Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1567, 1st Eng.
                        Barcode 391872
                            CHAMBER ACTION
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 97.012, Florida Statutes, is
18  amended to read:
19         97.012  Secretary of State as chief election
20  officer.--The Secretary of State is the chief election officer
21  of the state, and it is his or her responsibility to:
22         (1)  Obtain and maintain uniformity in the application,
23  operation, and interpretation of the election laws.
24         (2)  Provide uniform standards for the proper and
25  equitable implementation of the registration laws.
26         (3)  Actively seek out and collect the data and
27  statistics necessary to knowledgeably scrutinize the
28  effectiveness of election laws.
29         (4)  Provide technical assistance to the supervisors of
30  elections on voter education and election personnel training
31  services.
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) Provide technical assistance to the supervisors of 2 elections on voting systems. 3 (6) Provide voter education assistance to the public. 4 (7) Coordinate the state's responsibilities under the 5 National Voter Registration Act of 1993. 6 (8) Provide training to all affected state agencies on 7 the necessary procedures for proper implementation of this 8 chapter. 9 (9) Ensure that all registration applications and 10 forms prescribed or approved by the department are in 11 compliance with the Voting Rights Act of 1965 and the National 12 Voter Registration Act of 1993. 13 (10) Coordinate with the United States Department of 14 Defense so that armed forces recruitment offices administer 15 voter registration in a manner consistent with the procedures 16 set forth in this code for voter registration agencies. 17 (11) Create and administer maintain a statewide voter 18 registration system as required by the Help America Vote Act 19 of 2002 database. 20 (12) Maintain a voter fraud hotline and provide 21 election fraud education to the public. 22 (13) Designate an office within the department to be 23 responsible for providing information regarding voter 24 registration procedures and absentee ballot procedures to 25 absent uniformed services voters and overseas voters. 26 (14) Conduct preliminary investigations into any 27 irregularities or fraud involving voter registration, voting, 28 or candidate or issue petition activities and report his or 29 her findings to the statewide prosecutor or the state attorney 30 for the judicial circuit in which the alleged violation 31 occurred for prosecution, if warranted. The Department of 2 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 State may prescribe by rule requirements for filing an 2 elections-fraud complaint and for investigating any such 3 complaint. 4 Section 2. Subsection (3) and present subsections (24) 5 and (39) of section 97.021, Florida Statutes, are amended, 6 present subsections (8) through (33) of that section are 7 redesignated as subsections (10) through (35), respectively, 8 present subsections (34) through (39) of that section are 9 redesignated as subsections (37) through (42), respectively, 10 and new subsections (8), (9), and (36) are added to that 11 section, to read: 12 97.021 Definitions.--For the purposes of this code, 13 except where the context clearly indicates otherwise, the 14 term: 15 (3) "Ballot" or "official ballot" when used in 16 reference to: 17 (a) "Marksense Paper ballots" means that printed sheet 18 of paper, used in conjunction with an electronic or 19 electromechanical vote tabulation voting system, containing 20 the names of candidates, or a statement of proposed 21 constitutional amendments or other questions or propositions 22 submitted to the electorate at any election, on which sheet of 23 paper an elector casts his or her vote. 24 (b) "Electronic or electromechanical devices" means a 25 ballot that is voted by the process of electronically 26 designating, including by touchscreen, or marking with a 27 marking device for tabulation by automatic tabulating 28 equipment or data processing equipment. 29 (8) "Early voting area" means the area designated by 30 the supervisor of elections at an early voting site at which 31 early voting activities occur, including, but not limited to, 3 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 lines of voters waiting to be processed, the area where voters 2 check in and are processed, and the area where voters cast 3 their ballots. 4 (9) "Early voting site" means those locations 5 specified in s. 101.657 and the building in which early voting 6 occurs. 7 (26)(24) "Polling room" means the actual room in which 8 ballots are cast on election day and during early voting. 9 (36) "Third-party registration organization" means any 10 person, entity, or organization soliciting or collecting voter 11 registration applications. A third-party voter registration 12 organization does not include: 13 (a) A political party; 14 (b) A person who seeks only to register to vote or 15 collect voter registration applications from that person's 16 spouse, child, or parent; or 17 (c) A person engaged in registering to vote or 18 collecting voter registration applications as an employee or 19 agent of the division, supervisor of elections, Department of 20 Highway Safety and Motor Vehicles, or a voter registration 21 agency. 22 (42)(39) "Voting system" means a method of casting and 23 processing votes that functions wholly or partly by use of 24 electromechanical or electronic apparatus or by use of 25 marksense paper ballots and includes, but is not limited to, 26 the procedures for casting and processing votes and the 27 programs, operating manuals, supplies tabulating cards, 28 printouts, and other software necessary for the system's 29 operation. 30 Section 3. Section 97.051, Florida Statutes, is 31 amended to read: 4 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 97.051 Oath upon registering.--A person registering to 2 vote must subscribe to the following oath: "I do solemnly 3 swear (or affirm) that I will protect and defend the 4 Constitution of the United States and the Constitution of the 5 State of Florida, that I am qualified to register as an 6 elector under the Constitution and laws of the State of 7 Florida, and that all information provided in this application 8 is true I am a citizen of the United States and a legal 9 resident of Florida." 10 Section 4. Section 97.052, Florida Statutes, is 11 amended to read: 12 97.052 Uniform statewide voter registration 13 application.-- 14 (1) The department shall prescribe a uniform statewide 15 voter registration application for use in this state. 16 (a) The uniform statewide voter registration 17 application must be accepted for any one or more of the 18 following purposes: 19 1. Initial registration. 20 2. Change of address. 21 3. Change of party affiliation. 22 4. Change of name. 23 5. Replacement of a voter registration identification 24 card. 25 6. Signature update. 26 (b) The department is responsible for printing the 27 uniform statewide voter registration application and the voter 28 registration application form prescribed by the Federal 29 Election Assistance Commission pursuant to federal law the 30 National Voter Registration Act of 1993. The applications and 31 forms must be distributed, upon request, to the following: 5 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 1. Individuals seeking to register to vote. 2 2. Individuals or groups conducting voter registration 3 programs. A charge of 1 cent per application shall be assessed 4 on requests for 10,000 or more applications. 5 3. The Department of Highway Safety and Motor 6 Vehicles. 7 4. Voter registration agencies. 8 5. Armed forces recruitment offices. 9 6. Qualifying educational institutions. 10 7. Supervisors, who must make the applications and 11 forms available in the following manner: 12 a. By distributing the applications and forms in their 13 offices to any individual or group. 14 b. By distributing the applications and forms at other 15 locations designated by each supervisor. 16 c. By mailing the applications and forms to applicants 17 upon the request of the applicant. 18 (c) The uniform statewide voter registration 19 application may be reproduced by any private individual or 20 group, provided the reproduced application is in the same 21 format as the application prescribed under this section. 22 (2) The uniform statewide voter registration 23 application must be designed to elicit the following 24 information from the applicant: 25 (a) Full name. 26 (b) Date of birth. 27 (c) Address of legal residence. 28 (d) Mailing address, if different. 29 (e) County of legal residence. 30 (f) Address of property for which the applicant has 31 been granted a homestead exemption, if any. 6 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (f)(g) Race or ethnicity that best describes the 2 applicant: 3 1. American Indian or Alaskan Native. 4 2. Asian or Pacific Islander. 5 3. Black, not Hispanic. 6 4. White, not Hispanic. 7 5. Hispanic. 8 (g)(h) State or country of birth. 9 (h)(i) Sex. 10 (i)(j) Party affiliation. 11 (j)(k) Whether the applicant needs assistance in 12 voting. 13 (k)(l) Name and address where last registered. 14 (l)(m) Last four digits of the applicant's social 15 security number. 16 (m)(n) Florida driver's license number or the 17 identification number from a Florida identification card 18 issued under s. 322.051. 19 (n)(o) Telephone number (optional). 20 (o)(p) Signature of applicant under penalty for false 21 swearing pursuant to s. 104.011, by which the person 22 subscribes to the oath required by s. 3, Art. VI of the State 23 Constitution and s. 97.051, and swears or affirms that the 24 information contained in the registration application is true. 25 (p)(q) Whether the application is being used for 26 initial registration, to update a voter registration record, 27 or to request a replacement registration identification card. 28 (q)(r) Whether the applicant is a citizen of the 29 United States by asking the question "Are you a citizen of the 30 United States of America?" and providing boxes for the 31 applicant to check to indicate whether the applicant is or is 7 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 not a citizen of the United States. 2 (r)(s) Whether That the applicant has not been 3 convicted of a felony, and or, if convicted, has had his or 4 her civil rights restored by including the statement "I affirm 5 I am not a convicted felon, or if I am, my rights relating to 6 voting have been restored" and providing a box for the 7 applicant to affirm the statement. 8 (s)(t) Whether That the applicant has not been 9 adjudicated mentally incapacitated with respect to voting or, 10 if so adjudicated, has had his or her right to vote restored 11 by including the statement "I affirm I have not been 12 adjudicated mentally incapacitated with respect to voting or, 13 if I have, my competency has been restored" and providing a 14 box for the applicant to check to affirm the statement. 15 16 The registration form must be in plain language and designed 17 so that convicted felons whose civil rights have been restored 18 and persons who have been adjudicated mentally incapacitated 19 and have had their voting rights restored are not required to 20 reveal their prior conviction or adjudication. 21 (3) The uniform statewide voter registration 22 application must also contain: 23 (a) The oath required by s. 3, Art. VI of the State 24 Constitution and s. 97.051. 25 (b) A statement specifying each eligibility 26 requirement under s. 97.041. 27 (c) The penalties provided in s. 104.011 for false 28 swearing in connection with voter registration. 29 (d) A statement that, if an applicant declines to 30 register to vote, the fact that the applicant has declined to 31 register will remain confidential and may be used only for 8 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 voter registration purposes. 2 (e) A statement that informs the applicant who chooses 3 to register to vote or update a voter registration record that 4 the office at which the applicant submits a voter registration 5 application or updates a voter registration record will remain 6 confidential and may be used only for voter registration 7 purposes. 8 (f) A statement that informs the applicant that any 9 person who has been granted a homestead exemption in this 10 state, and who registers to vote in any precinct other than 11 the one in which the property for which the homestead 12 exemption has been granted, shall have that information 13 forwarded to the property appraiser where such property is 14 located, which may result in the person's homestead exemption 15 being terminated and the person being subject to assessment of 16 back taxes under s. 193.092, unless the homestead granted the 17 exemption is being maintained as the permanent residence of a 18 legal or natural dependent of the owner and the owner resides 19 elsewhere. 20 (f)(g) A statement informing an the applicant who has 21 not been issued a Florida driver's license, a Florida 22 identification card, or a social security number that if the 23 application form is submitted by mail and the applicant is 24 registering for the first time in Florida, the applicant will 25 be required to provide identification prior to voting the 26 first time. 27 (4) A supervisor may produce a voter registration 28 application that has the supervisor's direct mailing address 29 if the department has reviewed the application and determined 30 that it is substantially the same as the uniform statewide 31 voter registration application. 9 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) The voter registration application form prescribed 2 by the Federal Election Assistance Commission pursuant to 3 federal law the National Voter Registration Act of 1993 or the 4 federal postcard application must be accepted as an 5 application for registration in this state if the completed 6 application or postcard application contains the information 7 required by the constitution and laws of this state. 8 Section 5. Section 97.053, Florida Statutes, is 9 amended to read: 10 97.053 Acceptance of voter registration 11 applications.-- 12 (1) Voter registration applications, changes in 13 registration, and requests for a replacement registration 14 identification card must be accepted in the office of any 15 supervisor, the division, a driver license office, a voter 16 registration agency, or an armed forces recruitment office 17 when hand delivered by the applicant or a third party during 18 the hours that office is open or when mailed. 19 (2) A completed voter registration application is 20 complete and that contains the information necessary to 21 establish an applicant's eligibility pursuant to s. 97.041 22 becomes the official voter registration record of that 23 applicant when all information necessary to establish the 24 applicant's eligibility pursuant to s. 97.041 is received by 25 the appropriate supervisor. If the applicant fails to complete 26 his or her voter registration application before the date of 27 book closing for an election, such applicant is not eligible 28 to vote in that election. 29 (3) The registration date for a valid initial voter 30 registration application that has been hand delivered is the 31 date when received by a driver license office, a voter 10 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 registration agency, an armed forces recruitment office, the 2 division, or the office of any supervisor in the state. 3 (4) The registration date for a valid initial voter 4 registration application that has been mailed to a driver 5 license office, a voter registration agency, an armed forces 6 recruitment office, the division, or the office of any 7 supervisor in the state and bears a clear postmark is the date 8 of that the postmark. If an initial voter registration 9 application that has been mailed does not bear a postmark or 10 if the postmark is unclear, the registration date is the date 11 the registration is received by any supervisor or the 12 division, unless it is received within 5 days after the 13 closing of the books for an election, excluding Saturdays, 14 Sundays, and legal holidays, in which case the registration 15 date is the book-closing date. 16 (5)(a) A voter registration application is complete if 17 it contains the following information necessary to establish 18 eligibility pursuant to s. 97.041: 19 1. The applicant's name. 20 2. The applicant's legal residence address. 21 3. The applicant's date of birth. 22 4. A mark in the checkbox affirming An indication that 23 the applicant is a citizen of the United States. 24 5. The applicant's Florida driver's license number, 25 the identification number from a Florida identification card 26 issued under s. 322.051, or the last four digits of the 27 applicant's social security number. 28 6. A mark in the checkbox affirming An indication that 29 the applicant has not been convicted of a felony or that, if 30 convicted, has had his or her civil rights restored. 31 7. A mark in the checkbox affirming An indication that 11 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the applicant has not been adjudicated mentally incapacitated 2 with respect to voting or that, if so adjudicated, has had his 3 or her right to vote restored. 4 8. The original signature of the applicant swearing or 5 affirming under the penalty for false swearing pursuant to s. 6 104.011 that the information contained in the registration 7 application is true and subscribing to the oath required by s. 8 3, Art. VI of the State Constitution and s. 97.051. 9 (b) An applicant who fails to designate party 10 affiliation must be registered without party affiliation. The 11 supervisor must notify the voter by mail that the voter has 12 been registered without party affiliation and that the voter 13 may change party affiliation as provided in s. 97.1031. 14 Section 6. Subsection (1) of section 97.055, Florida 15 Statutes, is amended to read: 16 97.055 Registration books; when closed for an 17 election.-- 18 (1) The registration books must be closed on the 29th 19 day before each election and must remain closed until after 20 that election. If an election is called and there are fewer 21 than 29 days before that election, the registration books must 22 be closed immediately. When the registration books are closed 23 for an election, updates to a voter's name, address, and 24 signature pursuant to ss. 98.077 and 101.045 shall be the only 25 changes permitted for purposes of the upcoming election. Voter 26 registration applications and party changes must be accepted 27 but only for the purpose of subsequent elections. However, 28 party changes received between the book-closing date of the 29 first primary election and the date of the second primary 30 election are not effective until after the second primary 31 election. 12 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Section 7. Section 97.0575, Florida Statutes, is 2 created to read: 3 97.0575 Third-party voter registrations.-- 4 (1) Prior to engaging in any voter-registration 5 activities, a third-party voter registration organization 6 shall name a registered agent in the state and submit to the 7 division, in a form adopted by the division, the name of the 8 registered agent and the name of those individuals responsible 9 for the day-to-day operation of the third-party voter 10 registration organization, including, if applicable, the names 11 of the entity's board of directors, president, vice president, 12 managing partner, or such other individuals engaged in similar 13 duties or functions. On or before the 15th day after the end 14 of each calendar quarter, each third-party voter registration 15 organization shall submit to the division a report providing 16 the date and location of any organized voter-registration 17 drives conducted by the organization in the prior calendar 18 quarter. 19 (2) The failure to submit the information required by 20 subsection (1) does not subject the third-party voter 21 registration organization to any civil or criminal penalties 22 for such failure and the failure to submit such information is 23 not a basis for denying such third-party voter registration 24 organization with copies of voter-registration application 25 forms. 26 (3) A third-party voter registration organization that 27 collects voter-registration applications serves as a fiduciary 28 to the applicant, ensuring that any voter-registration 29 application entrusted to the third-party voter registration 30 organization, irrespective of party affiliation, race, 31 ethnicity, or gender shall be promptly delivered to the 13 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 division or the supervisor of elections. If a 2 voter-registration application collected by any third-party 3 voter registration organization is not delivered to the 4 division or supervisor of elections, the individual collecting 5 the voter-registration application, the registered agent, and 6 those individuals responsible for the day-to-day operation of 7 the third-party voter registration organization, including, if 8 applicable, the entity's board of directors, president, vice 9 president, managing partner, or such other individuals engaged 10 in similar duties or functions, shall be personally and 11 jointly and severally liable for the following fines: 12 (a) A fine in the amount of $250 for each application 13 received by the division or the supervisor of elections more 14 than 10 days after the applicant delivered the completed 15 voter-registration application to the third-party voter 16 registration organization or any person, entity, or agent 17 acting on its behalf. 18 (b) A fine in the amount of $500 for each application 19 collected by a third-party voter registration organization or 20 any person, entity, or agent acting on its behalf, prior to 21 book closing for any given election for federal or state 22 office and received by the division or the supervisor of 23 elections after the book closing deadline for such election. 24 (c) A fine in the amount of $5,000 for each 25 application collected by a third-party voter registration 26 organization or any person, entity, or agent acting on its 27 behalf, which is not submitted to the division or supervisor 28 of elections. 29 30 The fines provided in this subsection shall be reduced by 31 three-fourths in cases in which the third-party voter 14 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 registration organization has complied with subsection (1). 2 (4)(a) The division shall adopt by rule a form to 3 elicit specific information concerning the facts and 4 circumstances from a person who claims to have been registered 5 by a third-party voter registration organization but who does 6 not appear as an active voter on the voter-registration rolls. 7 (b) The division may investigate any violation of this 8 section. Civil fines shall be assessed by the division and 9 enforced through any appropriate legal proceedings. 10 (5) The date on which an applicant signs a 11 voter-registration application is presumed to be the date on 12 which the third-party voter registration organization received 13 or collected the voter-registration application. 14 (6) The civil fines provided in this section are in 15 addition to any applicable criminal penalties. 16 (7) Fines collected pursuant to this section shall be 17 annually appropriated by the Legislature to the department for 18 enforcement of this section and for voter education. 19 (8) The division may adopt rules to administer this 20 section. 21 Section 8. Section 97.071, Florida Statutes, is 22 amended to read: 23 97.071 Registration identification card.-- 24 (1) The supervisor must furnish a registration 25 identification card must be furnished to all voters 26 registering under the permanent single registration system and 27 must contain: 28 (a) Voter's registration number. 29 (b) Date of registration. 30 (c) Full name. 31 (d) Party affiliation. 15 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (e) Date of birth. 2 (f) Race or ethnicity, if provided by the applicant. 3 (g) Sex, if provided by the applicant. 4 (h) Address of legal residence. 5 (i) Precinct number. 6 (j) Name of supervisor. 7 (k) Place for voter's signature. 8 (l) Other information deemed necessary by the 9 department. 10 (2) A voter may receive a replacement of a 11 registration identification card by providing a signed, 12 written request for a replacement card to the supervisor. Upon 13 verification of registration, the supervisor shall issue the 14 voter a duplicate card without charge. 15 (3) In the case of a change of name, address, or party 16 affiliation, the supervisor must issue the voter a new 17 registration identification card. However, a registration 18 identification card indicating a party affiliation change made 19 between the book-closing date for the first primary election 20 and the date of the second primary election may not be issued 21 until after the second primary election. 22 Section 9. Subsection (3) of section 98.045, Florida 23 Statutes, is amended to read: 24 98.045 Administration of voter registration.-- 25 (3) Notwithstanding the provisions of s. ss. 98.095 26 and 98.0977, each supervisor shall maintain for at least 2 27 years, and make available for public inspection and copying, 28 all records concerning implementation of registration list 29 maintenance programs and activities conducted pursuant to ss. 30 98.065, 98.075, and 98.0977. The records must include lists of 31 the name and address of each person to whom an address 16 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 confirmation final notice was sent and information as to 2 whether each such person responded to the mailing, but may not 3 include any information that is confidential or exempt from 4 public records requirements under this code. 5 Section 10. Section 98.077, Florida Statutes, is 6 amended to read: 7 98.077 Update of voter signature.--The supervisor of 8 elections shall provide to each registered voter of the county 9 the opportunity to update his or her signature on file at the 10 supervisor's office by providing notification of the ability 11 to do so in any correspondence, other than postcard 12 notifications, sent to the voter. The notice shall advise 13 when, where, and how to update the signature and shall provide 14 the voter information on how to obtain a form from the 15 supervisor that can be returned to update the signature. In 16 addition, at least once during each general election year, the 17 supervisor shall publish in a newspaper of general circulation 18 or other newspaper in the county deemed appropriate by the 19 supervisor a notice specifying when, where, or how a voter can 20 update his or her signature that is on file or how a voter can 21 obtain a form from the supervisor to do so. All signature 22 updates for use in verifying absentee and provisional ballots 23 must be received by the appropriate supervisor of elections no 24 later than the start of the canvassing of absentee ballots by 25 the canvassing board. The signature on file at the start of 26 the canvas of the absentee ballots is the signature that shall 27 be used in verifying the signature on the absentee and 28 provisional ballot certificates. 29 Section 11. Section 99.061, Florida Statutes, is 30 amended to read: 31 99.061 Method of qualifying for nomination or election 17 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 to federal, state, county, or district office.-- 2 (1) The provisions of any special act to the contrary 3 notwithstanding, each person seeking to qualify for nomination 4 or election to a federal, state, or multicounty district 5 office, other than election to a judicial office as defined in 6 chapter 105 or the office of school board member, shall file 7 his or her qualification papers with, and pay the qualifying 8 fee, which shall consist of the filing fee and election 9 assessment, and party assessment, if any has been levied, to, 10 the Department of State, or qualify by the petition process 11 pursuant to s. 99.095 alternative method with the Department 12 of State, at any time after noon of the 1st day for 13 qualifying, which shall be as follows: the 120th day prior to 14 the first primary, but not later than noon of the 116th day 15 prior to the date of the first primary, for persons seeking to 16 qualify for nomination or election to federal office; and noon 17 of the 50th day prior to the first primary, but not later than 18 noon of the 46th day prior to the date of the first primary, 19 for persons seeking to qualify for nomination or election to a 20 state or multicounty district office. 21 (2) The provisions of any special act to the contrary 22 notwithstanding, each person seeking to qualify for nomination 23 or election to a county office, or district or special 24 district office not covered by subsection (1), shall file his 25 or her qualification papers with, and pay the qualifying fee, 26 which shall consist of the filing fee and election assessment, 27 and party assessment, if any has been levied, to, the 28 supervisor of elections of the county, or shall qualify by the 29 petition process pursuant to s. 99.095 alternative method with 30 the supervisor of elections, at any time after noon of the 1st 31 day for qualifying, which shall be the 50th day prior to the 18 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 first primary or special district election, but not later than 2 noon of the 46th day prior to the date of the first primary or 3 special district election. However, if a special district 4 election is held at the same time as the second primary or 5 general election, qualifying shall be the 50th day prior to 6 the first primary, but not later than noon of the 46th day 7 prior to the date of the first primary. Within 30 days after 8 the closing of qualifying time, the supervisor of elections 9 shall remit to the secretary of the state executive committee 10 of the political party to which the candidate belongs the 11 amount of the filing fee, two-thirds of which shall be used to 12 promote the candidacy of candidates for county offices and the 13 candidacy of members of the Legislature. 14 (3)(a) Each person seeking to qualify for election to 15 office as a write-in candidate shall file his or her 16 qualification papers with the respective qualifying officer at 17 any time after noon of the 1st day for qualifying, but not 18 later than noon of the last day of the qualifying period for 19 the office sought. 20 (b) Any person who is seeking election as a write-in 21 candidate shall not be required to pay a filing fee, election 22 assessment, or party assessment. A write-in candidate shall 23 not be entitled to have his or her name printed on any ballot; 24 however, space for the write-in candidate's name to be written 25 in shall be provided on the general election ballot. No 26 person may qualify as a write-in candidate if the person has 27 also otherwise qualified for nomination or election to such 28 office. 29 (4) At the time of qualifying for office, each 30 candidate for a constitutional office shall file a full and 31 public disclosure of financial interests pursuant to s. 8, 19 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Art. II of the State Constitution, and a candidate for any 2 other office, including local elective office, shall file a 3 statement of financial interests pursuant to s. 112.3145. 4 (5) The Department of State shall certify to the 5 supervisor of elections, within 7 days after the closing date 6 for qualifying, the names of all duly qualified candidates for 7 nomination or election who have qualified with the Department 8 of State. 9 (6) Notwithstanding the qualifying period prescribed 10 in this section, if a candidate has submitted the necessary 11 petitions by the required deadline in order to qualify by the 12 petition process pursuant to s. 99.095 alternative method as a 13 candidate for nomination or election and the candidate is 14 notified after the 5th day prior to the last day for 15 qualifying that the required number of signatures has been 16 obtained, the candidate is entitled to subscribe to the 17 candidate's oath and file the qualifying papers at any time 18 within 5 days from the date the candidate is notified that the 19 necessary number of signatures has been obtained. Any 20 candidate who qualifies within the time prescribed in this 21 subsection is entitled to have his or her name printed on the 22 ballot. 23 (7)(a) In order for a candidate to be qualified, the 24 following items must be received by the filing officer by the 25 end of the qualifying period: 26 1. A properly executed check drawn upon the 27 candidate's campaign account in an amount not less than the 28 fee required by s. 99.092 or, in lieu thereof, as applicable, 29 the copy of the notice of obtaining ballot position pursuant 30 to s. 99.095 or the undue burden oath authorized pursuant to 31 s. 99.0955 or s. 99.096. If a candidate's check is returned 20 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 by the bank for any reason, the filing officer shall 2 immediately notify the candidate and the candidate shall, the 3 end of qualifying notwithstanding, have 48 hours from the time 4 such notification is received, excluding Saturdays, Sundays, 5 and legal holidays, to pay the fee with a cashier's check 6 purchased from funds of the campaign account. Failure to pay 7 the fee as provided in this subparagraph shall disqualify the 8 candidate. 9 2. The candidate's oath required by s. 99.021, which 10 must contain the name of the candidate as it is to appear on 11 the ballot; the office sought, including the district or group 12 number if applicable; and the signature of the candidate, duly 13 acknowledged. 14 3. The loyalty oath required by s. 876.05, signed by 15 the candidate and duly acknowledged. 16 4. If the office sought is partisan, the written 17 statement of political party affiliation required by s. 18 99.021(1)(b). 19 5. The completed form for the appointment of campaign 20 treasurer and designation of campaign depository, as required 21 by s. 106.021. 22 6. The full and public disclosure or statement of 23 financial interests required by subsection (4). A public 24 officer who has filed the full and public disclosure or 25 statement of financial interests with the Commission on Ethics 26 or the supervisor of elections prior to qualifying for office 27 may file a copy of that disclosure at the time of qualifying. 28 (b) If the filing officer receives qualifying papers 29 that do not include all items as required by paragraph (a) 30 prior to the last day of qualifying, the filing officer shall 31 make a reasonable effort to notify the candidate of the 21 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 missing or incomplete items and shall inform the candidate 2 that all required items must be received by the close of 3 qualifying. A candidate's name as it is to appear on the 4 ballot may not be changed after the end of qualifying. 5 (8) Notwithstanding the qualifying period prescribed 6 in this section, a qualifying office may accept and hold 7 qualifying papers submitted not earlier than 14 days prior to 8 the beginning of the qualifying period, to be processed and 9 filed during the qualifying period. 10 (9)(8) Notwithstanding the qualifying period 11 prescribed by this section, in each year in which the 12 Legislature apportions the state, the qualifying period for 13 persons seeking to qualify for nomination or election to 14 federal office shall be between noon of the 57th day prior to 15 the first primary, but not later than noon of the 53rd day 16 prior to the first primary. 17 (10)(9) The Department of State may prescribe by rule 18 requirements for filing papers to qualify as a candidate under 19 this section. 20 Section 12. Section 99.063, Florida Statutes, is 21 amended to read: 22 99.063 Candidates for Governor and Lieutenant 23 Governor.-- 24 (1) No later than 5 p.m. of the 9th day following the 25 second primary election, each candidate for Governor shall 26 designate a Lieutenant Governor as a running mate. Such 27 designation must be made in writing to the Department of 28 State. 29 (2) No later than 5 p.m. of the 9th day following the 30 second primary election, each designated candidate for 31 Lieutenant Governor shall file with the Department of State: 22 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (a) The candidate's oath required by s. 99.021, which 2 must contain the name of the candidate as it is to appear on 3 the ballot; the office sought; and the signature of the 4 candidate, duly acknowledged. 5 (b) The loyalty oath required by s. 876.05, signed by 6 the candidate and duly acknowledged. 7 (c) If the office sought is partisan, the written 8 statement of political party affiliation required by s. 9 99.021(1)(b). 10 (d) The full and public disclosure of financial 11 interests pursuant to s. 8, Art. II of the State Constitution. 12 A public officer who has filed the full and public disclosure 13 with the Commission on Ethics prior to qualifying for office 14 may file a copy of that disclosure at the time of qualifying. 15 (3) A designated candidate for Lieutenant Governor is 16 not required to pay a separate qualifying fee or obtain 17 signatures on petitions. Ballot position obtained by the 18 candidate for Governor entitles the designated candidate for 19 Lieutenant Governor, upon receipt by the Department of State 20 of the qualifying papers required by subsection (2), to have 21 his or her name placed on the ballot for the joint candidacy. 22 (4) In order to have the name of the candidate for 23 Lieutenant Governor printed on the first or second primary 24 election ballot, a candidate for Governor participating in the 25 primary must designate the candidate for Lieutenant Governor, 26 and the designated candidate must qualify no later than the 27 end of the qualifying period specified in s. 99.061. If the 28 candidate for Lieutenant Governor has not been designated and 29 has not qualified by the end of the qualifying period 30 specified in s. 99.061, the phrase "Not Yet Designated" must 31 be included in lieu of the candidate's name on primary 23 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 election ballots and on advance absentee ballots for the 2 general election. 3 (5) Failure of the Lieutenant Governor candidate to be 4 designated and qualified by the time specified in subsection 5 (2) shall result in forfeiture of ballot position for the 6 candidate for Governor for the general election. 7 Section 13. Section 99.092, Florida Statutes, is 8 amended to read: 9 99.092 Qualifying fee of candidate; notification of 10 Department of State.-- 11 (1) Each person seeking to qualify for nomination or 12 election to any office, except a person seeking to qualify by 13 the petition process alternative method pursuant to s. 99.095, 14 s. 99.0955, or s. 99.096 and except a person seeking to 15 qualify as a write-in candidate, shall pay a qualifying fee, 16 which shall consist of a filing fee and election assessment, 17 to the officer with whom the person qualifies, and any party 18 assessment levied, and shall attach the original or signed 19 duplicate of the receipt for his or her party assessment or 20 pay the same, in accordance with the provisions of s. 103.121, 21 at the time of filing his or her other qualifying papers. The 22 amount of the filing fee is 3 percent of the annual salary of 23 the office. The amount of the election assessment is 1 24 percent of the annual salary of the office sought. The 25 election assessment shall be deposited into the Elections 26 Commission Trust Fund. The amount of the party assessment is 27 2 percent of the annual salary. The annual salary of the 28 office for purposes of computing the filing fee, election 29 assessment, and party assessment shall be computed by 30 multiplying 12 times the monthly salary, excluding any special 31 qualification pay, authorized for such office as of July 1 24 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 immediately preceding the first day of qualifying. No 2 qualifying fee shall be returned to the candidate unless the 3 candidate withdraws his or her candidacy before the last date 4 to qualify. If a candidate dies prior to an election and has 5 not withdrawn his or her candidacy before the last date to 6 qualify, the candidate's qualifying fee shall be returned to 7 his or her designated beneficiary, and, if the filing fee or 8 any portion thereof has been transferred to the political 9 party of the candidate, the Secretary of State shall direct 10 the party to return that portion to the designated beneficiary 11 of the candidate. 12 (2) The supervisor of elections shall, immediately 13 after the last day for qualifying, submit to the Department of 14 State a list containing the names, party affiliations, and 15 addresses of all candidates and the offices for which they 16 qualified. 17 Section 14. Section 99.095, Florida Statutes, is 18 amended to read: 19 (Substantial rewording of section. See 20 s. 99.095, F.S., for present text.) 21 99.095 Petition process in lieu of a qualifying fee 22 and party assessment.-- 23 (1) A person who seeks to qualify as a candidate for 24 any office and who meets the petition requirements of this 25 section is not required to pay the qualifying fee or party 26 assessment required by this chapter. 27 (2)(a) A candidate shall obtain the number of 28 signatures of voters in the geographical area represented by 29 the office sought equal to at least 1 percent of the total 30 number of registered voters of that geographical area, as 31 shown by the compilation by the department for the last 25 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 preceding general election. Signatures may not be obtained 2 until the candidate has filed the appointment of campaign 3 treasurer and designation of campaign depository pursuant to 4 s. 106.021. 5 (b) The format of the petition shall be prescribed by 6 the division and shall be used by candidates to reproduce 7 petitions for circulation. If the candidate is running for an 8 office that requires a group or district designation, the 9 petition must indicate that designation and if it does not, 10 the signatures are not valid. A separate petition is required 11 for each candidate. 12 (3) Each petition must be submitted before noon of the 13 28th day preceding the first day of the qualifying period for 14 the office sought to the supervisor of elections of the county 15 in which such petition was circulated. Each supervisor shall 16 check the signatures on the petitions to verify their status 17 as voters in the county, district, or other geographical area 18 represented by the office sought. No later than the 7th day 19 before the first day of the qualifying period, the supervisor 20 shall certify the number of valid signatures. 21 (4)(a) Certifications for candidates for federal, 22 state, or multicounty district office shall be submitted to 23 the division. The division shall determine whether the 24 required number of signatures has been obtained and shall 25 notify the candidate. 26 (b) For candidates for county or district office not 27 covered by paragraph (a), the supervisor shall determine 28 whether the required number of signatures has been obtained 29 and shall notify the candidate. 30 (5) If the required number of signatures has been 31 obtained, the candidate is eligible to qualify pursuant to s. 26 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 99.061. 2 Section 15. Section 99.0955, Florida Statutes, is 3 amended to read: 4 99.0955 Candidates with no party affiliation; name on 5 general election ballot.-- 6 (1) Each person seeking to qualify for election as a 7 candidate with no party affiliation shall file his or her 8 qualifying qualification papers and pay the qualifying fee or 9 qualify by the petition process pursuant to s. 99.095 10 alternative method prescribed in subsection (3) with the 11 officer and during the times and under the circumstances 12 prescribed in s. 99.061. Upon qualifying, the candidate is 13 entitled to have his or her name placed on the general 14 election ballot. 15 (2) The qualifying fee for candidates with no party 16 affiliation shall consist of a filing fee and an election 17 assessment as prescribed in s. 99.092. The amount of the 18 filing fee is 3 percent of the annual salary of the office 19 sought. The amount of the election assessment is 1 percent of 20 the annual salary of the office sought. The election 21 assessment shall be deposited into the Elections Commission 22 Trust Fund. Filing fees paid to the Department of State shall 23 be deposited into the General Revenue Fund of the state. 24 Filing fees paid to the supervisor of elections shall be 25 deposited into the general revenue fund of the county. 26 (3)(a) A candidate with no party affiliation may, in 27 lieu of paying the qualifying fee, qualify for office by the 28 alternative method prescribed in this subsection. A candidate 29 using this petitioning process shall file an oath with the 30 officer before whom the candidate would qualify for the office 31 stating that he or she intends to qualify by this alternative 27 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 method. If the person is running for an office that requires 2 a group or district designation, the candidate must indicate 3 the designation in his or her oath. The oath shall be filed 4 at any time after the first Tuesday after the first Monday in 5 January of the year in which the election is held, but before 6 the 21st day preceding the first day of the qualifying period 7 for the office sought. The Department of State shall 8 prescribe the form to be used in administering and filing the 9 oath. Signatures may not be obtained by a candidate on any 10 petition until the candidate has filed the oath required in 11 this subsection. Upon receipt of the written oath from a 12 candidate, the qualifying officer shall provide the candidate 13 with petition forms in sufficient numbers to facilitate the 14 gathering of signatures. If the candidate is running for an 15 office that requires a group or district designation, the 16 petition must indicate that designation or the signatures 17 obtained on the petition will not be counted. 18 (b) A candidate shall obtain the signatures of a 19 number of qualified electors in the geographical entity 20 represented by the office sought equal to 1 percent of the 21 registered electors of the geographical entity represented by 22 the office sought, as shown by the compilation by the 23 Department of State for the preceding general election. 24 (c) Each petition must be submitted before noon of the 25 21st day preceding the first day of the qualifying period for 26 the office sought, to the supervisor of elections of the 27 county for which such petition was circulated. Each supervisor 28 to whom a petition is submitted shall check the signatures on 29 the petition to verify their status as electors in the county, 30 district, or other geographical entity represented by the 31 office sought. Before the first day for qualifying, the 28 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 supervisor shall certify the number shown as registered 2 electors. 3 (d)1. Certifications for candidates for federal, 4 state, or multicounty district office shall be submitted to 5 the Department of State. The Department of State shall 6 determine whether the required number of signatures has been 7 obtained for the name of the candidate to be placed on the 8 ballot and shall notify the candidate. 9 2. For candidates for county or district office not 10 covered by subparagraph 1., the supervisor of elections shall 11 determine whether the required number of signatures has been 12 obtained for the name of the candidate to be placed on the 13 ballot and shall notify the candidate. 14 (e) If the required number of signatures has been 15 obtained, the candidate shall, during the time prescribed for 16 qualifying for office, submit a copy of the notice received 17 under paragraph (d) and file his or her qualifying papers and 18 the oath prescribed by s. 99.021 with the qualifying officer. 19 Section 16. Section 99.096, Florida Statutes, is 20 amended to read: 21 99.096 Minor political party candidates; names on 22 ballot.-- 23 (1) The executive committee of a minor political party 24 shall, No later than noon of the third day prior to the first 25 day of the qualifying period prescribed for federal 26 candidates, the executive committee of a minor political party 27 shall submit to the Department of State a list of federal 28 candidates nominated by the party to be on the general 29 election ballot. and No later than noon of the third day prior 30 to the first day of the qualifying period for state 31 candidates, the executive committee of a minor political party 29 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 shall submit to the filing officer for each of the candidates 2 submit to the Department of State the official list of the 3 state, multicounty, and county respective candidates nominated 4 by that party to be on the ballot in the general election. The 5 Department of State shall notify the appropriate supervisors 6 of elections of the name of each minor party candidate 7 eligible to qualify before such supervisor. The official list 8 of nominated candidates may not be changed by the party after 9 having been filed with the filing officers Department of 10 State, except that candidates who have qualified may withdraw 11 from the ballot pursuant to the provisions of this code, and 12 vacancies in nominations may be filled pursuant to s. 100.111. 13 (2) Each person seeking to qualify for election as a 14 candidate of a minor political party shall file his or her 15 qualifying qualification papers with, and pay the qualifying 16 fee and, if one has been levied, the party assessment, or 17 qualify by the petition process pursuant to s. 99.095 18 alternative method prescribed in subsection (3), with the 19 officer and at the times and under the circumstances provided 20 in s. 99.061. 21 (3)(a) A minor party candidate may, in lieu of paying 22 the qualifying fee and party assessment, qualify for office by 23 the alternative method prescribed in this subsection. A 24 candidate using this petitioning process shall file an oath 25 with the officer before whom the candidate would qualify for 26 the office stating that he or she intends to qualify by this 27 alternative method. If the person is running for an office 28 that requires a group or district designation, the candidate 29 must indicate the designation in his or her oath. The oath 30 must be filed at any time after the first Tuesday after the 31 first Monday in January of the year in which the election is 30 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 held, but before the 21st day preceding the first day of the 2 qualifying period for the office sought. The Department of 3 State shall prescribe the form to be used in administering and 4 filing the oath. Signatures may not be obtained by a 5 candidate on any petition until the candidate has filed the 6 oath required in this section. Upon receipt of the written 7 oath from a candidate, the qualifying officer shall provide 8 the candidate with petition forms in sufficient numbers to 9 facilitate the gathering of signatures. If the candidate is 10 running for an office that requires a group or district 11 designation, the petition must indicate that designation or 12 the signatures on such petition will not be counted. 13 (b) A candidate shall obtain the signatures of a 14 number of qualified electors in the geographical entity 15 represented by the office sought equal to 1 percent of the 16 registered electors in the geographical entity represented by 17 the office sought, as shown by the compilation by the 18 Department of State for the last preceding general election. 19 (c) Each petition shall be submitted prior to noon of 20 the 21st day preceding the first day of the qualifying period 21 for the office sought to the supervisor of elections of the 22 county for which the petition was circulated. Each supervisor 23 to whom a petition is submitted shall check the signatures on 24 the petition to verify their status as electors in the county, 25 district, or other geographical entity represented by the 26 office sought. Before the first day for qualifying, the 27 supervisor shall certify the number shown as registered 28 electors. 29 (d)1. Certifications for candidates for federal, 30 state, or multicounty district office shall be submitted to 31 the Department of State. The Department of State shall 31 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 determine whether the required number of signatures has been 2 obtained for the name of the candidate to be placed on the 3 ballot and shall notify the candidate. 4 2. For candidates for county or district office not 5 covered by subparagraph 1., the supervisor of elections shall 6 determine whether the required number of signatures has been 7 obtained for the name of the candidate to be placed on the 8 ballot and shall notify the candidate. 9 (e) If the required number of signatures has been 10 obtained, the candidate shall, during the prescribed time for 11 qualifying for office, submit a copy of the notice received 12 under paragraph (d) and file his or her qualifying papers and 13 the oath prescribed by s. 99.021 with the qualifying officer. 14 (4) A minor party candidate whose name has been 15 submitted pursuant to subsection (1) and who has qualified for 16 office is entitled to have his or her name placed on the 17 general election ballot. 18 Section 17. Subsection (1) of section 99.09651, 19 Florida Statutes, is amended to read: 20 99.09651 Signature requirements for ballot position in 21 year of apportionment.-- 22 (1) In a year of apportionment, any candidate for 23 representative to Congress, state Senate, or state House of 24 Representatives seeking ballot position by the petition 25 process alternative method prescribed in s. 99.095, s. 26 99.0955, or s. 99.096 shall obtain at least the number of 27 signatures equal to one-third of 1 percent of the ideal 28 population for the district of the office being sought. 29 Section 18. Subsection (1) of section 100.011, Florida 30 Statutes, is amended to read: 31 100.011 Opening and closing of polls, all elections; 32 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 expenses.-- 2 (1) The polls shall be open at the voting places at 3 7:00 a.m., on the day of the election, and shall be kept open 4 until 7:00 p.m., of the same day, and the time shall be 5 regulated by the customary time in standard use in the county 6 seat of the locality. The inspectors shall make public 7 proclamation of the opening and closing of the polls. During 8 the election and canvass of the votes, the ballot box shall 9 not be concealed. Any elector who is in line at the time of 10 the official closing of the polls shall be allowed to cast a 11 vote in the election. 12 Section 19. Section 100.101, Florida Statutes, is 13 amended to read: 14 100.101 Special elections and special primary 15 elections.--Except as provided in s. 100.111(2), a special 16 election or special primary election shall be held in the 17 following cases: 18 (1) If no person has been elected at a general 19 election to fill an office which was required to be filled by 20 election at such general election. 21 (2) If a vacancy occurs in the office of state senator 22 or member of the state house of representatives. 23 (3) If it is necessary to elect presidential electors, 24 by reason of the offices of President and Vice President both 25 having become vacant. 26 (4) If a vacancy occurs in the office of member from 27 Florida of the House of Representatives of Congress. 28 (5) If a vacancy occurs in nomination. 29 Section 20. Section 100.111, Florida Statutes, is 30 amended to read: 31 100.111 Filling vacancy.-- 33 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (1)(a) If any vacancy occurs in any office which is 2 required to be filled pursuant to s. 1(f), Art. IV of the 3 State Constitution and the remainder of the term of such 4 office is 28 months or longer, then at the next general 5 election a person shall be elected to fill the unexpired 6 portion of such term, commencing on the first Tuesday after 7 the first Monday following such general election. 8 (b) If such a vacancy occurs prior to the first day 9 set by law for qualifying for election to office at such 10 general election, any person seeking nomination or election to 11 the unexpired portion of the term shall qualify within the 12 time prescribed by law for qualifying for other offices to be 13 filled by election at such general election. 14 (c) If such a vacancy occurs prior to the first 15 primary but on or after the first day set by law for 16 qualifying, the Secretary of State shall set dates for 17 qualifying for the unexpired portion of the term of such 18 office. Any person seeking nomination or election to the 19 unexpired portion of the term shall qualify within the time 20 set by the Secretary of State. If time does not permit party 21 nominations to be made in conjunction with the first and 22 second primary elections, the Governor may call a special 23 primary election, and, if necessary, a second special primary 24 election, to select party nominees for the unexpired portion 25 of such term. 26 (2)(a) If, in any state or county office required to 27 be filled by election, a vacancy occurs during an election 28 year by reason of the incumbent having qualified as a 29 candidate for federal office pursuant to s. 99.061, no special 30 election is required. Any person seeking nomination or 31 election to the office so vacated shall qualify within the 34 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 time prescribed by s. 99.061 for qualifying for state or 2 county offices to be filled by election. 3 (b) If such a vacancy occurs in an election year other 4 than the one immediately preceding expiration of the present 5 term, the Secretary of State shall notify the supervisor of 6 elections in each county served by the office that a vacancy 7 has been created. Such notice shall be provided to the 8 supervisor of elections not later than the close of the first 9 day set for qualifying for state or county office. The 10 supervisor shall provide public notice of the vacancy in any 11 manner the Secretary of State deems appropriate. 12 (3) Whenever there is a vacancy for which a special 13 election is required pursuant to s. 100.101 s. 100.101(1)-(4), 14 the Governor, after consultation with the Secretary of State, 15 shall fix the date of a special first primary election, a 16 special second primary election, and a special election. 17 Nominees of political parties other than minor political 18 parties shall be chosen under the primary laws of this state 19 in the special primary elections to become candidates in the 20 special election. Prior to setting the special election 21 dates, the Governor shall consider any upcoming elections in 22 the jurisdiction where the special election will be held. The 23 dates fixed by the Governor shall be specific days certain and 24 shall not be established by the happening of a condition or 25 stated in the alternative. The dates fixed shall provide a 26 minimum of 2 weeks between each election. In the event a 27 vacancy occurs in the office of state senator or member of the 28 House of Representatives when the Legislature is in regular 29 legislative session, the minimum times prescribed by this 30 subsection may be waived upon concurrence of the Governor, the 31 Speaker of the House of Representatives, and the President of 35 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the Senate. If a vacancy occurs in the office of state 2 senator and no session of the Legislature is scheduled to be 3 held prior to the next general election, the Governor may fix 4 the dates for any special primary and for the special election 5 to coincide with the dates of the first and second primary and 6 general election. If a vacancy in office occurs in any 7 district in the state Senate or House of Representatives or in 8 any congressional district, and no session of the Legislature, 9 or session of Congress if the vacancy is in a congressional 10 district, is scheduled to be held during the unexpired portion 11 of the term, the Governor is not required to call a special 12 election to fill such vacancy. 13 (a) The dates for candidates to qualify in such 14 special election or special primary election shall be fixed by 15 the Department of State, and candidates shall qualify not 16 later than noon of the last day so fixed. The dates fixed for 17 qualifying shall allow a minimum of 14 days between the last 18 day of qualifying and the special first primary election. 19 (b) The filing of campaign expense statements by 20 candidates in such special elections or special primaries and 21 by committees making contributions or expenditures to 22 influence the results of such special primaries or special 23 elections shall be not later than such dates as shall be fixed 24 by the Department of State, and in fixing such dates the 25 Department of State shall take into consideration and be 26 governed by the practical time limitations. 27 (c) The dates for a candidate to qualify by the 28 petition process pursuant to s. 99.095 alternative method in 29 such special primary or special election shall be fixed by the 30 Department of State. In fixing such dates the Department of 31 State shall take into consideration and be governed by the 36 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 practical time limitations. Any candidate seeking to qualify 2 by the petition process alternative method in a special 3 primary election shall obtain 25 percent of the signatures 4 required by s. 99.095, s. 99.0955, or s. 99.096, as 5 applicable. 6 (d) The qualifying fees and party assessments of such 7 candidates as may qualify shall be the same as collected for 8 the same office at the last previous primary for that office. 9 The party assessment shall be paid to the appropriate 10 executive committee of the political party to which the 11 candidate belongs. 12 (e) Each county canvassing board shall make as speedy 13 a return of the result of such special elections and primaries 14 as time will permit, and the Elections Canvassing Commission 15 likewise shall make as speedy a canvass and declaration of the 16 nominees as time will permit. 17 (4)(a) In the event that death, resignation, 18 withdrawal, removal, or any other cause or event should cause 19 a party to have a vacancy in nomination which leaves no 20 candidate for an office from such party, the Governor shall, 21 after conferring with the Secretary of State, call a special 22 primary election and, if necessary, a second special primary 23 election to select for such office a nominee of such political 24 party. The dates on which candidates may qualify for such 25 special primary election shall be fixed by the Department of 26 State, and the candidates shall qualify no later than noon of 27 the last day so fixed. The filing of campaign expense 28 statements by candidates in special primaries shall not be 29 later than such dates as shall be fixed by the Department of 30 State. In fixing such dates, the Department of State shall 31 take into consideration and be governed by the practical time 37 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 limitations. The qualifying fees and party assessment of such 2 candidates as may qualify shall be the same as collected for 3 the same office at the last previous primary for that office. 4 Each county canvassing board shall make as speedy a return of 5 the results of such primaries as time will permit, and the 6 Elections Canvassing Commission shall likewise make as speedy 7 a canvass and declaration of the nominees as time will permit. 8 (b) If the vacancy in nomination occurs later than 9 September 15, or if the vacancy in nomination occurs with 10 respect to a candidate of a minor political party which has 11 obtained a position on the ballot, no special primary election 12 shall be held and the Department of State shall notify the 13 chair of the appropriate state, district, or county political 14 party executive committee of such party; and, within 5 7 days, 15 the chair shall call a meeting of his or her executive 16 committee to consider designation of a nominee to fill the 17 vacancy. The name of any person so designated shall be 18 submitted to the Department of State within 7 14 days after of 19 notice to the chair in order that the person designated may 20 have his or her name printed or otherwise placed on the ballot 21 of the ensuing general election, but in no event shall the 22 supervisor of elections be required to place on a ballot a 23 name submitted less than 21 days prior to the election. If the 24 name of the new nominee is submitted after the certification 25 of results of the preceding primary election, however, the 26 ballots shall not be changed and vacancy occurs less than 21 27 days prior to the election, the person designated by the 28 political party will replace the former party nominee even 29 though the former party nominee's name will appear be on the 30 ballot. Any ballots cast for the former party nominee will be 31 counted for the person designated by the political party to 38 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 replace the former party nominee. If there is no opposition to 2 the party nominee, the person designated by the political 3 party to replace the former party nominee will be elected to 4 office at the general election. For purposes of this 5 paragraph, the term "district political party executive 6 committee" means the members of the state executive committee 7 of a political party from those counties comprising the area 8 involving a district office. 9 (b)(c) When, under the circumstances set forth in the 10 preceding paragraph, vacancies in nomination are required to 11 be filled by committee nominations, such vacancies shall be 12 filled by party rule. In any instance in which a nominee is 13 selected by a committee to fill a vacancy in nomination, such 14 nominee shall pay the same filing fee and take the same oath 15 as the nominee would have taken had he or she regularly 16 qualified for election to such office. 17 (c)(d) Any person who, at the close of qualifying as 18 prescribed in ss. 99.061 and 105.031, was qualified for 19 nomination or election to or retention in a public office to 20 be filled at the ensuing general election is prohibited from 21 qualifying as a candidate to fill a vacancy in nomination for 22 any other office to be filled at that general election, even 23 if such person has withdrawn or been eliminated as a candidate 24 for the original office sought. However, this paragraph does 25 not apply to a candidate for the office of Lieutenant Governor 26 who applies to fill a vacancy in nomination for the office of 27 Governor on the same ticket or to a person who has withdrawn 28 or been eliminated as a candidate and who is subsequently 29 designated as a candidate for Lieutenant Governor under s. 30 99.063. 31 (5) In the event of unforeseeable circumstances not 39 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 contemplated in these general election laws concerning the 2 calling and holding of special primary elections and special 3 elections resulting from court order or other unpredictable 4 circumstances, the Department of State shall have the 5 authority to provide for the conduct of orderly elections. 6 (6) In the event that a vacancy occurs which leaves 7 less than 4 weeks for a candidate seeking to qualify by the 8 alternative method to gather signatures for ballot position, 9 the number of signatures required for ballot placement shall 10 be 25 percent of the number of signatures required by s. 11 99.095, s. 99.0955, or s. 99.096, whichever is applicable. 12 Section 21. Section 100.141, Florida Statutes, is 13 amended to read: 14 100.141 Notice of special election to fill any vacancy 15 in office or nomination.-- 16 (1) Whenever a special election is required to fill 17 any vacancy in office or nomination, the Governor, after 18 consultation with the Secretary of State, shall issue an order 19 declaring on what day the election shall be held and deliver 20 the order to the Department of State. 21 (2) The Department of State shall prepare a notice 22 stating what offices and vacancies are to be filled in the 23 special election, the date set for each special primary 24 election and the special election, the dates fixed for 25 qualifying for office, the dates fixed for qualifying by the 26 petition process pursuant to s. 99.095 alternative method, and 27 the dates fixed for filing campaign expense statements. 28 (3) The department shall deliver a copy of such notice 29 to the supervisor of elections of each county in which the 30 special election is to be held. The supervisor shall have the 31 notice published two times in a newspaper of general 40 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 circulation in the county at least 10 days prior to the first 2 day set for qualifying for office. If such a newspaper is not 3 published within the period set forth, the supervisor shall 4 post at least five copies of the notice in conspicuous places 5 in the county not less than 10 days prior to the first date 6 set for qualifying. 7 Section 22. Subsection (2) of section 101.031, Florida 8 Statutes, is amended to read: 9 101.031 Instructions for electors.-- 10 (2) The supervisor of elections in each county shall 11 have posted at each polling place in the county the Voter's 12 Bill of Rights and Responsibilities in the following form: 13 14 VOTER'S BILL OF RIGHTS 15 16 Each registered voter in this state has the right to: 17 1. Vote and have his or her vote accurately counted. 18 2. Cast a vote if he or she is in line at the official 19 closing of the polls in that county. 20 3. Ask for and receive assistance in voting. 21 4. Receive up to two replacement ballots if he or she 22 makes a mistake prior to the ballot being cast. 23 5. An explanation if his or her registration or 24 identity is in question. 25 6. If his or her registration or identity is in 26 question, cast a provisional ballot. 27 7. Prove his or her identity by signing an affidavit 28 if election officials doubt the voter's identity. 29 7.8. Written instructions to use when voting, and, 30 upon request, oral instructions in voting from elections 31 officers. 41 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 8.9. Vote free from coercion or intimidation by 2 elections officers or any other person. 3 9.10. Vote on a voting system that is in working 4 condition and that will allow votes to be accurately cast. 5 6 VOTER RESPONSIBILITIES 7 8 Each registered voter in this state should: 9 1. Familiarize himself or herself with the candidates 10 and issues. 11 2. Maintain with the office of the supervisor of 12 elections a current address. 13 3. Know the location of his or her polling place and 14 its hours of operation. 15 4. Bring proper identification to the polling station. 16 5. Familiarize himself or herself with the operation 17 of the voting equipment in his or her precinct. 18 6. Treat precinct workers with courtesy. 19 7. Respect the privacy of other voters. 20 8. Report any problems or violations of election laws 21 to the supervisor of elections. 22 9. Ask questions, if needed. 23 10. Make sure that his or her completed ballot is 24 correct before leaving the polling station. 25 26 NOTE TO VOTER: Failure to perform any of these 27 responsibilities does not prohibit a voter from voting. 28 Section 23. Section 101.043, Florida Statutes, is 29 amended to read: 30 101.043 Identification required at polls.-- 31 (1) The precinct register, as prescribed in s. 98.461, 42 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 shall be used at the polls in lieu of the registration books 2 for the purpose of identifying the elector at the polls prior 3 to allowing him or her to vote. The clerk or inspector shall 4 require each elector, upon entering the polling place, to 5 present a current and valid picture identification as provided 6 in s. 97.0535(3)(a). If the picture identification does not 7 contain the signature of the voter, an additional 8 identification that provides the voter's signature shall be 9 required. The elector shall sign his or her name in the space 10 provided, and the clerk or inspector shall compare the 11 signature with that on the identification provided by the 12 elector and enter his or her initials in the space provided 13 and allow the elector to vote if the clerk or inspector is 14 satisfied as to the identity of the elector. 15 (2) Except as provided in subsection (3), if the 16 elector fails to furnish the required identification, or if 17 the clerk or inspector is in doubt as to the identity of the 18 elector, such clerk or inspector shall follow the procedure 19 prescribed in s. 101.49. 20 (2)(3) If the elector who fails to furnish the 21 required identification is a first-time voter who registered 22 by mail and has not provided the required identification to 23 the supervisor of elections prior to election day, the elector 24 shall be allowed to vote a provisional ballot. The canvassing 25 board shall determine the validity of the ballot pursuant to 26 s. 101.048(2). 27 Section 24. Section 101.048, Florida Statutes, is 28 amended to read: 29 101.048 Provisional ballots.-- 30 (1) At all elections, a voter claiming to be properly 31 registered in the county and eligible to vote at the precinct 43 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 in the election, but whose eligibility cannot be determined, a 2 person whom an election official asserts is not eligible, and 3 other persons specified in the code shall be entitled to vote 4 a provisional ballot. Once voted, the provisional ballot shall 5 be placed in a secrecy envelope and thereafter sealed in a 6 provisional ballot envelope. The provisional ballot shall be 7 deposited in a ballot box. All provisional ballots shall 8 remain sealed in their envelopes for return to the supervisor 9 of elections. The department shall prescribe the form of the 10 provisional ballot envelope. A person casting a provisional 11 ballot shall have the right to present written evidence 12 supporting his or her eligibility to vote to the supervisor of 13 elections by not later that 5 p.m. on the third day following 14 the election. 15 (2)(a) The county canvassing board shall examine each 16 Provisional Ballot Voter's Certificate and Affirmation 17 envelope to determine if the person voting that ballot was 18 entitled to vote at the precinct where the person cast a vote 19 in the election and that the person had not already cast a 20 ballot in the election. In determining whether a person 21 casting a provisional ballot is entitled to vote, the county 22 canvassing board shall review the information provided in the 23 Voter's Certificate and Affirmation, written evidence provided 24 by the person pursuant to subsection (1), any other evidence 25 presented by the supervisor of elections, and, in the case of 26 a challenge, any evidence presented by the challenger. A 27 ballot of a person casting a provisional ballot shall be 28 counted unless the canvassing board determines by a 29 preponderance of the evidence that the person was not entitled 30 to vote. 31 (b)1. If it is determined that the person was 44 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 registered and entitled to vote at the precinct where the 2 person cast a vote in the election, the canvassing board shall 3 compare the signature on the Provisional Ballot Voter's 4 Certificate and Affirmation envelope with the signature on the 5 voter's registration and, if it matches, shall count the 6 ballot. 7 2. If it is determined that the person voting the 8 provisional ballot was not registered or entitled to vote at 9 the precinct where the person cast a vote in the election, the 10 provisional ballot shall not be counted and the ballot shall 11 remain in the envelope containing the Provisional Ballot 12 Voter's Certificate and Affirmation and the envelope shall be 13 marked "Rejected as Illegal." 14 (3) The Provisional Ballot Voter's Certificate and 15 Affirmation shall be in substantially the following form: 16 17 STATE OF FLORIDA 18 COUNTY OF .... 19 20 I do solemnly swear (or affirm) that my name is ....; 21 that my date of birth is ....; that I am registered and 22 qualified to vote and at the time I registered I resided at 23 ...., in the municipality of ...., in .... County, Florida; 24 that I am registered in the .... Party; that I am a qualified 25 voter of the county; and that I have not voted in this 26 election. I understand that if I commit any fraud in 27 connection with voting, vote a fraudulent ballot, or vote more 28 than once in an election, I can be convicted of a felony of 29 the third degree and fined up to $5,000 and/or imprisoned for 30 up to 5 years. 31 ...(Signature of Voter)... 45 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 ...(Current Residence Address)... 2 ...(Current Mailing Address)... 3 ...(City, State, Zip Code)... 4 ...(Driver's License Number or Last Four Digits of Social 5 Security Number)... 6 7 Sworn to and subscribed before me this .... day of ........, 8 ...(year).... 9 ...(Election Official)... 10 11 Precinct # .... Ballot Style/Party Issued: .... 12 13 (4) Notwithstanding the requirements of subsections 14 (1), (2), and (3) In counties where the voting system does not 15 utilize a paper ballot, the supervisor of elections may, and 16 for persons with disabilities shall, provide the appropriate 17 provisional ballot to the voter by electronic means that meet 18 the requirements of s. 101.56062, as provided for by the 19 certified voting system. Each person casting a provisional 20 ballot by electronic means shall, prior to casting his or her 21 ballot, complete the Provisional Ballot Voter's Certificate 22 and Affirmation as provided in subsection (3). 23 (5) Each person casting a provisional ballot shall be 24 given written instructions regarding the person's right to 25 provide the supervisor of elections with written evidence of 26 his or her eligibility to vote and regarding the free access 27 system established pursuant to subsection (6). The 28 instructions shall contain information on how to access the 29 system and the information the voter will need to provide to 30 obtain information on his or her particular ballot. The 31 instructions shall also include the following statement: "If 46 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 this is a primary election, you should contact the supervisor 2 of elections' office immediately to confirm that you are 3 registered and can vote in the general election." 4 (6) Each supervisor of elections shall establish a 5 free access system that allows each person who casts a 6 provisional ballot to determine whether his or her provisional 7 ballot was counted in the final canvass of votes and, if not, 8 the reasons why. Information regarding provisional ballots 9 shall be available no later than 30 days following the 10 election. The system established must restrict information 11 regarding an individual ballot to the person who cast the 12 ballot. 13 Section 25. Section 101.049, Florida Statutes, is 14 amended to read: 15 101.049 Provisional ballots; special circumstances.-- 16 (1) Any person who votes in an election after the 17 regular poll-closing time pursuant to a court or other order 18 extending the statutory polling hours must vote a provisional 19 ballot. Once voted, the provisional ballot shall be placed in 20 a secrecy envelope and thereafter sealed in a provisional 21 ballot envelope. The election official witnessing the voter's 22 subscription and affirmation on the Provisional Ballot Voter's 23 Certificate shall indicate whether or not the voter met all 24 requirements to vote a regular ballot at the polls. All such 25 provisional ballots shall remain sealed in their envelopes and 26 be transmitted to the supervisor of elections. 27 (2) Separate and apart from all other ballots, the 28 county canvassing board shall count all late-voted provisional 29 ballots that the canvassing board determines to be valid. 30 (3) The supervisor shall ensure that late-voted 31 provisional ballots are not commingled with other ballots 47 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 during the canvassing process or at any other time they are 2 statutorily required to be in the supervisor's possession. 3 (4) This section shall not apply to voters in line at 4 the poll-closing time provided in s. 100.011 who cast their 5 ballots subsequent to that time. 6 (5) As an alternative, provisional ballots cast 7 pursuant to this section may, and for persons with 8 disabilities shall, be cast in accordance with the provisions 9 of s. 101.048(4). 10 Section 26. Effective July 1, 2005, section 101.051, 11 Florida Statutes, as amended by section 10 of chapter 12 2002-281, Laws of Florida, is amended to read: 13 101.051 Electors seeking assistance in casting 14 ballots; oath to be executed; forms to be furnished.-- 15 (1) Any elector applying to vote in any election who 16 requires assistance to vote by reason of blindness, 17 disability, or inability to read or write may request the 18 assistance of two election officials or some other person of 19 the elector's own choice, other than the elector's employer, 20 an agent of the employer, or an officer or agent of his or her 21 union, to assist the elector in casting his or her vote. Any 22 such elector, before retiring to the voting booth, may have 23 one of such persons read over to him or her, without 24 suggestion or interference, the titles of the offices to be 25 filled and the candidates therefor and the issues on the 26 ballot. After the elector requests the aid of the two election 27 officials or the person of the elector's choice, they shall 28 retire to the voting booth for the purpose of casting the 29 elector's vote according to the elector's choice. 30 (2) It is unlawful for any person to be in the voting 31 booth with any elector except as provided in subsection (1). A 48 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 person at a polling place or early voting site, or within 100 2 feet of the entrance of a polling place or early voting site, 3 may not solicit any elector in an effort to provide assistance 4 to vote pursuant to subsection (1). Any person who violates 5 this subsection commits a misdemeanor of the first degree, 6 punishable as provided in s. 775.082 or s. 775.083. 7 (3) Any elector applying to cast an absentee ballot in 8 the office of the supervisor, in any election, who requires 9 assistance to vote by reason of blindness, disability, or 10 inability to read or write may request the assistance of some 11 person of his or her own choice, other than the elector's 12 employer, an agent of the employer, or an officer or agent of 13 his or her union, in casting his or her absentee ballot. 14 (4) If an elector needs assistance in voting pursuant 15 to the provisions of this section, the clerk or one of the 16 inspectors shall require the elector requesting assistance in 17 voting to take the following oath: 18 19 DECLARATION TO SECURE ASSISTANCE 20 21 State of Florida 22 County of .... 23 Date .... 24 Precinct .... 25 I, ...(Print name)..., swear or affirm that I am a 26 registered elector and request assistance from ...(Print 27 names)... in voting at the ...(name of election)... held on 28 ...(date of election).... ...(Signature of assistor).... 29 Sworn and subscribed to before me this .... day of ...., 30 ...(year).... 31 ...(Signature of Official Administering Oath)... 49 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) If an elector needing assistance requests that a 2 person other than an election official provide him or her with 3 assistance in voting, the clerk or one of the inspectors shall 4 require the person providing assistance to take the following 5 oath: 6 7 DECLARATION TO PROVIDE ASSISTANCE 8 9 State of Florida 10 County of .... 11 Date .... 12 Precinct .... 13 I, ...(Print name)..., have been requested by ...(print 14 name of elector needing assistance)... to provide him or her 15 with assistance to vote. I swear or affirm that I am not the 16 employer, an agent of the employer, or an officer or agent of 17 the union of the voter and that I have not solicited this 18 voter at the polling place or early voting site or within 100 19 feet of such locations in an effort to provide 20 assistance....(Signature of assistor)... 21 Sworn and subscribed to before me this .... day of ...., 22 ...(year).... 23 ...(Signature of Official Administering Oath)... 24 (6)(5) The supervisor of elections shall deliver a 25 sufficient number of these forms to each precinct, along with 26 other election paraphernalia. 27 Section 27. Section 101.111, Florida Statutes, is 28 amended to read: 29 101.111 Person desiring to vote may be challenged; 30 challenger to execute oath; oath of person challenged; 31 determination of challenge.-- 50 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (1) When the right to vote of any person who desires 2 to vote is challenged by any elector or poll watcher, the 3 challenge shall be reduced to writing with an oath as provided 4 in this section, giving reasons for the challenge, which shall 5 be delivered to the clerk or inspector. Any elector or poll 6 watcher challenging the right of a person to vote shall 7 execute the oath set forth below: 8 9 OATH OF PERSON ENTERING CHALLENGE 10 11 State of Florida 12 County of .... 13 14 I do solemnly swear that my name is ....; that I am a member 15 of the .... party; that I am a registered voter or pollwatcher 16 .... years old; that my residence address is ...., in the 17 municipality of ....; and that I have reason to believe that 18 .... is attempting to vote illegally and the reasons for my 19 belief are set forth herein to wit: .......................... 20 .............................................................. 21 .............................................................. 22 ...(Signature of person challenging voter)... 23 24 Sworn and subscribed to before me this .... day of ...., 25 ...(year).... 26 ...(Clerk of election)... 27 28 (2) Before a person who is challenged is permitted to 29 vote, the challenged person's right to vote shall be 30 determined in accordance with the provisions of subsection 31 (3). The clerk or inspector shall immediately deliver to the 51 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 challenged person a copy of the oath of the person entering 2 the challenge and the challenged voter shall be allowed to 3 cast a provisional ballot. shall request the challenged person 4 to execute the following oath: 5 6 OATH OF PERSON CHALLENGED 7 8 State of Florida 9 County of .... 10 11 I do solemnly swear that my name is ....; that I am a member 12 of the .... party; that my date of birth is ....; that my 13 residence address is ...., in the municipality of ...., in 14 this the .... precinct of .... county; that I personally made 15 application for registration and signed my name and that I am 16 a qualified voter in this election. 17 ...(Signature of person)... 18 19 Sworn and subscribed to before me this .... day of ...., 20 ...(year).... 21 ...(Clerk of election or Inspector)... 22 23 Any inspector or clerk of election may administer the oath. 24 (3) Any elector or poll watcher may challenge the 25 right of any voter to vote not sooner than 30 days before an 26 election by filing a completed copy of the oath contained in 27 subsection (1) to the supervisor of election's office. The 28 challenged voter shall be permitted to cast a provisional 29 ballot. 30 (4) Any elector or poll watcher filing a frivolous 31 challenge of any person's right to vote commits a misdemeanor 52 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 of the first degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084; however, electors or poll watchers 3 shall not be subject to liability for any action taken in good 4 faith and in furtherance of any activity or duty permitted of 5 such electors or poll watchers by law. Each instance where any 6 elector or poll watcher files a frivolous challenge of any 7 person's right to vote constitutes a separate offense. 8 (a) The clerk and inspectors shall compare the 9 information in the challenged person's oath with that entered 10 on the precinct register and shall take any other evidence 11 that may be offered. The clerk and inspectors shall then 12 decide by a majority vote whether the challenged person may 13 vote a regular ballot. 14 (b) If the challenged person refuses to complete the 15 oath or if a majority of the clerk and inspectors doubt the 16 eligibility of the person to vote, the challenged person shall 17 be allowed to vote a provisional ballot. The oath of the 18 person entering the challenge and the oath of the person 19 challenged shall be attached to the provisional ballot for 20 transmittal to the canvassing board. 21 Section 28. Section 101.131, Florida Statutes, is 22 amended to read: 23 101.131 Watchers at polls.-- 24 (1) Each political party and each candidate may have 25 one watcher in each polling room or early voting area at any 26 one time during the election. A political committee formed for 27 the specific purpose of expressly advocating the passage or 28 defeat of an issue on the ballot may have one watcher for each 29 polling room or early voting area at any one time during the 30 election. No watcher shall be permitted to come closer to the 31 officials' table or the voting booths than is reasonably 53 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 necessary to properly perform his or her functions, but each 2 shall be allowed within the polling room or early voting area 3 to watch and observe the conduct of electors and officials. 4 The poll watchers shall furnish their own materials and 5 necessities and shall not obstruct the orderly conduct of any 6 election. The poll watchers shall pose any questions regarding 7 polling place procedures directly to the clerk for resolution. 8 They may not interact with voters. Each poll watcher shall be 9 a qualified and registered elector of the county in which he 10 or she serves. 11 (2) Each party, each political committee, and each 12 candidate requesting to have poll watchers shall designate, in 13 writing, poll watchers for each precinct prior to noon of the 14 second Tuesday preceding the election poll watchers for each 15 polling room on election day. Designations of poll watchers 16 for early voting areas shall be submitted in writing to the 17 supervisor of elections at least 14 days before early voting 18 begins. The poll watchers for each polling room precinct 19 shall be approved by the supervisor of elections on or before 20 the Tuesday before the election. Poll watchers for early 21 voting areas shall be approved by the supervisor of elections 22 no later than 7 days before early voting begins. The 23 supervisor shall furnish to each election board precinct a 24 list of the poll watchers designated and approved for such 25 polling room or early voting area precinct. 26 (3) No candidate or sheriff, deputy sheriff, police 27 officer, or other law enforcement officer may be designated as 28 a poll watcher. 29 Section 29. Subsection (1) of section 101.151, Florida 30 Statutes, is amended to read: 31 101.151 Specifications for ballots.-- 54 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (1) Marksense Paper ballots shall be printed on paper 2 of such thickness that the printing cannot be distinguished 3 from the back and shall meet the specifications of the voting 4 system that will be used to tabulate the ballots. 5 Section 30. Section 101.171, Florida Statutes, is 6 amended to read: 7 101.171 Copy of constitutional amendment to be 8 available at voting locations posted.--Whenever any amendment 9 to the State Constitution is to be voted upon at any election, 10 the Department of State shall have printed, and shall furnish 11 to each supervisor of elections, a sufficient number of copies 12 of the amendment either in poster or booklet form, and the 13 supervisor shall have a copy thereof conspicuously posted or 14 available at each polling room or early voting area precinct 15 upon the day of election. 16 Section 31. Section 101.294, Florida Statutes, is 17 amended to read: 18 101.294 Purchase and sale of voting equipment.-- 19 (1) The Division of Elections of the Department of 20 State shall adopt uniform rules for the purchase, use, and 21 sale of voting equipment in the state. No governing body 22 shall purchase or cause to be purchased any voting equipment 23 unless such equipment has been certified for use in this state 24 by the Department of State. 25 (2) Any governing body contemplating the purchase or 26 sale of voting equipment shall notify the Division of 27 Elections of such considerations. The division shall attempt 28 to coordinate the sale of excess or outmoded equipment by one 29 county with purchases of necessary equipment by other 30 counties. 31 (3) The division shall inform the governing bodies of 55 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the various counties of the state of the availability of new 2 or used voting equipment and of sources available for 3 obtaining such equipment. 4 (4) A vendor of voting equipment may not provide an 5 uncertified voting system, voting system component, or voting 6 system upgrade to a local governing body or supervisor of 7 elections in this state. 8 (5) Before or in conjunction with providing a voting 9 system, voting system component, or voting system upgrade, the 10 vendor shall provide the local governing body or supervisor of 11 elections with a sworn certification that the voting system, 12 voting system component, or voting system upgrade being 13 provided has been certified by the Division of Elections. 14 Section 32. Section 101.295, Florida Statutes, is 15 amended to read: 16 101.295 Penalties for violation.-- 17 (1) Any member of a governing body which purchases or 18 sells voting equipment in violation of the provisions of ss. 19 101.292-101.295, which member knowingly votes to purchase or 20 sell voting equipment in violation of the provisions of ss. 21 101.292-101.295, is guilty of a misdemeanor of the first 22 degree, punishable as provided by s. 775.082 or s. 775.083, 23 and shall be subject to suspension from office on the grounds 24 of malfeasance. 25 (2) Any vendor, chief executive officer, or vendor 26 representative of voting equipment who provides a voting 27 system, voting system component, or voting system upgrade in 28 violation of this chapter commits a felony of the third 29 degree, punishable as provided in s. 775.082, s. 775.083, or 30 s. 775.084. 31 Section 33. Section 101.49, Florida Statutes, is 56 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 amended to read: 2 101.49 Procedure of election officers where signatures 3 differ.-- 4 (1) Whenever any clerk or inspector, upon a just 5 comparison of the signatures, doubts that the signature on the 6 identification presented by the of any elector who presents 7 himself or herself at the polls to vote is the same as the 8 signature of the elector affixed on the precinct register or 9 early voting certificate in the registration book, the clerk 10 or inspector shall deliver to the person an affidavit which 11 shall be in substantially the following form: 12 13 STATE OF FLORIDA, 14 COUNTY OF ..... 15 I do solemnly swear (or affirm) that my name is ....; 16 that I am .... years old; that I was born in the State of 17 ....; that I am registered to vote, and at the time I 18 registered I resided on .... Street, in the municipality of 19 ...., County of ...., State of Florida; that I am a qualified 20 voter of the county and state aforesaid and have not voted in 21 this election. 22 ...(Signature of voter)... 23 Sworn to and subscribed before me this .... day of 24 ...., A. D....(year).... 25 ...(Clerk or inspector of election)... 26 Precinct No. ..... 27 County of ..... 28 29 (2) The person shall fill out, in his or her own 30 handwriting or with assistance from a member of the election 31 board, the form and make an affidavit to the facts stated in 57 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the filled-in form; such affidavit shall then be sworn to and 2 subscribed before one of the inspectors or clerks of the 3 election who is authorized to administer the oath. Whenever 4 the affidavit is made and filed with the clerk or inspector, 5 the person shall then be admitted to cast his or her vote, but 6 if the person fails or refuses to make out or file such 7 affidavit and asserts his or her eligibility, then he or she 8 shall be entitled to vote a provisional ballot not be 9 permitted to vote. 10 Section 34. Effective July 1, 2005, subsection (1) of 11 section 101.51, Florida Statutes, as amended by section 11 of 12 chapter 2002-281, Laws of Florida, is amended to read: 13 101.51 Electors to occupy booth alone.-- 14 (1) When the elector presents himself or herself to 15 vote, the election official shall ascertain whether the 16 elector's name is upon the register of electors, and, if the 17 elector's name appears and no challenge interposes, or, if 18 interposed, be not sustained, one of the election officials 19 stationed at the entrance shall announce the name of the 20 elector and permit him or her to enter the booth or 21 compartment to cast his or her vote, allowing only one elector 22 at a time to pass through to vote. An elector, while casting 23 his or her ballot, may not occupy a booth or compartment 24 already occupied or speak with anyone, except as provided by 25 s. 101.051, while in the polling place. 26 Section 35. Subsection (4) of section 101.5606, 27 Florida Statutes, is amended to read: 28 101.5606 Requirements for approval of systems.--No 29 electronic or electromechanical voting system shall be 30 approved by the Department of State unless it is so 31 constructed that: 58 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (4) For systems using marksense paper ballots, it 2 accepts a rejected ballot pursuant to subsection (3) if a 3 voter chooses to cast the ballot, but records no vote for any 4 office that has been overvoted or undervoted. 5 Section 36. Subsections (2) and (3) of section 6 101.5608, Florida Statutes, are amended to read: 7 101.5608 Voting by electronic or electromechanical 8 method; procedures.-- 9 (2) When an electronic or electromechanical voting 10 system utilizes a ballot card or marksense paper ballot, the 11 following procedures shall be followed: 12 (a) After receiving a ballot from an inspector, the 13 elector shall, without leaving the polling place, retire to a 14 booth or compartment and mark the ballot. After preparing his 15 or her ballot, the elector shall place the ballot in a secrecy 16 envelope with the stub exposed or shall fold over that portion 17 on which write-in votes may be cast, as instructed, so that 18 the ballot will be deposited in the ballot box without 19 exposing the voter's choices. Before the ballot is deposited 20 in the ballot box, the inspector shall detach the exposed stub 21 and place it in a separate envelope for audit purposes; when a 22 fold-over ballot is used, the entire ballot shall be placed in 23 the ballot box. 24 (b) Any voter who spoils his or her ballot or makes an 25 error may return the ballot to the election official and 26 secure another ballot, except that in no case shall a voter be 27 furnished more than three ballots. If the vote tabulation 28 device has rejected a ballot, the ballot shall be considered 29 spoiled and a new ballot shall be provided to the voter unless 30 the voter chooses to cast the rejected ballot. The election 31 official, without examining the original ballot, shall state 59 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the possible reasons for the rejection and shall provide 2 instruction to the voter pursuant to s. 101.5611. A spoiled 3 ballot shall be preserved, without examination, in an envelope 4 provided for that purpose. The stub shall be removed from the 5 ballot and placed in an envelope. 6 (c) The supervisor of elections shall prepare for each 7 polling place at least one ballot box to contain the ballots 8 of a particular precinct, and each ballot box shall be plainly 9 marked with the name of the precinct for which it is intended. 10 (3) The Department of State shall promulgate rules 11 regarding voting procedures to be used when an electronic or 12 electromechanical voting system is of a type which does not 13 utilize a ballot card or marksense paper ballot. 14 Section 37. Subsection (2) of section 101.5612, 15 Florida Statutes, is amended to read: 16 101.5612 Testing of tabulating equipment.-- 17 (2) On any day not more than 10 days prior to the 18 commencement of early voting as provided in s. 101.657, the 19 supervisor of elections shall have the automatic tabulating 20 equipment publicly tested to ascertain that the equipment will 21 correctly count the votes cast for all offices and on all 22 measures. If the ballots to be used at the polling place on 23 election day are not available at the time of the testing, the 24 supervisor may conduct an additional test not more than 10 25 days before election day. Public notice of the time and place 26 of the test shall be given at least 48 hours prior thereto by 27 publication once in one or more newspapers of general 28 circulation in the county or, if there is no newspaper of 29 general circulation in the county, by posting the notice in at 30 least four conspicuous places in the county. The supervisor or 31 the municipal elections official may, at the time of 60 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 qualifying, give written notice of the time and location of 2 the public preelection test to each candidate qualifying with 3 that office and obtain a signed receipt that the notice has 4 been given. The Department of State shall give written notice 5 to each statewide candidate at the time of qualifying, or 6 immediately at the end of qualifying, that the voting 7 equipment will be tested and advise each candidate to contact 8 the county supervisor of elections as to the time and location 9 of the public preelection test. The supervisor or the 10 municipal elections official shall, at least 15 days prior to 11 the commencement of early voting as provided in s. 101.657, 12 send written notice by certified mail to the county party 13 chair of each political party and to all candidates for other 14 than statewide office whose names appear on the ballot in the 15 county and who did not receive written notification from the 16 supervisor or municipal elections official at the time of 17 qualifying, stating the time and location of the public 18 preelection test of the automatic tabulating equipment. The 19 canvassing board shall convene, and each member of the 20 canvassing board shall certify to the accuracy of the test. 21 For the test, the canvassing board may designate one member to 22 represent it. The test shall be open to representatives of the 23 political parties, the press, and the public. Each political 24 party may designate one person with expertise in the computer 25 field who shall be allowed in the central counting room when 26 all tests are being conducted and when the official votes are 27 being counted. The designee shall not interfere with the 28 normal operation of the canvassing board. 29 Section 38. Subsection (5) of section 101.5614, 30 Florida Statutes, is amended to read: 31 101.5614 Canvass of returns.-- 61 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) If any absentee ballot is physically damaged so 2 that it cannot properly be counted by the automatic tabulating 3 equipment, a true duplicate copy shall be made of the damaged 4 ballot in the presence of witnesses and substituted for the 5 damaged ballot. Likewise, a duplicate ballot shall be made of 6 an absentee ballot containing an overvoted race or a marked 7 absentee ballot in which every race is undervoted which shall 8 include all valid votes as determined by the canvassing board 9 based on rules adopted by the division pursuant to s. 10 102.166(4)(5). All duplicate ballots shall be clearly labeled 11 "duplicate," bear a serial number which shall be recorded on 12 the defective ballot, and be counted in lieu of the defective 13 ballot. After a ballot has been duplicated, the defective 14 ballot shall be placed in an envelope provided for that 15 purpose, and the duplicate ballot shall be tallied with the 16 other ballots for that precinct. 17 Section 39. Section 101.572, Florida Statutes, is 18 amended to read: 19 101.572 Public inspection of ballots.--The official 20 ballots and ballot cards received from election boards and 21 removed from absentee ballot mailing envelopes shall be open 22 for public inspection or examination while in the custody of 23 the supervisor of elections or the county canvassing board at 24 any reasonable time, under reasonable conditions; however, no 25 persons other than the supervisor of elections or his or her 26 employees or the county canvassing board shall handle any 27 official ballot or ballot card. If the ballots are being 28 examined prior to the end of the contest period in s. 102.168, 29 the supervisor of elections shall make a reasonable effort to 30 notify all candidates whose names appear on such ballots or 31 ballot cards by telephone or otherwise of the time and place 62 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 of the inspection or examination. All such candidates, or 2 their representatives, shall be allowed to be present during 3 the inspection or examination. 4 Section 40. Section 101.58, Florida Statutes, is 5 amended to read: 6 101.58 Supervising and observing registration and 7 election processes.-- 8 (1) The Department of State may, at any time it deems 9 fit; upon the petition of 5 percent of the registered 10 electors; or upon the petition of any candidate, county 11 executive committee chair, state committeeman or 12 committeewoman, or state executive committee chair, appoint 13 one or more deputies whose duties shall be to observe and 14 examine the registration and election processes and the 15 condition, custody, and operation of voting systems and 16 equipment in any county or municipality. The deputy shall have 17 access to all registration books and records as well as any 18 other records or procedures relating to the voting process. 19 The deputy may supervise preparation of the voting equipment 20 and procedures for election, and it shall be unlawful for any 21 person to obstruct the deputy in the performance of his or her 22 duty. The deputy shall file with the Department of State a 23 report of his or her findings and observations of the 24 registration and election processes in the county or 25 municipality, and a copy of the report shall also be filed 26 with the clerk of the circuit court of said county. The 27 compensation of such deputies shall be fixed by the Department 28 of State; and costs incurred under this section shall be paid 29 from the annual operating appropriation made to the Department 30 of State. 31 (2) Upon the written direction of the Secretary of 63 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 State, any employee of the Department of State having 2 expertise in the matter of concern to the Secretary of State 3 shall have full access to all premises, records, equipment, 4 and staff of the supervisor of elections. 5 Section 41. Subsection (1) of section 101.595, Florida 6 Statutes, is amended to read: 7 101.595 Analysis and reports of voting problems.-- 8 (1) No later than December 15 of each general election 9 year, the supervisor of elections in each county shall report 10 to the Department of State the total number of overvotes and 11 undervotes in the "President and Vice President" or "Governor 12 and Lieutenant Governor" race that appears first on the ballot 13 or, if neither appears, the first race appearing on the ballot 14 pursuant to s. 101.151(2), along with the likely reasons for 15 such overvotes and undervotes and other information as may be 16 useful in evaluating the performance of the voting system and 17 identifying problems with ballot design and instructions which 18 may have contributed to voter confusion. 19 Section 42. Section 101.6103, Florida Statutes, is 20 amended to read: 21 101.6103 Mail ballot election procedure.-- 22 (1) Except as otherwise provided in subsection (7) 23 (6), the supervisor of elections shall mail all official 24 ballots with a secrecy envelope, a return mailing envelope, 25 and instructions sufficient to describe the voting process to 26 each elector entitled to vote in the election not sooner than 27 the 20th day before the election and not later than the 10th 28 day before the date of the election. All such ballots shall 29 be mailed by first-class mail. Ballots shall be addressed to 30 each elector at the address appearing in the registration 31 records and placed in an envelope which is prominently marked 64 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 "Do Not Forward." 2 (2) Upon receipt of the ballot the elector shall mark 3 the ballot, place it in the secrecy envelope, sign the return 4 mailing envelope supplied with the ballot, and comply with the 5 instructions provided with the ballot. The elector shall mail, 6 deliver, or have delivered the marked ballot so that it 7 reaches the supervisor of elections no later than 7 p.m. on 8 the day of the election. The ballot must be returned in the 9 return mailing envelope. 10 (3) The return mailing envelope shall contain a 11 statement in substantially the following form: 12 13 VOTER'S CERTIFICATE 14 15 I, (Print Name), do solemnly swear (or affirm) that I 16 am a qualified voter in this election and that I have not and 17 will not vote more than one ballot in this election. 18 I understand that failure to sign this certificate and 19 give my residence address will invalidate my ballot. 20 ...(Signature)... 21 ...(Residence Address)... 22 23 (4) If the ballot is destroyed, spoiled, lost, or not 24 received by the elector, the elector may obtain a replacement 25 ballot from the supervisor of elections as provided in this 26 subsection. An elector seeking a replacement ballot shall 27 sign a sworn statement that the ballot was destroyed, spoiled, 28 lost, or not received and present such statement to the 29 supervisor of elections prior to 7 p.m. on the day of the 30 election. The supervisor of elections shall keep a record of 31 each replacement ballot provided under this subsection. 65 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) A ballot shall be counted only if: 2 (a) It is returned in the return mailing envelope; 3 (b) The elector's signature has been verified as 4 provided in this subsection; and 5 (c) It is received by the supervisor of elections not 6 later than 7 p.m. on the day of the election. 7 8 The supervisor of elections shall verify the signature of each 9 elector on the return mailing envelope with the signature on 10 the elector's registration records. Such verification may 11 commence at any time prior to the canvass of votes. The 12 supervisor of elections shall safely keep the ballot unopened 13 in his or her office until the county canvassing board 14 canvasses the vote. If the supervisor of elections determines 15 that an elector to whom a replacement ballot has been issued 16 under subsection (4) has voted more than once, the canvassing 17 board shall determine which ballot, if any, is to be counted. 18 (6) The canvassing board may begin the canvassing of 19 mail ballots at 7 a.m. on the fourth day before the election, 20 including processing the ballots through the tabulating 21 equipment. However, results may not be released until after 7 22 p.m. on election day. Any canvassing board member or election 23 employee who releases any result before 7 p.m. on election day 24 commits a felony of the third degree, punishable as provided 25 in s. 775.082, s. 775.083, or s. 775.084. 26 (7)(6) With respect to absent electors overseas 27 entitled to vote in the election, the supervisor of elections 28 shall mail an official ballot with a secrecy envelope, a 29 return mailing envelope, and instructions sufficient to 30 describe the voting process to each such elector on a date 31 sufficient to allow such elector time to vote in the election 66 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 and to have his or her marked ballot reach the supervisor by 7 2 p.m. on the day of the election. 3 (8) Effective July 1, 2005, a ballot that otherwise 4 satisfies the requirements of subsection (5) shall be counted 5 even if the elector dies after mailing the ballot but before 6 election day, as long as, prior to the death of the voter, the 7 ballot was: 8 (a) Postmarked by the United States Postal Service; 9 (b) Date-stamped with a verifiable tracking number by 10 common carrier; or 11 (c) Already in the possession of the supervisor of 12 elections. 13 Section 43. Section 101.62, Florida Statutes, is 14 amended to read: 15 101.62 Request for absentee ballots.-- 16 (1)(a) The supervisor may accept a request for an 17 absentee ballot from an elector in person or in writing. 18 Except as provided in s. 101.694, one request shall be deemed 19 sufficient to receive an absentee ballot for all elections 20 which are held within a calendar year, unless the elector or 21 the elector's designee indicates at the time the request is 22 made the elections for which the elector desires to receive an 23 absentee ballot. Such request may be considered canceled when 24 any first-class mail sent by the supervisor to the elector is 25 returned as undeliverable. 26 (b) The supervisor may accept a written or telephonic 27 request for an absentee ballot from the elector, or, if 28 directly instructed by the elector, a member of the elector's 29 immediate family, or the elector's legal guardian. For 30 purposes of this section, the term "immediate family" has the 31 same meaning as specified in paragraph (4)(b). The person 67 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 making the request must disclose: 2 1. The name of the elector for whom the ballot is 3 requested; 4 2. The elector's address; 5 3. The elector's date of birth; 6 4. The requester's name; 7 5. The requester's address; 8 6. The requester's driver's license number, if 9 available; 10 7. The requester's relationship to the elector; and 11 8. The requester's signature (written requests only). 12 (2) If A request for an absentee ballot to be mailed 13 to a voter must be is received no later than 5 p.m. on the 14 sixth day after the Friday before the election by the 15 supervisor of elections from an absent elector overseas, the 16 supervisor shall send a notice to the elector acknowledging 17 receipt of his or her request and notifying the elector that 18 the ballot will not be forwarded due to insufficient time for 19 return of the ballot by the required deadline. The supervisor 20 of elections shall mail absentee ballots to voters requesting 21 ballots by such deadline no later than 4 days before the 22 election. 23 (3) For each request for an absentee ballot received, 24 the supervisor shall record the date the request was made, the 25 date the absentee ballot was delivered to the voter or the 26 voter's designee or the date the absentee ballot was delivered 27 to the post office or other carrier or mailed, the date the 28 ballot was received by the supervisor, and such other 29 information he or she may deem necessary. This information 30 shall be provided in electronic format as provided by rule 31 adopted by the division. The information shall be updated and 68 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 made available no later than noon of each day and shall be 2 contemporaneously provided to the division. This information 3 shall be confidential and exempt from the provisions of s. 4 119.07(1) and shall be made available to or reproduced only 5 for the voter requesting the ballot, a canvassing board, an 6 election official, a political party or official thereof, a 7 candidate who has filed qualification papers and is opposed in 8 an upcoming election, and registered political committees or 9 registered committees of continuous existence, for political 10 purposes only. 11 (4)(a) To each absent qualified elector overseas who 12 has requested an absentee ballot, the supervisor of elections 13 shall, not fewer than 35 days before the first primary 14 election, mail an absentee ballot. Not fewer than 45 days 15 before the second primary and general election, the supervisor 16 of elections shall mail an absentee ballot. If the regular 17 absentee ballots are not available, the supervisor shall mail 18 an advance absentee ballot to those persons requesting ballots 19 for such elections. The advance absentee ballot for the 20 second primary shall be the same as the first primary absentee 21 ballot as to the names of candidates, except that for any 22 offices where there are only two candidates, those offices and 23 all political party executive committee offices shall be 24 omitted. Except as provided in ss. 99.063(4) and 100.371(6), 25 the advance absentee ballot for the general election shall be 26 as specified in s. 101.151, except that in the case of 27 candidates of political parties where nominations were not 28 made in the first primary, the names of the candidates placing 29 first and second in the first primary election shall be 30 printed on the advance absentee ballot. The advance absentee 31 ballot or advance absentee ballot information booklet shall be 69 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 of a different color for each election and also a different 2 color from the absentee ballots for the first primary, second 3 primary, and general election. The supervisor shall mail an 4 advance absentee ballot for the second primary and general 5 election to each qualified absent elector for whom a request 6 is received until the absentee ballots are printed. The 7 supervisor shall enclose with the advance second primary 8 absentee ballot and advance general election absentee ballot 9 an explanation stating that the absentee ballot for the 10 election will be mailed as soon as it is printed; and, if both 11 the advance absentee ballot and the absentee ballot for the 12 election are returned in time to be counted, only the absentee 13 ballot will be counted. The Department of State may prescribe 14 by rule the requirements for preparing and mailing absentee 15 ballots to absent qualified electors overseas. 16 (b) As soon as the remainder of the absentee ballots 17 are printed, the supervisor shall provide an absentee ballot 18 to each elector by whom a request for that ballot has been 19 made by one of the following means: 20 1. By nonforwardable, return-if-undeliverable mail to 21 the elector's current mailing address on file with the 22 supervisor, unless the elector specifies in the request that: 23 a. The elector is absent from the county and does not 24 plan to return before the day of the election; 25 b. The elector is temporarily unable to occupy the 26 residence because of hurricane, tornado, flood, fire, or other 27 emergency or natural disaster; or 28 c. The elector is in a hospital, assisted-living 29 facility, nursing home, short-term medical or rehabilitation 30 facility, or correctional facility, 31 70 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 in which case the supervisor shall mail the ballot by 2 nonforwardable, return-if-undeliverable mail to any other 3 address the elector specifies in the request. 4 2. By forwardable mail to voters who are entitled to 5 vote by absentee ballot under the Uniformed and Overseas 6 Citizens Absentee Voting Act. 7 3. By personal delivery before 7 p.m. on election day 8 to the elector, upon presentation of the identification 9 required in s. 101.657. 10 4. By delivery to a designee on election day or up to 11 4 days prior to the day of an election. Any elector may 12 designate in writing a person to pick up the ballot for the 13 elector; however, the person designated may not pick up more 14 than two absentee ballots per election, other than the 15 designee's own ballot, except that additional ballots may be 16 picked up for members of the designee's immediate family. For 17 purposes of this section, "immediate family" means the 18 designee's spouse or the parent, child, grandparent, or 19 sibling of the designee or of the designee's spouse. The 20 designee shall provide to the supervisor the written 21 authorization by the elector and a picture identification of 22 the designee and must complete an affidavit. The designee 23 shall state in the affidavit that the designee is authorized 24 by the elector to pick up that ballot and shall indicate if 25 the elector is a member of the designee's immediate family 26 and, if so, the relationship. The department shall prescribe 27 the form of the affidavit. If the supervisor is satisfied that 28 the designee is authorized to pick up the ballot and that the 29 signature of the elector on the written authorization matches 30 the signature of the elector on file, the supervisor shall 31 give the ballot to that designee for delivery to the elector. 71 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (5) In the event that the Elections Canvassing 2 Commission is unable to certify the results of an election for 3 a state office in time to comply with subsection (4), the 4 Department of State is authorized to prescribe rules for a 5 ballot to be sent to absent electors overseas. 6 (6) Nothing other than the materials necessary to vote 7 absentee shall be mailed or delivered with any absentee 8 ballot. 9 Section 44. Section 101.64, Florida Statutes, is 10 amended to read: 11 101.64 Delivery of absentee ballots; envelopes; 12 form.-- 13 (1) The supervisor shall enclose with each absentee 14 ballot two envelopes: a secrecy envelope, into which the 15 absent elector shall enclose his or her marked ballot; and a 16 mailing envelope, into which the absent elector shall then 17 place the secrecy envelope, which shall be addressed to the 18 supervisor and also bear on the back side a certificate in 19 substantially the following form: 20 21 Note: Please Read Instructions Carefully Before 22 Marking Ballot and Completing Voter's Certificate. 23 24 VOTER'S CERTIFICATE 25 I, ...., do solemnly swear or affirm that I am a 26 qualified and registered voter of .... County, Florida, and 27 that I have not and will not vote more than one ballot in this 28 election. I understand that if I commit or attempt to commit 29 any fraud in connection with voting, vote a fraudulent ballot, 30 or vote more than once in an election, I can be convicted of a 31 felony of the third degree and fined up to $5,000 and/or 72 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 imprisoned for up to 5 years. I also understand that failure 2 to sign this certificate will invalidate my ballot. 3 4 ...(Date)... ...(Voter's Signature)... 5 6 (2) The certificate shall be arranged on the back of 7 the mailing envelope so that the line for the signature of the 8 absent elector is across the seal of the envelope; however, no 9 statement shall appear on the envelope which indicates that a 10 signature of the voter must cross the seal of the envelope. 11 The absent elector shall execute the certificate on the 12 envelope. 13 (3) In lieu of the voter's certificate provided in 14 this section, the supervisor of elections shall provide each 15 person voting absentee under the Uniformed and Overseas 16 Citizens Absentee Voting Act with the standard oath prescribed 17 by the presidential designee. 18 Section 45. Subsection (1) of section 101.657, Florida 19 Statutes, is amended, present subsection (2) of that section 20 is renumbered as subsection (4), and new subsections (2) and 21 (3) are added to that section, to read: 22 101.657 Early voting.-- 23 (1)(a) As a convenience to the voter, the supervisor 24 of elections shall allow an elector to vote early in the main 25 or branch office of the supervisor by depositing the voted 26 ballot in a voting device used by the supervisor to collect or 27 tabulate ballots. In order for a branch office to be used for 28 early voting, it shall be a permanent full-service facility of 29 the supervisor and shall have been designated and used as such 30 for at least 1 year prior to the election. The supervisor may 31 also designate any city hall or permanent public library 73 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 facility as early voting sites; however, if so designated, the 2 sites must be geographically located so as to provide all 3 voters in the county an equal opportunity to cast a ballot, 4 insofar as is practicable. The results or tabulation of votes 5 cast during early voting may not be made before the close of 6 the polls on election day. Results shall be reported by 7 precinct. 8 (b) The supervisor shall designate each early voting 9 site by no later than the 30th day prior to an election and 10 shall designate an early voting area, as defined in s. 97.021, 11 at each early voting site. 12 (c) All early voting sites in a county shall be open 13 on the same days for the same amount of time and shall allow 14 any person in line at the closing of an early voting site to 15 vote. 16 (d)(b) Early voting shall begin on the 15th day before 17 an election and end on the 2nd day before an election. For 18 purposes of a special election held pursuant to s. 100.101, 19 early voting shall begin on the 8th day before an election and 20 end on the 2nd day before an election. Early voting shall be 21 provided for at least 8 hours per weekday and 8 hours in the 22 aggregate each weekend at each site during the applicable 23 periods. Early voting sites shall open no sooner than 7 a.m. 24 and close no later than 7 p.m. on each applicable day during 25 the applicable periods. Early voting shall also be provided 26 for 8 hours in the aggregate for each weekend during the 27 applicable periods. 28 (e) Notwithstanding the requirements of s. 100.3605, 29 municipalities may provide early voting in municipal elections 30 that are not held in conjunction with county or state 31 elections. If a municipality provides early voting, it may 74 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 designate as many sites as necessary and shall conduct its 2 activities in accordance with the provisions of paragraphs 3 (a)-(c). The supervisor is not required to conduct early 4 voting if it is provided pursuant to this subsection. 5 (f) Notwithstanding the requirements of s. 189.405, 6 special districts may provide early voting in any district 7 election not held in conjunction with county or state 8 elections. If a special district provides early voting, it may 9 designate as many sites as necessary and shall conduct its 10 activities in accordance with the provisions of paragraphs 11 (a)-(c). The supervisor is not required to conduct early 12 voting if it is provided pursuant to this subsection. 13 (2) During any early voting period, each supervisor of 14 elections shall make available the total number of voters 15 casting a ballot at each early voting location during the 16 previous day. Each supervisor shall prepare an electronic data 17 file listing the individual voters who cast a ballot during 18 the early voting period. This information shall be provided in 19 electronic format as provided by rule adopted by the division. 20 The information shall be updated and made available no later 21 than noon of each day and shall be contemporaneously provided 22 to the division. 23 (3) The ballot of each elector voting early shall be 24 counted even if the elector dies on or before election day. 25 Section 46. Subsection (2) of section 101.663, Florida 26 Statutes, is amended to read: 27 101.663 Electors; change of residence.-- 28 (2) An elector registered in this state who moves his 29 or her permanent residence to another state after the 30 registration books in that state have closed and who is 31 prohibited by the laws of that state from voting for the 75 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 offices of President and Vice President of the United States 2 shall be permitted to vote absentee in the county of his or 3 her former residence for the offices of President and Vice 4 President of the United States those offices. 5 Section 47. Subsection (1) and paragraph (c) of 6 subsection (2) of section 101.68, Florida Statutes, are 7 amended to read: 8 101.68 Canvassing of absentee ballot.-- 9 (1) The supervisor of the county where the absent 10 elector resides shall receive the voted ballot, at which time 11 the supervisor shall compare the signature of the elector on 12 the voter's certificate with the signature of the elector in 13 the registration books to determine whether the elector is 14 duly registered in the county and may record on the elector's 15 registration certificate that the elector has voted. However, 16 effective July 1, 2005, an elector who dies after casting an 17 absentee ballot but on or before election day shall remain 18 listed in the registration books until the results have been 19 certified for the election in which the ballot was cast. The 20 supervisor shall safely keep the ballot unopened in his or her 21 office until the county canvassing board canvasses the vote. 22 After an absentee ballot is received by the supervisor, the 23 ballot is deemed to have been cast, and changes or additions 24 may not be made to the voter's certificate. 25 (2) 26 (c)1. The canvassing board shall, if the supervisor 27 has not already done so, compare the signature of the elector 28 on the voter's certificate with the signature of the elector 29 in the registration books to see that the elector is duly 30 registered in the county and to determine the legality of that 31 absentee ballot. Effective July 1, 2005, the ballot of an 76 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 elector who casts an absentee ballot shall be counted even if 2 the elector dies on or before election day, as long as, prior 3 to the death of the voter, the ballot was postmarked by the 4 United States Postal Service, date-stamped with a verifiable 5 tracking number by common carrier, or already in the 6 possession of the supervisor of elections. An absentee ballot 7 shall be considered illegal if it does not include the 8 signature of the elector, as shown by the registration 9 records. However, an absentee ballot shall not be considered 10 illegal if the signature of the elector does not cross the 11 seal of the mailing envelope. If the canvassing board 12 determines that any ballot is illegal, a member of the board 13 shall, without opening the envelope, mark across the face of 14 the envelope: "rejected as illegal." The envelope and the 15 ballot contained therein shall be preserved in the manner that 16 official ballots voted are preserved. 17 2. If any elector or candidate present believes that 18 an absentee ballot is illegal due to a defect apparent on the 19 voter's certificate, he or she may, at any time before the 20 ballot is removed from the envelope, file with the canvassing 21 board a protest against the canvass of that ballot, specifying 22 the precinct, the ballot, and the reason he or she believes 23 the ballot to be illegal. A challenge based upon a defect in 24 the voter's certificate may not be accepted after the ballot 25 has been removed from the mailing envelope. 26 Section 48. Section 101.69, Florida Statutes, is 27 amended to read: 28 101.69 Voting in person; return of absentee 29 ballot.--The provisions of this code shall not be construed to 30 prohibit any elector from voting in person at the elector's 31 precinct on the day of an election or at an early voting site, 77 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 notwithstanding that the elector has requested an absentee 2 ballot for that election. An elector who has returned a voted 3 absentee ballot to the supervisor, however, is deemed to have 4 cast his or her ballot and is not entitled to vote another 5 ballot or to have a provisional ballot counted by the county 6 canvassing board. An elector who has received an absentee 7 ballot and has not returned the voted ballot to the 8 supervisor, but desires to vote in person, shall return the 9 ballot, whether voted or not, to the election board in the 10 elector's precinct or to an early voting site. The returned 11 ballot shall be marked "canceled" by the board and placed with 12 other canceled ballots. However, if the elector does not 13 return the ballot and the election official: 14 (1) Confirms that the supervisor has received the 15 elector's absentee ballot, the elector shall not be allowed to 16 vote in person. If the elector maintains that he or she has 17 not returned the absentee ballot or remains eligible to vote, 18 the elector shall be provided a provisional ballot as provided 19 in s. 101.048. 20 (2) Confirms that the supervisor has not received the 21 elector's absentee ballot, the elector shall be allowed to 22 vote in person as provided in this code. The elector's 23 absentee ballot, if subsequently received, shall not be 24 counted and shall remain in the mailing envelope, and the 25 envelope shall be marked "Rejected as Illegal." 26 (3) Cannot determine whether the supervisor has 27 received the elector's absentee ballot, the elector may vote a 28 provisional ballot as provided in s. 101.048. 29 Section 49. Section 101.6923, Florida Statutes, is 30 amended to read: 31 101.6923 Special absentee ballot instructions for 78 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 certain first-time voters.-- 2 (1) The provisions of this section apply to voters who 3 registered to vote by mail, who have not previously voted in 4 the county, and who have not provided the identification or 5 information required by s. 97.0535 by the time the absentee 6 ballot is mailed. 7 (2) A voter covered by this section shall be provided 8 with the following printed instructions with his or her 9 absentee ballot in substantially the following form: 10 11 READ THESE INSTRUCTIONS CAREFULLY BEFORE 12 MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE 13 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO 14 COUNT. 15 16 1. In order to ensure that your absentee ballot will 17 be counted, it should be completed and returned as soon as 18 possible so that it can reach the supervisor of elections of 19 the county in which your precinct is located no later than 7 20 p.m. on the date of the election. 21 2. Mark your ballot in secret as instructed on the 22 ballot. You must mark your own ballot unless you are unable to 23 do so because of blindness, disability, or inability to read 24 or write. 25 3. Mark only the number of candidates or issue choices 26 for a race as indicated on the ballot. If you are allowed to 27 "Vote for One" candidate and you vote for more than one, your 28 vote in that race will not be counted. 29 4. Place your marked ballot in the enclosed secrecy 30 envelope and seal the envelope. 31 5. Insert the secrecy envelope into the enclosed 79 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 envelope bearing the Voter's Certificate. Seal the envelope 2 and completely fill out the Voter's Certificate on the back of 3 the envelope. 4 a. You must sign your name on the line above (Voter's 5 Signature). 6 b. If you are an overseas voter, you must include the 7 date you signed the Voter's Certificate on the line above 8 (Date) or your ballot may not be counted. 9 6. Unless you meet one of the exemptions in Item 7., 10 you must make a copy of one of the following forms of 11 identification: 12 a. Identification which must include your name and 13 photograph: current and valid Florida driver's license; 14 Florida identification card issued by the Department of 15 Highway Safety and Motor Vehicles; United States passport; 16 employee badge or identification; buyer's club identification 17 card; debit or credit card; military identification; student 18 identification; retirement center identification; neighborhood 19 association identification; entertainment identification; or 20 public assistance identification; or 21 b. Identification which shows your name and current 22 residence address: current utility bill, bank statement, 23 government check, paycheck, or government document (excluding 24 voter identification card). 25 7. The identification requirements of Item 6. do not 26 apply if you meet one of the following requirements: 27 a. You are 65 years of age or older. 28 b. You have a temporary or permanent physical 29 disability. 30 c. You are a member of a uniformed service on active 31 duty who, by reason of such active duty, will be absent from 80 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the county on election day. 2 d. You are a member of the Merchant Marine who, by 3 reason of service in the Merchant Marine, will be absent from 4 the county on election day. 5 e. You are the spouse or dependent of a member 6 referred to in paragraph c. or paragraph d. who, by reason of 7 the active duty or service of the member, will be absent from 8 the county on election day. 9 f. You are currently residing outside the United 10 States. 11 8. Place the envelope bearing the Voter's Certificate 12 into the mailing envelope addressed to the supervisor. Insert 13 a copy of your identification in the mailing envelope. DO NOT 14 PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE 15 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S 16 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 17 9. Mail, deliver, or have delivered the completed 18 mailing envelope. Be sure there is sufficient postage if 19 mailed. 20 10. FELONY NOTICE. It is a felony under Florida law to 21 accept any gift, payment, or gratuity in exchange for your 22 vote for a candidate. It is also a felony under Florida law to 23 vote in an election using a false identity or false address, 24 or under any other circumstances making your ballot false or 25 fraudulent. 26 Section 50. Subsection (3) of section 101.694, Florida 27 Statutes, is amended to read: 28 101.694 Mailing of ballots upon receipt of federal 29 postcard application.-- 30 (3) Absentee envelopes printed for voters entitled to 31 vote absentee under the Uniformed and Overseas Citizens 81 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Absentee Voting Act shall meet the specifications as 2 determined by the Federal Voting Assistance Program of the 3 United States Department of Defense and the United States 4 Postal Service. There shall be printed across the face of each 5 envelope in which a ballot is sent to a federal postcard 6 applicant, or is returned by such applicant to the supervisor, 7 two parallel horizontal red bars, each one-quarter inch wide, 8 extending from one side of the envelope to the other side, 9 with an intervening space of one-quarter inch, the top bar to 10 be 1 1/4 inches from the top of the envelope, and with the 11 words "Official Election Balloting Material-via Air Mail," or 12 similar language, between the bars. There shall be printed in 13 the upper right corner of each such envelope, in a box, the 14 words "Free of U. S. Postage, including Air Mail." All 15 printing on the face of each envelope shall be in red, and 16 there shall be printed in red in the upper left corner of each 17 ballot envelope an appropriate inscription or blanks for 18 return address of sender. Additional specifications may be 19 prescribed by rule of the Division of Elections upon 20 recommendation of the presidential designee under the 21 Uniformed and Overseas Citizens Absentee Voting Act. 22 Otherwise, the envelopes shall be the same as those used in 23 sending ballots to, or receiving them from, other absentee 24 voters. 25 Section 51. Section 101.697, Florida Statutes, is 26 amended to read: 27 101.697 Electronic transmission of election 28 materials.--The Department of State shall determine whether 29 secure electronic means can be established for receiving 30 ballots from overseas voters. If such security can be 31 established, the department shall adopt rules to authorize a 82 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 supervisor of elections to accept from an overseas voter a 2 request for an absentee ballot or and a voted absentee ballot 3 by secure facsimile machine transmission or other secure 4 electronic means from overseas voters. The rules must provide 5 that in order to accept a voted ballot, the verification of 6 the voter must be established, the security of the 7 transmission must be established, and each ballot received 8 must be recorded. 9 Section 52. Section 102.012, Florida Statutes, is 10 amended to read: 11 102.012 Inspectors and clerks to conduct elections.-- 12 (1) The supervisor of elections of each county, at 13 least 20 days prior to the holding of any election, shall 14 appoint an election board comprised of poll workers who serve 15 as clerks or inspectors two election boards for each precinct 16 in the county; however, the supervisor of elections may, in 17 any election, appoint one election board if the supervisor has 18 reason to believe that only one is necessary. The clerk shall 19 be in charge of, and responsible for, seeing that the election 20 board carries out its duties and responsibilities. Each 21 inspector and each clerk shall take and subscribe to an oath 22 or affirmation, which shall be written or printed, to the 23 effect that he or she will perform the duties of inspector or 24 clerk of election, respectively, according to law and will 25 endeavor to prevent all fraud, deceit, or abuse in conducting 26 the election. The oath may be taken before an officer 27 authorized to administer oaths or before any of the persons 28 who are to act as inspectors, one of them to swear the others, 29 and one of the others sworn thus, in turn, to administer the 30 oath to the one who has not been sworn. The oaths shall be 31 returned with the poll list and the returns of the election to 83 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the supervisor. In all questions that may arise before the 2 members of an election board, the decision of a majority of 3 them shall decide the question. The supervisor of elections 4 of each county shall be responsible for the attendance and 5 diligent performance of his or her duties by each clerk and 6 inspector. 7 (2) Each member of the election board shall be able to 8 read and write the English language and shall be a registered 9 qualified elector of the county in which the member is 10 appointed or a person who has preregistered to vote, pursuant 11 to s. 97.041(1)(b), in the county in which the member is 12 appointed. No election board shall be composed solely of 13 members of one political party; however, in any primary in 14 which only one party has candidates appearing on the ballot, 15 all clerks and inspectors may be of that party. Any person 16 whose name appears as an opposed candidate for any office 17 shall not be eligible to serve on an election board. 18 (3) The supervisor shall furnish inspectors of 19 election for each precinct with the list of registered voters 20 for the precinct registration books divided alphabetically as 21 will best facilitate the holding of an election. The 22 supervisor shall also furnish to the inspectors of election at 23 the polling place at each precinct in the supervisor's county 24 a sufficient number of forms and blanks for use on election 25 day. 26 (4)(a) The election board of each precinct shall 27 attend the polling place by 6 a.m. of the day of the election 28 and shall arrange the furniture, stationery, and voting 29 equipment. 30 (b) The An election board shall conduct the voting, 31 beginning and closing at the time set forth in s. 100.011. If 84 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 more than one board has been appointed, the second board 2 shall, upon the closing of the polls, come on duty and count 3 the votes cast. In such case, the first board shall turn over 4 to the second board all closed ballot boxes, registration 5 books, and other records of the election at the time the 6 boards change. The second board shall continue counting until 7 the count is complete or until 7 a.m. the next morning, and, 8 if the count is not completed at that time, the first board 9 that conducted the election shall again report for duty and 10 complete the count. The second board shall turn over to the 11 first board all ballots counted, all ballots not counted, and 12 all registration books and other records and shall advise the 13 first board as to what has transpired in tabulating the 14 results of the election. 15 (5) In precincts in which there are more than 1,000 16 registered electors, the supervisor of elections shall appoint 17 additional election boards necessary for the election. 18 (6) In any precinct in which there are fewer than 300 19 registered electors, it is not necessary to appoint two 20 election boards, but one such board will suffice. Such board 21 shall be composed of at least one inspector and one clerk. 22 Section 53. Subsections (1), (2), (3), and (5) of 23 section 102.014, Florida Statutes, is amended to read: 24 102.014 Poll worker recruitment and training.-- 25 (1) The supervisor of elections shall conduct training 26 for inspectors, clerks, and deputy sheriffs prior to each 27 primary, general, and special election for the purpose of 28 instructing such persons in their duties and responsibilities 29 as election officials. The Division of Elections shall develop 30 a statewide uniform training curriculum for poll workers, and 31 each supervisor shall use such curriculum in training poll 85 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 workers. A certificate may be issued by the supervisor of 2 elections to each person completing such training. No person 3 shall serve as an inspector, clerk, or deputy sheriff for an 4 election unless such person has completed the training as 5 required. A clerk may not work at the polls unless he or she 6 demonstrates a working knowledge of the laws and procedures 7 relating to voter registration, voting system operation, 8 balloting and polling place procedures, and problem-solving 9 and conflict-resolution skills. 10 (2) A person who has attended previous training 11 conducted within 2 years before the election may be appointed 12 by the supervisor to fill a vacancy on an election board day. 13 If no person with prior training is available to fill such 14 vacancy, the supervisor of elections may fill such vacancy in 15 accordance with the provisions of subsection (3) from among 16 persons who have not received the training required by this 17 section. 18 (3) In the case of absence or refusal to act on the 19 part of any inspector or clerk at any precinct on the day of 20 an election, the supervisor shall appoint a replacement who 21 meets the qualifications prescribed in s. 102.012(2). The 22 inspector or clerk so appointed shall be a member of the same 23 political party as the clerk or inspector whom he or she 24 replaces. 25 (5) The Department of State shall create a uniform 26 polling place procedures manual and adopt the manual by rule. 27 Each supervisor of elections shall ensure that the manual is 28 available in hard copy or electronic form in every polling 29 place precinct in the supervisor's jurisdiction on election 30 day. The manual shall guide inspectors, clerks, and deputy 31 sheriffs in the proper implementation of election procedures 86 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 and laws. The manual shall be indexed by subject, and written 2 in plain, clear, unambiguous language. The manual shall 3 provide specific examples of common problems encountered at 4 the polls on election day, and detail specific procedures for 5 resolving those problems. The manual shall include, without 6 limitation: 7 (a) Regulations governing solicitation by individuals 8 and groups at the polling place; 9 (b) Procedures to be followed with respect to voters 10 whose names are not on the precinct register; 11 (c) Proper operation of the voting system; 12 (d) Ballot handling procedures; 13 (e) Procedures governing spoiled ballots; 14 (f) Procedures to be followed after the polls close; 15 (g) Rights of voters at the polls; 16 (h) Procedures for handling emergency situations; 17 (i) Procedures for dealing with irate voters; 18 (j) The handling and processing of provisional 19 ballots; and 20 (k) Security procedures. 21 22 The Department of State shall revise the manual as necessary 23 to address new procedures in law or problems encountered by 24 voters and poll workers at the precincts. 25 Section 54. Section 102.031, Florida Statutes, is 26 amended to read: 27 102.031 Maintenance of good order at polls; 28 authorities; persons allowed in polling rooms and early voting 29 areas; unlawful solicitation of voters.-- 30 (1) Each election board shall possess full authority 31 to maintain order at the polls and enforce obedience to its 87 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 lawful commands during an election and the canvass of the 2 votes. 3 (2) The sheriff shall deputize a deputy sheriff for 4 each polling place and each early voting site who shall be 5 present during the time the polls or early voting sites are 6 open and until the election is completed, who shall be subject 7 to all lawful commands of the clerk or inspectors, and who 8 shall maintain good order. The deputy may summon assistance 9 from among bystanders to aid him or her when necessary to 10 maintain peace and order at the polls or early voting sites. 11 (3)(a) No person may enter any polling room or polling 12 place where the polling place is also a polling room, or any 13 early voting area during voting hours except the following: 14 1. Official poll watchers; 15 2. Inspectors; 16 3. Election clerks; 17 4. The supervisor of elections or his or her deputy; 18 5. Persons there to vote, persons in the care of a 19 voter, or persons caring for such voter; 20 6. Law enforcement officers or emergency service 21 personnel there with permission of the clerk or a majority of 22 the inspectors; or 23 7. A person, whether or not a registered voter, who is 24 assisting with or participating in a simulated election for 25 minors, as approved by the supervisor of elections. 26 (b) The restriction in this subsection does not apply 27 where the polling room is in an area commonly traversed by the 28 public in order to gain access to businesses or homes or in an 29 area traditionally utilized as a public area for discussion. 30 (4)(a)(c) No person, political committee, committee of 31 continuous existence, or other group or organization may 88 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 solicit voters inside the polling place or within 100 50 feet 2 of the entrance to any polling place, or polling room where 3 the polling place is also a polling room, or early voting 4 site. Before the opening of the polling place or early voting 5 site, the clerk or supervisor shall designate the 6 no-solicitation zone and mark the boundaries. on the day of 7 any election. 8 1. Solicitation shall not be restricted if: 9 a. Conducted from a separately marked area within the 10 50-foot zone so as not to disturb, hinder, impede, obstruct, 11 or interfere with voter access to the polling place or polling 12 room entrance; and 13 b. The solicitation activities and subject matter are 14 clearly and easily identifiable by the voters as an activity 15 in which they may voluntarily participate; or 16 c. Conducted on property within the 50-foot zone which 17 is a residence, established business, private property, 18 sidewalk, park, or property traditionally utilized as a public 19 area for discussion. 20 2. Solicitation shall not be permitted within the 21 50-foot zone on a public sidewalk or other similar means of 22 access to the polling room if it is clearly identifiable to 23 the poll workers that the solicitation is impeding, 24 obstructing, or interfering with voter access to the polling 25 room or polling place. 26 (b)(d) For the purpose of this subsection, the term 27 "solicit" shall include, but not be limited to, seeking or 28 attempting to seek any vote, fact, opinion, or contribution; 29 distributing or attempting to distribute any political or 30 campaign material, leaflet, or handout; conducting a poll; 31 seeking or attempting to seek a signature on any petition; and 89 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 selling or attempting to sell any item. 2 (c)(e) Each supervisor of elections shall inform the 3 clerk of each precinct of the area within which soliciting is 4 unlawful, based on the particular characteristics of that 5 polling place. The supervisor or the clerk may take any 6 reasonable action necessary to ensure order at the polling 7 places, including, but not limited to, which shall include: 8 1. Designating a specific area for soliciting pursuant 9 to paragraph (c) of this subsection, or 10 2. having disruptive and unruly persons removed by law 11 enforcement officers from the polling room or place or from 12 the 100-foot 50-foot zone surrounding the polling place. 13 (5) No photography is permitted in the polling room or 14 early voting area. 15 Section 55. Section 102.071, Florida Statutes, is 16 amended to read: 17 102.071 Tabulation of votes and proclamation of 18 results where ballots are used.--The election board shall post 19 at the polls, for the benefit of the public, the results of 20 the voting for each office or other item on the ballot as the 21 count is completed. Upon completion of all counts in all 22 races, a certificate triplicate certificates of the results 23 shall be drawn up by the inspectors and clerk at each precinct 24 upon a form provided by the supervisor of elections which 25 shall contain the name of each person voted for, for each 26 office, and the number of votes cast for each person for such 27 office; and, if any question is submitted, the certificate 28 shall also contain the number of votes cast for and against 29 the question. The certificate shall be signed by the 30 inspectors and clerk, and one of the certificates shall be 31 delivered without delay by one of the inspectors, securely 90 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 sealed, to the supervisor for immediate publication; the 2 duplicate copy of the certificate shall be delivered to the 3 county court judge; and the remaining copy shall be enclosed 4 in the ballot box together with the oaths of inspectors and 5 clerks. All the ballot boxes, ballots, ballot stubs, 6 memoranda, and papers of all kinds used in the election shall 7 also be transmitted, after being sealed by the inspectors, to 8 with the certificates of result of the election to be filed in 9 the supervisor's office. Registration books and the poll lists 10 shall not be placed in the ballot boxes but shall be returned 11 to the supervisor. 12 Section 56. Section 102.111, Florida Statutes, is 13 amended to read: 14 102.111 Elections Canvassing Commission.-- 15 (1) The Elections Canvassing Commission shall consist 16 of the Governor and two members of the Cabinet selected by the 17 Governor. If a member of the Elections Canvassing Commission 18 is unable to serve for any reason, the Governor shall appoint 19 a remaining member of the Cabinet. If there is a further 20 vacancy, the remaining members of the commission shall agree 21 on another elected official to fill the vacancy. The Elections 22 Canvassing Commission shall, as soon as the official results 23 are compiled from all counties, certify the returns of the 24 election and determine and declare who has been elected for 25 each federal, state, and multicounty office. If a member of a 26 county canvassing board that was constituted pursuant to s. 27 102.141 determines, within 5 days after the certification by 28 the Elections Canvassing Commission, that a typographical 29 error occurred in the official returns of the county, the 30 correction of which could result in a change in the outcome of 31 an election, the county canvassing board must certify 91 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 corrected returns to the Department of State within 24 hours, 2 and the Elections Canvassing Commission must correct and 3 recertify the election returns as soon as practicable. 4 (2) The Division of Elections shall provide the staff 5 services required by the Elections Canvassing Commission. 6 Section 57. Section 102.112, Florida Statutes, is 7 amended to read: 8 102.112 Deadline for submission of county returns to 9 the Department of State.-- 10 (1) The county canvassing board or a majority thereof 11 shall file the county returns for the election of a federal or 12 state officer with the Department of State immediately after 13 certification of the election results. The returns must 14 contain a certification by the canvassing board that the board 15 has reconciled the number of persons who voted with the number 16 of ballots counted and that the certification includes all 17 valid votes cast in the election. 18 (2) Returns must be filed by 5 p.m. on the 7th day 19 following a primary election and by 5 p.m. on the 11th day 20 following the general election. However, the Department of 21 State may correct typographical errors, including the 22 transposition of numbers, in any returns submitted to the 23 Department of State pursuant to s. 102.111(1). 24 (3) If the returns are not received by the department 25 by the time specified, such returns shall be ignored and the 26 results on file at that time shall be certified by the 27 department. 28 (4) If the returns are not received by the department 29 due to an emergency, as defined in s. 101.732, the Elections 30 Canvassing Commission shall determine the deadline by which 31 the returns must be received. 92 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Section 58. Section 102.141, Florida Statutes, is 2 amended to read: 3 102.141 County canvassing board; duties.-- 4 (1) The county canvassing board shall be composed of 5 the supervisor of elections; a county court judge, who shall 6 act as chair; and the chair of the board of county 7 commissioners. In the event any member of the county 8 canvassing board is unable to serve, is a candidate who has 9 opposition in the election being canvassed, or is an active 10 participant in the campaign or candidacy of any candidate who 11 has opposition in the election being canvassed, such member 12 shall be replaced as follows: 13 (a) If no county court judge is able to serve or if 14 all are disqualified, the chief judge of the judicial circuit 15 in which the county is located shall appoint as a substitute 16 member a qualified elector of the county who is not a 17 candidate with opposition in the election being canvassed and 18 who is not an active participant in the campaign or candidacy 19 of any candidate with opposition in the election being 20 canvassed. In such event, the members of the county 21 canvassing board shall meet and elect a chair. 22 (b) If the supervisor of elections is unable to serve 23 or is disqualified, the chair of the board of county 24 commissioners shall appoint as a substitute member a member of 25 the board of county commissioners who is not a candidate with 26 opposition in the election being canvassed and who is not an 27 active participant in the campaign or candidacy of any 28 candidate with opposition in the election being canvassed. 29 The supervisor, however, shall act in an advisory capacity to 30 the canvassing board. 31 (c) If the chair of the board of county commissioners 93 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 is unable to serve or is disqualified, the board of county 2 commissioners shall appoint as a substitute member one of its 3 members who is not a candidate with opposition in the election 4 being canvassed and who is not an active participant in the 5 campaign or candidacy of any candidate with opposition in the 6 election being canvassed. 7 (d) If a substitute member cannot be appointed as 8 provided elsewhere in this subsection, the chief judge of the 9 judicial circuit in which the county is located shall appoint 10 as a substitute member a qualified elector of the county who 11 is not a candidate with opposition in the election being 12 canvassed and who is not an active participant in the campaign 13 or candidacy of any candidate with opposition in the election 14 being canvassed. 15 (2) The county canvassing board shall meet in a 16 building accessible to the public in the county where the 17 election occurred at a time and place to be designated by the 18 supervisor of elections to publicly canvass the absentee 19 electors' ballots as provided for in s. 101.68 and provisional 20 ballots as provided by ss. 101.048, 101.049, and 101.6925. 21 Provisional ballots cast pursuant to s. 101.049 shall be 22 canvassed in a manner that votes for candidates and issues on 23 those ballots can be segregated from other votes. Public 24 notice of the time and place at which the county canvassing 25 board shall meet to canvass the absentee electors' ballots and 26 provisional ballots shall be given at least 48 hours prior 27 thereto by publication once in one or more newspapers of 28 general circulation in the county or, if there is no newspaper 29 of general circulation in the county, by posting such notice 30 in at least four conspicuous places in the county. As soon as 31 the absentee electors' ballots and the provisional ballots are 94 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 canvassed, the board shall proceed to publicly canvass the 2 vote given each candidate, nominee, constitutional amendment, 3 or other measure submitted to the electorate of the county, as 4 shown by the returns then on file in the office of the 5 supervisor of elections and the office of the county court 6 judge. 7 (3) The canvass, except the canvass of absentee 8 electors' returns and the canvass of provisional ballots, 9 shall be made from the returns and certificates of the 10 inspectors as signed and filed by them with the county court 11 judge and supervisor, respectively, and the county canvassing 12 board shall not change the number of votes cast for a 13 candidate, nominee, constitutional amendment, or other measure 14 submitted to the electorate of the county, respectively, in 15 any polling place, as shown by the returns. All returns shall 16 be made to the board on or before 2 a.m. of the day following 17 any primary, general, special, or other election. If the 18 returns from any precinct are missing, if there are any 19 omissions on the returns from any precinct, or if there is an 20 obvious error on any such returns, the canvassing board shall 21 order a retabulation recount of the returns from such 22 precinct. Before canvassing such returns, the canvassing 23 board shall examine the tabulation of the ballots cast in such 24 precinct and determine whether the returns correctly reflect 25 the votes cast. If there is a discrepancy between the returns 26 and the tabulation of the ballots cast, the tabulation of the 27 ballots cast shall be presumed correct and such votes shall be 28 canvassed accordingly. 29 (4) The canvassing board shall submit on forms or in 30 formats provided by the division unofficial returns to the 31 Department of State for each federal, statewide, state, or 95 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 multicounty office or ballot measure no later than noon on the 2 third second day after any primary election and no later than 3 noon on the fifth day after any, general, special, or other 4 election. Such returns shall include the canvass of all 5 ballots as required by subsection (2), except for provisional 6 ballots, which returns shall be reported at the time required 7 for official returns pursuant to s. 102.112(2). 8 (5) If the county canvassing board determines that the 9 unofficial returns may contain a counting error in which the 10 vote tabulation system failed to count votes that were 11 properly marked in accordance with the instructions on the 12 ballot, the county canvassing board shall: 13 (a) Correct the error and retabulate recount the 14 affected ballots with the vote tabulation system; or 15 (b) Request that the Department of State verify the 16 tabulation software. When the Department of State verifies 17 such software, the department shall compare the software used 18 to tabulate the votes with the software filed with the 19 department pursuant to s. 101.5607 and check the election 20 parameters. 21 (6) If the unofficial returns reflect that a candidate 22 for any office was defeated or eliminated by one-half of a 23 percent or less of the votes cast for such office, that a 24 candidate for retention to a judicial office was retained or 25 not retained by one-half of a percent or less of the votes 26 cast on the question of retention, or that a measure appearing 27 on the ballot was approved or rejected by one-half of a 28 percent or less of the votes cast on such measure, the board 29 responsible for certifying the results of the vote on such 30 race or measure shall order a recount of the votes cast with 31 respect to such office or measure. The Elections Canvassing 96 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Commission is the board responsible for ordering federal, 2 state, and multi county recounts. A recount need not be 3 ordered with respect to the returns for any office, however, 4 if the candidate or candidates defeated or eliminated from 5 contention for such office by one-half of a percent or less of 6 the votes cast for such office request in writing that a 7 recount not be made. 8 (a) In counties with voting systems that use paper 9 ballots, Each canvassing board responsible for conducting a 10 recount shall put each marksense ballot through automatic 11 tabulating equipment and determine whether the returns 12 correctly reflect the votes cast. If any marksense paper 13 ballot is physically damaged so that it cannot be properly 14 counted by the automatic tabulating equipment during the 15 recount, a true duplicate shall be made of the damaged ballot 16 pursuant to the procedures in s. 101.5614(5). Immediately 17 before the start of the recount and after completion of the 18 count, a test of the tabulating equipment shall be conducted 19 as provided in s. 101.5612. If the test indicates no error, 20 the recount tabulation of the ballots cast shall be presumed 21 correct and such votes shall be canvassed accordingly. If an 22 error is detected, the cause therefor shall be ascertained and 23 corrected and the recount repeated, as necessary. The 24 canvassing board shall immediately report the error, along 25 with the cause of the error and the corrective measures being 26 taken, to the Department of State. No later than 11 days after 27 the election, the canvassing board shall file a separate 28 incident report with the Department of State, detailing the 29 resolution of the matter and identifying any measures that 30 will avoid a future recurrence of the error. 31 (b) In counties with voting systems that do not use 97 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 paper ballots, Each canvassing board responsible for 2 conducting a recount where touchscreen ballots were used shall 3 examine the counters on the precinct tabulators to ensure that 4 the total of the returns on the precinct tabulators equals the 5 overall election return. If there is a discrepancy between the 6 overall election return and the counters of the precinct 7 tabulators, the counters of the precinct tabulators shall be 8 presumed correct and such votes shall be canvassed 9 accordingly. 10 (c) The canvassing board shall submit on forms or in 11 formats provided by the division a second set of unofficial 12 returns to the Department of State for each federal, 13 statewide, state, or multicounty office or ballot measure no 14 later than 3 p.m. noon on the fifth third day after any 15 primary election and no later than 3 p.m. on the eighth day 16 after any general election in which a recount was conducted 17 pursuant to this subsection. If the canvassing board is unable 18 to complete the recount prescribed in this subsection by the 19 deadline, the second set of unofficial returns submitted by 20 the canvassing board shall be identical to the initial 21 unofficial returns and the submission shall also include a 22 detailed explanation of why it was unable to timely complete 23 the recount. However, the canvassing board shall complete the 24 recount prescribed in this subsection, along with any manual 25 recount prescribed in s. 102.166, and certify election returns 26 in accordance with the requirements of this chapter. 27 (d) The Department of State shall adopt detailed rules 28 prescribing additional recount procedures for each certified 29 voting system, which shall be uniform to the extent 30 practicable. 31 (7) The canvassing board may employ such clerical help 98 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 to assist with the work of the board as it deems necessary, 2 with at least one member of the board present at all times, 3 until the canvass of the returns is completed. The clerical 4 help shall be paid from the same fund as inspectors and other 5 necessary election officials. 6 (8)(a) At the same time that the official results of 7 an election are certified to the Department of State, the 8 county canvassing board shall file a report with the Division 9 of Elections on the conduct of the election. The report must 10 describe: 11 1. All equipment or software malfunctions at the 12 precinct level, at a counting location, or within computer and 13 telecommunications networks supporting a county location, and 14 the steps that were taken to address the malfunctions; 15 2. All election definition errors that were discovered 16 after the logic and accuracy test, and the steps that were 17 taken to address the errors; 18 3. All ballot printing errors or ballot supply 19 problems, and the steps that were taken to address the errors 20 or problems; 21 4. All staffing shortages or procedural violations by 22 employees or precinct workers which were addressed by the 23 supervisor of elections or the county canvassing board during 24 the conduct of the election, and the steps that were taken to 25 correct such issues; 26 5. All instances where needs for staffing or equipment 27 were insufficient to meet the needs of the voters; and 28 6. Any additional information regarding material 29 issues or problems associated with the conduct of the 30 election. 31 (b) If a supervisor discovers new or additional 99 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 information on any of the items required to be included in the 2 report pursuant to paragraph (a) after the report is filed, 3 the supervisor shall notify the division that new information 4 has been discovered no later than the next business day after 5 the discovery and the supervisor shall file an amended report 6 signed by the supervisor of elections on the conduct of the 7 election within 10 days after the discovery. shall contain 8 information relating to any problems incurred as a result of 9 equipment malfunctions either at the precinct level or at a 10 counting location, any difficulties or unusual circumstances 11 encountered by an election board or the canvassing board, and 12 any other additional information which the canvassing board 13 feels should be made a part of the official election record. 14 (c) Such reports shall be maintained on file in the 15 Division of Elections and shall be available for public 16 inspection. The division shall utilize the reports submitted 17 by the canvassing boards to determine what problems may be 18 likely to occur in other elections and disseminate such 19 information, along with possible solutions, to the supervisors 20 of elections. 21 (9) The supervisor shall file with the department a 22 copy of or an export file from the results database of the 23 county's voting system and other statistical information as 24 may be required by the department, the Legislature, or the 25 Election Assistance Commission. The department shall adopt 26 rules establishing the required content and acceptable formats 27 for the filings and time for filings. 28 Section 59. Section 102.166, Florida Statutes, is 29 amended to read: 30 102.166 Manual recounts.-- 31 (1) If the second set of unofficial returns pursuant 100 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 to s. 102.141 indicates that a candidate for any office was 2 defeated or eliminated by one-quarter of a percent or less of 3 the votes cast for such office, that a candidate for retention 4 to a judicial office was retained or not retained by 5 one-quarter of a percent or less of the votes cast on the 6 question of retention, or that a measure appearing on the 7 ballot was approved or rejected by one-quarter of a percent or 8 less of the votes cast on such measure, the board responsible 9 for certifying the results of the vote on such race or measure 10 shall order a manual recount of the overvotes and undervotes 11 cast in the entire geographic jurisdiction of such office or 12 ballot measure. A manual recount may not be ordered, however, 13 if the number of overvotes, undervotes, and provisional 14 ballots is fewer than the number of votes needed to change the 15 outcome of the election. 16 (2)(a) If the second set of unofficial returns 17 pursuant to s. 102.141 indicates that a candidate for any 18 office was defeated or eliminated by between one-quarter and 19 one-half of a percent of the votes cast for such office, that 20 a candidate for retention to judicial office was retained or 21 not retained by between one-quarter and one-half of a percent 22 of the votes cast on the question of retention, or that a 23 measure appearing on the ballot was approved or rejected by 24 between one-quarter and one-half of a percent of the votes 25 cast on such measure, any such candidate, the political party 26 of such candidate, or any political committee that supports or 27 opposes such ballot measure is entitled to a manual recount of 28 the overvotes and undervotes cast in the entire geographic 29 jurisdiction of such office or ballot measure, provided that a 30 request for a manual recount is made by 5 p.m. on the third 31 day after the election. 101 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (b) For federal, statewide, state, and multicounty 2 races and ballot issues, requests for a manual recount shall 3 be made in writing to the state Elections Canvassing 4 Commission. For all other races and ballot issues, requests 5 for a manual recount shall be made in writing to the county 6 canvassing board. 7 (c) Upon receipt of a proper and timely request, the 8 Elections Canvassing Commission or county canvassing board 9 shall immediately order a manual recount of overvotes and 10 undervotes in all affected jurisdictions. 11 (2)(3)(a) Any hardware or software used to identify 12 and sort overvotes and undervotes for a given race or ballot 13 measure must be certified by the Department of State as part 14 of the voting system pursuant to s. 101.015. Any such hardware 15 or software must be capable of simultaneously counting votes. 16 For certified voting systems, the department shall certify 17 such hardware or software by July 1, 2002. If the department 18 is unable to certify such hardware or software for a certified 19 voting system by July 1, 2002, the department shall adopt 20 rules prescribing procedures for identifying and sorting such 21 overvotes and undervotes. The department's rules may provide 22 for the temporary use of hardware or software whose sole 23 function is identifying and sorting overvotes and undervotes. 24 (b) This subsection does not preclude the department 25 from certifying hardware or software after July 1, 2002. 26 (b)(c) Overvotes and undervotes shall be identified 27 and sorted while recounting ballots pursuant to s. 102.141, if 28 the hardware or software for this purpose has been certified 29 or the department's rules so provide. 30 (3)(4) Any manual recount shall be open to the public. 31 (4)(5)(a) A vote for a candidate or ballot measure 102 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 shall be counted if there is a clear indication on the ballot 2 that the voter has made a definite choice. 3 (b) The Department of State shall adopt specific rules 4 for each certified voting system prescribing what constitutes 5 a "clear indication on the ballot that the voter has made a 6 definite choice." The rules may not: 7 1. Exclusively provide that the voter must properly 8 mark or designate his or her choice on the ballot; or 9 2. Contain a catch-all provision that fails to 10 identify specific standards, such as "any other mark or 11 indication clearly indicating that the voter has made a 12 definite choice." 13 (5)(6) Procedures for a manual recount are as follows: 14 (a) The county canvassing board shall appoint as many 15 counting teams of at least two electors as is necessary to 16 manually recount the ballots. A counting team must have, when 17 possible, members of at least two political parties. A 18 candidate involved in the race shall not be a member of the 19 counting team. 20 (b) Each duplicate ballot prepared pursuant to s. 21 101.5614(5) or s. 102.141(6) shall be compared with the 22 original ballot to ensure the correctness of the duplicate. 23 (c) If a counting team is unable to determine whether 24 the ballot contains a clear indication that the voter has made 25 a definite choice, the ballot shall be presented to the county 26 canvassing board for a determination. 27 (d) The Department of State shall adopt detailed rules 28 prescribing additional recount procedures for each certified 29 voting system which shall be uniform to the extent 30 practicable. The rules shall address, at a minimum, the 31 following areas: 103 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 1. Security of ballots during the recount process; 2 2. Time and place of recounts; 3 3. Public observance of recounts; 4 4. Objections to ballot determinations; 5 5. Record of recount proceedings; and 6 6. Procedures relating to candidate and petitioner 7 representatives. 8 Section 60. Subsections (2) and (4) of section 9 102.168, Florida Statutes, are amended to read: 10 102.168 Contest of election.-- 11 (2) Such contestant shall file a complaint, together 12 with the fees prescribed in chapter 28, with the clerk of the 13 circuit court within 10 days after midnight of the date the 14 last board responsible for certifying the results officially 15 county canvassing board empowered to canvass the returns 16 certifies the results of the election being contested. 17 (4) The county canvassing board is an indispensable 18 and or Elections Canvassing Commission shall be the proper 19 party defendant in county and local elections; the Elections 20 Canvassing Commission is an indispensable and proper party 21 defendant in federal, state, and multicounty races;, and the 22 successful candidate is shall be an indispensable party to any 23 action brought to contest the election or nomination of a 24 candidate. 25 Section 61. Subsections (1) and (4) of section 26 103.021, Florida Statutes, are amended to read: 27 103.021 Nomination for presidential 28 electors.--Candidates for presidential electors shall be 29 nominated in the following manner: 30 (1) The Governor shall nominate the presidential 31 electors of each political party. The state executive 104 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 committee of each political party shall by resolution 2 recommend candidates for presidential electors and deliver a 3 certified copy thereof to the Governor before September 1 of 4 each presidential election year. The Governor He or she shall 5 nominate only the electors recommended by the state executive 6 committee of the respective political party. Each such 7 elector shall be a qualified elector of the party he or she 8 represents who has taken an oath that he or she will vote for 9 the candidates of the party that he or she is nominated to 10 represent. The Governor shall certify to the Department of 11 State on or before September 1, in each presidential election 12 year, the names of a number of electors for each political 13 party equal to the number of senators and representatives 14 which this state has in Congress. 15 (4)(a) A minor political party that is affiliated with 16 a national party holding a national convention to nominate 17 candidates for President and Vice President of the United 18 States may have the names of its candidates for President and 19 Vice President of the United States printed on the general 20 election ballot by filing with the Department of State a 21 certificate naming the candidates for President and Vice 22 President and listing the required number of persons to serve 23 as electors. Notification to the Department of State under 24 this subsection shall be made by September 1 of the year in 25 which the election is held. When the Department of State has 26 been so notified, it shall order the names of the candidates 27 nominated by the minor political party to be included on the 28 ballot and shall permit the required number of persons to be 29 certified as electors in the same manner as other party 30 candidates. As used in this section, the term "national party" 31 means a political party established and admitted to the ballot 105 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 in at least one state other than Florida. 2 (b) A minor political party that is not affiliated 3 with a national party holding a national convention to 4 nominate candidates for President and Vice President of the 5 United States may have the names of its candidates for 6 President and Vice President printed on the general election 7 ballot if a petition is signed by 1 percent of the registered 8 electors of this state, as shown by the compilation by the 9 Department of State for the preceding general election. A 10 separate petition from each county for which signatures are 11 solicited shall be submitted to the supervisors of elections 12 of the respective county no later than July 15 of each 13 presidential election year. The supervisor shall check the 14 names and, on or before the date of the first primary, shall 15 certify the number shown as registered electors of the county. 16 The supervisor shall be paid by the person requesting the 17 certification the cost of checking the petitions as prescribed 18 in s. 99.097. The supervisor shall then forward the 19 certificate to the Department of State, which shall determine 20 whether or not the percentage factor required in this section 21 has been met. When the percentage factor required in this 22 section has been met, the Department of State shall order the 23 names of the candidates for whom the petition was circulated 24 to be included on the ballot and shall permit the required 25 number of persons to be certified as electors in the same 26 manner as other party candidates. 27 Section 62. Section 103.051, Florida Statutes, is 28 amended to read: 29 103.051 Congress sets meeting dates of electors.--The 30 presidential electors shall, at noon on the day that which is 31 directed by Congress and at the time fixed by the Governor, 106 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 meet at Tallahassee and perform the duties required of them by 2 the Constitution and laws of the United States. 3 Section 63. Section 103.061, Florida Statutes, is 4 amended to read: 5 103.061 Meeting of electors and filling of 6 vacancies.--Each presidential elector shall, before 10 a.m. on 7 the day fixed by Congress to elect a President and Vice 8 President and at the time fixed by the Governor, give notice 9 to the Governor that the elector is in Tallahassee and ready 10 to perform the duties of presidential elector. The Governor 11 shall forthwith deliver to the presidential electors present a 12 certificate of the names of all the electors; and if, on 13 examination thereof, it should be found that one or more 14 electors are absent, the electors present shall elect by 15 ballot, in the presence of the Governor, a person or persons 16 to fill such vacancy or vacancies as may have occurred through 17 the nonattendance of one or more of the electors. 18 Section 64. Section 103.121, Florida Statutes, is 19 amended to read: 20 103.121 Powers and duties of executive committees.-- 21 (1)(a) Each state and county executive committee of a 22 political party shall have the power and duty: 23 1. To adopt a constitution by two-thirds vote of the 24 full committee. 25 2. To adopt such bylaws as it may deem necessary by 26 majority vote of the full committee. 27 3. To conduct its meetings according to generally 28 accepted parliamentary practice. 29 4. To make party nomination when required by law. 30 5. To conduct campaigns for party nominees. 31 6. To raise and expend party funds. Such funds may 107 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 not be expended or committed to be expended except after 2 written authorization by the chair of the state or county 3 executive committee. 4 (b) Except as otherwise provided in subsection (5), 5 The county executive committee shall receive payment of 6 assessments upon candidates to be voted for in a single county 7 except state senators and members of the House of 8 Representatives and representatives to the Congress of the 9 United States; and the state executive committees shall 10 receive all other assessments authorized. All party 11 assessments shall be 2 percent of the annual salary of the 12 office sought by the respective candidate. All such committee 13 assessments shall be remitted to the state executive committee 14 of the appropriate party and distributed in accordance with 15 subsection (5) (6). 16 (2) The state executive committee shall by resolution 17 recommend candidates for presidential electors and deliver a 18 certified copy thereof to the Governor prior to September 1 of 19 each presidential election year. 20 (2)(3) The chair and treasurer of an executive 21 committee of any political party shall be accountable for the 22 funds of such committee and jointly liable for their proper 23 expenditure for authorized purposes only. The chair and 24 treasurer of the state executive committee of any political 25 party shall furnish adequate bond, but not less than $10,000, 26 conditioned upon the faithful performance by such party 27 officers of their duties and for the faithful accounting for 28 party funds which shall come into their hands; and the chair 29 and treasurer of a county executive committee of a political 30 party shall furnish adequate bond, but not less than $5,000, 31 conditioned as aforesaid. A bond for the chair and treasurer 108 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 of the state executive committee of a political party shall be 2 filed with the Department of State. A bond for the chair and 3 treasurer of a county executive committee shall be filed with 4 the supervisor of elections. The funds of each such state 5 executive committee shall be publicly audited at the end of 6 each calendar year and a copy of such audit furnished to the 7 Department of State for its examination prior to April 1 of 8 the ensuing year. When filed with the Department of State, 9 copies of such audit shall be public documents. The treasurer 10 of each county executive committee shall maintain adequate 11 records evidencing receipt and disbursement of all party funds 12 received by him or her, and such records shall be publicly 13 audited at the end of each calendar year and a copy of such 14 audit filed with the supervisor of elections and the state 15 executive committee prior to April 1 of the ensuing year. 16 (3)(4) Any chair or treasurer of a state or county 17 executive committee of any political party who knowingly 18 misappropriates, or makes an unlawful expenditure of, or a 19 false or improper accounting for, the funds of such committee 20 is guilty of a felony of the third degree, punishable as 21 provided in s. 775.082, s. 775.083, or s. 775.084. 22 (4)(5)(a) The central committee or other equivalent 23 governing body of each state executive committee shall adopt a 24 rule which governs the time and manner in which the respective 25 county executive committees of such party may endorse, 26 certify, screen, or otherwise recommend one or more candidates 27 for such party's nomination for election. Upon adoption, such 28 rule shall provide the exclusive method by which a county 29 committee may so endorse, certify, screen, or otherwise 30 recommend. No later than the date on which qualifying for 31 public office begins pursuant to s. 99.061, the chair of each 109 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 county executive committee shall notify in writing the 2 supervisor of elections of his or her county whether the 3 county executive committee has endorsed or intends to endorse, 4 certify, screen, or otherwise recommend candidates for 5 nomination pursuant to party rule. A copy of such 6 notification shall be provided to the Secretary of State and 7 to the chair of the appropriate state executive committee. Any 8 county executive committee that endorses or intends to 9 endorse, certify, screen, or otherwise recommend one or more 10 candidates for nomination shall forfeit all party assessments 11 which would otherwise be returned to the county executive 12 committee; and such assessments shall be remitted instead to 13 the state executive committee of such party, the provisions of 14 paragraph (1)(b) to the contrary notwithstanding. No such 15 funds so remitted to the state executive committee shall be 16 paid, returned, or otherwise disbursed to the county executive 17 committee under any circumstances. Any county executive 18 committee that is in violation of any party rule after 19 receiving the party assessment shall remit such party 20 assessment to the state executive committee. 21 (b) Any state executive committee that endorses or 22 intends to endorse, certify, screen, or otherwise recommend 23 one or more candidates for nomination shall forfeit all party 24 assessments which would otherwise be returned to the state 25 executive committee; and such assessments shall be remitted 26 instead to the General Revenue Fund of the state. Any state 27 executive committee that is in violation of this section after 28 receiving the party assessment shall remit such party 29 assessment to the General Revenue Fund of the state. 30 (5)(6) The state chair of each state executive 31 committee shall return the 2-percent committee assessment for 110 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 county candidates to the appropriate county executive 2 committees only upon receipt of a written statement that such 3 county executive committee chooses not to endorse, certify, 4 screen, or otherwise recommend one or more candidates for such 5 party's nomination for election and upon the state chair's 6 determination that the county executive committee is in 7 compliance with all Florida statutes and all state party 8 rules, bylaws, constitutions, and requirements. 9 Section 65. Section 105.031, Florida Statutes, is 10 amended to read: 11 105.031 Qualification; filing fee; candidate's oath; 12 items required to be filed.-- 13 (1) TIME OF QUALIFYING.--Except for candidates for 14 judicial office, nonpartisan candidates for multicounty office 15 shall qualify with the Division of Elections of the Department 16 of State and nonpartisan candidates for countywide or less 17 than countywide office shall qualify with the supervisor of 18 elections. Candidates for judicial office other than the 19 office of county court judge shall qualify with the Division 20 of Elections of the Department of State, and candidates for 21 the office of county court judge shall qualify with the 22 supervisor of elections of the county. Candidates for 23 judicial office shall qualify no earlier than noon of the 24 120th day, and no later than noon of the 116th day, before the 25 first primary election. Candidates for the office of school 26 board member shall qualify no earlier than noon of the 50th 27 day, and no later than noon of the 46th day, before the first 28 primary election. Filing shall be on forms provided for that 29 purpose by the Division of Elections and furnished by the 30 appropriate qualifying officer. Any person seeking to qualify 31 by the petition process alternative method, as set forth in s. 111 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 105.035, who if the person has submitted the necessary 2 petitions by the required deadline and is notified after the 3 fifth day prior to the last day for qualifying that the 4 required number of signatures has been obtained, shall be 5 entitled to subscribe to the candidate's oath and file the 6 qualifying papers at any time within 5 days from the date he 7 or she is notified that the necessary number of signatures has 8 been obtained. Any person other than a write-in candidate who 9 qualifies within the time prescribed in this subsection shall 10 be entitled to have his or her name printed on the ballot. 11 (2) FILING IN GROUPS OR DISTRICTS.--Candidates shall 12 qualify in groups or districts where multiple offices are to 13 be filled. 14 (3) QUALIFYING FEE.--Each candidate qualifying for 15 election to a judicial office or the office of school board 16 member, except write-in judicial or school board candidates, 17 shall, during the time for qualifying, pay to the officer with 18 whom he or she qualifies a qualifying fee, which shall consist 19 of a filing fee and an election assessment, or qualify by the 20 petition process alternative method. The amount of the filing 21 fee is 3 percent of the annual salary of the office sought. 22 The amount of the election assessment is 1 percent of the 23 annual salary of the office sought. The Department of State 24 shall forward all filing fees to the Department of Revenue for 25 deposit in the Elections Commission Trust Fund. The 26 supervisor of elections shall forward all filing fees to the 27 Elections Commission Trust Fund. The election assessment 28 shall be deposited into the Elections Commission Trust Fund. 29 The annual salary of the office for purposes of computing the 30 qualifying fee shall be computed by multiplying 12 times the 31 monthly salary authorized for such office as of July 1 112 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 immediately preceding the first day of qualifying. This 2 subsection shall not apply to candidates qualifying for 3 retention to judicial office. 4 (4) CANDIDATE'S OATH.-- 5 (a) All candidates for the office of school board 6 member shall subscribe to the oath as prescribed in s. 99.021. 7 (b) All candidates for judicial office shall subscribe 8 to an oath or affirmation in writing to be filed with the 9 appropriate qualifying officer upon qualifying. A printed 10 copy of the oath or affirmation shall be furnished to the 11 candidate by the qualifying officer and shall be in 12 substantially the following form: 13 14 State of Florida 15 County of .... 16 Before me, an officer authorized to administer oaths, 17 personally appeared ...(please print name as you wish it to 18 appear on the ballot)..., to me well known, who, being sworn, 19 says he or she: is a candidate for the judicial office of 20 ....; that his or her legal residence is .... County, Florida; 21 that he or she is a qualified elector of the state and of the 22 territorial jurisdiction of the court to which he or she seeks 23 election; that he or she is qualified under the constitution 24 and laws of Florida to hold the judicial office to which he or 25 she desires to be elected or in which he or she desires to be 26 retained; that he or she has taken the oath required by ss. 27 876.05-876.10, Florida Statutes; that he or she has qualified 28 for no other public office in the state, the term of which 29 office or any part thereof runs concurrent to the office he or 30 she seeks; and that he or she has resigned from any office 31 which he or she is required to resign pursuant to s. 99.012, 113 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Florida Statutes. 2 ...(Signature of candidate)... 3 ...(Address)... 4 5 Sworn to and subscribed before me this .... day of ...., 6 ...(year)..., at .... County, Florida. 7 ...(Signature and title of officer administering oath)... 8 9 (5) ITEMS REQUIRED TO BE FILED.-- 10 (a) In order for a candidate for judicial office or 11 the office of school board member to be qualified, the 12 following items must be received by the filing officer by the 13 end of the qualifying period: 14 1. Except for candidates for retention to judicial 15 office, a properly executed check drawn upon the candidate's 16 campaign account in an amount not less than the fee required 17 by subsection (3) or, in lieu thereof, the copy of the notice 18 of obtaining ballot position pursuant to s. 105.035. If a 19 candidate's check is returned by the bank for any reason, the 20 filing officer shall immediately notify the candidate and the 21 candidate shall, the end of qualifying notwithstanding, have 22 48 hours from the time such notification is received, 23 excluding Saturdays, Sundays, and legal holidays, to pay the 24 fee with a cashier's check purchased from funds of the 25 campaign account. Failure to pay the fee as provided in this 26 subparagraph shall disqualify the candidate. 27 2. The candidate's oath required by subsection (4), 28 which must contain the name of the candidate as it is to 29 appear on the ballot; the office sought, including the 30 district or group number if applicable; and the signature of 31 the candidate, duly acknowledged. 114 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 3. The loyalty oath required by s. 876.05, signed by 2 the candidate and duly acknowledged. 3 4. The completed form for the appointment of campaign 4 treasurer and designation of campaign depository, as required 5 by s. 106.021. In addition, each candidate for judicial 6 office, including an incumbent judge, shall file a statement 7 with the qualifying officer, within 10 days after filing the 8 appointment of campaign treasurer and designation of campaign 9 depository, stating that the candidate has read and 10 understands the requirements of the Florida Code of Judicial 11 Conduct. Such statement shall be in substantially the 12 following form: 13 14 Statement of Candidate for Judicial Office 15 16 I, ...(name of candidate)..., a judicial candidate, have 17 received, read, and understand the requirements of the Florida 18 Code of Judicial Conduct. 19 ...(Signature of candidate)... 20 ...(Date)... 21 22 5. The full and public disclosure of financial 23 interests required by s. 8, Art. II of the State Constitution 24 or the statement of financial interests required by s. 25 112.3145, whichever is applicable. A public officer who has 26 filed the full and public disclosure or statement of financial 27 interests with the Commission on Ethics or the supervisor of 28 elections prior to qualifying for office may file a copy of 29 that disclosure at the time of qualifying. 30 (b) If the filing officer receives qualifying papers 31 that do not include all items as required by paragraph (a) 115 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 prior to the last day of qualifying, the filing officer shall 2 make a reasonable effort to notify the candidate of the 3 missing or incomplete items and shall inform the candidate 4 that all required items must be received by the close of 5 qualifying. A candidate's name as it is to appear on the 6 ballot may not be changed after the end of qualifying. 7 (6) Notwithstanding the qualifying period prescribed 8 in this section, a filing officer may accept and hold 9 qualifying papers submitted not earlier than 14 days prior to 10 the beginning of the qualifying period, to be processed and 11 filed during the qualifying period. 12 Section 66. Section 105.035, Florida Statutes, is 13 amended to read: 14 105.035 Petition process Alternative method of 15 qualifying for certain judicial offices and the office of 16 school board member.-- 17 (1) A person seeking to qualify for election to the 18 office of circuit judge or county court judge or the office of 19 school board member may qualify for election to such office by 20 means of the petitioning process prescribed in this section. 21 A person qualifying by this petition process is alternative 22 method shall not be required to pay the qualifying fee 23 required by this chapter. A person using this petitioning 24 process shall file an oath with the officer before whom the 25 candidate would qualify for the office stating that he or she 26 intends to qualify by this alternative method for the office 27 sought. Such oath shall be filed at any time after the first 28 Tuesday after the first Monday in January of the year in which 29 the election is held, but prior to the 21st day preceding the 30 first day of the qualifying period for the office sought. The 31 form of such oath shall be prescribed by the Division of 116 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Elections. No signatures shall be obtained until the person 2 has filed the oath prescribed in this subsection. 3 (2) The Upon receipt of a written oath from a 4 candidate, the qualifying officer shall provide the candidate 5 with a petition format shall be prescribed by the Division of 6 Elections and shall to be used by the candidate to reproduce 7 petitions for circulation. If the candidate is running for an 8 office that which will be grouped on the ballot with two or 9 more similar offices to be filled at the same election, the 10 candidate's petition must indicate, prior to the obtaining of 11 registered electors' signatures, for which group or district 12 office the candidate is running. 13 (3) Each candidate for election to a judicial office 14 or the office of school board member shall obtain the 15 signature of a number of qualified electors equal to at least 16 1 percent of the total number of registered electors of the 17 district, circuit, county, or other geographic entity 18 represented by the office sought as shown by the compilation 19 by the Department of State for the last preceding general 20 election. A separate petition shall be circulated for each 21 candidate availing himself or herself of the provisions of 22 this section. Signatures may not be obtained until the 23 candidate has filed the appointment of campaign treasurer and 24 designation of campaign depository pursuant to s. 106.021. 25 (4)(a) Each candidate seeking to qualify for election 26 to the office of circuit judge or the office of school board 27 member from a multicounty school district pursuant to this 28 section shall file a separate petition from each county from 29 which signatures are sought. Each petition shall be 30 submitted, prior to noon of the 28th 21st day preceding the 31 first day of the qualifying period for the office sought, to 117 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 the supervisor of elections of the county for which such 2 petition was circulated. Each supervisor of elections to whom 3 a petition is submitted shall check the signatures on the 4 petition to verify their status as electors of that county and 5 of the geographic area represented by the office sought. No 6 later than the seventh day before Prior to the first date for 7 qualifying, the supervisor shall certify the number shown as 8 registered electors and submit such certification to the 9 Division of Elections. The division shall determine whether 10 the required number of signatures has been obtained for the 11 name of the candidate to be placed on the ballot and shall 12 notify the candidate. If the required number of signatures 13 has been obtained, the candidate shall, during the time 14 prescribed for qualifying for office, submit a copy of such 15 notice and file his or her qualifying papers and oath 16 prescribed in s. 105.031 with the Division of Elections. Upon 17 receipt of the copy of such notice and qualifying papers, the 18 division shall certify the name of the candidate to the 19 appropriate supervisor or supervisors of elections as having 20 qualified for the office sought. 21 (b) Each candidate seeking to qualify for election to 22 the office of county court judge or the office of school board 23 member from a single county school district pursuant to this 24 section shall submit his or her petition, prior to noon of the 25 28th 21st day preceding the first day of the qualifying period 26 for the office sought, to the supervisor of elections of the 27 county for which such petition was circulated. The supervisor 28 shall check the signatures on the petition to verify their 29 status as electors of the county and of the geographic area 30 represented by the office sought. No later than the seventh 31 day before Prior to the first date for qualifying, the 118 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 supervisor shall determine whether the required number of 2 signatures has been obtained for the name of the candidate to 3 be placed on the ballot and shall notify the candidate. If 4 the required number of signatures has been obtained, the 5 candidate shall, during the time prescribed for qualifying for 6 office, submit a copy of such notice and file his or her 7 qualifying papers and oath prescribed in s. 105.031 with the 8 qualifying officer. Upon receipt of the copy of such notice 9 and qualifying papers, such candidate shall be entitled to 10 have his or her name printed on the ballot. 11 Section 67. Section 106.022, Florida Statutes, is 12 created to read: 13 106.022 Appointment of a registered agent; duties.-- 14 (1) Each political committee, committee of continuous 15 existence, or electioneering communications entity shall have 16 and continuously maintain in this state a registered office 17 and a registered agent and must file with the division a 18 statement of appointment for the registered office and 19 registered agent. The statement of appointment must: 20 (a) Provide the name of the registered agent and the 21 street address and phone number for the registered office; 22 (b) Identify the entity for whom the registered agent 23 serves; 24 (c) Designate the address the registered agent wishes 25 to use to receive mail; 26 (d) Include the entity's undertaking to inform the 27 division of any change in such designated address; 28 (e) Provide for the registered agent's acceptance of 29 the appointment, which must confirm that the registered agent 30 is familiar with and accepts the obligations of the position 31 as set forth in this section; and 119 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (f) Contain the signature of the registered agent and 2 the entity engaging the registered agent. 3 (2) An entity may change its appointment of registered 4 agent and registered office under this section by executing a 5 written statement of change that identifies the former 6 registered agent and registered address and also satisfies all 7 of the requirements of subsection (1). 8 (3) A registered agent may resign his or her 9 appointment as registered agent by executing a written 10 statement of resignation and filing it with the division. An 11 entity without a registered agent may not make expenditures or 12 accept contributions until it files a written statement of 13 change as required in subsection (2). 14 Section 68. Subsection (6) of section 106.08, Florida 15 Statutes, is amended to read: 16 106.08 Contributions; limitations on.-- 17 (6) A political party may not accept any contribution 18 which has been specifically designated for the partial or 19 exclusive use of a particular candidate. Any contribution so 20 designated must be returned to the contributor and may not be 21 used or expended by or on behalf of the candidate. Also, a 22 political party may not accept any in-kind contribution that 23 fails to provide a direct benefit to the political party. A 24 "direct benefit" includes, but is not limited to, fundraising 25 or furthering the objectives of the political party. 26 Section 69. Subsection (6) of section 106.24, Florida 27 Statutes, is amended to read: 28 106.24 Florida Elections Commission; membership; 29 powers; duties.-- 30 (6) There is hereby established in the State Treasury 31 an Elections Commission Trust Fund to be utilized by the 120 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 Division of Elections and the Florida Elections Commission in 2 order to carry out their duties pursuant to ss. 106.24-106.28. 3 The trust fund may also be used by the Secretary of State 4 division, pursuant to his or her its authority under s. 5 97.012(14) s. 106.22(11), to provide rewards for information 6 leading to criminal convictions related to voter registration 7 fraud, voter fraud, and vote scams. 8 Section 70. Subsection (6) of section 106.141, Florida 9 Statutes, is amended to read: 10 106.141 Disposition of surplus funds by candidates.-- 11 (6) Prior to disposing of funds pursuant to subsection 12 (4) or transferring funds into an office account pursuant to 13 subsection (5), any candidate who filed an oath stating that 14 he or she was unable to pay the election assessment or fee for 15 verification of petition signatures without imposing an undue 16 burden on his or her personal resources or on resources 17 otherwise available to him or her, or who filed both such 18 oaths, or who qualified by the petition process alternative 19 method and was not required to pay an election assessment, 20 shall reimburse the state or local governmental entity, 21 whichever is applicable, for such waived assessment or fee or 22 both. Such reimbursement shall be made first for the cost of 23 petition verification and then, if funds are remaining, for 24 the amount of the election assessment. If there are 25 insufficient funds in the account to pay the full amount of 26 either the assessment or the fee or both, the remaining funds 27 shall be disbursed in the above manner until no funds remain. 28 All funds disbursed pursuant to this subsection shall be 29 remitted to the qualifying officer. Any reimbursement for 30 petition verification costs which are reimbursable by the 31 state shall be forwarded by the qualifying officer to the 121 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 state for deposit in the General Revenue Fund. All 2 reimbursements for the amount of the election assessment shall 3 be forwarded by the qualifying officer to the Department of 4 State for deposit in the General Revenue Fund. 5 Section 71. Section 98.122, Florida Statutes, is 6 transferred and renumbered as section 106.165, Florida 7 Statutes. 8 Section 72. Section 106.22, Florida Statutes, is 9 amended to read: 10 106.22 Duties of the Division of Elections.--It is the 11 duty of the Division of Elections to: 12 (1) Prescribe forms for statements and other 13 information required to be filed by this chapter. Such forms 14 shall be furnished by the Department of State or office of the 15 supervisor of elections to persons required to file such 16 statements and information with such agency. 17 (2) Prepare and publish manuals or brochures setting 18 forth recommended uniform methods of bookkeeping and 19 reporting, and including appropriate portions of the election 20 code, for use by persons required by this chapter to file 21 statements. 22 (3) Develop a filing, coding, and cross-indexing 23 system consonant with the purposes of this chapter. 24 (4) Preserve statements and other information required 25 to be filed with the division pursuant to this chapter for a 26 period of 10 years from date of receipt. 27 (5) Prepare and publish such reports as it may deem 28 appropriate. 29 (6) Make, from time to time, audits and field 30 investigations with respect to reports and statements filed 31 under the provisions of this chapter and with respect to 122 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 alleged failures to file any report or statement required 2 under the provisions of this chapter. The division shall 3 conduct a postelection audit of the campaign accounts of all 4 candidates receiving contributions from the Election Campaign 5 Financing Trust Fund. 6 (7) Report to the Florida Elections Commission any 7 failure to file a report or information required by this 8 chapter or any apparent violation of this chapter. 9 (8) Employ such personnel or contract for such 10 services as are necessary to adequately carry out the intent 11 of this chapter. 12 (9) Prescribe rules and regulations to carry out the 13 provisions of this chapter. Such rules shall be prescribed 14 pursuant to chapter 120. 15 (10) Make an annual report to the President of the 16 Senate and the Speaker of the House of Representatives 17 concerning activities of the division and recommending 18 improvements in the election code. 19 (11) Conduct preliminary investigations into any 20 irregularities or fraud involving voter registration or voting 21 and report its findings to the state attorney for the judicial 22 circuit in which the alleged violation occurred for 23 prosecution, where warranted. The Department of State may 24 prescribe by rule requirements for filing a complaint of voter 25 fraud and for investigating any such complaint. 26 (10)(12) Conduct random audits with respect to reports 27 and statements filed under this chapter and with respect to 28 alleged failure to file any reports and statements required 29 under this chapter. 30 Section 73. Subsection (1) of section 16.56, Florida 31 Statutes, is amended to read: 123 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 16.56 Office of Statewide Prosecution.-- 2 (1) There is created in the Department of Legal 3 Affairs an Office of Statewide Prosecution. The office shall 4 be a separate "budget entity" as that term is defined in 5 chapter 216. The office may: 6 (a) Investigate and prosecute the offenses of: 7 1. Bribery, burglary, criminal usury, extortion, 8 gambling, kidnapping, larceny, murder, prostitution, perjury, 9 robbery, carjacking, and home-invasion robbery; 10 2. Any crime involving narcotic or other dangerous 11 drugs; 12 3. Any violation of the provisions of the Florida RICO 13 (Racketeer Influenced and Corrupt Organization) Act, including 14 any offense listed in the definition of racketeering activity 15 in s. 895.02(1)(a), providing such listed offense is 16 investigated in connection with a violation of s. 895.03 and 17 is charged in a separate count of an information or indictment 18 containing a count charging a violation of s. 895.03, the 19 prosecution of which listed offense may continue independently 20 if the prosecution of the violation of s. 895.03 is terminated 21 for any reason; 22 4. Any violation of the provisions of the Florida 23 Anti-Fencing Act; 24 5. Any violation of the provisions of the Florida 25 Antitrust Act of 1980, as amended; 26 6. Any crime involving, or resulting in, fraud or 27 deceit upon any person; 28 7. Any violation of s. 847.0135, relating to computer 29 pornography and child exploitation prevention, or any offense 30 related to a violation of s. 847.0135; 31 8. Any violation of the provisions of chapter 815; 124 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 9. Any criminal violation of part I of chapter 499; 2 10. Any violation of the provisions of the Florida 3 Motor Fuel Tax Relief Act of 2004; or 4 11. Any criminal violation of s. 409.920 or s. 5 409.9201; or 6 12. Any crime involving voter registration, voting, or 7 candidate or issue petition activities; 8 9 or any attempt, solicitation, or conspiracy to commit any of 10 the crimes specifically enumerated above. The office shall 11 have such power only when any such offense is occurring, or 12 has occurred, in two or more judicial circuits as part of a 13 related transaction, or when any such offense is connected 14 with an organized criminal conspiracy affecting two or more 15 judicial circuits. 16 (b) Upon request, cooperate with and assist state 17 attorneys and state and local law enforcement officials in 18 their efforts against organized crimes. 19 (c) Request and receive from any department, division, 20 board, bureau, commission, or other agency of the state, or of 21 any political subdivision thereof, cooperation and assistance 22 in the performance of its duties. 23 Section 74. Subsection (5) of section 119.07, Florida 24 Statutes, is amended to read: 25 119.07 Inspection and copying of records; 26 photographing public records; fees; exemptions.-- 27 (5) When ballots are produced under this section for 28 inspection or examination, no persons other than the 29 supervisor of elections or the supervisor's employees shall 30 touch the ballots. If the ballots are being examined before 31 the end of the contest period in s. 102.168, the supervisor of 125 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 elections shall make a reasonable effort to notify all 2 candidates by telephone or otherwise of the time and place of 3 the inspection or examination. All such candidates, or their 4 representatives, shall be allowed to be present during the 5 inspection or examination. 6 Section 75. Subsection (3) of section 145.09, Florida 7 Statutes, is amended to read: 8 145.09 Supervisor of elections.-- 9 (3)(a) There shall be an additional $2,000 per year 10 special qualification salary for each supervisor of elections 11 who has met the certification requirements established by the 12 Division of Elections of the Department of State. The 13 Department of State shall adopt rules to establish the 14 certification requirements. Any supervisor who is certified 15 during a calendar year shall receive in that year a pro rata 16 share of the special qualification salary based on the 17 remaining period of the year. 18 (b) In order to qualify for the special qualification 19 salary described in paragraph (a), the supervisor must 20 complete the requirements established by the Division of 21 Elections within 6 years after first taking office. 22 (c) After a supervisor meets the requirements of 23 paragraph (a), in order to remain certified the supervisor 24 shall thereafter be required to complete each year a course of 25 continuing education as prescribed by the division. 26 Section 76. Effective July 1, 2005, section 104.0615, 27 Florida Statutes, is created to read: 28 104.0615 Voter intimidation or suppression prohibited; 29 criminal penalties.-- 30 (1) This section may be cited as the "Voter Protection 31 Act." 126 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 (2) A person may not directly or indirectly use or 2 threaten to use force, violence, or intimidation or any tactic 3 of coercion or intimidation to induce or compel an individual 4 to: 5 (a) Vote or refrain from voting; 6 (b) Vote or refrain from voting for any particular 7 individual or ballot measure; 8 (c) Refrain from registering to vote; or 9 (d) Refrain from acting as a legally authorized 10 election official or poll watcher. 11 (3) A person may not knowingly use false information 12 to: 13 (a) Challenge an individual's right to vote; 14 (b) Induce or attempt to induce an individual to 15 refrain from voting or registering to vote; or 16 (c) Induce or attempt to induce an individual to 17 refrain from acting as a legally authorized election official 18 or poll watcher. 19 (4) A person may not knowingly destroy, mutilate, or 20 deface a voter registration form or election ballot or 21 obstruct or delay the delivery of a voter registration form or 22 election ballot. 23 (5) A person who violates subsection (2), subsection 24 (3), or subsection (4) commits a felony of the third degree, 25 punishable as provided in s. 775.082, s. 775.083, or s. 26 775.084. 27 Section 77. Sections 98.095, 98.0979, 98.181, 98.481, 28 101.253, 101.635, 102.061, 106.085, and 106.144, Florida 29 Statutes, are repealed. 30 Section 78. If any provision of this act or its 31 application to any person or circumstance is held invalid, the 127 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 invalidity does not affect other provisions or applications of 2 the act which can be given effect without the invalid 3 provision or application, and to this end the provisions of 4 this act are severable. 5 Section 79. Except as otherwise expressly provided in 6 this act and except for this section, which shall take effect 7 July 1, 2005, this act shall take effect January 1, 2006. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to elections; amending s. 17 97.012, F.S.; authorizing the Secretary of 18 State to investigate voter fraud; authorizing 19 the Department of State to adopt rules; 20 amending s. 97.021, F.S.; defining the term 21 "marksense ballots"; defining the terms "early 22 voting area," "early voting site," and 23 "third-party voter registration organization"; 24 amending s. 97.051, F.S.; revising the oath 25 required upon registering to vote; amending s. 26 97.052, F.S.; revising the contents of the 27 uniform statewide voter registration 28 application; amending s. 97.053, F.S.; revising 29 provisions governing the acceptance of voter 30 registration applications by the supervisor of 31 elections; requiring that an applicant complete 128 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 a registration application before the date of 2 book closing in order to be eligible to vote in 3 that election; revising the information 4 required on the registration application; 5 amending s. 97.055, F.S.; limiting the updates 6 that may be made to registration information 7 following book closing; creating s. 97.0575, 8 F.S.; providing requirements for third-party 9 voter registration organizations that collect 10 voter-registration applications; providing 11 fines for failure to deliver applications as 12 required; authorizing the Division of Elections 13 to adopt rules to administer provisions 14 governing third-party voter registration 15 organizations; amending s. 97.071, F.S.; 16 specifying the information to be included on 17 the registration identification card; amending 18 s. 98.045, F.S.; deleting a cross-reference; 19 amending s. 98.077, F.S.; revising the 20 procedures for updating a voter signature used 21 to verify an absentee ballot or provisional 22 ballot; amending s. 99.061, F.S.; providing for 23 qualifying for nomination or election by the 24 petition process; requiring the filing of 25 statements of financial interest; requiring 26 that a qualifying officer accept certain 27 qualifying papers filed before the qualifying 28 period; amending s. 99.063, F.S.; providing 29 filing requirements for public officers; 30 amending s. 99.092, F.S., relating to 31 qualifying fees; clarifying provisions 129 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 governing qualifying for nomination or election 2 by the petition process to conform to changes 3 made by the act; amending s. 99.095, F.S.; 4 revising the requirements for qualifying as a 5 candidate by a petition process in lieu of 6 paying a qualifying fee and party assessment; 7 providing requirements for submitting petitions 8 and certifications; requiring that the division 9 or supervisor of elections, as applicable, 10 determine whether the required number of 11 signatures has been obtained; amending s. 12 99.0955, F.S.; providing procedures for a 13 candidate having no party affiliation to 14 qualify by the petition process; amending s. 15 99.096, F.S.; revising the procedures for a 16 minor political party to submit nominated 17 candidates to be on the general election 18 ballot; providing for candidates to qualify by 19 the petition process; amending s. 99.09651, 20 F.S., relating to signature requirements for 21 ballot position; conforming provisions to 22 changes made by the act; amending s. 100.011, 23 F.S.; requiring that an elector in line at the 24 time the polls close be allowed to vote; 25 amending s. 100.101, F.S.; revising the 26 circumstances under which a special election or 27 primary is held; amending s. 100.111, F.S.; 28 revising requirements for filling a vacancy in 29 a nomination; requiring that ballots cast for a 30 former nominee be counted for the person 31 designated to replace the nominee under certain 130 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 circumstances; amending s. 100.141, F.S., 2 relating to the notice of a special election; 3 conforming provisions to changes made by the 4 act; amending s. 101.031, F.S.; revising the 5 Voter's Bill of Rights to authorize a 6 provisional ballot if a person's identity is in 7 question; amending s. 101.043, F.S.; revising 8 the procedures for a voter to provide 9 identification when voting; amending s. 10 101.048, F.S.; providing for certain additional 11 voters to cast provisional ballots; providing 12 requirements for presenting evidence in support 13 of a person's right to vote; requiring that the 14 county canvassing board count such a ballot 15 unless it determines by a preponderance of the 16 evidence that the person was not entitled to 17 vote; requiring that a person casting a 18 provisional ballot be informed of certain 19 rights; amending s. 101.049, F.S.; providing 20 requirements for ballots for persons with 21 disabilities; amending s. 101.051, F.S.; 22 prohibiting certain solicitations to provide 23 assistance to an elector; providing a penalty; 24 authorizing an elector to request that a person 25 other than an election official provide him or 26 her with assistance in voting; providing for 27 the form of the oath to be signed; amending s. 28 101.111, F.S.; revising the requirements for 29 challenging an elector's right to vote; 30 providing a penalty for filing a frivolous 31 challenge; amending s. 101.131, F.S.; revising 131 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 requirements for poll watchers; authorizing 2 certain political committees to have poll 3 watchers; prohibiting a poll watcher from 4 interacting with a voter; providing for poll 5 watchers at early voting areas; amending s. 6 101.151, F.S.; providing requirements for 7 marksense ballots; amending s. 101.171, F.S.; 8 requiring that a copy of a proposed 9 constitutional amendment be available at voting 10 locations; amending s. 101.294, F.S.; 11 prohibiting a vendor of voting equipment from 12 providing systems, components, or system 13 upgrades to a local governing body or 14 supervisor of elections which have not been 15 certified by the Division of Elections; 16 requiring that the vendor provide sworn 17 certification of such equipment; amending s. 18 101.295, F.S.; providing a penalty for 19 providing voting equipment in violation of ch. 20 101, F.S.; amending s. 101.49, F.S.; revising 21 the procedures for verifying an elector's 22 signature; amending s. 101.51, F.S.; requiring 23 that an elector occupy a voting booth alone; 24 amending s. 101.5606, F.S., relating to 25 requirements for approval of voting systems, to 26 conform; amending s. 101.5608, F.S., relating 27 to voting by electronic or electromechanical 28 methods, to conform; amending s. 101.5612, 29 F.S.; providing requirements for testing voting 30 equipment; amending s. 101.5614, F.S.; 31 correcting a cross-reference; amending s. 132 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 101.572, F.S.; requiring that the supervisor of 2 elections notify the candidates if ballots are 3 examined before the end of the contest; 4 amending s. 101.58, F.S.; authorizing employees 5 of the department to have access to the 6 premises, records, equipment, and staff of the 7 supervisors of elections; amending s. 101.595, 8 F.S.; requiring that certain overvotes and 9 undervotes be reported to the department; 10 amending s. 101.6103, F.S.; authorizing the 11 canvassing board to begin canvassing before the 12 election; prohibiting the release of results 13 before election day; providing a penalty for 14 any early release of results; requiring that a 15 mail ballot that otherwise satisfies the 16 requirements of law for mail ballots be counted 17 even if the elector dies after mailing the 18 ballot but before election day if certain 19 conditions are met; amending s. 101.62, F.S.; 20 revising the requirements for mailing absentee 21 ballots to voters; amending s. 101.64, F.S.; 22 providing for an oath to be provided to persons 23 voting absentee under the Uniformed and 24 Overseas Citizens Absentee Voting Act; amending 25 s. 101.657, F.S.; revising requirements 26 relating to early voting locations; revising 27 the times to begin and end early voting and the 28 times for opening and closing the early voting 29 sites each day; providing for uniformity of 30 county early voting sites; requiring any person 31 in line at the closing of an early voting site 133 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 to be allowed to vote; providing for early 2 voting in municipal and special district 3 elections; requiring supervisors to provide 4 certain information in electronic format to the 5 Division of Elections; requiring that an early 6 voting ballot that otherwise satisfies the 7 requirements of law for early voting ballots be 8 counted even if the elector dies on or before 9 election day; amending s. 101.663, F.S.; 10 providing for certain persons to vote absentee 11 after moving to another state; amending s. 12 101.68, F.S.; prohibiting changing a voter's 13 certificate after the absentee ballot is 14 received by the supervisor; providing that 15 electors who die on or before election day and 16 have cast an absentee ballot shall remain on 17 the voter registration books until the election 18 is certified; providing that the ballot of an 19 elector who casts an absentee ballot shall be 20 counted even if the elector dies on or before 21 election day if certain conditions are met; 22 amending s. 101.69, F.S.; prohibiting a voter 23 from voting another ballot after casting an 24 absentee ballot; providing for a provisional 25 ballot under certain circumstances; amending s. 26 101.6923, F.S.; providing for the form of the 27 printed instructions on an absentee ballot; 28 amending s. 101.694, F.S.; providing 29 requirements for absentee envelopes printed for 30 voters voting under the Uniformed and Overseas 31 Citizens Absentee Voting Act; amending s. 134 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 101.697, F.S.; requiring the Department of 2 State to determine whether secure electronic 3 ballots may be provided for overseas voters; 4 requiring that the department adopt rules for 5 accepting overseas ballots; amending s. 6 102.012, F.S.; requiring the supervisor of 7 elections to appoint an election board before 8 any election; providing duties of the board; 9 amending s. 102.014, F.S.; requiring that the 10 Division of Elections develop a uniform 11 training curriculum for poll workers; amending 12 s. 102.031, F.S.; providing requirements for 13 maintaining order at early voting areas; 14 requiring the designation of a no-solicitation 15 zone; prohibiting photography in a polling room 16 or early voting area; amending s. 102.071, 17 F.S.; revising requirements for tabulating 18 votes; amending s. 102.111, F.S.; providing for 19 corrections to be made to the official election 20 returns; amending s. 102.112, F.S.; requiring 21 that a return contain a certification by the 22 canvassing board; authorizing the Department of 23 State to correct typographical errors; amending 24 s. 102.141, F.S.; revising requirements for the 25 canvassing boards in submitting returns to the 26 department; providing requirements for the 27 report filed by the canvassing board; requiring 28 the department to adopt rules for filing 29 results and statistical information; amending 30 s. 102.166, F.S.; revising the circumstances 31 under which a manual recount may be ordered; 135 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 amending s. 102.168, F.S.; requiring that 2 complaints be filed with the board responsible 3 for certifying the election results; specifying 4 the parties to an action who may contest an 5 election or nomination; amending s. 103.021, 6 F.S.; providing for nomination of presidential 7 electors by the state executive committee of 8 each political party; defining the term 9 "national party" for purposes of nominating a 10 candidate for President and Vice President of 11 the United States; amending ss. 103.051 and 12 103.061, F.S.; specifying duties of the 13 presidential electors; amending s. 103.121, 14 F.S.; revising powers and duties of executive 15 committees to conform to changes made by the 16 act; amending s. 105.031, F.S.; providing for 17 public officers to file a statement of 18 financial interests at the time of qualifying; 19 requiring that a filing officer accept certain 20 qualifying papers filed before the qualifying 21 period; amending s. 105.035, F.S.; revising 22 procedures for qualifying for certain judicial 23 offices and the office of school board member; 24 prohibiting a candidate from obtaining 25 signatures until appointing a campaign 26 treasurer and designating a campaign 27 depository; revising the requirements for the 28 supervisor of elections with respect to 29 certifying signatures; creating s. 106.022, 30 F.S.; requiring that a political committee, 31 committee of continuous existence, or 136 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 electioneering communications entity maintain a 2 registered office and registered agent; 3 providing requirements for the statement of 4 appointment; prohibiting political parties from 5 accepting certain in-kind contributions; 6 amending s. 106.24, F.S.; clarifying the duties 7 of the Secretary of State; amending s. 106.141, 8 F.S., relating to the disposition of surplus 9 funds; conforming provisions to changes made by 10 the act; transferring and renumbering s. 11 98.122, F.S., relating to the use of closed 12 captioning and descriptive narrative in 13 television broadcasts; amending s. 106.22, 14 F.S.; eliminating certain duties of the 15 Division of Elections with respect to reports 16 to the Legislature and preliminary 17 investigations; amending s. 16.56, F.S.; 18 authorizing the Office of Statewide Prosecution 19 to investigate and prosecute crimes involving 20 voter registration, voting, or certain petition 21 activities; amending s. 119.07, F.S.; 22 clarifying requirements of the supervisor of 23 elections with respect to notifying candidates 24 of the inspection of ballots; amending s. 25 145.09, F.S.; requiring that the Department of 26 State adopt rules establishing certification 27 requirements for supervisors of elections; 28 creating s. 104.0615, F.S.; providing a short 29 title; prohibiting a person from using or 30 threatening to use force, violence, or 31 intimidation to induce or compel an individual 137 2:49 PM 05/04/05 h156703e1d-24-k8u
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1567, 1st Eng. Barcode 391872 1 to vote or refrain from voting, to refrain from 2 registering to vote, or to refrain from acting 3 as an election official or poll watcher; 4 prohibiting a person from knowingly using false 5 information to challenge an individual's right 6 to vote, to induce an individual to refrain 7 from registering to vote, or to induce or 8 attempt to induce an individual to refrain from 9 acting as an election official or poll watcher; 10 prohibiting a person from knowingly destroying, 11 mutilating, or defacing a voter registration 12 form or election ballot or obstructing or 13 delaying the delivery of a voter registration 14 form or election ballot; providing criminal 15 penalties; repealing ss. 98.095, 98.0979, 16 98.181, 98.481, 101.253, 101.635, 102.061, 17 106.085, and 106.144, F.S., relating to 18 inspections of county registers and the voter 19 database, indexes and records, challenges to 20 elections, the printing and distribution of 21 ballots, duties of the election board, 22 expenditures, and endorsements or opposition by 23 certain groups; providing for severability; 24 providing effective dates. 25 26 27 28 29 30 31 138 2:49 PM 05/04/05 h156703e1d-24-k8u