HB 1413 2003
1	A bill to be entitled
2	An act relating to elections; providing a popular name;
3	amending s. 97.041, F.S.; providing for automatic
4	restoration of former felons’ right to vote following
5	completion and satisfaction of sentence of incarceration
6	and community supervision; providing conditions for such
7	automatic restoration; amending ss. 97.052, 97.053, and
8	98.0977, to conform; providing a conditional effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Popular name.--This act shall be known by the
14	popular name the “Citizens’ Empowerment Act.”
15	Section 2. Paragraph (b) of subsection (2) of section
16	97.041, Florida Statutes, is amended to read:
17	97.041 Qualifications to register or vote.--
18	(2) The following persons, who might be otherwise
19	qualified, are not entitled to register or vote:
20	(b) A person who has been convicted of any felony by any
21	court of record; such a person’s right to register or vote is
22	automatically restored by operation of law 1 year after
23	completion and satisfaction of all sentences imposed upon such
24	person. For the purposes of this paragraph, “completion and
25	satisfaction of all sentences” occurs when a person is released
26	from incarceration upon expiration of sentence and has achieved
27	or completed all other nonmonetary terms and conditions of the
28	sentence or subsequent supervision or, if the person has not
29	been incarcerated for a felony offense, has achieved or
30	completed all nonmonetary terms and conditions of community
31	supervision imposed by a courtand who has not had his or her
32	right to vote restored pursuant to law. If a majority of the
33	Board of Executive Clemency objects before the automatic
34	restoration of the right to register or vote, such rights shall
35	be restored only upon application to, and approval by, the Board
36	of Executive Clemency.
37	Section 3. Subsection (2) of section 97.052, Florida
38	Statutes, is amended to read:
39	97.052 Uniform statewide voter registration application.--
40	(2) The uniform statewide voter registration application
41	must be designed to elicit the following information from the
42	applicant:
43	(a) Full name.
44	(b) Date of birth.
45	(c) Address of legal residence.
46	(d) Mailing address, if different.
47	(e) County of legal residence.
48	(f) Address of property for which the applicant has been
49	granted a homestead exemption, if any.
50	(g) Race or ethnicity that best describes the applicant:
51	1. American Indian or Alaskan Native.
52	2. Asian or Pacific Islander.
53	3. Black, not Hispanic.
54	4. White, not Hispanic.
55	5. Hispanic.
56	(h) State or country of birth.
57	(i) Sex.
58	(j) Party affiliation.
59	(k) Whether the applicant needs assistance in voting.
60	(l) Name and address where last registered.
61	(m) Last four digits of the applicant's social security
62	number.
63	(n) Florida driver's license number or the identification
64	number from a Florida identification card issued under s.
65	322.051.
66	(o) Telephone number (optional).
67	(p) Signature of applicant under penalty for false
68	swearing pursuant to s. 104.011, by which the person subscribes
69	to the oath required by s. 3, Art. VI of the State Constitution
70	and s. 97.051, and swears or affirms that the information
71	contained in the registration application is true.
72	(q) Whether the application is being used for initial
73	registration, to update a voter registration record, or to
74	request a replacement registration identification card.
75	(r) Whether the applicant is a citizen of the United
76	States.
77	(s) That the applicant has not been convicted of a felony
78	or, if convicted, has had his or her votingcivilrights
79	restored.
80	(t) That the applicant has not been adjudicated mentally
81	incapacitated with respect to voting or, if so adjudicated, has
82	had his or her right to vote restored.
83
84	The registration form must be in plain language and designed so
85	that convicted felons whose votingcivilrights have been
86	restored and persons who have been adjudicated mentally
87	incapacitated and have had their voting rights restored are not
88	required to reveal their prior conviction or adjudication.
89	Section 4. Paragraph (a) of subsection (5) of section
90	97.053, Florida Statutes, is amended to read:
91	97.053 Acceptance of voter registration applications.--
92	(5)(a) A voter registration application is complete if it
93	contains:
94	1. The applicant's name.
95	2. The applicant's legal residence address.
96	3. The applicant's date of birth.
97	4. An indication that the applicant is a citizen of the
98	United States.
99	5. The last four digits of the applicant's social security
100	number.
101	6. An indication that the applicant has not been convicted
102	of a felony or that, if convicted, has had his or her voting
103	civilrights restored.
104	7. An indication that the applicant has not been
105	adjudicated mentally incapacitated with respect to voting or
106	that, if so adjudicated, has had his or her right to vote
107	restored.
108	8. Signature of the applicant swearing or affirming under
109	the penalty for false swearing pursuant to s. 104.011 that the
110	information contained in the registration application is true
111	and subscribing to the oath required by s. 3, Art. VI of the
112	State Constitution and s. 97.051.
113	Section 5. Subsection (1) of section 98.0977, Florida
114	Statutes, is amended to read:
115	98.0977 Statewide voter registration database; development
116	and maintenance.--
117	(1) From the funds appropriated, the department may
118	contract with the Florida Association of Court Clerks to
119	analyze, design, develop, operate, and maintain a statewide, on-
120	line voter registration database and associated website, to be
121	fully operational statewide by June 1, 2002. The database shall
122	contain voter registration information from each of the 67
123	supervisors of elections in this state and shall be accessible
124	through an Internet website. The system shall provide
125	functionality for ensuring that the database is updated on a
126	daily basis to determine if a registered voter is ineligible to
127	vote for any of the following reasons, including, but not
128	limited to:
129	(a) The voter is deceased;
130	(b) The voter has been convicted of a felony and has not
131	had his or her votingcivilrights restored; or
132	(c) The voter has been adjudicated mentally incompetent
133	and his or her mental capacity with respect to voting has not
134	been restored.
135
136	The database shall also allow for duplicate voter registrations
137	to be identified.
138	Section 6. This act shall take effect on the effective
139	date of House Joint Resolution No.__ or another amendment to the
140	State Constitution which authorizes, or removes impediments to,
141	enactment of this act by the Legislature.