Senate Bill sb0010B

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    Florida Senate - 2003                                  SB 10-B

    By Senator Cowin





    20-2682B-03                                         See HB 29B

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; revising and providing duties of

  4         the Secretary of State as chief election

  5         officer; amending s. 97.021, F.S.; deleting the

  6         definition of "central voter file"; revising

  7         the definition of "provisional ballot";

  8         amending s. 97.052, F.S.; requiring the uniform

  9         statewide voter registration application to

10         contain a notice to first-time registrants

11         about required identification prior to voting

12         the first time; amending s. 97.053, F.S.;

13         authorizing use of a driver's license or

14         state-issued identification card number in lieu

15         of a portion of the social security number on a

16         voter registration application; creating s.

17         97.028, F.S.; providing procedures on

18         complaints of violations of Title III of the

19         Help America Vote Act of 2002; creating s.

20         97.0535, F.S.; providing registration

21         requirements for applicants who register by

22         mail and who haven't previously voted in the

23         county; amending s. 98.045, F.S.; deleting a

24         reference, to conform; repealing s. 98.097,

25         F.S., relating to the central voter file;

26         amending s. 98.0977, F.S.; providing for

27         continued operation and maintenance of the

28         statewide voter registration database until the

29         statewide voter registration system required by

30         the Help America Vote Act of 2002 is

31         operational; requiring the Department of State

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         to begin the development of a statewide voter

 2         registration system designed to meet certain

 3         requirements of the Help America Vote Act of

 4         2002; amending s. 98.212, F.S.; removing duty

 5         of supervisors of elections relating to the

 6         central voter file, to conform; amending s.

 7         98.461, F.S.; requiring use of a computer

 8         printout as a precinct register at the polls;

 9         requiring the precinct register to contain

10         space for elector signatures and clerk or

11         inspector initials; amending and renumbering s.

12         98.471, F.S.; providing requirements for

13         identification required at the polls; providing

14         for voting a provisional ballot under certain

15         circumstances; repealing s. 98.491, F.S.,

16         relating to intent that alternative electronic

17         procedures for registration and elections be

18         followed at the discretion of the supervisor of

19         elections; amending s. 101.048, F.S.; providing

20         for casting a provisional ballot by electronic

21         means; requiring each supervisor of elections

22         to create a free access system that allows each

23         person casting a provisional ballot to find out

24         whether the ballot was counted and, if not,

25         why; requiring each person casting a

26         provisional ballot to be given written

27         instructions regarding the free access system;

28         creating s. 101.049, F.S.; requiring voting

29         that occurs during polling hours extended by a

30         court or other order to be done by provisional

31         ballot; providing requirements for casting

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         provisional ballots under such circumstances;

 2         amending s. 101.111, F.S.; revising provisions

 3         relating to challenging the right of a person

 4         to vote; providing for voting a provisional

 5         ballot under certain circumstances; amending s.

 6         101.62, F.S.; providing an exception to

 7         limiting an absentee ballot request to ballots

 8         for elections within a single calendar year;

 9         amending s. 101.64, F.S.; revising a reference

10         on the Voter's Certificate; amending s. 101.65,

11         F.S.; revising the instructions to absentee

12         electors to include instructions to prevent

13         overvoting; amending s. 101.657, F.S.;

14         requiring certain persons voting absentee in

15         person to vote a provisional ballot; creating

16         s. 101.6921, F.S.; providing requirements for

17         delivery of special absentee ballots for

18         certain first-time voters; creating s.

19         101.6923, F.S.; providing voter instructions

20         for such special absentee ballots; creating s.

21         101.6925, F.S.; providing requirements for the

22         canvassing of special absentee ballots;

23         amending s. 101.694, F.S.; authorizing federal

24         postcard applicants for absentee ballots to

25         receive ballots for two general election

26         cycles; amending s. 102.141, F.S.; requiring

27         the canvassing of provisional ballots cast

28         during any extended polling-hour period to

29         segregate the votes from such ballots from

30         other votes; directing the Department of State

31         to adopt uniform rules for machine recounts;

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         amending s. 125.01, F.S.; conforming a cross

 2         reference; repealing s. 20, ch. 2002-281, Laws

 3         of Florida; eliminating future revision of a

 4         cross reference, to conform; revising the

 5         primary date in 2004; suspending operation of

 6         the second primary election until January 1,

 7         2006; providing a date in 2004 by which

 8         candidates for Lieutenant Governor must be

 9         designated and qualified; providing campaign

10         finance reporting dates; specifying

11         applicability of contribution limits for the

12         2004 elections; providing for construction of

13         the act in pari materia with laws enacted

14         during the 2003 Regular Session or 2003 Special

15         Session A of the Legislature; providing

16         effective dates.

17  

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

19  

20         Section 1.  Section 97.012, Florida Statutes, is

21  amended to read:

22         97.012  Secretary of State as chief election

23  officer.--The Secretary of State is the chief election officer

24  of the state, and it is his or her responsibility to:

25         (1)  Obtain and maintain uniformity in the application,

26  operation, and interpretation of the election laws.

27         (2)  Provide uniform standards for the proper and

28  equitable implementation of the registration laws.

29         (3)  Actively seek out and collect the data and

30  statistics necessary to knowledgeably scrutinize the

31  effectiveness of election laws.

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (4)  Provide technical assistance to the supervisors of

 2  elections on voter education and election personnel training

 3  services.

 4         (5)  Provide technical assistance to the supervisors of

 5  elections on voting systems.

 6         (6)  Provide voter education assistance to the public.

 7         (7)  Coordinate the state's responsibilities under the

 8  National Voter Registration Act of 1993.

 9         (8)  Provide training to all affected state agencies on

10  the necessary procedures for proper implementation of this

11  chapter.

12         (9)  Ensure that all registration applications and

13  forms prescribed or approved by the department are in

14  compliance with the Voting Rights Act of 1965.

15         (10)  Coordinate with the United States Department of

16  Defense so that armed forces recruitment offices administer

17  voter registration in a manner consistent with the procedures

18  set forth in this code for voter registration agencies.

19         (11)  Create and maintain a statewide voter

20  registration database central voter file.

21         (12)  Maintain a voter fraud hotline and provide

22  election fraud education to the public.

23         (13)  Designate an office within the department to be

24  responsible for providing information regarding voter

25  registration procedures and absentee ballot procedures to

26  absent uniformed services voters and overseas voters.

27         Section 2.  Section 97.021, Florida Statutes, is

28  amended to read:

29         97.021  Definitions.--For the purposes of this code,

30  except where the context clearly indicates otherwise, the

31  term:

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (1)  "Absent elector" means any registered and

 2  qualified voter who casts an absentee ballot.

 3         (2)  "Alternative formats" has the meaning ascribed in

 4  the Americans with Disabilities Act of 1990, Pub. L. No.

 5  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

 6  the technical assistance manuals promulgated thereunder, as

 7  amended.

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

 9  reference to:

10         (a)  "Paper ballots" means that printed sheet of paper,

11  used in conjunction with an electronic or electromechanical

12  vote tabulation voting system, containing the names of

13  candidates, or a statement of proposed constitutional

14  amendments or other questions or propositions submitted to the

15  electorate at any election, on which sheet of paper an elector

16  casts his or her vote.

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

18  ballot that is voted by the process of electronically

19  designating, including by touchscreen, or marking with a

20  marking device for tabulation by automatic tabulating

21  equipment or data processing equipment.

22         (4)  "Candidate" means any person to whom any one or

23  more of the following applies:

24         (a)  Any person who seeks to qualify for nomination or

25  election by means of the petitioning process.

26         (b)  Any person who seeks to qualify for election as a

27  write-in candidate.

28         (c)  Any person who receives contributions or makes

29  expenditures, or gives his or her consent for any other person

30  to receive contributions or make expenditures, with a view to

31  

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  bringing about his or her nomination or election to, or

 2  retention in, public office.

 3         (d)  Any person who appoints a treasurer and designates

 4  a primary depository.

 5         (e)  Any person who files qualification papers and

 6  subscribes to a candidate's oath as required by law.

 7  

 8  However, this definition does not include any candidate for a

 9  political party executive committee.

10         (5)  "Central voter file" means a statewide, centrally

11  maintained database containing voter registration information

12  of all counties in this state.

13         (5)(6)  "Department" means the Department of State.

14         (6)(7)  "Division" means the Division of Elections of

15  the Department of State.

16         (7)(8)  "Election" means any primary election, special

17  primary election, special election, general election, or

18  presidential preference primary election.

19         (8)(9)  "Election board" means the clerk and inspectors

20  appointed to conduct an election.

21         (9)(10)  "Election costs" shall include, but not be

22  limited to, expenditures for all paper supplies such as

23  envelopes, instructions to voters, affidavits, reports, ballot

24  cards, ballot booklets for absentee voters, postage, notices

25  to voters; advertisements for registration book closings,

26  testing of voting equipment, sample ballots, and polling

27  places; forms used to qualify candidates; polling site rental

28  and equipment delivery and pickup; data processing time and

29  supplies; election records retention; and labor costs,

30  including those costs uniquely associated with absentee ballot

31  preparation, poll workers, and election night canvass.

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (10)(11)  "Elector" is synonymous with the word "voter"

 2  or "qualified elector or voter," except where the word is used

 3  to describe presidential electors.

 4         (11)(12)  "General election" means an election held on

 5  the first Tuesday after the first Monday in November in the

 6  even-numbered years, for the purpose of filling national,

 7  state, county, and district offices and for voting on

 8  constitutional amendments not otherwise provided for by law.

 9         (12)(13)  "Lists of registered electors" means copies

10  of printed lists of registered electors, computer tapes or

11  disks, or any other device used by the supervisor of elections

12  to maintain voter records.

13         (13)(14)  "Member of the Merchant Marine" means an

14  individual, other than a member of a uniformed service or an

15  individual employed, enrolled, or maintained on the Great

16  Lakes for the inland waterways, who is:

17         (a)  Employed as an officer or crew member of a vessel

18  documented under the laws of the United States, a vessel owned

19  by the United States, or a vessel of foreign-flag registry

20  under charter to or control of the United States; or

21         (b)  Enrolled with the United States for employment or

22  training for employment, or maintained by the United States

23  for emergency relief service, as an officer or crew member of

24  such vessel.

25         (14)(15)  "Minor political party" is any group as

26  defined in this subsection which on January 1 preceding a

27  primary election does not have registered as members 5 percent

28  of the total registered electors of the state. Any group of

29  citizens organized for the general purposes of electing to

30  office qualified persons and determining public issues under

31  the democratic processes of the United States may become a

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  minor political party of this state by filing with the

 2  department a certificate showing the name of the organization,

 3  the names of its current officers, including the members of

 4  its executive committee, and a copy of its constitution or

 5  bylaws. It shall be the duty of the minor political party to

 6  notify the department of any changes in the filing certificate

 7  within 5 days of such changes.

 8         (15)(16)  "Newspaper of general circulation" means a

 9  newspaper printed in the language most commonly spoken in the

10  area within which it circulates and which is readily available

11  for purchase by all inhabitants in the area of circulation,

12  but does not include a newspaper intended primarily for

13  members of a particular professional or occupational group, a

14  newspaper the primary function of which is to carry legal

15  notices, or a newspaper that is given away primarily to

16  distribute advertising.

17         (16)(17)  "Nominal value" means having a retail value

18  of $10 or less.

19         (17)(18)  "Nonpartisan office" means an office for

20  which a candidate is prohibited from campaigning or qualifying

21  for election or retention in office based on party

22  affiliation.

23         (18)(19)  "Office that serves persons with

24  disabilities" means any state office that takes applications

25  either in person or over the telephone from persons with

26  disabilities for any program, service, or benefit primarily

27  related to their disabilities.

28         (19)(20)  "Overseas voter" means:

29         (a)  Members of the uniformed services while in the

30  active service who are permanent residents of the state and

31  

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  are temporarily residing outside the territorial limits of the

 2  United States and the District of Columbia;

 3         (b)  Members of the Merchant Marine of the United

 4  States who are permanent residents of the state and are

 5  temporarily residing outside the territorial limits of the

 6  United States and the District of Columbia; and

 7         (c)  Other citizens of the United States who are

 8  permanent residents of the state and are temporarily residing

 9  outside the territorial limits of the United States and the

10  District of Columbia,

11  

12  who are qualified and registered to vote as provided by law.

13         (20)(21)  "Overvote" means that the elector marks or

14  designates more names than there are persons to be elected to

15  an office or designates more than one answer to a ballot

16  question, and the tabulator records no vote for the office or

17  question.

18         (21)(22)  "Persons with disabilities" means individuals

19  who have a physical or mental impairment that substantially

20  limits one or more major life activities.

21         (22)(23)  "Polling place" is the building which

22  contains the polling room where ballots are cast.

23         (23)(24)  "Polling room" means the actual room in which

24  ballots are cast.

25         (24)(25)  "Primary election" means an election held

26  preceding the general election for the purpose of nominating a

27  party nominee to be voted for in the general election to fill

28  a national, state, county, or district office. The first

29  primary is a nomination or elimination election; the second

30  primary is a nominating election only.

31  

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (25)(26)  "Provisional ballot" means a conditional

 2  ballot, the validity of which is determined by the canvassing

 3  board issued to a voter by the election board at the polling

 4  place on election day for one of the following reasons:

 5         (a)  The voter's name does not appear on the precinct

 6  register and verification of the voter's eligibility cannot be

 7  determined; or

 8         (b)  There is an indication on the precinct register

 9  that the voter has requested an absentee ballot and there is

10  no indication whether the voter has returned the absentee

11  ballot.

12         (26)(27)  "Public assistance" means assistance provided

13  through the food stamp program; the Medicaid program; the

14  Special Supplemental Food Program for Women, Infants, and

15  Children; and the WAGES Program.

16         (27)(28)  "Public office" means any federal, state,

17  county, municipal, school, or other district office or

18  position which is filled by vote of the electors.

19         (28)(29)  "Qualifying educational institution" means

20  any public or private educational institution receiving state

21  financial assistance which has, as its primary mission, the

22  provision of education or training to students who are at

23  least 18 years of age, provided such institution has more than

24  200 students enrolled in classes with the institution and

25  provided that the recognized student government organization

26  has requested this designation in writing and has filed the

27  request with the office of the supervisor of elections in the

28  county in which the institution is located.

29         (29)(30)  "Special election" is a special election

30  called for the purpose of voting on a party nominee to fill a

31  vacancy in the national, state, county, or district office.

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (30)(31)  "Special primary election" is a special

 2  nomination election designated by the Governor, called for the

 3  purpose of nominating a party nominee to be voted on in a

 4  general or special election.

 5         (31)(32)  "Supervisor" means the supervisor of

 6  elections.

 7         (32)(33)  "Tactile input device" means a device that

 8  provides information to a voting system by means of a voter

 9  touching the device, such as a keyboard, and that complies

10  with the requirements of s. 101.56062(1)(k) and (l).

11         (33)(34)  "Undervote" means that the elector does not

12  properly designate any choice for an office or ballot

13  question, and the tabulator records no vote for the office or

14  question.

15         (34)(35)  "Uniformed services" means the Army, Navy,

16  Air Force, Marine Corps, and Coast Guard, the commissioned

17  corps of the Public Health Service, and the commissioned corps

18  of the National Oceanic and Atmospheric Administration.

19         (35)(36)  "Voter interface device" means any device

20  that communicates voting instructions and ballot information

21  to a voter and allows the voter to select and vote for

22  candidates and issues.

23         (36)(37)  "Voter registration agency" means any office

24  that provides public assistance, any office that serves

25  persons with disabilities, any center for independent living,

26  or any public library.

27         (37)(38)  "Voting booth" or "booth" means that booth or

28  enclosure wherein an elector casts his or her ballot for

29  tabulation by an electronic or electromechanical device.

30         (38)(39)  "Voting system" means a method of casting and

31  processing votes that functions wholly or partly by use of

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  electromechanical or electronic apparatus or by use of paper

 2  ballots and includes, but is not limited to, the procedures

 3  for casting and processing votes and the programs, operating

 4  manuals, tabulating cards, printouts, and other software

 5  necessary for the system's operation.

 6         Section 3.  Subsection (3) of section 97.052, Florida

 7  Statutes, is amended to read:

 8         97.052  Uniform statewide voter registration

 9  application.--

10         (3)  The uniform statewide voter registration

11  application must also contain:

12         (a)  The oath required by s. 3, Art. VI of the State

13  Constitution and s. 97.051.

14         (b)  A statement specifying each eligibility

15  requirement under s. 97.041.

16         (c)  The penalties provided in s. 104.011 for false

17  swearing in connection with voter registration.

18         (d)  A statement that, if an applicant declines to

19  register to vote, the fact that the applicant has declined to

20  register will remain confidential and may be used only for

21  voter registration purposes.

22         (e)  A statement that informs the applicant who chooses

23  to register to vote or update a voter registration record that

24  the office at which the applicant submits a voter registration

25  application or updates a voter registration record will remain

26  confidential and may be used only for voter registration

27  purposes.

28         (f)  A statement that informs the applicant that any

29  person who has been granted a homestead exemption in this

30  state, and who registers to vote in any precinct other than

31  the one in which the property for which the homestead

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  exemption has been granted, shall have that information

 2  forwarded to the property appraiser where such property is

 3  located, which may result in the person's homestead exemption

 4  being terminated and the person being subject to assessment of

 5  back taxes under s. 193.092, unless the homestead granted the

 6  exemption is being maintained as the permanent residence of a

 7  legal or natural dependent of the owner and the owner resides

 8  elsewhere.

 9         (g)  A statement informing the applicant that if the

10  form is submitted by mail and the applicant is registering for

11  the first time, the applicant will be required to provide

12  identification prior to voting the first time.

13         Section 4.  Paragraph (a) of subsection (5) of section

14  97.053, Florida Statutes, is amended to read:

15         97.053  Acceptance of voter registration

16  applications.--

17         (5)(a)  A voter registration application is complete if

18  it contains:

19         1.  The applicant's name.

20         2.  The applicant's legal residence address.

21         3.  The applicant's date of birth.

22         4.  An indication that the applicant is a citizen of

23  the United States.

24         5.  The applicant's Florida driver's license number,

25  the identification number from a Florida identification card

26  issued under s. 322.051, or the last four digits of the

27  applicant's social security number.

28         6.  An indication that the applicant has not been

29  convicted of a felony or that, if convicted, has had his or

30  her civil rights restored.

31  

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         7.  An indication that the applicant has not been

 2  adjudicated mentally incapacitated with respect to voting or

 3  that, if so adjudicated, has had his or her right to vote

 4  restored.

 5         8.  Signature of the applicant swearing or affirming

 6  under the penalty for false swearing pursuant to s. 104.011

 7  that the information contained in the registration application

 8  is true and subscribing to the oath required by s. 3, Art. VI

 9  of the State Constitution and s. 97.051.

10         Section 5.  Effective upon this act becoming a law,

11  section 97.028, Florida Statutes, is created to read:

12         97.028  Procedures on complaints of violations of Title

13  III of the Help America Vote Act of 2002.--

14         (1)(a)  Any person who believes that a violation of

15  Title III of the Help America Vote Act of 2002 has occurred,

16  is occurring, or is about to occur may file a complaint with

17  the department.

18         (b)  The complaint must be in writing and must be

19  signed and sworn to before a notary by the person filing the

20  complaint. Further, the complaint must state the alleged

21  violation and the person or entity responsible for the

22  violation. The department shall prescribe the form for

23  complaints filed under this section. If the department

24  determines that the complaint fails to allege both a violation

25  and a person or entity responsible for the violation, or that

26  the complaint is not properly executed, the department shall

27  inform the complainant in writing that the complaint is

28  legally insufficient.

29         (c)  For purposes of this section, a violation of Title

30  III of the Help America Vote Act of 2002 is the failure to

31  perform an act required or the performance of an act

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  prohibited by Title III of the Help America Vote Act of 2002

 2  by a covered person or entity.

 3         (d)  The department shall have sole jurisdiction over

 4  complaints filed under the provisions of this section.

 5         (e)  This section provides the sole avenue of redress

 6  for alleged violations of Title III of the Help America Vote

 7  Act of 2002 and does not give rise to any other cause of

 8  action.

 9         (f)  The department may consolidate complaints filed

10  under this section.

11         (g)  All proceedings under this section are exempt from

12  chapter 120.

13         (2)(a)  When a legally sufficient complaint is filed

14  with the department, the agency head shall designate a hearing

15  officer who shall:

16         1.  Provide the subject of the complaint with a copy of

17  the complaint. The subject of the complaint shall, within 10

18  days after receipt of the complaint, file with the department

19  a written, sworn response to the complaint.

20         2.  Upon receipt of the response, the hearing officer

21  shall review both sworn filings to determine whether a

22  violation of the Title III of the Help America Vote Act of

23  2002 has occurred, is occurring, or is about to occur. The

24  complaint and the response shall constitute the official

25  hearing record to be considered by the hearing officer. The

26  hearing officer shall provide the complainant with a copy of

27  the response.

28         3.  At the hearing officer's discretion, the

29  complainant and the respondent may be ordered by the hearing

30  officer to provide additional sworn oral or written statements

31  or additional documents to assist the hearing officer in

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  making his or her determination. Further, other relevant

 2  witnesses may also be ordered by the hearing officer to give

 3  sworn testimony or to provide relevant documents to assist the

 4  hearing officer in making his or her determination. Any such

 5  statements or documents received by the hearing officer shall

 6  also become part of the official hearing record. For purposes

 7  of this section, the hearing officer is authorized to

 8  administer oaths and to issue subpoenas.

 9         4.  The hearing officer shall advise both the

10  complainant and respondent in writing of their determination.

11  If the hearing officer determines that no violation has

12  occurred, is occurring, or is about to occur, the department

13  shall dismiss the complaint and publish its determination. If

14  the hearing officer determines that a violation of Title III

15  of the Help America Vote Act has occurred, is occurring, or is

16  about to occur, the department shall issue and deliver an

17  order directing the appropriate remedy to persons responsible

18  for effecting such remedy. The issuance of an order does not

19  constitute agency action for which a hearing under ss. 120.569

20  or 120.57 may be sought. For purposes of enforcing the order,

21  the department may initiate a proceeding in the name of the

22  state seeking issuance of an injunction, a writ of mandamus,

23  or other equitable remedy against any person who violates any

24  provision of such order.

25         5.  The department shall make a final determination

26  with respect to the complaint within 90 days after the date

27  that the complaint was filed, unless the complainant consents

28  to a longer period for making such a determination.

29         (b)  If the department fails to meet the deadline

30  established in subparagraph (a)5., the complaint shall be

31  forwarded to mediation. Mediation shall occur within 60 days

                                  17

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  after the department's failure to make a determination within

 2  the timeframe established in subparagraph (a)5. The record

 3  created under this section shall be made available for use in

 4  the mediation.

 5         Section 6.  Section 97.0535, Florida Statutes, is

 6  created to read:

 7         97.0535  Special requirements for certain applicants.--

 8         (1)  Each applicant who registers by mail and who has

 9  never previously voted in the county shall be required to

10  provide a copy of a current and valid identification, as

11  provided in subsection (3), or indicate that he or she is

12  exempt from the requirements prior to voting. The applicant

13  may provide the identification or indication at the time of

14  registering, or at any time prior to voting for the first time

15  in the county. If the voter registration application clearly

16  provides information from which the supervisor can determine

17  that the applicant meets at least one of the exemptions in

18  subsection (4), the supervisor shall make the notation on the

19  registration records and the applicant shall not be required

20  to provide further information that is required of first time

21  voters who register by mail.

22         (2)  The supervisor of elections shall, upon accepting

23  the voter registration for an applicant who registered by mail

24  and who has not previously voted in the county, determine if

25  the applicant provided the required identification at the time

26  of registering. If the required identification was not

27  provided, the supervisor shall notify the applicant that he or

28  she must provide the identification prior to voting the first

29  time in the county.

30  

31  

                                  18

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (3)(a)  The following forms of identification shall be

 2  considered current and valid if they contain the name and

 3  photograph of the applicant and have not expired:

 4         1.  Florida driver's license.

 5         2.  Florida identification card issued by the

 6  Department of Highway Safety and Motor Vehicles.

 7         3.  United States passport.

 8         4.  Employee badge or identification.

 9         5.  Buyer's club identification.

10         6.  Debit or credit card.

11         7.  Military identification.

12         8.  Student identification.

13         9.  Retirement center identification.

14         10.  Neighborhood association identification.

15         11.  Entertainment identification.

16         12.  Public assistance identification.

17         (b)  The following forms of identification shall be

18  considered current and valid if they contain the name and

19  current residence address of the applicant:

20         1.  Utility bill.

21         2.  Bank statement.

22         3.  Government check.

23         4.  Paycheck.

24         5.  Other government document (excluding voter

25  identification card).

26         (4)  The following persons are exempt from the

27  identification requirements of this section:

28         (a)  Persons 65 years of age or older.

29         (b)  Persons with a temporary or permanent physical

30  disability.

31  

                                  19

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (c)  Members of the uniformed service on active duty

 2  who, by reason of such active duty, are absent from the county

 3  on election day.

 4         (d)  Members of the merchant marine who, by reason of

 5  service in the merchant marine, are absent from the county on

 6  election day.

 7         (e)  The spouse or dependent of a member referred to in

 8  paragraph (c) or paragraph (d) who, by reason of the active

 9  duty or service of the member, is absent from the county on

10  election day.

11         (f)  Persons currently residing outside the United

12  States who are eligible to vote in Florida.

13         Section 7.  Subsection (3) of section 98.045, Florida

14  Statutes, is amended to read:

15         98.045  Administration of voter registration.--

16         (3)  Notwithstanding the provisions of ss. 98.095,

17  98.097, and 98.0977, each supervisor shall maintain for at

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

19  copying, all records concerning implementation of registration

20  list maintenance programs and activities conducted pursuant to

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

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

23  address confirmation final notice was sent and information as

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

25  not include any information that is confidential or exempt

26  from public record requirements under this code.

27         Section 8.  Section 98.097, Florida Statutes, is

28  repealed.

29         Section 9.  Section 98.0977, Florida Statutes, is

30  amended to read:

31  

                                  20

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         98.0977  Statewide voter registration database;

 2  operation development and maintenance.--

 3         (1)  From the funds appropriated, The department shall

 4  may contract with the Florida Association of Court Clerks to

 5  analyze, design, develop, operate, and maintain the a

 6  statewide, on-line voter registration database and associated

 7  website until such time as the statewide voter registration

 8  system required to be developed pursuant to the Help America

 9  Vote Act of 2002 is operational, to be fully operational

10  statewide by June 1, 2002. The database shall contain voter

11  registration information from each of the 67 supervisors of

12  elections in this state and shall be accessible through an

13  Internet website. The system shall provide functionality for

14  ensuring that the database is updated on a daily basis to

15  determine if a registered voter is ineligible to vote for any

16  of the following reasons, including, but not limited to:

17         (a)  The voter is deceased;

18         (b)  The voter has been convicted of a felony and has

19  not had his or her civil rights restored; or

20         (c)  The voter has been adjudicated mentally

21  incompetent and his or her mental capacity with respect to

22  voting has not been restored.

23  

24  The database shall also allow for duplicate voter

25  registrations to be identified.

26         (2)  The Department of State shall not contract with

27  any private entity other than the Florida Association of Court

28  Clerks for the operation or maintenance of the statewide voter

29  registration database.

30         (3)(a)  In administering the database, each supervisor

31  of elections shall compare registration information provided

                                  21

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  by a voter with information held by the Department of Law

 2  Enforcement, the Board of Executive Clemency, the Office of

 3  Vital Statistics, and other relevant sources.

 4         (b)  The supervisor of elections shall remove from the

 5  voter registration rolls the name of any person who is listed

 6  in the database as deceased.

 7         (c)  Information in the database indicating that a

 8  person registered to vote in a given county has subsequently

 9  registered to vote in another jurisdiction shall be considered

10  as a written request from that voter to have his or her name

11  removed from the voter registration rolls of that county, and

12  the supervisor of elections of that county shall remove that

13  voter's name from the county's voter registration rolls.

14         (d)  When the supervisor of elections finds information

15  through the database that suggests that a voter has been

16  convicted of a felony and has not had his or her civil rights

17  restored or has been adjudicated mentally incompetent and his

18  or her mental capacity with respect to voting has not been

19  restored, the supervisor of elections shall notify the voter

20  by certified United States mail. The notification shall

21  contain a statement as to the reason for the voter's potential

22  ineligibility to be registered to vote and shall request

23  information from the voter on forms provided by the supervisor

24  of elections. As an alternative, the voter may attend a

25  hearing at a time and place specified in the notice. If there

26  is evidence that the notice was not received, notice must be

27  given once by publication in a newspaper of general

28  circulation in the county. The notice must plainly state that

29  the voter is potentially ineligible to be registered to vote

30  and must state a time and place for the person to appear

31  before the supervisor of elections to show cause why his or

                                  22

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  her name should not be removed from the voter registration

 2  rolls. After reviewing the information provided by the voter,

 3  if the supervisor of elections determines that the voter is

 4  not eligible to vote under the laws of this state, the

 5  supervisor of elections shall notify the voter by certified

 6  United States mail that he or she has been found ineligible to

 7  be registered to vote in this state, shall state the reason

 8  for the ineligibility, and shall inform the voter that he or

 9  she has been removed from the voter registration rolls. The

10  supervisor of elections shall remove from the voter

11  registration rolls the name of any voter who fails either to

12  respond within 30 days to the notice sent by certified mail or

13  to attend the hearing.

14         (e)  Upon hearing all evidence in a hearing, the

15  supervisor of elections must determine whether there is

16  sufficient evidence to strike the person's name from the

17  registration books. If the supervisor determines that there is

18  sufficient evidence, he or she must strike the name.

19         (f)  Appeal may be taken to the circuit court in and

20  for the county where the person was registered. Notice of

21  appeal must be filed within the time and in the manner

22  provided by the Florida Rules of Appellate Procedure and acts

23  as supersedeas. Trial in the circuit court is de novo and

24  governed by the rules of that court. Unless the person can

25  show that his or her name was erroneously or illegally

26  stricken from the registration books or that he or she is

27  indigent, the person must bear the costs of the trial in the

28  circuit court. Otherwise, the cost of the appeal must be paid

29  by the board of county commissioners.

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

31  government entities shall facilitate provision of information

                                  23

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  and access to data to the department in order to compare

 2  information in the statewide voter registration database with

 3  available information in other computer databases, including,

 4  but not limited to, databases that contain reliable criminal

 5  records and records of deceased persons. State and local

 6  governmental agencies that provide such data shall do so

 7  without charge if the direct cost incurred by those agencies

 8  is not significant.

 9         (5)  The Division of Elections shall provide written

10  quarterly progress reports on each phase of development of the

11  voter registration database to the President of the Senate and

12  the Speaker of the House of Representatives beginning July 1,

13  2001, and continuing until the database is fully implemented.

14         (5)(6)  The duties of the supervisors of elections

15  under this section shall be considered part of their regular

16  registration list maintenance duties under this chapter, and

17  any supervisor of elections who willfully refuses or willfully

18  neglects to perform his or her duties under this section shall

19  be in violation of s. 104.051(2).

20         Section 10.  (1)  Beginning July 1, 2003, from the

21  funds appropriated the Department of State shall begin the

22  development of a statewide voter registration system designed

23  to meet the requirements of sections 303 through 305 of the

24  Help America Vote Act of 2002. The Legislature recognizes that

25  the January 1, 2004, implementation date for the system

26  provided in the federal bill cannot be met because there is

27  not sufficient time for implementation of such a system.

28  Accordingly, the department shall certify these facts to the

29  Election Assistance Commission in order to qualify for waiver

30  and extension of the due date until January 1, 2006.

31  

                                  24

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (2)  The department shall begin system needs

 2  assessments and design activities by July 1, 2003. The

 3  Department of Highway Safety and Motor Vehicles, the

 4  Department of Health, the Department of Law Enforcement, the

 5  Board of Executive Clemency, the State Technology Office, and

 6  representatives of the Florida State Association of

 7  Supervisors of Elections shall cooperate and participate in

 8  the development of the system. Other state agencies and local

 9  government entities that may have data or systems needed for

10  integration with the system shall also cooperate and

11  participate in the development of the system upon a request

12  from the department.

13         (3)  No later than January 31, 2004, the department

14  shall present to the Governor, the President of the Senate,

15  and the Speaker of the House of Representatives a plan for

16  completion of the system, which shall include:

17         (a)  Business process design for all participants in

18  the system operation.

19         (b)  Design, location, and specifications for hardware,

20  system software components, and communications infrastructure

21  of the system.

22         (c)  Design, specifications, and development plans for

23  application software for the system.

24         (d)  Budget for completion of the system, including all

25  agencies and county offices.

26         (e)  Recommended statutory changes needed to implement

27  the system.

28         (4)  This phase of the development shall continue

29  through June 30, 2004, and shall include design and

30  development of the core system, which will be operated by the

31  Department of State; definition of the business processes

                                  25

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  which will be required of the other agencies and counties; and

 2  functional requirements specifications for integration with

 3  the data systems of the other agencies and the counties.

 4         (5)  This section shall take effect upon this act

 5  becoming a law.

 6         Section 11.  Section 98.212, Florida Statutes, is

 7  amended to read:

 8         98.212  Supervisors to furnish statistical and other

 9  information.--

10         (1)(a)  Upon written request, supervisors shall, as

11  promptly as possible, furnish to recognized public or private

12  universities and senior colleges within the state, to state or

13  county governmental agencies, and to recognized political

14  party committees statistical information for the purpose of

15  analyzing election returns and results.

16         (b)  Supervisors may require reimbursement for any part

17  or all of the actual expenses of supplying any information

18  requested under paragraph (a). For the purposes of this

19  subsection, supervisors may use the services of any research

20  and statistical personnel that may be supplied.

21         (c)  Lists of names submitted to supervisors for

22  indication of registration or nonregistration or of party

23  affiliation shall be processed at any time at cost, except

24  that in no case shall the charge exceed 10 cents for each name

25  on which the information is furnished.

26         (2)  The supervisors shall provide information as

27  requested by the department for program evaluation and

28  reporting to the Federal Election Commission pursuant to the

29  National Voter Registration Act of 1993.

30  

31  

                                  26

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (3)  The supervisors shall provide information as

 2  requested by the department for the creation and maintenance

 3  of the central voter file.

 4         Section 12.  Section 98.461, Florida Statutes, is

 5  amended to read:

 6         98.461  Registration form, precinct register;

 7  contents.--A registration form, approved by the Department of

 8  State, containing the information required in s. 97.052 shall

 9  be filed alphabetically in the office of the supervisor as the

10  master list of electors of the county. However, the

11  registration forms may be microfilmed and such microfilms

12  substituted for the original registration forms; or, when

13  voter registration information, including the voter's

14  signature, is maintained digitally or on electronic, magnetic,

15  or optic media, such stored information may be substituted for

16  the original registration form. Such microfilms or stored

17  information shall be retained in the custody of the supervisor

18  of elections. In the event the original registration forms are

19  microfilmed or maintained digitally or on electronic or other

20  media, such originals may be destroyed in accordance with the

21  schedule approved by the Bureau of Archives and Records

22  Management of the Division of Library and Information Services

23  of the Department of State. As an alternative, the information

24  from the registration form, including the signature, may be

25  electronically reproduced and stored as provided in s. 98.451.

26  A computer printout shall may be used at the polls as a

27  precinct register in lieu of the registration books. The

28  precinct register shall contain the date of the election, the

29  precinct number, and the following information concerning each

30  registered elector: last name, first name, and middle name or

31  initial; party affiliation; residence address; registration

                                  27

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  number; date of birth; sex, if provided; race, if provided;

 2  whether the voter needs assistance in voting; and such other

 3  additional information as to readily identify the elector. The

 4  precinct register may also contain a list of the forms of

 5  identification, which must include, but is not limited to, a

 6  Florida driver's license, a Florida identification card issued

 7  under s. 322.051, or another form of picture identification

 8  approved by the Department of State. The precinct register

 9  shall may also contain a space for the elector's signature

10  and, a space for the initials of the witnessing clerk or

11  inspector, and a space for the signature slip or ballot

12  number.

13         Section 13.  Section 98.471, Florida Statutes, is

14  renumbered as section 101.043, Florida Statutes, and amended

15  to read:

16         101.043 98.471  Identification required Use of precinct

17  register at polls.--

18         (1)  The precinct register, as prescribed in s. 98.461,

19  shall may be used at the polls in lieu of the registration

20  books for the purpose of identifying the elector at the polls

21  prior to allowing him or her to vote. The clerk or inspector

22  shall require each elector, upon entering the polling place,

23  to present a current and valid Florida driver's license, a

24  Florida identification card issued under s. 322.051, or

25  another form of picture identification as provided in s.

26  97.0535(3)(a). If the picture identification does not contain

27  the signature of the voter, an additional identification that

28  provides the voter's signature shall be required approved by

29  the Department of State. The elector shall sign his or her

30  name in the space provided, and the clerk or inspector shall

31  compare the signature with that on the identification provided

                                  28

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  by the elector and enter his or her initials in the space

 2  provided and allow the elector to vote if the clerk or

 3  inspector is satisfied as to the identity of the elector.

 4         (2)  Except as provided in subsection (3), if the

 5  elector fails to furnish the required identification, or if

 6  the clerk or inspector is in doubt as to the identity of the

 7  elector, such clerk or inspector shall follow the procedure

 8  prescribed in s. 101.49.

 9         (3)  If the elector who fails to furnish the required

10  identification is a first-time voter who registered by mail

11  and has not provided the required identification to the

12  supervisor of elections prior to election day, the elector

13  shall be allowed to vote a provisional ballot. The canvassing

14  board shall determine the validity of the ballot pursuant to

15  s. 101.048(2).

16         Section 14.  Section 98.491, Florida Statutes, is

17  repealed.

18         Section 15.  Section 101.048, Florida Statutes, is

19  amended to read:

20         101.048  Provisional ballots.--

21         (1)  At all elections, a voter claiming to be properly

22  registered in the county and eligible to vote at the precinct

23  in the election, but whose eligibility cannot be determined,

24  and other persons specified in the code shall be entitled to

25  vote a provisional ballot. Once voted, the provisional ballot

26  shall be placed in a secrecy envelope and thereafter sealed in

27  a provisional ballot envelope. The provisional ballot shall be

28  deposited in a ballot box. All provisional ballots shall

29  remain sealed in their envelopes for return to the supervisor

30  of elections. The department shall prescribe the form of the

31  provisional ballot envelope.

                                  29

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




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

 2  provisional ballot envelope to determine if the person voting

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

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

 5  already cast a ballot in the election.

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

 7  registered and entitled to vote at the precinct where the

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

 9  compare the signature on the provisional ballot envelope with

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

11  shall count the ballot.

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

13  provisional ballot was not registered or entitled to vote at

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

15  provisional ballot shall not be counted and the ballot shall

16  remain in the envelope containing the Provisional Ballot

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

18  marked "Rejected as Illegal."

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

20  Affirmation shall be in substantially the following form:

21  

22         STATE OF FLORIDA

23         COUNTY OF _____

24  

25         I do solemnly swear (or affirm) that my name is _____;

26  that my date of birth is _____; that I am registered to vote

27  and at the time I registered I resided at _____, in the

28  municipality of _____, in _____ County, Florida; that I am

29  registered in the _____ Party; that I am a qualified voter of

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

31  understand that if I commit any fraud in connection with

                                  30

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




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

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

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

 4         ... (Signature of Voter) ...

 5         ... (Current Residence Address) ...

 6         ... (Current Mailing Address) ...

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

 8         ... (Driver's License Number or Last Four Digits of

 9  Social Security Number) ...

10         Sworn to and subscribed before me this _____ day of

11  __________, ... (year) ....

12         ... (Election Official) ...

13  

14         Precinct # _____ Ballot Style/Party Issued: _____

15  

16  Additional information may be provided to further assist the

17  supervisor of elections in determining eligibility.

18         (4)  In counties where the voting system does not

19  utilize a paper ballot, the supervisor of elections may shall

20  provide the appropriate provisional ballot to the voter by

21  electronic means as provided for by the certified voting

22  system. Each person casting a provisional ballot by electronic

23  means shall, prior to casting his or her ballot, complete the

24  Provisional Ballot Voter   s Certificate and Affirmation as

25  provided in subsection (3) ballots to each polling place.

26         (5)  Each person casting a provisional ballot shall be

27  given written instructions regarding the free access system

28  established pursuant to subsection (6). The instructions shall

29  contain information on how to access the system and the

30  information the voter will need to provide to obtain

31  information on his or her particular ballot. The instructions

                                  31

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  shall also include the following statement: "If this is a

 2  primary election, you should contact the supervisor of

 3  elections' office immediately to confirm that you are

 4  registered and can vote in the general election."

 5         (6)  Each supervisor of elections shall establish a

 6  free access system that allows each person who casts a

 7  provisional ballot to determine whether his or her provisional

 8  ballot was counted in the final canvass of votes and, if not,

 9  the reasons why. Information regarding provisional ballots

10  shall be available no later than 30 days following the

11  election. The system established must restrict information

12  regarding an individual ballot to the person who cast the

13  ballot.

14         Section 16.  Section 101.049, Florida Statutes, is

15  created to read:

16         101.049  Provisional ballots; special circumstances.--

17         (1)  Any person who votes in an election after the

18  regular poll-closing time pursuant to a court or other order

19  extending the statutory polling hours must vote a provisional

20  ballot. Once voted, the provisional ballot shall be placed in

21  a secrecy envelope and thereafter sealed in a provisional

22  ballot envelope. The election official witnessing the voter's

23  subscription and affirmation on the Provisional Ballot Voter's

24  Certificate shall indicate whether or not the voter met all

25  requirements to vote a regular ballot at the polls. All such

26  provisional ballots shall remain sealed in their envelopes and

27  transmitted to the supervisor of elections.

28         (2)  Separate and apart from all other ballots, the

29  county canvassing board shall count all late-voted provisional

30  ballots that the canvassing board determines to be valid.

31  

                                  32

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (3)  The supervisor shall ensure that late-voted

 2  provisional ballots are not commingled with other ballots

 3  during the canvassing process or at any other time they are

 4  statutorily required to be in the supervisor's possession.

 5         (4)  This section shall not apply to voters in line at

 6  the poll-closing time provided in s. 100.011 who cast their

 7  ballot subsequent to that time.

 8         (5)  As an alternative, provisional ballots cast

 9  pursuant to this section may be cast in accordance with the

10  provisions of s. 101.048(4).

11         Section 17.  Section 101.111, Florida Statutes, is

12  amended to read:

13         101.111  Person desiring to vote may be challenged;

14  challenger to execute oath; oath of person challenged elector;

15  determination of challenge.--

16         (1)  When the right to vote of any person who desires

17  to vote is challenged questioned by any elector or poll

18  watcher, the challenge shall be reduced to writing with an

19  oath as provided in this section, giving reasons for the

20  challenge, which shall be delivered to the clerk or inspector.

21  Any elector or authorized poll watcher challenging the right

22  of a person to vote an elector at an election shall execute

23  the oath set forth below:

24  

25         OATH OF PERSON ENTERING CHALLENGE

26  

27         State of Florida

28         County of _____

29  

30         I do solemnly swear that my name is _____; that I am a

31  member of the _____ party; that I am _____ years old; that I

                                  33

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  was born in the state of_____ or the country of _____; that my

 2  residence address is on _____ street, in the municipality of

 3  _____; and that I have reason to believe that _____ is

 4  attempting to vote illegally and the reasons for my belief are

 5  set forth herein to wit:  

 6         ...  (Signature of person challenging voter)  ...

 7  

 8         Sworn and subscribed to before me this _____ day of

 9  _____, ...  (year)  ....

10         ...  (Clerk of election)  ...

11  

12         (2)  Before a person who is challenged elector is

13  permitted to vote by any officer or person in charge of

14  admission to the polling place, the challenged person's

15  elector's right to vote shall be determined in accordance with

16  the provisions of subsection (3). The clerk or inspector shall

17  immediately deliver to the challenged person elector a copy of

18  the oath of the person entering the challenge and shall

19  request the challenged person elector to execute the following

20  oath affidavit:

21  

22         OATH OF PERSON CHALLENGED VOTER

23  

24         State of Florida

25         County of _____

26  

27         I do solemnly swear that my name is _____; that I am a

28  member of the _____ party; that my date of birth is I am _____

29  years old; that I was born in the state of _____ or the

30  country of _____; that my residence address is on _____

31  street, in the municipality of _____, in this the _____

                                  34

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  precinct of _____ county; that I personally made application

 2  for registration and signed my name and that I am a qualified

 3  voter in this election, and I am not registered to vote in any

 4  other precinct other than the one in which I am presently

 5  seeking to vote.

 6         ...  (Signature of person voter)  ...

 7  

 8         Sworn and subscribed to before me this _____ day of

 9  _____, ...  (year)  ....

10         ...  (Clerk of election or Inspector)  ...

11  

12  Any inspector or clerk of election may administer the oath.

13         (3)(a)  The clerk and inspectors shall compare the

14  information in the challenged person's oath with that entered

15  on the precinct register and shall take any other evidence

16  that may be offered. The clerk and inspectors shall then

17  decide by a majority vote whether the challenged person may

18  vote a regular ballot.

19         (b)  If the challenged person refuses to complete the

20  oath or if a majority of the clerk and inspectors doubt the

21  eligibility of the person to vote, the challenged person shall

22  be allowed to vote a provisional ballot. The oath of the

23  person entering the challenge and the oath of the person

24  challenged shall be attached to the provisional ballot for

25  transmittal to the canvassing board. If the challenged person

26  refuses to make and sign the affidavit, the clerk or inspector

27  shall refuse to allow him or her to vote. If such person makes

28  the affidavit, the inspectors and clerk of election shall

29  compare the information in the affidavit with that entered on

30  the registration books opposite the person's name, and, upon

31  such comparison of the information and the person's signature

                                  35

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  and the taking of other evidence which may then be offered,

 2  the clerk and inspectors shall decide by a majority vote

 3  whether the challenged person may vote. If the challenged

 4  person is unable to write or sign his or her name, the clerk

 5  or inspector shall examine the precinct register to ascertain

 6  whether the person registered under the name of such person is

 7  represented to have signed his or her name. If the person is

 8  so represented, then he or she shall be denied permission to

 9  vote without further examination; but, if not, then the clerk

10  or one of the inspectors shall place such person under oath

11  and orally examine him or her upon the subject matter

12  contained in the affidavit, and, if there is any doubt as to

13  the identity of such person, the clerk or inspector shall

14  compare the person's appearance with the description entered

15  upon the precinct register opposite the person's name. The

16  clerk or inspector shall then proceed as in other cases to

17  determine whether the challenged person may vote.

18         Section 18.  Paragraph (a) of subsection (1) of section

19  101.62, Florida Statutes, is amended to read:

20         101.62  Request for absentee ballots.--

21         (1)(a)  The supervisor may accept a request for an

22  absentee ballot from an elector in person or in writing.

23  Except as provided in s. 101.694, one request shall be deemed

24  sufficient to receive an absentee ballot for all elections

25  which are held within a calendar year, unless the elector or

26  the elector's designee indicates at the time the request is

27  made the elections for which the elector desires to receive an

28  absentee ballot. Such request may be considered canceled when

29  any first-class mail sent by the supervisor to the elector is

30  returned as undeliverable.

31  

                                  36

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         Section 19.  Subsection (1) of section 101.64, Florida

 2  Statutes, is amended to read:

 3         101.64  Delivery of absentee ballots; envelopes;

 4  form.--

 5         (1)  The supervisor shall enclose with each absentee

 6  ballot two envelopes: a secrecy envelope, into which the

 7  absent elector shall enclose his or her marked ballot; and a

 8  mailing envelope, into which the absent elector shall then

 9  place the secrecy envelope, which shall be addressed to the

10  supervisor and also bear on the back side a certificate in

11  substantially the following form:

12  

13         Note: Please Read Instructions Carefully Before

14         Marking Ballot and Completing Voter's Certificate.

15  

16                       VOTER'S CERTIFICATE

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

18  qualified and registered voter of _____ County, Florida, and

19  that I have not and will not vote more than one ballot in this

20  election. I understand that if I commit or attempt to commit

21  any fraud in connection with voting, vote a fraudulent ballot,

22  or vote more than once in an election, I can be convicted of a

23  felony of the third degree and fined up to $5,000 and/or

24  imprisoned for up to 5 years. I also understand that failure

25  to sign this certificate and have my signature properly

26  witnessed will invalidate my ballot.

27  

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

29  

30  

31  

                                  37

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         Note: Your Signature Must Be Witnessed By One Witness

 2  18 Years of Age or Older as provided in item 8 of the

 3  Instruction Sheet.

 4  

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

 6  Certificate in my presence.

 7  

 8         ...  (Signature of Witness)  ...

 9  

10         ...  (Address)  ...

11  

12         ...  (City/State)  ...

13         Section 20.  Section 101.65, Florida Statutes, is

14  amended to read:

15         101.65  Instructions to absent electors.--The

16  supervisor shall enclose with each absentee ballot separate

17  printed instructions in substantially the following form:

18  

19         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING

20  BALLOT.

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

22  absentee ballot will be counted, it should be completed and

23  returned as soon as possible so that it can reach the

24  supervisor of elections of the county in which your precinct

25  is located no later than 7 p.m. on the day of the election.

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

27  ballot. You must mark your own ballot unless you are unable to

28  do so because of blindness, disability, or inability to read

29  or write.

30         3.  Mark only the number of candidates or issue choices

31  for a race as indicated on the ballot. If you are allowed to

                                  38

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  "Vote for One" candidate and you vote for more than one

 2  candidate, your vote in that race will not be counted.

 3         4.3.  Place your marked ballot in the enclosed secrecy

 4  envelope.

 5         5.4.  Insert the secrecy envelope into the enclosed

 6  mailing envelope which is addressed to the supervisor.

 7         6.5.  Seal the mailing envelope and completely fill out

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

 9         7.6.  VERY IMPORTANT. In order for your absentee ballot

10  to be counted, you must sign your name on the line above

11  (Voter's Signature).

12         8.7.  VERY IMPORTANT. If you are an overseas voter, you

13  must include the date you signed the Voter's Certificate on

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

15         9.8.  VERY IMPORTANT. In order for your absentee ballot

16  to be counted, it must include the signature and address of a

17  witness 18 years of age or older affixed to the Voter's

18  Certificate. No candidate may serve as an attesting witness.

19         10.9.  Mail, deliver, or have delivered the completed

20  mailing envelope. Be sure there is sufficient postage if

21  mailed.

22         11.10.  FELONY NOTICE. It is a felony under Florida law

23  to accept any gift, payment, or gratuity in exchange for your

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

25  vote in an election using a false identity or false address,

26  or under any other circumstances making your ballot false or

27  fraudulent.

28         Section 21.  Section 101.657, Florida Statutes, is

29  amended to read:

30         101.657  Voting absentee ballots in person.--

31  

                                  39

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




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

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

 3  under the supervision of, the supervisor of elections. Before

 4  receiving the ballot, the elector must present a current and

 5  valid Florida driver's license, a Florida identification card

 6  issued under s. 322.051, or another form of picture

 7  identification as provided in s. 97.0535(3)(a) approved by the

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

 9  required identification, or if the supervisor is in doubt as

10  to the identity of the elector, the supervisor must follow the

11  procedure prescribed in s. 101.49. If the elector who fails to

12  furnish the required identification is a first-time voter who

13  registered by mail and has not provided the required

14  identification to the supervisor of elections prior to voting,

15  the elector shall be allowed to vote a provisional ballot. The

16  canvassing board shall compare the signature on the

17  provisional ballot envelope with the signature on the voter's

18  registration and, if the signatures match, shall count the

19  ballot.

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

21  and 101.65, the supervisor of elections may allow an elector

22  to cast an absentee ballot in the main or branch office of the

23  supervisor by depositing the voted ballot in a voting device

24  used by the supervisor to collect or tabulate ballots. The

25  results or tabulation may not be made before the close of the

26  polls on election day.

27         (a)  The elector must provide picture identification as

28  required in subsection (1) and must complete an In-Office

29  Voter Certificate in substantially the following form:

30  

31         IN-OFFICE VOTER CERTIFICATE

                                  40

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  

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

 3  registered voter of _____ County, Florida. I do solemnly swear

 4  or affirm that I am the person so listed on the voter

 5  registration rolls of _____ County and that I reside at the

 6  listed address. I understand that if I commit or attempt to

 7  commit fraud in connection with voting, vote a fraudulent

 8  ballot, or vote more than once in an election I could be

 9  convicted of a felony of the third degree and both fined up to

10  $5,000 and imprisoned for up to 5 years. I understand that my

11  failure to sign this certificate and have my signature

12  witnessed invalidates my ballot.

13  

14  

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

16  

17         ...  (Address)  ...

18  

19         ...  (City/State)  ...

20  

21         ...  (Name of Witness)  ...

22  

23         ...  (Signature of Witness)  ...

24  

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

26  

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

28  cast an absentee ballot under the provisions of s. 101.111.

29  Any challenged ballot must be placed in a regular absentee

30  ballot envelope. The canvassing board shall review the ballot

31  and decide the validity of the ballot by majority vote.

                                  41

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (c)  The canvass of returns for ballots cast under this

 2  subsection shall be substantially the same as votes cast by

 3  electors in precincts, as provided in s. 101.5614.

 4         Section 22.  Section 101.6921, Florida Statutes, is

 5  created to read:

 6         101.6921  Delivery of special absentee ballot to

 7  certain first-time voters.--

 8         (1)  The provisions of this section apply to voters who

 9  registered to vote by mail, who have not previously voted in

10  the county, and who have not provided the identification or

11  certification required by s. 97.0535 by the time the absentee

12  ballot is mailed.

13         (2)  The supervisor shall enclose with each absentee

14  ballot three envelopes: a secrecy envelope, into which the

15  absent elector will enclose his or her marked ballot; an

16  envelope containing the Voter's Certificate, into which the

17  absent elector shall place the secrecy envelope; and a mailing

18  envelope, which shall be addressed to the supervisor and into

19  which the absent elector will place the envelope containing

20  the Voter's Certificate and a copy of the required

21  identification.

22         (3)  The Voter's Certificate shall be in substantially

23  the following form:

24         Note:  Please Read Instructions Carefully Before

25  Marking Ballot and Completing Voter's Certificate

26         VOTER'S CERTIFICATE

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

28  qualified and registered voter of _____ County, Florida, and

29  that I have not and will note vote more than one ballot in

30  this election. I understand that if I commit or attempt to

31  commit any fraud in connection with voting, vote a fraudulent

                                  42

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  ballot, or vote more than once in an election, I can be

 2  convicted of a felony of the third degree and fined up to

 3  $5,000 and/or imprisoned for up to 5 years. I also understand

 4  that failure to sign this certificate and have my signature

 5  properly witnessed will invalidate my ballot. I understand

 6  that unless I meet one of the exemptions below, I must provide

 7  a copy of a current and valid identification as provided in

 8  the instruction sheet to the supervisor of elections in order

 9  for my ballot to count.

10         I further certify that I am exempt from the

11  requirements to furnish a copy of a current and valid

12  identification with my ballot because of one or more of the

13  following (check all that apply):

14         I am 65 years of age or older.

15         I have a permanent or temporary physical disability.

16         I am a member of a uniformed service on active duty

17  who, by reason of such active duty, will be absent from the

18  county on election day.

19         I am a member of the merchant marine who, by reason of

20  service in the merchant marine, will be absent from the county

21  on election day.

22         I am the spouse or dependent of a member of the

23  uniformed service or merchant marine who, by reason of the

24  active duty or service of the member, will be absent from the

25  county on election day.

26         I am currently residing outside the United States.

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

28  

29  Note: Your signature must be witnessed by one witness 18 years

30  of age or older as provided in the instruction sheet.

31  

                                  43

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




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

 2  Certificate in my presence.

 3  

 4  ...  (Signature of witness)  ...

 5  

 6  ...  (Address)  ...

 7  

 8  ...  (City/State)  ...

 9  

10         (4)  The certificate shall be arranged on the back of

11  the envelope so that the lines for the signatures of the

12  absent elector and the attesting witness are across the seal

13  of the envelope.

14         Section 23.  Section 101.6923, Florida Statutes, is

15  created to read:

16         101.6923  Special absentee ballot instructions for

17  certain first-time voters.--

18         (1)  The provisions of this section apply to voters who

19  registered to vote by mail, who have not previously voted in

20  the county, and who have not provided the identification or

21  information required by s. 97.0535 by the time the absentee

22  ballot is mailed.

23         (2)  A voter covered by this section shall be provided

24  with the following printed instructions with his or her

25  absentee ballot:

26  

27  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.

28  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT

29  TO COUNT.

30  

31  

                                  44

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         1.  In order to ensure that your absentee ballot will

 2  be counted, it should be completed and returned as soon as

 3  possible so that it can reach the supervisor of elections of

 4  the county in which your precinct is located no later than 7

 5  p.m. on the date of the election.

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

 7  ballot. You must mark your own ballot unless you are unable to

 8  do so because of blindness, disability, or inability to read

 9  or write.

10         3.  Mark only the number of candidates or issue choices

11  for a race as indicated on the ballot. If you are allowed to

12  "Vote for One" candidate and you vote for more than one, your

13  vote in that race will not be counted.

14         4.  Place your marked ballot in the enclosed secrecy

15  envelope and seal the envelope.

16         5.  Insert the secrecy envelope into the enclosed

17  envelope bearing the Voter's Certificate. Seal the envelope

18  and completely fill out the Voter's Certificate on the back of

19  the envelope.

20         a.  You must sign your name on the line above (Voter's

21  Signature).

22         b.  You must have your signature witnessed. Have the

23  witness sign above (Signature of Witness) and include his or

24  her address. No candidate may serve as an attesting witness.

25         c.  If you are an overseas voter, you must include the

26  date you signed the Voter's Certificate on the line above

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

28         6.  Unless you meet one of the exemptions in Item 7.,

29  you must make a copy of one of the following forms of

30  identification:

31  

                                  45

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         a.  Identification which must include your name and

 2  photograph: current and valid Florida driver's license;

 3  Florida identification card issued by the Department of

 4  Highway Safety and Motor Vehicles; United States passport;

 5  employee badge or identification; buyer's club identification

 6  card; debit or credit card; military identification; student

 7  identification; retirement center identification; neighborhood

 8  association identification; entertainment identification; or

 9  public assistance identification; or

10         b.  Identification which shows your name and current

11  residence address: current utility bill, bank statement,

12  government check, paycheck, or government document (excluding

13  voter identification card).

14         7.  The identification requirements of Item 6. do not

15  apply if you meet one of the following requirements:

16         a.  You are 65 years of age or older.

17         b.  You have a temporary or permanent physical

18  disability.

19         c.  You are a member of a uniformed service on active

20  duty who, by reason of such active duty, will be absent from

21  the county on election day.

22         d.  You are a member of the merchant marine who, by

23  reason of service in the merchant marine, will be absent from

24  the county on election day.

25         e.  You are the spouse or dependent of a member

26  referred to in subparagraph c. or subparagraph d. who, by

27  reason of the active duty or service of the member, will be

28  absent from the county on election day.

29         f.  You are currently residing outside the United

30  States.

31  

                                  46

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         8.  Place the envelope bearing the Voter's Certificate

 2  into the mailing envelope addressed to the supervisor. Insert

 3  a copy of your identification in the mailing envelope. DO NOT

 4  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

 5  BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S

 6  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

 7         9.  Mail, deliver, or have delivered the completed

 8  mailing envelope. Be sure there is sufficient postage if

 9  mailed.

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

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

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

13  vote in an election using a false identity or false address,

14  or under any other circumstances making your ballot false or

15  fraudulent.

16         Section 24.  Section 101.6925, Florida Statutes, is

17  created to read:

18         101.6925  Canvassing special absentee ballots.--

19         (1)  The supervisor of the county where the absent

20  elector resides shall receive the voted special absentee

21  ballot, at which time the mailing envelope shall be opened to

22  determine if the voter has enclosed the identification

23  required or has indicated on the Voter's Certificate that he

24  or she is exempt from the identification requirements.

25         (2)  If the identification is enclosed or the voter has

26  indicated that he or she is exempt from the identification

27  requirements, the supervisor shall make the note on the

28  registration records of the voter and proceed to canvass the

29  absentee ballot as provided in s. 101.68.

30         (3)  If the identification is not enclosed in the

31  mailing envelope and the voter has not indicated that he or

                                  47

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  she is exempt from the identification requirements, the

 2  supervisor shall check the voter registration records to

 3  determine if the voter's identification was previously

 4  received or the voter had previously notified the supervisor

 5  that he or she was exempt. The envelope with the Voter's

 6  Certificate shall not be opened unless the identification has

 7  been received or the voter has indicated that he or she is

 8  exempt. The ballot shall be treated as a provisional ballot

 9  until 7 p.m. on election day and shall not be canvassed unless

10  the supervisor has received the required identification or

11  written indication of exemption by 7 p.m. on election day.

12         Section 25.  Subsection (1) of section 101.694, Florida

13  Statutes, is amended to read:

14         101.694  Mailing of ballots upon receipt of federal

15  postcard application.--

16         (1)  Upon receipt of a federal postcard application for

17  an absentee ballot executed by a person whose registration is

18  in order or whose application is sufficient to register or

19  update the registration of that person, the supervisor shall

20  mail to the applicant a ballot, if the ballots are available

21  for mailing. The federal postcard application request for an

22  absentee ballot shall be effective for all elections through

23  the next two regularly scheduled general elections.

24         Section 26.  Subsections (2) and (6) of section

25  102.141, Florida Statutes, are amended to read:

26         102.141  County canvassing board; duties.--

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

28  building accessible to the public in the county where the

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

30  supervisor of elections to publicly canvass the absentee

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

                                  48

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  ballots as provided by ss. s. 101.048, 101.049, and 101.6925.

 2  Provisional ballots cast pursuant to s. 101.049 shall be

 3  canvassed in a manner that votes for candidates and issues on

 4  those ballots can be segregated from other votes. Public

 5  notice of the time and place at which the county canvassing

 6  board shall meet to canvass the absentee electors' ballots and

 7  provisional ballots shall be given at least 48 hours prior

 8  thereto by publication once in one or more newspapers of

 9  general circulation in the county or, if there is no newspaper

10  of general circulation in the county, by posting such notice

11  in at least four conspicuous places in the county. As soon as

12  the absentee electors' ballots and the provisional ballots are

13  canvassed, the board shall proceed to publicly canvass the

14  vote given each candidate, nominee, constitutional amendment,

15  or other measure submitted to the electorate of the county, as

16  shown by the returns then on file in the office of the

17  supervisor of elections and the office of the county court

18  judge.

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

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

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

22  candidate for retention to a judicial office was retained or

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

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

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

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

27  responsible for certifying the results of the vote on such

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

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

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

31  if the candidate or candidates defeated or eliminated from

                                  49

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




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

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

 3  recount not be made.

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

 5  ballots, each canvassing board responsible for conducting a

 6  recount shall put each ballot through automatic tabulating

 7  equipment and determine whether the returns correctly reflect

 8  the votes cast. If any paper ballot is physically damaged so

 9  that it cannot be properly counted by the automatic tabulating

10  equipment during the recount, a true duplicate shall be made

11  of the damaged ballot pursuant to the procedures in s.

12  101.5614(5). Immediately before the start of the recount and

13  after completion of the count, a test of the tabulating

14  equipment shall be conducted as provided in s. 101.5612. If

15  the test indicates no error, the recount tabulation of the

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

17  canvassed accordingly. If an error is detected, the cause

18  therefor shall be ascertained and corrected and the recount

19  repeated, as necessary. The canvassing board shall immediately

20  report the error, along with the cause of the error and the

21  corrective measures being taken, to the Department of State.

22  No later than 11 days after the election, the canvassing board

23  shall file a separate incident report with the Department of

24  State, detailing the resolution of the matter and identifying

25  any measures that will avoid a future recurrence of the error.

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

27  paper ballots, each canvassing board responsible for

28  conducting a recount shall examine the counters on the

29  precinct tabulators to ensure that the total of the returns on

30  the precinct tabulators equals the overall election return. If

31  there is a discrepancy between the overall election return and

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  the counters of the precinct tabulators, the counters of the

 2  precinct tabulators shall be presumed correct and such votes

 3  shall be canvassed accordingly.

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

 5  unofficial returns to the Department of State for each

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

 7  measure no later than noon on the third day after any election

 8  in which a recount was conducted pursuant to this subsection.

 9  If the canvassing board is unable to complete the recount

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

11  of unofficial returns submitted by the canvassing board shall

12  be identical to the initial unofficial returns and the

13  submission shall also include a detailed explanation of why it

14  was unable to timely complete the recount. However, the

15  canvassing board shall complete the recount prescribed in this

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

17  102.166, and certify election returns in accordance with the

18  requirements of this chapter.

19         (d)  The Department of State shall adopt detailed rules

20  prescribing additional recount procedures for each certified

21  voting system, which shall be uniform to the extent

22  practicable.

23         Section 27.  Paragraph (y) of subsection (1) of section

24  125.01, Florida Statutes, is amended to read:

25         125.01  Powers and duties.--

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

27  shall have the power to carry on county government. To the

28  extent not inconsistent with general or special law, this

29  power includes, but is not restricted to, the power to:

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

31  any primary election, general election, or otherwise called

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1  special election, when agreed to by a majority vote of the

 2  total membership of the legislative and governing body, so as

 3  to obtain an expression of elector sentiment with respect to

 4  matters of substantial concern within the county. No special

 5  election may be called for the purpose of conducting a straw

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

 7  associated with any ballot question or election called

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

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

10  in part as the case may warrant.

11         Section 28.  Section 20 of chapter 2002-281, Laws of

12  Florida, is repealed.

13         Section 29.  (1)  Notwithstanding section 100.061,

14  Florida Statutes, for the year 2004, a primary election for

15  nomination of candidates of political parties shall be held on

16  the Tuesday nine weeks prior to the general election. The

17  candidate receiving the highest number of the votes cast in

18  each contest in the primary election shall be declared

19  nominated for such office. If two or more persons receive an

20  equal and highest number of votes for the same office, such

21  persons shall draw lots to determine who shall receive the

22  nomination.

23         (2)  Notwithstanding section 100.091, Florida Statutes,

24  or any other provision of the Florida Election Code to the

25  contrary, there shall be no second primary election between

26  the effective date of this act and January 1, 2006.

27         (3)(a)  No later than 5 p.m. of the 9th day following

28  the primary election in 2004, each candidate for Governor

29  shall designate a Lieutenant Governor as a running mate. Such

30  designation must be made in writing to the Department of

31  State.

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    Florida Senate - 2003                                  SB 10-B
    20-2682B-03                                         See HB 29B




 1         (b)  No later than the time specified in paragraph (a),

 2  each designated candidate for Lieutenant Governor shall file

 3  with the Department of State the qualifying papers specified

 4  in section 99.063, Florida Statutes.

 5         (4)(a)  For the 2004 elections, following the last day

 6  of qualifying for office, reports required under section

 7  106.07, Florida Statutes, shall be filed on the 32nd, 18th,

 8  and 4th days immediately preceding the primary election and on

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

10  general election, notwithstanding any provision of section

11  106.07, Florida Statutes, to the contrary.

12         (b)  For the 2004 elections, following the last day of

13  qualifying for office, any statewide candidate who has

14  requested to receive contributions from the Election Campaign

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

16  a candidate who has requested to receive contributions from

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

18  25th, and 32nd days immediately preceding the primary election

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

20  days prior to the general election.

21         (5)  For the 2004 elections, there shall be two

22  elections for purposes of the contribution limits in s.

23  106.08, Florida Statutes.

24         Section 30.  If any law amended by this act was also

25  amended by a law enacted at the 2003 Regular Session of the

26  Legislature or at the 2003 Special Session A of the

27  Legislature, such laws shall be construed as if they had been

28  enacted at the same session of the Legislature, and full

29  effect shall be given to each if possible.

30         Section 31.  Except as otherwise provided herein, this

31  act shall take effect January 1, 2004.

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