ENROLLED HB 0029B 2003 Legislature
1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising and providing duties of the Secretary of State as
4	chief election officer; amending s. 97.021, F.S.; deleting
5	the definition of "central voter file"; revising the
6	definition of "provisional ballot"; amending s. 97.052,
7	F.S.; requiring the uniform statewide voter registration
8	application to contain a notice to first-time registrants
9	about required identification prior to voting the first
10	time; amending s. 97.053, F.S.; authorizing use of a
11	driver's license or state-issued identification card
12	number in lieu of a portion of the social security number
13	on a voter registration application; creating s. 97.028,
14	F.S.; providing procedures on complaints of violations of
15	Title III of the Help America Vote Act of 2002; creating
16	s. 97.0535, F.S.; providing registration requirements for
17	applicants who register by mail and who haven't previously
18	voted in the county; amending s. 98.045, F.S.; deleting a
19	reference, to conform; repealing s. 98.097, F.S., relating
20	to the central voter file; amending s. 98.0977, F.S.;
21	providing for continued operation and maintenance of the
22	statewide voter registration database until the statewide
23	voter registration system required by the Help America
24	Vote Act of 2002 is operational; requiring the Department
25	of State to begin the development of a statewide voter
26	registration system designed to meet certain requirements
27	of the Help America Vote Act of 2002; amending s. 98.212,
28	F.S.; removing duty of supervisors of elections relating
29	to the central voter file, to conform; amending s. 98.461,
30	F.S.; requiring use of a computer printout as a precinct
31	register at the polls; requiring the precinct register to
32	contain space for elector signatures and clerk or
33	inspector initials; amending and renumbering s. 98.471,
34	F.S.; providing requirements for identification required
35	at the polls; providing for voting a provisional ballot
36	under certain circumstances; repealing s. 98.491, F.S.,
37	relating to intent that alternative electronic procedures
38	for registration and elections be followed at the
39	discretion of the supervisor of elections; amending s.
40	101.048, F.S.; providing for casting a provisional ballot
41	by electronic means; requiring each supervisor of
42	elections to create a free access system that allows each
43	person casting a provisional ballot to find out whether
44	the ballot was counted and, if not, why; requiring each
45	person casting a provisional ballot to be given written
46	instructions regarding the free access system; creating s.
47	101.049, F.S.; requiring voting that occurs during polling
48	hours extended by a court or other order to be done by
49	provisional ballot; providing requirements for casting
50	provisional ballots under such circumstances; amending s.
51	101.111, F.S.; revising provisions relating to challenging
52	the right of a person to vote; providing for voting a
53	provisional ballot under certain circumstances; amending
54	s. 101.62, F.S.; providing an exception to limiting an
55	absentee ballot request to ballots for elections within a
56	single calendar year; amending s. 101.64, F.S.; revising a
57	reference on the Voter's Certificate; amending s. 101.65,
58	F.S.; revising the instructions to absentee electors to
59	include instructions to prevent overvoting; amending s.
60	101.657, F.S.; requiring certain persons voting absentee
61	in person to vote a provisional ballot; creating s.
62	101.6921, F.S.; providing requirements for delivery of
63	special absentee ballots for certain first-time voters;
64	creating s. 101.6923, F.S.; providing voter instructions
65	for such special absentee ballots; creating s. 101.6925,
66	F.S.; providing requirements for the canvassing of special
67	absentee ballots; amending s. 101.694, F.S.; authorizing
68	federal postcard applicants for absentee ballots to
69	receive ballots for two general election cycles; amending
70	s. 102.141, F.S.; requiring the canvassing of provisional
71	ballots cast during any extended polling-hour period to
72	segregate the votes from such ballots from other votes;
73	directing the Department of State to adopt uniform rules
74	for machine recounts; amending s. 125.01, F.S.; conforming
75	a cross reference; repealing s. 20, ch. 2002-281, Laws of
76	Florida; eliminating future revision of a cross reference,
77	to conform; amending s. 163.511, F.S.; revising a
78	reference; revising the primary date in 2004; suspending
79	operation of the second primary election until January 1,
80	2006; providing a date in 2004 by which candidates for
81	Lieutenant Governor must be designated and qualified;
82	providing campaign finance reporting dates; specifying
83	applicability of contribution limits for the 2004
84	elections; providing for construction of the act in pari
85	materia with laws enacted during the 2003 Regular Session
86	or 2003 Special Session A of the Legislature; providing
87	effective dates.
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1. Section 97.012, Florida Statutes, is amended to
92	read:
93	97.012 Secretary of State as chief election officer.--The
94	Secretary of State is the chief election officer of the state,
95	and it is his or her responsibility to:
96	(1) Obtain and maintain uniformity in the application,
97	operation, and interpretation of the election laws.
98	(2) Provide uniform standards for the proper and equitable
99	implementation of the registration laws.
100	(3) Actively seek out and collect the data and statistics
101	necessary to knowledgeably scrutinize the effectiveness of
102	election laws.
103	(4) Provide technical assistance to the supervisors of
104	elections on voter education and election personnel training
105	services.
106	(5) Provide technical assistance to the supervisors of
107	elections on voting systems.
108	(6) Provide voter education assistance to the public.
109	(7) Coordinate the state's responsibilities under the
110	National Voter Registration Act of 1993.
111	(8) Provide training to all affected state agencies on the
112	necessary procedures for proper implementation of this chapter.
113	(9) Ensure that all registration applications and forms
114	prescribed or approved by the department are in compliance with
115	the Voting Rights Act of 1965.
116	(10) Coordinate with the United States Department of
117	Defense so that armed forces recruitment offices administer
118	voter registration in a manner consistent with the procedures
119	set forth in this code for voter registration agencies.
120	(11) Create and maintain a statewide voter registration
121	databasecentral voter file.
122	(12) Maintain a voter fraud hotline and provide election
123	fraud education to the public.
124	(13) Designate an office within the department to be
125	responsible for providing information regarding voter
126	registration procedures and absentee ballot procedures to absent
127	uniformed services voters and overseas voters.
128	Section 2. Section 97.021, Florida Statutes, is amended to
129	read:
130	97.021 Definitions.--For the purposes of this code, except
131	where the context clearly indicates otherwise, the term:
132	(1) "Absent elector" means any registered and qualified
133	voter who casts an absentee ballot.
134	(2) "Alternative formats" has the meaning ascribed in the
135	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
136	U.S.C. ss. 12101 et seq., including specifically the technical
137	assistance manuals promulgated thereunder, as amended.
138	(3) "Ballot" or "official ballot" when used in reference
139	to:
140	(a) "Paper ballots" means that printed sheet of paper,
141	used in conjunction with an electronic or electromechanical vote
142	tabulation voting system, containing the names of candidates, or
143	a statement of proposed constitutional amendments or other
144	questions or propositions submitted to the electorate at any
145	election, on which sheet of paper an elector casts his or her
146	vote.
147	(b) "Electronic or electromechanical devices" means a
148	ballot that is voted by the process of electronically
149	designating, including by touchscreen, or marking with a marking
150	device for tabulation by automatic tabulating equipment or data
151	processing equipment.
152	(4) "Candidate" means any person to whom any one or more
153	of the following applies:
154	(a) Any person who seeks to qualify for nomination or
155	election by means of the petitioning process.
156	(b) Any person who seeks to qualify for election as a
157	write-in candidate.
158	(c) Any person who receives contributions or makes
159	expenditures, or gives his or her consent for any other person
160	to receive contributions or make expenditures, with a view to
161	bringing about his or her nomination or election to, or
162	retention in, public office.
163	(d) Any person who appoints a treasurer and designates a
164	primary depository.
165	(e) Any person who files qualification papers and
166	subscribes to a candidate's oath as required by law.
167
168	However, this definition does not include any candidate for a
169	political party executive committee.
170	(5) "Central voter file" means a statewide, centrally
171	maintained database containing voter registration information of
172	all counties in this state.
173	(5)(6)"Department" means the Department of State.
174	(6)(7)"Division" means the Division of Elections of the
175	Department of State.
176	(7)(8)"Election" means any primary election, special
177	primary election, special election, general election, or
178	presidential preference primary election.
179	(8)(9)"Election board" means the clerk and inspectors
180	appointed to conduct an election.
181	(9)(10)"Election costs" shall include, but not be limited
182	to, expenditures for all paper supplies such as envelopes,
183	instructions to voters, affidavits, reports, ballot cards,
184	ballot booklets for absentee voters, postage, notices to voters;
185	advertisements for registration book closings, testing of voting
186	equipment, sample ballots, and polling places; forms used to
187	qualify candidates; polling site rental and equipment delivery
188	and pickup; data processing time and supplies; election records
189	retention; and labor costs, including those costs uniquely
190	associated with absentee ballot preparation, poll workers, and
191	election night canvass.
192	(10)(11)"Elector" is synonymous with the word "voter" or
193	"qualified elector or voter," except where the word is used to
194	describe presidential electors.
195	(11)(12)"General election" means an election held on the
196	first Tuesday after the first Monday in November in the even-
197	numbered years, for the purpose of filling national, state,
198	county, and district offices and for voting on constitutional
199	amendments not otherwise provided for by law.
200	(12)(13)"Lists of registered electors" means copies of
201	printed lists of registered electors, computer tapes or disks,
202	or any other device used by the supervisor of elections to
203	maintain voter records.
204	(13)(14)"Member of the Merchant Marine" means an
205	individual, other than a member of a uniformed service or an
206	individual employed, enrolled, or maintained on the Great Lakes
207	for the inland waterways, who is:
208	(a) Employed as an officer or crew member of a vessel
209	documented under the laws of the United States, a vessel owned
210	by the United States, or a vessel of foreign-flag registry under
211	charter to or control of the United States; or
212	(b) Enrolled with the United States for employment or
213	training for employment, or maintained by the United States for
214	emergency relief service, as an officer or crew member of such
215	vessel.
216	(14)(15)"Minor political party" is any group as defined
217	in this subsection which on January 1 preceding a primary
218	election does not have registered as members 5 percent of the
219	total registered electors of the state. Any group of citizens
220	organized for the general purposes of electing to office
221	qualified persons and determining public issues under the
222	democratic processes of the United States may become a minor
223	political party of this state by filing with the department a
224	certificate showing the name of the organization, the names of
225	its current officers, including the members of its executive
226	committee, and a copy of its constitution or bylaws. It shall be
227	the duty of the minor political party to notify the department
228	of any changes in the filing certificate within 5 days of such
229	changes.
230	(15)(16)"Newspaper of general circulation" means a
231	newspaper printed in the language most commonly spoken in the
232	area within which it circulates and which is readily available
233	for purchase by all inhabitants in the area of circulation, but
234	does not include a newspaper intended primarily for members of a
235	particular professional or occupational group, a newspaper the
236	primary function of which is to carry legal notices, or a
237	newspaper that is given away primarily to distribute
238	advertising.
239	(16)(17)"Nominal value" means having a retail value of
240	$10 or less.
241	(17)(18)"Nonpartisan office" means an office for which a
242	candidate is prohibited from campaigning or qualifying for
243	election or retention in office based on party affiliation.
244	(18)(19)"Office that serves persons with disabilities"
245	means any state office that takes applications either in person
246	or over the telephone from persons with disabilities for any
247	program, service, or benefit primarily related to their
248	disabilities.
249	(19)(20)"Overseas voter" means:
250	(a) Members of the uniformed services while in the active
251	service who are permanent residents of the state and are
252	temporarily residing outside the territorial limits of the
253	United States and the District of Columbia;
254	(b) Members of the Merchant Marine of the United States
255	who are permanent residents of the state and are temporarily
256	residing outside the territorial limits of the United States and
257	the District of Columbia; and
258	(c) Other citizens of the United States who are permanent
259	residents of the state and are temporarily residing outside the
260	territorial limits of the United States and the District of
261	Columbia,
262
263	who are qualified and registered to vote as provided by law.
264	(20)(21)"Overvote" means that the elector marks or
265	designates more names than there are persons to be elected to an
266	office or designates more than one answer to a ballot question,
267	and the tabulator records no vote for the office or question.
268	(21)(22)"Persons with disabilities" means individuals who
269	have a physical or mental impairment that substantially limits
270	one or more major life activities.
271	(22)(23)"Polling place" is the building which contains
272	the polling room where ballots are cast.
273	(23)(24)"Polling room" means the actual room in which
274	ballots are cast.
275	(24)(25)"Primary election" means an election held
276	preceding the general election for the purpose of nominating a
277	party nominee to be voted for in the general election to fill a
278	national, state, county, or district office. The first primary
279	is a nomination or elimination election; the second primary is a
280	nominating election only.
281	(25)(26) "Provisional ballot" means a conditional ballot,
282	the validity of which is determined by the canvassing board
283	issued to a voter by the election board at the polling place on
284	election day for one of the following reasons:
285	(a) The voter's name does not appear on the precinct
286	register and verification of the voter's eligibility cannot be
287	determined; or
288	(b) There is an indication on the precinct register that
289	the voter has requested an absentee ballot and there is no
290	indication whether the voter has returned the absentee ballot.
291	(26)(27)"Public assistance" means assistance provided
292	through the food stamp program; the Medicaid program; the
293	Special Supplemental Food Program for Women, Infants, and
294	Children; and the WAGES Program.
295	(27)(28)"Public office" means any federal, state, county,
296	municipal, school, or other district office or position which is
297	filled by vote of the electors.
298	(28)(29)"Qualifying educational institution" means any
299	public or private educational institution receiving state
300	financial assistance which has, as its primary mission, the
301	provision of education or training to students who are at least
302	18 years of age, provided such institution has more than 200
303	students enrolled in classes with the institution and provided
304	that the recognized student government organization has
305	requested this designation in writing and has filed the request
306	with the office of the supervisor of elections in the county in
307	which the institution is located.
308	(29)(30)"Special election" is a special election called
309	for the purpose of voting on a party nominee to fill a vacancy
310	in the national, state, county, or district office.
311	(30)(31)"Special primary election" is a special
312	nomination election designated by the Governor, called for the
313	purpose of nominating a party nominee to be voted on in a
314	general or special election.
315	(31)(32)"Supervisor" means the supervisor of elections.
316	(32)(33)"Tactile input device" means a device that
317	provides information to a voting system by means of a voter
318	touching the device, such as a keyboard, and that complies with
319	the requirements of s. 101.56062(1)(k) and (l).
320	(33)(34)"Undervote" means that the elector does not
321	properly designate any choice for an office or ballot question,
322	and the tabulator records no vote for the office or question.
323	(34)(35)"Uniformed services" means the Army, Navy, Air
324	Force, Marine Corps, and Coast Guard, the commissioned corps of
325	the Public Health Service, and the commissioned corps of the
326	National Oceanic and Atmospheric Administration.
327	(35)(36)"Voter interface device" means any device that
328	communicates voting instructions and ballot information to a
329	voter and allows the voter to select and vote for candidates and
330	issues.
331	(36)(37)"Voter registration agency" means any office that
332	provides public assistance, any office that serves persons with
333	disabilities, any center for independent living, or any public
334	library.
335	(37)(38)"Voting booth" or "booth" means that booth or
336	enclosure wherein an elector casts his or her ballot for
337	tabulation by an electronic or electromechanical device.
338	(38)(39)"Voting system" means a method of casting and
339	processing votes that functions wholly or partly by use of
340	electromechanical or electronic apparatus or by use of paper
341	ballots and includes, but is not limited to, the procedures for
342	casting and processing votes and the programs, operating
343	manuals, tabulating cards, printouts, and other software
344	necessary for the system's operation.
345	Section 3. Subsection (3) of section 97.052, Florida
346	Statutes, is amended to read:
347	97.052 Uniform statewide voter registration application.--
348	(3) The uniform statewide voter registration application
349	must also contain:
350	(a) The oath required by s. 3, Art. VI of the State
351	Constitution and s. 97.051.
352	(b) A statement specifying each eligibility requirement
353	under s. 97.041.
354	(c) The penalties provided in s. 104.011 for false
355	swearing in connection with voter registration.
356	(d) A statement that, if an applicant declines to register
357	to vote, the fact that the applicant has declined to register
358	will remain confidential and may be used only for voter
359	registration purposes.
360	(e) A statement that informs the applicant who chooses to
361	register to vote or update a voter registration record that the
362	office at which the applicant submits a voter registration
363	application or updates a voter registration record will remain
364	confidential and may be used only for voter registration
365	purposes.
366	(f) A statement that informs the applicant that any person
367	who has been granted a homestead exemption in this state, and
368	who registers to vote in any precinct other than the one in
369	which the property for which the homestead exemption has been
370	granted, shall have that information forwarded to the property
371	appraiser where such property is located, which may result in
372	the person's homestead exemption being terminated and the person
373	being subject to assessment of back taxes under s. 193.092,
374	unless the homestead granted the exemption is being maintained
375	as the permanent residence of a legal or natural dependent of
376	the owner and the owner resides elsewhere.
377	(g) A statement informing the applicant that if the form is
378	submitted by mail and the applicant is registering for the first
379	time, the applicant will be required to provide identification
380	prior to voting the first time.
381	Section 4. Paragraph (a) of subsection (5) of section
382	97.053, Florida Statutes, is amended to read:
383	97.053 Acceptance of voter registration applications.--
384	(5)(a) A voter registration application is complete if it
385	contains:
386	1. The applicant's name.
387	2. The applicant's legal residence address.
388	3. The applicant's date of birth.
389	4. An indication that the applicant is a citizen of the
390	United States.
391	5. The applicant’s Florida driver’s license number, the
392	identification number from a Florida identification card issued
393	under s. 322.051, orthe last four digits of the applicant's
394	social security number.
395	6. An indication that the applicant has not been convicted
396	of a felony or that, if convicted, has had his or her civil
397	rights restored.
398	7. An indication that the applicant has not been
399	adjudicated mentally incapacitated with respect to voting or
400	that, if so adjudicated, has had his or her right to vote
401	restored.
402	8. Signature of the applicant swearing or affirming under
403	the penalty for false swearing pursuant to s. 104.011 that the
404	information contained in the registration application is true
405	and subscribing to the oath required by s. 3, Art. VI of the
406	State Constitution and s. 97.051.
407	Section 5. Effective upon this act becoming a law, section
408	97.028, Florida Statutes, is created to read:
409	97.028 Procedures on complaints of violations of Title III
410	of the Help America Vote Act of 2002.--
411	(1)(a) Any person who believes that a violation of Title
412	III of the Help America Vote Act of 2002 has occurred, is
413	occurring, or is about to occur may file a complaint with the
414	department.
415	(b) The complaint must be in writing and must be signed and
416	sworn to before a notary by the person filing the complaint.
417	Further, the complaint must state the alleged violation and the
418	person or entity responsible for the violation. The department
419	shall prescribe the form for complaints filed under this section.
420	If the department determines that the complaint fails to allege
421	both a violation and a person or entity responsible for the
422	violation, or that the complaint is not properly executed, the
423	department shall inform the complainant in writing that the
424	complaint is legally insufficient.
425	(c) For purposes of this section, a violation of Title III
426	of the Help America Vote Act of 2002 is the failure to perform an
427	act required or the performance of an act prohibited by Title III
428	of the Help America Vote Act of 2002 by a covered person or
429	entity.
430	(d) The department shall have sole jurisdiction over
431	complaints filed under the provisions of this section.
432	(e) This section provides the sole avenue of redress for
433	alleged violations of Title III of the Help America Vote Act of
434	2002 and does not give rise to any other cause of action.
435	(f) The department may consolidate complaints filed under
436	this section.
437	(g) All proceedings under this section are exempt from
438	chapter 120.
439	(2)(a) When a legally sufficient complaint is filed with
440	the department, the agency head shall designate a hearing officer
441	who shall:
442	1. Provide the subject of the complaint with a copy of the
443	complaint. The subject of the complaint shall, within 10 days
444	after receipt of the complaint, file with the department a
445	written, sworn response to the complaint.
446	2. Upon receipt of the response, the hearing officer shall
447	review both sworn filings to determine whether a violation of the
448	Title III of the Help America Vote Act of 2002 has occurred, is
449	occurring, or is about to occur. The complaint and the response
450	shall constitute the official hearing record to be considered by
451	the hearing officer. The hearing officer shall provide the
452	complainant with a copy of the response.
453	3. At the hearing officer’s discretion, the complainant and
454	the respondent may be ordered by the hearing officer to provide
455	additional sworn oral or written statements or additional
456	documents to assist the hearing officer in making his or her
457	determination. Further, other relevant witnesses may also be
458	ordered by the hearing officer to give sworn testimony or to
459	provide relevant documents to assist the hearing officer in
460	making his or her determination. Any such statements or documents
461	received by the hearing officer shall also become part of the
462	official hearing record. For purposes of this section, the
463	hearing officer is authorized to administer oaths and to issue
464	subpoenas.
465	4. The hearing officer shall advise both the complainant
466	and respondent in writing of their determination. If the hearing
467	officer determines that no violation has occurred, is occurring,
468	or is about to occur, the department shall dismiss the complaint
469	and publish its determination. If the hearing officer determines
470	that a violation of Title III of the Help America Vote Act has
471	occurred, is occurring, or is about to occur, the department
472	shall issue and deliver an order directing the appropriate
473	remedy to persons responsible for effecting such remedy. The
474	issuance of an order does not constitute agency action for which
475	a hearing under ss. 120.569 or 120.57 may be sought. For
476	purposes of enforcing the order, the department may initiate a
477	proceeding in the name of the state seeking issuance of an
478	injunction, a writ of mandamus, or other equitable remedy
479	against any person who violates any provision of such order.
480	5. The department shall make a final determination with
481	respect to the complaint within 90 days after the date that the
482	complaint was filed, unless the complainant consents to a longer
483	period for making such a determination.
484	(b) If the department fails to meet the deadline
485	established in subparagraph (a)5., the complaint shall be
486	forwarded to mediation. Mediation shall occur within 60 days
487	after the department’s failure to make a determination within the
488	timeframe established in subparagraph (a)5. The record created
489	under this section shall be made available for use in the
490	mediation.
491	Section 6. Section 97.0535, Florida Statutes, is created
492	to read:
493	97.0535 Special requirements for certain applicants.--
494	(1) Each applicant who registers by mail and who has never
495	previously voted in the county shall be required to provide a
496	copy of a current and valid identification, as provided in
497	subsection (3), or indicate that he or she is exempt from the
498	requirements prior to voting. The applicant may provide the
499	identification or indication at the time of registering, or at
500	any time prior to voting for the first time in the county. If the
501	voter registration application clearly provides information from
502	which the supervisor can determine that the applicant meets at
503	least one of the exemptions in subsection (4), the supervisor
504	shall make the notation on the registration records and the
505	applicant shall not be required to provide further information
506	that is required of first time voters who register by mail.
507	(2) The supervisor of elections shall, upon accepting the
508	voter registration for an applicant who registered by mail and
509	who has not previously voted in the county, determine if the
510	applicant provided the required identification at the time of
511	registering. If the required identification was not provided, the
512	supervisor shall notify the applicant that he or she must provide
513	the identification prior to voting the first time in the county.
514	(3)(a) The following forms of identification shall be
515	considered current and valid if they contain the name and
516	photograph of the applicant and have not expired:
517	1. Florida driver’s license.
518	2. Florida identification card issued by the Department of
519	Highway Safety and Motor Vehicles.
520	3. United States passport.
521	4. Employee badge or identification.
522	5. Buyer’s club identification.
523	6. Debit or credit card.
524	7. Military identification.
525	8. Student identification.
526	9. Retirement center identification.
527	10. Neighborhood association identification.
528	11. Entertainment identification.
529	12. Public assistance identification.
530	(b) The following forms of identification shall be
531	considered current and valid if they contain the name and current
532	residence address of the applicant:
533	1. Utility bill.
534	2. Bank statement.
535	3. Government check.
536	4. Paycheck.
537	5. Other government document (excluding voter
538	identification card).
539	(4) The following persons are exempt from the
540	identification requirements of this section:
541	(a) Persons 65 years of age or older.
542	(b) Persons with a temporary or permanent physical
543	disability.
544	(c) Members of the uniformed service on active duty who, by
545	reason of such active duty, are absent from the county on
546	election day.
547	(d) Members of the merchant marine who, by reason of
548	service in the merchant marine, are absent from the county on
549	election day.
550	(e) The spouse or dependent of a member referred to in
551	paragraph (c) or paragraph (d) who, by reason of the active duty
552	or service of the member, is absent from the county on election
553	day.
554	(f) Persons currently residing outside the United States
555	who are eligible to vote in Florida.
556	Section 7. Subsection (3) of section 98.045, Florida
557	Statutes, is amended to read:
558	98.045 Administration of voter registration.--
559	(3) Notwithstanding the provisions of ss. 98.095, 98.097,
560	and 98.0977,each supervisor shall maintain for at least 2
561	years, and make available for public inspection and copying, all
562	records concerning implementation of registration list
563	maintenance programs and activities conducted pursuant to ss.
564	98.065, 98.075, and 98.0977. The records must include lists of
565	the name and address of each person to whom an address
566	confirmation final notice was sent and information as to whether
567	each such person responded to the mailing, but may not include
568	any information that is confidential or exempt from public
569	record requirements under this code.
570	Section 8. Section 98.097, Florida Statutes, is repealed.
571	Section 9. Section 98.0977, Florida Statutes, is amended
572	to read:
573	98.0977 Statewide voter registration database; operation
574	developmentand maintenance.--
575	(1) From the funds appropriated, The department shallmay
576	contract with the Florida Association of Court Clerks to
577	analyze, design, develop, operate, and maintain theastatewide,
578	on-line voter registration database and associated website until
579	such time as the statewide voter registration system required to
580	be developed pursuant to the Help America Vote Act of 2002 is
581	operational, to be fully operational statewide by June 1, 2002.
582	The database shall contain voter registration information from
583	each of the 67 supervisors of elections in this state and shall
584	be accessible through an Internet website. The system shall
585	provide functionality for ensuring that the database is updated
586	on a daily basis to determine if a registered voter is
587	ineligible to vote for any of the following reasons, including,
588	but not limited to:
589	(a) The voter is deceased;
590	(b) The voter has been convicted of a felony and has not
591	had his or her civil rights restored; or
592	(c) The voter has been adjudicated mentally incompetent
593	and his or her mental capacity with respect to voting has not
594	been restored.
595
596	The database shall also allow for duplicate voter registrations
597	to be identified.
598	(2) The Department of State shall not contract with any
599	private entity other than the Florida Association of Court
600	Clerks for the operation or maintenanceof the statewide voter
601	registration database.
602	(3)(a) In administering the database, each supervisor of
603	elections shall compare registration information provided by a
604	voter with information held by the Department of Law
605	Enforcement, the Board of Executive Clemency, the Office of
606	Vital Statistics, and other relevant sources.
607	(b) The supervisor of elections shall remove from the
608	voter registration rolls the name of any person who is listed in
609	the database as deceased.
610	(c) Information in the database indicating that a person
611	registered to vote in a given county has subsequently registered
612	to vote in another jurisdiction shall be considered as a written
613	request from that voter to have his or her name removed from the
614	voter registration rolls of that county, and the supervisor of
615	elections of that county shall remove that voter's name from the
616	county's voter registration rolls.
617	(d) When the supervisor of elections finds information
618	through the database that suggests that a voter has been
619	convicted of a felony and has not had his or her civil rights
620	restored or has been adjudicated mentally incompetent and his or
621	her mental capacity with respect to voting has not been
622	restored, the supervisor of elections shall notify the voter by
623	certified United States mail. The notification shall contain a
624	statement as to the reason for the voter's potential
625	ineligibility to be registered to vote and shall request
626	information from the voter on forms provided by the supervisor
627	of elections. As an alternative, the voter may attend a hearing
628	at a time and place specified in the notice. If there is
629	evidence that the notice was not received, notice must be given
630	once by publication in a newspaper of general circulation in the
631	county. The notice must plainly state that the voter is
632	potentially ineligible to be registered to vote and must state a
633	time and place for the person to appear before the supervisor of
634	elections to show cause why his or her name should not be
635	removed from the voter registration rolls. After reviewing the
636	information provided by the voter, if the supervisor of
637	elections determines that the voter is not eligible to vote
638	under the laws of this state, the supervisor of elections shall
639	notify the voter by certified United States mail that he or she
640	has been found ineligible to be registered to vote in this
641	state, shall state the reason for the ineligibility, and shall
642	inform the voter that he or she has been removed from the voter
643	registration rolls. The supervisor of elections shall remove
644	from the voter registration rolls the name of any voter who
645	fails either to respond within 30 days to the notice sent by
646	certified mail or to attend the hearing.
647	(e) Upon hearing all evidence in a hearing, the supervisor
648	of elections must determine whether there is sufficient evidence
649	to strike the person's name from the registration books. If the
650	supervisor determines that there is sufficient evidence, he or
651	she must strike the name.
652	(f) Appeal may be taken to the circuit court in and for
653	the county where the person was registered. Notice of appeal
654	must be filed within the time and in the manner provided by the
655	Florida Rules of Appellate Procedure and acts as supersedeas.
656	Trial in the circuit court is de novo and governed by the rules
657	of that court. Unless the person can show that his or her name
658	was erroneously or illegally stricken from the registration
659	books or that he or she is indigent, the person must bear the
660	costs of the trial in the circuit court. Otherwise, the cost of
661	the appeal must be paid by the board of county commissioners.
662	(4) To the maximum extent feasible, state and local
663	government entities shall facilitate provision of information
664	and access to data to the department in order to compare
665	information in the statewide voter registration database with
666	available information in other computer databases, including,
667	but not limited to, databases that contain reliable criminal
668	records and records of deceased persons. State and local
669	governmental agencies that provide such data shall do so without
670	charge if the direct cost incurred by those agencies is not
671	significant.
672	(5) The Division of Elections shall provide written
673	quarterly progress reports on each phase of development of the
674	voter registration database to the President of the Senate and
675	the Speaker of the House of Representatives beginning July 1,
676	2001, and continuing until the database is fully implemented.
677	(5)(6)The duties of the supervisors of elections under
678	this section shall be considered part of their regular
679	registration list maintenance duties under this chapter, and any
680	supervisor of elections who willfully refuses or willfully
681	neglects to perform his or her duties under this section shall
682	be in violation of s. 104.051(2).
683	Section 10. (1) Beginning July 1, 2003, from the funds
684	appropriated the Department of State shall begin the development
685	of a statewide voter registration system designed to meet the
686	requirements of sections 303 through 305 of the Help America Vote
687	Act of 2002. The Legislature recognizes that the January 1, 2004,
688	implementation date for the system provided in the federal bill
689	cannot be met because there is not sufficient time for
690	implementation of such a system. Accordingly, the department
691	shall certify these facts to the Election Assistance Commission
692	in order to qualify for waiver and extension of the due date
693	until January 1, 2006.
694	(2) The department shall begin system needs assessments and
695	design activities by July 1, 2003. The Department of Highway
696	Safety and Motor Vehicles, the Department of Health, the
697	Department of Law Enforcement, the Board of Executive Clemency,
698	the State Technology Office, and representatives of the Florida
699	State Association of Supervisors of Elections shall cooperate and
700	participate in the development of the system. Other state
701	agencies and local government entities that may have data or
702	systems needed for integration with the system shall also
703	cooperate and participate in the development of the system upon a
704	request from the department.
705	(3) No later than January 31, 2004, the department shall
706	present to the Governor, the President of the Senate, and the
707	Speaker of the House of Representatives a plan for completion of
708	the system, which shall include:
709	(a) Business process design for all participants in the
710	system operation.
711	(b) Design, location, and specifications for hardware,
712	system software components, and communications infrastructure of
713	the system.
714	(c) Design, specifications, and development plans for
715	application software for the system.
716	(d) Budget for completion of the system, including all
717	agencies and county offices.
718	(e) Recommended statutory changes needed to implement the
719	system.
720	(4) This phase of the development shall continue through
721	June 30, 2004, and shall include design and development of the
722	core system, which will be operated by the Department of State;
723	definition of the business processes which will be required of
724	the other agencies and counties; and functional requirements
725	specifications for integration with the data systems of the other
726	agencies and the counties.
727	(5) This section shall take effect upon this act becoming a
728	law.
729	Section 11. Section 98.212, Florida Statutes, is amended
730	to read:
731	98.212 Supervisors to furnish statistical and other
732	information.--
733	(1)(a) Upon written request, supervisors shall, as
734	promptly as possible, furnish to recognized public or private
735	universities and senior colleges within the state, to state or
736	county governmental agencies, and to recognized political party
737	committees statistical information for the purpose of analyzing
738	election returns and results.
739	(b) Supervisors may require reimbursement for any part or
740	all of the actual expenses of supplying any information
741	requested under paragraph (a). For the purposes of this
742	subsection, supervisors may use the services of any research and
743	statistical personnel that may be supplied.
744	(c) Lists of names submitted to supervisors for indication
745	of registration or nonregistration or of party affiliation shall
746	be processed at any time at cost, except that in no case shall
747	the charge exceed 10 cents for each name on which the
748	information is furnished.
749	(2) The supervisors shall provide information as requested
750	by the department for program evaluation and reporting to the
751	Federal Election Commission pursuant to the National Voter
752	Registration Act of 1993.
753	(3) The supervisors shall provide information as requested
754	by the department for the creation and maintenance of the
755	central voter file.
756	Section 12. Section 98.461, Florida Statutes, is amended
757	to read:
758	98.461 Registration form, precinct register; contents.--A
759	registration form, approved by the Department of State,
760	containing the information required in s. 97.052 shall be filed
761	alphabetically in the office of the supervisor as the master
762	list of electors of the county. However, the registration forms
763	may be microfilmed and such microfilms substituted for the
764	original registration forms; or, when voter registration
765	information, including the voter's signature, is maintained
766	digitally or on electronic, magnetic, or optic media, such
767	stored information may be substituted for the original
768	registration form. Such microfilms or stored information shall
769	be retained in the custody of the supervisor of elections. In
770	the event the original registration forms are microfilmed or
771	maintained digitally or on electronic or other media, such
772	originals may be destroyed in accordance with the schedule
773	approved by the Bureau of Archives and Records Management of the
774	Division of Library and Information Services of the Department
775	of State. As an alternative, the information from the
776	registration form, including the signature, may be
777	electronically reproduced and stored as provided in s. 98.451. A
778	computer printout shallmaybe used at the polls as a precinct
779	register in lieu of the registration books. The precinct
780	register shall contain the date of the election, the precinct
781	number, and the following information concerning each registered
782	elector: last name, first name, and middle name or initial;
783	party affiliation; residence address; registration number; date
784	of birth; sex, if provided; race, if provided; whether the voter
785	needs assistance in voting; and such other additional
786	information as to readily identify the elector. The precinct
787	register may also contain a list of the forms of identification,
788	which must include, but is not limited to, a Florida driver's
789	license, a Florida identification card issued under s. 322.051,
790	or another form of picture identification approved by the
791	Department of State. The precinct register shallmayalso
792	contain a space for the elector's signature and,a space for the
793	initials of the witnessing clerk or inspector, and a space for
794	the signature slip or ballot number.
795	Section 13. Section 98.471, Florida Statutes, is
796	renumbered as section 101.043, Florida Statutes, and amended to
797	read:
798	101.04398.471Identification requiredUse of precinct
799	registerat polls.--
800	(1) The precinct register, as prescribed in s. 98.461,
801	shallmaybe used at the polls in lieu of the registration books
802	for the purpose of identifying the elector at the polls prior to
803	allowing him or her to vote. The clerk or inspector shall
804	require each elector, upon entering the polling place, to
805	present a current and validFlorida driver's license, a Florida
806	identification card issued under s. 322.051, or another form of
807	picture identification as provided in s. 97.0535(3)(a). If the
808	picture identification does not contain the signature of the
809	voter, an additional identification that provides the voter's
810	signature shall be requiredapproved by the Department of State.
811	The elector shall sign his or her name in the space provided,
812	and the clerk or inspector shall compare the signature with that
813	on the identification provided by the elector and enter his or
814	her initials in the space provided and allow the elector to vote
815	if the clerk or inspector is satisfied as to the identity of the
816	elector.
817	(2) Except as provided in subsection (3),if the elector
818	fails to furnish the required identification, or if the clerk or
819	inspector is in doubt as to the identity of the elector, such
820	clerk or inspector shall follow the procedure prescribed in s.
821	101.49.
822	(3) If the elector who fails to furnish the required
823	identification is a first-time voter who registered by mail and
824	has not provided the required identification to the supervisor
825	of elections prior to election day, the elector shall be allowed
826	to vote a provisional ballot. The canvassing board shall
827	determine the validity of the ballot pursuant to s. 101.048(2).
828	Section 14. Section 98.491, Florida Statutes, is repealed.
829	Section 15. Section 101.048, Florida Statutes, is amended
830	to read:
831	101.048 Provisional ballots.--
832	(1) At all elections, a voter claiming to be properly
833	registered in the county and eligible to vote at the precinct in
834	the election, but whose eligibility cannot be determined, and
835	other persons specified in the codeshall be entitled to vote a
836	provisional ballot. Once voted, the provisional ballot shall be
837	placed in a secrecy envelope and thereafter sealed in a
838	provisional ballot envelope. The provisional ballot shall be
839	deposited in a ballot box. All provisional ballots shall remain
840	sealed in their envelopes for return to the supervisor of
841	elections. The department shall prescribe the form of the
842	provisional ballot envelope.
843	(2)(a) The county canvassing board shall examine each
844	provisional ballot envelope to determine if the person voting
845	that ballot was entitled to vote at the precinct where the
846	person cast a vote in the election and that the person had not
847	already cast a ballot in the election.
848	(b)1. If it is determined that the person was registered
849	and entitled to vote at the precinct where the person cast a
850	vote in the election, the canvassing board shall compare the
851	signature on the provisional ballot envelope with the signature
852	on the voter's registration and, if it matches, shall count the
853	ballot.
854	2. If it is determined that the person voting the
855	provisional ballot was not registered or entitled to vote at the
856	precinct where the person cast a vote in the election, the
857	provisional ballot shall not be counted and the ballot shall
858	remain in the envelope containing the Provisional Ballot Voter's
859	Certificate and Affirmation and the envelope shall be marked
860	"Rejected as Illegal."
861	(3) The Provisional Ballot Voter's Certificate and
862	Affirmation shall be in substantially the following form:
863
864	STATE OF FLORIDA
865	COUNTY OF _____
866
867	I do solemnly swear (or affirm) that my name is _____; that
868	my date of birth is _____; that I am registered to vote and at
869	the time I registered I resided at _____, in the municipality of
870	_____, in _____ County, Florida; that I am registered in the
871	_____ Party; that I am a qualified voter of the county; and that
872	I have not voted in this election. I understand that if I commit
873	any fraud in connection with voting, vote a fraudulent ballot,
874	or vote more than once in an election, I can be convicted of a
875	felony of the third degree and fined up to $5,000 and/or
876	imprisoned for up to 5 years.
877	... (Signature of Voter) ...
878	... (Current Residence Address) ...
879	... (Current Mailing Address) ...
880	... (City, State, Zip Code) ...
881	... (Driver's License Number or Last Four Digits of Social
882	Security Number) ...
883
884	Sworn to and subscribed before me this _____ day of __________,
885	... (year) ....
886	... (Election Official) ...
887
888	Precinct # _____Ballot Style/Party Issued: _____
889
890	Additional information may be provided to further assist the
891	supervisor of elections in determining eligibility.
892
893	(4) In counties where the voting system does not utilize a
894	paper ballot, the supervisor of elections mayshallprovide the
895	appropriate provisional ballot to the voter by electronic means
896	as provided for by the certified voting system. Each person
897	casting a provisional ballot by electronic means shall, prior to
898	casting his or her ballot, complete the Provisional Ballot
899	Voter’s Certificate and Affirmation as provided in subsection (3)
900	ballots to each polling place.
901	(5) Each person casting a provisional ballot shall be given
902	written instructions regarding the free access system established
903	pursuant to subsection (6). The instructions shall contain
904	information on how to access the system and the information the
905	voter will need to provide to obtain information on his or her
906	particular ballot. The instructions shall also include the
907	following statement: "If this is a primary election, you should
908	contact the supervisor of elections' office immediately to
909	confirm that you are registered and can vote in the general
910	election."
911	(6) Each supervisor of elections shall establish a free
912	access system that allows each person who casts a provisional
913	ballot to determine whether his or her provisional ballot was
914	counted in the final canvass of votes and, if not, the reasons
915	why. Information regarding provisional ballots shall be available
916	no later than 30 days following the election. The system
917	established must restrict information regarding an individual
918	ballot to the person who cast the ballot.
919	Section 16. Section 101.049, Florida Statutes, is created
920	to read:
921	101.049 Provisional ballots; special circumstances.--
922	(1) Any person who votes in an election after the regular
923	poll-closing time pursuant to a court or other order extending
924	the statutory polling hours must vote a provisional ballot. Once
925	voted, the provisional ballot shall be placed in a secrecy
926	envelope and thereafter sealed in a provisional ballot envelope.
927	The election official witnessing the voter's subscription and
928	affirmation on the Provisional Ballot Voter's Certificate shall
929	indicate whether or not the voter met all requirements to vote a
930	regular ballot at the polls. All such provisional ballots shall
931	remain sealed in their envelopes and transmitted to the
932	supervisor of elections.
933	(2) Separate and apart from all other ballots, the county
934	canvassing board shall count all late-voted provisional ballots
935	that the canvassing board determines to be valid.
936	(3) The supervisor shall ensure that late-voted provisional
937	ballots are not commingled with other ballots during the
938	canvassing process or at any other time they are statutorily
939	required to be in the supervisor's possession.
940	(4) This section shall not apply to voters in line at the
941	poll-closing time provided in s. 100.011 who cast their ballot
942	subsequent to that time.
943	(5) As an alternative, provisional ballots cast pursuant to
944	this section may be cast in accordance with the provisions of s.
945	101.048(4).
946	Section 17. Section 101.111, Florida Statutes, is amended
947	to read:
948	101.111 Person desiring to vote may be challenged;
949	challenger to execute oath; oath of person challenged elector;
950	determination of challenge.--
951	(1) When the right to vote of any person who desires to
952	vote is challengedquestioned by any elector or pollwatcher,
953	the challenge shall be reduced to writing with an oath as
954	provided in this section, giving reasons for the challenge,
955	which shall be delivered to the clerk or inspector. Any elector
956	or authorized poll watcher challenging the right of a person to
957	votean elector at an electionshall execute the oath set forth
958	below:
959
960	OATH OF PERSON ENTERING CHALLENGE
961
962	State of Florida
963	County of _____
964
965	I do solemnly swear that my name is _____; that I am a member of
966	the _____ party; that I am _____ years old; that I was born in
967	the state of_____ or the country of _____; that my residence
968	address is on _____ street, in the municipality of _____; and
969	that I have reason to believe that _____ is attempting to vote
970	illegally and the reasons for my belief are set forth herein to
971	wit:
972	... (Signature of person challenging voter) ...
973
974	Sworn and subscribed to before me this _____ day of _____, ...
975	(year) ....
976	... (Clerk of election) ...
977
978	(2) Before a person who is challenged electoris permitted
979	to vote by any officer or person in charge of admission to the
980	polling place, the challenged person'selector'sright to vote
981	shall be determined in accordance with the provisions of
982	subsection (3). The clerk or inspector shall immediately deliver
983	to the challenged personelectora copy of the oath of the
984	person entering the challenge and shall request the challenged
985	personelector to execute the following oathaffidavit:
986
987	OATH OF PERSON CHALLENGED VOTER
988
989	State of Florida
990	County of _____
991
992	I do solemnly swear that my name is _____; that I am a member of
993	the _____ party; that my date of birth isI am _____ years old;
994	that I was born in the state of _____ or the country of_____;
995	that my residence address is on _____ street, in the
996	municipality of _____, in this the _____ precinct of _____
997	county; that I personally made application for registration and
998	signed my name and that I am a qualified voter in this election,
999	and I am not registered to vote in any other precinct other than
1000	the one in which I am presently seeking to vote.
1001	... (Signature of personvoter) ...
1002
1003	Sworn and subscribed to before me this _____ day of _____, ...
1004	(year) ....
1005	... (Clerk of election or Inspector) ...
1006
1007	Any inspector or clerk of election may administer the oath.
1008	(3)(a) The clerk and inspectors shall compare the
1009	information in the challenged person's oath with that entered on
1010	the precinct register and shall take any other evidence that may
1011	be offered. The clerk and inspectors shall then decide by a
1012	majority vote whether the challenged person may vote a regular
1013	ballot.
1014	(b) If the challenged person refuses to complete the oath
1015	or if a majority of the clerk and inspectors doubt the
1016	eligibility of the person to vote, the challenged person shall be
1017	allowed to vote a provisional ballot. The oath of the person
1018	entering the challenge and the oath of the person challenged
1019	shall be attached to the provisional ballot for transmittal to
1020	the canvassing board.If the challenged person refuses to make
1021	and sign the affidavit, the clerk or inspector shall refuse to
1022	allow him or her to vote. If such person makes the affidavit,
1023	the inspectors and clerk of election shall compare the
1024	information in the affidavit with that entered on the
1025	registration books opposite the person's name, and, upon such
1026	comparison of the information and the person's signature and the
1027	taking of other evidence which may then be offered, the clerk
1028	and inspectors shall decide by a majority vote whether the
1029	challenged person may vote. If the challenged person is unable
1030	to write or sign his or her name, the clerk or inspector shall
1031	examine the precinct register to ascertain whether the person
1032	registered under the name of such person is represented to have
1033	signed his or her name. If the person is so represented, then he
1034	or she shall be denied permission to vote without further
1035	examination; but, if not, then the clerk or one of the
1036	inspectors shall place such person under oath and orally examine
1037	him or her upon the subject matter contained in the affidavit,
1038	and, if there is any doubt as to the identity of such person,
1039	the clerk or inspector shall compare the person's appearance
1040	with the description entered upon the precinct register opposite
1041	the person's name. The clerk or inspector shall then proceed as
1042	in other cases to determine whether the challenged person may
1043	vote.
1044	Section 18. Paragraph (a) of subsection (1) of section
1045	101.62, Florida Statutes, is amended to read:
1046	101.62 Request for absentee ballots.--
1047	(1)(a) The supervisor may accept a request for an absentee
1048	ballot from an elector in person or in writing. Except as
1049	provided in s. 101.694,one request shall be deemed sufficient
1050	to receive an absentee ballot for all elections which are held
1051	within a calendar year, unless the elector or the elector's
1052	designee indicates at the time the request is made the elections
1053	for which the elector desires to receive an absentee ballot.
1054	Such request may be considered canceled when any first-class
1055	mail sent by the supervisor to the elector is returned as
1056	undeliverable.
1057	Section 19. Subsection (1) of section 101.64, Florida
1058	Statutes, is amended to read:
1059	101.64 Delivery of absentee ballots; envelopes; form.--
1060	(1) The supervisor shall enclose with each absentee ballot
1061	two envelopes: a secrecy envelope, into which the absent elector
1062	shall enclose his or her marked ballot; and a mailing envelope,
1063	into which the absent elector shall then place the secrecy
1064	envelope, which shall be addressed to the supervisor and also
1065	bear on the back side a certificate in substantially the
1066	following form:
1067
1068	Note: Please Read Instructions Carefully Before
1069	Marking Ballot and Completing Voter's Certificate.
1070
1071	VOTER'S CERTIFICATE
1072	I, _____, do solemnly swear or affirm that I am a qualified
1073	and registered voter of _____ County, Florida, and that I have
1074	not and will not vote more than one ballot in this election. I
1075	understand that if I commit or attempt to commit any fraud in
1076	connection with voting, vote a fraudulent ballot, or vote more
1077	than once in an election, I can be convicted of a felony of the
1078	third degree and fined up to $5,000 and/or imprisoned for up to
1079	5 years. I also understand that failure to sign this certificate
1080	and have my signature properly witnessed will invalidate my
1081	ballot.
1082
1083	... (Date) ...... (Voter's Signature) ...
1084
1085	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1086	of Age or Older as provided in item 8 ofthe Instruction Sheet.
1087
1088	I swear or affirm that the voter signed this Voter's Certificate
1089	in my presence.
1090
1091	... (Signature of Witness) ...
1092
1093	... (Address) ...
1094
1095	... (City/State) ...
1096
1097	Section 20. Section 101.65, Florida Statutes, is amended
1098	to read:
1099	101.65 Instructions to absent electors.--The supervisor
1100	shall enclose with each absentee ballot separate printed
1101	instructions in substantially the following form:
1102
1103	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1104	1. VERY IMPORTANT. In order to ensure that your absentee
1105	ballot will be counted, it should be completed and returned as
1106	soon as possible so that it can reach the supervisor of
1107	elections of the county in which your precinct is located no
1108	later than 7 p.m. on the day of the election.
1109	2. Mark your ballot in secret as instructed on the ballot.
1110	You must mark your own ballot unless you are unable to do so
1111	because of blindness, disability, or inability to read or write.
1112	3. Mark only the number of candidates or issue choices for
1113	a race as indicated on the ballot. If you are allowed to "Vote
1114	for One" candidate and you vote for more than one candidate,
1115	your vote in that race will not be counted.
1116	4.3.Place your marked ballot in the enclosed secrecy
1117	envelope.
1118	5.4.Insert the secrecy envelope into the enclosed mailing
1119	envelope which is addressed to the supervisor.
1120	6.5.Seal the mailing envelope and completely fill out the
1121	Voter's Certificate on the back of the mailing envelope.
1122	7.6.VERY IMPORTANT. In order for your absentee ballot to
1123	be counted, you must sign your name on the line above (Voter's
1124	Signature).
1125	8.7.VERY IMPORTANT. If you are an overseas voter, you
1126	must include the date you signed the Voter's Certificate on the
1127	line above (Date) or your ballot may not be counted.
1128	9.8.VERY IMPORTANT. In order for your absentee ballot to
1129	be counted, it must include the signature and address of a
1130	witness 18 years of age or older affixed to the Voter's
1131	Certificate. No candidate may serve as an attesting witness.
1132	10.9.Mail, deliver, or have delivered the completed
1133	mailing envelope. Be sure there is sufficient postage if mailed.
1134	11.10.FELONY NOTICE. It is a felony under Florida law to
1135	accept any gift, payment, or gratuity in exchange for your vote
1136	for a candidate. It is also a felony under Florida law to vote
1137	in an election using a false identity or false address, or under
1138	any other circumstances making your ballot false or fraudulent.
1139	Section 21. Section 101.657, Florida Statutes, is amended
1140	to read:
1141	101.657 Voting absentee ballots in person.--
1142	(1) Any qualified and registered elector may pick up and
1143	vote an absentee ballot in person at the office of, and under
1144	the supervision of, the supervisor of elections. Before
1145	receiving the ballot, the elector must present a current and
1146	validFlorida driver's license, a Florida identification card
1147	issued under s. 322.051, or another form ofpicture
1148	identification as provided in s. 97.0535(3)(a)approved by the
1149	Department of State. If the elector fails to furnish the
1150	required identification, or if the supervisor is in doubt as to
1151	the identity of the elector, the supervisor must follow the
1152	procedure prescribed in s. 101.49. If the elector who fails to
1153	furnish the required identification is a first-time voter who
1154	registered by mail and has not provided the required
1155	identification to the supervisor of elections prior to voting,
1156	the elector shall be allowed to vote a provisional ballot. The
1157	canvassing board shall compare the signature on the provisional
1158	ballot envelope with the signature on the voter's registration
1159	and, if the signatures match, shall count the ballot.
1160	(2) As an alternative to the provisions of ss. 101.64 and
1161	101.65, the supervisor of elections may allow an elector to cast
1162	an absentee ballot in the main or branch office of the
1163	supervisor by depositing the voted ballot in a voting device
1164	used by the supervisor to collect or tabulate ballots. The
1165	results or tabulation may not be made before the close of the
1166	polls on election day.
1167	(a) The elector must provide picture identification as
1168	required in subsection (1)and must complete an In-Office Voter
1169	Certificate in substantially the following form:
1170
1171	IN-OFFICE VOTER CERTIFICATE
1172
1173	I, _____, am a qualified elector in this election and registered
1174	voter of _____ County, Florida. I do solemnly swear or affirm
1175	that I am the person so listed on the voter registration rolls
1176	of _____ County and that I reside at the listed address. I
1177	understand that if I commit or attempt to commit fraud in
1178	connection with voting, vote a fraudulent ballot, or vote more
1179	than once in an election I could be convicted of a felony of the
1180	third degree and both fined up to $5,000 and imprisoned for up
1181	to 5 years. I understand that my failure to sign this
1182	certificate and have my signature witnessed invalidates my
1183	ballot.
1184
1185
1186	... (Voter's Signature) ...
1187
1188	... (Address) ...
1189
1190	... (City/State) ...
1191
1192	... (Name of Witness) ...
1193
1194	... (Signature of Witness) ...
1195
1196	... (Type of identification provided) ...
1197
1198	(b) Any elector may challenge an elector seeking to cast
1199	an absentee ballot under the provisions of s. 101.111. Any
1200	challenged ballot must be placed in a regular absentee ballot
1201	envelope. The canvassing board shall review the ballot and
1202	decide the validity of the ballot by majority vote.
1203	(c) The canvass of returns for ballots cast under this
1204	subsection shall be substantially the same as votes cast by
1205	electors in precincts, as provided in s. 101.5614.
1206	Section 22. Section 101.6921, Florida Statutes, is created
1207	to read:
1208	101.6921 Delivery of special absentee ballot to certain
1209	first-time voters.--
1210	(1) The provisions of this section apply to voters who
1211	registered to vote by mail, who have not previously voted in the
1212	county, and who have not provided the identification or
1213	certification required by s. 97.0535 by the time the absentee
1214	ballot is mailed.
1215	(2) The supervisor shall enclose with each absentee ballot
1216	three envelopes: a secrecy envelope, into which the absent
1217	elector will enclose his or her marked ballot; an envelope
1218	containing the Voter's Certificate, into which the absent elector
1219	shall place the secrecy envelope; and a mailing envelope, which
1220	shall be addressed to the supervisor and into which the absent
1221	elector will place the envelope containing the Voter's
1222	Certificate and a copy of the required identification.
1223	(3) The Voter’s Certificate shall be in substantially the
1224	following form:
1225
1226	Note: Please Read Instructions Carefully Before Marking Ballot
1227	and Completing Voter's Certificate
1228
1229	VOTER’S CERTIFICATE
1230
1231	I , _____, do solemnly swear or affirm that I am a qualified
1232	and registered voter of _____ County, Florida, and that I have
1233	not and will note vote more than one ballot in this election. I
1234	understand that if I commit or attempt to commit any fraud in
1235	connection with voting, vote a fraudulent ballot, or vote more
1236	than once in an election, I can be convicted of a felony of the
1237	third degree and fined up to $5,000 and/or imprisoned for up to 5
1238	years. I also understand that failure to sign this certificate
1239	and have my signature properly witnessed will invalidate my
1240	ballot. I understand that unless I meet one of the exemptions
1241	below, I must provide a copy of a current and valid
1242	identification as provided in the instruction sheet to the
1243	supervisor of elections in order for my ballot to count.
1244	I further certify that I am exempt from the requirements to
1245	furnish a copy of a current and valid identification with my
1246	ballot because of one or more of the following (check all that
1247	apply):
1248	FORMCHECKBOX I am 65 years of age or older.
1249	FORMCHECKBOX I have a permanent or temporary physical disability.
1250	FORMCHECKBOX I am a member of a uniformed service on active duty who,
1251	by reason of such active duty, will be absent from the county on
1252	election day.
1253	FORMCHECKBOX I am a member of the merchant marine who, by reason of
1254	service in the merchant marine, will be absent from the county on
1255	election day.
1256	FORMCHECKBOX I am the spouse or dependent of a member of the uniformed
1257	service or merchant marine who, by reason of the active duty or
1258	service of the member, will be absent from the county on election
1259	day.
1260	FORMCHECKBOX I am currently residing outside the United States.
1261
1262	... (Date) ...... Voter's Signature ...
1263
1264	Note: Your signature must be witnessed by one witness 18 years of
1265	age or older as provided in the instruction sheet.
1266
1267	I swear or affirm that the voter signed this Voter's Certificate
1268	in my presence.
1269
1270	... (Signature of witness) ...
1271
1272	... (Address) ...
1273
1274	... (City/State) ...
1275
1276	(4) The certificate shall be arranged on the back of the
1277	envelope so that the lines for the signatures of the absent
1278	elector and the attesting witness are across the seal of the
1279	envelope.
1280	Section 23. Section 101.6923, Florida Statutes, is created
1281	to read:
1282	101.6923 Special absentee ballot instructions for certain
1283	first-time voters.--
1284	(1) The provisions of this section apply to voters who
1285	registered to vote by mail, who have not previously voted in the
1286	county, and who have not provided the identification or
1287	information required by s. 97.0535 by the time the absentee
1288	ballot is mailed.
1289	(2) A voter covered by this section shall be provided with
1290	the following printed instructions with his or her absentee
1291	ballot:
1292
1293	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1294	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1295	YOUR BALLOT NOT TO COUNT.
1296
1297	1. In order to ensure that your absentee ballot will be
1298	counted, it should be completed and returned as soon as possible
1299	so that it can reach the supervisor of elections of the county in
1300	which your precinct is located no later than 7 p.m. on the date
1301	of the election.
1302	2. Mark your ballot in secret as instructed on the ballot.
1303	You must mark your own ballot unless you are unable to do so
1304	because of blindness, disability, or inability to read or write.
1305	3. Mark only the number of candidates or issue choices for
1306	a race as indicated on the ballot. If you are allowed to "Vote
1307	for One" candidate and you vote for more than one, your vote in
1308	that race will not be counted.
1309	4. Place your marked ballot in the enclosed secrecy
1310	envelope and seal the envelope.
1311	5. Insert the secrecy envelope into the enclosed envelope
1312	bearing the Voter's Certificate. Seal the envelope and completely
1313	fill out the Voter's Certificate on the back of the envelope.
1314	a. You must sign your name on the line above (Voter's
1315	Signature).
1316	b. You must have your signature witnessed. Have the witness
1317	sign above (Signature of Witness) and include his or her address.
1318	No candidate may serve as an attesting witness.
1319	c. If you are an overseas voter, you must include the date
1320	you signed the Voter's Certificate on the line above (Date) or
1321	your ballot may not be counted.
1322	6. Unless you meet one of the exemptions in Item 7., you
1323	must make a copy of one of the following forms of identification:
1324	a. Identification which must include your name and
1325	photograph: current and valid Florida driver's license; Florida
1326	identification card issued by the Department of Highway Safety
1327	and Motor Vehicles; United States passport; employee badge or
1328	identification; buyer's club identification card; debit or credit
1329	card; military identification; student identification; retirement
1330	center identification; neighborhood association identification;
1331	entertainment identification; or public assistance
1332	identification; or
1333	b. Identification which shows your name and current
1334	residence address: current utility bill, bank statement,
1335	government check, paycheck, or government document (excluding
1336	voter identification card).
1337	7. The identification requirements of Item 6. do not apply
1338	if you meet one of the following requirements:
1339	a. You are 65 years of age or older.
1340	b. You have a temporary or permanent physical disability.
1341	c. You are a member of a uniformed service on active duty
1342	who, by reason of such active duty, will be absent from the
1343	county on election day.
1344	d. You are a member of the merchant marine who, by reason
1345	of service in the merchant marine, will be absent from the county
1346	on election day.
1347	e. You are the spouse or dependent of a member referred to
1348	in paragraph c. or paragraph d. who, by reason of the active duty
1349	or service of the member, will be absent from the county on
1350	election day.
1351	f. You are currently residing outside the United States.
1352	8. Place the envelope bearing the Voter's Certificate into
1353	the mailing envelope addressed to the supervisor. Insert a copy
1354	of your identification in the mailing envelope. DO NOT PUT YOUR
1355	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1356	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1357	BALLOT WILL NOT COUNT.
1358	9. Mail, deliver, or have delivered the completed mailing
1359	envelope. Be sure there is sufficient postage if mailed.
1360	10. FELONY NOTICE. It is a felony under Florida law to
1361	accept any gift, payment, or gratuity in exchange for your vote
1362	for a candidate. It is also a felony under Florida law to vote in
1363	an election using a false identity or false address, or under any
1364	other circumstances making your ballot false or fraudulent.
1365	Section 24. Section 101.6925, Florida Statutes, is created
1366	to read:
1367	101.6925 Canvassing special absentee ballots.--
1368	(1) The supervisor of the county where the absent elector
1369	resides shall receive the voted special absentee ballot, at which
1370	time the mailing envelope shall be opened to determine if the
1371	voter has enclosed the identification required or has indicated
1372	on the Voter's Certificate that he or she is exempt from the
1373	identification requirements.
1374	(2) If the identification is enclosed or the voter has
1375	indicated that he or she is exempt from the identification
1376	requirements, the supervisor shall make the note on the
1377	registration records of the voter and proceed to canvass the
1378	absentee ballot as provided in s. 101.68.
1379	(3) If the identification is not enclosed in the mailing
1380	envelope and the voter has not indicated that he or she is exempt
1381	from the identification requirements, the supervisor shall check
1382	the voter registration records to determine if the voter's
1383	identification was previously received or the voter had
1384	previously notified the supervisor that he or she was exempt. The
1385	envelope with the Voter's Certificate shall not be opened unless
1386	the identification has been received or the voter has indicated
1387	that he or she is exempt. The ballot shall be treated as a
1388	provisional ballot until 7 p.m. on election day and shall not be
1389	canvassed unless the supervisor has received the required
1390	identification or written indication of exemption by 7 p.m. on
1391	election day.
1392	Section 25. Subsection (1) of section 101.694, Florida
1393	Statutes, is amended to read:
1394	101.694 Mailing of ballots upon receipt of federal
1395	postcard application.--
1396	(1) Upon receipt of a federal postcard application for an
1397	absentee ballot executed by a person whose registration is in
1398	order or whose application is sufficient to register or update
1399	the registration of that person, the supervisor shall mail to
1400	the applicant a ballot, if the ballots are available for
1401	mailing. The federal postcard application request for an
1402	absentee ballot shall be effective for all elections through the
1403	next two regularly scheduled general elections.
1404	Section 26. Subsections (2) and (6) of section 102.141,
1405	Florida Statutes, are amended to read:
1406	102.141 County canvassing board; duties.--
1407	(2) The county canvassing board shall meet in a building
1408	accessible to the public in the county where the election
1409	occurred at a time and place to be designated by the supervisor
1410	of elections to publicly canvass the absentee electors' ballots
1411	as provided for in s. 101.68 and provisional ballots as provided
1412	by ss.s. 101.048, 101.049, and 101.6925. Provisional ballots
1413	cast pursuant to s. 101.049 shall be canvassed in a manner that
1414	votes for candidates and issues on those ballots can be
1415	segregated from other votes. Public notice of the time and place
1416	at which the county canvassing board shall meet to canvass the
1417	absentee electors' ballots and provisional ballots shall be
1418	given at least 48 hours prior thereto by publication once in one
1419	or more newspapers of general circulation in the county or, if
1420	there is no newspaper of general circulation in the county, by
1421	posting such notice in at least four conspicuous places in the
1422	county. As soon as the absentee electors' ballots and the
1423	provisional ballots are canvassed, the board shall proceed to
1424	publicly canvass the vote given each candidate, nominee,
1425	constitutional amendment, or other measure submitted to the
1426	electorate of the county, as shown by the returns then on file
1427	in the office of the supervisor of elections and the office of
1428	the county court judge.
1429	(6) If the unofficial returns reflect that a candidate for
1430	any office was defeated or eliminated by one-half of a percent
1431	or less of the votes cast for such office, that a candidate for
1432	retention to a judicial office was retained or not retained by
1433	one-half of a percent or less of the votes cast on the question
1434	of retention, or that a measure appearing on the ballot was
1435	approved or rejected by one-half of a percent or less of the
1436	votes cast on such measure, the board responsible for certifying
1437	the results of the vote on such race or measure shall order a
1438	recount of the votes cast with respect to such office or
1439	measure. A recount need not be ordered with respect to the
1440	returns for any office, however, if the candidate or candidates
1441	defeated or eliminated from contention for such office by one-
1442	half of a percent or less of the votes cast for such office
1443	request in writing that a recount not be made.
1444	(a) In counties with voting systems that use paper
1445	ballots, each canvassing board responsible for conducting a
1446	recount shall put each ballot through automatic tabulating
1447	equipment and determine whether the returns correctly reflect
1448	the votes cast. If any paper ballot is physically damaged so
1449	that it cannot be properly counted by the automatic tabulating
1450	equipment during the recount, a true duplicate shall be made of
1451	the damaged ballot pursuant to the procedures in s. 101.5614(5).
1452	Immediately before the start of the recount and after completion
1453	of the count, a test of the tabulating equipment shall be
1454	conducted as provided in s. 101.5612. If the test indicates no
1455	error, the recount tabulation of the ballots cast shall be
1456	presumed correct and such votes shall be canvassed accordingly.
1457	If an error is detected, the cause therefor shall be ascertained
1458	and corrected and the recount repeated, as necessary. The
1459	canvassing board shall immediately report the error, along with
1460	the cause of the error and the corrective measures being taken,
1461	to the Department of State. No later than 11 days after the
1462	election, the canvassing board shall file a separate incident
1463	report with the Department of State, detailing the resolution of
1464	the matter and identifying any measures that will avoid a future
1465	recurrence of the error.
1466	(b) In counties with voting systems that do not use paper
1467	ballots, each canvassing board responsible for conducting a
1468	recount shall examine the counters on the precinct tabulators to
1469	ensure that the total of the returns on the precinct tabulators
1470	equals the overall election return. If there is a discrepancy
1471	between the overall election return and the counters of the
1472	precinct tabulators, the counters of the precinct tabulators
1473	shall be presumed correct and such votes shall be canvassed
1474	accordingly.
1475	(c) The canvassing board shall submit a second set of
1476	unofficial returns to the Department of State for each federal,
1477	statewide, state, or multicounty office or ballot measure no
1478	later than noon on the third day after any election in which a
1479	recount was conducted pursuant to this subsection. If the
1480	canvassing board is unable to complete the recount prescribed in
1481	this subsection by the deadline, the second set of unofficial
1482	returns submitted by the canvassing board shall be identical to
1483	the initial unofficial returns and the submission shall also
1484	include a detailed explanation of why it was unable to timely
1485	complete the recount. However, the canvassing board shall
1486	complete the recount prescribed in this subsection, along with
1487	any manual recount prescribed in s. 102.166, and certify
1488	election returns in accordance with the requirements of this
1489	chapter.
1490	(d) The Department of State shall adopt detailed rules
1491	prescribing additional recount procedures for each certified
1492	voting system, which shall be uniform to the extent practicable.
1493	Section 27. Paragraph (y) of subsection (1) of section
1494	125.01, Florida Statutes, is amended to read:
1495	125.01 Powers and duties.--
1496	(1) The legislative and governing body of a county shall
1497	have the power to carry on county government. To the extent not
1498	inconsistent with general or special law, this power includes,
1499	but is not restricted to, the power to:
1500	(y) Place questions or propositions on the ballot at any
1501	primary election, general election, or otherwise called special
1502	election, when agreed to by a majority vote of the total
1503	membership of the legislative and governing body, so as to
1504	obtain an expression of elector sentiment with respect to
1505	matters of substantial concern within the county. No special
1506	election may be called for the purpose of conducting a straw
1507	ballot. Any election costs, as defined in s. 97.021(9),
1508	associated with any ballot question or election called
1509	specifically at the request of a district or for the creation of
1510	a district shall be paid by the district either in whole or in
1511	part as the case may warrant.
1512	Section 28. Section 20 of chapter 2002-281, Laws of
1513	Florida, is repealed.
1514	Section 29. Paragraph (a) of subsection (5) of section
1515	163.511, Florida Statutes, is amended to read:
1516	163.511 Special neighborhood improvement districts;
1517	creation; referendum; board of directors; duration; extension.--
1518	(5)(a) The city clerk or the supervisor of elections,
1519	whichever is appropriate, shall enclose with each ballot sent
1520	pursuant to this section two envelopes: a secrecy envelope, into
1521	which the elector or freeholder shall enclose the marked ballot;
1522	and a mailing envelope, into which the elector or freeholder
1523	shall then place the secrecy envelope, which shall be addressed
1524	to the city clerk or the supervisor of elections. The back side
1525	of the mailing envelope shall bear a certificate in
1526	substantially the following form:
1527
1528	Note: Please Read Instructions Carefully Before
1529	Marking Ballot and Completing Voter's Certificate.
1530
1531	VOTER'S CERTIFICATE
1532
1533	I, _____, am a duly qualified and registered ... (voter or
1534	freeholder, whichever is appropriate) ... of the proposed ...
1535	(name) ... ... (Special Residential or Business, whichever is
1536	appropriate) ... Neighborhood Improvement District; and I am
1537	entitled to vote this ballot. I do solemnly swear or affirm that
1538	I have not and will not vote more than one ballot in this
1539	election. I understand that failure to sign this certificate and
1540	have my signature witnessed will invalidate my ballot.
1541	... (Voter's Signature) ...
1542	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1543	of Age or Older as provided in Item 7. ofthe Instruction Sheet.
1544	I swear or affirm that the elector signed this Voter's
1545	Certificate in my presence.
1546
1547	... (Signature of Witness) ...
1548	... (Address) ...... (City/State) ...
1549
1550	Section 30. (1) Notwithstanding s. 100.061, Florida
1551	Statutes, for the year 2004, a primary election for nomination
1552	of candidates of political parties shall be held on the Tuesday
1553	nine weeks prior to the general election. The candidate
1554	receiving the highest number of the votes cast in each contest
1555	in the primary election shall be declared nominated for such
1556	office. If two or more persons receive an equal and highest
1557	number of votes for the same office, such persons shall draw
1558	lots to determine who shall receive the nomination.
1559	(2) Notwithstanding s. 100.091, Florida Statutes, or any
1560	other provision of the Florida Election Code to the contrary,
1561	there shall be no second primary election between the effective
1562	date of this act and January 1, 2006.
1563	(3)(a) No later than 5 p.m. of the 9th day following the
1564	primary election in 2004, each candidate for Governor shall
1565	designate a Lieutenant Governor as a running mate. Such
1566	designation must be made in writing to the Department of State.
1567	(b) No later than the time specified in paragraph (a),
1568	each designated candidate for Lieutenant Governor shall file
1569	with the Department of State the qualifying papers specified in
1570	s. 99.063, Florida Statutes.
1571	(4)(a) For the 2004 elections, following the last day of
1572	qualifying for office, reports required under s. 106.07, Florida
1573	Statutes, shall be filed on the 32nd, 18th, and 4th days
1574	immediately preceding the primary election and on the 46th,
1575	32nd, 18th, and 4th days immediately preceding the general
1576	election, notwithstanding any provision of s. 106.07, Florida
1577	Statutes, to the contrary.
1578	(b) For the 2004 elections, following the last day of
1579	qualifying for office, any statewide candidate who has requested
1580	to receive contributions from the Election Campaign Financing
1581	Trust Fund or any statewide candidate in a race with a candidate
1582	who has requested to receive contributions from the trust fund
1583	shall file reports on the 4th, 11th, 18th, 25th, and 32nd days
1584	immediately preceding the primary election and on the 4th, 11th,
1585	18th, 25th, 32nd, 39th, 46th, and 53rd days prior to the general
1586	election.
1587	(5) For the 2004 elections, there shall be two elections
1588	for purposes of the contribution limits in s. 106.08, Florida
1589	Statutes.
1590	Section 31. If any law amended by this act was also
1591	amended by a law enacted at the 2003 Regular Session of the
1592	Legislature or at the 2003 Special Session A of the Legislature,
1593	such laws shall be construed as if they had been enacted at the
1594	same session of the Legislature, and full effect shall be given
1595	to each if possible.
1596	Section 32. Except as otherwise provided herein, this act
1597	shall take effect January 1, 2004.