as section 101.025, Florida Statutes,
24 and amended to read:
25 101.025 102.012 Election boards; appointment and
26 qualification; election materials Inspectors and clerks to
27 conduct elections.--
28 (1) The supervisor of elections of each county, At
29 least 20 days prior to the holding of any election, the
30 supervisor shall appoint one two election board boards for
31 each precinct in the county and; however, the supervisor of
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1 elections may, in any election, appoint additional one
2 election boards as board if the supervisor has reason to
3 believe that only one is necessary. The supervisor shall
4 determine the number of members of each election board for the
5 efficient operation of the precinct. Where two or more
6 precincts share a polling room, the supervisor may appoint one
7 election board for all precincts at that polling room. The
8 clerk shall be in charge of, and responsible for, seeing that
9 the election board carries out its duties and
10 responsibilities. Prior to the opening of the polls, each
11 member of the election board inspector and each clerk shall
12 take and subscribe to a written an oath or affirmation, which
13 shall be written or printed, to the effect that he or she will
14 perform the duties of inspector or clerk, as applicable of
15 election, respectively, according to law and without favor or
16 prejudice to any political party, and will endeavor to prevent
17 all fraud, deceit, or abuse in conducting the election. The
18 oath may be administered by any other member of the election
19 board and taken before an officer authorized to administer
20 oaths or before any of the persons who are to act as
21 inspectors, one of them to swear the others, and one of the
22 others sworn thus, in turn, to administer the oath to the one
23 who has not been sworn. The oaths shall be returned to the
24 supervisor with the election poll list and the returns of the
25 election to the supervisor. In all questions that may arise
26 before the members of an election board, the decision of a
27 majority of them shall decide the question. The supervisor is
28 of elections of each county shall be responsible for the
29 attendance of, and diligent performance of his or her duties
30 by, each clerk and inspector.
31
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1 (2) Each member of the election board shall be able to
2 read and write the English language and shall be a voter
3 registered qualified elector of the county in which the member
4 is appointed or a person who has preregistered to vote,
5 pursuant to s. 98.013(1)(b) s. 97.041(1)(b), in the county in
6 which the member is appointed. No election board shall be
7 composed solely of members of one political party; however, in
8 any primary in which only one party has candidates appearing
9 on the ballot, all members clerks and inspectors may be of
10 that party. Any person whose name appears as an opposed
11 candidate for any office shall not be eligible to serve on an
12 election board.
13 (3) The supervisor shall furnish the inspectors of
14 election board at for each precinct with the precinct register
15 registration books divided alphabetically as will best
16 facilitate the holding of an election. The supervisor shall
17 also furnish to the inspectors of election at the polling
18 place at each precinct with in the supervisor's county a
19 sufficient number of forms and blanks for use on election day.
20 (4)(a) The election board of each precinct shall
21 attend the polling place by 6 a.m. of the day of the election
22 and shall arrange the furniture, stationery, and voting
23 equipment.
24 (b) An election board shall conduct the voting,
25 beginning and closing at the time set forth in s. 100.011. If
26 more than one board has been appointed, the second board
27 shall, upon the closing of the polls, come on duty and count
28 the votes cast. In such case, the first board shall turn over
29 to the second board all closed ballot boxes, registration
30 books, and other records of the election at the time the
31 boards change. The second board shall continue counting until
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1 the count is complete or until 7 a.m. the next morning, and,
2 if the count is not completed at that time, the first board
3 that conducted the election shall again report for duty and
4 complete the count. The second board shall turn over to the
5 first board all ballots counted, all ballots not counted, and
6 all registration books and other records and shall advise the
7 first board as to what has transpired in tabulating the
8 results of the election.
9 (5) In precincts in which there are more than 1,000
10 registered electors, the supervisor of elections shall appoint
11 additional election boards necessary for the election.
12 (6) In any precinct in which there are fewer than 300
13 registered electors, it is not necessary to appoint two
14 election boards, but one such board will suffice. Such board
15 shall be composed of at least one inspector and one clerk.
16 Section 106. Section 102.021, Florida Statutes, is
17 transferred, renumbered as section 101.027, Florida Statutes,
18 and amended to read:
19 101.027 102.021 Compensation of inspectors, clerks,
20 and deputy sheriffs.--
21 (1) Each inspector, and each clerk, of any election
22 and each deputy sheriff serving at a precinct shall be paid
23 for such service his or her services by the supervisor of
24 elections, and each inspector who delivers the returns to the
25 county seat shall receive such sums as the supervisor of
26 elections shall determine.
27 (2) Inspectors and clerks of election and deputy
28 sheriffs serving at the precincts may receive compensation and
29 travel expenses, as provided in s. 112.061, for attending the
30 poll worker training required by s. 101.022 s. 102.014.
31
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1 Section 107. Section 100.011, Florida Statutes, is
2 transferred, renumbered as section 101.033, Florida Statutes,
3 and amended to read:
4 101.033 100.011 Opening and closing of polls, all
5 elections; expenses.--
6 (1) For all elections held in this state, including
7 municipal, school district, and other district elections, the
8 polls shall be open from at the voting places at 7:00 a.m., on
9 the day of the election, and shall be kept open until 7:00
10 p.m. on the day of the election., of the same day, and The
11 time shall be regulated by the customary time in standard use
12 in the county seat of the locality. The clerk inspectors shall
13 announce make public proclamation of the opening and closing
14 of the polls. During the election and canvass of the votes,
15 the ballot box shall not be concealed.
16 (2) The time of opening and closing of the polls shall
17 be observed in all elections held in this state, including
18 municipal and school elections.
19 (3) The expenses of holding all elections for county
20 and state offices necessarily incurred shall be paid out of
21 the treasury of the county or state, as the case may be, in
22 the same manner and by the same officers as in general
23 elections.
24 (4)(a) The provisions of any special law to the
25 contrary notwithstanding, the expenses of holding a special
26 district or community development district election, or the
27 district's proportionate share of regular election costs, as
28 the case may be, shall be paid out of the district's treasury
29 and in the same manner as in general elections. This
30 subsection applies to any district, whether created by or
31 pursuant to special or general law, which is a special
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1 district as defined in s. 200.001(8)(c) or a community
2 development district as defined in s. 190.003(6).
3 (b) The provisions of any special law to the contrary
4 notwithstanding, the supervisor of elections may impose an
5 interest penalty on any amount due and owing to him or her
6 from a special district or community development district if
7 payment is not made within 30 days from receipt of the bill or
8 within 10 working days of the required time authorized by
9 interlocal agreement. The rate of such interest shall be the
10 rate established pursuant to s. 55.03.
11 (c) The provisions of any special law to the contrary
12 notwithstanding, all independent and dependent special
13 district elections, with the exception of community
14 development district elections, shall be conducted in
15 accordance with the requirements of ss. 189.405 and 189.4051.
16 Section 108. Section 101.035, Florida Statutes, is
17 created to read:
18 101.035 Duties of election board; opening polls and
19 conducting elections; maintenance of order; closing polls;
20 tabulating results.--
21 (1) An election board at each precinct shall attend
22 the polling place by 6 a.m. of the day of the election to
23 prepare the polling place for voting and shall open the polls
24 at the time set forth in s. 101.033 and conduct the voting in
25 accordance with the provisions of this code.
26 (2)(a) Each election board is fully authorized to
27 maintain order at the polls and enforce obedience to its
28 lawful commands during an election and the canvass of the
29 votes.
30 (b) The sheriff shall deputize a deputy sheriff for
31 each polling place. The deputy sheriff shall be present during
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1 the time the polls are open and until the election is
2 completed, shall be subject to all lawful commands of the
3 clerk or any inspector, and shall maintain good order. The
4 deputy may summon assistance from bystanders when necessary to
5 maintain peace and order at the polls.
6 (3) The election board of each precinct shall cause
7 the voting devices to be put in order, set, adjusted, and made
8 ready for voting when delivered to the polling places. Before
9 the opening of the polls, the election board shall compare the
10 ballots or the ballot information used in the voting devices
11 with the sample ballots to ensure that the names, numbers, and
12 letters, if any, agree and shall certify thereto on forms
13 provided by the supervisor.
14 (4) A member of the election board shall periodically
15 examine the face of each voting device to determine whether
16 the device has been damaged or tampered with.
17 (5) The election board conducting the voting at each
18 precinct shall close the polls at the time set forth in s.
19 101.033 and shall then proceed to tabulate the vote and
20 proclaim the results as provided in the code. All ballot
21 boxes, ballots, and paper of all kinds used in the election
22 shall be sealed and immediately transmitted to the
23 supervisor's office. Precinct registers may not be placed in
24 the ballot boxes, but shall be returned with the other
25 materials.
26 Section 109. Section 102.031, Florida Statutes, is
27 transferred, renumbered as section 101.037, Florida Statutes,
28 and amended to read:
29 101.037 102.031 Maintenance of good order at polls;
30 authorities; persons allowed in polling rooms; unlawful
31 Solicitation at the polls of voters.--
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1 (1) Each election board shall possess full authority
2 to maintain order at the polls and enforce obedience to its
3 lawful commands during an election and the canvass of the
4 votes.
5 (2) The sheriff shall deputize a deputy sheriff for
6 each polling place who shall be present during the time the
7 polls are open and until the election is completed, who shall
8 be subject to all lawful commands of the clerk or inspectors,
9 and who shall maintain good order. The deputy may summon
10 assistance from among bystanders to aid him or her when
11 necessary to maintain peace and order at the polls.
12 (1)(3)(a) A No person may not, during voting hours,
13 enter any polling room or polling place where the polling
14 place is also a polling room unless he or she is, during
15 voting hours except the following:
16 (a)1. An official poll watcher watchers;
17 (b)2. A member of the election board Inspectors;
18 3. Election clerks;
19 (c)4. The supervisor of elections or a his or her
20 deputy supervisor;
21 (d)5. A person Persons there to vote, a person persons
22 in the care of a voter, or a person persons caring for a such
23 voter;
24 (e)6. A law enforcement officer officers or emergency
25 services service personnel there with permission of the clerk
26 or a majority of the inspectors; or
27 (f)7. A person, whether or not a registered voter, who
28 is assisting with or participating in a simulated election for
29 minors, as approved by the supervisor of elections.
30 (2)(b) The restriction in this section subsection does
31 not apply where the polling room is in an area commonly
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1 traversed by the public in order to gain access to businesses
2 or homes or in an area traditionally used utilized as a public
3 area for discussion.
4 (3)(c) A No person, political committee, committee of
5 continuous existence, or other group or organization may not
6 solicit voters within 50 feet of the entrance to any polling
7 place, or polling room where the polling place is also a
8 polling room, on the day of any election.
9 (a)1. Solicitation may shall not be restricted if:
10 1.a. Conducted from a separately marked area within
11 the 50-foot zone so as not to disturb, hinder, impede,
12 obstruct, or interfere with voter access to the polling place
13 or polling room entrance,; and
14 b. the solicitation activities and subject matter are
15 clearly and easily identifiable by the voters as an activity
16 in which they may voluntarily participate; or
17 2.c. Conducted on property within the 50-foot zone
18 which is a residence, established business, private property,
19 sidewalk, park, or property traditionally used utilized as a
20 public area for discussion.
21 (b)2. Solicitation is shall not be permitted within
22 the 50-foot zone on a public sidewalk or other similar means
23 of access to the polling room if it is clearly identifiable to
24 the members of the election board poll workers that the
25 solicitation is impeding, obstructing, or interfering with
26 voter access to the polling room or polling place.
27 (4)(d) For the purpose of this section subsection, the
28 term "solicit" includes shall include, but is not be limited
29 to, seeking or attempting to seek any vote, fact, opinion, or
30 contribution; distributing or attempting to distribute any
31 political or campaign material, leaflet, or handout;
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1 conducting a poll; seeking or attempting to seek a signature
2 on any petition; or and selling or attempting to sell any
3 item.
4 (5)(e) Each supervisor of elections shall inform the
5 clerk of each precinct of the area within which soliciting is
6 unlawful, based on the particular characteristics of that
7 polling place. The supervisor or the clerk may take any
8 reasonable action necessary to ensure order at the polling
9 place places which shall include:
10 (a)1. Designating a specific area for soliciting
11 pursuant to paragraph (c) of this subsection (3);, or
12 (b)2. Having disruptive and unruly persons removed by
13 law enforcement officers from the polling room or polling
14 place or from the 50-foot zone surrounding the polling place.
15 Section 110. Section 102.091, Florida Statutes, is
16 transferred, renumbered as section 101.039, Florida Statutes,
17 and amended to read:
18 101.039 102.091 Duty of sheriff to watch for
19 violations; appointment of special officers.--The sheriff
20 shall exercise strict vigilance in the detection of any
21 violations of the code election laws and in apprehending the
22 violators. The Governor may appoint special officers to
23 investigate alleged violations of the code election laws, when
24 it is deemed necessary to see that violators of the election
25 laws are apprehended and punished.
26 Section 111. Section 102.101, Florida Statutes, is
27 transferred, renumbered as section 101.043, Florida Statutes,
28 and amended to read:
29 101.043 102.101 Sheriff and other officers not allowed
30 in polling place.--A No sheriff, deputy sheriff, police
31 officer, or other officer of the law is not shall be allowed
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1 within the polling place without permission from the clerk or
2 a majority of the inspectors, except to vote cast his or her
3 ballot. Upon the failure of any of said officers to comply
4 with this provision, The clerk or an inspector the inspectors
5 or any one of them shall prepare make an affidavit for the
6 arrest of any against such officer violating this section for
7 his or her arrest.
8 Section 112. Section 101.131, Florida Statutes, is
9 transferred, renumbered as section 101.047, Florida Statutes,
10 and amended to read:
11 101.047 101.131 Poll watchers at polls.--
12 (1) Each political party and each candidate may have
13 one poll watcher in each polling room at any one time during
14 the election. A poll No watcher is not shall be permitted to
15 come closer to the officials' table or the voting booths than
16 is reasonably necessary to properly perform his or her
17 functions, but each shall be allowed within the polling room
18 to watch and observe the conduct of voters electors and
19 officials. Poll The watchers may shall furnish their own
20 materials and necessities and shall not obstruct the orderly
21 conduct of any election. Each poll watcher shall be a voter
22 qualified and registered elector of the county in which he or
23 she serves.
24 (2) Each political party and each candidate requesting
25 to have poll watchers shall designate, in writing, poll
26 watchers for each precinct prior to noon of the second Tuesday
27 preceding the election. The poll watchers for each precinct
28 shall be approved by the supervisor of elections on or before
29 the Tuesday before the election. The supervisor shall furnish
30 to each clerk precinct a list of the poll watchers designated
31 and approved for that clerk's such precinct.
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1 (3) A No candidate, or sheriff, deputy sheriff, police
2 officer, or other law enforcement officer may not be
3 designated as a poll watcher.
4 Section 113. Section 101.58, Florida Statutes, as
5 amended by section 23 of chapter 2001-40, Laws of Florida, is
6 transferred, renumbered as section 101.049, Florida Statutes,
7 and amended to read:
8 101.049 101.58 Supervising and observing registration
9 and election processes.--The division Department of State may,
10 at any time it deems necessary fit; upon the petition of 5
11 percent of the voters of the affected jurisdiction registered
12 electors; or upon the petition of any candidate, county
13 executive committee chair, state executive committee member
14 committeeman or committeewoman, or state executive committee
15 chair, appoint one or more observers deputies whose duties
16 shall be to watch observe and examine the registration and
17 election processes and the condition, custody, and operation
18 of the voting system systems and equipment in any county or
19 municipality. The observer deputy shall have access to all
20 registration books and records as well as any other records or
21 procedures relating to the voting process. A person may not
22 The deputy may supervise preparation of the voting equipment
23 and procedures for election, and it shall be unlawful for any
24 person to obstruct the observer deputy in the performance of
25 his or her duties duty. The observer deputy shall file with
26 the division Department of State a report of his or her
27 findings and observations of the registration and election
28 processes in the county or municipality, and a copy of the
29 report shall also be filed with the clerk of the circuit court
30 of the said county. The compensation of observers such
31 deputies shall be set fixed by the division. Department of
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1 State; and Costs incurred under this section shall be paid
2 from the annual operating appropriation made to the division
3 Department of State.
4 Section 114. Section 101.24, Florida Statutes, as
5 amended by section 9 of chapter 2001-40, Laws of Florida, is
6 transferred, renumbered as section 101.053, Florida Statutes,
7 and amended to read:
8 101.053 101.24 Ballot boxes and ballots.--Where
9 applicable, the supervisor of elections shall prepare for each
10 polling place one or more ballot boxes box of sufficient size
11 to contain all the ballots of each the particular precinct.
12 Each, and the ballot box shall be plainly marked with the name
13 of the precinct for which it is intended. An additional ballot
14 box, if necessary, may be supplied to any precinct. Before
15 each election, the supervisor shall place in the ballot box or
16 ballot transfer container as many ballots as are required in
17 s. 101.21. After securely sealing the ballot box or ballot
18 transfer container, the supervisor shall send the ballot box
19 or ballot transfer container to the election board clerk or
20 inspector of election of the precinct in which it is to be
21 used. During the election and canvass of the votes, the ballot
22 box may not be concealed. The clerk or inspector shall be
23 placed under oath or affirmation to perform his or her duties
24 faithfully and without favor or prejudice to any political
25 party.
26 Section 115. Section 101.72, Florida Statutes, is
27 transferred, renumbered as section 101.055, Florida Statutes,
28 and amended to read:
29 101.055 101.72 Booths.--
30 (1) In any county in which voting booths or
31 compartments are used, The supervisor of elections shall
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1 provide at least one voting booth or compartment for each 125
2 voters registered electors in the county. The supervisor of
3 elections shall determine the actual number of booths or
4 compartments to be used in each precinct at each election. In
5 determining the number of booths or compartments to be used in
6 each precinct, the supervisor shall take into consideration
7 the traditional voting patterns of such precinct and shall
8 furnish the number of booths or compartments necessary to
9 efficiently handle efficiently the number of anticipated
10 voters electors in the precinct. Each booth or compartment
11 shall be furnished with a shelf or table for the convenience
12 of electors in preparing their ballots and shall be so
13 arranged so that it is will be impossible for a voter one
14 elector in one compartment to see a voter an elector in
15 another in the act of marking his or her ballot. Each booth
16 voting table or shelf shall be kept supplied with conveniences
17 for marking the ballots, if necessary.
18 (2) If a county utilizes a voting system which does
19 not require the use of a voting booth or compartment as an
20 integral part of voting, the minimum number of booths or
21 compartments need not be provided.
22 Section 116. Section 101.041, Florida Statutes, is
23 transferred, renumbered as section 101.057, Florida Statutes,
24 and amended to read:
25 101.057 101.041 Secret voting.--In all elections,
26 including municipal elections held on any subject which may be
27 submitted to a vote, and for all or any state, county,
28 district, or municipal officers, the voting shall be by
29 secret, official ballot printed and distributed as provided by
30 this code, and no vote shall be received or counted in any
31 election, except as prescribed by this code.
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1 Section 117. Section 101.045, Florida Statutes, is
2 transferred, renumbered as section 101.059, Florida Statutes,
3 and amended to read:
4 101.059 101.045 Where voters may vote Electors must be
5 registered in precinct; provisions for residence or name
6 change.--
7 (1)(a) A voter may not No person shall be permitted to
8 vote in any election precinct or district other than the one
9 in which the voter person has his or her legal residence and
10 in which the person is registered.
11 (b) A voter who has a permanent address within a
12 municipality may vote in all elections of that municipality,
13 the provisions of any special act or local charter
14 notwithstanding.
15 (c) A voter who does not have a permanent address in
16 the county, but who intends to remain a voter of the county,
17 shall be assigned to the precinct in which the office of the
18 supervisor is located. Such voter may not vote in any
19 municipal election.
20 (2) A voter who changes his or her legal residence to
21 another county in this state from the county in which he or
22 she is registered as a voter after registration is closed for
23 any general, primary, or special election may vote absentee in
24 the county of his or her former residence in that election for
25 President, Vice President, United States Senator, statewide
26 offices, and statewide issues. Such voter may not vote in the
27 county of his or her former legal residence after the general
28 election.
29 (3) A person registered to vote in this state who
30 moves to another state and is prohibited by the laws of that
31 state from voting for the offices of President and Vice
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1 President of the United States may vote absentee in the county
2 of his or her former legal residence for those offices.
3 However, a person temporarily residing outside the county
4 shall be registered in the precinct in which the main office
5 of the supervisor, as designated by the supervisor, is located
6 when the person has no permanent address in the county and it
7 is the person's intention to remain a resident of Florida and
8 of the county in which he or she is registered to vote. Such
9 persons who are registered in the precinct in which the main
10 office of the supervisor, as designated by the supervisor, is
11 located and who are residing outside the county with no
12 permanent address in the county shall not be registered
13 electors of a municipality and therefore shall not be
14 permitted to vote in any municipal election.
15 (2)(a) An elector who moves from the precinct within
16 the county in which the elector is registered may be permitted
17 to vote in the precinct to which he or she has moved his or
18 her legal residence, provided such elector completes an
19 affirmation in substantially the following form:
20
21 Change of Legal Residence of Registered
22 Voter
23
24 Under penalties for false swearing, I, ...(Name of voter)...,
25 swear (or affirm) that the former address of my legal
26 residence was ...(Address of legal residence)... in the
27 municipality of ...., in .... County, Florida, and I was
28 registered to vote in the .... precinct of .... County,
29 Florida; that I have not voted in the precinct of my former
30 registration in this election; that I now reside at
31 ...(Address of legal residence)... in the Municipality of
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1 ...., in .... County, Florida, and am therefore eligible to
2 vote in the .... precinct of .... County, Florida; and I
3 further swear (or affirm) that I am otherwise legally
4 registered and entitled to vote.
5
6 ...(Signature of voter whose address of legal residence has
7 changed)...
8
9 (b) An elector whose name changes because of marriage
10 or other legal process may be permitted to vote, provided such
11 elector completes an affirmation in substantially the
12 following form:
13
14 Change of Name of Registered
15 Voter
16
17 Under penalties for false swearing, I, ...(New name of
18 voter)..., swear (or affirm) that my name has been changed
19 because of marriage or other legal process. My former name and
20 address of legal residence appear on the registration books of
21 precinct .... as follows:
22 ..............................................................
23 Address.......................................................
24 Municipality..................................................
25 County........................................................
26 Florida, Zip..................................................
27 My present name and address of legal residence are as follows:
28 Name..........................................................
29 Address.......................................................
30 Municipality..................................................
31 County........................................................
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1 Florida, Zip..................................................
2 and I further swear (or affirm) that I am otherwise legally
3 registered and entitled to vote.
4
5 ...(Signature of voter whose name has changed)...
6
7 (c) Such affirmation, when completed and presented at
8 the precinct in which such elector is entitled to vote, and
9 upon verification of the elector's registration, shall entitle
10 such elector to vote as provided in this subsection. If the
11 elector's eligibility to vote cannot be determined, he or she
12 shall be entitled to vote a provisional ballot, subject to the
13 requirements and procedures in s. 101.048. Upon receipt of an
14 affirmation certifying a change in address of legal residence
15 or name, the supervisor shall as soon as practicable make the
16 necessary changes in the registration records of the county to
17 indicate the change in address of legal residence or name of
18 such elector.
19 (d) Instead of the affirmation contained in paragraph
20 (a) or paragraph (b), an elector may complete a voter
21 registration application that indicates the change of name or
22 change of address of legal residence.
23 (e) A request for an absentee ballot pursuant to s.
24 101.62 which indicates that the elector has had a change of
25 address of legal residence from that in the supervisor's
26 records shall be sufficient as the notice to the supervisor of
27 change of address of legal residence required by this section.
28 Upon receipt of such request for an absentee ballot from an
29 elector who has changed his or her address of legal residence,
30 the supervisor shall provide the elector with the proper
31
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1 ballot for the precinct in which the elector then has his or
2 her legal residence.
3 (3) When an elector's name does not appear on the
4 registration books of the election precinct in which the
5 elector is registered, the elector may have his or her name
6 restored if the supervisor is otherwise satisfied that the
7 elector is validly registered, that the elector's name has
8 been erroneously omitted from the books, and that the elector
9 is entitled to have his or her name restored. The supervisor,
10 if he or she is satisfied as to the elector's previous
11 registration, shall allow such person to vote and shall
12 thereafter issue a duplicate registration identification card.
13 Section 118. Section 101.657, Florida Statutes, is
14 transferred, renumbered as section 101.062, Florida Statutes,
15 and amended to read:
16 101.062 101.657 Early voting absentee ballots in
17 person.--
18 (1) Notwithstanding s. 101.059, any voter qualified
19 and registered elector may pick up and vote a an absentee
20 ballot, when available, in person at the office of, and under
21 the supervision of, the supervisor of elections. Before
22 receiving the ballot, the voter elector must present a Florida
23 driver's license, a Florida identification card issued under
24 s. 322.051, or another form of picture identification approved
25 by the division Department of State. If the voter elector
26 fails to furnish the required identification, or if the
27 supervisor is in doubt as to the identity of the voter
28 elector, the supervisor must follow the procedure prescribed
29 in s. 101.103 s. 101.49.
30 (2) As an alternative to the provisions of ss. 101.64
31 and 101.65, the supervisor of elections may allow an elector
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1 to cast an absentee ballot in the main or branch office of the
2 supervisor by depositing the voted ballot in a voting device
3 used by the supervisor to collect or tabulate ballots. The
4 results or tabulation may not be made before the close of the
5 polls on election day.
6 (1)(a) The voter elector must provide picture
7 identification and must complete an In-Office Voter
8 Certificate in substantially the following form:
9
10 IN-OFFICE VOTER CERTIFICATE
11
12 I, ...., am a qualified elector in this election and
13 registered voter of .... County, Florida. I do solemnly swear
14 or affirm that I am the person so listed on the voter
15 registration records rolls of .... County and that I reside at
16 the listed address. I understand that if I commit or attempt
17 to commit fraud in connection with voting, vote a fraudulent
18 ballot, or vote more than once in an election I could be
19 convicted of a felony of the third degree and both fined up to
20 $5,000 and imprisoned for up to 5 years. I understand that my
21 failure to sign this certificate and have my signature
22 witnessed invalidates my ballot.
23
24
25 ...(Voter's Signature)...
26
27 ...(Address)...
28
29 ...(City/State)...
30
31 ...(Name of Witness)...
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1
2 ...(Signature of Witness)...
3
4 ...(Type of identification provided)...
5
6 (2)(b) Any voter elector may challenge any other voter
7 an elector seeking to cast an early absentee ballot under the
8 provisions of s. 101.111. Any challenged ballot must be placed
9 and sealed in a provisional regular absentee ballot envelope,
10 and the oaths required pursuant to s. 101.111 shall be affixed
11 to the outside of the envelope. The canvassing board shall
12 review the ballot and decide the validity of the ballot by
13 majority vote.
14 (3)(c) The canvass of returns for ballots cast under
15 this subsection shall be substantially the same as votes cast
16 by voters electors in precincts, as provided in s. 102.135 s.
17 101.5614. The results or tabulation of early voted ballots may
18 not be made before the close of the polls on election day.
19 Section 119. Section 101.063, Florida Statutes, is
20 created to read:
21 101.063 Change of residence or name at polls.--
22 (1) A voter who moves from one precinct to another in
23 the county in which the voter is registered may be permitted
24 to vote in the precinct to which he or she has moved his or
25 her legal residence, provided the voter completes an
26 affirmation in substantially the following form:
27
28 Change of Legal Residence of Voter
29
30 Under penalties for false swearing, I,...(Name of voter)...,
31 swear (or affirm) that my former address of legal residence
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1 was...(Address of legal residence)...in the City of...,
2 in...County, Florida, and I am registered to vote
3 in....County, Florida; that I have not voted in the precinct
4 of my former registration in this election; that I now reside
5 at...(Address of legal residence)...in the City of....,
6 in....County, Florida, and am therefore eligible to vote in
7 the....precinct of....County, Florida and I further swear (or
8 affirm) that I am otherwise legally registered and entitled to
9 vote.
10
11 ...(Signature of voter whose address of legal residence has
12 changed)...
13
14 (2) A voter whose name changes because of marriage or
15 other legal process may be permitted to vote, provided that
16 such voter completes an affirmation in substantially the
17 following form:
18
19 Change of Name of Voter
20
21 Under penalties for false swearing, I,...(New name of
22 voter)..., swear (or affirm) that my name has been changed
23 because of marriage or other legal process. My former name and
24 address of legal residence appear on the registration list of
25 precinct....as follows:
26
27 Name
28 Address
29 City
30 County
31 Florida, Zip
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1 My present name and address of legal residence are as follows:
2 Name
3 Address
4 City
5 County
6 Florida, Zip
7
8 And I further swear (or affirm) that I am otherwise legally
9 registered and entitled to vote.
10
11 ...(Signature of voter whose name has changed)...
12 (3) An affirmation required under this section, when
13 completed and presented at the precinct in which the voter is
14 entitled to vote, entitles the voter to vote as provided in
15 this section. If a voter's eligibility to vote cannot be
16 determined, he or she is entitled to vote a provisional
17 ballot, subject to the requirements and procedures in s.
18 101.083. Upon receipt of an affirmation certifying a change in
19 address of legal residence or name, the supervisor shall as
20 soon as practicable make the necessary changes in the
21 registration records of the county to indicate the change in
22 address of legal residence or name of the voter.
23 (4) Instead of the affirmation contained in subsection
24 (1) or subsection (2), a voter may complete a voter
25 registration application that indicates the change of name or
26 change of legal residence.
27 Section 120. Section 101.075, Florida Statutes, is
28 created to read:
29 101.075 Precinct registers.--
30 (1) A computer printout shall be used at the polls as
31 a precinct register. The precinct register shall contain the
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1 date of the election, the precinct number, and the following
2 information concerning each voter of that precinct: last name,
3 first name, and middle name or initial; political party
4 affiliation; residence address; registration number; date of
5 birth; gender; and race or ethnicity, if that information is
6 known to the supervisor; whether the voter needs assistance in
7 voting; and such other information as to readily identify the
8 voter. The precinct register shall also contain a space for
9 the voter's signature and a space for the initials of the
10 witnessing clerk or inspector.
11 (2) The precinct register shall be available for
12 inspection during regular voting hours by poll watchers,
13 except that the inspector may regulate access to the precinct
14 register to ensure that such inspection does not interfere
15 with the orderly operation of the polling place.
16 Section 121. Section 101.079, Florida Statutes, is
17 created to read:
18 101.079 Signature verification upon entering polling
19 place.--
20 (1) When a person appears at the polling place to
21 vote, the clerk or inspector shall require the voter to
22 present a Florida driver's license, a Florida identification
23 card issued under s. 322.051, or other form of picture
24 identification approved by the division. A member of the
25 election board shall check the precinct register to determine
26 if the person is registered to vote in that precinct.
27 (a) If the person's name appears on the precinct
28 register, the clerk or inspector shall require that voter to
29 sign his or her name on the space provided on the precinct
30 register. The clerk or inspector shall then compare that
31 signature to the signature of the identification provided by
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1 the voter. If satisfied as to the identity of the voter, the
2 clerk or inspector shall enter his or her initials on the
3 space provided on the precinct register next to the voter's
4 signature and allow the voter to proceed to vote.
5 (b)1. If the person's name does not appear on the
6 precinct register, the person may have his or her name
7 restored if the supervisor is otherwise satisfied that the
8 person is validly registered, that the person's name has been
9 erroneously omitted from the precinct register, and that the
10 person is entitled to have his or her name restored. If
11 satisfied as to the person's previous registration, the
12 supervisor shall allow the voter to vote.
13 2. If the voter's name is not in the precinct register
14 and his or her eligibility to vote cannot be determined, the
15 voter is entitled to vote a provisional ballot pursuant to s.
16 101.083.
17 (2) If the person fails to furnish the required
18 identification, or if the clerk or inspector is in doubt as to
19 the identity of the voter, the clerk or inspector shall follow
20 the procedure prescribed in s. 101.103.
21 (3) The inspector shall prevent any person from voting
22 a second time when the inspector has reason to believe that
23 the person has voted.
24 Section 122. Section 101.048, Florida Statutes, is
25 transferred, renumbered as section 101.083, Florida Statutes,
26 and amended to read:
27 101.083 101.048 Provisional ballots.--
28 (1) At all elections, a voter claiming to be properly
29 registered in the county and eligible to vote at the precinct
30 in the election, but whose eligibility cannot be determined,
31 shall be entitled to vote a provisional ballot. Once voted,
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1 the provisional ballot shall be placed in a secrecy envelope
2 and thereafter sealed in a provisional ballot envelope. The
3 provisional ballot shall be deposited in a ballot box. All
4 provisional ballots shall remain sealed in their envelopes for
5 return to the supervisor of elections.
6 (2)(a) The county canvassing board shall examine each
7 provisional ballot to determine if the person voting that
8 ballot was entitled to vote at the precinct in the election
9 and that the person had not already cast a ballot in the
10 election.
11 (b)1. If it is determined that the person was
12 registered and entitled to vote at the precinct in the
13 election, the canvassing board shall compare the signature on
14 the provisional ballot envelope with the signature on the
15 voter's registration and, if it matches, shall count the
16 ballot.
17 2. If it is determined that the person voting the
18 provisional ballot was not registered or entitled to vote at
19 the precinct in the election, the provisional ballot may shall
20 not be counted and the ballot shall remain in the envelope
21 containing the Provisional Ballot Voter's Certificate and the
22 envelope marked "Rejected as Illegal."
23 (3) The Provisional Ballot Voter's Certificate shall
24 be in substantially the following form:
25
26 STATE OF FLORIDA
27 COUNTY OF ....
28
29 I do solemnly swear (or affirm) that my name is ....;
30 that my date of birth is ....; that I am registered to vote
31 and at the time I registered I resided at ...., in the
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1 municipality of ...., in .... County, Florida; that I am a
2 qualified voter of the county and have not voted in this
3 election.
4 ...(Signature of Voter)...
5 ...(Current Address)...
6
7 Sworn to and subscribed before me this .... day of ........,
8 ...(year)....
9 ...(Clerk or Inspector of Election)...
10
11 Additional information may be provided to further assist the
12 supervisor of elections in determining eligibility. If known,
13 please provide the place and date that you registered to vote.
14
15 (4) In counties where the voting system does not use
16 utilize a paper ballot, the supervisor of elections shall
17 provide the appropriate provisional ballots to each polling
18 place.
19 Section 123. Section 101.49, Florida Statutes, as
20 amended by section 14 of chapter 2001-40, Laws of Florida, is
21 transferred, renumbered as section 101.103, Florida Statutes,
22 and amended to read:
23 101.103 101.49 Procedure of election officers where
24 signatures differ.--
25 (1) Whenever any clerk or inspector reasonably, upon a
26 just comparison of the signatures, doubts that the identity of
27 a voter signature of any elector who presents himself or
28 herself at the polls to vote is the same as the signature of
29 the elector affixed in the registration book, the clerk or
30 inspector shall deliver to the person an affidavit which shall
31 be in substantially the following form:
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1
2 STATE OF FLORIDA,
3 COUNTY OF .....
4 I do solemnly swear (or affirm) that my name is ....;
5 that I am .... years old; that I was born in the State of
6 ....; that I am registered to vote, and at the time I
7 registered I resided on .... Street, in the municipality of
8 ...., County of ...., State of Florida; that I am a qualified
9 voter of the county and state aforesaid and have not voted in
10 this election.
11 ...(Signature of voter)...
12 Sworn to and subscribed before me this .... day of
13 ...., A. D. ...(year)....
14 ...(Clerk or inspector of election)...
15 Precinct No. .....
16 County of .....
17
18 (2) The person shall fill out, in his or her own
19 handwriting or with assistance from a member of the election
20 board, the form and make an affidavit to the facts stated in
21 the filled-in form; such affidavit shall then be sworn to and
22 subscribed before one of the inspectors or clerks of the
23 election who is authorized to administer the oath. Whenever
24 the affidavit is made and filed with the clerk or inspector,
25 the person shall then be admitted to cast his or her vote, but
26 if the person fails or refuses to make out or file such
27 affidavit, then he or she shall not be permitted to vote.
28 Section 124. Section 101.111, Florida Statutes, is
29 amended to read:
30
31
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1 101.111 Person desiring to vote may be challenged;
2 challenger to execute oath; oath of person challenged elector;
3 determination of challenge.--
4 (1) When the right to vote of any person who desires
5 to vote is challenged questioned by any voter elector or poll
6 watcher, the challenge shall be made in reduced to writing
7 with an oath as provided in this section and, giving reasons
8 for the challenge, which shall be delivered to the clerk or
9 inspector. Any elector or authorized poll watcher challenging
10 an elector at an election shall execute the oath set forth
11 below:
12
13 OATH OF PERSON ENTERING CHALLENGE
14
15 State of Florida
16 County of ....
17
18 I,...(print name)..., do solemnly swear or affirm that I am
19 registered to vote in .... County, Florida; that my date of
20 birth is ....; my name is ....; that I am a member of the ....
21 party; that I am .... years old; that I was born in the state
22 of.... or the country of ....; that my address of legal
23 residence is on .... street, in the municipality of ....; and
24 that I have reason to believe that .... is attempting to vote
25 illegally and the reasons for my belief are as follows set
26 forth herein to wit: .........................................
27 ..............................................................
28 ..............................................................
29 ...(Signature of person challenging voter)...
30
31
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1 Sworn and subscribed to before me this .... day of ....,
2 ...(year)....
3 ...(Clerk of election)...
4
5 (2) Before a person who is challenged elector is
6 permitted to vote by any officer or person in charge of
7 admission to the polling place, the challenged person's
8 elector's right to vote shall be determined in accordance with
9 the provisions of subsection (3). The clerk or inspector
10 shall immediately deliver to the person challenged elector a
11 copy of the oath of the person entering the challenge and
12 shall request that the person challenged elector to execute
13 the following oath affidavit:
14
15 OATH OF PERSON CHALLENGED VOTER
16
17 State of Florida
18 County of ....
19
20 I,...(print name)... do solemnly swear or affirm that I am
21 registered to vote in precinct .... of .... County, Florida,
22 and that I am not entitled to vote in any other precinct for
23 this election; my name is ....; that I am a member of the ....
24 party; that my date of birth is I am .... years old; that I
25 was born in the state of .... or the country of ....; and that
26 my address of legal residence is on .... street, in the
27 municipality of ...., in this the .... precinct of ....
28 county; that I personally made application for registration
29 and signed my name and that I am a qualified voter, and I am
30 not registered to vote in any other precinct other than the
31 one in which I am presently seeking to vote.
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1 ...(Signature of person challenged voter)...
2
3 Sworn and subscribed to before me this .... day of ....,
4 ...(year)....
5 ...(Clerk of election or Inspector)...
6
7 Any inspector or clerk of election may administer the oath.
8 (3)(a) If the person challenged person refuses to
9 execute make and sign the oath affidavit, the clerk may not or
10 inspector shall refuse to allow that person him or her to
11 vote. If the such person challenged executes makes the oath
12 affidavit, all members of the the inspectors and clerk of
13 election board shall examine compare the information and
14 signature to verify the accuracy of the information and the
15 authenticity of the signature. After that examination in the
16 affidavit with that entered on the registration books opposite
17 the person's name, and, upon such comparison of the
18 information and the person's signature and the taking of other
19 evidence that which may then be offered, the board clerk and
20 inspectors shall decide by a majority vote whether the
21 challenged person challenged may vote.
22 (b) If the challenged person challenged is unable to
23 fill out the oath write or sign his or her name, the clerk or
24 an inspector shall examine the precinct register to ascertain
25 whether the person registered under the name of such person is
26 represented to have signed his or her name. If the person is
27 so represented, then he or she shall be denied permission to
28 vote without further examination; but, if not, then the clerk
29 or one of the inspectors shall place such person under oath
30 and orally examine him or her upon the subject matter
31 contained in the oath. affidavit, and, If there is any doubt
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1 as to the identity of such person, the clerk or inspector
2 shall compare the person's appearance with the description
3 entered upon the precinct register opposite the person's name.
4 The clerk or inspector shall then proceed as in other cases to
5 determine whether the challenged person may vote.
6 Section 125. Section 101.051, Florida Statutes, is
7 transferred, renumbered as section 101.113, Florida Statutes,
8 and amended to read:
9 101.113 101.051 Voters Electors seeking assistance in
10 casting ballots; oath to be executed; forms to be furnished.--
11 (1) A voter Any elector applying to vote in any
12 election who is eligible for requires assistance in voting to
13 vote by reason of blindness, disability, or inability to read
14 or write may request the assistance of two members of the
15 election board officials or some other person of the voter's
16 choosing to assist him or her in voting. Such person may not
17 be the voter's elector's own choice, other than the elector's
18 employer, an agent of the voter's employer, or an officer or
19 agent of the voter's his or her union, to assist the elector
20 in casting his or her vote. Any such elector, Before entering
21 retiring to the voting booth, the voter may have one person of
22 such persons read over to him or her, without suggestion or
23 interference, the titles of the offices to be filled, and the
24 candidates for those offices, therefor and the issues on the
25 ballot. After requesting assistance, the voter and those
26 assisting the voter elector requests the aid of the two
27 election officials or the person of the elector's choice, they
28 shall proceed retire to the voting booth for the purpose of
29 marking casting the ballot elector's vote according to the
30 voter's elector's choice.
31
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1 (2) It is unlawful for any person to be in the voting
2 booth with the voter any elector except as provided in
3 subsection (1).
4 (3) Any person assisting a voter may not request,
5 suggest, or seek to persuade or induce the voter to vote for
6 or against any particular candidate or proposal.
7 (4)(3) A voter casting a Any elector applying to cast
8 an absentee ballot in the office of the supervisor, in any
9 election, who requires assistance to vote by reason of
10 blindness, disability, or inability to read or write may
11 request the assistance of some person of his or her choosing.
12 Such person may not be own choice, other than the voter's
13 elector's employer, an agent of the voter's employer, or an
14 officer or agent of the voter's his or her union, in casting
15 his or her absentee ballot.
16 (5)(4) In order to receive If an elector needs
17 assistance in voting pursuant to the provisions of this
18 section, the voter must clerk or one of the inspectors shall
19 require the elector requesting assistance in voting to take
20 the following oath:
21
22 DECLARATION TO SECURE ASSISTANCE
23
24 State of Florida
25 County of ....
26 Date ....
27 Precinct ....
28 I, ...(Print name)..., swear or affirm that I am a
29 voter registered elector and request assistance from ...(Print
30 names)... in voting at the ...(name of election)... held on
31 ...(date of election)... for the following reason.............
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1 ..............................................................
2 ..............................................................
3 ...(Signature of voter)...
4
5 Sworn and subscribed to before me this .... day of ....,
6 ...(year)....
7 ...(Signature of Official Administering Oath)...
8
9 (6) If a voter is unable to execute the declaration
10 because of his or her disability or inability to read or
11 write, the official administering the oath shall do so orally,
12 if possible, and complete the declaration and note those facts
13 on the declaration.
14 (5) The supervisor of elections shall deliver a
15 sufficient number of these forms to each precinct, along with
16 other election paraphernalia.
17 Section 126. Section 101.031, Florida Statutes, is
18 transferred, renumbered as section 101.115, Florida Statutes,
19 and amended to read:
20 101.115 101.031 The Voter's Bill of Rights and
21 Responsibilities Instructions for electors.--
22 (1)(a) The division shall provide to the supervisor at
23 least two sets of the Voter's Bill of Rights and
24 Responsibilities for each precinct, which shall be displayed
25 at each polling place on election day.
26 (1) The Department of State, or in case of municipal
27 elections the governing body of the municipality, shall print,
28 in large type on cards, instructions for the electors to use
29 in voting. It shall provide not less than two cards for each
30 voting precinct for each election and furnish such cards to
31 each supervisor upon requisition. Each supervisor of
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1 elections shall send a sufficient number of these cards to the
2 precincts prior to an election. The election inspectors shall
3 display the cards in the polling places as information for
4 electors. The cards shall contain information about how to
5 vote and such other information as the Department of State may
6 deem necessary. The cards must also include the list of rights
7 and responsibilities afforded to Florida voters, as described
8 in subsection (2).
9 (b)(2) The supervisor of elections in each county
10 shall have posted at each polling place in the county The
11 Voter's Bill of Rights and Responsibilities shall be in the
12 following form:
13
14 VOTER'S BILL OF RIGHTS
15
16 Each registered voter in this state has the right to:
17 1. Vote and have his or her vote accurately counted.
18 2. Cast a vote if he or she is in line when the polls
19 are closing.
20 3. Ask for and receive assistance in voting.
21 4. Receive up to two replacement ballots if he or she
22 makes a mistake prior to the ballot being cast.
23 5. An explanation if his or her registration is in
24 question.
25 6. If his or her registration is in question, cast a
26 provisional ballot.
27 7. Prove his or her identity by signing an affidavit
28 if election officials doubt the voter's identity.
29 8. Written instructions to use when voting, and, upon
30 request, oral instructions in voting from elections officers.
31
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1 9. Vote free from coercion or intimidation by
2 elections officers or any other person.
3 10. Vote on a voting system that is in working
4 condition and that will allow votes to be accurately cast.
5
6 VOTER RESPONSIBILITIES
7
8 Each registered voter in this state has the
9 responsibility to:
10 1. Study and know candidates and issues.
11 2. Keep his or her voter address current.
12 3. Know his or her precinct and its hours of
13 operation.
14 4. Bring proper identification to the polling station.
15 5. Know how to operate voting equipment properly.
16 6. Treat precinct workers with courtesy.
17 7. Respect the privacy of other voters.
18 8. Report problems or violations of election law.
19 9. Ask questions when confused.
20 10. Check his or her completed ballot for accuracy.
21 (2)(3) Nothing in This section does not shall give
22 rise to a legal cause of action.
23 (4) In case any elector, after entering the voting
24 booth, shall ask for further instructions concerning the
25 manner of voting, two election officers who are not both
26 members of the same political party, if present, or, if not,
27 two election officers who are members of the same political
28 party, shall give such instructions to such elector, but no
29 officer or person assisting an elector shall in any manner
30 request, suggest, or seek to persuade or induce any elector to
31 vote for or against any particular ticket, candidate,
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1 amendment, question, or proposition. After giving the elector
2 instructions and before the elector has voted, the officers or
3 persons assisting the elector shall retire, and such elector
4 shall vote in secret.
5 Section 127. Section 101.5611, Florida Statutes, is
6 transferred, renumbered as section 101.118, Florida Statutes,
7 and amended to read:
8 101.118 101.5611 Instructions for voters to
9 electors.--
10 (1) The division shall provide the supervisor with at
11 least two sets of general voting instructions for each
12 precinct. Both sets of instructions shall be displayed at each
13 polling place on election day. For the instruction of voters
14 on election day, the supervisor of elections shall provide at
15 each polling place one instruction model illustrating the
16 manner of voting with the system. Each such instruction model
17 shall show the arrangement of party rows, office columns, and
18 questions to be voted on. Such model shall be located at a
19 place which voters must pass to reach the official voting
20 booth.
21 (2) Before entering the voting booth each voter shall
22 be offered instruction in voting by use of the instruction
23 model, and the voter shall be given ample opportunity to
24 operate the model by himself or herself. In instructing
25 voters, no precinct official may show partiality to any
26 political party or candidate.
27 (2)(3) The supervisor of elections shall have posted
28 at each polling place a notice that reads: "A person who
29 commits or attempts to commit any fraud in connection with
30 voting, votes a fraudulent ballot, or votes more than once in
31
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1 an election can be convicted of a felony of the third degree
2 and fined up to $5,000 and/or imprisoned for up to 5 years."
3 (3) Before entering the voting booth, each voter shall
4 be offered instruction in the proper use of the voting system
5 and the manner of casting ballots.
6 (4) If a voter, after entering the voting booth, asks
7 for further instruction with respect to the manner of voting,
8 two members of the election board who are not members of the
9 same political party, if possible, shall give such instruction
10 to the voter. A member of the election board instructing a
11 voter may not suggest, or seek to persuade or induce, the
12 voter to vote for or against any particular candidate or
13 issue. After giving the voter instruction and before the voter
14 has voted, the members of the election board shall leave the
15 voting booth.
16 Section 128. Section 101.51, Florida Statutes, is
17 amended to read:
18 101.51 Voters Electors to occupy booth alone; time
19 allowed.--
20 (1) When a person the elector presents himself or
21 herself to vote, a member of the election board official shall
22 ascertain whether the person's elector's name is in upon the
23 precinct register of electors, and, if so, he or she shall be
24 allowed the elector's name appears and no challenge
25 interposes, or, if interposed, be not sustained, one of the
26 election officials stationed at the entrance shall announce
27 the name of the elector and permit him or her to enter the
28 booth or compartment to cast his or her vote, allowing only
29 one elector at a time to pass through to vote, unless the
30 person's right to vote is successfully challenged. Only one
31 voter at a time shall occupy a voting booth. A voter may not
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1 allow another person in the booth, except to receive
2 assistance as provided in s. 101.113. No elector, while
3 casting his or her ballot, shall occupy a booth or compartment
4 longer than 5 minutes or be allowed to occupy a booth or
5 compartment already occupied or to speak with anyone, except
6 as provided by s. 101.051, while in the polling place.
7 (2) A voter may not occupy a booth longer than 5
8 minutes. If a voter an elector requires longer than 5 minutes,
9 he or she, then upon offering a sufficient reason, he or she
10 may be granted a longer period of time by the election board
11 officials in charge. After casting his or her vote, the
12 elector shall at once leave the polling room by the exit
13 opening and shall not be permitted to reenter on any pretext
14 whatever. After the voter elector has voted, or declined or
15 failed to vote within 5 minutes or by the end of any
16 authorized extension of that period, he or she shall
17 immediately leave withdraw from the polling place and may not
18 reenter it for any reason. If the voter elector refuses to
19 leave after the time allowed lapse of 5 minutes, he or she
20 shall be removed by the election officials.
21 Section 129. Section 101.5608, Florida Statutes, is
22 transferred, renumbered as section 101.557, Florida Statutes,
23 and amended to read:
24 101.557 101.5608 Spoiled ballots Voting by electronic
25 or electromechanical method; procedures.--
26 (1) Each elector desiring to vote shall be identified
27 to the clerk or inspector of the election as a duly qualified
28 elector of such election and shall sign his or her name in ink
29 or indelible pencil to an identification blank, signature
30 slip, precinct register, or ballot stub on which the ballot
31 serial number may be recorded. The inspector shall compare
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1 the signature with the signature on the identification
2 provided by the elector. If the inspector is reasonably sure
3 that the person is entitled to vote, the inspector shall
4 provide the person with a ballot.
5 (2) When an electronic or electromechanical voting
6 system utilizes a ballot card or paper ballot, the following
7 procedures shall be followed:
8 (a) After receiving a ballot from an inspector, the
9 elector shall, without leaving the polling place, retire to a
10 booth or compartment and mark the ballot. After preparing his
11 or her ballot, the elector shall place the ballot in a secrecy
12 envelope with the stub exposed or shall fold over that portion
13 on which write-in votes may be cast, as instructed, so that
14 the ballot will be deposited in the ballot box without
15 exposing the voter's choices. Before the ballot is deposited
16 in the ballot box, the inspector shall detach the exposed stub
17 and place it in a separate envelope for audit purposes; when a
18 fold-over ballot is used, the entire ballot shall be placed in
19 the ballot box.
20 (b) For voting systems using paper ballots, any voter
21 who spoils his or her ballot or makes an error may return the
22 ballot to the election official and secure another ballot,
23 except that in no case shall a voter be furnished more than
24 three ballots. If the vote tabulation device has rejected a
25 ballot, the ballot shall be considered spoiled and a new
26 ballot shall be provided to the voter unless the voter chooses
27 to cast the rejected ballot. The election official, without
28 examining the original ballot, shall state the possible
29 reasons for the rejection and direct the voter to the
30 instructions instruction model provided at the precinct
31 pursuant to s. 101.118 s. 101.5611. A spoiled ballot shall be
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1 preserved, without examination, in an envelope provided for
2 that purpose. The stub shall be removed from the ballot and
3 placed in an envelope.
4 (c) The supervisor of elections shall prepare for each
5 polling place at least one ballot box to contain the ballots
6 of a particular precinct, and each ballot box shall be plainly
7 marked with the name of the precinct for which it is intended.
8 (3) The Department of State shall promulgate rules
9 regarding voting procedures to be used when an electronic or
10 electromechanical voting system is of a type which does not
11 utilize a ballot card or paper ballot.
12 (4) In any election in which a write-in candidate has
13 qualified for office, the supervisor of elections shall
14 provide for write-in voting pursuant to rules adopted by the
15 Division of Elections.
16 Section 130. Section 101.6101, Florida Statutes, is
17 reenacted to read:
18 101.6101 Short title.--Sections 101.6101-101.6107 may
19 be cited as the "Mail Ballot Election Act."
20 Section 131. Section 101.6102, Florida Statutes, is
21 amended to read:
22 101.6102 Mail ballot elections; limitations.--
23 (1)(a) An election may be conducted by mail ballot if:
24 1. The election is a referendum election at which all
25 or a portion of the voters qualified electors of one of the
26 following subdivisions of government are the only voters
27 electors eligible to vote:
28 a. Counties;
29 b. Cities;
30 c. School districts covering no more than one county;
31 or
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1 d. Special districts;
2 2. The governing body responsible for calling the
3 election and the supervisor of elections responsible for the
4 conduct of the election authorize the use of mail ballots for
5 the election; and
6 3. The division Secretary of State approves a written
7 plan for the conduct of the election, submitted by the
8 supervisor, which shall include a written timetable for the
9 conduct of the election, submitted by the supervisor of
10 elections.
11 (b) In addition, An annexation referendum that which
12 includes only voters qualified electors of one county may also
13 be voted on by mail ballot election. If a mail ballot election
14 is authorized for a municipal annexation referendum, the
15 provisions of ss. 101.6101-101.6107 shall control over any
16 conflicting provisions of s. 171.0413.
17 (2) The following elections may not be conducted by
18 mail ballot:
19 (a) An election at which any candidate is nominated,
20 elected, retained, or recalled; or
21 (b) An election held on the same date as another
22 election, other than a mail ballot election, in which the
23 voters qualified electors of that political subdivision are
24 eligible to cast ballots.
25 (3) The supervisor is of elections shall be
26 responsible for the conduct of any election held under ss.
27 101.6101-101.6107.
28 (4) The county canvassing board is responsible for
29 canvassing the votes of all mail ballot elections.
30
31
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1 (5)(4) The costs of a mail ballot election shall be
2 borne by the jurisdiction initiating the calling of the
3 election, unless otherwise provided by law.
4 (5) Nothing in this section shall be construed to
5 prohibit the use of a mail ballot election in a municipal
6 annexation referendum requiring separate vote of the
7 registered electors of the annexing municipality and of the
8 area proposed to be annexed. If a mail ballot election is
9 authorized for a municipal annexation referendum, the
10 provisions of ss. 101.6101-101.6107 shall control over any
11 conflicting provisions of s. 171.0413.
12 Section 132. Section 101.6103, Florida Statutes, is
13 amended to read:
14 101.6103 Mail ballot election procedure.--
15 (1) Except as otherwise provided in subsection (7)
16 (6), the supervisor of elections shall mail all official
17 ballots with a secrecy envelope, a return mailing envelope,
18 and instructions sufficient to describe the voting process to
19 each voter elector entitled to vote in the election not sooner
20 than the 20th day before the election and not later than the
21 10th day before the date of the election. All such ballots
22 shall be mailed by first-class mail. Ballots shall be
23 addressed to each voter elector at the address appearing in
24 the registration records and placed in an envelope which is
25 prominently marked "Do Not Forward."
26 (2) Upon receipt of the ballot, the voter elector
27 shall mark the ballot, place it in the secrecy envelope, sign
28 the return mailing envelope supplied with the ballot, and
29 comply with the instructions provided with the ballot. The
30 voter elector shall mail, deliver, or have delivered the
31 marked ballot so that it reaches the supervisor of elections
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1 no later than 7 p.m. on the day of the election. The ballot
2 must be returned in the return mailing envelope.
3 (3) The return mailing envelope shall contain a
4 statement in substantially the following form:
5
6 VOTER'S CERTIFICATE
7
8 I, ...(Print Name)..., do solemnly swear (or affirm)
9 that I am a qualified voter in this election and that I have
10 not and will not vote more than one ballot in this election.
11 I understand that failure to sign this certificate and
12 give my residence address will invalidate my ballot.
13 ...(Signature)...
14 ...(Residence Address)...
15
16 (4) If the ballot is destroyed, spoiled, lost, or not
17 received by the voter elector, the voter elector may obtain a
18 replacement ballot from the supervisor of elections as
19 provided in this subsection. A voter An elector seeking a
20 replacement ballot shall sign a sworn statement that the
21 ballot was destroyed, spoiled, lost, or not received and
22 present such statement to the supervisor of elections prior to
23 7 p.m. on the day of the election. The supervisor of
24 elections shall keep a record of each replacement ballot
25 provided under this subsection.
26 (5) A ballot shall be counted only if:
27 (a) It is returned in the return mailing envelope;
28 (b) The voter's elector's signature has been verified
29 as provided in this subsection (6); and
30 (c) It is received by the supervisor of elections not
31 later than 7 p.m. on the day of the election.
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1 (6) The supervisor of elections shall verify the
2 signature of each voter elector on the return mailing envelope
3 with the signature on the voter's elector's registration
4 records. Such verification may commence at any time prior to
5 the canvass of votes. The supervisor of elections shall
6 safely keep the ballot unopened in the supervisor's his or her
7 office until the county canvassing board canvasses the vote.
8 If the supervisor of elections determines that a voter an
9 elector to whom a replacement ballot has been issued under
10 subsection (4) has voted more than once, the canvassing board
11 shall determine which ballot, if any, is to be counted.
12 (7)(6) With respect to absentee voters absent electors
13 overseas and other absentee voters entitled to vote in the
14 election, the supervisor of elections shall mail a an official
15 ballot with a secrecy envelope, a return mailing envelope, and
16 instructions sufficient to describe the voting process to each
17 such voter elector on a date sufficient to allow the voter
18 such elector time to vote in the election and to have his or
19 her marked ballot reach the supervisor by 7 p.m. on the day of
20 the election.
21 Section 133. Section 101.6104, Florida Statutes, is
22 amended to read:
23 101.6104 Challenge of votes.--If any voter elector
24 present for the canvass of votes believes that any ballot is
25 illegal due to any defect apparent on the voter's certificate,
26 the voter elector may, at any time before the ballot is
27 removed from the envelope, file with the canvassing board a
28 protest against the canvass of such ballot, specifying the
29 reason he or she believes the ballot to be illegal. A No
30 challenge based upon any defect on the voter's certificate may
31
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1 not shall be accepted after the ballot has been removed from
2 the return mailing envelope.
3 Section 134. Section 101.6105, Florida Statutes, is
4 amended to read:
5 101.6105 Absentee voting.--The provisions of the
6 election code relating to absentee voting and absentee ballots
7 shall apply to elections under ss. 101.6101-101.6107 only
8 insofar as they do not conflict with the provisions of ss.
9 101.6101-101.6107.
10 Section 135. Section 101.6106, Florida Statutes, is
11 reenacted to read:
12 101.6106 Application of other election laws.--All laws
13 that are applicable to general elections are applicable to
14 mail ballot elections to the extent applicable.
15 Section 136. Section 101.6107, Florida Statutes, is
16 amended to read:
17 101.6107 Division Department of State to adopt
18 rules.--The division Department of State shall adopt rules
19 governing the procedures and forms necessary to implement ss.
20 101.6101-101.6107.
21 Section 137. Section 101.62, Florida Statutes, is
22 amended to read:
23 101.62 Request for absentee ballots.--
24 (1)(a) The supervisor may accept a request for an
25 absentee ballot from a voter an elector in person or in
26 writing. One request is shall be deemed sufficient to receive
27 an absentee ballot for all elections that which are held
28 within a calendar year, unless the voter elector or the
29 voter's elector's designee indicates at the time the request
30 is made the elections for which the voter elector desires to
31 receive an absentee ballot. Such request may be considered
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1 canceled when any first-class mail sent by the supervisor to
2 the voter elector is returned as undeliverable.
3 (b) The supervisor may accept a written or telephonic
4 request for an absentee ballot from the voter elector, or, if
5 directly instructed by the voter elector, a member of the
6 voter's elector's immediate family, or the voter's elector's
7 legal guardian. For purposes of this section, the term
8 "immediate family" has the same meaning as specified in
9 paragraph (3)(d) (4)(b). The person making the request must
10 disclose:
11 1. The name of the voter elector for whom the ballot
12 is requested;
13 2. The voter's elector's address;
14 3. The voter's elector's date of birth;
15 4. The requester's name;
16 5. The requester's address;
17 6. The requester's driver's license number, if
18 available;
19 7. The requester's relationship to the voter elector;
20 and
21 8. The requester's signature (written requests only).
22 (2) If a request for an absentee ballot is received
23 after the Friday before the election by the supervisor of
24 elections from an absent elector overseas, the supervisor
25 shall send a notice to the elector acknowledging receipt of
26 his or her request and notifying the elector that the ballot
27 will not be forwarded due to insufficient time for return of
28 the ballot by the required deadline.
29 (2)(3) For each request for an absentee ballot
30 received, the supervisor shall record the date the request was
31 made, the date the absentee ballot was delivered or mailed,
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1 the date the ballot was received by the supervisor, and such
2 other information the supervisor considers he or she may deem
3 necessary. This information is shall be confidential and
4 exempt from the provisions of s. 119.07(1) and shall be made
5 available to or reproduced only for a canvassing board, an
6 election official, a political party or official thereof, a
7 candidate who has filed qualification papers and is opposed in
8 an upcoming election, and registered political committees or
9 registered committees of continuous existence, for political
10 purposes only.
11 (4)(a) To each absent qualified elector overseas who
12 has requested an absentee ballot, the supervisor of elections
13 shall, not fewer than 35 days before the first primary
14 election, mail an absentee ballot. Not fewer than 45 days
15 before the second primary and general election, the supervisor
16 of elections shall mail an advance absentee ballot to those
17 persons requesting ballots for such elections. The advance
18 absentee ballot for the second primary shall be the same as
19 the first primary absentee ballot as to the names of
20 candidates, except that for any offices where there are only
21 two candidates, those offices and all political party
22 executive committee offices shall be omitted. Except as
23 provided in s. 99.063(4), the advance absentee ballot for the
24 general election shall be as specified in s. 101.151, except
25 that in the case of candidates of political parties where
26 nominations were not made in the first primary, the names of
27 the candidates placing first and second in the first primary
28 election shall be printed on the advance absentee ballot. The
29 advance absentee ballot or advance absentee ballot information
30 booklet shall be of a different color for each election and
31 also a different color from the absentee ballots for the first
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1 primary, second primary, and general election. The supervisor
2 shall mail an advance absentee ballot for the second primary
3 and general election to each qualified absent elector for whom
4 a request is received until the absentee ballots are printed.
5 The supervisor shall enclose with the advance second primary
6 absentee ballot and advance general election absentee ballot
7 an explanation stating that the absentee ballot for the
8 election will be mailed as soon as it is printed; and, if both
9 the advance absentee ballot and the absentee ballot for the
10 election are returned in time to be counted, only the absentee
11 ballot will be counted. The Department of State may prescribe
12 by rule the requirements for preparing and mailing absentee
13 ballots to absent qualified electors overseas.
14 (3)(b) As soon as the remainder of the absentee
15 ballots are printed, the supervisor shall provide an absentee
16 ballot by one of the following means to each voter who has
17 requested an absentee elector by whom a request for that
18 ballot has been made by one of the following means:
19 (a)1. By nonforwardable, return-if-undeliverable mail
20 to the voter's elector's current mailing address on file with
21 the supervisor, unless the voter elector specifies in the
22 request that:
23 1.a. The voter elector is absent from the county and
24 does not plan to return before the day of the election;
25 2.b. The voter elector is temporarily unable to occupy
26 the residence because of hurricane, tornado, flood, fire, or
27 other emergency or natural disaster; or
28 3.c. The voter elector is in a hospital,
29 assisted-living facility, nursing home, short-term medical or
30 rehabilitation facility, or correctional facility,
31
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1 in which case the supervisor shall mail the ballot by
2 nonforwardable, return-if-undeliverable mail to any other
3 address the voter elector specifies in the request.
4 (b)2. By forwardable mail to a voter voters who is are
5 entitled to vote by absentee ballot under the Uniformed and
6 Overseas Citizens Voting Act.
7 (c)3. By personal delivery to the voter elector, upon
8 presentation of the identification required in s. 101.062 s.
9 101.657.
10 (d)4. By delivery to a designee on election day or up
11 to 4 days prior to the day of an election. Any voter elector
12 may designate in writing a person to pick up the ballot for
13 the voter elector; however, the person designated may not pick
14 up more than two absentee ballots per election, other than the
15 designee's own ballot, except that additional ballots may be
16 picked up for members of the designee's immediate family. For
17 purposes of this section, the term "immediate family" means
18 the designee's spouse or the parent, child, grandparent, or
19 sibling of the designee or of the designee's spouse. The
20 designee shall provide to the supervisor the written
21 authorization by the voter elector and a picture
22 identification of the designee and must complete an affidavit.
23 The designee shall state in the affidavit that the designee is
24 authorized by the voter elector to pick up that ballot and
25 shall indicate if the voter elector is a member of the
26 designee's immediate family and, if so, the relationship. The
27 division department shall prescribe the form of the affidavit.
28 If the supervisor is satisfied that the designee is authorized
29 to pick up the ballot and that the signature of the voter
30 elector on the written authorization matches the signature of
31
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1 the voter elector on file, the supervisor shall give the
2 ballot to that designee for delivery to the voter elector.
3 (5) In the event that the Elections Canvassing
4 Commission is unable to certify the results of an election for
5 a state office in time to comply with subsection (4), the
6 Department of State is authorized to prescribe rules for a
7 ballot to be sent to absent electors overseas.
8 (4)(6) Nothing other than the materials necessary to
9 vote absentee shall be mailed or delivered with any absentee
10 ballot.
11 Section 138. Section 101.64, Florida Statutes, is
12 amended to read:
13 101.64 Delivery of absentee ballots; envelopes;
14 form.--
15 (1) The supervisor shall enclose with each absentee
16 ballot two envelopes: a secrecy envelope, into which the
17 absentee voter absent elector shall enclose his or her marked
18 ballot; and a mailing envelope, into which the absentee voter
19 absent elector shall then place the secrecy envelope, which
20 shall be addressed to the supervisor and also bear on the back
21 side a certificate in substantially the following form:
22
23 Note: Please Read Instructions Carefully Before
24 Marking Ballot and Completing Voter's Certificate.
25
26 VOTER'S CERTIFICATE
27 I, ...., do solemnly swear or affirm that I am a
28 qualified and registered voter of .... County, Florida, and
29 that I have not and will not vote more than one ballot in this
30 election. I understand that if I commit or attempt to commit
31 any fraud in connection with voting, vote a fraudulent ballot,
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1 or vote more than once in an election, I can be convicted of a
2 felony of the third degree and fined up to $5,000 and/or
3 imprisoned for up to 5 years. I also understand that failure
4 to sign this certificate and have my signature properly
5 witnessed will invalidate my ballot.
6
7 ...(Date)... ...(Voter's Signature)...
8
9 Note: Your Signature Must Be Witnessed By One Witness 18 Years
10 of Age or Older as provided in item 8 of the Instruction
11 Sheet.
12
13 I swear or affirm that the voter signed this Voter's
14 Certificate in my presence.
15
16 ...(Signature of Witness)...
17
18 ...(Address)...
19 ...(City/State)...
20
21 (2) The certificate shall be arranged on the back of
22 the mailing envelope so that the lines for the signatures of
23 the absentee voter absent elector and the attesting witness
24 are across the seal of the envelope; however, no statement
25 shall appear on the envelope which indicates that a signature
26 of the voter or witness must cross the seal of the envelope.
27 The absentee voter absent elector and the attesting witness
28 shall execute the certificate on the envelope.
29 Section 139. Section 101.65, Florida Statutes, is
30 amended to read:
31
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1 101.65 Instructions to absentee voters absent
2 electors.--The supervisor shall enclose with each absentee
3 ballot separate printed instructions in substantially the
4 following form:
5
6 READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
7 1. VERY IMPORTANT. In order to ensure that your
8 absentee ballot will be counted, it should be completed and
9 returned as soon as possible so that it can reach the
10 supervisor of elections of the county in which your precinct
11 is located no later than 7 p.m. on the day of the election.
12 2. Mark your ballot in secret as instructed on the
13 ballot. You must mark your own ballot unless you are unable to
14 do so because of blindness, disability, or inability to read
15 or write.
16 3. Place your marked ballot in the enclosed secrecy
17 envelope.
18 4. Insert the secrecy envelope into the enclosed
19 mailing envelope which is addressed to the supervisor.
20 5. Seal the mailing envelope and completely fill out
21 the Voter's Certificate on the back of the mailing envelope.
22 6. VERY IMPORTANT. In order for your absentee ballot
23 to be counted, you must sign your name on the line above
24 (Voter's Signature).
25 7. VERY IMPORTANT. If you are an overseas voter, you
26 must include the date you signed the Voter's Certificate on
27 the line above (Date) or your ballot may not be counted.
28 8. VERY IMPORTANT. In order for your absentee ballot
29 to be counted, it must include the signature and address of a
30 witness 18 years of age or older affixed to the Voter's
31 Certificate. No candidate may serve as an attesting witness.
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1 9. Mail, deliver, or have delivered the completed
2 mailing envelope. Be sure there is sufficient postage if
3 mailed.
4 10. FELONY NOTICE. It is a felony under Florida law to
5 accept any gift, payment, or gratuity in exchange for your
6 vote for a candidate. It is also a felony under Florida law to
7 vote in an election using a false identity or false address,
8 to vote more than once in an election, or to vote under any
9 other circumstances making your ballot false or fraudulent.
10 Section 140. Section 101.655, Florida Statutes, is
11 amended to read:
12 101.655 Supervised voting by absentee voters absent
13 electors in certain facilities.--
14 (1) The supervisor of elections of a county shall
15 provide supervised voting for absentee voters absent electors
16 residing in any assisted living facility, as defined in s.
17 400.402, or nursing home facility, as defined in s. 400.021,
18 within that county at the request of any administrator of such
19 a facility. Such request for supervised voting in the facility
20 shall be made by submitting a written request to the
21 supervisor of elections no later than 21 days prior to the
22 election for which that request is submitted. The request
23 shall specify the name and address of the facility and the
24 names name of the voters electors who wish to vote absentee in
25 that election. If the request contains the names of fewer
26 than five voters, the supervisor of elections is not required
27 to provide supervised voting.
28 (2) The supervisor of elections may, in the absence of
29 a request from the administrator of a facility, provide for
30 supervised voting in the facility for those persons who have
31 requested absentee ballots. The supervisor of elections shall
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1 notify the administrator of the facility that supervised
2 voting will occur.
3 (3) The supervisor of elections shall, in cooperation
4 with the administrator of the facility, select a date and time
5 when the supervised voting will occur.
6 (4) The supervisor of elections shall designate
7 supervised voting teams to provide the services prescribed by
8 this section. Each supervised voting team shall include at
9 least two persons. Each supervised voting team must include
10 representatives of more than one political party; however, in
11 any primary election to nominate party nominees in which only
12 one major political party has candidates appearing on the
13 ballot, all supervised voting team members may be of that
14 political party. A No candidate may not provide supervised
15 voting services.
16 (5) The supervised voting team shall deliver the
17 ballots to the respective absentee voters absent electors, and
18 each member of the team shall jointly supervise the voting of
19 the ballots. If any voter elector requests assistance in
20 voting, the oath prescribed in s. 101.113 s. 101.051 shall be
21 completed and the voter elector may receive the assistance of
22 two members of the supervised voting team or some other person
23 of the voter's choosing elector's choice to assist the voter
24 elector in casting the elector's ballot.
25 (6) Before providing assistance, the supervised voting
26 team shall disclose to the voter elector that the ballot may
27 be retained to vote at a later time and that the voter elector
28 has the right to seek assistance in voting from some other
29 person of the voter's choosing elector's choice without the
30 presence of the supervised voting team.
31
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1 (7) If any voter elector declines to vote a ballot or
2 is unable to vote a ballot, the supervised voting team shall
3 mark the ballot "refused to vote" or "unable to vote."
4 (8) After the ballots have been voted or marked in
5 accordance with the provisions of this section, the supervised
6 voting team shall deliver the ballots to the supervisor of
7 elections, who shall retain them pursuant to s. 101.725 s.
8 101.67.
9 Section 141. Section 101.661, Florida Statutes, is
10 amended to read:
11 101.661 Voting absentee ballots.--All voters electors
12 must personally mark or designate their choices on the
13 absentee ballot, except:
14 (1) Voters Electors who require assistance to vote
15 because of blindness, disability, or inability to read or
16 write. Such voter, who may have some person of the voter's
17 choosing elector's choice, other than the voter's elector's
18 employer, an agent of the voter's employer, or an officer or
19 agent of the voter's elector's union, mark the voter's
20 elector's choices or assist the voter elector in marking his
21 or her choices on the ballot.
22 (2) As otherwise provided in s. 101.113 s. 101.051 or
23 s. 101.655.
24 Section 142. Section 101.665, Florida Statutes, is
25 transferred, renumbered as section 101.6931, Florida Statutes,
26 and amended to read:
27 101.6931 101.665 Administration of oaths; military
28 personnel, federal employees, and other absentee
29 registrants.--For the purposes of this code, oaths may be
30 administered and attested by any commissioned officer in the
31 active service of the Armed Forces, any member of the Merchant
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1 Marine of the United States designated for this purpose by the
2 Secretary of Commerce, any civilian official empowered by
3 state or federal law to administer oaths, any supervisor of
4 elections, deputy supervisor of elections, or employee of the
5 supervisor at the supervisor's express direction of elections
6 when designated by the supervisor of elections, or any
7 civilian employee designated by the head of any department or
8 agency of the United States, except when this code requires an
9 oath to be administered and attested by another official
10 specifically named.
11 Section 143. Section 101.694, Florida Statutes, is
12 amended to read:
13 101.694 Mailing of ballots after upon receipt of
14 federal postcard application.--
15 (1) After Upon receipt of a federal postcard
16 application for an absentee ballot executed by a person whose
17 registration is in order or whose application is sufficient to
18 register or update the registration of that person, the
19 supervisor shall mail to the applicant a ballot, when if the
20 ballots are available for mailing.
21 (2) After Upon receipt of a federal postcard
22 application for an absentee ballot executed by a person whose
23 registration is not in order and whose application is
24 insufficient to register or update the registration of that
25 person, the supervisor shall follow the procedure set forth in
26 s. 98.039 s. 97.073.
27 (3) There shall be printed across the face of Each
28 envelope in which a ballot is sent to a federal postcard
29 applicant, or is returned by such applicant to the supervisor,
30 shall have two parallel horizontal red bars, each one-quarter
31 inch wide, extending from one side of the envelope to the
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1 other side, with an intervening space of one-quarter inch, the
2 top bar to be 1 1/4 inches from the top of the envelope, and
3 with the words "Official Election Balloting Material-via Air
4 Mail," or similar language, between the bars. There shall be
5 printed in the upper right corner of each such envelope, in a
6 box, the words "Free of U. S. Postage, including Air Mail."
7 All other specifications shall printing on the face of each
8 envelope shall be in red, and there shall be printed in red in
9 the upper left corner of each ballot envelope an appropriate
10 inscription or blanks for return address of sender.
11 Additional specifications may be prescribed by rule of the
12 division of Elections upon recommendation of the presidential
13 designee under the Uniformed and Overseas Citizens Absentee
14 Voting Act. Otherwise, the envelopes shall be the same as
15 those used in sending ballots to, or receiving them from,
16 other absentee voters.
17 (4) Cognizance shall be taken of the fact that
18 absentee ballots and other materials such as instructions and
19 envelopes are to be carried via air mail, and, to the maximum
20 extent possible, such ballots and materials shall be reduced
21 in size and weight of paper. The same ballot shall be used,
22 however, as is used by other absentee voters.
23 Section 144. Section 100.025, Florida Statutes, is
24 transferred, renumbered as section 101.6945, Florida Statutes,
25 and amended to read:
26 101.6945 100.025 Voters Citizens residing overseas;
27 notice of elections.--A voter citizen of this state who is
28 residing overseas may notify the supervisor of elections in
29 the county where he or she is registered of his or her
30 overseas address and e-mail address, if available.; and,
31 thereafter, The supervisor shall notify such voter at each
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1 address provided citizen at least 90 days prior to each
2 regular primary and general election elections and when
3 possible prior to any special election so that such voter
4 citizen may follow the procedures for absentee voting provided
5 by law.
6 Section 145. Section 101.6951, Florida Statutes, is
7 amended to read:
8 101.6951 State write-in ballot.--
9 (1) An overseas voter may request, not earlier than
10 180 days before a general election, a state write-in absentee
11 ballot from the supervisor of elections in the county of
12 registration. In order to receive a state write-in ballot, the
13 voter shall state that due to military or other contingencies
14 that preclude normal mail delivery, the voter cannot vote an
15 absentee ballot during the normal absentee voting period.
16 State write-in absentee ballots shall be made available to
17 voters 90 to 180 days prior to a general election. The
18 division Department of State shall prescribe by rule the form
19 of the state write-in ballot.
20 (2) In completing the ballot, the overseas voter may
21 designate his or her choice by writing in the name of the
22 candidate or by writing in the name of a political party, in
23 which case the ballot must be counted for the candidate of
24 that political party, if there is such a party candidate on
25 the ballot.
26 (3) Any abbreviation, misspelling, or other minor
27 variation in the form of the name of a candidate or a
28 political party must be disregarded in determining the
29 validity of the ballot if there is a clear indication on the
30 ballot that the voter has made a definite choice.
31
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1 (4) The state write-in ballot shall contain all
2 offices, federal, state, and local, for which the voter would
3 otherwise be entitled to vote.
4 Section 146. Section 101.6952, Florida Statutes, is
5 amended to read:
6 101.6952 Absentee ballots for overseas voters.--
7 (1)(a) At least 35 days before the first primary
8 election, the supervisor must mail an absentee ballot to each
9 overseas voter who has made a proper request for an absentee
10 ballot. At least 45 days before the second primary and general
11 election, the supervisor must mail an advance absentee ballot
12 to such persons requesting absentee ballots for those
13 elections.
14 1. The advance absentee ballot for the second primary
15 shall be the same as the first primary absentee ballot as to
16 the names of candidates, except that for any offices where
17 there are only two candidates, those offices and all major
18 political party executive committee offices shall be omitted.
19 2. The advance absentee ballot for the general
20 election shall be the same as the regular general election
21 ballot, except as provided in s. 99.063(4) and, except where
22 major political party nominations were not made in the first
23 primary, the names of the candidates placing first and second
24 in the first primary election shall be printed on the advance
25 ballot.
26 (b) The advance absentee ballot shall be of a
27 different color for each election and also a different color
28 from the absentee ballots for the first primary, second
29 primary, and general election.
30 (c) The supervisor shall mail an advance absentee
31 ballot for the second primary and general election to each
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1 overseas voter for whom a request is received until the
2 regular absentee ballots are printed. The supervisor shall
3 enclose with the advance second primary absentee ballot and
4 advance general election absentee ballot an explanation
5 stating that the absentee ballot for the election will be
6 mailed as soon as it is printed, and, if both the advance
7 absentee ballot and the regular absentee ballot for the
8 election are returned in time to be counted, only the regular
9 absentee ballot will be counted.
10 (d) The division shall prescribe rules for a ballot to
11 be sent to overseas voters if the Elections Canvassing
12 Commission is unable to certify the results of an election for
13 a state office in time to comply with the provisions of this
14 subsection.
15 (2)(1) If an overseas voter's request for an absentee
16 ballot includes an e-mail address, the supervisor of elections
17 shall inform the voter of the names of candidates who will be
18 on the ballots via electronic transmission. The supervisor of
19 elections shall e-mail to the voter the list of candidates for
20 the primary and general election not later than 30 days before
21 each election.
22 (3) Unless an absentee ballot is able to be
23 transmitted pursuant to s. 101.697, if a request for an
24 absentee ballot is received after the Friday before the
25 election by the supervisor from an overseas voter, the
26 supervisor shall send a notice to the voter acknowledging
27 receipt of his or her request and notifying the voter that the
28 ballot will not be forwarded due to insufficient time for the
29 return of the ballot by the required deadline.
30 (4)(2) For absentee ballots received from overseas
31 voters, there is a presumption that the envelope was mailed on
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1 the date stated and witnessed on the outside of the return
2 envelope, regardless of the absence of a postmark on the
3 mailed envelope or the existence of a postmark date that is
4 later than the date of the election.
5 Section 147. Section 101.697, Florida Statutes, is
6 amended to read:
7 101.697 Electronic transmission of election
8 materials.--The division Department of State shall adopt rules
9 to authorize a supervisor of elections to accept a request for
10 an absentee ballot and a voted absentee ballot by facsimile
11 machine or other electronic means from overseas voters. The
12 rules must provide that in order to accept a voted ballot, the
13 verification of the voter must be established, the security of
14 the transmission must be established, and each ballot received
15 must be recorded.
16 Section 148. Section 101.698, Florida Statutes, is
17 reenacted to read:
18 101.698 Absentee voting in emergency situations.--If a
19 national or local emergency or other situation arises which
20 makes substantial compliance with the provisions of state or
21 federal law relating to the methods of voting for overseas
22 voters impossible or unreasonable, such as an armed conflict
23 involving United States Armed Forces or mobilization of those
24 forces, including state National Guard and reserve components,
25 the Elections Canvassing Commission may adopt by emergency
26 rules such special procedures or requirements necessary to
27 facilitate absentee voting by those persons directly affected
28 who are otherwise eligible to vote in the election.
29 Section 149. Section 101.69, Florida Statutes, is
30 transferred, renumbered as section 101.699, Florida Statutes,
31 and amended to read:
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1 101.699 101.69 Voting in person; return of absentee
2 ballot.--The provisions of This code does not shall not be
3 construed to prohibit a voter who has requested an absentee
4 ballot for an election any elector from voting in person at
5 the voter's elector's precinct on the day of the an election
6 if he or she returns the absentee notwithstanding that the
7 elector has requested an absentee ballot for that election.
8 An elector who has received an absentee ballot, but desires to
9 vote in person, shall return the ballot, whether voted or not,
10 to the election board in his or her the elector's precinct.
11 The returned ballot shall be marked "canceled" by the board
12 and placed with other canceled ballots. However, if the voter
13 elector is unable to return the ballot, the voter elector may
14 vote a provisional ballot as provided in s. 101.083 s.
15 101.048.
16 Section 150. Section 101.67, Florida Statutes, is
17 transferred, renumbered as section 101.725, Florida Statutes,
18 and amended to read:
19 101.725 101.67 Safekeeping of mailed ballots; deadline
20 for receiving absentee ballots.--
21 (1) The supervisor of elections shall ensure the
22 safety of all safely keep in his or her office any envelopes
23 received containing marked absentee ballots of absent
24 electors, and he or she shall, before the canvassing of the
25 election returns, deliver the envelopes to the county
26 canvassing board along with the his or her file or list kept
27 regarding those said ballots.
28 (2) To be counted, an absentee ballot All marked
29 absent electors' ballots to be counted must be received by the
30 supervisor by 7 p.m. the day of the election. Any absentee
31 ballot All ballots received thereafter shall be marked with
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1 the time and date of receipt and filed in the supervisor's
2 office.
3 Section 151. Section 101.545, Florida Statutes, is
4 transferred, renumbered as section 101.727, Florida Statutes,
5 and amended to read:
6 101.727 101.545 Retention and destruction of certain
7 election materials.--All ballots, forms, and other election
8 materials shall be retained in the custody of the supervisor
9 of elections in accordance with the schedule approved by the
10 Division of Library and Information Services of the department
11 of State. All unused ballots, forms, and other election
12 materials may, with the approval of the department of State,
13 be destroyed by the supervisor after the election for which
14 such ballots, forms, or other election materials were to be
15 used.
16 Section 152. Section 101.731, Florida Statutes, is
17 amended to read:
18 101.731 Elections emergencies.--
19 (1) SHORT TITLE.--This section Sections 101.731-101.74
20 may be cited as the "Elections Emergency Act."
21 (2) DEFINITION.--As used in this section, the term
22 "emergency" means any occurrence, or threat thereof, whether
23 accidental, intentional, or due to natural causes, in war or
24 in peace, which results or may result in substantial injury or
25 harm to the population or substantial damage to or loss of
26 property to the extent that it will prohibit an election
27 official's ability to conduct a safe and orderly election.
28 (3) INTENT.--Because of the existing and continuing
29 possibility of an emergency or common disaster occurring
30 before or during a regularly scheduled or special election and
31 in order to ensure maximum citizen participation in the
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1 electoral process, provide a safe and orderly procedure for
2 persons seeking to exercise their right to vote, generally
3 minimize to whatever degree possible a person's exposure to
4 danger during declared states of emergency, and protect the
5 integrity of the electoral process, it is found and declared
6 to be necessary to designate a procedure for the emergency
7 suspension or delay and rescheduling of elections.
8 (4) ELECTIONS EMERGENCY CONTINGENCY PLAN.--
9 (a) The Governor may, upon issuance of an executive
10 order declaring a state of emergency or impending emergency,
11 suspend or delay an election. The Governor may take such
12 action independently or at the request of the Secretary of
13 State, a supervisor from a county affected by the emergency
14 circumstances, or a municipal clerk from a municipality
15 affected by the emergency circumstances.
16 (b) The Governor, upon consultation with the Secretary
17 of State, shall reschedule any election suspended or delayed
18 due to an emergency. The election shall be held within 10 days
19 after the date of the suspended or delayed election or as soon
20 thereafter as is practicable. Notice of the election shall be
21 published at least once in a newspaper of general circulation
22 in the affected area and, where practicable, broadcast as a
23 public service announcement on radio and television stations
24 at least 1 week prior to the date the election is to be held.
25 (c) The division shall adopt, by rule, an elections
26 emergency contingency plan that shall give specific direction
27 to state and local election officials when an election has
28 been suspended or delayed due to an emergency. The contingency
29 plan shall be statewide in scope and shall address, but not be
30 limited to:
31
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1 1. Providing a procedure for state and local election
2 officials to follow when an election has been suspended or
3 delayed to ensure notice of the suspension or delay to the
4 proper authorities, the voters, the communications media, poll
5 workers, and the custodians of polling places.
6 2. Providing a procedure for the orderly conduct of a
7 rescheduled election, whether municipal, county, district, or
8 statewide in scope; coordinating those efforts with the
9 appropriate election official and the members of the governing
10 body holding such election, if appropriate; and working with
11 the appropriate emergency management officials in determining
12 the safety of existing polling places or designating
13 additional polling places.
14 3. Providing a procedure for the release and
15 certification of election returns to the division for
16 elections suspended or delayed and subsequently rescheduled
17 under this section.
18 (5) TEMPORARY CHANGE OF POLLING PLACE IN CASE OF
19 EMERGENCY.--In case of an emergency existing in any precinct
20 at the time of the holding of any election, the supervisor may
21 establish, at any safe and convenient point outside such
22 precinct, an additional polling place for the voters of that
23 precinct to vote. The registration records of the affected
24 precinct shall be used at the newly established polling place.
25 Section 153. Section 100.241, Florida Statutes, is
26 transferred, renumbered as section 101.77, Florida Statutes,
27 and amended to read:
28 101.77 100.241 Freeholder voting; election; penalties
29 for ineligible persons who vote as freeholders.--
30 (1) In any election or referendum in which only voters
31 electors who are freeholders are qualified to vote, the
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1 precinct registers regular registration books covering the
2 precincts located within the geographical area in which the
3 election or referendum is to be held shall be used.
4 (2) Qualification and registration of voters electors
5 participating in the such an election or referendum shall be
6 the same as prescribed for voting in other elections under
7 this code., and, In addition, each voter such elector shall
8 submit proof by affidavit made before an inspector that the
9 voter elector is a freeholder who is a voter qualified elector
10 residing in the county, district, or municipality in which the
11 election or referendum is to be held.
12 (3) Each voter registered elector who makes a sworn
13 affidavit of ownership to the inspectors, giving either a
14 legal description, address, or location of property in the
15 voter's elector's name which is not wholly exempt from
16 taxation, shall be entitled to vote in the election or
17 referendum and shall be considered a freeholder.
18 (4) The actual costs of conducting the such
19 freeholders' election or referendum shall be paid by the
20 county, district, or municipality requiring the election or
21 referendum same to be held.
22 (5) It is unlawful for any A person may not to vote in
23 any county, district, or other election or referendum that
24 which is limited to voters a vote of the electors who are
25 freeholders, unless such person is a freeholder and a voter
26 qualified elector. Any person who violates the provisions of
27 this subsection commits is guilty of a misdemeanor of the
28 first degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 Section 154. Sections 101.002, 101.017, 101.21,
31 101.22, 101.23, Florida Statutes; section 101.34, Florida
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1 Statutes, as amended by section 11 of chapter 2001-40, Laws of
2 Florida; sections