Senate Bill sb2820

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    Florida Senate - 2003                                  SB 2820

    By Senator Fasano





    11-1581A-03

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; redesignating "paper ballots" as

  4         "marksense ballots" and redefining the term

  5         "voting system"; amending s. 97.052, F.S.;

  6         providing an additional purpose for statewide

  7         voter registration applications; amending s.

  8         99.095, F.S.; revising procedures for

  9         qualification by petition; amending s. 99.0955,

10         F.S.; revising method of qualification by

11         candidates with no party affiliation; amending

12         s. 99.096, F.S.; revising method of

13         qualification by minor party candidates;

14         amending s. 100.011, F.S.; providing that

15         electors in line to vote at the closing of the

16         polls must be allowed to vote; amending s.

17         100.111, F.S.; revising procedures to be

18         followed in the event of a vacancy in

19         nomination; amending s. 101.031, F.S.; revising

20         provisions regarding the responsibility for

21         furnishing instructions for electors; amending

22         s. 101.131, F.S.; revising the number of

23         authorized poll watchers; providing for certain

24         political committees to have poll watchers;

25         revising provisions for designation of poll

26         watchers; amending s. 101.151, F.S.; revising

27         specifications for ballots; amending s.

28         101.171, F.S.; providing for copies of

29         constitutional amendments to be provided in

30         booklet or poster form; amending s. 101.253,

31         F.S.; prescribing duties of the supervisor of

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 1         elections with respect to ballots in cases of

 2         vacancy in nomination; amending s. 101.5606,

 3         F.S.; conforming to a change in terminology;

 4         amending s. 101.595, F.S.; revising duties of

 5         the supervisor of elections with respect to

 6         reporting undervotes and overvotes; amending s.

 7         101.694, F.S.; revising guidelines for absentee

 8         envelopes; amending s. 102.012, F.S.; providing

 9         for a single election board in each precinct;

10         amending s. 102.111, F.S.; allowing the

11         Elections Canvassing Commission to delegate the

12         authority to order recounts to the chief

13         election officer; amending s. 102.071, F.S.;

14         deleting the requirement that the certificate

15         of results be prepared in triplicate; amending

16         s. 102.141, F.S.; deleting the requirement that

17         the canvass be filed with the county court

18         judge; clarifying responsibility for ordering

19         recounts; amending s. 102.166, F.S.; clarifying

20         responsibility for ordering manual recounts;

21         amending s. 102.168, F.S.; revising provisions

22         with respect to the time for contesting an

23         election; declaring the county canvassing board

24         and the Elections Canvassing Commission

25         indispensable parties in contested elections;

26         amending s. 105.031, F.S.; exempting write-in

27         candidates for certain office from payment of

28         the qualifying fee; amending s. 105.035, F.S.;

29         revising procedures for qualifying as write-in

30         candidate for judicial or school board office

31         by petition; amending s. 106.011, F.S.;

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 1         defining the term "eliminated candidate";

 2         creating s. 106.0705, F.S.; providing for

 3         electronic filing of campaign treasurer's

 4         reports; providing standards and guidelines;

 5         amending s. 106.075, F.S.; revising

 6         requirements with respect to reporting loans;

 7         amending s. 106.08, F.S.; prohibiting

 8         candidates from expending funds from campaign

 9         accounts to obtain endorsements; amending s.

10         106.087, F.S.; exempting committees of

11         continuous existence from certain prohibitions

12         with respect to expenditures; amending s.

13         106.09, F.S.; prohibiting acceptance of certain

14         contributions made by money order; providing

15         penalties; amending s. 106.11, F.S.; revising

16         provisions relating to reporting use of credit

17         cards and debit cards; repealing s. 98.181,

18         F.S., relating to the supervisor of elections

19         making up indexes or records; repealing s.

20         101.635, F.S., relating to distribution of

21         blocks of printed ballots; repealing s.

22         102.061, F.S., relating to duties of election

23         boards; repealing s. 106.085, F.S., relating to

24         independent expenditures; repealing s. 106.144,

25         F.S., relating to endorsements or opposition by

26         certain groups and organizations; providing an

27         effective date.

28  

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

30  

31  

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 1         Section 1.  Subsections (3) and (39) of section 97.021,

 2  Florida Statutes, are amended to read:

 3         97.021  Definitions.--For the purposes of this code,

 4  except where the context clearly indicates otherwise, the

 5  term:

 6         (3)  "Ballot" or "official ballot" when used in

 7  reference to:

 8         (a)  "Marksense Paper ballots" means that printed sheet

 9  of paper, used in conjunction with an electronic or

10  electromechanical vote tabulation voting system, containing

11  the names of candidates, or a statement of proposed

12  constitutional amendments or other questions or propositions

13  submitted to the electorate at any election, on which sheet of

14  paper an elector casts his or her vote.

15         (b)  "Electronic or electromechanical devices" means a

16  ballot that is voted by the process of electronically

17  designating, including by touchscreen, or marking with a

18  marking device for tabulation by automatic tabulating

19  equipment or data processing equipment.

20         (39)  "Voting system" means a method of casting and

21  processing votes that functions wholly or partly by use of

22  electromechanical or electronic apparatus or by use of

23  marksense paper ballots and includes, but is not limited to,

24  the procedures for casting and processing votes and the

25  programs, operating manuals, supplies tabulating cards,

26  printouts, and other software necessary for the system's

27  operation.

28         Section 2.  Subsection (1) of section 97.052, Florida

29  Statutes, is amended to read:

30         97.052  Uniform statewide voter registration

31  application.--

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 1         (1)  The department shall prescribe a uniform statewide

 2  voter registration application for use in this state.

 3         (a)  The uniform statewide voter registration

 4  application must be accepted for any one or more of the

 5  following purposes:

 6         1.  Initial registration.

 7         2.  Change of address.

 8         3.  Change of party affiliation.

 9         4.  Change of name.

10         5.  Replacement of voter registration identification

11  card.

12         6.  Signature update.

13         (b)  The department is responsible for printing the

14  uniform statewide voter registration application and the voter

15  registration application form prescribed by the Federal

16  Election Commission pursuant to the National Voter

17  Registration Act of 1993. The applications and forms must be

18  distributed, upon request, to the following:

19         1.  Individuals seeking to register to vote.

20         2.  Individuals or groups conducting voter registration

21  programs. A charge of 1 cent per application shall be assessed

22  on requests for 10,000 or more applications.

23         3.  The Department of Highway Safety and Motor

24  Vehicles.

25         4.  Voter registration agencies.

26         5.  Armed forces recruitment offices.

27         6.  Qualifying educational institutions.

28         7.  Supervisors, who must make the applications and

29  forms available in the following manner:

30         a.  By distributing the applications and forms in their

31  offices to any individual or group.

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 1         b.  By distributing the applications and forms at other

 2  locations designated by each supervisor.

 3         c.  By mailing the applications and forms to applicants

 4  upon the request of the applicant.

 5         (c)  The uniform statewide voter registration

 6  application may be reproduced by any of the entities described

 7  in paragraph (b) private individual or group, provided the

 8  reproduced application is in the same format as the

 9  application prescribed under this section.

10         Section 3.  Section 99.095, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 99.095, F.S., for present text.)

14         99.095  Petition process in lieu of qualifying fee and

15  party assessment.--

16         (1)  A person seeking to qualify as a candidate for any

17  office is not required to pay the qualifying fee or party

18  assessment required by this chapter if he or she meets the

19  petition requirements of this section.

20         (2)(a)  A candidate shall obtain the signatures of

21  voters in the geographical area represented by the office

22  sought equal to at least 1 percent of the total number of

23  voters of the geographical area, as shown by the compilation

24  by the department for the last preceding general election. No

25  signature may be obtained until the candidate has filed the

26  appointment of campaign treasurer and designation of campaign

27  depository pursuant to s. 106.021.

28         (b)  The format of the petition shall be prescribed by

29  the division and shall be used by candidates to reproduce

30  petitions for circulation. If the candidate is running for an

31  office that requires a group or district designation, the

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 1  petition must indicate that designation or the signatures are

 2  not valid. A separate petition is required for each candidate.

 3         (3)  Each petition must be submitted before noon of the

 4  28th day preceding the first day of the qualifying period for

 5  the office sought to the supervisor of elections of the county

 6  in which such petition was circulated. Each supervisor shall

 7  check the signatures on the petitions to verify their status

 8  as voters in the county, district, or other geographical area

 9  represented by the office sought. No later than the 7th day

10  before the first day of the qualifying period, the supervisor

11  shall certify the number of valid signatures.

12         (4)(a)  Certifications for candidates for federal,

13  state, or multicounty district office shall be submitted to

14  the division. The division shall determine whether the

15  required number of signatures has been obtained and shall

16  notify the candidate.

17         (b)  For the candidates for county or district office

18  not covered by paragraph (a), the supervisor shall determine

19  whether the required number of signatures has been obtained

20  and shall notify the candidate.

21         (5)  If the required number of signatures has been

22  obtained, the candidate is eligible to qualify pursuant to s.

23  99.061.

24         Section 4.  Section 99.0955, Florida Statutes, is

25  amended to read:

26         99.0955  Candidates with no party affiliation; name on

27  general election ballot.--

28         (1)  Each person seeking to qualify for election as a

29  candidate with no party affiliation shall file his or her

30  qualifying qualification papers and pay the qualifying fee or

31  qualify by the petition process pursuant to s. 99.095

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 1  alternative method prescribed in subsection (3) with the

 2  officer and during the times and under the circumstances

 3  prescribed in s. 99.061. Upon qualifying, the candidate is

 4  entitled to have his or her name placed on the general

 5  election ballot.

 6         (2)  The qualifying fee for candidates with no party

 7  affiliation shall consist of a filing fee and an election

 8  assessment. The amount of the filing fee is 3 percent of the

 9  annual salary of the office sought. The amount of the election

10  assessment is 1 percent of the annual salary of the office

11  sought. The election assessment shall be deposited into the

12  Elections Commission Trust Fund. Filing fees paid to the

13  Department of State shall be deposited into the General

14  Revenue Fund of the state. Filing fees paid to the supervisor

15  of elections shall be deposited into the general revenue fund

16  of the county.

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

18  lieu of paying the qualifying fee, qualify for office by the

19  alternative method prescribed in this subsection.  A candidate

20  using this petitioning process shall file an oath with the

21  officer before whom the candidate would qualify for the office

22  stating that he or she intends to qualify by this alternative

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

24  a group or district designation, the candidate must indicate

25  the designation in his or her oath.  The oath shall be filed

26  at any time after the first Tuesday after the first Monday in

27  January of the year in which the election is held, but before

28  the 21st day preceding the first day of the qualifying period

29  for the office sought.  The Department of State shall

30  prescribe the form to be used in administering and filing the

31  oath. Signatures may not be obtained by a candidate on any

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 1  petition until the candidate has filed the oath required in

 2  this subsection. Upon receipt of the written oath from a

 3  candidate, the qualifying officer shall provide the candidate

 4  with petition forms in sufficient numbers to facilitate the

 5  gathering of signatures.  If the candidate is running for an

 6  office that requires a group or district designation, the

 7  petition must indicate that designation or the signatures

 8  obtained on the petition will not be counted.

 9         (b)  A candidate shall obtain the signatures of a

10  number of qualified electors in the geographical entity

11  represented by the office sought equal to 1 percent of the

12  registered electors of the geographical entity represented by

13  the office sought, as shown by the compilation by the

14  Department of State for the preceding general election.

15         (c)  Each petition must be submitted before noon of the

16  21st day preceding the first day of the qualifying period for

17  the office sought, to the supervisor of elections of the

18  county for which such petition was circulated. Each supervisor

19  to whom a petition is submitted shall check the signatures on

20  the petition to verify their status as electors in the county,

21  district, or other geographical entity represented by the

22  office sought.  Before the first day for qualifying, the

23  supervisor shall certify the number shown as registered

24  electors.

25         (d)1.  Certifications for candidates for federal,

26  state, or multicounty district office shall be submitted to

27  the Department of State. The Department of State shall

28  determine whether the required number of signatures has been

29  obtained for the name of the candidate to be placed on the

30  ballot and shall notify the candidate.

31  

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 1         2.  For candidates for county or district office not

 2  covered by subparagraph 1., the supervisor of elections shall

 3  determine whether the required number of signatures has been

 4  obtained for the name of the candidate to be placed on the

 5  ballot and shall notify the candidate.

 6         (e)  If the required number of signatures has been

 7  obtained, the candidate shall, during the time prescribed for

 8  qualifying for office, submit a copy of the notice received

 9  under paragraph (d) and file his or her qualifying papers and

10  the oath prescribed by s. 99.021 with the qualifying officer.

11         Section 5.  Section 99.096, Florida Statutes, is

12  amended to read:

13         99.096  Minor party candidates; names on ballot.--

14         (1)  The executive committee of a minor political party

15  shall, no later than noon of the third day prior to the first

16  day of the qualifying period prescribed for federal

17  candidates, submit to the Department of State a list of

18  federal candidates nominated by the party to be on the general

19  election ballot. and No later than noon of the third day prior

20  to the first day of the qualifying period for state

21  candidates, the executive committee of a minor party must

22  submit to the Department of State the official list of the

23  state, multicounty, and county respective candidates nominated

24  by that party to be on the ballot in the general election to

25  the filing officer for each of the candidates. The Department

26  of State shall notify the appropriate supervisors of elections

27  of the name of each minor party candidate eligible to qualify

28  before such supervisor. The official list of nominated

29  candidates may not be changed by the party after having been

30  filed with the filing officers Department of State, except

31  that candidates who have qualified may withdraw from the

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 1  ballot pursuant to the provisions of this code, and vacancies

 2  in nominations may be filled pursuant to s. 100.111.

 3         (2)  Each person seeking to qualify for election as a

 4  candidate of a minor party shall file his or her qualifying

 5  qualification papers with, and pay the qualifying fee and, if

 6  one has been levied, the party assessment, or qualify by the

 7  petition process pursuant to s. 99.095 alternative method

 8  prescribed in subsection (3), with the officer and at the

 9  times and under the circumstances provided in s. 99.061.

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

11  the qualifying fee and party assessment, qualify for office by

12  the alternative method prescribed in this subsection.  A

13  candidate using this petitioning process shall file an oath

14  with the officer before whom the candidate would qualify for

15  the office stating that he or she intends to qualify by this

16  alternative method.  If the person is running for an office

17  that requires a group or district designation, the candidate

18  must indicate the designation in his or her oath.  The oath

19  must be filed at any time after the first Tuesday after the

20  first Monday in January of the year in which the election is

21  held, but before the 21st day preceding the first day of the

22  qualifying period for the office sought.  The Department of

23  State shall prescribe the form to be used in administering and

24  filing the oath.  Signatures may not be obtained by a

25  candidate on any petition until the candidate has filed the

26  oath required in this section.  Upon receipt of the written

27  oath from a candidate, the qualifying officer shall provide

28  the candidate with petition forms in sufficient numbers to

29  facilitate the gathering of signatures.  If the candidate is

30  running for an office that requires a group or district

31  

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 1  designation, the petition must indicate that designation or

 2  the signatures on such petition will not be counted.

 3         (b)  A candidate shall obtain the signatures of a

 4  number of qualified electors in the geographical entity

 5  represented by the office sought equal to 1 percent of the

 6  registered electors in the geographical entity represented by

 7  the office sought, as shown by the compilation by the

 8  Department of State for the last preceding general election.

 9         (c)  Each petition shall be submitted prior to noon of

10  the 21st day preceding the first day of the qualifying period

11  for the office sought to the supervisor of elections of the

12  county for which the petition was circulated. Each supervisor

13  to whom a petition is submitted shall check the signatures on

14  the petition to verify their status as electors in the county,

15  district, or other geographical entity represented by the

16  office sought.  Before the first day for qualifying, the

17  supervisor shall certify the number shown as registered

18  electors.

19         (d)1.  Certifications for candidates for federal,

20  state, or multicounty district office shall be submitted to

21  the Department of State. The Department of State shall

22  determine whether the required number of signatures has been

23  obtained for the name of the candidate to be placed on the

24  ballot and shall notify the candidate.

25         2.  For candidates for county or district office not

26  covered by subparagraph 1., the supervisor of elections shall

27  determine whether the required number of signatures has been

28  obtained for the name of the candidate to be placed on the

29  ballot and shall notify the candidate.

30         (e)  If the required number of signatures has been

31  obtained, the candidate shall, during the prescribed time for

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 1  qualifying for office, submit a copy of the notice received

 2  under paragraph (d) and file his or her qualifying papers and

 3  the oath prescribed by s. 99.021 with the qualifying officer.

 4         (4)  A minor party candidate whose name has been

 5  submitted pursuant to subsection (1) and who has qualified for

 6  office is entitled to have his or her name placed on the

 7  general election ballot.

 8         Section 6.  Subsection (1) of section 100.011, Florida

 9  Statutes, is amended to read:

10         100.011  Opening and closing of polls, all elections;

11  expenses.--

12         (1)  The polls shall be open at the voting places at

13  7:00 a.m., on the day of the election, and shall be kept open

14  until 7:00 p.m., of the same day, and the time shall be

15  regulated by the customary time in standard use in the county

16  seat of the locality. The inspectors shall make public

17  proclamation of the opening and closing of the polls. During

18  the election and canvass of the votes, the ballot box shall

19  not be concealed. Any elector in line at the official closing

20  of the polls shall be allowed to cast a vote in that election.

21         Section 7.  Paragraph (b) of subsection (4) of section

22  100.111, Florida Statutes, is amended to read:

23         100.111  Filling vacancy.--

24         (4)

25         (b)  If the vacancy in nomination occurs later than

26  September 15, or if the vacancy in nomination occurs with

27  respect to a candidate of a minor political party which has

28  obtained a position on the ballot, no special primary election

29  shall be held and the Department of State shall notify the

30  chair of the appropriate state, district, or county political

31  party executive committee of such party; and, within 7 days,

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 1  the chair shall call a meeting of his or her executive

 2  committee to consider designation of a nominee to fill the

 3  vacancy. The name of any person so designated shall be

 4  submitted to the Department of State within 14 days of notice

 5  to the chair in order that the person designated may have his

 6  or her name printed or otherwise placed on the ballot of the

 7  ensuing general election, but in no event shall the supervisor

 8  of elections be required to place on a ballot a name submitted

 9  less than 21 days prior to the election. If the name of the

10  new nominee is submitted after the ballots have been printed

11  or programmed into the machines and the supervisor of

12  elections is not able to reprint or reprogram the ballots or

13  otherwise strike the former nominee's name and insert the new

14  nominee's name vacancy occurs less than 21 days prior to the

15  election, the person designated by the political party will

16  replace the former party nominee even though the former party

17  nominee's name will be on the ballot.  Any ballots cast for

18  the former party nominee will be counted for the person

19  designated by the political party to replace the former party

20  nominee.  If there is no opposition to the party nominee, the

21  person designated by the political party to replace the former

22  party nominee will be elected to office at the general

23  election. For purposes of this paragraph, the term "district

24  political party executive committee" means the members of the

25  state executive committee of a political party from those

26  counties comprising the area involving a district office.

27         Section 8.  Subsection (1) of section 101.031, Florida

28  Statutes, is amended to read:

29         101.031  Instructions for electors.--

30         (1)  The Department of State, or in case of municipal

31  elections the governing body of the municipality, shall print,

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 1  in large type on cards, instructions for the electors to use

 2  in voting. It shall provide not less than two cards for each

 3  voting precinct for each election and furnish such cards to

 4  each supervisor upon requisition. Each supervisor of elections

 5  shall send a sufficient number of these cards to the precincts

 6  prior to an election. The election inspectors shall display

 7  the cards in the polling places as information for electors.

 8  The cards shall contain information about how to vote and such

 9  other information as the Department of State may deem

10  necessary. The cards must also include the list of rights and

11  responsibilities afforded to Florida voters, as described in

12  subsection (2).

13         Section 9.  Section 101.131, Florida Statutes, is

14  amended to read:

15         101.131  Watchers at polls.--

16         (1)  Each political party and each candidate may have

17  one watcher in each polling room at any one time during the

18  election. A political committee, if formed for the specific

19  purpose of opposing or supporting a named issue on the ballot,

20  may have one watcher for each polling place at any one time

21  during the election. No watcher shall be permitted to come

22  closer to the officials' table or the voting booths than is

23  reasonably necessary to properly perform his or her functions,

24  but each shall be allowed within the polling room to watch and

25  observe the conduct of electors and officials.  The watchers

26  shall furnish their own materials and necessities and shall

27  not obstruct the orderly conduct of any election.  Each

28  watcher shall be a qualified and registered elector of the

29  county in which he or she serves.

30         (2)  Each party, each committee, and each candidate

31  requesting to have poll watchers shall designate, in writing,

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 1  poll watchers for each polling place precinct prior to noon of

 2  the second Tuesday preceding the election.  The designation

 3  shall include specific times for each watcher to be in the

 4  polling place. The poll watchers for each polling place

 5  precinct shall be approved by the supervisor of elections on

 6  or before the Tuesday before the election. The supervisor

 7  shall furnish to each election board precinct a list of the

 8  poll watchers designated and approved for such polling place

 9  precinct.

10         (3)  No candidate or sheriff, deputy sheriff, police

11  officer, or other law enforcement officer may be designated as

12  a poll watcher.

13         Section 10.  Subsection (1) of section 101.151, Florida

14  Statutes, is amended to read:

15         101.151  Specifications for ballots.--

16         (1)  Marksense Paper ballots shall be printed on paper

17  of such thickness that the printing cannot be distinguished

18  from the back and shall meet the specifications of the voting

19  system that will be used to read the ballots.

20         Section 11.  Section 101.171, Florida Statutes, is

21  amended to read:

22         101.171  Copy of constitutional amendment to be

23  posted.--Whenever any amendment to the State Constitution is

24  to be voted upon at any election, the Department of State

25  shall have printed, and shall furnish to each supervisor of

26  elections, a sufficient number of copies of the amendment

27  either in poster or booklet form, and the supervisor shall

28  have a copy thereof conspicuously posted or available at each

29  precinct upon the day of election.

30         Section 12.  Subsection (3) of section 101.253, Florida

31  Statutes, is amended to read:

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 1         101.253  When names not to be printed on ballot.--

 2         (3)  If ballots are printed or programmed into the

 3  machines before the death, resignation, removal, or withdrawal

 4  of a candidate, the supervisor of elections, at his or her

 5  discretion, may:

 6         (a)  Strike the name of the candidate and, if

 7  necessary, insert the name of the new nominee;

 8         (b)  Reprint or reprogram the ballot; or

 9         (c)  Provide notice in a newspaper of general

10  circulation in the county, post a notice in each voting booth,

11  and provide an insert with each absentee ballot mailed to a

12  voter explaining the consequences of a vote for the former

13  candidate. In no case shall the supervisor be required to

14  print on the ballot a name which is submitted less than 21

15  days prior to the election.  In the event the ballots are

16  printed 21 days or more prior to the election, the name of any

17  candidate whose death, resignation, removal, or withdrawal

18  created a vacancy in office or nomination shall be stricken

19  from the ballot with a rubber stamp or appropriate printing

20  device, and the name of the new nominee shall be inserted on

21  the ballot in a like manner.  The supervisor may, as an

22  alternative, reprint the ballots to include the name of the

23  new nominee.

24         Section 13.  Subsection (4) of section 101.5606,

25  Florida Statutes, is amended to read:

26         101.5606  Requirements for approval of systems.--No

27  electronic or electromechanical voting system shall be

28  approved by the Department of State unless it is so

29  constructed that:

30         (4)  For systems using marksense paper ballots, it

31  accepts a rejected ballot pursuant to subsection (3) if a

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 1  voter chooses to cast the ballot, but records no vote for any

 2  office that has been overvoted or undervoted.

 3         Section 14.  Subsection (1) of section 101.595, Florida

 4  Statutes, is amended to read:

 5         101.595  Analysis and reports of voting problems.--

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

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

 8  to the Department of State the total number of overvotes and

 9  undervotes in either the presidential or gubernatorial race,

10  whichever is applicable the first race appearing on the ballot

11  pursuant to s. 101.151(2), along with the likely reasons for

12  such overvotes and undervotes and other information as may be

13  useful in evaluating the performance of the voting system and

14  identifying problems with ballot design and instructions which

15  may have contributed to voter confusion.

16         Section 15.  Subsection (3) of section 101.694, Florida

17  Statutes, is amended to read:

18         101.694  Mailing of ballots upon receipt of federal

19  postcard application.--

20         (3)  Absentee envelopes printed for overseas voters

21  shall meet the specifications as determined by the Division of

22  Elections in conjunction with the Federal Voting Assistance

23  Program of the United States Department of Defense and the

24  United States Postal Service. The division shall adopt a rule

25  setting forth the specifications. There shall be printed

26  across the face of each envelope in which a ballot is sent to

27  a federal postcard applicant, or is returned by such applicant

28  to the supervisor, two parallel horizontal red bars, each

29  one-quarter inch wide, extending from one side of the envelope

30  to the other side, with an intervening space of one-quarter

31  inch, the top bar to be 1 1/4  inches from the top of the

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 1  envelope, and with the words "Official Election Balloting

 2  Material-via Air Mail," or similar language, between the bars.

 3  There shall be printed in the upper right corner of each such

 4  envelope, in a box, the words "Free of U. S. Postage,

 5  including Air Mail."  All printing on the face of each

 6  envelope shall be in red, and there shall be printed in red in

 7  the upper left corner of each ballot envelope an appropriate

 8  inscription or blanks for return address of sender.

 9  Additional specifications may be prescribed by rule of the

10  Division of Elections upon recommendation of the presidential

11  designee under the Uniformed and Overseas Citizens Absentee

12  Voting Act. Otherwise, the envelopes shall be the same as

13  those used in sending ballots to, or receiving them from,

14  other absentee voters.

15         Section 16.  Section 102.012, Florida Statutes, is

16  amended to read:

17         102.012  Inspectors and clerks to conduct elections.--

18         (1)  The supervisor of elections of each county, at

19  least 20 days prior to the holding of any election, shall

20  appoint an two election board boards for each precinct in the

21  county; however, the supervisor of elections may, in any

22  election, appoint one election board if the supervisor has

23  reason to believe that only one is necessary.  The clerk shall

24  be in charge of, and responsible for, seeing that the election

25  board carries out its duties and responsibilities. Each

26  inspector and each clerk shall take and subscribe to an oath

27  or affirmation, which shall be written or printed, to the

28  effect that he or she will perform the duties of inspector or

29  clerk of election, respectively, according to law and will

30  endeavor to prevent all fraud, deceit, or abuse in conducting

31  the election. The oath may be taken before an officer

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 1  authorized to administer oaths or before any of the persons

 2  who are to act as inspectors, one of them to swear the others,

 3  and one of the others sworn thus, in turn, to administer the

 4  oath to the one who has not been sworn.  The oaths shall be

 5  returned with the poll list and the returns of the election to

 6  the supervisor. In all questions that may arise before the

 7  members of an election board, the decision of a majority of

 8  them shall decide the question.  The supervisor of elections

 9  of each county shall be responsible for the attendance and

10  diligent performance of his or her duties by each clerk and

11  inspector.

12         (2)  Each member of the election board shall be able to

13  read and write the English language and shall be a registered

14  qualified elector of the county in which the member is

15  appointed or a person who has preregistered to vote, pursuant

16  to s. 97.041(1)(b), in the county in which the member is

17  appointed. No election board shall be composed solely of

18  members of one political party; however, in any primary in

19  which only one party has candidates appearing on the ballot,

20  all clerks and inspectors may be of that party. Any person

21  whose name appears as an opposed candidate for any office

22  shall not be eligible to serve on an election board.

23         (3)  The supervisor shall furnish inspectors of

24  election for each precinct with the registration books divided

25  alphabetically as will best facilitate the holding of an

26  election.  The supervisor shall also furnish to the inspectors

27  of election at the polling place at each precinct in the

28  supervisor's county a sufficient number of forms and blanks

29  for use on election day.

30         (4)(a)  The election board of each precinct shall

31  attend the polling place by 6 a.m. of the day of the election

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 1  and shall arrange the furniture, stationery, and voting

 2  equipment.

 3         (b)  An election board shall conduct the voting,

 4  beginning and closing at the time set forth in s. 100.011.  If

 5  more than one board has been appointed, the second board

 6  shall, upon the closing of the polls, come on duty and count

 7  the votes cast. In such case, the first board shall turn over

 8  to the second board all closed ballot boxes, registration

 9  books, and other records of the election at the time the

10  boards change.  The second board shall continue counting until

11  the count is complete or until 7 a.m. the next morning, and,

12  if the count is not completed at that time, the first board

13  that conducted the election shall again report for duty and

14  complete the count. The second board shall turn over to the

15  first board all ballots counted, all ballots not counted, and

16  all registration books and other records and shall advise the

17  first board as to what has transpired in tabulating the

18  results of the election.

19         (5)  In precincts in which there are more than 1,000

20  registered electors, the supervisor of elections shall appoint

21  additional election boards necessary for the election.

22         (6)  In any precinct in which there are fewer than 300

23  registered electors, it is not necessary to appoint two

24  election boards, but one such board will suffice.  Such board

25  shall be composed of at least one inspector and one clerk.

26         Section 17.  Subsection (3) is added to section

27  102.111, Florida Statutes, to read:

28         102.111  Elections Canvassing Commission.--

29         (3)  The Elections Canvassing Commission may delegate

30  the authority to order recounts pursuant to ss. 102.141(6) and

31  

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 1  102.166 to the chief elections officer. Such delegation shall

 2  be made at a public meeting.

 3         Section 18.  Section 102.071, Florida Statutes, is

 4  amended to read:

 5         102.071  Tabulation of votes and proclamation of

 6  results where ballots are used.--The election board shall post

 7  at the polls, for the benefit of the public, the results of

 8  the voting for each office or other item on the ballot as the

 9  count is completed. Upon completion of all counts in all

10  races, a certificate triplicate certificates of the results

11  shall be drawn up by the inspectors and clerk at each precinct

12  upon a form provided by the supervisor of elections which

13  shall contain the name of each person voted for, for each

14  office, and the number of votes cast for each person for such

15  office; and, if any question is submitted, the certificate

16  shall also contain the number of votes cast for and against

17  the question.  The certificate shall be signed by the

18  inspectors and clerk, and one of the certificates shall be

19  delivered without delay by one of the inspectors, securely

20  sealed, to the supervisor for immediate publication; the

21  duplicate copy of the certificate shall be delivered to the

22  county court judge; and the remaining copy shall be enclosed

23  in the ballot box together with the oaths of inspectors and

24  clerks.  All the ballot boxes, ballots, ballot stubs,

25  memoranda, and papers of all kinds used in the election shall

26  also be transmitted, after being sealed by the inspectors, to

27  with the certificates of result of the election to be filed in

28  the supervisor's office. Registration books and the poll lists

29  shall not be placed in the ballot boxes but shall be returned

30  to the supervisor.

31  

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 1         Section 19.  Subsections (3), (4), (6), and (8) of

 2  section 102.141, Florida Statutes, are amended to read:

 3         102.141  County canvassing board; duties.--

 4         (3)  The canvass, except the canvass of absentee

 5  electors' returns and the canvass of provisional ballots,

 6  shall be made from the returns and certificates of the

 7  inspectors as signed and filed by them with the county court

 8  judge and supervisor, respectively, and the county canvassing

 9  board shall not change the number of votes cast for a

10  candidate, nominee, constitutional amendment, or other measure

11  submitted to the electorate of the county, respectively, in

12  any polling place, as shown by the returns.  All returns shall

13  be made to the board on or before 2 a.m. of the day following

14  any primary, general, special, or other election.  If the

15  returns from any precinct are missing, if there are any

16  omissions on the returns from any precinct, or if there is an

17  obvious error on any such returns, the canvassing board shall

18  order a retabulation recount of the returns from such

19  precinct.  Before canvassing such returns, the canvassing

20  board shall examine the tabulation of the ballots cast in such

21  precinct and determine whether the returns correctly reflect

22  the votes cast.  If there is a discrepancy between the returns

23  and the tabulation of the ballots cast, the tabulation of the

24  ballots cast shall be presumed correct and such votes shall be

25  canvassed accordingly.

26         (4)  The canvassing board shall submit unofficial

27  returns on forms or formats provided by the division to the

28  Department of State for each federal, statewide, state, or

29  multicounty office or ballot measure no later than noon on the

30  second day after any primary, general, special, or other

31  

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 1  election.  Such returns shall include the canvass of all

 2  ballots as required by subsection (2).

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

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

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

 6  candidate for retention to a judicial office was retained or

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

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

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

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

11  responsible for certifying the results of the vote on such

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

13  respect to such office or measure. The county canvassing board

14  is the board responsible for ordering county and local

15  recounts, and the Elections Canvassing Commission is the board

16  responsible for ordering federal, state, and multicounty

17  recounts. A recount need not be ordered with respect to the

18  returns for any office, however, if the candidate or

19  candidates defeated or eliminated from contention for such

20  office by one-half of a percent or less of the votes cast for

21  such office request in writing that a recount not be made.

22         (a)  In counties with voting systems that use paper

23  ballots, Each canvassing board responsible for conducting a

24  recount shall put each marksense ballot through automatic

25  tabulating equipment and determine whether the returns

26  correctly reflect the votes cast.  If any marksense paper

27  ballot is physically damaged so that it cannot be properly

28  counted by the automatic tabulating equipment during the

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

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

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

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

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

 3  the recount tabulation of the ballots cast shall be presumed

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

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

 6  corrected and the recount repeated, as necessary. The

 7  canvassing board shall immediately report the error, along

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

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

10  the election, the canvassing board shall file a separate

11  incident report with the Department of State, detailing the

12  resolution of the matter and identifying any measures that

13  will avoid a future recurrence of the error.

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

15  paper ballots, Each canvassing board responsible for

16  conducting a recount where touchscreen ballots were used shall

17  examine the counters on the precinct tabulators to ensure that

18  the total of the returns on the precinct tabulators equals the

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

20  overall election return and the counters of the precinct

21  tabulators, the counters of the precinct tabulators shall be

22  presumed correct and such votes shall be canvassed

23  accordingly.

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

25  unofficial returns on forms or formats provided by the

26  division to the Department of State for each federal,

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

28  later than noon on the 4th third day after any election in

29  which a recount was conducted pursuant to this subsection.  If

30  the canvassing board is unable to complete the recount

31  prescribed in this subsection by the deadline, the second set

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 1  of unofficial returns submitted by the canvassing board shall

 2  be identical to the initial unofficial returns and the

 3  submission shall also include a detailed explanation of why it

 4  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         (8)  At the same time that the official results of an

10  election are certified to the Department of State, the county

11  canvassing board shall file a report with the Division of

12  Elections on the conduct of the election.  The report shall

13  contain information relating to any problems incurred as a

14  result of equipment malfunctions either at the precinct level

15  or at a counting location, any difficulties or unusual

16  circumstances encountered by an election board or the

17  canvassing board, and any other additional information which

18  the canvassing board feels should be made a part of the

19  official election record. Such reports shall be maintained on

20  file in the Division of Elections and shall be available for

21  public inspection.  The division shall utilize the reports

22  submitted by the canvassing boards to determine what problems

23  may be likely to occur in other elections and disseminate such

24  information, along with possible solutions, to the supervisors

25  of elections.

26         Section 20.  Subsection (1) of section 102.166, Florida

27  Statutes, is amended to read:

28         102.166  Manual recounts.--

29         (1)  If the second set of unofficial returns pursuant

30  to s. 102.141 indicates that a candidate for any office was

31  defeated or eliminated by one-quarter of a percent or less of

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 1  the votes cast for such office, that a candidate for retention

 2  to a judicial office was retained or not retained by

 3  one-quarter of a percent or less of the votes cast on the

 4  question of retention, or that a measure appearing on the

 5  ballot was approved or rejected by one-quarter of a percent or

 6  less of the votes cast on such measure, the board responsible

 7  for certifying the results of the vote on such race or measure

 8  shall order a manual recount of the overvotes and undervotes

 9  cast in the entire geographic jurisdiction of such office or

10  ballot measure. The county canvassing board is the board

11  responsible for ordering county and local manual recounts, and

12  the Elections Canvassing Commission is the board responsible

13  for ordering federal, state, and multicounty manual recounts.

14         Section 21.  Subsections (2) and (4) of section

15  102.168, Florida Statutes, are amended to read:

16         102.168  Contest of election.--

17         (2)  Such contestant shall file a complaint, together

18  with the fees prescribed in chapter 28, with the clerk of the

19  circuit court within 10 days after midnight of the date the

20  last board responsible for certifying the results officially

21  county canvassing board empowered to canvass the returns

22  certifies the results of the election being contested.

23         (4)  The county canvassing board or Elections

24  Canvassing Commission shall be an indispensable and the proper

25  party defendant in county and local elections and the

26  Elections Canvassing Commission shall be an indispensable and

27  proper party defendant in federal, state, and multicounty

28  races, and the successful candidate shall be an indispensable

29  party to any action brought to contest the election or

30  nomination of a candidate.

31  

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 1         Section 22.  Subsection (3) of section 105.031, Florida

 2  Statutes, is amended to read:

 3         105.031  Qualification; filing fee; candidate's oath;

 4  items required to be filed.--

 5         (3)  QUALIFYING FEE.--Each candidate qualifying for

 6  election to a judicial office or the office of school board

 7  member, except write-in judicial or school board candidates,

 8  shall, during the time for qualifying, pay to the officer with

 9  whom he or she qualifies a qualifying fee, which shall consist

10  of a filing fee and an election assessment, or qualify by the

11  alternative method. The amount of the filing fee is 3 percent

12  of the annual salary of the office sought. The amount of the

13  election assessment is 1 percent of the annual salary of the

14  office sought.  The Department of State shall forward all

15  filing fees to the Department of Revenue for deposit in the

16  Elections Commission Trust Fund.  The supervisor of elections

17  shall forward all filing fees to the Elections Commission

18  Trust Fund.  The election assessment shall be deposited into

19  the Elections Commission Trust Fund.  The annual salary of the

20  office for purposes of computing the qualifying fee shall be

21  computed by multiplying 12 times the monthly salary authorized

22  for such office as of July 1 immediately preceding the first

23  day of qualifying.  This subsection shall not apply to

24  candidates qualifying for retention to judicial office.

25         Section 23.  Section 105.035, Florida Statutes, is

26  amended to read:

27         105.035  Alternative method of qualifying for certain

28  judicial offices and the office of school board member.--

29         (1)  A person seeking to qualify for election to the

30  office of circuit judge or county court judge or the office of

31  school board member may qualify for election to such office by

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 1  means of the petitioning process prescribed in this section.

 2  A person qualifying by this alternative method shall not be

 3  required to pay the qualifying fee required by this chapter.

 4  A person using this petitioning process shall file an oath

 5  with the officer before whom the candidate would qualify for

 6  the office stating that he or she intends to qualify by this

 7  alternative method for the office sought. Such oath shall be

 8  filed at any time after the first Tuesday after the first

 9  Monday in January of the year in which the election is held,

10  but prior to the 21st day preceding the first day of the

11  qualifying period for the office sought. The form of such oath

12  shall be prescribed by the Division of Elections.  No

13  signatures shall be obtained until the person has filed the

14  oath prescribed in this subsection.

15         (2)  The Upon receipt of a written oath from a

16  candidate, the qualifying officer shall provide the candidate

17  with a petition format shall be prescribed by the Division of

18  Elections and shall to be used by the candidate to reproduce

19  petitions for circulation.  If the candidate is running for an

20  office which will be grouped on the ballot with two or more

21  similar offices to be filled at the same election, the

22  candidate's petition must indicate, prior to the obtaining of

23  registered electors' signatures, for which group or district

24  office the candidate is running.

25         (3)  Each candidate for election to a judicial office

26  or the office of school board member shall obtain the

27  signature of a number of qualified electors equal to at least

28  1 percent of the total number of registered electors of the

29  district, circuit, county, or other geographic entity

30  represented by the office sought as shown by the compilation

31  by the Department of State for the last preceding general

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 1  election.   A separate petition shall be circulated for each

 2  candidate availing himself or herself of the provisions of

 3  this section. No signatures may be obtained until the

 4  candidate has filed the appointment of campaign treasurer and

 5  designation of campaign depository pursuant to s. 106.021.

 6         (4)(a)  Each candidate seeking to qualify for election

 7  to the office of circuit judge or the office of school board

 8  member from a multicounty school district pursuant to this

 9  section shall file a separate petition from each county from

10  which signatures are sought.  Each petition shall be

11  submitted, prior to noon of the 28th 21st day preceding the

12  first day of the qualifying period for the office sought, to

13  the supervisor of elections of the county for which such

14  petition was circulated.  Each supervisor of elections to whom

15  a petition is submitted shall check the signatures on the

16  petition to verify their status as electors of that county and

17  of the geographic area represented by the office sought. No

18  later than the 7th day prior to the first date for qualifying,

19  the supervisor shall certify the number shown as registered

20  electors and submit such certification to the Division of

21  Elections.  The division shall determine whether the required

22  number of signatures has been obtained for the name of the

23  candidate to be placed on the ballot and shall notify the

24  candidate.  If the required number of signatures has been

25  obtained, the candidate shall, during the time prescribed for

26  qualifying for office, submit a copy of such notice and file

27  his or her qualifying papers and oath prescribed in s. 105.031

28  with the Division of Elections.  Upon receipt of the copy of

29  such notice and qualifying papers, the division shall certify

30  the name of the candidate to the appropriate supervisor or

31  

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 1  supervisors of elections as having qualified for the office

 2  sought.

 3         (b)  Each candidate seeking to qualify for election to

 4  the office of county court judge or the office of school board

 5  member from a single county school district pursuant to this

 6  section shall submit his or her petition, prior to noon of the

 7  28th 21st day preceding the first day of the qualifying period

 8  for the office sought, to the supervisor of elections of the

 9  county for which such petition was circulated. The supervisor

10  shall check the signatures on the petition to verify their

11  status as electors of the county and of the geographic area

12  represented by the office sought. No later than the 7th day

13  prior to the first date for qualifying, the supervisor shall

14  determine whether the required number of signatures has been

15  obtained for the name of the candidate to be placed on the

16  ballot and shall notify the candidate.  If the required number

17  of signatures has been obtained, the candidate shall, during

18  the time prescribed for qualifying for office, submit a copy

19  of such notice and file his or her qualifying papers and oath

20  prescribed in s. 105.031 with the qualifying officer.  Upon

21  receipt of the copy of such notice and qualifying papers, such

22  candidate shall be entitled to have his or her name printed on

23  the ballot.

24         Section 24.  Present subsection (17) of section

25  106.011, Florida Statutes, is renumbered as subsection (18),

26  and a new subsection (17) is added to that section, to read:

27         106.011  Definitions.--As used in this chapter, the

28  following terms have the following meanings unless the context

29  clearly indicates otherwise:

30         (17)  "Eliminated candidate" means a candidate for

31  elected office who failed to receive a sufficient number of

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 1  votes to be certified as the winner of an election or as a

 2  runoff candidate in an election. Candidates who file a timely

 3  contest of an election as provided for in s. 102.168 will not

 4  be considered eliminated for the purposes of receiving

 5  contributions and making expenditures solely for the purpose

 6  of paying legal fees and costs associated with the candidate's

 7  contest of the election.

 8         Section 25.  Section 106.0705, Florida Statutes, is

 9  created to read:

10         106.0705  Electronic filing of campaign treasurer's

11  reports.--

12         (1)(a)  Each candidate who is required to file reports

13  pursuant to s. 106.07 with the division and who accepts

14  contributions or makes expenditures in an aggregate amount in

15  excess of $10,000 for the office sought must file such reports

16  with the division by means of electronic transfer.

17         (b)  Each political committee, committee of continuous

18  existence, or state executive committee that is required to

19  file reports with the division under s. 106.04, s. 106.07, or

20  s. 106.29, as applicable, and that accepts contributions or

21  makes expenditures in an aggregate amount in excess of $10,000

22  in a calendar year must file such reports with the division by

23  means of electronic transfer.

24         (c)  Each person or organization that is required to

25  file reports with the division under s. 106.071 and that

26  accepts contributions or makes expenditures in an aggregate

27  amount in excess of $10,000 in a calendar year must file such

28  reports with the division by means of electronic transfer.

29         (d)  Reports required to be filed pursuant to s.

30  106.04, s. 106.07, s. 106.071, or s. 106.29 which are not

31  

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 1  subject to the electronic filing provisions of this section

 2  may be made on forms provided by the division.

 3         (2)  Reports filed pursuant to this section shall be

 4  filed not later than midnight of the day designated. Reports

 5  not received by midnight of the day designated are late filed

 6  and are subject to the penalties under s. 106.04(8), s.

 7  106.07(8), or s. 106.29(3), as applicable.

 8         (3)  Each report filed pursuant to this section is

 9  considered to be under oath by the candidate and treasurer or

10  the chairman and treasurer, whichever is applicable, and such

11  persons are subject to the provisions of s. 106.04(4)(d), s.

12  106.07(5), or s. 106.29(2), as applicable. Persons given USER

13  ID's and passwords to the Electronic Campaign Filing System

14  are responsible for protecting such from disclosure and are

15  responsible for all filings using such credentials, unless

16  they have notified the division that their USER ID has been

17  compromised.

18         (4)  The electronic filing system developed by the

19  division must:

20         (a)  Be based on access by means of the Internet.

21         (b)  Be accessible by anyone with Internet access using

22  standard web-browsing software.

23         (c)  Provide for direct entry of campaign finance

24  information as well as download of such information from

25  campaign finance software certified by the division.

26         (d)  Provide a method that verifies the identity of the

27  person submitting the report.

28         (5)  The division shall adopt rules pursuant to ss.

29  120.536(1) and 120.54 to administer this section and provide

30  for the reports required to be filed pursuant to this section.

31  Such rules shall, at a minimum, provide:

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 1         (a)  Alternate filing procedures in case of failure by

 2  the division's web server.

 3         (b)  For the issuance of an electronic receipt to the

 4  person submitting the report indicating and verifying that the

 5  report has been filed and received.

 6         Section 26.  Subsection (1) of section 106.075, Florida

 7  Statutes, is amended to read:

 8         106.075  Elected officials; report of loans made in

 9  year preceding election; limitation on contributions to pay

10  loans.--

11         (1)  A person who is elected to office must report all

12  personal loans, exceeding $500 in value, made to him or her

13  and used for campaign purposes, and made in the 12 months

14  preceding his or her election to office, to the filing

15  officer.  The report must be made, in the manner prescribed by

16  the Department of State, within 10 days after being elected to

17  office.

18         Section 27.  Paragraph (d) is added to subsection (5)

19  of section 106.08, Florida Statutes, to read:

20         106.08  Contributions; limitations on.--

21         (5)

22         (d)  Candidates may not make expenditures from their

23  campaign accounts for the purpose of receiving or obtaining an

24  endorsement from any person, group, or organization.

25         Section 28.  Section 106.087, Florida Statutes, is

26  amended to read:

27         106.087  Independent expenditures; contribution limits;

28  restrictions on political parties and, political committees,

29  and committees of continuous existence.--

30         (1)(a)  As a condition of receiving a rebate of filing

31  fees and party assessment funds pursuant to s. 99.061(2), s.

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 1  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

 2  treasurer of a state or county executive committee shall take

 3  and subscribe to an oath or affirmation in writing. During the

 4  qualifying period for state candidates and prior to

 5  distribution of such funds, a printed copy of the oath or

 6  affirmation shall be filed with the Secretary of State and

 7  shall be substantially in the following form:

 8  

 9  State of Florida

10  County of....

11         Before me, an officer authorized to administer oaths,

12  personally appeared ...(name)..., to me well known, who, being

13  sworn, says that he or she is the ...(title)... of the

14  ...(name of party)... ...(state or specified county)...

15  executive committee; that the executive committee has not

16  made, either directly or indirectly, an independent

17  expenditure in support of or opposition to a candidate or

18  elected public official in the prior 6 months; that the

19  executive committee will not make, either directly or

20  indirectly, an independent expenditure in support of or

21  opposition to a candidate or elected public official, through

22  and including the upcoming general election; and that the

23  executive committee will not violate the contribution limits

24  applicable to candidates under s. 106.08(2), Florida Statutes.

25                          ...(Signature of committee officer)...

26                                                 ...(Address)...

27  

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

29  ...(year)..., at .... County, Florida.

30       ...(Signature and title of officer administering oath)...

31  

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 1         (b)  Any executive committee found to have violated the

 2  provisions of the oath or affirmation in this section prior to

 3  receiving funds shall be ineligible to receive the rebate for

 4  that general election year.

 5         (c)  Any executive committee found to have violated the

 6  provisions of the oath or affirmation in this section after

 7  receiving funds shall be ineligible to receive the rebate from

 8  candidates qualifying for the following general election

 9  cycle.

10         (d)  Any funds not distributed to the state or county

11  executive committee pursuant to this section shall be

12  deposited into the General Revenue Fund of the state.

13         (2)(a)  Any political committee or committee of

14  continuous existence that accepts the use of public funds,

15  equipment, personnel, or other resources to collect dues from

16  its members agrees not to make independent expenditures in

17  support of or opposition to a candidate or elected public

18  official. However, expenditures may be made for the sole

19  purpose of jointly endorsing three or more candidates.

20         (b)  Any political committee or committee of continuous

21  existence that violates this subsection is liable for a civil

22  fine of up to $5,000 to be determined by the Florida Elections

23  Commission or the entire amount of the expenditures, whichever

24  is greater.

25         Section 29.  Section 106.09, Florida Statutes, is

26  amended to read:

27         106.09  Cash contributions and contribution by

28  cashier's checks and money orders.--

29         (1)  A person may not make or accept a cash

30  contribution or contribution by means of a cashier's check or

31  money order in excess of $100.

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 1         (2)(a)  Any person who makes or accepts a contribution

 2  in excess of $100 in violation of this section commits a

 3  misdemeanor of the first degree, punishable as provided in s.

 4  775.082 or s. 775.083.

 5         (b)  Any person who knowingly and willfully makes or

 6  accepts a contribution in excess of $5,000 in violation of

 7  this section commits a felony of the third degree, punishable

 8  as provided in s. 775.082, s. 775.083, or s. 775.084.

 9         Section 30.  Subsection (2) of section 106.11, Florida

10  Statutes, is amended to read:

11         106.11  Expenses of and expenditures by candidates and

12  political committees.--Each candidate and each political

13  committee which designates a primary campaign depository

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

15  on deposit in such primary campaign depository only in the

16  following manner, with the exception of expenditures made from

17  petty cash funds provided by s. 106.12:

18         (2)(a)  For purposes of this section, debit cards are

19  considered bank checks, if:

20         1.  Debit cards are obtained from the same bank that

21  has been designated as the candidate's or political

22  committee's primary campaign depository.

23         2.  Debit cards are issued in the name of the

24  treasurer, deputy treasurer, or authorized user and state

25  "Campaign Account of ...(name of candidate or political

26  committee)...."

27         3.  No more than three debit cards are requested and

28  issued.

29         4.  Before a debit card is used, a list of all persons

30  authorized to use the card is filed with the filing officer

31  division.

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 1         5.  All debit cards issued to a candidate's campaign or

 2  a political committee expire no later than midnight of the

 3  last day of the month of the general election.

 4         6.  The person using the debit card does not receive

 5  cash as part of, or independent of, any transaction for goods

 6  or services.

 7         7.  All receipts for debit card transactions contain:

 8         a.  The last four digits of the debit card number.

 9         b.  The exact amount of the expenditure.

10         c.  The name of the payee.

11         d.  The signature of the campaign treasurer, deputy

12  treasurer, or authorized user.

13         e.  The exact purpose for which the expenditure is

14  authorized.

15  

16  Any information required by this subparagraph but not included

17  on the debit card transaction receipt may be handwritten on,

18  or attached to, the receipt by the authorized user before

19  submission to the treasurer.

20         (b)  Debit cards are not subject to the requirements of

21  paragraph (1)(b).

22         Section 31.  Sections 98.181, 101.635, 102.061,

23  106.085, and 106.144, Florida Statutes, are repealed.

24         Section 32.  This act shall take effect January 1,

25  2004.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Revises, creates, and repeals a variety of provisions
      relating to elections, including provisions relating to
30    duties of supervisors of elections; ballots; reporting
      election results; and qualification through petition.
31    (See bill for details.)

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