1 | The State Administration Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the petition process; providing a |
7 | popular name; amending s. 99.097, F.S.; providing for |
8 | certain petitions and petition revocations to be verified |
9 | by a certain method; requiring certain provisions to be |
10 | satisfied before a signature on a petition may be counted; |
11 | prohibiting compensation to any paid petition circulator |
12 | in certain circumstances; providing the procedure to |
13 | contest and resolve the alleged improper verification of |
14 | certain signatures; amending s. 100.371, F.S.; revising |
15 | requirements for placement of constitutional amendments |
16 | proposed by initiative on the ballot for the general |
17 | election; revising and providing rulemaking authority; |
18 | providing limitations on the contents of a petition form; |
19 | establishing compliance criteria for petition forms; |
20 | providing an elector's right to mail or deliver the form |
21 | to an address provided for that purpose; providing notices |
22 | that must be contained in each petition form; providing |
23 | for revocation of an elector's signature; revising the |
24 | duties of supervisors of elections; revising requirements |
25 | relating to the Financial Impact Estimating Conference and |
26 | financial impact statements; creating s. 100.372, F.S.; |
27 | providing for the regulation of initiative petition |
28 | circulators; providing definitions; providing |
29 | qualification requirements; providing requirements for the |
30 | practice of paid petition circulation; amending ss. |
31 | 101.161, and 101.62, F.S.; correcting cross references; |
32 | amending s. 104.012, F.S.; providing criminal penalties |
33 | for specified offenses involving voter registration |
34 | applications; amending s. 104.185, F.S.; revising and |
35 | providing violations involving petitions and providing |
36 | penalties therefor; amending s. 104.42, F.S.; revising |
37 | provisions relating to unlawful registrations, petitions, |
38 | and voting and the investigation of such matters; |
39 | requiring documentation and reporting thereof to the |
40 | Florida Elections Commission within a specified time |
41 | period; providing for the validity of certain petition |
42 | signatures gathered before the effective date of the act; |
43 | requiring previously approved petition forms to be |
44 | resubmitted for approval in accordance with the |
45 | requirements of the act; providing severability; providing |
46 | an effective date. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
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50 | Section 1. This act may be cited as the "Petition Fraud |
51 | and Voter Protection Act." |
52 | Section 2. Subsections (1), (3), and (4) of section |
53 | 99.097, Florida Statutes, are amended, and subsection (6) is |
54 | added to said section, to read: |
55 | 99.097 Verification of signatures on petitions.-- |
56 | (1) As determined by each supervisor, based upon local |
57 | conditions, the verification of signatures checking of names on |
58 | petitions may be based on the most inexpensive and |
59 | administratively feasible of either of the following methods of |
60 | verification: |
61 | (a) A name-by-name, signature-by-signature check of the |
62 | number of valid authorized signatures on the petitions; or |
63 | (b) A check of a random sample, as provided by the |
64 | Department of State, of names and signatures on the petitions. |
65 | The sample must be such that a determination can be made as to |
66 | whether or not the required number of valid signatures has have |
67 | been obtained with a reliability of at least 99.5 percent. Rules |
68 | and guidelines for this method of petition verification shall be |
69 | promulgated by the Department of State, which may include a |
70 | requirement that petitions bear an additional number of names |
71 | and signatures, not to exceed 15 percent of the names and |
72 | signatures otherwise required. If the petitions do not meet such |
73 | criteria, then the use of the verification method described in |
74 | this paragraph shall not be available to supervisors. |
75 |
|
76 | Notwithstanding any other provision of law, petitions to secure |
77 | ballot placement for an issue, and petition revocations pursuant |
78 | to s. 100.371(7), must be verified by the method provided in |
79 | paragraph (a). |
80 | (3)(a) A signature name on a petition, in a which name |
81 | that is not in substantially the same form as a name on the |
82 | voter registration books, shall be counted as a valid signature |
83 | if, after comparing the signature on the petition with the |
84 | signature of the alleged signer as shown on the registration |
85 | books, the supervisor determines that the person signing the |
86 | petition and the person who registered to vote are one and the |
87 | same. In any situation in which this code requires the form of |
88 | the petition to be prescribed by the division, no signature |
89 | shall be counted toward the number of signatures required unless |
90 | it is on a petition form prescribed by the division. A signature |
91 | on a petition may not be counted toward the number of valid |
92 | signatures required for ballot placement unless all relevant |
93 | provisions of this code have been satisfied. |
94 | (b) If a voter signs a petition and lists an address other |
95 | than the legal residence where the voter is registered, the |
96 | supervisor shall treat the signature as if the voter had listed |
97 | the address where the voter is registered. |
98 | (4)(a) The supervisor shall be paid in advance the sum of |
99 | 10 cents for each signature checked or the actual cost of |
100 | checking such signature, whichever is less, by the candidate or, |
101 | in the case of a petition to have an issue placed on the ballot, |
102 | by the person or organization submitting the petition. However, |
103 | if a candidate, person, or organization seeking to have an issue |
104 | placed upon the ballot cannot pay such charges without imposing |
105 | an undue burden on personal resources or upon the resources |
106 | otherwise available to such candidate, person, or organization, |
107 | such candidate, person, or organization shall, upon written |
108 | certification of such inability given under oath to the |
109 | supervisor, be entitled to have the signatures verified at no |
110 | charge. In the event a candidate, person, or organization |
111 | submitting a petition to have an issue placed upon the ballot is |
112 | entitled to have the signatures verified at no charge, the |
113 | supervisor of elections of each county in which the signatures |
114 | are verified at no charge shall submit the total number of such |
115 | signatures checked in the county to the Chief Financial Officer |
116 | no later than December 1 of the general election year, and the |
117 | Chief Financial Officer shall cause such supervisor of elections |
118 | to be reimbursed from the General Revenue Fund in an amount |
119 | equal to 10 cents for each signature name checked or the actual |
120 | cost of checking such signatures, whichever is less. In no event |
121 | shall such reimbursement of costs be deemed or applied as extra |
122 | compensation for the supervisor. Petitions shall be retained by |
123 | the supervisors for a period of 1 year following the election |
124 | for which the petitions were circulated. |
125 | (b) A person or organization submitting a petition to |
126 | secure ballot placement for an issue which has filed a |
127 | certification of undue burden may not provide compensation to |
128 | any paid petition circulator, as defined in s. 100.372, unless |
129 | the person or organization first pays all supervisors for each |
130 | signature checked or reimburses the General Revenue Fund for |
131 | such costs. If a person or organization subject to this |
132 | paragraph provides compensation to a paid petition circulator |
133 | before the date the person or organization pays all supervisors |
134 | for each signature checked or reimburses the General Revenue |
135 | Fund for such costs, no signature on a petition circulated by |
136 | the petition circulator before that date may be counted toward |
137 | the number of valid signatures required for ballot placement. |
138 | (6)(a) The alleged improper verification of a signature on |
139 | a petition to secure ballot placement for an issue pursuant to |
140 | this code may be contested in the circuit court by a political |
141 | committee or by an elector. The contestant shall file a |
142 | complaint setting forth the basis of the contest, together with |
143 | the fees prescribed in chapter 28, with the clerk of the circuit |
144 | court in the county in which the petition is certified or in |
145 | Leon County if the complaint is directed to petitions certified |
146 | in more than one county. |
147 | (b) If the contestant demonstrates by a preponderance of |
148 | the evidence that one or more petitions were improperly |
149 | verified, the signatures appearing on such petitions may not be |
150 | counted toward the number of valid signatures required for |
151 | ballot placement. If an action brought under this subsection is |
152 | resolved after the Secretary of State has issued a certificate |
153 | of ballot position for the issue, but the contestant |
154 | demonstrates by a preponderance of the evidence that the person |
155 | or organization submitting the petition had obtained |
156 | verification of an insufficient number of valid and verified |
157 | signatures to qualify for ballot placement, the issue shall be |
158 | removed from the ballot or, if such action is impractical, any |
159 | votes cast for or against the issue may not be counted and shall |
160 | be invalidated. |
161 | (c) An action under this subsection must be commenced not |
162 | later than 90 days after the Secretary of State issues a |
163 | certificate of ballot position for the issue. |
164 | Section 3. Section 100.371, Florida Statutes, as amended |
165 | by section 9 of chapter 2002-281, Laws of Florida, is amended to |
166 | read: |
167 | 100.371 Initiatives; procedure for placement on ballot.-- |
168 | (1) Constitutional amendments proposed by initiative shall |
169 | be placed on the ballot for the general election provided that |
170 | an initiative petition is filed with the Secretary of State by |
171 | February 1 of the year in which the general election is to be |
172 | held occurring in excess of 90 days from the certification of |
173 | ballot position by the Secretary of State. |
174 | (2) Such Certification of ballot position shall be issued |
175 | when the Secretary of State has received verification |
176 | certificates from the supervisors of elections indicating that |
177 | the requisite number and distribution of valid petitions bearing |
178 | the signatures of electors have been submitted to and verified |
179 | by the supervisors. Every signature shall be dated by the |
180 | elector when made. Signatures are and shall be valid for a |
181 | period of 4 years following such date, provided all other |
182 | requirements of law are satisfied complied with. |
183 | (3) The sponsor of an initiative amendment shall, prior to |
184 | obtaining any signatures, register as a political committee |
185 | pursuant to s. 106.03 and submit the text of the proposed |
186 | amendment to the Secretary of State, with the form on which the |
187 | signatures will be affixed, and shall obtain the approval of the |
188 | Secretary of State of such form. The division Secretary of State |
189 | shall adopt rules pursuant to s. 120.54 prescribing the style |
190 | and requirements of such form. Upon filing with the Secretary of |
191 | State, the text of the proposed amendment and all forms filed in |
192 | connection with this section must, upon request, be made |
193 | available in alternative formats. The contents of a petition |
194 | form shall be limited to those items required by statute or |
195 | rule. A petition form shall be deemed a political advertisement |
196 | as defined in s. 106.011 and, as such, must comply with all |
197 | relevant requirements of chapter 106. |
198 | (4) The supervisor of elections shall record the date each |
199 | petition form was received by the supervisor and the date the |
200 | signature on the form was verified as valid. The supervisor |
201 | shall verify that the signature on a petition form is valid only |
202 | if the form complies with all of the following: |
203 | (a) The form must contain the original signature of the |
204 | purported elector; |
205 | (b) The purported elector must accurately record on the |
206 | form the date on which he or she signed the form; |
207 | (c) The form must accurately set forth the purported |
208 | elector's name, street address, county, voter registration |
209 | number, and any other information required by the division by |
210 | rule; |
211 | (d) The purported elector must be, at the time he or she |
212 | signs the form, a duly qualified and registered elector |
213 | authorized to vote in the county for which his or her signature |
214 | is submitted; |
215 | (e) The date the elector signed the form, as recorded by |
216 | the elector, must be no more than 30 days from the date the form |
217 | was received by the supervisor of elections; |
218 | (f) The elector must accurately record on the form whether |
219 | the elector was presented with the petition form for his or her |
220 | signature by a petition circulator, as defined in s. 100.372(1); |
221 | and |
222 | (g) If the elector was presented with the petition form |
223 | for his or her signature by a petition circulator, the petition |
224 | form must comply with the requirements of s. 100.372. |
225 | (5) An elector has the right to submit his or her signed |
226 | form to the sponsor of the initiative amendment, by mail or |
227 | otherwise, at an address listed on the form for this purpose. |
228 | (6) Each form must contain the following three notices at |
229 | the top of the form in bold type and in a 16-point or larger |
230 | font, immediately following the title "Constitutional Amendment |
231 | Petition Form": |
232 |
|
233 | RIGHT TO MAIL-IN - You have the right to take this |
234 | petition home and study the issue before signing. If |
235 | you choose to sign the petition, you may return it to |
236 | the sponsors of the amendment at the following |
237 | address: ___________________________________. |
238 |
|
239 | PAID PETITION CIRCULATOR ? The person presenting this |
240 | petition for your signature may be receiving |
241 | compensation to do so. You have the right to ask for |
242 | this information and the person's rate of compensation |
243 | before you sign the petition. |
244 |
|
245 | NATURE OF AMENDMENT ? The merits of the proposed |
246 | change to the Florida Constitution appearing below |
247 | have not been officially reviewed by any court or |
248 | agency of state government. |
249 |
|
250 | (7) An elector's signature on a petition form may be |
251 | revoked by submitting to the supervisor a signed petition |
252 | revocation form adopted by rule for this purpose by the |
253 | division. The sponsor of an initiative amendment shall provide |
254 | to any elector submitting his or her signature on a petition |
255 | form a revocation form for that initiative. The revocation form |
256 | must contain the address of the Secretary of State to permit the |
257 | elector to submit the revocation form via United States mail. |
258 | The petition revocation form shall be filed with the Secretary |
259 | of State no later than the January 1 preceding the next general |
260 | election or, if the initiative amendment is not certified for |
261 | ballot position in that election, no later than the January 1 |
262 | preceding the next succeeding general election. The division |
263 | shall promptly process the revocation form under procedures |
264 | adopted by rule for this purpose by the division. |
265 | (8)(4) The sponsor shall submit signed and dated forms to |
266 | the appropriate supervisor of elections for verification as to |
267 | the number of registered electors whose valid signatures appear |
268 | thereon. The supervisor shall promptly verify the signatures |
269 | upon payment of the fee required by s. 99.097. Upon completion |
270 | of verification, the supervisor shall execute a certificate |
271 | indicating the total number of signatures checked, the number of |
272 | signatures verified as valid and as being of registered |
273 | electors, the number of signatures validly revoked pursuant to |
274 | subsection (7), and the distribution of such signatures by |
275 | congressional district. This certificate shall be immediately |
276 | transmitted to the Secretary of State. The supervisor shall |
277 | retain the signed signature forms and revocation forms for at |
278 | least 1 year following the election in which the issue appeared |
279 | on the ballot or until the Division of Elections notifies the |
280 | supervisors of elections that the committee which circulated the |
281 | petition is no longer seeking to obtain ballot position. |
282 | (9)(5) The Secretary of State shall determine from the |
283 | verification certificates received from supervisors of elections |
284 | the total number of verified valid signatures and the |
285 | distribution of such signatures by congressional districts. Upon |
286 | a determination that the requisite number and distribution of |
287 | valid signatures have been obtained, the secretary shall issue a |
288 | certificate of ballot position for that proposed amendment and |
289 | shall assign a designating number pursuant to s. 101.161. A |
290 | petition shall be deemed to be filed with the Secretary of State |
291 | upon the date of the receipt by the secretary of a certificate |
292 | or certificates from supervisors of elections indicating the |
293 | petition has been signed by the constitutionally required number |
294 | of electors. |
295 | (10)(6)(a) Within 45 days after receipt of a proposed |
296 | revision or amendment to the State Constitution by initiative |
297 | petition from the Secretary of State or, within 30 days after |
298 | such receipt if receipt occurs 120 days or less before the |
299 | election at which the question of ratifying the amendment will |
300 | be presented, the Financial Impact Estimating Conference shall |
301 | complete an analysis and financial impact statement to be placed |
302 | on the ballot of the estimated increase or decrease in any |
303 | revenues or costs to state or local governments resulting from |
304 | the proposed initiative. The Financial Impact Estimating |
305 | Conference shall submit the financial impact statement to the |
306 | Attorney General and Secretary of State. |
307 | (b)1. The Financial Impact Estimating Conference shall |
308 | provide an opportunity for any proponents or opponents of the |
309 | initiative to submit information and may solicit information or |
310 | analysis from any other entities or agencies, including the |
311 | Office of Economic and Demographic Research. All meetings of the |
312 | Financial Impact Estimating Conference shall be open to the |
313 | public as provided in chapter 286. |
314 | 2. The Financial Impact Estimating Conference is |
315 | established to review, analyze, and estimate the financial |
316 | impact of amendments to or revisions of the State Constitution |
317 | proposed by initiative. The Financial Impact Estimating |
318 | Conference shall consist of four principals: one person from the |
319 | Executive Office of the Governor; the coordinator of the Office |
320 | of Economic and Demographic Research, or his or her designee; |
321 | one person from the professional staff of the Senate; and one |
322 | person from the professional staff of the House of |
323 | Representatives. Each principal shall have appropriate fiscal |
324 | expertise in the subject matter of the initiative. A Financial |
325 | Impact Estimating Conference may be appointed for each |
326 | initiative. |
327 | 3. Principals of the Financial Impact Estimating |
328 | Conference shall reach a consensus or majority concurrence on a |
329 | clear and unambiguous financial impact statement, no more than |
330 | 75 words in length, and immediately submit the statement to the |
331 | Attorney General. Nothing in this subsection prohibits the |
332 | Financial Impact Estimating Conference from setting forth a |
333 | range of potential impacts in the financial impact statement. |
334 | Any financial impact statement that a court finds not to be in |
335 | accordance with this section shall be remanded solely to the |
336 | Financial Impact Estimating Conference for redrafting. The |
337 | Financial Impact Estimating Conference shall redraft the |
338 | financial impact statement within 15 days. |
339 | 4. If the members of the Financial Impact Estimating |
340 | Conference are unable to agree on the statement required by this |
341 | subsection, or if the Supreme Court has rejected the initial |
342 | submission by the Financial Impact Estimating Conference and no |
343 | redraft has been approved by the Supreme Court by April 1 of the |
344 | year in which the general election is to be held 5 p.m. on the |
345 | 75th day before the election, the following statement shall |
346 | appear on the ballot pursuant to s. 101.161(1): "The financial |
347 | impact of this measure, if any, cannot be reasonably determined |
348 | at this time." |
349 | (c) The financial impact statement must be separately |
350 | contained and be set forth after the ballot summary as required |
351 | in s. 101.161(1). |
352 | (d)1. Any financial impact statement that the Supreme |
353 | Court finds not to be in accordance with this subsection shall |
354 | be remanded solely to the Financial Impact Estimating Conference |
355 | for redrafting, provided the court's advisory opinion is |
356 | rendered by April 1 of the year in which the general election is |
357 | to be held at least 75 days before the election at which the |
358 | question of ratifying the amendment will be presented. The |
359 | Financial Impact Estimating Conference shall prepare and adopt a |
360 | revised financial impact statement no later than 5 p.m. on the |
361 | 15th day after the date of the court's opinion. |
362 | 2. If, by 5 p.m. on April 1 of the year in which the |
363 | general election is to be held the 75th day before the election, |
364 | the Supreme Court has not issued an advisory opinion on the |
365 | initial financial impact statement prepared by the Financial |
366 | Impact Estimating Conference for an initiative amendment that |
367 | otherwise meets the legal requirements for ballot placement, the |
368 | financial impact statement shall be deemed approved for |
369 | placement on the ballot. |
370 | 3. In addition to the financial impact statement required |
371 | by this subsection, the Financial Impact Estimating Conference |
372 | shall draft an initiative financial information statement. The |
373 | initiative financial information statement should describe in |
374 | greater detail than the financial impact statement any projected |
375 | increase or decrease in revenues or costs that the state or |
376 | local governments would likely experience if the ballot measure |
377 | were approved. If appropriate, the initiative financial |
378 | information statement may include both estimated dollar amounts |
379 | and a description placing the estimated dollar amounts into |
380 | context. The initiative financial information statement must |
381 | include both a summary of not more than 500 words and additional |
382 | detailed information that includes the assumptions that were |
383 | made to develop the financial impacts, workpapers, and any other |
384 | information deemed relevant by the Financial Impact Estimating |
385 | Conference. |
386 | 4. The Department of State shall have printed, and shall |
387 | furnish to each supervisor of elections, a copy of the summary |
388 | from the initiative financial information statements. The |
389 | supervisors shall have the summary from the initiative financial |
390 | information statements available at each polling place and at |
391 | the main office of the supervisor of elections upon request. |
392 | 5. The Secretary of State and the Office of Economic and |
393 | Demographic Research shall make available on the Internet each |
394 | initiative financial information statement in its entirety. In |
395 | addition, each supervisor of elections whose office has a |
396 | website shall post the summary from each initiative financial |
397 | information statement on the website. Each supervisor shall |
398 | include the Internet addresses for the information statements on |
399 | the Secretary of State's and the Office of Economic and |
400 | Demographic Research's websites in the publication or mailing |
401 | required by s. 101.20. |
402 | (11)(7) The Department of State may adopt rules in |
403 | accordance with s. 120.54 to carry out this section the |
404 | provisions of subsections (1)-(6). |
405 | Section 4. Section 100.372, Florida Statutes, is created |
406 | to read: |
407 | 100.372 Regulation of initiative petition circulators.-- |
408 | (1) For purposes of this section, a: |
409 | (a) "Petition circulator" is any person who, in the |
410 | context of a direct face-to-face conversation, presents to |
411 | another person for his or her possible signature a petition form |
412 | or petition revocation form regarding ballot placement for an |
413 | initiative. |
414 | (b) "Paid petition circulator" is a petition circulator |
415 | who receives any compensation as either a direct or indirect |
416 | consequence of the activities described in paragraph (a). |
417 | (2) A petition circulator must be, at the time the |
418 | petition circulator presents to any person for his or her |
419 | possible signature a petition form or petition revocation form |
420 | regarding ballot placement for an initiative, at least 18 years |
421 | of age and eligible to register to vote in this state pursuant |
422 | to s. 97.041. |
423 | (3) A paid petitioner circulator shall, when engaged in |
424 | the activities described in paragraph (1)(a), wear a prominent |
425 | badge, in a form and manner prescribed by rule by the division, |
426 | identifying him or her as a "PAID PETITION CIRCULATOR." |
427 | (4) In addition to any other practice or action |
428 | permissible under law, an owner, lessee, or other person |
429 | lawfully exercising control over private property may: |
430 | (a) Uniformly prohibit petition circulators from operating |
431 | on the property and uniformly prohibit persons from engaging in |
432 | other activities supporting or opposing an initiative; or |
433 | (b) Permit such conduct on the property subject to time, |
434 | place, and manner restrictions that are reasonable and uniformly |
435 | applied. |
436 | (5) Prior to being presented to a possible elector for |
437 | signature, a petition form or petition revocation form regarding |
438 | ballot placement for an initiative must set forth the following |
439 | information in a format and manner prescribed by rule by the |
440 | division: |
441 | (a) The name of any organization or entity with which the |
442 | petition circulator is affiliated and on behalf of which the |
443 | petition circulator is presenting forms to electors for possible |
444 | signature. |
445 | (b) The name of the sponsor of the initiative if different |
446 | from the entity with which the petition circulator is |
447 | affiliated. |
448 | (c) A statement directing those seeking information about |
449 | initiative sponsors and their contributors to the Internet |
450 | address of the appropriate division website; and |
451 | (d) A statement disclosing whether the petition circulator |
452 | is a paid petition circulator, and, if so, the amount or rate of |
453 | compensation and the name and address of the person or entity |
454 | paying the compensation to the paid petition circulator. |
455 | (6)(a) A paid petition circulator shall attach to each |
456 | signed petition form, petition revocation form, or group of such |
457 | forms obtained by the paid petition circulator a signed, |
458 | notarized, and dated affidavit executed by the paid petition |
459 | circulator in a form prescribed by rule by the division. If the |
460 | affidavit pertains to a group of forms, the forms shall be |
461 | consecutively numbered on their face by the paid petition |
462 | circulator and the affidavit shall refer to the forms by number. |
463 | (b) The affidavit shall include the paid petition |
464 | circulator's printed name; the street address at which he or she |
465 | resides, including county; the petition circulator's date of |
466 | birth; the petition circulator's Florida voter registration |
467 | number and county of registration, if applicable, or an |
468 | identification number from a valid government-issued photo |
469 | identification card along with information identifying the |
470 | issuer; and the date he or she signed the affidavit. |
471 | (c) The affidavit shall attest that the paid petition |
472 | circulator has read and understands the laws governing the |
473 | circulation of petition and petition revocation forms regarding |
474 | ballot placement for an initiative; that he or she was 18 years |
475 | of age and eligible to register to vote at the time the attached |
476 | form or forms were circulated and signed by the listed electors; |
477 | that he or she circulated the attached form or forms; that each |
478 | signature thereon was affixed in the circulator's presence; that |
479 | each signature thereon is the signature of the person whose name |
480 | it purports to be; that to the best of the circulator's |
481 | knowledge and belief each of the persons signing the form or |
482 | forms was, at the time of signing, a registered elector; that |
483 | the circulator has not provided or received, and will not in the |
484 | future provide or receive, compensation that is based, directly |
485 | or indirectly, upon the number of signatures obtained on |
486 | petitions or petition revocation forms; and that he or she has |
487 | not paid or will not in the future pay, and that he or she |
488 | believes that no other person has paid or will pay, directly or |
489 | indirectly, any money or other thing of value to any signer for |
490 | the purpose of inducing or causing such signer to affix his or |
491 | her signature to the form. |
492 | (d) A signature on a petition form or petition revocation |
493 | form regarding ballot placement for an initiative to which an |
494 | affidavit required by this subsection is not attached is |
495 | invalid, may not be verified by the supervisor of elections, and |
496 | may not be counted toward the number of valid signatures |
497 | required for ballot placement. |
498 | (7) Each paid petition circulator shall provide to the |
499 | sponsor of the initiative amendment for which he or she is |
500 | circulating petitions a copy of a valid and current government- |
501 | issued photo identification card that accurately indicates the |
502 | address at which the paid petition circulator resides. The |
503 | sponsor of the initiative shall maintain the copies of these |
504 | identification cards in its files and shall make them available |
505 | for inspection by the division, a supervisor of elections, or |
506 | any law enforcement agency. If a sponsor fails to maintain such |
507 | a copy with respect to a particular paid petition circulator, |
508 | all petitions obtained by that paid petition circulator prior to |
509 | the date the sponsor produces the required copy of the |
510 | identification card are invalid, may not be verified by the |
511 | supervisor of elections, and may not be counted toward the |
512 | number of valid signatures required for ballot placement. |
513 | (8) A signature on a petition form or petition revocation |
514 | form regarding ballot placement for an initiative which does not |
515 | fully comply with the applicable provisions of this chapter, or |
516 | which was obtained in violation of the applicable provisions of |
517 | this code, is invalid, may not be verified by the supervisor of |
518 | elections, and may not be counted toward the number of valid |
519 | signatures required for ballot placement. |
520 | Section 5. Subsection (1) of section 101.161, Florida |
521 | Statutes, is amended to read: |
522 | (1) Whenever a constitutional amendment or other public |
523 | measure is submitted to the vote of the people, the substance of |
524 | such amendment or other public measure shall be printed in clear |
525 | and unambiguous language on the ballot after the list of |
526 | candidates, followed by the word "yes" and also by the word |
527 | "no," and shall be styled in such a manner that a "yes" vote |
528 | will indicate approval of the proposal and a "no" vote will |
529 | indicate rejection. The wording of the substance of the |
530 | amendment or other public measure and the ballot title to appear |
531 | on the ballot shall be embodied in the joint resolution, |
532 | constitutional revision commission proposal, constitutional |
533 | convention proposal, taxation and budget reform commission |
534 | proposal, or enabling resolution or ordinance. Except for |
535 | amendments and ballot language proposed by joint resolution, the |
536 | substance of the amendment or other public measure shall be an |
537 | explanatory statement, not exceeding 75 words in length, of the |
538 | chief purpose of the measure. In addition, for every amendment |
539 | proposed by initiative, the ballot shall include, following the |
540 | ballot summary, a separate financial impact statement concerning |
541 | the measure prepared by the Financial Impact Estimating |
542 | Conference in accordance with s. 100.371(10)(6). The ballot |
543 | title shall consist of a caption, not exceeding 15 words in |
544 | length, by which the measure is commonly referred to or spoken |
545 | of. |
546 | Section 6. Paragraph (a) of subsection (4) of section |
547 | 101.62, Florida Statutes, is amended to read: |
548 | 101.62 Request for absentee ballots.-- |
549 | (4)(a) To each absent qualified elector overseas who has |
550 | requested an absentee ballot, the supervisor of elections shall, |
551 | not fewer than 35 days before the first primary election, mail |
552 | an absentee ballot. Not fewer than 45 days before the second |
553 | primary and general election, the supervisor of elections shall |
554 | mail an advance absentee ballot to those persons requesting |
555 | ballots for such elections. The advance absentee ballot for the |
556 | second primary shall be the same as the first primary absentee |
557 | ballot as to the names of candidates, except that for any |
558 | offices where there are only two candidates, those offices and |
559 | all political party executive committee offices shall be |
560 | omitted. Except as provided in ss. 99.063(4) and 100.371(10)(6), |
561 | the advance absentee ballot for the general election shall be as |
562 | specified in s. 101.151, except that in the case of candidates |
563 | of political parties where nominations were not made in the |
564 | first primary, the names of the candidates placing first and |
565 | second in the first primary election shall be printed on the |
566 | advance absentee ballot. The advance absentee ballot or advance |
567 | absentee ballot information booklet shall be of a different |
568 | color for each election and also a different color from the |
569 | absentee ballots for the first primary, second primary, and |
570 | general election. The supervisor shall mail an advance absentee |
571 | ballot for the second primary and general election to each |
572 | qualified absent elector for whom a request is received until |
573 | the absentee ballots are printed. The supervisor shall enclose |
574 | with the advance second primary absentee ballot and advance |
575 | general election absentee ballot an explanation stating that the |
576 | absentee ballot for the election will be mailed as soon as it is |
577 | printed; and, if both the advance absentee ballot and the |
578 | absentee ballot for the election are returned in time to be |
579 | counted, only the absentee ballot will be counted. The |
580 | Department of State may prescribe by rule the requirements for |
581 | preparing and mailing absentee ballots to absent qualified |
582 | electors overseas. |
583 | Section 7. Subsection (5) is added to section 104.012, |
584 | Florida Statutes, to read: |
585 | 104.012 Consideration for registration; interference with |
586 | registration; soliciting registrations for compensation; |
587 | alteration of registration application; failing to submit |
588 | registration application.-- |
589 | (5) Any person who obtains an executed voter registration |
590 | application from another person and who willfully fails to |
591 | submit this application to the appropriate supervisor of |
592 | elections within 10 days commits a felony of the third degree, |
593 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
594 | Section 8. Section 104.185, Florida Statutes, is amended |
595 | to read: |
596 | 104.185 Violations involving petitions; knowingly signing |
597 | more than once; signing another person's name or a fictitious |
598 | name.-- |
599 | (1) A person who knowingly signs a petition or petitions |
600 | to secure ballot position for a candidate, a minor political |
601 | party, or an issue more than one time commits a misdemeanor of |
602 | the first degree, punishable as provided in s. 775.082 or s. |
603 | 775.083 and, upon any subsequent conviction, commits a felony of |
604 | the third degree, punishable as provided in s. 775.082, s. |
605 | 775.083, or s. 775.084. |
606 | (2) A person who signs another person's name or a |
607 | fictitious name to any petition to secure ballot position for a |
608 | candidate, a minor political party, or an issue, or to a |
609 | petition revocation form, commits a misdemeanor of the first |
610 | degree, punishable as provided in s. 775.082 or s. 775.083 and, |
611 | upon any subsequent conviction, commits a felony of the third |
612 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
613 | 775.084. |
614 | (3) A person who willfully swears or affirms falsely to |
615 | any oath or affirmation, or willfully procures another person to |
616 | swear or affirm falsely to an oath or affirmation, in connection |
617 | with or arising out of the petitioning process commits a |
618 | misdemeanor of the first degree, punishable as provided in s. |
619 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
620 | commits a felony of the third degree, punishable as provided in |
621 | s. 775.082, s. 775.083, or s. 775.084. |
622 | (4) A person who willfully submits any false information |
623 | on a petition or petition revocation form commits a misdemeanor |
624 | of the first degree, punishable as provided in s. 775.082 or s. |
625 | 775.083 and, upon any subsequent conviction, commits a felony of |
626 | the third degree, punishable as provided in s. 775.082, s. |
627 | 775.083, or s. 775.084. |
628 | (5) A person who directly or indirectly gives or promises |
629 | anything of value to any other person to induce that other |
630 | person to sign a petition or petition revocation form commits a |
631 | misdemeanor of the first degree, punishable as provided in s. |
632 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
633 | commits a felony of the third degree, punishable as provided in |
634 | s. 775.082, s. 775.083, or s. 775.084. |
635 | (6) A person who, by bribery, menace, threat, or other |
636 | corruption, directly or indirectly influences, deceives, or |
637 | deters, or attempts to influence, deceive, or deter, any person |
638 | in the free exercise of that person's right to sign a petition |
639 | or petition revocation form, upon the first conviction commits a |
640 | misdemeanor of the first degree, punishable as provided in s. |
641 | 775.082 or s. 775.083 and, upon any subsequent conviction, |
642 | commits a felony of the third degree, punishable as provided in |
643 | s. 775.082, s. 775.083, or s. 775.084. |
644 | (7) A person may not provide or receive compensation that |
645 | is based, directly or indirectly, upon the number of signatures |
646 | obtained on petitions or petition revocation forms. A person who |
647 | violates this subsection commits a misdemeanor of the first |
648 | degree, punishable as provided in s. 775.082 or s. 775.083 and, |
649 | upon any subsequent conviction, commits a felony of the third |
650 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
651 | 775.084. |
652 | (8) A person who alters the petition or petition |
653 | revocation form signed by any other person without the other |
654 | person's knowledge and consent commits a misdemeanor of the |
655 | first degree, punishable as provided in s. 775.082 or s. 775.083 |
656 | and, upon any subsequent conviction, commits a felony of the |
657 | third degree, punishable as provided in s. 775.082, s. 775.083, |
658 | or s. 775.084. |
659 | (9) A person perpetrating, or attempting to perpetrate or |
660 | aid in the perpetration of, any fraud in connection with |
661 | obtaining the signature of electors on petitions or petition |
662 | revocation forms commits a misdemeanor of the first degree, |
663 | punishable as provided in s. 775.082 or s. 775.083 and, upon any |
664 | subsequent conviction, commits a felony of the third degree, |
665 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
666 | (10) In addition to any other penalty provided for by law, |
667 | if a paid petition circulator, as defined in s. 100.372(1), |
668 | violates any provision of this section, the Florida Elections |
669 | Commission may, pursuant to s. 106.265, impose a civil penalty |
670 | in the form of a fine not to exceed $1,000 per violation on any |
671 | person or entity on behalf of which the petition circulator was |
672 | acting at the time of the violation. |
673 | Section 9. Section 104.42, Florida Statutes, is amended to |
674 | read: |
675 | 104.42 Unlawful registrations, petitions, Fraudulent |
676 | registration and illegal voting; investigation.-- |
677 | (1) The supervisor of elections is authorized to |
678 | investigate unlawful fraudulent registrations, petitions, and |
679 | illegal voting and to report his or her findings to the local |
680 | state attorney, the Florida Department of Law Enforcement, and |
681 | the Florida Elections Commission. |
682 | (2) The board of county commissioners in any county may |
683 | appropriate funds to the supervisor of elections for the purpose |
684 | of investigating unlawful fraudulent registrations, petitions, |
685 | and illegal voting. |
686 | (3) The supervisor of elections shall document and report |
687 | suspected unlawful registrations, petitions, and voting to the |
688 | Florida Elections Commission within 10 days of acquiring |
689 | reasonable suspicion about the lawfulness of the registrations, |
690 | petitions, and voting. |
691 | Section 10. Any signature gathered on an authorized form |
692 | for an initiative petition that has been submitted for |
693 | verification prior to the effective date of this act may be |
694 | verified and counted if otherwise valid. However, any petition |
695 | form that is submitted for verification on or after the |
696 | effective date of this act shall be verified and counted only if |
697 | it complies with all the provisions of this act. Any initiative |
698 | petition form approved by the Secretary of State prior to the |
699 | effective date of this act is hereby invalidated, and a new |
700 | petition form must be resubmitted to the Secretary of State for |
701 | approval in accordance with the requirements of this act prior |
702 | to obtaining elector signatures. |
703 | Section 11. If any provision of this act or its |
704 | application to any person or circumstance is held invalid, the |
705 | invalidity does not affect other provisions or applications of |
706 | the act which can be given effect without the invalid provision |
707 | or application, and to this end the provisions of this act are |
708 | declared severable. |
709 | Section 12. This act shall take effect August 1, 2005. |