Bill Text: HB 1859

HB 1859

2003

A bill to be entitled

An act relating to elections; amending s. 97.021, F.S.;

providing a definition of "early voting"; amending s.

101.5612, F.S.; providing for testing of the automatic

tabulating equipment prior to the commencement of early

voting; amending s. 101.5613, F.S.; providing for the

examination of the voting device and ballot information

during early voting; amending s. 101.64, F.S.; eliminating

the witness on absentee ballots; revising the Voter’s

Certificate; amending ss. 101.6103, 101.65, and 101.68,

F.S., to conform; amending s. 101.657, F.S.; revising

provisions relating to voting an absentee ballot in person

to provide for early voting; requiring the Department of

State to establish by rule minimum standards for operation

of early voting locations; amending ss. 101.62 and

102.141, F.S., to conform; amending s. 102.014, F.S.;

requiring the Department of State to establish by rule

minimum standards for poll workers; encouraging county

governments to reassign county employees as poll workers;

requiring the supervisors of elections to work to recruit

high school and college students as poll workers;

requiring the Department of State to develop a statewide

program to recruit poll workers; amending s. 125.01, F.S.;

conforming a cross reference; repealing s. 20, ch. 2002-

281, Laws of Florida, relating to a future amendment of s.

125.01, F.S., to conform; amending ss. 99.061 and 105.031,

F.S.; providing for earlier qualifying for nomination or

election to public office; amending ss. 99.095, 99.0955,

and 99.096, F.S.; providing for earlier filing of the oath

to qualify by the alternative method; amending ss. 100.061

and 100.091, F.S.; providing for earlier primary

elections; amending s. 106.07, F.S.; providing for

additional campaign finance reporting periods; providing

an effective date.

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

Section 1. Subsections (8) through (39) of section 97.021,

Florida Statutes, are renumbered as subsections (9) through

(40), respectively, and a new subsection (8) is added to said

section, to read:

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

where the context clearly indicates otherwise, the term:

(8) "Early voting" means casting a ballot prior to

election day at a location designated by the supervisor of

elections and depositing the voted ballot in the tabulation

system.

Section 2. Subsection (2) of section 101.5612, Florida

Statutes, is amended to read:

101.5612 Testing of tabulating equipment.--

(2) On any day not more than 10 days prior to the

commencement of early voting as provided in s. 101.657~~election~~

~~day~~, the supervisor of elections shall have the automatic

tabulating equipment publicly tested to ascertain that the

equipment will correctly count the votes cast for all offices

and on all measures. Public notice of the time and place of the

test shall be given at least 48 hours prior thereto by

publication once in one or more newspapers of general

circulation in the county or, if there is no newspaper of

general circulation in the county, by posting such notice in at

least four conspicuous places in the county. The supervisor or

the municipal elections official may, at the time of qualifying,

give written notice of the time and location of such public

preelection test to each candidate qualifying with that office

and obtain a signed receipt that such notice has been given. The

Department of State shall give written notice to each statewide

candidate at the time of qualifying, or immediately at the end

of qualifying, that the voting equipment will be tested and

advise each such candidate to contact the county supervisor of

elections as to the time and location of the public preelection

test. The supervisor or the municipal elections official shall,

at least 15 days prior to the commencement of early voting as

provided in s. 101.657~~an election~~, send written notice by

certified mail to the county party chair of each political party

and to all candidates for other than statewide office whose

names appear on the ballot in the county and who did not receive

written notification from the supervisor or municipal elections

official at the time of qualifying, stating the time and

location of the public preelection test of the automatic

tabulating equipment. The canvassing board shall convene, and

each member of the canvassing board shall certify to the

accuracy of the test. For the test, the canvassing board may

designate one member to represent it. The test shall be open to

representatives of the political parties, the press, and the

public. Each political party may designate one person with

expertise in the computer field who shall be allowed in the

central counting room when all tests are being conducted and

when the official votes are being counted. Such designee shall

not interfere with the normal operation of the canvassing board.

Section 3. Section 101.5613, Florida Statutes, is amended

to read:

101.5613 Examination of equipment during voting.--A member

of the election board or, for the purposes of early voting

pursuant to s. 101.657, a representative of the supervisor of

electionsshall occasionally examine the face of the voting

device and the ballot information to determine that the device

and the ballot information have not been damaged or tampered

with.

Section 4. Subsection (3) of section 101.6103, Florida

100

Statutes, is amended to read:

101

101.6103 Mail ballot election procedure.--

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(3) The return mailing envelope shall contain a statement

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in substantially the following form:

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VOTER'S CERTIFICATE

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I, ... (Print Name) ..., do solemnly swear (or affirm)

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that I am a qualified voter in this election and that I have not

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and will not vote more than one ballot in this election.

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I understand that failure to sign this certificate and give

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my residence address will invalidate my ballot. I also

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understand that my signature will be verified against the

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signature on my voter registration record and that if my

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signatures do not match, my ballot will not count.

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... (Signature) ...

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... (Residence Address) ...

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Section 5. Paragraph (b) of subsection (4) of section

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101.62, Florida Statutes, is amended to read:

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101.62 Request for absentee ballots.--

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(4)

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(b) As soon as the remainder of the absentee ballots are

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printed, the supervisor shall provide an absentee ballot to each

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elector by whom a request for that ballot has been made by one

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of the following means:

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1. By nonforwardable, return-if-undeliverable mail to the

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elector's current mailing address on file with the supervisor,

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unless the elector specifies in the request that:

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a. The elector is absent from the county and does not plan

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to return before the day of the election;

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b. The elector is temporarily unable to occupy the

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residence because of hurricane, tornado, flood, fire, or other

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emergency or natural disaster; or

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c. The elector is in a hospital, assisted-living facility,

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nursing home, short-term medical or rehabilitation facility, or

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correctional facility,

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in which case the supervisor shall mail the ballot by

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nonforwardable, return-if-undeliverable mail to any other

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address the elector specifies in the request.

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2. By forwardable mail to voters who are entitled to vote

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by absentee ballot under the Uniformed and Overseas Citizens

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Voting Act.

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3. By personal delivery to the elector, upon presentation

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of a Florida driver’s license, a Florida identification card

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issued under s. 322.051, or another form of picture

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identification approved by the Department of State~~the~~

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~~identification required in s. 101.657~~.

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4. By delivery to a designee on election day or up to 4

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days prior to the day of an election. Any elector may designate

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in writing a person to pick up the ballot for the elector;

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however, the person designated may not pick up more than two

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absentee ballots per election, other than the designee's own

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ballot, except that additional ballots may be picked up for

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members of the designee's immediate family. For purposes of this

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section, "immediate family" means the designee's spouse or the

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parent, child, grandparent, or sibling of the designee or of the

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designee's spouse. The designee shall provide to the supervisor

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the written authorization by the elector and a picture

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identification of the designee and must complete an affidavit.

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The designee shall state in the affidavit that the designee is

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authorized by the elector to pick up that ballot and shall

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indicate if the elector is a member of the designee's immediate

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family and, if so, the relationship. The department shall

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prescribe the form of the affidavit. If the supervisor is

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satisfied that the designee is authorized to pick up the ballot

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and that the signature of the elector on the written

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authorization matches the signature of the elector on file, the

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supervisor shall give the ballot to that designee for delivery

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to the elector.

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Section 6. Section 101.64, Florida Statutes, is amended to

172

read:

173

101.64 Delivery of absentee ballots; envelopes; form.--

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(1) The supervisor shall enclose with each absentee ballot

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two envelopes: a secrecy envelope, into which the absent elector

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shall enclose his or her marked ballot; and a mailing envelope,

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into which the absent elector shall then place the secrecy

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envelope, which shall be addressed to the supervisor and also

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bear on the back side a certificate in substantially the

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following form:

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Note: Please Read Instructions Carefully Before

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Marking Ballot and Completing Voter's Certificate.

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VOTER'S CERTIFICATE

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I, _____, do solemnly swear or affirm that I am a qualified

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and registered voter of _____ County, Florida, and that I have

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not and will not vote more than one ballot in this election. I

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understand that if I commit or attempt to commit any fraud in

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connection with voting, vote a fraudulent ballot, or vote more

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than once in an election, I can be convicted of a felony of the

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third degree and fined up to $5,000 and/or imprisoned for up to

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5 years. I ~~also~~ understand that failure to sign this certificate

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~~and have my signature properly witnessed~~will invalidate my

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ballot. I also understand that my signature will be verified

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against the signature on my voter registration record and that if

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my signatures do not match, my ballot will not count.

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... (Date) ...... (Voter's Signature) ...

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201

~~Note: Your Signature Must Be Witnessed By One Witness 18 Years~~

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~~of Age or Older as provided in item 8 of the Instruction Sheet.~~

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~~I swear or affirm that the voter signed this Voter's Certificate~~

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~~in my presence.~~

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~~... (Signature of Witness) ...~~

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~~... (Address) ...~~

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~~... (City/State) ...~~

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(2) The certificate shall be arranged on the back of the

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mailing envelope so that the line~~lines~~ for the signature

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~~signatures~~ of the absent elector is~~and the attesting witness~~

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~~are~~ across the seal of the envelope; however, no statement shall

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appear on the envelope which indicates that a signature of the

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voter ~~or witness~~must cross the seal of the envelope. The absent

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elector ~~and the attesting witness~~shall execute the certificate

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on the envelope.

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Section 7. Section 101.65, Florida Statutes, is amended to

221

read:

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101.65 Instructions to absent electors.--The supervisor

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shall enclose with each absentee ballot separate printed

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instructions in substantially the following form:

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READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

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1. VERY IMPORTANT. In order to ensure that your absentee

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ballot will be counted, it should be completed and returned as

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soon as possible so that it can reach the supervisor of

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elections of the county in which your precinct is located no

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later than 7 p.m. on the day of the election.

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2. Mark your ballot in secret as instructed on the ballot.

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You must mark your own ballot unless you are unable to do so

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because of blindness, disability, or inability to read or write.

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3. Place your marked ballot in the enclosed secrecy

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envelope.

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4. Insert the secrecy envelope into the enclosed mailing

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envelope which is addressed to the supervisor.

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5. Seal the mailing envelope and completely fill out the

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Voter's Certificate on the back of the mailing envelope.

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6. VERY IMPORTANT. In order for your absentee ballot to be

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counted, you must sign your name on the line above (Voter's

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Signature). Your signature on the Voter’s Certificate will be

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verified against the signature on your voter registration record.

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If the signatures do not match, your ballot will not count.

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7. VERY IMPORTANT. If you are an overseas voter, you must

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include the date you signed the Voter's Certificate on the line

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above (Date) or your ballot may not be counted.

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~~8. VERY IMPORTANT. In order for your absentee ballot to be~~

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~~counted, it must include the signature and address of a witness~~

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~~18 years of age or older affixed to the Voter's Certificate. No~~

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~~candidate may serve as an attesting witness.~~

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8.9.Mail, deliver, or have delivered the completed

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mailing envelope. Be sure there is sufficient postage if mailed.

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9.~~10.~~FELONY NOTICE. It is a felony under Florida law to

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accept any gift, payment, or gratuity in exchange for your vote

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for a candidate. It is also a felony under Florida law to vote

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in an election using a false identity or false address, or under

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any other circumstances making your ballot false or fraudulent.

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Section 8. Section 101.657, Florida Statutes, is amended

261

to read:

262

101.657 Early voting ~~absentee ballots in person~~.--

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~~(1) Any qualified and registered elector may pick up and~~

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~~vote an absentee ballot in person at the office of, and under~~

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~~the supervision of, the supervisor of elections. Before~~

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~~receiving the ballot, the elector must present a Florida~~

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~~driver's license, a Florida identification card issued under s.~~

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~~322.051, or another form of picture identification approved by~~

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~~the Department of State. If the elector fails to furnish the~~

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~~required identification, or if the supervisor is in doubt as to~~

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~~the identity of the elector, the supervisor must follow the~~

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~~procedure prescribed in s. 101.49.~~

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(1)~~(2)As an alternative to the provisions of ss. 101.64~~

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~~and 101.65,~~ The supervisor of elections shall~~may~~allow an

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elector to vote early~~cast an absentee ballot~~in the main or

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branch office of the supervisor by depositing the voted ballot

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in a voting device used by the supervisor to collect or tabulate

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ballots. The results or tabulation may not be made before the

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close of the polls on election day.

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(a) The elector must provide picture identification and

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must complete an Early Voting~~In-Office~~Voter Certificate in

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substantially the following form:

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EARLY VOTING ~~IN-OFFICE~~ VOTER CERTIFICATE

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I, _____, am a qualified elector in this election and registered

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voter of _____ County, Florida. I do solemnly swear or affirm

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that I am the person so listed on the voter registration rolls

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of _____ County and that I reside at the listed address. I

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understand that if I commit or attempt to commit fraud in

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connection with voting, vote a fraudulent ballot, or vote more

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than once in an election I could be convicted of a felony of the

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third degree and both fined up to $5,000 and imprisoned for up

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to 5 years. I understand that my failure to sign this

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certificate ~~and have my signature witnessed~~invalidates my

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ballot.

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... (Voter's Signature) ...

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... (Address) ...

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... (City/State) ...

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~~... (Name of Witness) ...~~

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~~... (Signature of Witness) ...~~

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... (Type of identification provided) ...

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(b) Any elector may challenge an elector seeking to vote

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early~~cast an absentee ballot~~under the provisions of s.

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101.111. Any challenged voter~~ballot~~ must vote~~be placed in~~ a

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provisional~~regular absentee~~ ballot ~~envelope~~. The canvassing

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board shall review the ballot and decide the validity of the

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ballot by majority vote.

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subsection shall be substantially the same as votes cast by

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electors in precincts, as provided in s. 101.5614.

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(2) The Department of State shall adopt a rule establishing

321

minimum standards for the operation of early voting locations.

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The rule shall include, but not be limited to, the following:

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(a) Days and hours of operation.

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(b) Security of voted ballots.

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materials to the canvassing board.

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Section 9. Paragraph (c) of subsection (2) of section

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101.68, Florida Statutes, is amended to read:

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101.68 Canvassing of absentee ballot.--

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(2)

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not already done so, compare the signature of the elector on the

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voter's certificate with the signature of the elector in the

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registration books to see that the elector is duly registered in

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the county and to determine the legality of that absentee

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ballot. An absentee ballot shall be considered illegal if it

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does not include the signature of the elector, as shown by the

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registration records~~, and the signature and address of an~~

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~~attesting witness~~. However, an absentee ballot shall not be

340

considered illegal if the signature of the elector ~~or attesting~~

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~~witness~~does not cross the seal of the mailing envelope. If the

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canvassing board determines that any ballot is illegal, a member

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of the board shall, without opening the envelope, mark across

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the face of the envelope: "rejected as illegal." The envelope

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and the ballot contained therein shall be preserved in the

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manner that official ballots voted are preserved.

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2. If any elector or candidate present believes that an

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absentee ballot is illegal due to a defect apparent on the

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voter's certificate, he or she may, at any time before the

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ballot is removed from the envelope, file with the canvassing

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board a protest against the canvass of that ballot, specifying

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the precinct, the ballot, and the reason he or she believes the

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ballot to be illegal. A challenge based upon a defect in the

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voter's certificate may not be accepted after the ballot has

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been removed from the mailing envelope.

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Section 10. Section 102.014, Florida Statutes, is amended

357

to read:

358

102.014 Poll worker recruitment and training.--

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(1) The supervisor of elections shall conduct training for

360

inspectors, clerks, and deputy sheriffs prior to each primary,

361

general, and special election for the purpose of instructing

362

such persons in their duties and responsibilities as election

363

officials. A certificate may be issued by the supervisor of

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elections to each person completing such training. No person

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shall serve as an inspector, clerk, or deputy sheriff for an

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election unless such person has completed the training as

367

required. ~~A clerk may not work at the polls unless he or she~~

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~~demonstrates a working knowledge of the laws and procedures~~

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~~relating to voter registration, voting system operation,~~

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~~balloting and polling place procedures, and problem-solving and~~

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~~conflict-resolution skills.~~

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(2) The Department of State shall, by rule, establish

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minimum standards that each potential poll worker must meet prior

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to being allowed to work at the polls. Such rules shall, at a

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minimum, require each poll worker to demonstrate that he or she

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has a working knowledge of the laws and procedures for the

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position that he or she is to perform at the polls on election

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day.

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(3)~~(2)~~A person who has attended previous training

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conducted within 2 years before the election may be appointed by

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the supervisor to fill a vacancy on election day. If no person

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with prior training is available to fill such vacancy, the

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supervisor of elections may fill such vacancy in accordance with

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the provisions of subsection (4)~~(3)~~from among persons who have

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not received the training required by this section.

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(4)~~(3)~~In the case of absence or refusal to act on the

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part of any inspector or clerk at any precinct on the day of an

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election, the supervisor shall appoint a replacement who meets

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the qualifications prescribed in s. 102.012(2). The inspector or

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clerk so appointed shall be a member of the same political party

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as the clerk or inspector whom he or she replaces.

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(5)~~(4)~~Each supervisor of elections shall be responsible

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for training inspectors and clerks, subject to the following

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minimum requirements:

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

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he or she has had a minimum of 3 hours of training prior to each

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election.

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

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has had a minimum of 2 hours of training prior to each election.

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second primary elections shall be considered one election.

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(6)~~(5)~~The Department of State shall create a uniform

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polling place procedures manual and adopt the manual by rule.

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Each supervisor of elections shall ensure that the manual is

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available in hard copy or electronic form in every precinct in

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the supervisor's jurisdiction on election day. The manual shall

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guide inspectors, clerks, and deputy sheriffs in the proper

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implementation of election procedures and laws. The manual shall

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be indexed by subject, and written in plain, clear, unambiguous

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language. The manual shall provide specific examples of common

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problems encountered at the polls on election day, and detail

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specific procedures for resolving those problems. The manual

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shall include, without limitation:

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(a) Regulations governing solicitation by individuals and

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groups at the polling place;

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(b) Procedures to be followed with respect to voters whose

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names are not on the precinct register;

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(d) Ballot handling procedures;

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(e) Procedures governing spoiled ballots;

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(f) Procedures to be followed after the polls close;

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(g) Rights of voters at the polls;

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(h) Procedures for handling emergency situations;

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(i) Procedures for dealing with irate voters;

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(j) The handling and processing of provisional ballots;

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and

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(k) Security procedures.

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The Department of State shall revise the manual as necessary to

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address new procedures in law or problems encountered by voters

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and poll workers at the precincts.

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(7)~~(6)~~Supervisors of elections shall work with the

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business and local community to develop public-private programs

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to ensure the recruitment of skilled inspectors and clerks.

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

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statewide, and uniform program for training poll workers on

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issues of etiquette and sensitivity with respect to voters

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having a disability. The program must consist of approximately 1

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hour of the required number of hours set forth in paragraph

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

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supervisor of elections, who shall periodically certify to the

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Department of State whether each poll worker has completed the

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program. The supervisor of elections shall contract with a

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recognized disability-related organization, such as a center for

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independent living, family network on disabilities, deaf service

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bureau, or other such organization, to develop and assist with

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training the trainers in the disability sensitivity programs.

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The program must include actual demonstrations of obstacles

449

confronted by disabled persons during the voting process,

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including obtaining access to the polling place, traveling

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through the polling area, and using the voting system.

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(9) County governments are encouraged to assist the

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supervisor of elections by reassigning county employees to serve

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as poll workers on election day.

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(10) Supervisors of elections shall work with high schools,

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community colleges, and universities to recruit high school and

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college students to serve as poll workers.

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(11) The Department of State shall develop a statewide

459

program to encourage citizens of the state to serve as poll

460

workers.

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Section 11. Subsections (2) and (3) of section 102.141,

462

Florida Statutes, are amended to read:

463

102.141 County canvassing board; duties.--

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

465

accessible to the public in the county where the election

466

occurred at a time and place to be designated by the supervisor

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of elections to publicly canvass the absentee electors' ballots

468

as provided for in s. 101.68 and provisional ballots as provided

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by s. 101.048. Public notice of the time and place at which the

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county canvassing board shall meet to canvass the absentee

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electors' ballots and provisional ballots shall be given at

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least 48 hours prior thereto by publication once in one or more

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newspapers of general circulation in the county or, if there is

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no newspaper of general circulation in the county, by posting

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such notice in at least four conspicuous places in the county.

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As soon as the absentee electors' ballots and the provisional

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ballots are canvassed, the board shall proceed to publicly

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canvass the vote given each candidate, nominee, constitutional

479

amendment, or other measure submitted to the electorate of the

480

county, as shown by the returns then on file in the office of

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the supervisor of elections and the office of the county court

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judge from the precincts and from the early voting locations.

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(3) The canvass, except the canvass of absentee electors'

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returns and the canvass of provisional ballots, shall be made

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from the returns and certificates of the inspectors as signed

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and filed by them with the county court judge and supervisor,

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respectively, and the county canvassing board shall not change

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the number of votes cast for a candidate, nominee,

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constitutional amendment, or other measure submitted to the

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electorate of the county, respectively, in any polling place, as

491

shown by the returns. All returns shall be made to the board on

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or before 2 a.m. of the day following any primary, general,

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special, or other election. If the returns from any precinct or

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early voting locationare missing, if there are any omissions on

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the returns from any precinct or early voting location, or if

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there is an obvious error on any such returns, the canvassing

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board shall order a recount of the returns from such precinct or

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early voting location. Before canvassing such returns, the

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canvassing board shall examine the tabulation of the ballots

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cast in such precinct or early voting locationand determine

501

whether the returns correctly reflect the votes cast. If there

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is a discrepancy between the returns and the tabulation of the

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ballots cast, the tabulation of the ballots cast shall be

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presumed correct and such votes shall be canvassed accordingly.

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Section 12. Paragraph (y) of subsection (1) of section

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125.01, Florida Statutes, is amended to read:

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125.01 Powers and duties.--

508

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

509

have the power to carry on county government. To the extent not

510

inconsistent with general or special law, this power includes,

511

but is not restricted to, the power to:

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

513

primary election, general election, or otherwise called special

514

election, when agreed to by a majority vote of the total

515

membership of the legislative and governing body, so as to

516

obtain an expression of elector sentiment with respect to

517

matters of substantial concern within the county. No special

518

election may be called for the purpose of conducting a straw

519

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

520

associated with any ballot question or election called

521

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

522

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

523

part as the case may warrant.

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Section 13. Section 20 of chapter 2002-281, Laws of

525

Florida, is repealed.

526

Section 14. Subsections (1) and (2) of section 99.061,

527

Florida Statutes, are amended to read:

528

99.061 Method of qualifying for nomination or election to

529

federal, state, county, or district office.--

530

(1) The provisions of any special act to the contrary

531

notwithstanding, each person seeking to qualify for nomination

532

or election to a federal, state, or multicounty district office,

533

other than election to a judicial office as defined in chapter

534

105 or the office of school board member, shall file his or her

535

qualification papers with, and pay the qualifying fee, which

536

shall consist of the filing fee and election assessment, and

537

party assessment, if any has been levied, to, the Department of

538

State, or qualify by the alternative method with the Department

539

of State, at any time after noon of the 1st day for qualifying,

540

which shall be as follows: the 120th day prior to the first

541

primary, but not later than noon of the 116th day prior to the

542

date of the first primary, for persons seeking to qualify for

543

nomination or election to federal office; and noon of the 64th

544

~~50th~~day prior to the first primary, but not later than noon of

545

the 60th~~46th~~day prior to the date of the first primary, for

546

persons seeking to qualify for nomination or election to a state

547

or multicounty district office.

548

(2) The provisions of any special act to the contrary

549

notwithstanding, each person seeking to qualify for nomination

550

or election to a county office, or district or special district

551

office not covered by subsection (1), shall file his or her

552

qualification papers with, and pay the qualifying fee, which

553

shall consist of the filing fee and election assessment, and

554

party assessment, if any has been levied, to, the supervisor of

555

elections of the county, or shall qualify by the alternative

556

method with the supervisor of elections, at any time after noon

557

of the 1st day for qualifying, which shall be the 64th~~50th~~day

558

prior to the first primary or special district election, but not

559

later than noon of the 60th~~46th~~day prior to the date of the

560

first primary or special district election. However, if a

561

special district election is held at the same time as the second

562

primary or general election, qualifying shall be the 50th day

563

prior to the first primary, but not later than noon of the 46th

564

day prior to the date of the first primary. Within 30 days after

565

the closing of qualifying time, the supervisor of elections

566

shall remit to the secretary of the state executive committee of

567

the political party to which the candidate belongs the amount of

568

the filing fee, two-thirds of which shall be used to promote the

569

candidacy of candidates for county offices and the candidacy of

570

members of the Legislature.

571

Section 15. Subsection (1) of section 99.095, Florida

572

Statutes, is amended to read:

573

99.095 Alternative method of qualifying.--

574

(1) A person seeking to qualify for nomination to any

575

office may qualify to have his or her name placed on the ballot

576

for the first primary election by means of the petitioning

577

process prescribed in this section. A person qualifying by this

578

alternative method shall not be required to pay the qualifying

579

fee or party assessment required by this chapter. A person using

580

this petitioning process shall file an oath with the officer

581

before whom the candidate would qualify for the office stating

582

that he or she intends to qualify by this alternative method for

583

the office sought. If the person is running for an office which

584

will be grouped on the ballot with two or more similar offices

585

to be filled at the same election, the candidate must indicate

586

in his or her oath for which group or district office he or she

587

is running. The oath shall be filed at any time after the first

588

Tuesday after the first Monday in November~~January~~ of the year

589

immediately preceding the yearin which the first primary is

590

held, but prior to the 21st day preceding the first day of the

591

qualifying period for the office sought. The Department of State

592

shall prescribe the form to be used in administering and filing

593

such oath. No signatures shall be obtained by a candidate on any

594

nominating petition until the candidate has filed the oath

595

required in this section. If the person is running for an office

596

which will be grouped on the ballot with two or more similar

597

offices to be filled at the same election and the petition does

598

not indicate the group or district office for which the person

599

is running, the signatures obtained on such petition will not be

600

counted.

601

Section 16. Paragraph (a) of subsection (3) of section

602

99.0955, Florida Statutes, is amended to read:

603

99.0955 Candidates with no party affiliation; name on

604

general election ballot.--

605

(3)(a) A candidate with no party affiliation may, in lieu

606

of paying the qualifying fee, qualify for office by the

607

alternative method prescribed in this subsection. A candidate

608

using this petitioning process shall file an oath with the

609

officer before whom the candidate would qualify for the office

610

stating that he or she intends to qualify by this alternative

611

method. If the person is running for an office that requires a

612

group or district designation, the candidate must indicate the

613

designation in his or her oath. The oath shall be filed at any

614

time after the first Tuesday after the first Monday in November

615

~~January~~ of the year immediately preceding the yearin which the

616

election is held, but before the 21st day preceding the first

617

day of the qualifying period for the office sought. The

618

Department of State shall prescribe the form to be used in

619

administering and filing the oath. Signatures may not be

620

obtained by a candidate on any petition until the candidate has

621

filed the oath required in this subsection. Upon receipt of the

622

written oath from a candidate, the qualifying officer shall

623

provide the candidate with petition forms in sufficient numbers

624

to facilitate the gathering of signatures. If the candidate is

625

running for an office that requires a group or district

626

designation, the petition must indicate that designation or the

627

signatures obtained on the petition will not be counted.

628

Section 17. Paragraph (a) of subsection (3) of section

629

99.096, Florida Statutes, is amended to read:

630

99.096 Minor party candidates; names on ballot.--

631

(3)(a) A minor party candidate may, in lieu of paying the

632

qualifying fee and party assessment, qualify for office by the

633

alternative method prescribed in this subsection. A candidate

634

using this petitioning process shall file an oath with the

635

officer before whom the candidate would qualify for the office

636

stating that he or she intends to qualify by this alternative

637

method. If the person is running for an office that requires a

638

group or district designation, the candidate must indicate the

639

designation in his or her oath. The oath must be filed at any

640

time after the first Tuesday after the first Monday in November

641

~~January~~ of the year immediately preceding the yearin which the

642

election is held, but before the 21st day preceding the first

643

day of the qualifying period for the office sought. The

644

Department of State shall prescribe the form to be used in

645

administering and filing the oath. Signatures may not be

646

obtained by a candidate on any petition until the candidate has

647

filed the oath required in this section. Upon receipt of the

648

written oath from a candidate, the qualifying officer shall

649

provide the candidate with petition forms in sufficient numbers

650

to facilitate the gathering of signatures. If the candidate is

651

running for an office that requires a group or district

652

designation, the petition must indicate that designation or the

653

signatures on such petition will not be counted.

654

Section 18. Section 100.061, Florida Statutes, is amended

655

to read:

656

100.061 First primary election.--In each year in which a

657

general election is held, a first primary election for

658

nomination of candidates of political parties shall be held on

659

the Tuesday 159weeks prior to the general election. Each

660

candidate receiving a majority of the votes cast in each contest

661

in the first primary election shall be declared nominated for

662

such office. A second primary election shall be held as provided

663

by s. 100.091 in every contest in which a candidate does not

664

receive a majority.

665

Section 19. Subsection (1) of section 100.091, Florida

666

Statutes, is amended to read:

667

100.091 Second primary election.--

668

(1) In each year in which a general election is held, a

669

second primary election for nomination of candidates of

670

political parties where nominations were not made in the first

671

primary election shall be held on the Tuesday 85weeks prior to

672

the general election.

673

Section 20. Subsection (1) of section 105.031, Florida

674

Statutes, is amended to read:

675

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

676

required to be filed.--

677

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

678

judicial office, nonpartisan candidates for multicounty office

679

shall qualify with the Division of Elections of the Department

680

of State and nonpartisan candidates for countywide or less than

681

countywide office shall qualify with the supervisor of

682

elections. Candidates for judicial office other than the office

683

of county court judge shall qualify with the Division of

684

Elections of the Department of State, and candidates for the

685

office of county court judge shall qualify with the supervisor

686

of elections of the county. Candidates for judicial office shall

687

qualify no earlier than noon of the 120th day, and no later than

688

noon of the 116th day, before the first primary election.

689

Candidates for the office of school board member shall qualify

690

no earlier than noon of the 64th~~50th~~day, and no later than

691

noon of the 60th~~46th~~day, before the first primary election.

692

Filing shall be on forms provided for that purpose by the

693

Division of Elections and furnished by the appropriate

694

qualifying officer. Any person seeking to qualify by the

695

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

696

has submitted the necessary petitions by the required deadline

697

and is notified after the fifth day prior to the last day for

698

qualifying that the required number of signatures has been

699

obtained, shall be entitled to subscribe to the candidate's oath

700

and file the qualifying papers at any time within 5 days from

701

the date he or she is notified that the necessary number of

702

signatures has been obtained. Any person other than a write-in

703

candidate who qualifies within the time prescribed in this

704

subsection shall be entitled to have his or her name printed on

705

the ballot.

706

Section 21. Paragraphs (a) and (b) of subsection (1) of

707

section 106.07, Florida Statutes, are amended to read:

708

106.07 Reports; certification and filing.--

709

(1) Each campaign treasurer designated by a candidate or

710

political committee pursuant to s. 106.021 shall file regular

711

reports of all contributions received, and all expenditures

712

made, by or on behalf of such candidate or political committee.

713

Reports shall be filed on the 10th day following the end of each

714

calendar quarter from the time the campaign treasurer is

715

appointed, except that, if the 10th day following the end of a

716

calendar quarter occurs on a Saturday, Sunday, or legal holiday,

717

the report shall be filed on the next following day which is not

718

a Saturday, Sunday, or legal holiday. Quarterly reports shall

719

include all contributions received and expenditures made during

720

the calendar quarter which have not otherwise been reported

721

pursuant to this section.

722

(a) Except as provided in paragraph (b), following the

723

last day of qualifying for office, the reports shall be filed on

724

the 46th,32nd, 18th, and 4th days immediately preceding the

725

first primary and on the 32nd, 18th,and 4th days immediately

726

preceding the second primary and general election, for a

727

candidate who is opposed in seeking nomination or election to

728

any office, for a political committee, or for a committee of

729

continuous existence.

730

(b) Following the last day of qualifying for office, any

731

statewide candidate who has requested to receive contributions

732

from the Election Campaign Financing Trust Fund or any statewide

733

candidate in a race with a candidate who has requested to

734

receive contributions from the trust fund shall file reports on

735

the 4th, 11th, 18th, 25th, ~~and~~ 32nd, 39th, and 46thdays prior

736

to the first primary and general elections, and on the 4th,

737

11th, 18th, ~~and~~ 25th, 32nd, and 39thdays prior to the second

738

primary.

739

Section 22. This act shall take effect January 1, 2004.