Senate Bill sb0618er

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  1

  2         An act relating to elections; amending s.

  3         97.0555, F.S.; requiring late registration to

  4         be done in the office of the supervisor of

  5         elections; amending s. 98.045, F.S.; including

  6         the statewide voter registration database in

  7         provisions governing the administration of

  8         voter registration; amending s. 98.0977, F.S.;

  9         revising provisions relating to accessing

10         agency data for the statewide voter

11         registration database; amending s. 98.0979,

12         F.S.; revising provisions for requesting and

13         furnishing voter registration information from

14         the statewide voter registration database;

15         amending s. 101.031, F.S.; revising the Voter's

16         Bill of Rights and Responsibilities; amending

17         s. 101.048, F.S.; revising the procedure for

18         canvassing provisional ballots; revising the

19         Provisional Ballot Voter's Certificate;

20         amending s. 101.151, F.S.; revising

21         specifications for ballots; creating s.

22         101.2512, F.S.; providing requirements for the

23         printing of candidates' names on general

24         election ballots; amending s. 101.5601, F.S.;

25         revising a reference; amending s. 101.5606,

26         F.S.; revising requirements for voting systems

27         with respect to overvoted and undervoted

28         ballots; amending s. 101.5608, F.S.; revising a

29         reference; amending s. 101.5611, F.S.;

30         requiring direct voting instruction instead of

31         provision of a voting instruction model;


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  1         amending s. 101.5612, F.S.; revising

  2         requirements for sample testing of electronic

  3         or electromechanical tabulation devices;

  4         correcting terminology; amending s. 101.5614,

  5         F.S.; revising provisions for duplicating

  6         defective ballots for purposes of tallying

  7         valid votes; clarifying the prohibition against

  8         releasing the results of an election prior to

  9         the closing of the polls; eliminating obsolete

10         provisions; amending s. 101.595, F.S.; limiting

11         the information on voting problems that

12         supervisors of elections are required to report

13         to the Department of State following a general

14         election; amending s. 101.68, F.S.; clarifying

15         the prohibition against releasing the results

16         of a canvassing or processing of absentee

17         ballots prior to the closing of the polls;

18         amending s. 101.69, F.S.; revising requirements

19         for electors who have received absentee ballots

20         but desire to vote in person; amending s.

21         102.014, F.S.; revising minimum training

22         requirements for poll workers; amending s.

23         102.141, F.S.; revising times for canvassing

24         boards to submit unofficial returns to the

25         Department of State, including those submitted

26         after a recount has been conducted; providing

27         for the duplication of ballots that are damaged

28         and cannot be counted by the automatic

29         tabulating equipment during a recount;

30         eliminating obsolete provisions; amending s.

31         102.166, F.S.; revising the date by which a


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  1         request for a manual recount must be made;

  2         requiring comparison of duplicate ballots with

  3         their original ballots during a manual recount;

  4         amending s. 46, ch. 2001-40, Laws of Florida;

  5         providing campaign finance reporting

  6         requirements preceding the 2002 primary

  7         election for candidates involved in public

  8         campaign financing races; amending s. 105.031,

  9         F.S.; providing an earlier qualifying period

10         for candidates for judicial office; repealing

11         s. 101.22, F.S., relating to the voting

12         procedure for paper ballots; repealing s.

13         101.5615, F.S., relating to recounts and

14         election contests under the "Electronic Voting

15         Systems Act"; repealing s. 101.72, F.S.,

16         relating to voting booths and compartments;

17         amending s. 106.11, F.S.; defining the term

18         "sufficient funds on deposit in the primary

19         depository account of the candidate or

20         political committee"; amending s. 101.635,

21         F.S.; prohibiting denial of local political

22         party requests for absentee ballots; reenacting

23         and amending s. 106.08(5), F.S., to clarify

24         requirements for soliciting and accepting

25         charitable contributions and to reenact a

26         prohibition against indirect campaign

27         contributions; providing penalties; amending s.

28         106.021, F.S.; providing for candidate

29         reimbursement for certain expenses; providing

30         for retroactive application; amending s.

31         106.07, F.S.; providing for reporting of


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  1         candidate reimbursement for certain expenses;

  2         providing for retroactive application;

  3         providing effective dates.

  4

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

  6

  7         Section 1.  Section 97.0555, Florida Statutes, is

  8  amended to read:

  9         97.0555  Late registration.--An individual or

10  accompanying family member who has been discharged or

11  separated from the uniformed services or the, Merchant Marine,

12  or from employment outside the territorial limits of the

13  United States, after the book-closing date for an election

14  pursuant to s. 97.055 and who is otherwise qualified, may

15  register to vote in such election until 5 p.m. on the Friday

16  before that election in the office of the supervisor of

17  elections. Such persons must produce sufficient documentation

18  showing evidence of qualifying for late registration pursuant

19  to this section. The Department of State shall adopt rules

20  specifying documentation that is sufficient to determine

21  eligibility.

22         Section 2.  Subsections (1) and (3) of section 98.045,

23  Florida Statutes, are amended to read:

24         98.045  Administration of voter registration.--

25         (1)  Each supervisor must ensure that any eligible

26  applicant for voter registration is registered to vote. Once a

27  voter is registered, the name of that voter may not be removed

28  from the registration books except at the written request of

29  the voter, by reason of the voter's conviction of a felony or

30  adjudication as mentally incapacitated with respect to voting,

31  by death of the voter, or pursuant to a registration list


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  1  maintenance program or other registration list maintenance

  2  activity conducted pursuant to s. 98.065, or s. 98.075, or s.

  3  98.0977.

  4         (3)  Notwithstanding the provisions of ss. 98.095, and

  5  98.097, and 98.0977 each supervisor shall maintain for at

  6  least 2 years, and make available for public inspection and

  7  copying, all records concerning implementation of registration

  8  list maintenance programs and activities conducted pursuant to

  9  ss. 98.065, and 98.075, and 98.0977. The records must include

10  lists of the name and address of each person to whom an

11  address confirmation final notice was sent and information as

12  to whether each such person responded to the mailing, but may

13  not include any information that is confidential or exempt

14  from public record requirements under this code.

15         Section 3.  Subsection (4) of section 98.0977, Florida

16  Statutes, is amended to read:

17         98.0977  Statewide voter registration database;

18  development and maintenance.--

19         (4)  To the maximum extent feasible, state and local

20  government entities shall facilitate provision of information

21  and access to data to the department Florida Association of

22  Court Clerks in order to compare information in the statewide

23  voter registration database with available information in

24  other computer databases, including, but not limited to,

25  databases that contain reliable criminal records and records

26  of deceased persons. State and local governmental agencies

27  that provide such data shall do so without charge if the

28  direct cost incurred by those agencies is not significant.

29         Section 4.  Paragraph (b) of subsection (1) of section

30  98.0979, Florida Statutes, is amended to read:

31


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  1         98.0979  Statewide voter registration database open to

  2  inspection; copies.--

  3         (1)

  4         (b)  Within 15 days after a request for voter

  5  registration information, the division or supervisor of

  6  elections shall furnish any requested information, excluding

  7  only a voter's signature, social security number, and such

  8  other information that is by statute specifically made

  9  confidential or is exempt from public records requirements.  A

10  request for county information must be made to the supervisor

11  of elections of that county, and a request for multicounty or

12  statewide information must be made to the division.  A

13  supervisor of elections is not responsible for providing any

14  information other than information from the supervisor's own

15  county.

16         Section 5.  Subsection (2) of section 101.031, Florida

17  Statutes, is amended to read:

18         101.031  Instructions for electors.--

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

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

21  Bill of Rights and Responsibilities in the following form:

22

23                      VOTER'S BILL OF RIGHTS

24

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

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

27         2.  Cast a vote if he or she is in line at the official

28  closing of when the polls in that county are closing.

29         3.  Ask for and receive assistance in voting.

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

31  makes a mistake prior to the ballot being cast.


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

  2  question.

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

  4  provisional ballot.

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

  6  if election officials doubt the voter's identity.

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

  8  request, oral instructions in voting from elections officers.

  9         9.  Vote free from coercion or intimidation by

10  elections officers or any other person.

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

12  condition and that will allow votes to be accurately cast.

13

14                      VOTER RESPONSIBILITIES

15

16         Each registered voter in this state should has the

17  responsibility to:

18         1.  Familiarize himself or herself with the Study and

19  know candidates and issues.

20         2.  Maintain with the office of the supervisor of

21  elections a Keep his or her voter address current address.

22         3.  Know the location of his or her polling place

23  precinct and its hours of operation.

24         4.  Bring proper identification to the polling station.

25         5.  Familiarize himself or herself with the operation

26  of the Know how to operate voting equipment in his or her

27  precinct properly.

28         6.  Treat precinct workers with courtesy.

29         7.  Respect the privacy of other voters.

30         8.  Report any problems or violations of election laws

31  to the supervisor of elections law.


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  1         9.  Ask questions, if needed when confused.

  2         10.  Make sure that Check his or her completed ballot

  3  is correct before leaving the polling station for accuracy.

  4

  5  NOTE TO VOTER:  Failure to perform any of these

  6  responsibilities does not prohibit a voter from voting.

  7         Section 6.  Subsections (2) and (3) of section 101.048,

  8  Florida Statutes, are amended to read:

  9         101.048  Provisional ballots.--

10         (2)(a)  The county canvassing board shall examine each

11  provisional ballot envelope to determine if the person voting

12  that ballot was entitled to vote at the precinct where the

13  person cast a vote in the election and that the person had not

14  already cast a ballot in the election.

15         (b)1.  If it is determined that the person was

16  registered and entitled to vote at the precinct where the

17  person cast a vote in the election, the canvassing board shall

18  compare the signature on the provisional ballot envelope with

19  the signature on the voter's registration and, if it matches,

20  shall count the ballot.

21         2.  If it is determined that the person voting the

22  provisional ballot was not registered or entitled to vote at

23  the precinct where the person cast a vote in the election, the

24  provisional ballot shall not be counted and the ballot shall

25  remain in the envelope containing the Provisional Ballot

26  Voter's Certificate and Affirmation and the envelope shall be

27  marked "Rejected as Illegal."

28         (3)  The Provisional Ballot Voter's Certificate and

29  Affirmation shall be in substantially the following form:

30

31  STATE OF FLORIDA


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  1  COUNTY OF ....

  2

  3         I do solemnly swear (or affirm) that my name is ....;

  4  that my date of birth is ....; that I am registered to vote

  5  and at the time I registered I resided at ...., in the

  6  municipality of ...., in .... County, Florida; that I am

  7  registered in the .... Party; that I am a qualified voter of

  8  the county; and that I have not voted in this election.  I

  9  understand that if I commit any fraud in connection with

10  voting, vote a fraudulent ballot, or vote more than once in an

11  election, I can be convicted of a felony of the third degree

12  and fined up to $5,000 and/or imprisoned for up to 5 years.

13                                      ...(Signature of Voter)...

14                               ...(Current Residence Address)...

15                                 ...(Current Mailing Address)...

16                                   ...(City, State, Zip Code)...

17

18  Sworn to and subscribed before me this .... day of ........,

19  ...(year)....

20  ...(Clerk or Inspector of Election Official)...

21

22  Precinct # ....                Ballot Style/Party Issued: ....

23

24  Additional information may be provided to further assist the

25  supervisor of elections in determining eligibility. If known,

26  please provide the place and date that you registered to vote.

27

28         Section 7.  Paragraphs (a) and (c) of subsection (2) of

29  section 101.151, Florida Statutes, are amended to read:

30         101.151  Specifications for ballots.--

31


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  1         (2)(a)  The ballot shall have headings under which

  2  shall appear the names of the offices and the names of the

  3  duly nominated candidates for the respective offices in the

  4  following order:  the heading "President and Vice President"

  5  and thereunder the names of the candidates for President and

  6  Vice President of the United States nominated by the political

  7  party that received the highest vote for Governor in the last

  8  general election of the Governor in this state.  Then shall

  9  appear the names of other candidates for President and Vice

10  President of the United States who have been properly

11  nominated.  Votes cast for write-in candidates for President

12  and Vice President shall be counted as votes cast for the

13  presidential electors supporting such candidates.  Then shall

14  follow the heading "Congressional" and thereunder the offices

15  of United States Senator and Representative in Congress; then

16  the heading "State" and thereunder the offices of Governor and

17  Lieutenant Governor, Secretary of State, Attorney General,

18  Chief Financial Officer Comptroller, Treasurer, Commissioner

19  of Education, Commissioner of Agriculture, state attorney, and

20  public defender, together with the names of the candidates for

21  each office and the title of the office which they seek; then

22  the heading "Legislative" and thereunder the offices of state

23  senator and state representative; then the heading "County"

24  and thereunder clerk of the circuit court, clerk of the county

25  court (when authorized by law), sheriff, property appraiser,

26  tax collector, district superintendent of schools, and

27  supervisor of elections. Thereafter follows: members of the

28  board of county commissioners, and such other county and

29  district offices as are involved in the general election, in

30  the order fixed by the Department of State, followed, in the

31  year of their election, by "Party Offices," and thereunder the


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  1  offices of state and county party executive committee members.

  2  In a general election, in addition to the names printed on the

  3  ballot, a blank space shall be provided under each heading for

  4  an office for which a write-in candidate has qualified. With

  5  respect to write-in candidates, if two or more candidates are

  6  seeking election to one office, only one blank space shall be

  7  provided.

  8         (c)  If in any election all the offices as set forth in

  9  paragraph (a) are not involved, those offices not to be filled

10  shall be omitted and the remaining offices shall be arranged

11  on the ballot in the order named.

12         Section 8.  Section 101.2512, Florida Statutes, is

13  created to read:

14         101.2512  Candidates' names on general election

15  ballots.--

16         (1)  The supervisor of elections shall print on the

17  general election ballot the names of candidates nominated by

18  primary election or special primary election or the names of

19  candidates selected by the appropriate executive committee of

20  any political party pursuant to the requirements of this code.

21         (2)  In addition to the names printed on the ballot as

22  provided in subsection (1), the supervisor of elections shall

23  print on the general election ballot the names of each

24  nonpartisan candidate, minor party candidate, or candidate

25  with no party affiliation who has obtained a position on the

26  general election ballot in compliance with the requirements of

27  this code.

28         Section 9.  Section 101.5601, Florida Statutes, is

29  amended to read:

30

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  1         101.5601  Short title.--Sections 101.5601-101.5614 may

  2  be cited 101.5601 through 101.5615 shall be known as the

  3  "Electronic Voting Systems Act."

  4         Section 10.  Effective September 2, 2002, subsections

  5  (3) and (4) of section 101.5606, Florida Statutes, as amended

  6  by section 18 of chapter 2001-40, Laws of Florida, are amended

  7  to read:

  8         101.5606  Requirements for approval of systems.--No

  9  electronic or electromechanical voting system shall be

10  approved by the Department of State unless it is so

11  constructed that:

12         (3)  It immediately rejects The automatic tabulating

13  equipment shall be set to reject a ballot and provide the

14  elector an opportunity to correct the ballot where the number

15  of votes for an office or measure exceeds the number which the

16  voter is entitled to cast or where the tabulating equipment

17  reads the ballot as a ballot with no votes cast.

18         (4)  For systems using paper ballots, it accepts a

19  rejected ballot pursuant to subsection (3) if a voter chooses

20  to cast the ballot, but records no vote for any office that

21  has been overvoted or undervoted. For rejected ballots that

22  voters choose to cast, the automatic tabulating equipment will

23  be set to accept the ballot and reject all votes for any

24  office or measure when the number of votes therefor exceeds

25  the number which the voter is entitled to cast or when the

26  voter is not entitled to cast a vote for the office or

27  measure.

28         Section 11.  Paragraph (b) of subsection (2) of section

29  101.5608, Florida Statutes, is amended to read:

30         101.5608  Voting by electronic or electromechanical

31  method; procedures.--


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  1         (2)  When an electronic or electromechanical voting

  2  system utilizes a ballot card or paper ballot, the following

  3  procedures shall be followed:

  4         (b)  Any voter who spoils his or her ballot or makes an

  5  error may return the ballot to the election official and

  6  secure another ballot, except that in no case shall a voter be

  7  furnished more than three ballots. If the vote tabulation

  8  device has rejected a ballot, the ballot shall be considered

  9  spoiled and a new ballot shall be provided to the voter unless

10  the voter chooses to cast the rejected ballot. The election

11  official, without examining the original ballot, shall state

12  the possible reasons for the rejection and shall provide

13  instruction to direct the voter to the instruction model

14  provided at the precinct pursuant to s. 101.5611. A spoiled

15  ballot shall be preserved, without examination, in an envelope

16  provided for that purpose. The stub shall be removed from the

17  ballot and placed in an envelope.

18         Section 12.  Section 101.5611, Florida Statutes, is

19  amended to read:

20         101.5611  Instructions to electors.--

21         (1)  For the instruction of voters on election day, The

22  supervisor of elections shall provide instruction at each

23  polling place regarding one instruction model illustrating the

24  manner of voting with the system.  In instructing voters, no

25  precinct official may favor any political party, candidate, or

26  issue.  Such instruction Each such instruction model shall

27  show the arrangement of candidates party rows, office columns,

28  and questions to be voted on.  Additionally, the supervisor of

29  elections shall provide instruction on the proper method of

30  casting a ballot for the specific voting system utilized in

31  that jurisdiction.  Such instruction model shall be provided


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  1  located at a place which voters must pass to reach the

  2  official voting booth.

  3         (2)  Before entering the voting booth each voter shall

  4  be offered instruction in voting by use of the instruction

  5  model, and the voter shall be given ample opportunity to

  6  operate the model by himself or herself.  In instructing

  7  voters, no precinct official may show partiality to any

  8  political party or candidate.

  9         (2)(3)  The supervisor of elections shall have posted

10  at each polling place a notice that reads:  "A person who

11  commits or attempts to commit any fraud in connection with

12  voting, votes a fraudulent ballot, or votes more than once in

13  an election can be convicted of a felony of the third degree

14  and fined up to $5,000 and/or imprisoned for up to 5 years."

15         Section 13.  Paragraphs (a) and (d) of subsection (4)

16  of section 101.5612, Florida Statutes, are amended to read:

17         101.5612  Testing of tabulating equipment.--

18         (4)(a)1.  For electronic or electromechanical voting

19  systems configured to include electronic or electromechanical

20  tabulation devices which are distributed to the precincts, all

21  or a sample of the devices to be used in the election shall be

22  publicly tested.  If a sample is to be tested, the sample

23  shall consist of a random selection of at least 5 percent of

24  the devices for an optical scan system or 2 percent of the

25  devices for a touchscreen system or 10 of the devices for

26  either system, as applicable, whichever is greater.  The test

27  shall be conducted by processing a group of ballots, causing

28  the device to output results for the ballots processed, and

29  comparing the output of results to the results expected for

30  the ballots processed.  The group of ballots shall be produced

31  so as to record a predetermined number of valid votes for each


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  1  candidate and on each measure and to include for each office

  2  one or more ballots which have activated voting positions in

  3  excess of the number allowed by law in order to test the

  4  ability of the tabulating device to reject such votes.

  5         2.  If any tested tabulating device is found to have an

  6  error in tabulation, it shall be deemed unsatisfactory.  For

  7  each device deemed unsatisfactory, the canvassing board shall

  8  take steps to determine the cause of the error, shall attempt

  9  to identify and test other devices that could reasonably be

10  expected to have the same error, and shall test a number of

11  additional devices sufficient to determine that all devices

12  are satisfactory. Upon deeming any device unsatisfactory, the

13  canvassing board may require all devices to be tested or may

14  declare that all devices are unsatisfactory.

15         3.  If the operation or output of any tested tabulation

16  device, such as spelling or the order of candidates on a

17  report, is in error, such problem shall be reported to the

18  canvassing board.  The canvassing board shall then determine

19  if the reported problem warrants its deeming the device

20  unsatisfactory.

21         (d)  Any tabulating device deemed unsatisfactory shall

22  be recoded reprogrammed, repaired, or replaced and shall be

23  made available for retesting. Such device must be determined

24  by the canvassing board or its representative to be

25  satisfactory before it may be used in any election.  The

26  canvassing board or its representative shall announce at the

27  close of the first testing the date, place, and time that any

28  unsatisfactory device will be retested or may, at the option

29  of the board, notify by telephone each person who was present

30  at the first testing as to the date, place, and time that the

31  retesting will occur.


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  1         Section 14.  Subsections (5) and (9) of section

  2  101.5614, Florida Statutes, are amended to read:

  3         101.5614  Canvass of returns.--

  4         (5)  If any absentee ballot card of the type for which

  5  the offices and measures are not printed directly on the card

  6  is physically damaged or defective so that it cannot properly

  7  be counted by the automatic tabulating equipment, a true

  8  duplicate copy shall be made of the damaged ballot card in the

  9  presence of witnesses and substituted for the damaged ballot.

10  Likewise, a duplicate ballot card shall be made of an absentee

11  ballot containing an overvoted race or a marked absentee

12  ballot in which every race is undervoted which shall include

13  all valid votes as determined by the canvassing board based on

14  rules adopted by the division pursuant to s. 102.166(5). All

15  duplicate ballots shall be clearly labeled "duplicate," bear a

16  serial number which shall be recorded on the defective ballot,

17  and be counted in lieu of the defective ballot a defective

18  ballot which shall not include the invalid votes.  All

19  duplicate ballot cards shall be clearly labeled "duplicate,"

20  bear a serial number which shall be recorded on the damaged or

21  defective ballot card, and be counted in lieu of the damaged

22  or defective ballot.  If any ballot card of the type for which

23  offices and measures are printed directly on the card is

24  damaged or defective so that it cannot properly be counted by

25  the automatic tabulating equipment, a true duplicate copy may

26  be made of the damaged ballot card in the presence of

27  witnesses and in the manner set forth above, or the valid

28  votes on the damaged ballot card may be manually counted at

29  the counting center by the canvassing board, whichever

30  procedure is best suited to the system used. If any paper

31  ballot is damaged or defective so that it cannot be counted


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  1  properly by the automatic tabulating equipment, the ballot

  2  shall be counted manually at the counting center by the

  3  canvassing board.  The totals for all such ballots or ballot

  4  cards counted manually shall be added to the totals for the

  5  several precincts or election districts.  No vote shall be

  6  declared invalid or void if there is a clear indication on the

  7  ballot that the voter has made a definite choice as determined

  8  by the canvassing board.  After duplicating a ballot has been

  9  duplicated, the defective ballot shall be placed in an

10  envelope provided for that purpose, and the duplicate ballot

11  shall be tallied with the other ballots for that precinct.

12         (9)  Any supervisor of elections, deputy supervisor of

13  elections, canvassing board member, election board member, or

14  election employee who releases the results of any election

15  prior to the closing of the polls in that county on election

16  day commits a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         Section 15.  Effective September 2, 2002, subsection

19  (1) of section 101.5614, Florida Statutes, as amended by

20  section 22 of chapter 2001-40, Laws of Florida, is amended to

21  read:

22         101.5614  Canvass of returns.--

23         (1)  In precincts in which an electronic or

24  electromechanical voting system is used, As soon as the polls

25  are closed, the election board shall secure the voting devices

26  against further voting. The election board shall thereafter,

27  open the ballot box in the presence of members of the public

28  desiring to witness the proceedings, verify and count the

29  number of voted ballots, unused ballots, provisional ballots,

30  and spoiled ballots to ascertain whether such number

31  corresponds with the number of ballots issued by the


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  1  supervisor. If there is a difference, this fact shall be

  2  reported in writing to the county canvassing board with the

  3  reasons therefor if known. The total number of voted ballots

  4  shall be entered on the forms provided. The proceedings of the

  5  election board at the precinct after the polls have closed

  6  shall be open to the public; however, no person except a

  7  member of the election board shall touch any ballot or ballot

  8  container or interfere with or obstruct the orderly count of

  9  the ballots.

10         Section 16.  Section 101.595, Florida Statutes, is

11  amended to read:

12         101.595  Analysis and reports of voting problems voter

13  error.--

14         (1)  No later than December 15 of each general election

15  year, the supervisor of elections in each county shall report

16  on voter errors to the Department of State the total number of

17  overvotes and undervotes in the first race appearing on the

18  ballot pursuant to s. 101.151(2), along with the likely

19  reasons for such overvotes and undervotes the errors and other

20  information as may be useful in evaluating the performance of

21  the voting system and identifying problems with ballot design

22  and instructions which may have contributed to voter

23  confusion.

24         (2)  The Department of State, upon receipt of such

25  information, shall prepare a public report on the performance

26  of each type of voting system.  The report must contain, but

27  is not limited to, the following information:

28         (a)  An identification of problems with the ballot

29  design or instructions which may have contributed to voter

30  confusion;

31


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  1         (b)  An identification of voting system design

  2  problems; and

  3         (c)  Recommendations for correcting any problems

  4  identified.

  5         (3)  The Department of State shall submit the report to

  6  the Governor, the President of the Senate, and the Speaker of

  7  the House of Representatives by January 31 of each year

  8  following a general election.

  9         Section 17.  Paragraph (a) of subsection (2) of section

10  101.68, Florida Statutes, is amended to read:

11         101.68  Canvassing of absentee ballot.--

12         (2)(a)  The county canvassing board may begin the

13  canvassing of absentee ballots at 7 a.m. on the fourth day

14  before the election, but not later than noon on the day

15  following the election. In addition, for any county using

16  electronic tabulating equipment, the processing of absentee

17  ballots through such tabulating equipment may begin at 7 a.m.

18  on the fourth day before the election. However,

19  notwithstanding any such authorization to begin canvassing or

20  otherwise processing absentee ballots early, no result shall

21  be released until after the closing of the polls in that

22  county on election day. Any supervisor of elections, deputy

23  supervisor of elections, canvassing board member, election

24  board member, or election employee who releases the results of

25  a canvassing or processing of absentee ballots prior to the

26  closing of the polls in that county on election day commits a

27  felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         Section 18.  Section 101.69, Florida Statutes, is

30  amended to read:

31


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  1         101.69  Voting in person; return of absentee

  2  ballot.--The provisions of this code shall not be construed to

  3  prohibit any elector from voting in person at the elector's

  4  precinct on the day of an election notwithstanding that the

  5  elector has requested an absentee ballot for that election.

  6  An elector who has received an absentee ballot, but desires to

  7  vote in person, shall return the ballot, whether voted or not,

  8  to the election board in the elector's precinct.  The returned

  9  ballot shall be marked "canceled" by the board and placed with

10  other canceled ballots. However, if the elector does not is

11  unable to return the ballot and the election official:

12         (1)  Confirms that the supervisor has received the

13  elector's absentee ballot, the elector shall not be allowed to

14  vote in person.

15         (2)  Confirms that the supervisor has not received the

16  elector's absentee ballot, the elector shall be allowed to

17  vote in person as provided in this code.  The elector's

18  absentee ballot, if subsequently received, shall not be

19  counted and shall remain in the mailing envelope, and the

20  envelope shall be marked "Rejected as Illegal."

21         (3)  Cannot determine whether the supervisor has

22  received the elector's absentee ballot, the elector may vote a

23  provisional ballot as provided in s. 101.048.

24         Section 19.  Subsection (4) of section 102.014, Florida

25  Statutes, is amended to read:

26         102.014  Poll worker recruitment and training.--

27         (4)  Each supervisor of elections shall be responsible

28  for training inspectors and clerks, subject to the following

29  minimum requirements:

30         (a)  No clerk shall be entitled to work at the polls

31  unless he or she has had a minimum of 3 6 hours of training


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  1  prior to each election during a general election year, at

  2  least 2 hours of which must occur after June 1 of that year.

  3         (b)  No inspector shall work at the polls unless he or

  4  she has had a minimum of 2 3 hours of training prior to each

  5  election during a general election year, at least 1 hour of

  6  which must occur after June 1 of that year.

  7         (c)  For the purposes of this subsection, the first and

  8  second primary elections shall be considered one election.

  9         Section 20.  Subsection (2) of section 102.141, Florida

10  Statutes, reads, and subsections (4) and (6) of said section

11  are amended to read:

12         102.141  County canvassing board; duties.--

13         (2)  The county canvassing board shall meet in a

14  building accessible to the public in the county where the

15  election occurred at a time and place to be designated by the

16  supervisor of elections to publicly canvass the absentee

17  electors' ballots as provided for in s. 101.68 and provisional

18  ballots as provided by s. 101.048.  Public notice of the time

19  and place at which the county canvassing board shall meet to

20  canvass the absentee electors' ballots and provisional ballots

21  shall be given at least 48 hours prior thereto by publication

22  once in one or more newspapers of general circulation in the

23  county or, if there is no newspaper of general circulation in

24  the county, by posting such notice in at least four

25  conspicuous places in the county.  As soon as the absentee

26  electors' ballots and the provisional ballots are canvassed,

27  the board shall proceed to publicly canvass the vote given

28  each candidate, nominee, constitutional amendment, or other

29  measure submitted to the electorate of the county, as shown by

30  the returns then on file in the office of the supervisor of

31  elections and the office of the county court judge.


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  1         (4)  The canvassing board shall submit unofficial

  2  returns to the Department of State for each federal,

  3  statewide, state, or multicounty office or ballot measure no

  4  later than noon on the second day after any primary, general,

  5  special, or other election.  Such returns shall include the

  6  canvass of all ballots as required by subsection (2).

  7         (6)  If the unofficial returns reflect that a candidate

  8  for any office was defeated or eliminated by one-half of a

  9  percent or less of the votes cast for such office, that a

10  candidate for retention to a judicial office was retained or

11  not retained by one-half of a percent or less of the votes

12  cast on the question of retention, or that a measure appearing

13  on the ballot was approved or rejected by one-half of a

14  percent or less of the votes cast on such measure, the board

15  responsible for certifying the results of the vote on such

16  race or measure shall order a recount of the votes cast with

17  respect to such office or measure. A recount need not be

18  ordered with respect to the returns for any office, however,

19  if the candidate or candidates defeated or eliminated from

20  contention for such office by one-half of a percent or less of

21  the votes cast for such office request in writing that a

22  recount not be made.

23         (a)  In counties with voting systems that use ballot

24  cards or paper ballots, each canvassing board responsible for

25  conducting a recount shall put each ballot through the

26  automatic tabulating equipment for each precinct in which the

27  office or issue appeared on the ballot and determine whether

28  the returns correctly reflect the votes cast.  If any paper

29  ballot is physically damaged so that it cannot be properly

30  counted by the automatic tabulating equipment during the

31  recount, a true duplicate shall be made of the damaged ballot


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  1  pursuant to the procedures in s. 101.5614(5).  Immediately

  2  before the start of the recount and after completion of the

  3  count, a test of the tabulating equipment shall be conducted

  4  as provided in s. 101.5612.  If the test indicates no error,

  5  the recount tabulation of the ballots cast shall be presumed

  6  correct and such votes shall be canvassed accordingly.  If an

  7  error is detected, the cause therefor shall be ascertained and

  8  corrected and the recount repeated, as necessary. The

  9  canvassing board shall immediately report the error, along

10  with the cause of the error and the corrective measures being

11  taken, to the Department of State. No later than 11 days after

12  the election, the canvassing board shall file a separate

13  incident report with the Department of State, detailing the

14  resolution of the matter and identifying any measures that

15  will avoid a future recurrence of the error.

16         (b)  In counties with voting systems that do not use

17  ballot cards or paper ballots, each canvassing board

18  responsible for conducting a recount shall examine the

19  counters on the precinct tabulators to ensure that the total

20  of the returns on the precinct tabulators equals the overall

21  election return. If there is a discrepancy between the overall

22  election return and the counters of the precinct tabulators,

23  the counters of the precinct tabulators shall be presumed

24  correct and such votes shall be canvassed accordingly.

25         (c)  The canvassing board shall submit a second set of

26  unofficial returns to the Department of State for each

27  federal, statewide, state, or multicounty office or ballot

28  measure no later than noon on the third second day after any

29  election in which a recount was conducted pursuant to this

30  subsection.  If the canvassing board is unable to complete the

31  recount prescribed in this subsection by the deadline, the


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  1  second set of unofficial returns submitted by the canvassing

  2  board shall be identical to the initial unofficial returns and

  3  the submission shall also include a detailed explanation of

  4  why it was unable to timely complete the recount. However, the

  5  canvassing board shall complete the recount prescribed in this

  6  subsection, along with any manual recount prescribed in s.

  7  102.166, and certify election returns in accordance with the

  8  requirements of this chapter.

  9         Section 21.  Paragraph (a) of subsection (2) and

10  subsection (6) of section 102.166, Florida Statutes, are

11  amended to read:

12         102.166  Manual recounts.--

13         (2)(a)  If the second set of unofficial returns

14  pursuant to s. 102.141 indicates that a candidate for any

15  office was defeated or eliminated by between one-quarter and

16  one-half of a percent of the votes cast for such office, that

17  a candidate for retention to judicial office was retained or

18  not retained by between one-quarter and one-half of a percent

19  of the votes cast on the question of retention, or that a

20  measure appearing on the ballot was approved or rejected by

21  between one-quarter and one-half of a percent of the votes

22  cast on such measure, any such candidate, the political party

23  of such candidate, or any political committee that supports or

24  opposes such ballot measure is entitled to a manual recount of

25  the overvotes and undervotes cast in the entire geographic

26  jurisdiction of such office or ballot measure, provided that a

27  request for a manual recount is made by 5 p.m. on the third

28  second day after the election.

29         (6)  Procedures for a manual recount are as follows:

30         (a)  The county canvassing board shall appoint as many

31  counting teams of at least two electors as is necessary to


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  1  manually recount the ballots. A counting team must have, when

  2  possible, members of at least two political parties. A

  3  candidate involved in the race shall not be a member of the

  4  counting team.

  5         (b)  Each duplicate ballot prepared pursuant to s.

  6  101.5614(5) or s. 102.141(6) shall be compared with the

  7  original ballot to ensure the correctness of the duplicate.

  8         (c)(b)  If a counting team is unable to determine

  9  whether the ballot contains a clear indication that the voter

10  has made a definite choice, the ballot shall be presented to

11  the county canvassing board for a determination.

12         (d)(c)  The Department of State shall adopt detailed

13  rules prescribing additional recount procedures for each

14  certified voting system which shall be uniform to the extent

15  practicable. The rules shall address, at a minimum, the

16  following areas:

17         1.  Security of ballots during the recount process;

18         2.  Time and place of recounts;

19         3.  Public observance of recounts;

20         4.  Objections to ballot determinations;

21         5.  Record of recount proceedings; and

22         6.  Procedures relating to candidate and petitioner

23  representatives.

24         Section 22.  Paragraph (b) of subsection (4) of section

25  46 of chapter 2001-40, Laws of Florida, is amended to read:

26         Section 46.

27         (4)

28         (b)  For the 2002 elections, following the last day of

29  qualifying for office, any statewide candidate who has

30  requested to receive contributions from the Election Campaign

31  Financing Trust Fund or any statewide candidate in a race with


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  1  a candidate who has requested to receive contributions from

  2  the trust fund shall file reports on the 4th, 11th, 18th,

  3  25th, and 32nd days immediately preceding the primary election

  4  and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd

  5  days prior to the general election.

  6         Section 23.  Subsection (1) of section 105.031, Florida

  7  Statutes, is amended to read:

  8         105.031  Qualification; filing fee; candidate's oath;

  9  items required to be filed.--

10         (1)  TIME OF QUALIFYING.--Except for candidates for

11  judicial office, nonpartisan candidates for multicounty office

12  shall qualify with the Division of Elections of the Department

13  of State and nonpartisan candidates for countywide or less

14  than countywide office shall qualify with the supervisor of

15  elections. Candidates for judicial office other than the

16  office of county court judge shall qualify with the Division

17  of Elections of the Department of State, and candidates for

18  the office of county court judge shall qualify with the

19  supervisor of elections of the county.  Candidates for

20  judicial office shall qualify no earlier than noon of the

21  120th day, and no later than noon of the 116th day, before the

22  first primary election.  Candidates for the office of school

23  board member shall qualify no earlier than noon of the 50th

24  day, and no later than noon of the 46th day, before the first

25  primary election.  Filing shall be on forms provided for that

26  purpose by the Division of Elections and furnished by the

27  appropriate qualifying officer. Any person seeking to qualify

28  by the alternative method, as set forth in s. 105.035, if the

29  person has submitted the necessary petitions by the required

30  deadline and is notified after the fifth day prior to the last

31  day for qualifying that the required number of signatures has


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  1  been obtained, shall be entitled to subscribe to the

  2  candidate's oath and file the qualifying papers at any time

  3  within 5 days from the date he or she is notified that the

  4  necessary number of signatures has been obtained.  Any person

  5  other than a write-in candidate who qualifies within the time

  6  prescribed in this subsection shall be entitled to have his or

  7  her name printed on the ballot.

  8         Section 24.  Sections 101.22, 101.5615, and 101.72,

  9  Florida Statutes, are repealed.

10         Section 25.  Subsection (3) of section 106.11, Florida

11  Statutes, is amended to read:

12         106.11  Expenses of and expenditures by candidates and

13  political committees.--Each candidate and each political

14  committee which designates a primary campaign depository

15  pursuant to s. 106.021(1) shall make expenditures from funds

16  on deposit in such primary campaign depository only in the

17  following manner, with the exception of expenditures made from

18  petty cash funds provided by s. 106.12:

19         (3)  No candidate, campaign manager, treasurer, deputy

20  treasurer, or political committee or any officer or agent

21  thereof, or any person acting on behalf of any of the

22  foregoing, shall authorize any expenses, nor shall any

23  campaign treasurer or deputy treasurer sign a check drawn on

24  the primary campaign account for any purpose, unless there are

25  sufficient funds on deposit in the primary depository account

26  of the candidate or political committee to pay the full amount

27  of the authorized expense, to honor all other checks drawn on

28  such account, which checks are outstanding, and to meet all

29  expenses previously authorized but not yet paid. However, an

30  expense may be incurred for the purchase of goods or services

31  if there are sufficient funds on deposit in the primary


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  1  depository account to pay the full amount of the incurred

  2  expense, to honor all checks drawn on such account, which

  3  checks are outstanding, and to meet all other expenses

  4  previously authorized but not yet paid, provided that payment

  5  for such goods or services is made upon final delivery and

  6  acceptance of the goods or services; and an expenditure from

  7  petty cash pursuant to the provisions of s. 106.12 may be

  8  authorized, if there is a sufficient amount of money in the

  9  petty cash fund to pay for such expenditure.  Payment for

10  credit card purchases shall be made pursuant to s. 106.125.

11  Any expense incurred or authorized in excess of such funds on

12  deposit shall, in addition to other penalties provided by law,

13  constitute a violation of this chapter.  As used in this

14  subsection, the term "sufficient funds on deposit in the

15  primary depository account of the candidate or political

16  committee" means that the funds at issue have been delivered

17  for deposit to the financial institution at which such account

18  is maintained.  The term shall not be construed to mean that

19  such funds are available for withdrawal in accordance with the

20  deposit rules or the funds availability policies of such

21  financial institution.

22         Section 26.  Section 101.635, Florida Statutes, is

23  amended to read:

24         101.635  Distribution of blocks of printed ballots.--In

25  any county in which the supervisor of elections maintains

26  deputies in a municipality other than the county seat and such

27  municipality has a population in excess of 90,000, blocks of

28  numbered ballots shall be made available as required and as

29  the supervisor may direct, in order to comply with the

30  provisions of s. 98.181.  All ballots made available in any

31  such municipality shall be fully accounted for to the


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  1  supervisor.  This section does not permit the supervisor to

  2  deny a local political party's requests for absentee ballots.

  3         Section 27.  Subsection (5) of section 106.08, Florida

  4  Statutes, is reenacted and amended to read:

  5         106.08  Contributions; limitations on.--

  6         (5)(a)  A person may not make any contribution through

  7  or in the name of another, directly or indirectly, in any

  8  election.

  9         (b)  Candidates, political committees, and political

10  parties may not solicit contributions from or make

11  contributions to any religious, charitable, civic, or other

12  causes or organizations established primarily for the public

13  good.

14         (c)  Candidates, political committees, and political

15  parties may not make contributions, in exchange for political

16  support, to any religious, charitable, civic, or other cause

17  or organization established primarily for the public good.

18  However, It is not a violation of this paragraph subsection

19  for:

20         1.  A candidate, political committee, or political

21  party executive committee to make gifts of money in lieu of

22  flowers in memory of a deceased person; or for

23         2.  A candidate to continue membership in, or make

24  regular donations from personal or business funds to,

25  religious, political party, civic, or charitable groups of

26  which the candidate is a member or to which the candidate has

27  been a regular donor for more than 6 months; or.

28         3.  A candidate to may purchase, with campaign funds,

29  tickets, admission to events, or advertisements from

30  religious, civic, political party, or charitable groups.

31


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  1         Section 28.  Applicable retroactively, subsection (3)

  2  of section 106.021, Florida Statutes, is amended to read:

  3         106.021  Campaign treasurers; deputies; primary and

  4  secondary depositories.--

  5         (3)  Except for independent expenditures, no

  6  contribution or expenditure, including contributions or

  7  expenditures of a candidate or of the candidate's family,

  8  shall be directly or indirectly made or received in

  9  furtherance of the candidacy of any person for nomination or

10  election to political office in the state or on behalf of any

11  political committee except through the duly appointed campaign

12  treasurer of the candidate or political committee; however, a

13  candidate or any other individual may be reimbursed for

14  expenses incurred for travel, food and beverage, office

15  supplies, and mementos expressing gratitude to campaign

16  supporters by a check drawn upon the campaign account and

17  reported pursuant to s. 106.07(4).  In addition However,

18  expenditures may be made directly by any political committee

19  or political party regulated by chapter 103 for obtaining

20  time, space, or services in or by any communications medium

21  for the purpose of jointly endorsing three or more candidates,

22  and any such expenditure shall not be considered a

23  contribution or expenditure to or on behalf of any such

24  candidates for the purposes of this chapter.

25         Section 29.  Applicable retroactively, paragraph (a) of

26  subsection (4) of section 106.07, Florida Statutes, is amended

27  to read:

28         106.07  Reports; certification and filing.--

29         (4)(a)  Each report required by this section shall

30  contain:

31


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  1         1.  The full name, address, and  occupation, if any of

  2  each person who has made one or more contributions to or for

  3  such committee or candidate within the reporting period,

  4  together with the amount and date of such contributions. For

  5  corporations, the report must provide as clear a description

  6  as practicable of the principal type of business conducted by

  7  the corporation.  However, if the contribution is $100 or less

  8  or is from a relative, as defined in s. 112.312, provided that

  9  the relationship is reported, the occupation of the

10  contributor or the principal type of business need not be

11  listed.

12         2.  The name and address of each political committee

13  from which the reporting committee or the candidate received,

14  or to which the reporting committee or candidate made, any

15  transfer of funds, together with the amounts and dates of all

16  transfers.

17         3.  Each loan for campaign purposes to or from any

18  person or political committee within the reporting period,

19  together with the full names, addresses, and occupations, and

20  principal places of business, if any, of the lender and

21  endorsers, if any, and the date and amount of such loans.

22         4.  A statement of each contribution, rebate, refund,

23  or other receipt not otherwise listed under subparagraphs 1.

24  through 3.

25         5.  The total sums of all loans, in-kind contributions,

26  and other receipts by or for such committee or candidate

27  during the reporting period. The reporting forms shall be

28  designed to elicit separate totals for in-kind contributions,

29  loans, and other receipts.

30         6.  The full name and address of each person to whom

31  expenditures have been made by or on behalf of the committee


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  1  or candidate within the reporting period; the amount, date,

  2  and purpose of each such expenditure; and the name and address

  3  of, and office sought by, each candidate on whose behalf such

  4  expenditure was made.  However, expenditures made from the

  5  petty cash fund provided by s. 106.12 need not be reported

  6  individually.

  7         7.  The full name and address of each person to whom an

  8  expenditure for personal services, salary, or reimbursement

  9  for authorized expenses as provided in s. 106.021(3) has been

10  made and which is not otherwise reported, including the

11  amount, date, and purpose of such expenditure.  However,

12  expenditures made from the petty cash fund provided for in s.

13  106.12 need not be reported individually.

14         8.  The total amount withdrawn and the total amount

15  spent for petty cash purposes pursuant to this chapter during

16  the reporting period.

17         9.  The total sum of expenditures made by such

18  committee or candidate during the reporting period.

19         10.  The amount and nature of debts and obligations

20  owed by or to the committee or candidate, which relate to the

21  conduct of any political campaign.

22         11.  A copy of each credit card statement which shall

23  be included in the next report following receipt thereof by

24  the candidate or political committee. Receipts for each credit

25  card purchase shall be retained by the treasurer with the

26  records for the campaign account.

27         12.  The amount and nature of any separate

28  interest-bearing accounts or certificates of deposit and

29  identification of the financial institution in which such

30  accounts or certificates of deposit are located.

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    ENROLLED

    2002 Legislature                  CS for SB 618, 2nd Engrossed



  1         Section 30.  Except as otherwise provided herein, this

  2  act shall take effect upon becoming a law.

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