HB 1567

CS

CHAMBER ACTION

1	The Ethics & Elections Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to elections; amending s. 97.012, F.S.;
7	revising duties of the Secretary of State as chief
8	election officer; amending s. 97.021, F.S.; revising
9	definitions; creating s. 97.029, F.S.; relating to the
10	award of attorney's fees and costs in proceedings
11	challenging election or voter registration law; amending
12	s. 97.051, F.S.; revising the oath a person must take to
13	register to vote; amending s. 97.052, F.S.; revising
14	provisions relating to the uniform statewide voter
15	registration application; removing the requirement that
16	the uniform statewide voter registration application must
17	contain certain homestead exemption information; amending
18	s. 97.053, F.S.; revising criteria for a voter
19	registration application to be deemed complete; specifying
20	where an initial voter registration application may be
21	mailed; amending s. 97.055, F.S.; providing for permitted
22	updates once registration books are closed; creating s.
23	97.0575, F.S.; regulating third-party voter registrations
24	and registration organizations; requiring third-party
25	voter registration organizations to name a registered
26	agent and submit certain information to the Division of
27	Elections; providing for a fiduciary duty of the third-
28	party voter registration organization to the applicant;
29	providing for joint and several liability for a breach of
30	fiduciary duty; specifying fines; authorizing the division
31	to investigate certain violations; providing for collected
32	fines to be set aside by the division in a trust fund;
33	authorizing the division to adopt certain rules; amending
34	s. 98.045, F.S.; correcting a cross reference; amending s.
35	98.077, F.S.; providing for signature updates for use in
36	verifying absentee and provisional ballots; providing a
37	deadline for the supervisor of elections to receive voter
38	signature updates; amending s. 99.061, F.S.; amending to
39	conform; revising a financial disclosure requirement for
40	candidate qualification; providing a submission deadline
41	for qualifying papers; amending s. 99.063, F.S.; revising
42	a financial disclosure requirement for certain designated
43	candidates; amending s. 99.092, F.S., relating to
44	qualifying fees of candidates, to conform; amending s.
45	99.095, F.S.; providing for a petition process in lieu of
46	a qualifying fee and party assessment; providing
47	requirements for signatures and petition format; providing
48	submission deadlines; amending s. 99.0955, F.S.; revising
49	provisions relating to candidates with no party
50	affiliation; amending to conform; deleting obsolete
51	provisions; amending s. 99.096, F.S.; revising filing
52	requirements of minor political party candidates; amending
53	to conform; deleting obsolete provisions; amending s.
54	99.09651, F.S., relating to signature requirements for
55	ballot position in a year of apportionment, to conform;
56	amending s. 100.011, F.S.; requiring electors in line at
57	the official closing of the polls to be allowed to vote;
58	amending s. 100.101, F.S.; deleting a provision requiring
59	a special election to be held if a vacancy occurs in
60	nomination; amending s. 100.111, F.S.; revising
61	requirements relating to filling candidate vacancies;
62	deleting provisions relating to a prohibition of qualified
63	candidates to fill a vacancy in nomination; deleting
64	obsolete provisions; amending s. 100.141, F.S.; conforming
65	provisions relating to vacancies in nomination and
66	qualifying by an alternative method; amending s. 101.031,
67	F.S.; revising the voter's bill of rights to allow for an
68	elector whose identity in question to cast a provisional
69	ballot and to remove the right for an elector to prove
70	identity by signing an affidavit; amending s. 101.043,
71	F.S., relating to identification required at polls, to
72	conform; amending s. 101.048, F.S.; providing a person
73	casting a provisional ballot the right to present certain
74	eligibility evidence by a certain date; providing for the
75	county canvassing board to review provisional ballot
76	voter's certificates and affirmations; providing a
77	standard of review; revising the provisional ballot
78	voter's certificate and affirmation form; revising
79	provisions relating to casting provisional ballots by
80	electronic means; amending s. 101.049, F.S.; providing for
81	provisional ballots and persons with disabilities;
82	amending s. 101.051, F.S.; prohibiting solicitation of
83	assistance to electors with certain disabilities at
84	certain locations; providing a penalty; requiring a person
85	providing an elector assistance to vote to take a
86	specified oath; amending s. 101.111, F.S.; revising the
87	oath taken by persons challenging the right of a person to
88	vote; deleting the oath required to be taken by a person
89	whose right to vote was challenged and allowing that
90	person to cast a provisional ballot; providing a
91	prohibition against and penalty for frivolous challenges;
92	amending s. 101.131, F.S.; allowing certain poll watchers
93	in early voting areas and polling rooms; providing
94	limitations and restrictions on behavior of poll watchers;
95	providing deadlines regarding designation and approval of
96	poll watchers; amending s. 101.151, F.S.; replacing paper
97	ballots with marksense ballots and accompanying
98	specifications; amending s. 101.171, F.S.; requiring a
99	copy of constitutional amendments to be available at
100	polling locations in poster or booklet form; amending s.
101	101.294, F.S.; prohibiting a vendor of voting equipment
102	from providing an uncertified voting system or upgrade;
103	providing for certification of voting systems and
104	upgrades; amending s. 101.295, F.S.; providing a penalty;
105	amending s. 101.49, F.S.; revising the procedure of
106	election officers where signatures differ; amending s.
107	101.51, F.S., relating to electors' occupation of booths,
108	to conform; amending s. 101.5606, F.S., relating to
109	requirements for approval of voting systems, to conform;
110	amending s. 101.5608, F.S., relating to voting by
111	electronic or electromechanical methods, to conform;
112	amending s. 101.5612, F.S.; providing for additional
113	testing of voting systems under certain circumstances;
114	amending s. 101.5614, F.S.; correcting a cross reference;
115	amending s. 101.572, F.S.; revising a provision relating
116	to the public inspection of ballots; amending s. 101.58,
117	F.S.; authorizing any Department of State employee full
118	access to all premises, records, equipment, and staff of
119	the supervisor of elections; amending s. 101.595, F.S.;
120	providing for the reporting of overvotes and undervotes in
121	races for President and Vice President and Governor and
122	Lieutenant Governor or, alternatively, other races
123	appearing first on the ballot; amending s. 101.6103, F.S.;
124	correcting a cross reference; authorizing canvassing
125	boards to begin canvassing mail ballots before the
126	election; providing a time when the results may be
127	released; providing a penalty; amending s. 101.62, F.S.;
128	revising provisions relating to the deadline by which the
129	supervisor of elections must receive a request for an
130	absentee ballot to be mailed to a voter; requiring
131	absentee ballots to be mailed by a certain time; requiring
132	information relating to absentee receipt and delivery
133	dates to be available to the voter requesting the ballot;
134	providing for unavailable regular absentee ballots for
135	overseas electors; providing a deadline by which an
136	absentee ballot request may be fulfilled by personal
137	delivery; amending s. 101.64, F.S.; providing for a
138	certain oath to be provided to overseas electors in lieu
139	of a voter's certificate; amending s. 101.657, F.S.;
140	revising requirements relating to early voting locations;
141	revising the deadline to end early voting; providing for
142	uniformity of county early voting sites; requiring any
143	person in line at the closing of an early voting site to
144	be allowed to vote; providing for early voting in
145	municipal and special district elections; amending s.
146	101.663, F.S.; revising provisions relating to certain
147	electors who move to another state; amending s. 101.68,
148	F.S.; providing that an absentee ballot is deemed to have
149	been cast once it has been received by the supervisor;
150	amending s. 101.69, F.S.; revising a provision relating to
151	voting in person by electors who have requested absentee
152	ballots; amending s. 101.6923, F.S.; revising a provision
153	relating to special absentee ballot instructions for
154	certain voters; amending s. 101.694, F.S.; requiring
155	certain absentee envelopes to meet specifications as
156	determined by a certain federal program; amending s.
157	101.697, F.S.; providing a condition on the department's
158	ability to accept certain election materials by electronic
159	transmission from overseas voters; amending s. 102.012,
160	F.S.; revising provisions to require supervisors of
161	election to appoint one election board for each precinct;
162	requiring each supervisor to furnish inspectors of
163	election in each precinct with the list of registered
164	voters for the precinct; amending s. 102.014, F.S.;
165	requiring the division to develop a uniform training
166	curriculum for poll workers; revising grounds upon which a
167	supervisor shall replace an inspector or clerk; revising
168	requirements relating to the provisions and availability
169	of a uniform polling place procedures manual; amending s.
170	102.031, F.S.; revising a provision relating to
171	maintenance of good order at polls, authorities, persons
172	allowed in polling rooms, and unlawful solicitation of
173	voters to apply to early voting areas; prohibiting a
174	person from bringing a camera into a polling room or early
175	voting area; increasing the distance for the no
176	solicitation zone; providing for the designation of the no
177	solicitation zone; amending s. 102.071, F.S.; requiring
178	each supervisor of elections to make certain information
179	publicly available; authorizing the Division of Elections
180	to adopt rules relating to the provision of certain
181	information; providing for civil penalties; decreasing the
182	certificates of the results needed to one; amending s.
183	102.111, F.S.; providing for typographical errors in
184	official county returns to be certified by the Elections
185	Canvassing Commission; amending s. 102.112, F.S.;
186	requiring the county returns to contain a certain
187	certification; authorizing the department to correct
188	typographical errors in county returns; amending s.
189	102.141, F.S.; revising provisions relating to county
190	canvassing boards and their duties; requiring that the
191	county canvassing board be responsible for ordering county
192	and local recounts; revising deadlines relating to
193	submission of unofficial returns; adding procedure and
194	content requirements relating to county canvassing boards'
195	reports on conduct of elections; requiring the supervisor
196	of elections to file or export files to the department
197	from election results and other statistical information as
198	may be requested by the department, the Legislature, and
199	the Election Assistance Commission; requiring the
200	department to adopt rules establishing the required
201	content and acceptable formats for certain filings;
202	amending s. 102.166, F.S.; revising provisions relating to
203	manual recounts; amending s. 102.168, F.S.; revising
204	proper party defendants in actions contesting the election
205	or nomination of a candidate; amending s. 103.021, F.S.;
206	requiring the state executive committee of each political
207	party to recommend candidates for presidential electors to
208	the Governor using a specified procedure; providing
209	definitions; amending ss. 103.051 and 103.061, F.S.;
210	revising certain meeting and notice times of the
211	presidential electors; amending s. 103.121, F.S.; revising
212	the powers and duties of executive committees; amending s.
213	105.031, F.S.; exempting school board candidates from
214	qualifying fee requirements; revising requirements
215	relating to financial interest statements made by public
216	officers; providing a time by which a qualifying officer
217	may accept and hold certain qualifying papers; amending s.
218	105.035, F.S.; renaming the "alternative method" of
219	qualifying for certain offices as the "petition process";
220	removing provisions requiring a person seeking to qualify
221	by the petition process to file a certain oath; providing
222	a limitation upon elector signatures needed by certain
223	candidates; revising deadlines; transferring s. 98.122,
224	F.S., relating to closed caption television broadcasting
225	requirements, and renumbering the section as s. 106.165,
226	F.S.; amending s. 106.22, F.S.; revising the duties of the
227	Division of Elections to remove the duty to conduct
228	certain investigations and make subsequent reports;
229	amending s. 106.29, F.S., relating to the powers and
230	duties of the Florida Elections Commission, to conform;
231	amending s. 16.56, F.S.; authorizing the Office of
232	Statewide Prosecution to investigate and prosecute the
233	offenses of crimes involving voter registration, voting,
234	or candidate or issue petition activities; amending s.
235	112.3145, F.S.; deleting the requirement to file a copy of
236	disclosure for qualification; amending s. 119.07, F.S.;
237	placing a condition on when the supervisor of elections
238	shall notify certain candidates of ballot inspection;
239	amending s. 145.09, F.S.; requiring the Department of
240	State to adopt rules establishing certification
241	requirements of supervisors of elections; repealing s.
242	98.095, F.S., relating to county registers open to
243	inspection and copies; repealing s. 98.0979, F.S.;
244	relating to the statewide voter registration database's
245	being open to inspection and copies; repealing s. 98.181,
246	F.S., relating to supervisors of elections making up
247	indexes or records; repealing s. 98.481, F.S., relating to
248	challenge to electors; repealing s. 101.253, F.S.;
249	relating to when names are not to be printed on ballots;
250	repealing s. 101.635, F.S.; relating to distribution of
251	blocks of printed ballots; repealing s. 102.061, F.S.;
252	relating to duties of election board, counting, and
253	closing polls; repealing s. 106.085, F.S., relating to
254	independent expenditures, prohibited unfair surprise,
255	notice requirements, and a penalty; repealing s. 106.144,
256	F.S.; relating to endorsements or opposition by certain
257	groups and organizations; providing for severability;
258	providing an effective date.
259
260	Be It Enacted by the Legislature of the State of Florida:
261
262	Section 1.  Section 97.012, Florida Statutes, is amended to
263	read:
264	97.012  Secretary of State as chief election officer.--The
265	Secretary of State is the chief election officer of the state,
266	and it is his or her responsibility to:
267	(1)  Obtain and maintain uniformity in the application,
268	operation, and interpretation of the election laws.
269	(2)  Provide uniform standards for the proper and equitable
270	implementation of the registration laws.
271	(3)  Actively seek out and collect the data and statistics
272	necessary to knowledgeably scrutinize the effectiveness of
273	election laws.
274	(4)  Provide technical assistance to the supervisors of
275	elections on voter education and election personnel training
276	services.
277	(5)  Provide technical assistance to the supervisors of
278	elections on voting systems.
279	(6)  Provide voter education assistance to the public.
280	Voter education activities of the department or the department
281	in combination with the supervisors of elections, either
282	individually or in the aggregate, or with their respective
283	professional associations, are not subject to the competitive
284	solicitation requirements of s. 287.057(5).
285	(7)  Coordinate the state's responsibilities under the
286	National Voter Registration Act of 1993.
287	(8)  Provide training to all affected state agencies on the
288	necessary procedures for proper implementation of this chapter.
289	(9)  Ensure that all registration applications and forms
290	prescribed or approved by the department are in compliance with
291	the Voting Rights Act of 1965 and the National Voter
292	Registration Act of 1993.
293	(10)  Coordinate with the United States Department of
294	Defense so that armed forces recruitment offices administer
295	voter registration in a manner consistent with the procedures
296	set forth in this code for voter registration agencies.
297	(11)  Create and maintain a statewide voter registration
298	system in accordance with the Help America Vote Act of 2002
299	database.
300	(12)  Maintain a voter fraud hotline and provide election
301	fraud education to the public.
302	(13)  Designate an office within the department to be
303	responsible for providing information regarding voter
304	registration procedures and absentee ballot procedures to absent
305	uniformed services voters and overseas voters.
306	(14)  Conduct preliminary investigations into any
307	irregularities or fraud involving voter registration, voting, or
308	candidate or issue petition activities and report its findings
309	to the statewide prosecutor or the state attorney for the
310	judicial circuit in which the alleged violation occurred for
311	prosecution, where warranted. The department may prescribe by
312	rule requirements for filing an elections fraud complaint and
313	for investigating any such complaint.
314	Section 2.  Section 97.021, Florida Statutes, is amended to
315	read:
316	97.021  Definitions.--For the purposes of this code, except
317	where the context clearly indicates otherwise, the term:
318	(1)  "Absent elector" means any registered and qualified
319	voter who casts an absentee ballot.
320	(2)  "Alternative formats" has the meaning ascribed in the
321	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
322	U.S.C. ss. 12101 et seq., including specifically the technical
323	assistance manuals promulgated thereunder, as amended.
324	(3)  "Ballot" or "official ballot" when used in reference
325	to:
326	(a)  "Marksense Paper ballots" means that printed sheet of
327	paper, used in conjunction with an electronic or
328	electromechanical vote tabulation voting system, containing the
329	names of candidates, or a statement of proposed constitutional
330	amendments or other questions or propositions submitted to the
331	electorate at any election, on which sheet of paper an elector
332	casts his or her vote.
333	(b)  "Electronic or electromechanical devices" means a
334	ballot that is voted by the process of electronically
335	designating, including by touchscreen, or marking with a marking
336	device for tabulation by automatic tabulating equipment or data
337	processing equipment.
338	(4)  "Candidate" means any person to whom any one or more
339	of the following applies:
340	(a)  Any person who seeks to qualify for nomination or
341	election by means of the petitioning process.
342	(b)  Any person who seeks to qualify for election as a
343	write-in candidate.
344	(c)  Any person who receives contributions or makes
345	expenditures, or gives his or her consent for any other person
346	to receive contributions or make expenditures, with a view to
347	bringing about his or her nomination or election to, or
348	retention in, public office.
349	(d)  Any person who appoints a treasurer and designates a
350	primary depository.
351	(e)  Any person who files qualification papers and
352	subscribes to a candidate's oath as required by law.
353
354	However, this definition does not include any candidate for a
355	political party executive committee.
356	(5)  "Department" means the Department of State.
357	(6)  "Division" means the Division of Elections of the
358	Department of State.
359	(7)  "Early voting" means casting a ballot prior to
360	election day at a location designated by the supervisor of
361	elections and depositing the voted ballot in the tabulation
362	system.
363	(8)  "Early voting area" means the area designated by the
364	supervisor of elections at an early voting site at which early
365	voting activities occur including, but not limited to, lines of
366	voters waiting to be processed, the area where voters check in
367	and are processed, and the area where voters cast their ballots.
368	(9)  "Early voting site" means those locations specified in
369	s. 101.657 and is the building in which early voting occurs.
370	(10)(8)  "Election" means any primary election, special
371	primary election, special election, general election, or
372	presidential preference primary election.
373	(11)(9)  "Election board" means the clerk and inspectors
374	appointed to conduct an election.
375	(12)(10)  "Election costs" shall include, but not be
376	limited to, expenditures for all paper supplies such as
377	envelopes, instructions to voters, affidavits, reports, ballot
378	cards, ballot booklets for absentee voters, postage, notices to
379	voters; advertisements for registration book closings, testing
380	of voting equipment, sample ballots, and polling places; forms
381	used to qualify candidates; polling site rental and equipment
382	delivery and pickup; data processing time and supplies; election
383	records retention; and labor costs, including those costs
384	uniquely associated with absentee ballot preparation, poll
385	workers, and election night canvass.
386	(13)(11)  "Elector" is synonymous with the word "voter" or
387	"qualified elector or voter," except where the word is used to
388	describe presidential electors.
389	(14)(12)  "General election" means an election held on the
390	first Tuesday after the first Monday in November in the even-
391	numbered years, for the purpose of filling national, state,
392	county, and district offices and for voting on constitutional
393	amendments not otherwise provided for by law.
394	(15)(13)  "Lists of registered electors" means copies of
395	printed lists of registered electors, computer tapes or disks,
396	or any other device used by the supervisor of elections to
397	maintain voter records.
398	(16)(14)  "Member of the Merchant Marine" means an
399	individual, other than a member of a uniformed service or an
400	individual employed, enrolled, or maintained on the Great Lakes
401	for the inland waterways, who is:
402	(a)  Employed as an officer or crew member of a vessel
403	documented under the laws of the United States, a vessel owned
404	by the United States, or a vessel of foreign-flag registry under
405	charter to or control of the United States; or
406	(b)  Enrolled with the United States for employment or
407	training for employment, or maintained by the United States for
408	emergency relief service, as an officer or crew member of such
409	vessel.
410	(17)(15)  "Minor political party" is any group as defined
411	in this subsection which on January 1 preceding a primary
412	election does not have registered as members 5 percent of the
413	total registered electors of the state. Any group of citizens
414	organized for the general purposes of electing to office
415	qualified persons and determining public issues under the
416	democratic processes of the United States may become a minor
417	political party of this state by filing with the department a
418	certificate showing the name of the organization, the names of
419	its current officers, including the members of its executive
420	committee, and a copy of its constitution or bylaws. It shall be
421	the duty of the minor political party to notify the department
422	of any changes in the filing certificate within 5 days of such
423	changes.
424	(18)(16)  "Newspaper of general circulation" means a
425	newspaper printed in the language most commonly spoken in the
426	area within which it circulates and which is readily available
427	for purchase by all inhabitants in the area of circulation, but
428	does not include a newspaper intended primarily for members of a
429	particular professional or occupational group, a newspaper the
430	primary function of which is to carry legal notices, or a
431	newspaper that is given away primarily to distribute
432	advertising.
433	(19)(17)  "Nominal value" means having a retail value of
434	$10 or less.
435	(20)(18)  "Nonpartisan office" means an office for which a
436	candidate is prohibited from campaigning or qualifying for
437	election or retention in office based on party affiliation.
438	(21)(19)  "Office that serves persons with disabilities"
439	means any state office that takes applications either in person
440	or over the telephone from persons with disabilities for any
441	program, service, or benefit primarily related to their
442	disabilities.
443	(22)(20)  "Overseas voter" means:
444	(a)  Members of the uniformed services while in the active
445	service who are permanent residents of the state and are
446	temporarily residing outside the territorial limits of the
447	United States and the District of Columbia;
448	(b)  Members of the Merchant Marine of the United States
449	who are permanent residents of the state and are temporarily
450	residing outside the territorial limits of the United States and
451	the District of Columbia; and
452	(c)  Other citizens of the United States who are permanent
453	residents of the state and are temporarily residing outside the
454	territorial limits of the United States and the District of
455	Columbia,
456
457	who are qualified and registered to vote as provided by law.
458	(23)(21)  "Overvote" means that the elector marks or
459	designates more names than there are persons to be elected to an
460	office or designates more than one answer to a ballot question,
461	and the tabulator records no vote for the office or question.
462	(24)(22)  "Persons with disabilities" means individuals who
463	have a physical or mental impairment that substantially limits
464	one or more major life activities.
465	(25)(23)  "Polling place" is the building which contains
466	the polling room where ballots are cast.
467	(26)(24)  "Polling room" means the actual room in which
468	ballots are cast on election day and during early voting.
469	(27)(25)  "Primary election" means an election held
470	preceding the general election for the purpose of nominating a
471	party nominee to be voted for in the general election to fill a
472	national, state, county, or district office. The first primary
473	is a nomination or elimination election; the second primary is a
474	nominating election only.
475	(28)(26)  "Provisional ballot" means a conditional ballot,
476	the validity of which is determined by the canvassing board.
477	(29)(27)  "Public assistance" means assistance provided
478	through the food stamp program; the Medicaid program; the
479	Special Supplemental Food Program for Women, Infants, and
480	Children; and the WAGES Program.
481	(30)(28)  "Public office" means any federal, state, county,
482	municipal, school, or other district office or position which is
483	filled by vote of the electors.
484	(31)(29)  "Qualifying educational institution" means any
485	public or private educational institution receiving state
486	financial assistance which has, as its primary mission, the
487	provision of education or training to students who are at least
488	18 years of age, provided such institution has more than 200
489	students enrolled in classes with the institution and provided
490	that the recognized student government organization has
491	requested this designation in writing and has filed the request
492	with the office of the supervisor of elections in the county in
493	which the institution is located.
494	(32)(30)  "Special election" is a special election called
495	for the purpose of voting on a party nominee to fill a vacancy
496	in the national, state, county, or district office.
497	(33)(31)  "Special primary election" is a special
498	nomination election designated by the Governor, called for the
499	purpose of nominating a party nominee to be voted on in a
500	general or special election.
501	(34)(32)  "Supervisor" means the supervisor of elections.
502	(35)(33)  "Tactile input device" means a device that
503	provides information to a voting system by means of a voter
504	touching the device, such as a keyboard, and that complies with
505	the requirements of s. 101.56062(1)(k) and (l).
506	(36)  "Third-party voter registration organization" means
507	any person, entity, or organization soliciting or collecting
508	voter registration applications. A third-party voter
509	registration organization does not include any person who solely
510	seeks to register to vote or collect voter registration
511	applications from that person's spouse, child, or parent or any
512	person engaged in registering to vote or collecting voter
513	registration applications as an employee or agent of the
514	division, supervisor of elections, Department of Highway Safety
515	and Motor Vehicles, or voter registration agency.
516	(37)(34)  "Undervote" means that the elector does not
517	properly designate any choice for an office or ballot question,
518	and the tabulator records no vote for the office or question.
519	(38)(35)  "Uniformed services" means the Army, Navy, Air
520	Force, Marine Corps, and Coast Guard, the commissioned corps of
521	the Public Health Service, and the commissioned corps of the
522	National Oceanic and Atmospheric Administration.
523	(39)(36)  "Voter interface device" means any device that
524	communicates voting instructions and ballot information to a
525	voter and allows the voter to select and vote for candidates and
526	issues.
527	(40)(37)  "Voter registration agency" means any office that
528	provides public assistance, any office that serves persons with
529	disabilities, any center for independent living, or any public
530	library.
531	(41)(38)  "Voting booth" or "booth" means that booth or
532	enclosure wherein an elector casts his or her ballot for
533	tabulation by an electronic or electromechanical device.
534	(42)(39)  "Voting system" means a method of casting and
535	processing votes that functions wholly or partly by use of
536	electromechanical or electronic apparatus or by use of marksense
537	paper ballots and includes, but is not limited to, the
538	procedures for casting and processing votes and the programs,
539	operating manuals, supplies tabulating cards, printouts, and
540	other software necessary for the system's operation.
541	Section 3.  Section 97.029, Florida Statutes, is created to
542	read:
543	97.029  Attorney's fees and costs.--
544	(1)  An award of attorney's fees and costs shall be made to
545	the prevailing party in any court or administrative proceeding,
546	including any action for injunctive relief, challenging the
547	application, interpretation, or constitutionality of any
548	election or voter registration law.
549	(2)(a)  The term "attorney's fees and costs" means the
550	reasonable and necessary attorney's fees and costs incurred for
551	all preparations, motions, hearings, trials, and appeals in a
552	proceeding.
553	(b)  The term "prevailing party" means the party that has
554	received a final judgment or order in its favor and such
555	judgment or order has not been reversed on appeal or the time
556	for seeking judicial review of the judgment or order has
557	expired. Where an action has been voluntarily dismissed or
558	dismissed pursuant to a settlement of the case, there shall be
559	no prevailing party.
560	(3)  Within 60 days after the date that a party becomes a
561	prevailing party, the attorney for the prevailing party shall
562	submit an itemized affidavit to the court that first conducted
563	the adversarial proceeding in the underlying action or to the
564	Division of Administrative Hearings, which shall assign an
565	administrative law judge in the case of a proceeding pursuant to
566	chapter 120. The affidavit shall detail the nature and extent of
567	the services rendered by the attorney as well as the costs
568	incurred in preparations, motions, hearings, and appeals in the
569	proceeding.
570	(4)  The court or the administrative law judge in the case
571	of a proceeding under chapter 120 shall promptly conduct an
572	evidentiary hearing on the application for an award of
573	attorney's fees and shall issue a judgment or a final order in
574	the case of an administrative law judge. The final order of an
575	administrative law judge is reviewable in accordance with the
576	provisions of s. 120.68. If the court affirms the award of
577	attorney's fees and costs in whole or in part, it may, in its
578	discretion, award additional attorney's fees and costs for the
579	appeal.
580	(5)  No party shall be required to pay an award of
581	attorney's fees and costs pursuant to this section in an amount
582	exceeding $200,000.
583	Section 4.  Section 97.051, Florida Statutes, is amended to
584	read:
585	97.051  Oath upon registering.--A person registering to
586	vote must subscribe to the following oath: "I do solemnly swear
587	(or affirm) that I will protect and defend the Constitution of
588	the United States and the Constitution of the State of Florida,
589	that I am qualified to register as an elector under the
590	Constitution and laws of the State of Florida, and that all
591	information provided in this application is true I am a citizen
592	of the United States and a legal resident of Florida."
593	Section 5.  Section 97.052, Florida Statutes, is amended to
594	read:
595	97.052  Uniform statewide voter registration application.--
596	(1)  The department shall prescribe a uniform statewide
597	voter registration application for use in this state.
598	(a)  The uniform statewide voter registration application
599	must be accepted for any one or more of the following purposes:
600	1.  Initial registration.
601	2.  Change of address.
602	3.  Change of party affiliation.
603	4.  Change of name.
604	5.  Replacement of voter registration identification card.
605	6.  Signature update.
606	(b)  The department is responsible for printing the uniform
607	statewide voter registration application and the voter
608	registration application form prescribed by the Federal Election
609	Assistance Commission pursuant to federal law the National Voter
610	Registration Act of 1993. The applications and forms must be
611	distributed, upon request, to the following:
612	1.  Individuals seeking to register to vote.
613	2.  Individuals or groups conducting voter registration
614	programs. A charge of 1 cent per application shall be assessed
615	on requests for 10,000 or more applications.
616	3.  The Department of Highway Safety and Motor Vehicles.
617	4.  Voter registration agencies.
618	5.  Armed forces recruitment offices.
619	6.  Qualifying educational institutions.
620	7.  Supervisors, who must make the applications and forms
621	available in the following manner:
622	a.  By distributing the applications and forms in their
623	offices to any individual or group.
624	b.  By distributing the applications and forms at other
625	locations designated by each supervisor.
626	c.  By mailing the applications and forms to applicants
627	upon the request of the applicant.
628	(c)  The uniform statewide voter registration application
629	may be reproduced by any private individual or group, provided
630	the reproduced application is in the same format as the
631	application prescribed under this section.
632	(2)  The uniform statewide voter registration application
633	must be designed to elicit the following information from the
634	applicant:
635	(a)  Full name.
636	(b)  Date of birth.
637	(c)  Address of legal residence.
638	(d)  Mailing address, if different.
639	(e)  County of legal residence.
640	(f)  Address of property for which the applicant has been
641	granted a homestead exemption, if any.
642	(f)(g)  Race or ethnicity that best describes the
643	applicant:
644	1.  American Indian or Alaskan Native.
645	2.  Asian or Pacific Islander.
646	3.  Black, not Hispanic.
647	4.  White, not Hispanic.
648	5.  Hispanic.
649	(g)(h)  State or country of birth.
650	(h)(i)  Sex.
651	(i)(j)  Party affiliation.
652	(j)(k)  Whether the applicant needs assistance in voting.
653	(k)(l)  Name and address where last registered.
654	(l)(m)  Last four digits of the applicant's social security
655	number.
656	(m)(n)  Florida driver's license number or the
657	identification number from a Florida identification card issued
658	under s. 322.051.
659	(n)(o)  Telephone number (optional).
660	(o)(p)  Signature of applicant under penalty for false
661	swearing pursuant to s. 104.011, by which the person subscribes
662	to the oath required by s. 3, Art. VI of the State Constitution
663	and s. 97.051, and swears or affirms that the information
664	contained in the registration application is true.
665	(p)(q)  Whether the application is being used for initial
666	registration, to update a voter registration record, or to
667	request a replacement registration identification card.
668	(q)(r)  Whether the applicant is a citizen of the United
669	States by asking the question "Are you a citizen of the United
670	States of America?" and providing boxes for the applicant to
671	check to indicate whether the applicant is or is not a citizen
672	of the United States.
673	(r)(s)  Whether That the applicant has not been convicted
674	of a felony and or, if convicted, has had his or her civil
675	rights restored by including the statement "I affirm I am not a
676	convicted felon, or if I am, my rights relating to voting have
677	been restored" and providing a box for the applicant to check to
678	affirm the statement.
679	(s)(t)  Whether That the applicant has not been adjudicated
680	mentally incapacitated with respect to voting or, if so
681	adjudicated, has had his or her right to vote restored by
682	including the statement "I affirm I have not been adjudicated
683	mentally incapacitated with respect to voting or, if I have, my
684	competency has been restored" and providing a box for the
685	applicant to check to affirm the statement.
686
687	The registration form must be in plain language and designed so
688	that convicted felons whose civil rights have been restored and
689	persons who have been adjudicated mentally incapacitated and
690	have had their voting rights restored are not required to reveal
691	their prior conviction or adjudication.
692	(3)  The uniform statewide voter registration application
693	must also contain:
694	(a)  The oath required by s. 3, Art. VI of the State
695	Constitution and s. 97.051.
696	(b)  A statement specifying each eligibility requirement
697	under s. 97.041.
698	(c)  The penalties provided in s. 104.011 for false
699	swearing in connection with voter registration.
700	(d)  A statement that, if an applicant declines to register
701	to vote, the fact that the applicant has declined to register
702	will remain confidential and may be used only for voter
703	registration purposes.
704	(e)  A statement that informs the applicant who chooses to
705	register to vote or update a voter registration record that the
706	office at which the applicant submits a voter registration
707	application or updates a voter registration record will remain
708	confidential and may be used only for voter registration
709	purposes.
710	(f)  A statement that informs the applicant that any person
711	who has been granted a homestead exemption in this state, and
712	who registers to vote in any precinct other than the one in
713	which the property for which the homestead exemption has been
714	granted, shall have that information forwarded to the property
715	appraiser where such property is located, which may result in
716	the person's homestead exemption being terminated and the person
717	being subject to assessment of back taxes under s. 193.092,
718	unless the homestead granted the exemption is being maintained
719	as the permanent residence of a legal or natural dependent of
720	the owner and the owner resides elsewhere.
721	(f)(g)  A statement informing the applicant that if the
722	form is submitted by mail and the applicant is registering for
723	the first time, the applicant will be required to provide
724	identification prior to voting the first time.
725	(4)  A supervisor may produce a voter registration
726	application that has the supervisor's direct mailing address if
727	the department has reviewed the application and determined that
728	it is substantially the same as the uniform statewide voter
729	registration application.
730	(5)  The voter registration application form prescribed by
731	the Federal Election Assistance Commission pursuant to federal
732	law the National Voter Registration Act of 1993 or the federal
733	postcard application must be accepted as an application for
734	registration in this state if the completed application or
735	postcard application contains the information required by the
736	constitution and laws of this state.
737	Section 6.  Section 97.053, Florida Statutes, is amended to
738	read:
739	97.053  Acceptance of voter registration applications.--
740	(1)  Voter registration applications, changes in
741	registration, and requests for a replacement registration
742	identification card must be accepted in the office of any
743	supervisor, the division, a driver license office, a voter
744	registration agency, or an armed forces recruitment office when
745	hand delivered by the applicant or a third party during the
746	hours that office is open or when mailed.
747	(2)  A completed voter registration application is complete
748	and that contains the information necessary to establish an
749	applicant's eligibility pursuant to s. 97.041 becomes the
750	official voter registration record of that applicant when all
751	information necessary to establish the applicant's eligibility
752	pursuant to s. 97.041 is received by the appropriate supervisor.
753	If the applicant fails to complete his or her voter registration
754	application prior to the date of book closing for an election,
755	then such applicant shall not be eligible to vote in that
756	election.
757	(3)  The registration date for a valid initial voter
758	registration application that has been hand delivered is the
759	date when received by a driver license office, a voter
760	registration agency, an armed forces recruitment office, the
761	division, or the office of any supervisor in the state.
762	(4)  The registration date for a valid initial voter
763	registration application that has been mailed to a driver
764	license office, a voter registration agency, an armed forces
765	recruitment office, the division, or the office of any
766	supervisor in the state and bears a clear postmark is the date
767	of that the postmark. If an initial voter registration
768	application that has been mailed does not bear a postmark or if
769	the postmark is unclear, the registration date is the date the
770	registration is received by any supervisor or the division,
771	unless it is received within 5 days after the closing of the
772	books for an election, excluding Saturdays, Sundays, and legal
773	holidays, in which case the registration date is the book-
774	closing date.
775	(5)(a)  A voter registration application contains all
776	information necessary to establish the applicant's eligibility
777	pursuant to s. 97.041 is complete if it contains:
778	1.  The applicant's name.
779	2.  The applicant's legal residence address.
780	3.  The applicant's date of birth.
781	4.  A mark in the checkbox affirming An indication that the
782	applicant is a citizen of the United States.
783	5.  The applicant's Florida driver's license number, the
784	identification number from a Florida identification card issued
785	under s. 322.051, or the last four digits of the applicant's
786	social security number.
787	6.  A mark in the checkbox affirming An indication that the
788	applicant has not been convicted of a felony or that, if
789	convicted, has had his or her civil rights restored.
790	7.  A mark in the checkbox affirming An indication that the
791	applicant has not been adjudicated mentally incapacitated with
792	respect to voting or that, if so adjudicated, has had his or her
793	right to vote restored.
794	8.  The original signature of the applicant swearing or
795	affirming under the penalty for false swearing pursuant to s.
796	104.011 that the information contained in the registration
797	application is true and subscribing to the oath required by s.
798	3, Art. VI of the State Constitution and s. 97.051.
799	(b)  An applicant who fails to designate party affiliation
800	must be registered without party affiliation. The supervisor
801	must notify the voter by mail that the voter has been registered
802	without party affiliation and that the voter may change party
803	affiliation as provided in s. 97.1031.
804	Section 7.  Section 97.055, Florida Statutes, is amended to
805	read:
806	97.055  Registration books; when closed for an election.--
807	(1)  The registration books must be closed on the 29th day
808	before each election and must remain closed until after that
809	election. If an election is called and there are fewer than 29
810	days before that election, the registration books must be closed
811	immediately. When the registration books are closed for an
812	election, only updates to a voter's name, address, and signature
813	pursuant to ss. 98.077 and 101.045 will be permitted for
814	purposes of the upcoming election. Voter registration
815	applications and party changes must be accepted but only for the
816	purpose of subsequent elections. However, party changes received
817	between the book-closing date of the first primary election and
818	the date of the second primary election are not effective until
819	after the second primary election.
820	(2)  In computing the 29-day period for the closing of the
821	registration books, the day of the election is excluded and all
822	other days are included. If the 29th day preceding an election
823	falls on a Sunday or a legal holiday, the registration books
824	must be closed on the next day that is not a Sunday or a legal
825	holiday.
826	Section 8.  Section 97.0575, Florida Statutes, is created
827	to read:
828	97.0575  Third-party voter registrations.--
829	(1)  Prior to engaging in any voter registration
830	activities, a third-party voter registration organization shall
831	name a registered agent in the state and submit to the division,
832	in a form adopted by the division, the name of the registered
833	agent and the name of those individuals responsible for the day-
834	to-day operation of the third-party voter registration
835	organization including, if applicable, the names of the entity's
836	board of directors, president, vice president, managing partner,
837	or such other persons engaged in similar duties or functions. By
838	no later than the 15th day after the end of each calendar
839	quarter, each third-party voter registration organization shall
840	submit to the division a report providing the date and location
841	of any organized voter registration drives conducted by the
842	organization in the prior calendar quarter.
843	(2)  The failure to submit the information required by
844	subsection (1) shall not subject the third-party voter
845	registration organization to any civil or criminal penalties for
846	such failure nor shall the failure to submit such information be
847	a basis to deny such third-party voter registration organization
848	with copies of voter registration application forms.
849	(3)  A third-party voter registration organization that
850	collects voter registration applications serves as a fiduciary
851	to the applicant, ensuring that any voter registration
852	application entrusted to the third-party voter registration
853	organization, irrespective of party affiliation, race,
854	ethnicity, or gender, shall be promptly delivered to the
855	division or the supervisor of elections. If a voter registration
856	application collected by any third-party voter registration
857	organization is not delivered to the division or supervisor of
858	elections, then the individual collecting the voter registration
859	application, the registered agent, and those individuals
860	responsible for the day-to-day operation of the third-party
861	voter registration organization including, if applicable, the
862	entity's board of directors, president, vice president, managing
863	partner, or such other individuals engaged in similar duties or
864	functions, shall each be personally and jointly and severally
865	liable for the following fines:
866	(a)  A fine in the amount of $250 per application received
867	by the division or the supervisor of elections more than 10 days
868	after the applicant delivered the completed voter registration
869	application to the third-party voter registration organization
870	or any person, entity, or agent acting on its behalf.
871	(b)  A fine in the amount of $500 per application collected
872	by any third-party voter registration organization or any
873	person, entity, or agent acting on its behalf, prior to book
874	closing for any given election for federal or state office and
875	submitted to the division or the supervisor of elections after
876	the book closing deadline for such election.
877	(c)  A fine in the amount of $5,000 per application
878	collected by the third-party voter registration organization or
879	any person, entity, or agent acting on its behalf and not
880	submitted to the division or supervisor of elections.
881
882	Any person claiming to have been registered by a third-party
883	voter registration organization who does not appear as an active
884	voter on the voter registration rolls shall be presented with a
885	form adopted by the division to elicit additional information
886	regarding the facts and circumstances surrounding the soliciting
887	of the voter registration application. Any violation of this
888	section may be investigated by the division, and civil fines
889	shall be assessed by the division and enforced through any
890	appropriate legal proceedings. The civil fines contained herein
891	shall be in addition to any applicable criminal penalties. If
892	the third-party voter registration organization has complied
893	with the provisions of subsection (1), then the amount of the
894	fines imposed pursuant to this subsection shall be reduced by
895	three-fourths. The date on which the voter registration
896	application is signed by the applicant shall be presumed to be
897	the date on which the third-party voter registration
898	organization received or collected the voter registration
899	application.
900	(4)  The amount of fines collected by the division pursuant
901	to this section shall be set aside by the division in a trust
902	fund administered by the department to be used for enforcement
903	of this section and for voter education.
904	(5)  The division may adopt rules as necessary to implement
905	this section.
906	Section 9.  Subsection (3) of section 98.045, Florida
907	Statutes, is amended to read:
908	98.045  Administration of voter registration.--
909	(3)  Notwithstanding the provisions of s. ss. 98.095 and
910	98.0977, each supervisor shall maintain for at least 2 years,
911	and make available for public inspection and copying, all
912	records concerning implementation of registration list
913	maintenance programs and activities conducted pursuant to ss.
914	98.065, 98.075, and 98.0977. The records must include lists of
915	the name and address of each person to whom an address
916	confirmation final notice was sent and information as to whether
917	each such person responded to the mailing, but may not include
918	any information that is confidential or exempt from public
919	records requirements under this code.
920	Section 10.  Section 98.077, Florida Statutes, is amended
921	to read:
922	98.077  Update of voter signature.--The supervisor of
923	elections shall provide to each registered voter of the county
924	the opportunity to update his or her signature on file at the
925	supervisor's office by providing notification of the ability to
926	do so in any correspondence, other than postcard notifications,
927	sent to the voter. The notice shall advise when, where, and how
928	to update the signature and shall provide the voter information
929	on how to obtain a form from the supervisor that can be returned
930	to update the signature. In addition, at least once during each
931	general election year, the supervisor shall publish in a
932	newspaper of general circulation or other newspaper in the
933	county deemed appropriate by the supervisor a notice specifying
934	when, where, or how a voter can update his or her signature that
935	is on file or how a voter can obtain a form from the supervisor
936	to do so. All signature updates for use in verifying absentee
937	and provisional ballots shall be received by the appropriate
938	supervisor of elections no later than 5 p.m. of the fifth day
939	prior to the election. The signature on file at 5 p.m. on the
940	fifth day before the election is the signature that shall be
941	used in verifying the signature on the absentee and provisional
942	ballot certificates.
943	Section 11.  Section 99.061, Florida Statutes, is amended
944	to read:
945	99.061  Method of qualifying for nomination or election to
946	federal, state, county, or district office.--
947	(1)  The provisions of any special act to the contrary
948	notwithstanding, each person seeking to qualify for nomination
949	or election to a federal, state, or multicounty district office,
950	other than election to a judicial office as defined in chapter
951	105 or the office of school board member, shall file his or her
952	qualification papers with, and pay the qualifying fee, which
953	shall consist of the filing fee and election assessment, and
954	party assessment, if any has been levied, to, the Department of
955	State, or qualify by the petition process pursuant to s. 99.095
956	alternative method with the Department of State, at any time
957	after noon of the 1st day for qualifying, which shall be as
958	follows: the 120th day prior to the first primary, but not later
959	than noon of the 116th day prior to the date of the first
960	primary, for persons seeking to qualify for nomination or
961	election to federal office; and noon of the 50th day prior to
962	the first primary, but not later than noon of the 46th day prior
963	to the date of the first primary, for persons seeking to qualify
964	for nomination or election to a state or multicounty district
965	office.
966	(2)  The provisions of any special act to the contrary
967	notwithstanding, each person seeking to qualify for nomination
968	or election to a county office, or district or special district
969	office not covered by subsection (1), shall file his or her
970	qualification papers with, and pay the qualifying fee, which
971	shall consist of the filing fee and election assessment, and
972	party assessment, if any has been levied, to, the supervisor of
973	elections of the county, or shall qualify by the petition
974	process pursuant to s. 99.095 alternative method with the
975	supervisor of elections, at any time after noon of the 1st day
976	for qualifying, which shall be the 50th day prior to the first
977	primary or special district election, but not later than noon of
978	the 46th day prior to the date of the first primary or special
979	district election. However, if a special district election is
980	held at the same time as the second primary or general election,
981	qualifying shall be the 50th day prior to the first primary, but
982	not later than noon of the 46th day prior to the date of the
983	first primary. Within 30 days after the closing of qualifying
984	time, the supervisor of elections shall remit to the secretary
985	of the state executive committee of the political party to which
986	the candidate belongs the amount of the filing fee, two-thirds
987	of which shall be used to promote the candidacy of candidates
988	for county offices and the candidacy of members of the
989	Legislature.
990	(3)(a)  Each person seeking to qualify for election to
991	office as a write-in candidate shall file his or her
992	qualification papers with the respective qualifying officer at
993	any time after noon of the 1st day for qualifying, but not later
994	than noon of the last day of the qualifying period for the
995	office sought.
996	(b)  Any person who is seeking election as a write-in
997	candidate shall not be required to pay a filing fee, election
998	assessment, or party assessment. A write-in candidate shall not
999	be entitled to have his or her name printed on any ballot;
1000	however, space for the write-in candidate's name to be written
1001	in shall be provided on the general election ballot. No person
1002	may qualify as a write-in candidate if the person has also
1003	otherwise qualified for nomination or election to such office.
1004	(4)  At the time of qualifying for office, each candidate
1005	for a constitutional office shall file a full and public
1006	disclosure of financial interests pursuant to s. 8, Art. II of
1007	the State Constitution, and a candidate for any other office,
1008	including local elective office, shall file a statement of
1009	financial interests pursuant to s. 112.3145 if no current
1010	statement is already filed.
1011	(5)  The Department of State shall certify to the
1012	supervisor of elections, within 7 days after the closing date
1013	for qualifying, the names of all duly qualified candidates for
1014	nomination or election who have qualified with the Department of
1015	State.
1016	(6)  Notwithstanding the qualifying period prescribed in
1017	this section, if a candidate has submitted the necessary
1018	petitions by the required deadline in order to qualify by the
1019	petition process pursuant to s. 99.095 alternative method as a
1020	candidate for nomination or election and the candidate is
1021	notified after the 5th day prior to the last day for qualifying
1022	that the required number of signatures has been obtained, the
1023	candidate is entitled to subscribe to the candidate's oath and
1024	file the qualifying papers at any time within 5 days from the
1025	date the candidate is notified that the necessary number of
1026	signatures has been obtained. Any candidate who qualifies within
1027	the time prescribed in this subsection is entitled to have his
1028	or her name printed on the ballot.
1029	(7)(a)  In order for a candidate to be qualified, the
1030	following items must be received by the filing officer by the
1031	end of the qualifying period:
1032	1.  A properly executed check drawn upon the candidate's
1033	campaign account in an amount not less than the fee required by
1034	s. 99.092 or, in lieu thereof, as applicable, the copy of the
1035	notice of obtaining ballot position pursuant to s. 99.095 or the
1036	undue burden oath authorized pursuant to s. 99.0955 or s.
1037	99.096. If a candidate's check is returned by the bank for any
1038	reason, the filing officer shall immediately notify the
1039	candidate and the candidate shall, the end of qualifying
1040	notwithstanding, have 48 hours from the time such notification
1041	is received, excluding Saturdays, Sundays, and legal holidays,
1042	to pay the fee with a cashier's check purchased from funds of
1043	the campaign account. Failure to pay the fee as provided in this
1044	subparagraph shall disqualify the candidate.
1045	2.  The candidate's oath required by s. 99.021, which must
1046	contain the name of the candidate as it is to appear on the
1047	ballot; the office sought, including the district or group
1048	number if applicable; and the signature of the candidate, duly
1049	acknowledged.
1050	3.  The loyalty oath required by s. 876.05, signed by the
1051	candidate and duly acknowledged.
1052	4.  If the office sought is partisan, the written statement
1053	of political party affiliation required by s. 99.021(1)(b).
1054	5.  The completed form for the appointment of campaign
1055	treasurer and designation of campaign depository, as required by
1056	s. 106.021.
1057	6.  The full and public disclosure or statement of
1058	financial interests required by subsection (4). A public officer
1059	who has filed the full and public disclosure or statement of
1060	financial interests with the Commission on Ethics or the
1061	supervisor of elections prior to qualifying for office may file
1062	a copy of that disclosure at the time of qualifying.
1063	(b)  If the filing officer receives qualifying papers that
1064	do not include all items as required by paragraph (a) prior to
1065	the last day of qualifying, the filing officer shall make a
1066	reasonable effort to notify the candidate of the missing or
1067	incomplete items and shall inform the candidate that all
1068	required items must be received by the close of qualifying. A
1069	candidate's name as it is to appear on the ballot may not be
1070	changed after the end of qualifying.
1071	(8)  Notwithstanding the qualifying period prescribed in
1072	this section, a qualifying officer may accept and hold
1073	qualifying papers submitted not earlier than 14 days prior to
1074	the beginning of the qualifying period to be processed and filed
1075	during the qualifying period.
1076	(9)(8)  Notwithstanding the qualifying period prescribed by
1077	this section, in each year in which the Legislature apportions
1078	the state, the qualifying period for persons seeking to qualify
1079	for nomination or election to federal office shall be between
1080	noon of the 57th day prior to the first primary, but not later
1081	than noon of the 53rd day prior to the first primary.
1082	(10)(9)  The Department of State may prescribe by rule
1083	requirements for filing papers to qualify as a candidate under
1084	this section.
1085	Section 12.  Paragraph (d) of subsection (2) of section
1086	99.063, Florida Statutes, is amended to read:
1087	99.063  Candidates for Governor and Lieutenant Governor.--
1088	(2)  No later than 5 p.m. of the 9th day following the
1089	second primary election, each designated candidate for
1090	Lieutenant Governor shall file with the Department of State:
1091	(d)  The full and public disclosure of financial interests
1092	pursuant to s. 8, Art. II of the State Constitution. A public
1093	officer who has filed the full and public disclosure with the
1094	Commission on Ethics prior to qualifying for office may file a
1095	copy of that disclosure at the time of qualifying.
1096	Section 13.  Subsection (1) of section 99.092, Florida
1097	Statutes, is amended to read:
1098	99.092  Qualifying fee of candidate; notification of
1099	Department of State.--
1100	(1)  Each person seeking to qualify for nomination or
1101	election to any office, except a person seeking to qualify by
1102	the petition process alternative method pursuant to s. 99.095,
1103	s. 99.0955, or s. 99.096 and except a person seeking to qualify
1104	as a write-in candidate, shall pay a qualifying fee, which shall
1105	consist of a filing fee and election assessment, to the officer
1106	with whom the person qualifies, and any party assessment levied,
1107	and shall attach the original or signed duplicate of the receipt
1108	for his or her party assessment or pay the same, in accordance
1109	with the provisions of s. 103.121, at the time of filing his or
1110	her other qualifying papers. The amount of the filing fee is 3
1111	percent of the annual salary of the office. The amount of the
1112	election assessment is 1 percent of the annual salary of the
1113	office sought. The election assessment shall be deposited into
1114	the Elections Commission Trust Fund. The amount of the party
1115	assessment is 2 percent of the annual salary. The annual salary
1116	of the office for purposes of computing the filing fee, election
1117	assessment, and party assessment shall be computed by
1118	multiplying 12 times the monthly salary, excluding any special
1119	qualification pay, authorized for such office as of July 1
1120	immediately preceding the first day of qualifying. No qualifying
1121	fee shall be returned to the candidate unless the candidate
1122	withdraws his or her candidacy before the last date to qualify.
1123	If a candidate dies prior to an election and has not withdrawn
1124	his or her candidacy before the last date to qualify, the
1125	candidate's qualifying fee shall be returned to his or her
1126	designated beneficiary, and, if the filing fee or any portion
1127	thereof has been transferred to the political party of the
1128	candidate, the Secretary of State shall direct the party to
1129	return that portion to the designated beneficiary of the
1130	candidate.
1131	Section 14.  Section 99.095, Florida Statutes, is amended
1132	to read:
1133	(Substantial rewording of section. See
1134	s. 99.095, F.S., for present text.)
1135	99.095  Petition process in lieu of qualifying fee and
1136	party assessment.--
1137	(1)  A person seeking to qualify as a candidate for any
1138	office is not required to pay the qualifying fee or party
1139	assessment required by this chapter if he or she meets the
1140	petition requirements of this section.
1141	(2)(a)  A candidate shall obtain the number of signatures
1142	of voters in the geographical area represented by the office
1143	sought equal to at least 1 percent of the total number of
1144	registered voters of that geographical area, as shown by the
1145	compilation by the department for the last preceding general
1146	election. Signatures may not be obtained until the candidate has
1147	filed the appointment of campaign treasurer and designation of
1148	campaign depository pursuant to s. 106.021.
1149	(b)  The format of the petition shall be prescribed by the
1150	division and shall be used by candidates to reproduce petitions
1151	for circulation. If the candidate is running for an office that
1152	requires a group or district designation, the petition must
1153	indicate that designation, and, if it does not, the signatures
1154	are not valid. A separate petition is required for each
1155	candidate.
1156	(3)  Each petition shall be submitted before noon of the
1157	28th day preceding the first day of the qualifying period for
1158	the office sought to the supervisor of elections of the county
1159	in which such petition was circulated. Each supervisor shall
1160	check the signatures on the petitions to verify their status as
1161	voters in the county, district, or other geographical area
1162	represented by the office sought. No later than the 7th day
1163	before the first day of the qualifying period, the supervisor
1164	shall certify the number of valid signatures.
1165	(4)(a)  Certifications for candidates for federal, state,
1166	or multicounty district office shall be submitted by the
1167	supervisor to the division. The division shall determine whether
1168	the required number of signatures has been obtained and shall
1169	notify the candidate of its determination.
1170	(b)  For candidates for county or district office not
1171	covered by paragraph (a), the supervisor shall determine whether
1172	the required number of signatures has been obtained and shall
1173	notify the candidate of his or her determination.
1174	(5)  If the required number of signatures has been
1175	obtained, the candidate is eligible to qualify pursuant to s.
1176	99.061.
1177	Section 15.  Section 99.0955, Florida Statutes, is amended
1178	to read:
1179	99.0955  Candidates with no party affiliation; name on
1180	general election ballot.--
1181	(1)  Each person seeking to qualify for election as a
1182	candidate with no party affiliation shall file his or her
1183	qualifying qualification papers and pay the qualifying fee or
1184	qualify by the petition process pursuant to s. 99.095,
1185	alternative method prescribed in subsection (3) with the officer
1186	and during the times and under the circumstances prescribed in
1187	s. 99.061. Upon qualifying, the candidate is entitled to have
1188	his or her name placed on the general election ballot.
1189	(2)  The qualifying fee for candidates with no party
1190	affiliation shall consist of a filing fee and an election
1191	assessment as prescribed in s. 99.092. The amount of the filing
1192	fee is 3 percent of the annual salary of the office sought. The
1193	amount of the election assessment is 1 percent of the annual
1194	salary of the office sought. The election assessment shall be
1195	deposited into the Elections Commission Trust Fund. Filing fees
1196	paid to the Department of State shall be deposited into the
1197	General Revenue Fund of the state. Filing fees paid to the
1198	supervisor of elections shall be deposited into the general
1199	revenue fund of the county.
1200	(3)(a)  A candidate with no party affiliation may, in lieu
1201	of paying the qualifying fee, qualify for office by the
1202	alternative method prescribed in this subsection. A candidate
1203	using this petitioning process shall file an oath with the
1204	officer before whom the candidate would qualify for the office
1205	stating that he or she intends to qualify by this alternative
1206	method. If the person is running for an office that requires a
1207	group or district designation, the candidate must indicate the
1208	designation in his or her oath. The oath shall be filed at any
1209	time after the first Tuesday after the first Monday in January
1210	of the year in which the election is held, but before the 21st
1211	day preceding the first day of the qualifying period for the
1212	office sought. The Department of State shall prescribe the form
1213	to be used in administering and filing the oath. Signatures may
1214	not be obtained by a candidate on any petition until the
1215	candidate has filed the oath required in this subsection. Upon
1216	receipt of the written oath from a candidate, the qualifying
1217	officer shall provide the candidate with petition forms in
1218	sufficient numbers to facilitate the gathering of signatures. If
1219	the candidate is running for an office that requires a group or
1220	district designation, the petition must indicate that
1221	designation or the signatures obtained on the petition will not
1222	be counted.
1223	(b)  A candidate shall obtain the signatures of a number of
1224	qualified electors in the geographical entity represented by the
1225	office sought equal to 1 percent of the registered electors of
1226	the geographical entity represented by the office sought, as
1227	shown by the compilation by the Department of State for the
1228	preceding general election.
1229	(c)  Each petition must be submitted before noon of the
1230	21st day preceding the first day of the qualifying period for
1231	the office sought, to the supervisor of elections of the county
1232	for which such petition was circulated. Each supervisor to whom
1233	a petition is submitted shall check the signatures on the
1234	petition to verify their status as electors in the county,
1235	district, or other geographical entity represented by the office
1236	sought. Before the first day for qualifying, the supervisor
1237	shall certify the number shown as registered electors.
1238	(d)1.  Certifications for candidates for federal, state, or
1239	multicounty district office shall be submitted to the Department
1240	of State. The Department of State shall determine whether the
1241	required number of signatures has been obtained for the name of
1242	the candidate to be placed on the ballot and shall notify the
1243	candidate.
1244	2.  For candidates for county or district office not
1245	covered by subparagraph 1., the supervisor of elections shall
1246	determine whether the required number of signatures has been
1247	obtained for the name of the candidate to be placed on the
1248	ballot and shall notify the candidate.
1249	(e)  If the required number of signatures has been
1250	obtained, the candidate shall, during the time prescribed for
1251	qualifying for office, submit a copy of the notice received
1252	under paragraph (d) and file his or her qualifying papers and
1253	the oath prescribed by s. 99.021 with the qualifying officer.
1254	Section 16.  Section 99.096, Florida Statutes, is amended
1255	to read:
1256	99.096  Minor political party candidates; names on
1257	ballot.--
1258	(1)  The executive committee of a minor political party
1259	shall, no later than noon of the third day prior to the first
1260	day of the qualifying period prescribed for federal candidates,
1261	submit to the Department of State a list of federal candidates
1262	nominated by the party to be on the general election ballot. and
1263	No later than noon of the third day prior to the first day of
1264	the qualifying period for state candidates, the executive
1265	committee of a minor political party shall submit to the
1266	Department of State the official list of the state, multicounty,
1267	and county respective candidates nominated by that party to be
1268	on the ballot in the general election to the filing officer for
1269	each of the candidates. The Department of State shall notify the
1270	appropriate supervisors of elections of the name of each minor
1271	party candidate eligible to qualify before such supervisor. The
1272	official list of nominated candidates may not be changed by the
1273	party after having been filed with the filing officers
1274	Department of State, except that candidates who have qualified
1275	may withdraw from the ballot pursuant to the provisions of this
1276	code, and vacancies in nominations may be filled pursuant to s.
1277	100.111.
1278	(2)  Each person seeking to qualify for election as a
1279	candidate of a minor political party shall file his or her
1280	qualifying qualification papers with, and pay the qualifying fee
1281	and, if one has been levied, the party assessment, or qualify by
1282	the petition process pursuant to s. 99.095 alternative method
1283	prescribed in subsection (3), with the officer and at the times
1284	and under the circumstances provided in s. 99.061.
1285	(3)(a)  A minor party candidate may, in lieu of paying the
1286	qualifying fee and party assessment, qualify for office by the
1287	alternative method prescribed in this subsection. A candidate
1288	using this petitioning process shall file an oath with the
1289	officer before whom the candidate would qualify for the office
1290	stating that he or she intends to qualify by this alternative
1291	method. If the person is running for an office that requires a
1292	group or district designation, the candidate must indicate the
1293	designation in his or her oath. The oath must be filed at any
1294	time after the first Tuesday after the first Monday in January
1295	of the year in which the election is held, but before the 21st
1296	day preceding the first day of the qualifying period for the
1297	office sought. The Department of State shall prescribe the form
1298	to be used in administering and filing the oath. Signatures may
1299	not be obtained by a candidate on any petition until the
1300	candidate has filed the oath required in this section. Upon
1301	receipt of the written oath from a candidate, the qualifying
1302	officer shall provide the candidate with petition forms in
1303	sufficient numbers to facilitate the gathering of signatures. If
1304	the candidate is running for an office that requires a group or
1305	district designation, the petition must indicate that
1306	designation or the signatures on such petition will not be
1307	counted.
1308	(b)  A candidate shall obtain the signatures of a number of
1309	qualified electors in the geographical entity represented by the
1310	office sought equal to 1 percent of the registered electors in
1311	the geographical entity represented by the office sought, as
1312	shown by the compilation by the Department of State for the last
1313	preceding general election.
1314	(c)  Each petition shall be submitted prior to noon of the
1315	21st day preceding the first day of the qualifying period for
1316	the office sought to the supervisor of elections of the county
1317	for which the petition was circulated. Each supervisor to whom a
1318	petition is submitted shall check the signatures on the petition
1319	to verify their status as electors in the county, district, or
1320	other geographical entity represented by the office sought.
1321	Before the first day for qualifying, the supervisor shall
1322	certify the number shown as registered electors.
1323	(d)1.  Certifications for candidates for federal, state, or
1324	multicounty district office shall be submitted to the Department
1325	of State. The Department of State shall determine whether the
1326	required number of signatures has been obtained for the name of
1327	the candidate to be placed on the ballot and shall notify the
1328	candidate.
1329	2.  For candidates for county or district office not
1330	covered by subparagraph 1., the supervisor of elections shall
1331	determine whether the required number of signatures has been
1332	obtained for the name of the candidate to be placed on the
1333	ballot and shall notify the candidate.
1334	(e)  If the required number of signatures has been
1335	obtained, the candidate shall, during the prescribed time for
1336	qualifying for office, submit a copy of the notice received
1337	under paragraph (d) and file his or her qualifying papers and
1338	the oath prescribed by s. 99.021 with the qualifying officer.
1339	(4)  A minor party candidate whose name has been submitted
1340	pursuant to subsection (1) and who has qualified for office is
1341	entitled to have his or her name placed on the general election
1342	ballot.
1343	Section 17.  Subsection (1) of section 99.09651, Florida
1344	Statutes, is amended to read:
1345	99.09651  Signature requirements for ballot position in
1346	year of apportionment.--
1347	(1)  In a year of apportionment, any candidate for
1348	representative to Congress, state Senate, or state House of
1349	Representatives seeking ballot position by the petition process
1350	alternative method prescribed in s. 99.095, s. 99.0955, or s.
1351	99.096 shall obtain at least the number of signatures equal to
1352	one-third of 1 percent of the ideal population for the district
1353	of the office being sought.
1354	Section 18.  Subsection (1) of section 100.011, Florida
1355	Statutes, is amended to read:
1356	100.011  Opening and closing of polls, all elections;
1357	expenses.--
1358	(1)  The polls shall be open at the voting places at 7:00
1359	a.m., on the day of the election, and shall be kept open until
1360	7:00 p.m., of the same day, and the time shall be regulated by
1361	the customary time in standard use in the county seat of the
1362	locality. The inspectors shall make public proclamation of the
1363	opening and closing of the polls. During the election and
1364	canvass of the votes, the ballot box shall not be concealed. Any
1365	elector in line at the official closing of the polls shall be
1366	allowed to cast a vote in the election.
1367	Section 19.  Subsection (5) of section 100.101, Florida
1368	Statutes, is amended to read:
1369	100.101  Special elections and special primary
1370	elections.--Except as provided in s. 100.111(2), a special
1371	election or special primary election shall be held in the
1372	following cases:
1373	(5)  If a vacancy occurs in nomination.
1374	Section 20.  Paragraph (c) of subsection (3) and
1375	subsections (4) and (6) of section 100.111, Florida Statutes,
1376	are amended to read:
1377	100.111  Filling vacancy.--
1378	(3)  Whenever there is a vacancy for which a special
1379	election is required pursuant to s. 100.101(1)-(4), the
1380	Governor, after consultation with the Secretary of State, shall
1381	fix the date of a special first primary election, a special
1382	second primary election, and a special election. Nominees of
1383	political parties other than minor political parties shall be
1384	chosen under the primary laws of this state in the special
1385	primary elections to become candidates in the special election.
1386	Prior to setting the special election dates, the Governor shall
1387	consider any upcoming elections in the jurisdiction where the
1388	special election will be held. The dates fixed by the Governor
1389	shall be specific days certain and shall not be established by
1390	the happening of a condition or stated in the alternative. The
1391	dates fixed shall provide a minimum of 2 weeks between each
1392	election. In the event a vacancy occurs in the office of state
1393	senator or member of the House of Representatives when the
1394	Legislature is in regular legislative session, the minimum times
1395	prescribed by this subsection may be waived upon concurrence of
1396	the Governor, the Speaker of the House of Representatives, and
1397	the President of the Senate. If a vacancy occurs in the office
1398	of state senator and no session of the Legislature is scheduled
1399	to be held prior to the next general election, the Governor may
1400	fix the dates for any special primary and for the special
1401	election to coincide with the dates of the first and second
1402	primary and general election. If a vacancy in office occurs in
1403	any district in the state Senate or House of Representatives or
1404	in any congressional district, and no session of the
1405	Legislature, or session of Congress if the vacancy is in a
1406	congressional district, is scheduled to be held during the
1407	unexpired portion of the term, the Governor is not required to
1408	call a special election to fill such vacancy.
1409	(c)  The dates for a candidate to qualify by the petition
1410	process alternative method in such special primary or special
1411	election shall be fixed by the Department of State. In fixing
1412	such dates the Department of State shall take into consideration
1413	and be governed by the practical time limitations. Any candidate
1414	seeking to qualify by the petition process alternative method in
1415	a special primary election shall obtain 25 percent of the
1416	signatures required by s. 99.095, s. 99.0955, or s. 99.096, as
1417	applicable.
1418	(4)(a)  In the event that death, resignation, withdrawal,
1419	removal, or any other cause or event should cause a party to
1420	have a vacancy in nomination which leaves no candidate for an
1421	office from such party, the Governor shall, after conferring
1422	with the Secretary of State, call a special primary election
1423	and, if necessary, a second special primary election to select
1424	for such office a nominee of such political party. The dates on
1425	which candidates may qualify for such special primary election
1426	shall be fixed by the Department of State, and the candidates
1427	shall qualify no later than noon of the last day so fixed. The
1428	filing of campaign expense statements by candidates in special
1429	primaries shall not be later than such dates as shall be fixed
1430	by the Department of State. In fixing such dates, the Department
1431	of State shall take into consideration and be governed by the
1432	practical time limitations. The qualifying fees and party
1433	assessment of such candidates as may qualify shall be the same
1434	as collected for the same office at the last previous primary
1435	for that office. Each county canvassing board shall make as
1436	speedy a return of the results of such primaries as time will
1437	permit, and the Elections Canvassing Commission shall likewise
1438	make as speedy a canvass and declaration of the nominees as time
1439	will permit.
1440	(b)  If the vacancy in nomination occurs later than
1441	September 15, or if the vacancy in nomination occurs with
1442	respect to a candidate of a minor political party which has
1443	obtained a position on the ballot, no special primary election
1444	shall be held and the Department of State shall notify the chair
1445	of the appropriate state, district, or county political party
1446	executive committee of such party; and, within 5 7 days, the
1447	chair shall call a meeting of his or her executive committee to
1448	consider designation of a nominee to fill the vacancy. The name
1449	of any person so designated shall be submitted to the Department
1450	of State within 7 14 days of notice to the chair in order that
1451	the person designated may have his or her name printed or
1452	otherwise placed on the ballot of the ensuing general election,
1453	but in no event shall the supervisor of elections be required to
1454	place on a ballot a name submitted less than 21 days prior to
1455	the election. However, if the name of the new nominee is
1456	submitted after the certification of results of the preceding
1457	primary election, the ballots shall not be changed and vacancy
1458	occurs less than 21 days prior to the election, the person
1459	designated by the political party will replace the former party
1460	nominee even though the former party nominee's name will appear
1461	be on the ballot. Any ballots cast for the former party nominee
1462	will be counted for the person designated by the political party
1463	to replace the former party nominee. If there is no opposition
1464	to the party nominee, the person designated by the political
1465	party to replace the former party nominee will be elected to
1466	office at the general election. For purposes of this paragraph,
1467	the term "district political party executive committee" means
1468	the members of the state executive committee of a political
1469	party from those counties comprising the area involving a
1470	district office.
1471	(b)(c)  When, under the circumstances set forth in the
1472	preceding paragraph, vacancies in nomination are required to be
1473	filled by committee nominations, such vacancies shall be filled
1474	by party rule. In any instance in which a nominee is selected by
1475	a committee to fill a vacancy in nomination, such nominee shall
1476	pay the same filing fee and take the same oath as the nominee
1477	would have taken had he or she regularly qualified for election
1478	to such office.
1479	(d)  Any person who, at the close of qualifying as
1480	prescribed in ss. 99.061 and 105.031, was qualified for
1481	nomination or election to or retention in a public office to be
1482	filled at the ensuing general election is prohibited from
1483	qualifying as a candidate to fill a vacancy in nomination for
1484	any other office to be filled at that general election, even if
1485	such person has withdrawn or been eliminated as a candidate for
1486	the original office sought. However, this paragraph does not
1487	apply to a candidate for the office of Lieutenant Governor who
1488	applies to fill a vacancy in nomination for the office of
1489	Governor on the same ticket or to a person who has withdrawn or
1490	been eliminated as a candidate and who is subsequently
1491	designated as a candidate for Lieutenant Governor under s.
1492	99.063.
1493	(6)  In the event that a vacancy occurs which leaves less
1494	than 4 weeks for a candidate seeking to qualify by the
1495	alternative method to gather signatures for ballot position, the
1496	number of signatures required for ballot placement shall be 25
1497	percent of the number of signatures required by s. 99.095, s.
1498	99.0955, or s. 99.096, whichever is applicable.
1499	Section 21.  Subsections (1) and (2) of section 100.141,
1500	Florida Statutes, are amended to read:
1501	100.141  Notice of special election to fill any vacancy in
1502	office or nomination.--
1503	(1)  Whenever a special election is required to fill any
1504	vacancy in office or nomination, the Governor, after
1505	consultation with the Secretary of State, shall issue an order
1506	declaring on what day the election shall be held and deliver the
1507	order to the Department of State.
1508	(2)  The Department of State shall prepare a notice stating
1509	what offices and vacancies are to be filled in the special
1510	election, the date set for each special primary election and the
1511	special election, the dates fixed for qualifying for office, the
1512	dates fixed for qualifying by the petition process alternative
1513	method, and the dates fixed for filing campaign expense
1514	statements.
1515	Section 22.  Section 101.031, Florida Statutes, is amended
1516	to read:
1517	101.031  Instructions for electors.--
1518	(2)  The supervisor of elections in each county shall have
1519	posted at each polling place in the county the Voter's Bill of
1520	Rights and Responsibilities in the following form:
1521
1522	VOTER'S BILL OF RIGHTS
1523
1524	Each registered voter in this state has the right to:
1525	1.  Vote and have his or her vote accurately counted.
1526	2.  Cast a vote if he or she is in line at the official
1527	closing of the polls in that county.
1528	3.  Ask for and receive assistance in voting.
1529	4.  Receive up to two replacement ballots if he or she
1530	makes a mistake prior to the ballot being cast.
1531	5.  An explanation if his or her registration is in
1532	question.
1533	6.  If his or her registration or identity is in question,
1534	cast a provisional ballot.
1535	7.  Prove his or her identity by signing an affidavit if
1536	election officials doubt the voter's identity.
1537	7.8.  Written instructions to use when voting, and, upon
1538	request, oral instructions in voting from elections officers.
1539	8.9.  Vote free from coercion or intimidation by elections
1540	officers or any other person.
1541	9.10.  Vote on a voting system that is in working condition
1542	and that will allow votes to be accurately cast.
1543
1544	VOTER RESPONSIBILITIES
1545
1546	Each registered voter in this state should:
1547	1.  Familiarize himself or herself with the candidates and
1548	issues.
1549	2.  Maintain with the office of the supervisor of elections
1550	a current address.
1551	3.  Know the location of his or her polling place and its
1552	hours of operation.
1553	4.  Bring proper identification to the polling station.
1554	5.  Familiarize himself or herself with the operation of
1555	the voting equipment in his or her precinct.
1556	6.  Treat precinct workers with courtesy.
1557	7.  Respect the privacy of other voters.
1558	8.  Report any problems or violations of election laws to
1559	the supervisor of elections.
1560	9.  Ask questions, if needed.
1561	10.  Make sure that his or her completed ballot is correct
1562	before leaving the polling station.
1563
1564	NOTE TO VOTER: Failure to perform any of these responsibilities
1565	does not prohibit a voter from voting.
1566	Section 23.  Subsections (2) and (3) of section 101.043,
1567	Florida Statutes, are amended to read:
1568	101.043  Identification required at polls.--
1569	(2)  Except as provided in subsection (3), if the elector
1570	fails to furnish the required identification, or if the clerk or
1571	inspector is in doubt as to the identity of the elector, such
1572	clerk or inspector shall follow the procedure prescribed in s.
1573	101.49.
1574	(3)  If the elector who fails to furnish the required
1575	identification is a first-time voter who registered by mail and
1576	has not provided the required identification to the supervisor
1577	of elections prior to election day, the elector shall be allowed
1578	to vote a provisional ballot. The canvassing board shall
1579	determine the validity of the ballot pursuant to s. 101.048(2).
1580	Section 24.  Section 101.048, Florida Statutes, is amended
1581	to read:
1582	101.048  Provisional ballots.--
1583	(1)  At all elections, a voter claiming to be properly
1584	registered in the county and eligible to vote at the precinct in
1585	the election, but whose eligibility cannot be determined, a
1586	person who an election official asserts is not eligible and
1587	other persons specified in the code shall be entitled to vote a
1588	provisional ballot. Once voted, the provisional ballot shall be
1589	placed in a secrecy envelope and thereafter sealed in a
1590	provisional ballot envelope. The provisional ballot shall be
1591	deposited in a ballot box. All provisional ballots shall remain
1592	sealed in their envelopes for return to the supervisor of
1593	elections. The department shall prescribe the form of the
1594	provisional ballot envelope. A person casting a provisional
1595	ballot shall have the right to present written evidence
1596	supporting his or her eligibility to vote to the supervisor of
1597	elections by not later than 5 p.m. on the third day following
1598	the election.
1599	(2)(a)  The county canvassing board shall examine each
1600	Provisional Ballot Voter's Certificate and Affirmation envelope
1601	to determine if the person voting that ballot was entitled to
1602	vote at the precinct where the person cast a vote in the
1603	election and that the person had not already cast a ballot in
1604	the election. In determining whether a person casting a
1605	provisional ballot is entitled to vote, the county canvassing
1606	board shall review the information provided on the Voter's
1607	Certificate and Affirmation, written evidence provided by the
1608	person casting the provisional ballot pursuant to subsection
1609	(1), any other evidence presented by the supervisor of
1610	elections, and, in the case of a challenge, any evidence
1611	presented by the challenger. A ballot of a person casting a
1612	provisional ballot should be counted unless, by a preponderance
1613	of the evidence, the canvassing board determines that the person
1614	was not entitled to vote.
1615	(b)1.  If it is determined that the person was registered
1616	and entitled to vote at the precinct where the person cast a
1617	vote in the election, the canvassing board shall compare the
1618	signature on the Provisional Ballot Voter's Certificate and
1619	Affirmation envelope with the signature on the voter's
1620	registration and, if it matches, shall count the ballot.
1621	2.  If it is determined that the person voting the
1622	provisional ballot was not registered or entitled to vote at the
1623	precinct where the person cast a vote in the election, the
1624	provisional ballot shall not be counted and the ballot shall
1625	remain in the envelope containing the Provisional Ballot Voter's
1626	Certificate and Affirmation and the envelope shall be marked
1627	"Rejected as Illegal."
1628	(3)  The Provisional Ballot Voter's Certificate and
1629	Affirmation shall be in substantially the following form:
1630
1631	STATE OF FLORIDA
1632	COUNTY OF _____
1633
1634	I do solemnly swear (or affirm) that my name is _____; that
1635	my date of birth is _____; that I am registered and qualified to
1636	vote and at the time I registered I resided at _____, in the
1637	municipality of _____, in _____ County, Florida; that I am
1638	registered in the _____ Party; that I am a qualified voter of
1639	the county; and that I have not voted in this election. I
1640	understand that if I commit any fraud in connection with voting,
1641	vote a fraudulent ballot, or vote more than once in an election,
1642	I can be convicted of a felony of the third degree and fined up
1643	to $5,000 and/or imprisoned for up to 5 years.
1644	(Signature of Voter)
1645	(Current Residence Address)
1646	(Current Mailing Address)
1647	(City, State, Zip Code)
1648	(Driver's License Number or Last Four Digits of Social
1649	Security Number)
1650
1651	Sworn to and subscribed before me this _____ day of __________,
1652	(year).
1653	(Election Official)
1654
1655	Precinct # _____Ballot Style/Party Issued: _____
1656	(4)  Notwithstanding the requirements of subsections (1)
1657	through (3) In counties where the voting system does not utilize
1658	a paper ballot, the supervisor of elections may, and for persons
1659	with disabilities shall, provide the appropriate provisional
1660	ballot to the voter by electronic means that meet the
1661	requirements of s. 101.56062 as provided for by the certified
1662	voting system. Each person casting a provisional ballot by
1663	electronic means shall, prior to casting his or her ballot,
1664	complete the Provisional Ballot Voter's Certificate and
1665	Affirmation as provided in subsection (3).
1666	(5)  Each person casting a provisional ballot shall be
1667	given written instructions regarding the person's right to
1668	provide the supervisor of elections with written evidence of
1669	their eligibility to vote and the free access system established
1670	pursuant to subsection (6). The instructions shall contain
1671	information on how to access the system and the information the
1672	voter will need to provide to obtain information on his or her
1673	particular ballot. The instructions shall also include the
1674	following statement: "If this is a primary election, you should
1675	contact the supervisor of elections' office immediately to
1676	confirm that you are registered and can vote in the general
1677	election."
1678	(6)  Each supervisor of elections shall establish a free
1679	access system that allows each person who casts a provisional
1680	ballot to determine whether his or her provisional ballot was
1681	counted in the final canvass of votes and, if not, the reasons
1682	why. Information regarding provisional ballots shall be
1683	available no later than 30 days following the election. The
1684	system established must restrict information regarding an
1685	individual ballot to the person who cast the ballot.
1686	Section 25.  Subsection (5) of section 101.049, Florida
1687	Statutes, is amended to read:
1688	101.049  Provisional ballots; special circumstances.--
1689	(5)  As an alternative, provisional ballots cast pursuant
1690	to this section may, and for persons with disabilities shall, be
1691	cast in accordance with the provisions of s. 101.048(4).
1692	Section 26.  Subsection (2) of section 101.051, Florida
1693	Statutes, is amended, subsection (5) is renumbered as subsection
1694	(6), and a new subsection (5) is added to said section, to read:
1695	101.051  Electors seeking assistance in casting ballots;
1696	oath to be executed; forms to be furnished.--
1697	(2)  It is unlawful for any person to be in the voting
1698	booth with any elector except as provided in subsection (1). At
1699	the polling place or early voting site or within 100 feet of the
1700	entrance of such locations, it is unlawful for any person to
1701	solicit any elector in an effort to provide such elector
1702	assistance to vote pursuant to subsection (1). Any person
1703	violating this section commits a felony of the third degree,
1704	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1705	(5)  If an elector needing assistance requests that a
1706	person other than an election official provide him or her
1707	assistance to vote, the clerk or one of the inspectors shall
1708	require the person providing assistance to take the following
1709	oath:
1710
1711	DECLARATION TO PROVIDE ASSISTANCE
1712
1713	State of Florida
1714	County of __________
1715	Date: ______________
1716	Precinct # __________
1717	I, (print name), have been requested by (print name of elector
1718	needing assistance) to provide him or her with assistance to
1719	vote. I swear or affirm that I am not the employer, an agent of
1720	the employer, or an officer or agent of the union of the voter
1721	and that I have not solicited this voter at the polling place or
1722	early voting site or within 100 feet of such locations in an
1723	effort to provide assistance.
1724	Signature of assistor
1725	Sworn and subscribed to before me this  ________ day of
1726	___________, (year).
1727	Signature of Official Administering Oath
1728	(6)(5)  The supervisor of elections shall deliver a
1729	sufficient number of these forms to each precinct, along with
1730	other election paraphernalia.
1731	Section 27.  Section 101.111, Florida Statutes, is amended
1732	to read:
1733	101.111  Person desiring to vote may be challenged;
1734	challenger to execute oath; oath of person challenged;
1735	determination of challenge.--
1736	(1)  When the right to vote of any person who desires to
1737	vote is challenged by any elector or poll watcher, the challenge
1738	shall be reduced to writing with an oath as provided in this
1739	section, giving reasons for the challenge, which shall be
1740	delivered to the clerk or inspector. Any elector or poll watcher
1741	challenging the right of a person to vote shall execute the oath
1742	set forth below:
1743
1744	OATH OF PERSON ENTERING CHALLENGE
1745
1746	State of Florida
1747	County of _____
1748
1749	I do solemnly swear that my name is _____; that I am a member of
1750	the _____ party; that I am a registered voter or poll watcher
1751	_____ years old; that my residence address is _____, in the
1752	municipality of _____; and that I have reason to believe that
1753	_____ is attempting to vote illegally and the reasons for my
1754	belief are set forth herein to wit:
1755	(Signature of person challenging voter)
1756
1757	Sworn and subscribed to before me this _____ day of _____,
1758	(year)  .
1759	(Clerk of election)
1760	(2)  Before a person who is challenged is permitted to
1761	vote, the challenged person's right to vote shall be determined
1762	in accordance with the provisions of subsection (3). The clerk
1763	or inspector shall immediately deliver to the challenged person
1764	a copy of the oath of the person entering the challenge and the
1765	challenged person shall be allowed to cast a provisional ballot.
1766	shall request the challenged person to execute the following
1767	oath:
1768
1769	OATH OF PERSON CHALLENGED
1770
1771	State of Florida
1772	County of _____
1773
1774	I do solemnly swear that my name is _____; that I am a member of
1775	the _____ party; that my date of birth is _____; that my
1776	residence address is _____, in the municipality of _____, in
1777	this the _____ precinct of _____ county; that I personally made
1778	application for registration and signed my name and that I am a
1779	qualified voter in this election.
1780	(Signature of person)
1781
1782	Sworn and subscribed to before me this _____ day of _____,
1783	(year)  .
1784	(Clerk of election or Inspector)
1785
1786	Any inspector or clerk of election may administer the oath.
1787	(3)(a)  Any elector or poll watcher may challenge the right
1788	of any voter to vote not sooner than 30 days before an election
1789	by filing a completed copy of the oath contained in subsection
1790	(1) to the supervisor of election's office. The challenged voter
1791	shall be permitted to cast a provisional ballot.
1792	(4)  Any elector or poll watcher filing a frivolous
1793	challenge of any person's right to vote commits a misdemeanor of
1794	the first degree, punishable as provided in s. 775.082, s.
1795	775.083, or s. 775.084, provided, however, that electors or poll
1796	watchers shall not be subject to liability for any action taken
1797	in good faith and in furtherance of any activity or duty
1798	permitted of such electors or poll watchers by law. Each
1799	instance where any elector or poll watcher files a frivolous
1800	challenge of any person's right to vote constitutes a separate
1801	offense. The clerk and inspectors shall compare the information
1802	in the challenged person's oath with that entered on the
1803	precinct register and shall take any other evidence that may be
1804	offered. The clerk and inspectors shall then decide by a
1805	majority vote whether the challenged person may vote a regular
1806	ballot.
1807	(b)  If the challenged person refuses to complete the oath
1808	or if a majority of the clerk and inspectors doubt the
1809	eligibility of the person to vote, the challenged person shall
1810	be allowed to vote a provisional ballot. The oath of the person
1811	entering the challenge and the oath of the person challenged
1812	shall be attached to the provisional ballot for transmittal to
1813	the canvassing board.
1814	Section 28.  Section 101.131, Florida Statutes, is amended
1815	to read:
1816	101.131  Watchers at polls.--
1817	(1)  Each political party and each candidate may have one
1818	watcher in each polling room or early voting area at any one
1819	time during the election. A political committee, if formed for
1820	the specific purpose of expressly advocating the passage or
1821	defeat of an issue on the ballot, may have one watcher for each
1822	polling room or early voting area at any one time during the
1823	election. No watcher shall be permitted to come closer to the
1824	officials' table or the voting booths than is reasonably
1825	necessary to properly perform his or her functions, but each
1826	shall be allowed within the polling room or early voting area to
1827	watch and observe the conduct of electors and officials. The
1828	watchers shall furnish their own materials and necessities and
1829	shall not obstruct the orderly conduct of any election and shall
1830	pose any questions regarding polling place procedures directly
1831	to the clerk for resolution. Poll watchers shall not interact
1832	with electors. Each watcher shall be a qualified and registered
1833	elector of the county in which he or she serves.
1834	(2)  Each party, each political committee, and each
1835	candidate requesting to have poll watchers shall designate, in
1836	writing, poll watchers for each polling room on election day
1837	precinct prior to noon of the second Tuesday preceding the
1838	election. Designations of poll watchers for early voting areas
1839	shall be submitted to the supervisor no later than 14 days prior
1840	to the beginning of early voting. The poll watchers for each
1841	polling room precinct shall be approved by the supervisor of
1842	elections on or before the Tuesday before the election and the
1843	poll watchers for early voting areas shall be approved on or
1844	before the 7th day prior to the beginning of early voting. The
1845	supervisor shall furnish to each election board precinct a list
1846	of the poll watchers designated and approved for such polling
1847	room or early voting area precinct.
1848	(3)  No candidate or sheriff, deputy sheriff, police
1849	officer, or other law enforcement officer may be designated as a
1850	poll watcher.
1851	Section 29.  Subsection (1) of section 101.151, Florida
1852	Statutes, is amended to read:
1853	101.151  Specifications for ballots.--
1854	(1)  Marksense Paper ballots shall be printed on paper of
1855	such thickness that the printing cannot be distinguished from
1856	the back and shall meet the specifications of the voting system
1857	that will be used to read the ballots.
1858	Section 30.  Section 101.171, Florida Statutes, is amended
1859	to read:
1860	101.171  Copy of constitutional amendment to be available
1861	at polling locations posted.--Whenever any amendment to the
1862	State Constitution is to be voted upon at any election, the
1863	Department of State shall have printed, and shall furnish to
1864	each supervisor of elections, a sufficient number of copies of
1865	the amendment, either in poster or booklet form, and the
1866	supervisor shall have a copy thereof conspicuously posted or
1867	available at each polling room precinct upon the day of
1868	election.
1869	Section 31.  Subsections (4) and (5) of section 101.294,
1870	Florida Statutes, are added to read:
1871	101.294  Purchase and sale of voting equipment.--
1872	(4)  A vendor of voting equipment may not provide an
1873	uncertified voting system, voting system component, or voting
1874	system upgrade to a governing body or supervisor of elections in
1875	this state.
1876	(5)  Before or in conjunction with providing a voting
1877	system, voting system component, or voting system upgrade, the
1878	vendor shall provide the governing body or supervisor of
1879	elections with a sworn certification that the voting system,
1880	voting system component, or voting system upgrade being provided
1881	has been certified by the Division of Elections.
1882	Section 32.  Section 101.295, Florida Statutes, is amended
1883	to read:
1884	101.295  Penalties for violation.--
1885	(1)  Any member of a governing body which purchases or
1886	sells voting equipment in violation of the provisions of ss.
1887	101.292-101.295, which member knowingly votes to purchase or
1888	sell voting equipment in violation of the provisions of ss.
1889	101.292-101.295, is guilty of a misdemeanor of the first degree,
1890	punishable as provided by s. 775.082 or s. 775.083, and shall be
1891	subject to suspension from office on the grounds of malfeasance.
1892	(2)  Any vendor, chief executive officer, or vendor
1893	representative of voting equipment who provides a voting system,
1894	voting system component, or voting system upgrade in violation
1895	of this chapter commits a felony of the third degree, punishable
1896	as provided in s. 775.082, s. 775.083, or s. 775.084.
1897	Section 33.  Section 101.49, Florida Statutes, is amended
1898	to read:
1899	101.49  Procedure of election officers where signatures
1900	differ.--
1901	(1)  Whenever any clerk or inspector, upon a just
1902	comparison of the signatures, doubts that the signature on the
1903	identification presented by the of any elector who presents
1904	himself or herself at the polls to vote is the same as the
1905	signature of the elector affixed on the precinct register or
1906	early voting certificate in the registration book, the clerk or
1907	inspector shall deliver to the person an affidavit which shall
1908	be in substantially the following form:
1909
1910	STATE OF FLORIDA,
1911	COUNTY OF _____.
1912	I do solemnly swear (or affirm) that my name is _____; that
1913	I am _____ years old; that I was born in the State of _____;
1914	that I am registered to vote, and at the time I registered I
1915	resided on _____ Street, in the municipality of _____, County of
1916	_____, State of Florida; that I am a qualified voter of the
1917	county and state aforesaid and have not voted in this election.
1918	(Signature of voter)
1919	Sworn to and subscribed before me this _____ day of _____,
1920	A. D.   (year)  .
1921	(Clerk or inspector of election)
1922	Precinct No. _____.
1923	County of _____.
1924	(2)  The person shall fill out, in his or her own
1925	handwriting or with assistance from a member of the election
1926	board, the form and make an affidavit to the facts stated in the
1927	filled-in form; such affidavit shall then be sworn to and
1928	subscribed before one of the inspectors or clerks of the
1929	election who is authorized to administer the oath. Whenever the
1930	affidavit is made and filed with the clerk or inspector, the
1931	person shall then be admitted to cast his or her vote, but if
1932	the person fails or refuses to make out or file such affidavit
1933	but asserts his or her eligibility, then he or she shall be
1934	entitled to vote a provisional ballot not be permitted to vote.
1935	Section 34.  Subsection (1) of section 101.51, Florida
1936	Statutes, as amended by chapter 2002-281, is amended to read:
1937	101.51  Electors to occupy booth alone.--
1938	(1)  When the elector presents himself or herself to vote,
1939	the election official shall ascertain whether the elector's name
1940	is upon the register of electors, and, if the elector's name
1941	appears and no challenge interposes, or, if interposed, be not
1942	sustained, one of the election officials stationed at the
1943	entrance shall announce the name of the elector and permit him
1944	or her to enter the booth or compartment to cast his or her
1945	vote, allowing only one elector at a time to pass through to
1946	vote. An elector, while casting his or her ballot, may not
1947	occupy a booth or compartment already occupied or speak with
1948	anyone, except as provided by s. 101.051, while in the voting
1949	booth polling place.
1950	Section 35.  Subsection (4) of section 101.5606, Florida
1951	Statutes, is amended to read:
1952	101.5606  Requirements for approval of systems.--No
1953	electronic or electromechanical voting system shall be approved
1954	by the Department of State unless it is so constructed that:
1955	(4)  For systems using marksense paper ballots, it accepts
1956	a rejected ballot pursuant to subsection (3) if a voter chooses
1957	to cast the ballot, but records no vote for any office that has
1958	been overvoted or undervoted.
1959	Section 36.  Subsections (2) and (3) of section 101.5608,
1960	Florida Statutes, are amended to read:
1961	101.5608  Voting by electronic or electromechanical method;
1962	procedures.--
1963	(2)  When an electronic or electromechanical voting system
1964	utilizes a ballot card or marksense paper ballot, the following
1965	procedures shall be followed:
1966	(a)  After receiving a ballot from an inspector, the
1967	elector shall, without leaving the polling place, retire to a
1968	booth or compartment and mark the ballot. After preparing his or
1969	her ballot, the elector shall place the ballot in a secrecy
1970	envelope with the stub exposed or shall fold over that portion
1971	on which write-in votes may be cast, as instructed, so that the
1972	ballot will be deposited in the ballot box without exposing the
1973	voter's choices. Before the ballot is deposited in the ballot
1974	box, the inspector shall detach the exposed stub and place it in
1975	a separate envelope for audit purposes; when a fold-over ballot
1976	is used, the entire ballot shall be placed in the ballot box.
1977	(b)  Any voter who spoils his or her ballot or makes an
1978	error may return the ballot to the election official and secure
1979	another ballot, except that in no case shall a voter be
1980	furnished more than three ballots. If the vote tabulation device
1981	has rejected a ballot, the ballot shall be considered spoiled
1982	and a new ballot shall be provided to the voter unless the voter
1983	chooses to cast the rejected ballot. The election official,
1984	without examining the original ballot, shall state the possible
1985	reasons for the rejection and shall provide instruction to the
1986	voter pursuant to s. 101.5611. A spoiled ballot shall be
1987	preserved, without examination, in an envelope provided for that
1988	purpose. The stub shall be removed from the ballot and placed in
1989	an envelope.
1990	(c)  The supervisor of elections shall prepare for each
1991	polling place at least one ballot box to contain the ballots of
1992	a particular precinct, and each ballot box shall be plainly
1993	marked with the name of the precinct for which it is intended.
1994	(3)  The Department of State shall promulgate rules
1995	regarding voting procedures to be used when an electronic or
1996	electromechanical voting system is of a type which does not
1997	utilize a ballot card or marksense paper ballot.
1998	Section 37.  Subsection (2) of section 101.5612, Florida
1999	Statutes, is amended to read:
2000	101.5612  Testing of tabulating equipment.--
2001	(2)  On any day not more than 10 days prior to the
2002	commencement of early voting as provided in s. 101.657, the
2003	supervisor of elections shall have the automatic tabulating
2004	equipment publicly tested to ascertain that the equipment will
2005	correctly count the votes cast for all offices and on all
2006	measures. If the ballots to be used at the polling place on
2007	election day are not available at the time of the testing, the
2008	supervisor may conduct an additional test not more than 10 days
2009	prior to election day. Public notice of the time and place of
2010	the test shall be given at least 48 hours prior thereto by
2011	publication once in one or more newspapers of general
2012	circulation in the county or, if there is no newspaper of
2013	general circulation in the county, by posting the notice in at
2014	least four conspicuous places in the county. The supervisor or
2015	the municipal elections official may, at the time of qualifying,
2016	give written notice of the time and location of the public
2017	preelection test to each candidate qualifying with that office
2018	and obtain a signed receipt that the notice has been given. The
2019	Department of State shall give written notice to each statewide
2020	candidate at the time of qualifying, or immediately at the end
2021	of qualifying, that the voting equipment will be tested and
2022	advise each candidate to contact the county supervisor of
2023	elections as to the time and location of the public preelection
2024	test. The supervisor or the municipal elections official shall,
2025	at least 15 days prior to the commencement of early voting as
2026	provided in s. 101.657, send written notice by certified mail to
2027	the county party chair of each political party and to all
2028	candidates for other than statewide office whose names appear on
2029	the ballot in the county and who did not receive written
2030	notification from the supervisor or municipal elections official
2031	at the time of qualifying, stating the time and location of the
2032	public preelection test of the automatic tabulating equipment.
2033	The canvassing board shall convene, and each member of the
2034	canvassing board shall certify to the accuracy of the test. For
2035	the test, the canvassing board may designate one member to
2036	represent it. The test shall be open to representatives of the
2037	political parties, the press, and the public. Each political
2038	party may designate one person with expertise in the computer
2039	field who shall be allowed in the central counting room when all
2040	tests are being conducted and when the official votes are being
2041	counted. The designee shall not interfere with the normal
2042	operation of the canvassing board.
2043	Section 38.  Subsection (5) of section 101.5614, Florida
2044	Statutes, is amended to read:
2045	101.5614  Canvass of returns.--
2046	(5)  If any absentee ballot is physically damaged so that
2047	it cannot properly be counted by the automatic tabulating
2048	equipment, a true duplicate copy shall be made of the damaged
2049	ballot in the presence of witnesses and substituted for the
2050	damaged ballot. Likewise, a duplicate ballot shall be made of an
2051	absentee ballot containing an overvoted race or a marked
2052	absentee ballot in which every race is undervoted which shall
2053	include all valid votes as determined by the canvassing board
2054	based on rules adopted by the division pursuant to s.
2055	102.166(4)(5). All duplicate ballots shall be clearly labeled
2056	"duplicate," bear a serial number which shall be recorded on the
2057	defective ballot, and be counted in lieu of the defective
2058	ballot. After a ballot has been duplicated, the defective ballot
2059	shall be placed in an envelope provided for that purpose, and
2060	the duplicate ballot shall be tallied with the other ballots for
2061	that precinct.
2062	Section 39.  Section 101.572, Florida Statutes, is amended
2063	to read:
2064	101.572  Public inspection of ballots.--The official
2065	ballots and ballot cards received from election boards and
2066	removed from absentee ballot mailing envelopes shall be open for
2067	public inspection or examination while in the custody of the
2068	supervisor of elections or the county canvassing board at any
2069	reasonable time, under reasonable conditions; however, no
2070	persons other than the supervisor of elections or his or her
2071	employees or the county canvassing board shall handle any
2072	official ballot or ballot card. If the ballots are being
2073	examined prior to the end of the contest period in s. 102.168,
2074	the supervisor of elections shall make a reasonable effort to
2075	notify all candidates whose names appear on such ballots or
2076	ballot cards by telephone or otherwise of the time and place of
2077	the inspection or examination. All such candidates, or their
2078	representatives, shall be allowed to be present during the
2079	inspection or examination.
2080	Section 40.  Section 101.58, Florida Statutes, is amended
2081	to read:
2082	101.58  Supervising and observing registration and election
2083	processes.--
2084	(1)  The Department of State may, at any time it deems fit;
2085	upon the petition of 5 percent of the registered electors; or
2086	upon the petition of any candidate, county executive committee
2087	chair, state committeeman or committeewoman, or state executive
2088	committee chair, appoint one or more deputies whose duties shall
2089	be to observe and examine the registration and election
2090	processes and the condition, custody, and operation of voting
2091	systems and equipment in any county or municipality. The deputy
2092	shall have access to all registration books and records as well
2093	as any other records or procedures relating to the voting
2094	process. The deputy may supervise preparation of the voting
2095	equipment and procedures for election, and it shall be unlawful
2096	for any person to obstruct the deputy in the performance of his
2097	or her duty. The deputy shall file with the Department of State
2098	a report of his or her findings and observations of the
2099	registration and election processes in the county or
2100	municipality, and a copy of the report shall also be filed with
2101	the clerk of the circuit court of said county. The compensation
2102	of such deputies shall be fixed by the Department of State; and
2103	costs incurred under this section shall be paid from the annual
2104	operating appropriation made to the Department of State.
2105	(2)  Upon the written direction of the Secretary of State,
2106	any employee of the Department of State shall have full access
2107	to all premises, records, equipment, and staff of the supervisor
2108	of elections.
2109	Section 41.  Subsection (1) of section 101.595, Florida
2110	Statutes, is amended to read:
2111	101.595  Analysis and reports of voting problems.--
2112	(1)  No later than December 15 of each general election
2113	year, the supervisor of elections in each county shall report to
2114	the Department of State the total number of overvotes and
2115	undervotes in either the "President and Vice President" or
2116	"Governor and Lieutenant Governor" race that appears first on
2117	the ballot or, if neither appears, the first race appearing on
2118	the ballot pursuant to s. 101.151(2), along with the likely
2119	reasons for such overvotes and undervotes and other information
2120	as may be useful in evaluating the performance of the voting
2121	system and identifying problems with ballot design and
2122	instructions which may have contributed to voter confusion.
2123	Section 42.  Subsection (1) of section 101.6103, Florida
2124	Statutes, is amended, subsection (6) is renumbered as subsection
2125	(7), and a new subsection (6) is added to said section, to read:
2126	101.6103  Mail ballot election procedure.--
2127	(1)  Except as otherwise provided in subsection (7)(6), the
2128	supervisor of elections shall mail all official ballots with a
2129	secrecy envelope, a return mailing envelope, and instructions
2130	sufficient to describe the voting process to each elector
2131	entitled to vote in the election not sooner than the 20th day
2132	before the election and not later than the 10th day before the
2133	date of the election. All such ballots shall be mailed by first-
2134	class mail. Ballots shall be addressed to each elector at the
2135	address appearing in the registration records and placed in an
2136	envelope which is prominently marked "Do Not Forward."
2137	(6)  The canvassing board may begin the canvassing of mail
2138	ballots at 7 a.m. on the fourth day before the election,
2139	including processing the ballots through the tabulating
2140	equipment. However, results may not be released until after 7
2141	p.m. on election day. Any canvassing board member or election
2142	employee who releases any result prior to 7 p.m. on election day
2143	commits a felony of the third degree, punishable as provided in
2144	s. 775.082, s. 775.083, or s. 775.084.
2145	Section 43.  Subsections (2), (3), and (4) of section
2146	101.62, Florida Statutes, are amended to read:
2147	101.62  Request for absentee ballots.--
2148	(2)  If A request for an absentee ballot to be mailed to an
2149	elector shall be is received no later than 5 p.m. on the 6th day
2150	prior to after the Friday before the election by the supervisor
2151	of elections from an absent elector overseas, the supervisor
2152	shall send a notice to the elector acknowledging receipt of his
2153	or her request and notifying the elector that the ballot will
2154	not be forwarded due to insufficient time for return of the
2155	ballot by the required deadline. The supervisor of elections
2156	shall mail absentee ballots to voters requesting ballots by such
2157	deadline no later than 4 days before the election.
2158	(3)  For each request for an absentee ballot received, the
2159	supervisor shall record the date the request was made, the date
2160	the absentee ballot was delivered to the elector or the
2161	elector's designee or the date the ballot was delivered to the
2162	post office or other carrier mailed, the date the ballot was
2163	received by the supervisor, and such other information he or she
2164	may deem necessary. This information shall be confidential and
2165	exempt from the provisions of s. 119.07(1) and shall be made
2166	available to or reproduced only for the elector requesting the
2167	ballot, a canvassing board, an election official, a political
2168	party or official thereof, a candidate who has filed
2169	qualification papers and is opposed in an upcoming election, and
2170	registered political committees or registered committees of
2171	continuous existence, for political purposes only.
2172	(4)(a)  To each absent qualified elector overseas who has
2173	requested an absentee ballot, the supervisor of elections shall,
2174	not fewer than 35 days before the first primary election, mail
2175	an absentee ballot. Not fewer than 45 days before the second
2176	primary and general election, the supervisor of elections shall
2177	mail an absentee ballot. If the regular absentee ballots are not
2178	available, the supervisor shall mail an advance absentee ballot
2179	to those persons requesting ballots for such elections. The
2180	advance absentee ballot for the second primary shall be the same
2181	as the first primary absentee ballot as to the names of
2182	candidates, except that for any offices where there are only two
2183	candidates, those offices and all political party executive
2184	committee offices shall be omitted. Except as provided in ss.
2185	99.063(4) and 100.371(6), the advance absentee ballot for the
2186	general election shall be as specified in s. 101.151, except
2187	that in the case of candidates of political parties where
2188	nominations were not made in the first primary, the names of the
2189	candidates placing first and second in the first primary
2190	election shall be printed on the advance absentee ballot. The
2191	advance absentee ballot or advance absentee ballot information
2192	booklet shall be of a different color for each election and also
2193	a different color from the absentee ballots for the first
2194	primary, second primary, and general election. The supervisor
2195	shall mail an advance absentee ballot for the second primary and
2196	general election to each qualified absent elector for whom a
2197	request is received until the absentee ballots are printed. The
2198	supervisor shall enclose with the advance second primary
2199	absentee ballot and advance general election absentee ballot an
2200	explanation stating that the absentee ballot for the election
2201	will be mailed as soon as it is printed; and, if both the
2202	advance absentee ballot and the absentee ballot for the election
2203	are returned in time to be counted, only the absentee ballot
2204	will be counted. The Department of State may prescribe by rule
2205	the requirements for preparing and mailing absentee ballots to
2206	absent qualified electors overseas.
2207	(b)  As soon as the remainder of the absentee ballots are
2208	printed, the supervisor shall provide an absentee ballot to each
2209	elector by whom a request for that ballot has been made by one
2210	of the following means:
2211	1.  By nonforwardable, return-if-undeliverable mail to the
2212	elector's current mailing address on file with the supervisor,
2213	unless the elector specifies in the request that:
2214	a.  The elector is absent from the county and does not plan
2215	to return before the day of the election;
2216	b.  The elector is temporarily unable to occupy the
2217	residence because of hurricane, tornado, flood, fire, or other
2218	emergency or natural disaster; or
2219	c.  The elector is in a hospital, assisted-living facility,
2220	nursing home, short-term medical or rehabilitation facility, or
2221	correctional facility,
2222
2223	in which case the supervisor shall mail the ballot by
2224	nonforwardable, return-if-undeliverable mail to any other
2225	address the elector specifies in the request.
2226	2.  By forwardable mail to voters who are entitled to vote
2227	by absentee ballot under the Uniformed and Overseas Citizens
2228	Absentee Voting Act.
2229	3.  By personal delivery to the elector, upon presentation
2230	of the identification required in s. 101.657 until 7 p.m. on the
2231	day of the election.
2232	4.  By delivery to a designee on election day or up to 4
2233	days prior to the day of an election. Any elector may designate
2234	in writing a person to pick up the ballot for the elector;
2235	however, the person designated may not pick up more than two
2236	absentee ballots per election, other than the designee's own
2237	ballot, except that additional ballots may be picked up for
2238	members of the designee's immediate family. For purposes of this
2239	section, "immediate family" means the designee's spouse or the
2240	parent, child, grandparent, or sibling of the designee or of the
2241	designee's spouse. The designee shall provide to the supervisor
2242	the written authorization by the elector and a picture
2243	identification of the designee and must complete an affidavit.
2244	The designee shall state in the affidavit that the designee is
2245	authorized by the elector to pick up that ballot and shall
2246	indicate if the elector is a member of the designee's immediate
2247	family and, if so, the relationship. The department shall
2248	prescribe the form of the affidavit. If the supervisor is
2249	satisfied that the designee is authorized to pick up the ballot
2250	and that the signature of the elector on the written
2251	authorization matches the signature of the elector on file, the
2252	supervisor shall give the ballot to that designee for delivery
2253	to the elector.
2254	Section 44.  Subsection (3) of section 101.64, Florida
2255	Statutes, is added to read:
2256	101.64  Delivery of absentee ballots; envelopes; form.--
2257	(3)  In lieu of the voter's certificate provided in this
2258	section, the supervisor of elections shall provide each person
2259	voting absentee under the Uniformed and Overseas Citizens
2260	Absentee Voting Act with the standard oath prescribed by the
2261	presidential designee.
2262	Section 45.  Subsection (1) of section 101.657, Florida
2263	Statutes, is amended to read:
2264	101.657  Early voting.--
2265	(1)(a)  As a convenience to the voter, the supervisor of
2266	elections shall allow an elector to vote early in the main or
2267	branch office of the supervisor by depositing the voted ballot
2268	in a voting device used by the supervisor to collect or tabulate
2269	ballots. In order for a branch office to be used for early
2270	voting, it shall be a permanent full-service facility of the
2271	supervisor and shall have been designated and used as such for
2272	at least 1 year prior to the election. The supervisor may also
2273	designate any city hall or permanent public library facility as
2274	early voting sites; however, if so designated, the sites must be
2275	geographically located so as to provide all voters in the county
2276	an equal opportunity to cast a ballot, insofar as is
2277	practicable. The results or tabulation of votes cast during
2278	early voting may not be made before the close of the polls on
2279	election day. Results shall be reported by precinct.
2280	(b)  The supervisor shall designate each early voting site
2281	by no later than the 30th day prior to an election and shall
2282	designate an early voting area, as defined in s. 97.021, at each
2283	early voting site. Designation of early voting sites may not be
2284	changed except by petition to the division, which petition shall
2285	only be granted for reasons of a natural or unavoidable event
2286	resulting in the unavailability of such early voting site.
2287	(c)  All early voting sites in a county shall be open on
2288	the same days for the same amount of time and shall allow any
2289	person in line at the closing of an early voting site to vote.
2290	(d)(b)  Early voting shall begin on the 15th day before an
2291	election and end on the 2nd day before an election. For purposes
2292	of a special election held pursuant to s. 100.101, early voting
2293	shall begin on the 8th day before an election and end on the 2nd
2294	day before an election. Early voting shall be provided for at
2295	least 8 hours per weekday during the applicable periods. Early
2296	voting shall also be provided on for 8 hours in the aggregate
2297	for each weekend during the applicable periods.
2298	(e)  Notwithstanding the requirements of s. 100.3605,
2299	municipalities may provide early voting in municipal elections
2300	that are not held in conjunction with county or state elections.
2301	If a municipality provides early voting, it may designate as
2302	many sites as necessary and shall conduct its activities in
2303	accordance with the provisions of paragraphs (a)-(c). The
2304	supervisor is not required to conduct early voting if it is
2305	provided pursuant to this subsection.
2306	(f)  Notwithstanding the requirements of s. 189.405,
2307	special districts may provide early voting in any district
2308	election not held in conjunction with county or state elections.
2309	If a special district provides early voting, it may designate as
2310	many sites as necessary and shall conduct its activities in
2311	accordance with the provisions of paragraphs (a)-(c). The
2312	supervisor is not required to conduct early voting if it is
2313	provided pursuant to this subsection.
2314	Section 46.  Subsection (2) section 101.663, Florida
2315	Statutes, is amended to read:
2316	101.663  Electors; change of residence.--
2317	(2)  An elector registered in this state who moves his or
2318	her permanent residence to another state after the registration
2319	books in that state have closed and who is prohibited by the
2320	laws of that state from voting for the offices of President and
2321	Vice President of the United States shall be permitted to vote
2322	absentee in the county of his or her former residence for the
2323	those offices of President and Vice President.
2324	Section 47.  Subsection (1) of section 101.68, Florida
2325	Statutes, is amended to read:
2326	101.68  Canvassing of absentee ballot.--
2327	(1)  The supervisor of the county where the absent elector
2328	resides shall receive the voted ballot, at which time the
2329	supervisor shall compare the signature of the elector on the
2330	voter's certificate with the signature of the elector in the
2331	registration books to determine whether the elector is duly
2332	registered in the county and may record on the elector's
2333	registration certificate that the elector has voted. The
2334	supervisor shall safely keep the ballot unopened in his or her
2335	office until the county canvassing board canvasses the vote.
2336	Once an absentee ballot has been received by the supervisor, the
2337	ballot is deemed to have been cast and no changes or additions
2338	shall be made to the Voter's Certificate.
2339	Section 48.  Section 101.69, Florida Statutes, is amended
2340	to read:
2341	101.69  Voting in person; return of absentee ballot.--The
2342	provisions of this code shall not be construed to prohibit any
2343	elector from voting in person at the elector's precinct on the
2344	day of an election or at an early voting site notwithstanding
2345	that the elector has requested an absentee ballot for that
2346	election. However, an elector who has returned a voted absentee
2347	ballot to the supervisor is deemed to have cast his or her
2348	ballot and shall not be entitled to vote another ballot or have
2349	a provisional ballot counted by the county canvassing board. An
2350	elector who has received an absentee ballot and who has not
2351	returned the voted ballot to the supervisor, but desires to vote
2352	in person, shall return the ballot, whether voted or not, to the
2353	election board in the elector's precinct or to an early voting
2354	site. The returned ballot shall be marked "canceled" by the
2355	board and placed with other canceled ballots. However, if the
2356	elector does not return the ballot and the election official:
2357	(1)  Confirms that the supervisor has received the
2358	elector's absentee ballot, the elector shall not be allowed to
2359	vote in person. If the elector maintains that he or she has not
2360	returned the absentee ballot or remains eligible to vote, the
2361	elector shall be provided a provisional ballot as provided in s.
2362	101.048.
2363	(2)  Confirms that the supervisor has not received the
2364	elector's absentee ballot, the elector shall be allowed to vote
2365	in person as provided in this code. The elector's absentee
2366	ballot, if subsequently received, shall not be counted and shall
2367	remain in the mailing envelope, and the envelope shall be marked
2368	"Rejected as Illegal."
2369	(3)  Cannot determine whether the supervisor has received
2370	the elector's absentee ballot, the elector may vote a
2371	provisional ballot as provided in s. 101.048.
2372	Section 49.  Subsection (2) of section 101.6923, Florida
2373	Statutes, is amended to read:
2374	101.6923  Special absentee ballot instructions for certain
2375	first-time voters.--
2376	(2)  A voter covered by this section shall be provided with
2377	the following printed instructions with his or her absentee
2378	ballot in substantially the following form:
2379
2380
2381	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2382	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2383	TO COUNT.
2384
2385	1.  In order to ensure that your absentee ballot will be
2386	counted, it should be completed and returned as soon as possible
2387	so that it can reach the supervisor of elections of the county
2388	in which your precinct is located no later than 7 p.m. on the
2389	date of the election.
2390	2.  Mark your ballot in secret as instructed on the ballot.
2391	You must mark your own ballot unless you are unable to do so
2392	because of blindness, disability, or inability to read or write.
2393	3.  Mark only the number of candidates or issue choices for
2394	a race as indicated on the ballot. If you are allowed to "Vote
2395	for One" candidate and you vote for more than one, your vote in
2396	that race will not be counted.
2397	4.  Place your marked ballot in the enclosed secrecy
2398	envelope and seal the envelope.
2399	5.  Insert the secrecy envelope into the enclosed envelope
2400	bearing the Voter's Certificate. Seal the envelope and
2401	completely fill out the Voter's Certificate on the back of the
2402	envelope.
2403	a.  You must sign your name on the line above (Voter's
2404	Signature).
2405	b.  If you are an overseas voter, you must include the date
2406	you signed the Voter's Certificate on the line above (Date) or
2407	your ballot may not be counted.
2408	6.  Unless you meet one of the exemptions in Item 7., you
2409	must make a copy of one of the following forms of
2410	identification:
2411	a.  Identification which must include your name and
2412	photograph: current and valid Florida driver's license; Florida
2413	identification card issued by the Department of Highway Safety
2414	and Motor Vehicles; United States passport; employee badge or
2415	identification; buyer's club identification card; debit or
2416	credit card; military identification; student identification;
2417	retirement center identification; neighborhood association
2418	identification; entertainment identification; or public
2419	assistance identification; or
2420	b.  Identification which shows your name and current
2421	residence address: current utility bill, bank statement,
2422	government check, paycheck, or government document (excluding
2423	voter identification card).
2424	7.  The identification requirements of Item 6. do not apply
2425	if you meet one of the following requirements:
2426	a.  You are 65 years of age or older.
2427	b.  You have a temporary or permanent physical disability.
2428	c.  You are a member of a uniformed service on active duty
2429	who, by reason of such active duty, will be absent from the
2430	county on election day.
2431	d.  You are a member of the Merchant Marine who, by reason
2432	of service in the Merchant Marine, will be absent from the
2433	county on election day.
2434	e.  You are the spouse or dependent of a member referred to
2435	in paragraph c. or paragraph d. who, by reason of the active
2436	duty or service of the member, will be absent from the county on
2437	election day.
2438	f.  You are currently residing outside the United States.
2439	8.  Place the envelope bearing the Voter's Certificate into
2440	the mailing envelope addressed to the supervisor. Insert a copy
2441	of your identification in the mailing envelope. DO NOT PUT YOUR
2442	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2443	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2444	BALLOT WILL NOT COUNT.
2445	9.  Mail, deliver, or have delivered the completed mailing
2446	envelope. Be sure there is sufficient postage if mailed.
2447	10.  FELONY NOTICE. It is a felony under Florida law to
2448	accept any gift, payment, or gratuity in exchange for your vote
2449	for a candidate. It is also a felony under Florida law to vote
2450	in an election using a false identity or false address, or under
2451	any other circumstances making your ballot false or fraudulent.
2452	Section 50.  Subsection (3) of section 101.694, Florida
2453	Statutes, is amended to read:
2454	101.694  Mailing of ballots upon receipt of federal
2455	postcard application.--
2456	(3)  Absentee envelopes printed for voters entitled to vote
2457	absentee under the Uniformed and Overseas Citizens Absentee
2458	Voting Act shall meet the specifications as determined by the
2459	Federal Voting Assistance Program of the United States
2460	Department of Defense and the United States Postal Service.
2461	There shall be printed across the face of each envelope in which
2462	a ballot is sent to a federal postcard applicant, or is returned
2463	by such applicant to the supervisor, two parallel horizontal red
2464	bars, each one-quarter inch wide, extending from one side of the
2465	envelope to the other side, with an intervening space of one-
2466	quarter inch, the top bar to be 11/4 inches from the top of the
2467	envelope, and with the words "Official Election Balloting
2468	Material-via Air Mail," or similar language, between the bars.
2469	There shall be printed in the upper right corner of each such
2470	envelope, in a box, the words "Free of U. S. Postage, including
2471	Air Mail." All printing on the face of each envelope shall be in
2472	red, and there shall be printed in red in the upper left corner
2473	of each ballot envelope an appropriate inscription or blanks for
2474	return address of sender. Additional specifications may be
2475	prescribed by rule of the Division of Elections upon
2476	recommendation of the presidential designee under the Uniformed
2477	and Overseas Citizens Absentee Voting Act. Otherwise, the
2478	envelopes shall be the same as those used in sending ballots to,
2479	or receiving them from, other absentee voters.
2480	Section 51.  Section 101.697, Florida Statutes, is amended
2481	to read:
2482	101.697  Electronic transmission of election
2483	materials.--The Department of State shall adopt rules to
2484	authorize a supervisor of elections to accept a request for an
2485	absentee ballot and a voted absentee ballot by facsimile machine
2486	or other electronic means from overseas voters if the department
2487	can be assured that the security of the transmission of the
2488	ballot is able to be established. The rules must provide that in
2489	order to accept a voted ballot, the verification of the voter
2490	must be established, the security of the transmission must be
2491	established, and each ballot received must be recorded.
2492	Section 52.  Section 102.012, Florida Statutes, is amended
2493	to read:
2494	102.012  Inspectors and clerks to conduct elections.--
2495	(1)  The supervisor of elections of each county, at least
2496	20 days prior to the holding of any election, shall appoint an
2497	two election board comprised of poll workers who serve as clerks
2498	or inspectors boards for each precinct in the county; however,
2499	the supervisor of elections may, in any election, appoint one
2500	election board if the supervisor has reason to believe that only
2501	one is necessary. The clerk shall be in charge of, and
2502	responsible for, seeing that the election board carries out its
2503	duties and responsibilities. Each inspector and each clerk shall
2504	take and subscribe to an oath or affirmation, which shall be
2505	written or printed, to the effect that he or she will perform
2506	the duties of inspector or clerk of election, respectively,
2507	according to law and will endeavor to prevent all fraud, deceit,
2508	or abuse in conducting the election. The oath may be taken
2509	before an officer authorized to administer oaths or before any
2510	of the persons who are to act as inspectors, one of them to
2511	swear the others, and one of the others sworn thus, in turn, to
2512	administer the oath to the one who has not been sworn. The oaths
2513	shall be returned with the poll list and the returns of the
2514	election to the supervisor. In all questions that may arise
2515	before the members of an election board, the decision of a
2516	majority of them shall decide the question. The supervisor of
2517	elections of each county shall be responsible for the attendance
2518	and diligent performance of his or her duties by each clerk and
2519	inspector.
2520	(2)  Each member of the election board shall be able to
2521	read and write the English language and shall be a registered
2522	qualified elector of the county in which the member is appointed
2523	or a person who has preregistered to vote, pursuant to s.
2524	97.041(1)(b), in the county in which the member is appointed. No
2525	election board shall be composed solely of members of one
2526	political party; however, in any primary in which only one party
2527	has candidates appearing on the ballot, all clerks and
2528	inspectors may be of that party. Any person whose name appears
2529	as an opposed candidate for any office shall not be eligible to
2530	serve on an election board.
2531	(3)  The supervisor shall furnish inspectors of election
2532	for each precinct with the list of registered voters for the
2533	precinct registration books divided alphabetically as will best
2534	facilitate the holding of an election. The supervisor shall also
2535	furnish to the inspectors of election at the polling place at
2536	each precinct in the supervisor's county a sufficient number of
2537	forms and blanks for use on election day.
2538	(4)(a)  The election board of each precinct shall attend
2539	the polling place by 6 a.m. of the day of the election and shall
2540	arrange the furniture, stationery, and voting equipment.
2541	(b)  The An election board shall conduct the voting,
2542	beginning and closing at the time set forth in s. 100.011. If
2543	more than one board has been appointed, the second board shall,
2544	upon the closing of the polls, come on duty and count the votes
2545	cast. In such case, the first board shall turn over to the
2546	second board all closed ballot boxes, registration books, and
2547	other records of the election at the time the boards change. The
2548	second board shall continue counting until the count is complete
2549	or until 7 a.m. the next morning, and, if the count is not
2550	completed at that time, the first board that conducted the
2551	election shall again report for duty and complete the count. The
2552	second board shall turn over to the first board all ballots
2553	counted, all ballots not counted, and all registration books and
2554	other records and shall advise the first board as to what has
2555	transpired in tabulating the results of the election.
2556	(5)  In precincts in which there are more than 1,000
2557	registered electors, the supervisor of elections shall appoint
2558	additional election boards necessary for the election.
2559	(6)  In any precinct in which there are fewer than 300
2560	registered electors, it is not necessary to appoint two election
2561	boards, but one such board will suffice. Such board shall be
2562	composed of at least one inspector and one clerk.
2563	Section 53.  Section 102.014, Florida Statutes, is amended
2564	to read:
2565	102.014  Poll worker recruitment and training.--
2566	(1)  The supervisor of elections shall conduct training for
2567	inspectors, clerks, and deputy sheriffs prior to each primary,
2568	general, and special election for the purpose of instructing
2569	such persons in their duties and responsibilities as election
2570	officials. The Division of Elections shall develop a statewide
2571	uniform training curriculum for poll workers, and each
2572	supervisor shall use such curriculum in their poll worker
2573	training. A certificate may be issued by the supervisor of
2574	elections to each person completing such training. No person
2575	shall serve as an inspector, clerk, or deputy sheriff for an
2576	election unless such person has completed the training as
2577	required. A clerk may not work at the polls unless he or she
2578	demonstrates a working knowledge of the laws and procedures
2579	relating to voter registration, voting system operation,
2580	balloting and polling place procedures, and problem-solving and
2581	conflict-resolution skills.
2582	(2)  A person who has attended previous training conducted
2583	within 2 years before the election may be appointed by the
2584	supervisor to fill a vacancy on an election board day. If no
2585	person with prior training is available to fill such vacancy,
2586	the supervisor of elections may fill such vacancy in accordance
2587	with the provisions of subsection (3) from among persons who
2588	have not received the training required by this section.
2589	(3)  In the case of absence or refusal to act on the part
2590	of any inspector or clerk at any precinct on the day of an
2591	election, the supervisor shall appoint a replacement who meets
2592	the qualifications prescribed in s. 102.012(2). The inspector or
2593	clerk so appointed shall be a member of the same political party
2594	as the clerk or inspector whom he or she replaces.
2595	(4)  Each supervisor of elections shall be responsible for
2596	training inspectors and clerks, subject to the following minimum
2597	requirements:
2598	(a)  No clerk shall be entitled to work at the polls unless
2599	he or she has had a minimum of 3 hours of training prior to each
2600	election.
2601	(b)  No inspector shall work at the polls unless he or she
2602	has had a minimum of 2 hours of training prior to each election.
2603	(c)  For the purposes of this subsection, the first and
2604	second primary elections shall be considered one election.
2605	(5)  The Department of State shall create a uniform polling
2606	place procedures manual and adopt the manual by rule. Each
2607	supervisor of elections shall ensure that the manual is
2608	available in hard copy or electronic form in every polling place
2609	precinct in the supervisor's jurisdiction on election day. The
2610	manual shall guide inspectors, clerks, and deputy sheriffs in
2611	the proper implementation of election procedures and laws. The
2612	manual shall be indexed by subject, and written in plain, clear,
2613	unambiguous language. The manual shall provide specific examples
2614	of common problems encountered at the polls on election day, and
2615	detail specific procedures for resolving those problems. The
2616	manual shall include, without limitation:
2617	(a)  Regulations governing solicitation by individuals and
2618	groups at the polling place;
2619	(b)  Procedures to be followed with respect to voters whose
2620	names are not on the precinct register;
2621	(c)  Proper operation of the voting system;
2622	(d)  Ballot handling procedures;
2623	(e)  Procedures governing spoiled ballots;
2624	(f)  Procedures to be followed after the polls close;
2625	(g)  Rights of voters at the polls;
2626	(h)  Procedures for handling emergency situations;
2627	(i)  Procedures for dealing with irate voters;
2628	(j)  The handling and processing of provisional ballots;
2629	and
2630	(k)  Security procedures.
2631
2632	The Department of State shall revise the manual as necessary to
2633	address new procedures in law or problems encountered by voters
2634	and poll workers at the precincts.
2635	(6)  Supervisors of elections shall work with the business
2636	and local community to develop public-private programs to ensure
2637	the recruitment of skilled inspectors and clerks.
2638	(7)  The Department of State shall develop a mandatory,
2639	statewide, and uniform program for training poll workers on
2640	issues of etiquette and sensitivity with respect to voters
2641	having a disability. The program must consist of approximately 1
2642	hour of the required number of hours set forth in paragraph
2643	(4)(a). The program must be conducted locally by each supervisor
2644	of elections, who shall periodically certify to the Department
2645	of State whether each poll worker has completed the program. The
2646	supervisor of elections shall contract with a recognized
2647	disability-related organization, such as a center for
2648	independent living, family network on disabilities, deaf service
2649	bureau, or other such organization, to develop and assist with
2650	training the trainers in the disability sensitivity programs.
2651	The program must include actual demonstrations of obstacles
2652	confronted by disabled persons during the voting process,
2653	including obtaining access to the polling place, traveling
2654	through the polling area, and using the voting system.
2655	Section 54.  Section 102.031, Florida Statutes, is amended
2656	to read:
2657	102.031  Maintenance of good order at polls; authorities;
2658	persons allowed in polling rooms and early voting areas;
2659	unlawful solicitation of voters.--
2660	(1)  Each election board shall possess full authority to
2661	maintain order at the polls and enforce obedience to its lawful
2662	commands during an election and the canvass of the votes.
2663	(2)  The sheriff shall deputize a deputy sheriff for each
2664	polling place and each early voting site who shall be present
2665	during the time the polls or early voting site are open and
2666	until the election is completed, who shall be subject to all
2667	lawful commands of the clerk or inspectors, and who shall
2668	maintain good order. The deputy may summon assistance from among
2669	bystanders to aid him or her when necessary to maintain peace
2670	and order at the polls or early voting sites.
2671	(3)(a)  No person may enter any polling room or polling
2672	place where the polling place is also a polling room or any
2673	early voting area, during voting hours except the following:
2674	1.  Official poll watchers;
2675	2.  Inspectors;
2676	3.  Election clerks;
2677	4.  The supervisor of elections or his or her deputy;
2678	5.  Persons there to vote, persons in the care of a voter,
2679	or persons caring for such voter;
2680	6.  Law enforcement officers or emergency service personnel
2681	there with permission of the clerk or a majority of the
2682	inspectors; or
2683	7.  A person, whether or not a registered voter, who is
2684	assisting with or participating in a simulated election for
2685	minors, as approved by the supervisor of elections.
2686
2687	No person may bring a camera into the polling room or early
2688	voting area.
2689	(b)  The restriction in paragraph (a) this subsection does
2690	not apply where the polling room is in an area commonly
2691	traversed by the public in order to gain access to businesses or
2692	homes or in an area traditionally utilized as a public area for
2693	discussion.
2694	(4)(a)(c)  No person, political committee, committee of
2695	continuous existence, or other group or organization may solicit
2696	voters inside the polling place or within 100 50 feet of the
2697	entrance to any polling place, or polling room where the polling
2698	place is also a polling room, or early voting site. Before the
2699	opening of the polling place or early voting site, the clerk or
2700	supervisor shall designate the no solicitation zone and mark the
2701	boundaries on the day of any election.
2702	1.  Solicitation shall not be restricted if:
2703	a.  Conducted from a separately marked area within the 50-
2704	foot zone so as not to disturb, hinder, impede, obstruct, or
2705	interfere with voter access to the polling place or polling room
2706	entrance; and
2707	b.  The solicitation activities and subject matter are
2708	clearly and easily identifiable by the voters as an activity in
2709	which they may voluntarily participate; or
2710	c.  Conducted on property within the 50-foot zone which is
2711	a residence, established business, private property, sidewalk,
2712	park, or property traditionally utilized as a public area for
2713	discussion.
2714	2.  Solicitation shall not be permitted within the 50-foot
2715	zone on a public sidewalk or other similar means of access to
2716	the polling room if it is clearly identifiable to the poll
2717	workers that the solicitation is impeding, obstructing, or
2718	interfering with voter access to the polling room or polling
2719	place.
2720	(b)(d)  For the purpose of this subsection, the term
2721	"solicit" shall include, but not be limited to, seeking or
2722	attempting to seek any vote, fact, opinion, or contribution;
2723	distributing or attempting to distribute any political or
2724	campaign material, leaflet, or handout; conducting a poll;
2725	seeking or attempting to seek a signature on any petition; and
2726	selling or attempting to sell any item.
2727	(5)(e)  Each supervisor of elections shall inform the clerk
2728	of each precinct of the area within which soliciting is
2729	unlawful, based on the particular characteristics of that
2730	polling place. The supervisor or the clerk may take any
2731	reasonable action necessary to ensure order at the polling
2732	places including, but not limited to, which shall include:
2733	1.  Designating a specific area for soliciting pursuant to
2734	paragraph (c) of this subsection, or
2735	2.  having disruptive and unruly persons removed by law
2736	enforcement officers from the polling room or place or from the
2737	100-foot 50-foot zone surrounding the polling place.
2738	Section 55.  Section 102.071, Florida Statutes, is amended
2739	to read:
2740	102.071  Tabulation of absentee ballots, early votes,
2741	votes, and proclamation of results where ballots are used.--
2742	(1)  Beginning the 60th day before each election or 5 days
2743	following a primary election, whichever is sooner, each
2744	supervisor of elections shall post on its website in a manner
2745	specified by the division and make publicly available the total
2746	number of absentee ballots requested, mailed, and returned and
2747	the total number of rejected ballots for that election as of
2748	that date. For any supervisor of elections who does not maintain
2749	a website, the division shall post the required information on
2750	its website. This information shall be posted with results
2751	broken down by party affiliation. Each supervisor of elections
2752	shall prepare an electronic data file listing the individual
2753	voters who have requested an absentee ballot, voters who have
2754	been mailed an absentee ballot, and voters who have returned an
2755	absentee ballot. This information shall be updated and made
2756	available no later than noon each day. Such information shall
2757	contemporaneously be provided to the division. The division is
2758	authorized to adopt rules necessary to effectuate this
2759	subsection. The division may require that such information be
2760	provided to it electronically and in a manner specified by the
2761	division. Any supervisor who fails to comply with the
2762	requirements of this subsection shall be subject to a civil
2763	penalty of up to $500 per violation, which fine shall be paid
2764	out of the personal funds of the supervisor. Only the Secretary
2765	of State may file a complaint to the Florida Elections
2766	Commission alleging willful failure to comply with the
2767	requirements of this subsection.
2768	(2)  During any early voting period, each supervisor of
2769	elections shall post on its official website in a manner
2770	specified by the division and make publicly available the total
2771	number of votes cast at each early vote location for all voters
2772	who cast a ballot during early voting the previous day. For any
2773	supervisor of elections who does not maintain a website, the
2774	division shall post the required information on its website.
2775	Each supervisor of elections shall prepare an electronic data
2776	file listing the individual voters who cast a ballot during the
2777	early voting period. This information shall be updated and made
2778	available no later than noon each day. Any supervisor who fails
2779	to comply with the requirements of this subsection shall be
2780	subject to a civil penalty of up to $500 per violation, which
2781	fine shall be paid out of the personal funds of the supervisor.
2782	Only the Secretary of State may file a complaint to the Florida
2783	Elections Commission alleging willful failure to comply with the
2784	requirements of this subsection.
2785	(3)  The election board shall post at the polls, for the
2786	benefit of the public, the results of the voting for each office
2787	or other item on the ballot as the count is completed. Upon
2788	completion of all counts in all races, a certificate triplicate
2789	certificates of the results shall be drawn up by the inspectors
2790	and clerk at each precinct upon a form provided by the
2791	supervisor of elections which shall contain the name of each
2792	person voted for, for each office, and the number of votes cast
2793	for each person for such office; and, if any question is
2794	submitted, the certificate shall also contain the number of
2795	votes cast for and against the question. The certificate shall
2796	be signed by the inspectors and clerk, and one of the
2797	certificates shall be delivered without delay by one of the
2798	inspectors, securely sealed, to the supervisor for immediate
2799	publication; the duplicate copy of the certificate shall be
2800	delivered to the county court judge; and the remaining copy
2801	shall be enclosed in the ballot box together with the oaths of
2802	inspectors and clerks. All the ballot boxes, ballots, ballot
2803	stubs, memoranda, and papers of all kinds used in the election
2804	shall also be transmitted, after being sealed by the inspectors,
2805	to with the certificates of result of the election to be filed
2806	in the supervisor's office. Registration books and the poll
2807	lists shall not be placed in the ballot boxes but shall be
2808	returned to the supervisor.
2809	Section 56.  Subsection (1) of section 102.111, Florida
2810	Statutes, is amended to read:
2811	102.111  Elections Canvassing Commission.--
2812	(1)  The Elections Canvassing Commission shall consist of
2813	the Governor and two members of the Cabinet selected by the
2814	Governor. If a member of the Elections Canvassing Commission is
2815	unable to serve for any reason, the Governor shall appoint a
2816	remaining member of the Cabinet. If there is a further vacancy,
2817	the remaining members of the commission shall agree on another
2818	elected official to fill the vacancy. The Elections Canvassing
2819	Commission shall, as soon as the official results are compiled
2820	from all counties, certify the returns of the election and
2821	determine and declare who has been elected for each federal,
2822	state, and multicounty office. If within 5 days of the
2823	certification by the Elections Canvassing Commission, a county
2824	determines that a typographical error occurred in the official
2825	returns of the county, the correction of which would result in a
2826	change in the outcome of any election certified by the Elections
2827	Canvassing Commission, the county must submit corrected returns
2828	within 24 hours and the Elections Canvassing Commission shall as
2829	soon as practicable correct and recertify the election returns.
2830	Section 57.  Subsections (1) and (2) of section 102.112,
2831	Florida Statutes, are amended to read:
2832	102.112  Deadline for submission of county returns to the
2833	Department of State.--
2834	(1)  The county canvassing board or a majority thereof
2835	shall file the county returns for the election of a federal or
2836	state officer with the Department of State immediately after
2837	certification of the election results. The returns must contain
2838	a certification by the canvassing board that the board has
2839	reconciled the number of persons who voted with the number of
2840	ballots counted and that the certification includes all valid
2841	votes cast in the election.
2842	(2)  Returns must be filed by 5 p.m. on the 7th day
2843	following a primary election and by 5 p.m. on the 11th day
2844	following the general election provided, however, that the
2845	Department of State shall have the authority to correct
2846	typographical errors, including the transposition of numbers, in
2847	any returns submitted to the Department of State pursuant to s.
2848	102.111(1).
2849	Section 58.  Section 102.141, Florida Statutes, is amended
2850	to read:
2851	102.141  County canvassing board; duties.--
2852	(1)  The county canvassing board shall be composed of the
2853	supervisor of elections; a county court judge, who shall act as
2854	chair; and the chair of the board of county commissioners. In
2855	the event any member of the county canvassing board is unable to
2856	serve, is a candidate who has opposition in the election being
2857	canvassed, or is an active participant in the campaign or
2858	candidacy of any candidate who has opposition in the election
2859	being canvassed, such member shall be replaced as follows:
2860	(a)  If no county court judge is able to serve or if all
2861	are disqualified, the chief judge of the judicial circuit in
2862	which the county is located shall appoint as a substitute member
2863	a qualified elector of the county who is not a candidate with
2864	opposition in the election being canvassed and who is not an
2865	active participant in the campaign or candidacy of any candidate
2866	with opposition in the election being canvassed. In such event,
2867	the members of the county canvassing board shall meet and elect
2868	a chair.
2869	(b)  If the supervisor of elections is unable to serve or
2870	is disqualified, the chair of the board of county commissioners
2871	shall appoint as a substitute member a member of the board of
2872	county commissioners who is not a candidate with opposition in
2873	the election being canvassed and who is not an active
2874	participant in the campaign or candidacy of any candidate with
2875	opposition in the election being canvassed. The supervisor,
2876	however, shall act in an advisory capacity to the canvassing
2877	board.
2878	(c)  If the chair of the board of county commissioners is
2879	unable to serve or is disqualified, the board of county
2880	commissioners shall appoint as a substitute member one of its
2881	members who is not a candidate with opposition in the election
2882	being canvassed and who is not an active participant in the
2883	campaign or candidacy of any candidate with opposition in the
2884	election being canvassed.
2885	(d)  If a substitute member cannot be appointed as provided
2886	elsewhere in this subsection, the chief judge of the judicial
2887	circuit in which the county is located shall appoint as a
2888	substitute member a qualified elector of the county who is not a
2889	candidate with opposition in the election being canvassed and
2890	who is not an active participant in the campaign or candidacy of
2891	any candidate with opposition in the election being canvassed.
2892	(2)  The county canvassing board shall meet in a building
2893	accessible to the public in the county where the election
2894	occurred at a time and place to be designated by the supervisor
2895	of elections to publicly canvass the absentee electors' ballots
2896	as provided for in s. 101.68 and provisional ballots as provided
2897	by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
2898	pursuant to s. 101.049 shall be canvassed in a manner that votes
2899	for candidates and issues on those ballots can be segregated
2900	from other votes. Public notice of the time and place at which
2901	the county canvassing board shall meet to canvass the absentee
2902	electors' ballots and provisional ballots shall be given at
2903	least 48 hours prior thereto by publication once in one or more
2904	newspapers of general circulation in the county or, if there is
2905	no newspaper of general circulation in the county, by posting
2906	such notice in at least four conspicuous places in the county.
2907	As soon as the absentee electors' ballots and the provisional
2908	ballots are canvassed, the board shall proceed to publicly
2909	canvass the vote given each candidate, nominee, constitutional
2910	amendment, or other measure submitted to the electorate of the
2911	county, as shown by the returns then on file in the office of
2912	the supervisor of elections and the office of the county court
2913	judge.
2914	(3)  The canvass, except the canvass of absentee electors'
2915	returns and the canvass of provisional ballots, shall be made
2916	from the returns and certificates of the inspectors as signed
2917	and filed by them with the county court judge and supervisor,
2918	respectively, and the county canvassing board shall not change
2919	the number of votes cast for a candidate, nominee,
2920	constitutional amendment, or other measure submitted to the
2921	electorate of the county, respectively, in any polling place, as
2922	shown by the returns. All returns shall be made to the board on
2923	or before 2 a.m. of the day following any primary, general,
2924	special, or other election. If the returns from any precinct are
2925	missing, if there are any omissions on the returns from any
2926	precinct, or if there is an obvious error on any such returns,
2927	the canvassing board shall order a retabulation recount of the
2928	returns from such precinct. Before canvassing such returns, the
2929	canvassing board shall examine the tabulation of the ballots
2930	cast in such precinct and determine whether the returns
2931	correctly reflect the votes cast. If there is a discrepancy
2932	between the returns and the tabulation of the ballots cast, the
2933	tabulation of the ballots cast shall be presumed correct and
2934	such votes shall be canvassed accordingly.
2935	(4)  The canvassing board shall submit unofficial returns
2936	on forms or in formats provided by the division to the
2937	Department of State for each federal, statewide, state, or
2938	multicounty office or ballot measure no later than noon on the
2939	third second day after any primary election and no later than
2940	noon on the fifth day after any, general, special, or other
2941	election. Such returns shall include the canvass of all ballots
2942	as required by subsection (2), except for provisional ballots,
2943	which returns shall be reported at the time required for
2944	official returns pursuant to s. 102.112(2).
2945	(5)  If the county canvassing board determines that the
2946	unofficial returns may contain a counting error in which the
2947	vote tabulation system failed to count votes that were properly
2948	marked in accordance with the instructions on the ballot, the
2949	county canvassing board shall:
2950	(a)  Correct the error and retabulate recount the affected
2951	ballots with the vote tabulation system; or
2952	(b)  Request that the Department of State verify the
2953	tabulation software. When the Department of State verifies such
2954	software, the department shall compare the software used to
2955	tabulate the votes with the software filed with the department
2956	pursuant to s. 101.5607 and check the election parameters.
2957	(6)  If the unofficial returns reflect that a candidate for
2958	any office was defeated or eliminated by one-half of a percent
2959	or less of the votes cast for such office, that a candidate for
2960	retention to a judicial office was retained or not retained by
2961	one-half of a percent or less of the votes cast on the question
2962	of retention, or that a measure appearing on the ballot was
2963	approved or rejected by one-half of a percent or less of the
2964	votes cast on such measure, the board responsible for certifying
2965	the results of the vote on such race or measure shall order a
2966	recount of the votes cast with respect to such office or
2967	measure. The county canvassing board is the board responsible
2968	for ordering county and local recounts. The Elections Canvassing
2969	Commission is the board responsible for ordering federal, state,
2970	and multicounty recounts. A recount need not be ordered with
2971	respect to the returns for any office, however, if the candidate
2972	or candidates defeated or eliminated from contention for such
2973	office by one-half of a percent or less of the votes cast for
2974	such office request in writing that a recount not be made.
2975	(a)  In counties with voting systems that use paper
2976	ballots, Each canvassing board responsible for conducting a
2977	recount shall put each marksense ballot through automatic
2978	tabulating equipment and determine whether the returns correctly
2979	reflect the votes cast. If any marksense paper ballot is
2980	physically damaged so that it cannot be properly counted by the
2981	automatic tabulating equipment during the recount, a true
2982	duplicate shall be made of the damaged ballot pursuant to the
2983	procedures in s. 101.5614(5). Immediately before the start of
2984	the recount and after completion of the count, a test of the
2985	tabulating equipment shall be conducted as provided in s.
2986	101.5612. If the test indicates no error, the recount tabulation
2987	of the ballots cast shall be presumed correct and such votes
2988	shall be canvassed accordingly. If an error is detected, the
2989	cause therefor shall be ascertained and corrected and the
2990	recount repeated, as necessary. The canvassing board shall
2991	immediately report the error, along with the cause of the error
2992	and the corrective measures being taken, to the Department of
2993	State. No later than 11 days after the election, the canvassing
2994	board shall file a separate incident report with the Department
2995	of State, detailing the resolution of the matter and identifying
2996	any measures that will avoid a future recurrence of the error.
2997	(b)  In counties with voting systems that do not use paper
2998	ballots, Each canvassing board responsible for conducting a
2999	recount where touchscreen ballots were used shall examine the
3000	counters on the precinct tabulators to ensure that the total of
3001	the returns on the precinct tabulators equals the overall
3002	election return. If there is a discrepancy between the overall
3003	election return and the counters of the precinct tabulators, the
3004	counters of the precinct tabulators shall be presumed correct
3005	and such votes shall be canvassed accordingly.
3006	(c)  The canvassing board shall submit a second set of
3007	unofficial returns on forms or in formats provided by the
3008	division to the Department of State for each federal, statewide,
3009	state, or multicounty office or ballot measure no later than 3
3010	p.m. noon on the fifth third day after any primary election and
3011	no later than 3 p.m. on the 8th day after any general election
3012	in which a recount was conducted pursuant to this subsection. If
3013	the canvassing board is unable to complete the recount
3014	prescribed in this subsection by the deadline, the second set of
3015	unofficial returns submitted by the canvassing board shall be
3016	identical to the initial unofficial returns and the submission
3017	shall also include a detailed explanation of why it was unable
3018	to timely complete the recount. However, the canvassing board
3019	shall complete the recount prescribed in this subsection, along
3020	with any manual recount prescribed in s. 102.166, and certify
3021	election returns in accordance with the requirements of this
3022	chapter.
3023	(d)  The Department of State shall adopt detailed rules
3024	prescribing additional recount procedures for each certified
3025	voting system, which shall be uniform to the extent practicable.
3026	(7)  The canvassing board may employ such clerical help to
3027	assist with the work of the board as it deems necessary, with at
3028	least one member of the board present at all times, until the
3029	canvass of the returns is completed. The clerical help shall be
3030	paid from the same fund as inspectors and other necessary
3031	election officials.
3032	(8)(a)  At the same time that the official results of an
3033	election are certified to the Department of State, the county
3034	canvassing board shall file a report with the Division of
3035	Elections on the conduct of the election. The report shall
3036	describe:
3037	1.  All contain information relating to any problems
3038	incurred as a result of equipment or software malfunctions
3039	either at the precinct level, or at a counting location, or
3040	within computer and telecommunications networks supporting a
3041	county location, including the steps taken to address the
3042	malfunction(s).
3043	2.  All election definition errors that were discovered
3044	after the logic and accuracy test, including the steps taken to
3045	address the error.
3046	3.  All ballot printing errors or ballot supply problems,
3047	including the steps taken to address the error or problem.
3048	4.  All staffing shortages or procedural violations by
3049	employees or precinct workers which were required to be
3050	addressed by the supervisor of elections or the county
3051	canvassing board during the conduct of the election, including
3052	corrective actions.
3053	5.  All instances where needs for staffing or equipment
3054	were insufficient to meet the needs of the voters.
3055	6.  Any difficulties or unusual circumstances encountered
3056	by an election board or the canvassing board, and any other
3057	additional information regarding a material issue or problems
3058	associated with the conduct of the election which the canvassing
3059	board feels should be made a part of the official election
3060	record.
3061	(b)  After the report pursuant to subsection (1) is filed,
3062	if the supervisor discovers new or additional information on any
3063	of the items required to be included in the report, the
3064	supervisor shall notify the division that new information has
3065	been discovered no later than the next business day after the
3066	discovery and file an amended report on the conduct of the
3067	election within 10 days of the discovery.
3068	(c)  Such reports shall be maintained on file in the
3069	Division of Elections and shall be available for public
3070	inspection. The division shall utilize the reports submitted by
3071	the canvassing boards to determine what problems may be likely
3072	to occur in other elections and disseminate such information,
3073	along with possible solutions, to the supervisors of elections.
3074	(9)  The supervisor shall file with the department a copy
3075	of or an export file from the results database of the county's
3076	voting system and other statistical information as may be
3077	required by the department, the Legislature, and the Election
3078	Assistance Commission. The department shall adopt rules
3079	establishing the required content and acceptable formats for the
3080	filings and time for the filings.
3081	Section 59.  Section 102.166, Florida Statutes, is amended
3082	to read:
3083	102.166  Manual recounts.--
3084	(1)  If the second set of unofficial returns pursuant to s.
3085	102.141 indicates that a candidate for any office was defeated
3086	or eliminated by one-quarter of a percent or less of the votes
3087	cast for such office, that a candidate for retention to a
3088	judicial office was retained or not retained by one-quarter of a
3089	percent or less of the votes cast on the question of retention,
3090	or that a measure appearing on the ballot was approved or
3091	rejected by one-quarter of a percent or less of the votes cast
3092	on such measure, the board responsible for certifying the
3093	results of the vote on such race or measure shall order a manual
3094	recount of the overvotes and undervotes cast in the entire
3095	geographic jurisdiction of such office or ballot measure.
3096	However, a manual recount shall not be ordered if the number of
3097	overvotes, undervotes, and provisional ballots is fewer than the
3098	number of votes needed to change the outcome of the election.
3099	(2)(a)  If the second set of unofficial returns pursuant to
3100	s. 102.141 indicates that a candidate for any office was
3101	defeated or eliminated by between one-quarter and one-half of a
3102	percent of the votes cast for such office, that a candidate for
3103	retention to judicial office was retained or not retained by
3104	between one-quarter and one-half of a percent of the votes cast
3105	on the question of retention, or that a measure appearing on the
3106	ballot was approved or rejected by between one-quarter and one-
3107	half of a percent of the votes cast on such measure, any such
3108	candidate, the political party of such candidate, or any
3109	political committee that supports or opposes such ballot measure
3110	is entitled to a manual recount of the overvotes and undervotes
3111	cast in the entire geographic jurisdiction of such office or
3112	ballot measure, provided that a request for a manual recount is
3113	made by 5 p.m. on the third day after the election.
3114	(b)  For federal, statewide, state, and multicounty races
3115	and ballot issues, requests for a manual recount shall be made
3116	in writing to the state Elections Canvassing Commission. For all
3117	other races and ballot issues, requests for a manual recount
3118	shall be made in writing to the county canvassing board.
3119	(c)  Upon receipt of a proper and timely request, the
3120	Elections Canvassing Commission or county canvassing board shall
3121	immediately order a manual recount of overvotes and undervotes
3122	in all affected jurisdictions.
3123	(2)(3)(a)  Any hardware or software used to identify and
3124	sort overvotes and undervotes for a given race or ballot measure
3125	must be certified by the Department of State as part of the
3126	voting system pursuant to s. 101.015. Any such hardware or
3127	software must be capable of simultaneously counting votes. For
3128	certified voting systems, the department shall certify such
3129	hardware or software by July 1, 2002. If the department is
3130	unable to certify such hardware or software for a certified
3131	voting system by July 1, 2002, the department shall adopt rules
3132	prescribing procedures for identifying and sorting such
3133	overvotes and undervotes. The department's rules may provide for
3134	the temporary use of hardware or software whose sole function is
3135	identifying and sorting overvotes and undervotes.
3136	(b)  This subsection does not preclude the department from
3137	certifying hardware or software after July 1, 2002.
3138	(b)(c)  Overvotes and undervotes shall be identified and
3139	sorted while recounting ballots pursuant to s. 102.141, if the
3140	hardware or software for this purpose has been certified or the
3141	department's rules so provide.
3142	(3)(4)  Any manual recount shall be open to the public.
3143	(4)(5)(a)  A vote for a candidate or ballot measure shall
3144	be counted if there is a clear indication on the ballot that the
3145	voter has made a definite choice.
3146	(b)  The Department of State shall adopt specific rules for
3147	each certified voting system prescribing what constitutes a
3148	"clear indication on the ballot that the voter has made a
3149	definite choice." The rules may not:
3150	1.  Exclusively provide that the voter must properly mark
3151	or designate his or her choice on the ballot; or
3152	2.  Contain a catch-all provision that fails to identify
3153	specific standards, such as "any other mark or indication
3154	clearly indicating that the voter has made a definite choice."
3155	(5)(6)  Procedures for a manual recount are as follows:
3156	(a)  The county canvassing board shall appoint as many
3157	counting teams of at least two electors as is necessary to
3158	manually recount the ballots. A counting team must have, when
3159	possible, members of at least two political parties. A candidate
3160	involved in the race shall not be a member of the counting team.
3161	(b)  Each duplicate ballot prepared pursuant to s.
3162	101.5614(5) or s. 102.141(6) shall be compared with the original
3163	ballot to ensure the correctness of the duplicate.
3164	(c)  If a counting team is unable to determine whether the
3165	ballot contains a clear indication that the voter has made a
3166	definite choice, the ballot shall be presented to the county
3167	canvassing board for a determination.
3168	(d)  The Department of State shall adopt detailed rules
3169	prescribing additional recount procedures for each certified
3170	voting system which shall be uniform to the extent practicable.
3171	The rules shall address, at a minimum, the following areas:
3172	1.  Security of ballots during the recount process.;
3173	2.  Time and place of recounts.;
3174	3.  Public observance of recounts.;
3175	4.  Objections to ballot determinations.;
3176	5.  Record of recount proceedings.; and
3177	6.  Procedures relating to candidate and petitioner
3178	representatives.
3179	Section 60.  Subsections (2) and (4) of section 102.168,
3180	Florida Statutes, are amended to read:
3181	102.168  Contest of election.--
3182	(2)  Such contestant shall file a complaint, together with
3183	the fees prescribed in chapter 28, with the clerk of the circuit
3184	court within 10 days after midnight of the date the last board
3185	responsible for certifying the results officially county
3186	canvassing board empowered to canvass the returns certifies the
3187	results of the election being contested.
3188	(4)  The county canvassing board is an indispensable and or
3189	Elections Canvassing Commission shall be the proper party
3190	defendant in county and local elections, and the Elections
3191	Canvassing Commission is an indispensable and proper party
3192	defendant in federal, state, and multicounty races, and the
3193	successful candidate is shall be an indispensable party to any
3194	action brought to contest the election or nomination of a
3195	candidate.
3196	Section 61.  Subsections (1) and (4) of section 103.021,
3197	Florida Statutes, are amended to read:
3198	103.021  Nomination for presidential electors.--Candidates
3199	for presidential electors shall be nominated in the following
3200	manner:
3201	(1)  The Governor shall nominate the presidential electors
3202	of each political party. The state executive committee of each
3203	political party shall by resolution recommend candidates for
3204	presidential electors and deliver a certified copy thereof to
3205	the Governor prior to September 1 of each presidential election
3206	year. The Governor He or she shall nominate only the electors
3207	recommended by the state executive committee of the respective
3208	political party. Each such elector shall be a qualified elector
3209	of the party he or she represents who has taken an oath that he
3210	or she will vote for the candidates of the party that he or she
3211	is nominated to represent. The Governor shall certify to the
3212	Department of State on or before September 1, in each
3213	presidential election year, the names of a number of electors
3214	for each political party equal to the number of senators and
3215	representatives which this state has in Congress.
3216	(4)(a)  A minor political party that is affiliated with a
3217	national party holding a national convention to nominate
3218	candidates for President and Vice President of the United States
3219	may have the names of its candidates for President and Vice
3220	President of the United States printed on the general election
3221	ballot by filing with the Department of State a certificate
3222	naming the candidates for President and Vice President and
3223	listing the required number of persons to serve as electors.
3224	Notification to the Department of State under this subsection
3225	shall be made by September 1 of the year in which the election
3226	is held. When the Department of State has been so notified, it
3227	shall order the names of the candidates nominated by the minor
3228	political party to be included on the ballot and shall permit
3229	the required number of persons to be certified as electors in
3230	the same manner as other party candidates. For purposes of this
3231	section, "national party" shall mean a political party
3232	established and admitted to the ballot in at least one state
3233	other than this state, and "national convention" shall mean any
3234	caucus, convention, meeting, or any other assembly of a
3235	political party gathered, whether or not such meeting is held in
3236	person or by telephonic or electronic means, with the intent of
3237	nominating candidates for President and Vice President of the
3238	United States.
3239	(b)  A minor political party that is not affiliated with a
3240	national party holding a national convention to nominate
3241	candidates for President and Vice President of the United States
3242	may have the names of its candidates for President and Vice
3243	President printed on the general election ballot if a petition
3244	is signed by 1 percent of the registered electors of this state,
3245	as shown by the compilation by the Department of State for the
3246	preceding general election. A separate petition from each county
3247	for which signatures are solicited shall be submitted to the
3248	supervisors of elections of the respective county no later than
3249	July 15 of each presidential election year. The supervisor shall
3250	check the names and, on or before the date of the first primary,
3251	shall certify the number shown as registered electors of the
3252	county. The supervisor shall be paid by the person requesting
3253	the certification the cost of checking the petitions as
3254	prescribed in s. 99.097. The supervisor shall then forward the
3255	certificate to the Department of State, which shall determine
3256	whether or not the percentage factor required in this section
3257	has been met. When the percentage factor required in this
3258	section has been met, the Department of State shall order the
3259	names of the candidates for whom the petition was circulated to
3260	be included on the ballot and shall permit the required number
3261	of persons to be certified as electors in the same manner as
3262	other party candidates.
3263	Section 62.  Section 103.051, Florida Statutes, is amended
3264	to read:
3265	103.051  Congress sets meeting dates of electors.--The
3266	presidential electors shall, at noon on the day which is
3267	directed by Congress and at the time fixed by the Governor, meet
3268	at Tallahassee and perform the duties required of them by the
3269	Constitution and laws of the United States.
3270	Section 63.  Section 103.061, Florida Statutes, is amended
3271	to read:
3272	103.061  Meeting of electors and filling of
3273	vacancies.--Each presidential elector shall, before 10 a.m. on
3274	the day fixed by Congress to elect a President and Vice
3275	President and at the time fixed by the Governor, give notice to
3276	the Governor that the elector is in Tallahassee and ready to
3277	perform the duties of presidential elector. The Governor shall
3278	forthwith deliver to the presidential electors present a
3279	certificate of the names of all the electors; and if, on
3280	examination thereof, it should be found that one or more
3281	electors are absent, the electors present shall elect by ballot,
3282	in the presence of the Governor, a person or persons to fill
3283	such vacancy or vacancies as may have occurred through the
3284	nonattendance of one or more of the electors.
3285	Section 64.  Section 103.121, Florida Statutes, is amended
3286	to read:
3287	103.121  Powers and duties of executive committees.--
3288	(1)(a)  Each state and county executive committee of a
3289	political party shall have the power and duty:
3290	1.  To adopt a constitution by two-thirds vote of the full
3291	committee.
3292	2.  To adopt such bylaws as it may deem necessary by
3293	majority vote of the full committee.
3294	3.  To conduct its meetings according to generally accepted
3295	parliamentary practice.
3296	4.  To make party nomination when required by law.
3297	5.  To conduct campaigns for party nominees.
3298	6.  To raise and expend party funds. Such funds may not be
3299	expended or committed to be expended except after written
3300	authorization by the chair of the state or county executive
3301	committee.
3302	(b)  Except as otherwise provided in subsection (5), The
3303	county executive committee shall receive payment of assessments
3304	upon candidates to be voted for in a single county except state
3305	senators and members of the House of Representatives and
3306	representatives to the Congress of the United States; and the
3307	state executive committees shall receive all other assessments
3308	authorized. All party assessments shall be 2 percent of the
3309	annual salary of the office sought by the respective candidate.
3310	All such committee assessments shall be remitted to the state
3311	executive committee of the appropriate party and distributed in
3312	accordance with subsection (5)(6).
3313	(2)  The state executive committee shall by resolution
3314	recommend candidates for presidential electors and deliver a
3315	certified copy thereof to the Governor prior to September 1 of
3316	each presidential election year.
3317	(2)(3)  The chair and treasurer of an executive committee
3318	of any political party shall be accountable for the funds of
3319	such committee and jointly liable for their proper expenditure
3320	for authorized purposes only. The chair and treasurer of the
3321	state executive committee of any political party shall furnish
3322	adequate bond, but not less than $10,000, conditioned upon the
3323	faithful performance by such party officers of their duties and
3324	for the faithful accounting for party funds which shall come
3325	into their hands; and the chair and treasurer of a county
3326	executive committee of a political party shall furnish adequate
3327	bond, but not less than $5,000, conditioned as aforesaid. A bond
3328	for the chair and treasurer of the state executive committee of
3329	a political party shall be filed with the Department of State. A
3330	bond for the chair and treasurer of a county executive committee
3331	shall be filed with the supervisor of elections. The funds of
3332	each such state executive committee shall be publicly audited at
3333	the end of each calendar year and a copy of such audit furnished
3334	to the Department of State for its examination prior to April 1
3335	of the ensuing year. When filed with the Department of State,
3336	copies of such audit shall be public documents. The treasurer of
3337	each county executive committee shall maintain adequate records
3338	evidencing receipt and disbursement of all party funds received
3339	by him or her, and such records shall be publicly audited at the
3340	end of each calendar year and a copy of such audit filed with
3341	the supervisor of elections and the state executive committee
3342	prior to April 1 of the ensuing year.
3343	(3)(4)  Any chair or treasurer of a state or county
3344	executive committee of any political party who knowingly
3345	misappropriates, or makes an unlawful expenditure of, or a false
3346	or improper accounting for, the funds of such committee is
3347	guilty of a felony of the third degree, punishable as provided
3348	in s. 775.082, s. 775.083, or s. 775.084.
3349	(4)(5)(a)  The central committee or other equivalent
3350	governing body of each state executive committee shall adopt a
3351	rule which governs the time and manner in which the respective
3352	county executive committees of such party may endorse, certify,
3353	screen, or otherwise recommend one or more candidates for such
3354	party's nomination for election. Upon adoption, such rule shall
3355	provide the exclusive method by which a county committee may so
3356	endorse, certify, screen, or otherwise recommend. No later than
3357	the date on which qualifying for public office begins pursuant
3358	to s. 99.061, the chair of each county executive committee shall
3359	notify in writing the supervisor of elections of his or her
3360	county whether the county executive committee has endorsed or
3361	intends to endorse, certify, screen, or otherwise recommend
3362	candidates for nomination pursuant to party rule. A copy of such
3363	notification shall be provided to the Secretary of State and to
3364	the chair of the appropriate state executive committee. Any
3365	county executive committee that endorses or intends to endorse,
3366	certify, screen, or otherwise recommend one or more candidates
3367	for nomination shall forfeit all party assessments which would
3368	otherwise be returned to the county executive committee; and
3369	such assessments shall be remitted instead to the state
3370	executive committee of such party, the provisions of paragraph
3371	(1)(b) to the contrary notwithstanding. No such funds so
3372	remitted to the state executive committee shall be paid,
3373	returned, or otherwise disbursed to the county executive
3374	committee under any circumstances. Any county executive
3375	committee that is in violation of any party rule after receiving
3376	the party assessment shall remit such party assessment to the
3377	state executive committee.
3378	(b)  Any state executive committee that endorses or intends
3379	to endorse, certify, screen, or otherwise recommend one or more
3380	candidates for nomination shall forfeit all party assessments
3381	which would otherwise be returned to the state executive
3382	committee; and such assessments shall be remitted instead to the
3383	General Revenue Fund of the state. Any state executive committee
3384	that is in violation of this section after receiving the party
3385	assessment shall remit such party assessment to the General
3386	Revenue Fund of the state.
3387	(5)(6)  The state chair of each state executive committee
3388	shall return the 2-percent committee assessment for county
3389	candidates to the appropriate county executive committees only
3390	upon receipt of a written statement that such county executive
3391	committee chooses not to endorse, certify, screen, or otherwise
3392	recommend one or more candidates for such party's nomination for
3393	election and upon the state chair's determination that the
3394	county executive committee is in compliance with all Florida
3395	statutes and all state party rules, bylaws, constitutions, and
3396	requirements.
3397	Section 65.  Subsections (1) and (3) and paragraph (a) of
3398	subsection (5)of section 105.031, Florida Statutes, are amended,
3399	and subsection (6) is added to said section, to read:
3400	105.031  Qualification; filing fee; candidate's oath; items
3401	required to be filed.--
3402	(1)  TIME OF QUALIFYING.--Except for candidates for
3403	judicial office, nonpartisan candidates for multicounty office
3404	shall qualify with the Division of Elections of the Department
3405	of State and nonpartisan candidates for countywide or less than
3406	countywide office shall qualify with the supervisor of
3407	elections. Candidates for judicial office other than the office
3408	of county court judge shall qualify with the Division of
3409	Elections of the Department of State, and candidates for the
3410	office of county court judge shall qualify with the supervisor
3411	of elections of the county. Candidates for judicial office shall
3412	qualify no earlier than noon of the 120th day, and no later than
3413	noon of the 116th day, before the first primary election.
3414	Candidates for the office of school board member shall qualify
3415	no earlier than noon of the 50th day, and no later than noon of
3416	the 46th day, before the first primary election. Filing shall be
3417	on forms provided for that purpose by the Division of Elections
3418	and furnished by the appropriate qualifying officer. Any person
3419	seeking to qualify by the petition process alternative method,
3420	as set forth in s. 105.035, who if the person has submitted the
3421	necessary petitions by the required deadline and is notified
3422	after the fifth day prior to the last day for qualifying that
3423	the required number of signatures has been obtained, shall be
3424	entitled to subscribe to the candidate's oath and file the
3425	qualifying papers at any time within 5 days from the date he or
3426	she is notified that the necessary number of signatures has been
3427	obtained. Any person other than a write-in candidate who
3428	qualifies within the time prescribed in this subsection shall be
3429	entitled to have his or her name printed on the ballot.
3430	(3)  QUALIFYING FEE.--Each candidate qualifying for
3431	election to a judicial office or the office of school board
3432	member, except write-in judicial or school board candidates,
3433	shall, during the time for qualifying, pay to the officer with
3434	whom he or she qualifies a qualifying fee, which shall consist
3435	of a filing fee and an election assessment, or qualify by the
3436	petition process alternative method. The amount of the filing
3437	fee is 3 percent of the annual salary of the office sought. The
3438	amount of the election assessment is 1 percent of the annual
3439	salary of the office sought. The Department of State shall
3440	forward all filing fees to the Department of Revenue for deposit
3441	in the Elections Commission Trust Fund. The supervisor of
3442	elections shall forward all filing fees to the Elections
3443	Commission Trust Fund. The election assessment shall be
3444	deposited into the Elections Commission Trust Fund. The annual
3445	salary of the office for purposes of computing the qualifying
3446	fee shall be computed by multiplying 12 times the monthly salary
3447	authorized for such office as of July 1 immediately preceding
3448	the first day of qualifying. This subsection shall not apply to
3449	candidates qualifying for retention to judicial office.
3450	(5)  ITEMS REQUIRED TO BE FILED.--
3451	(a)  In order for a candidate for judicial office or the
3452	office of school board member to be qualified, the following
3453	items must be received by the filing officer by the end of the
3454	qualifying period:
3455	1.  Except for candidates for retention to judicial office,
3456	a properly executed check drawn upon the candidate's campaign
3457	account in an amount not less than the fee required by
3458	subsection (3) or, in lieu thereof, the copy of the notice of
3459	obtaining ballot position pursuant to s. 105.035. If a
3460	candidate's check is returned by the bank for any reason, the
3461	filing officer shall immediately notify the candidate and the
3462	candidate shall, the end of qualifying notwithstanding, have 48
3463	hours from the time such notification is received, excluding
3464	Saturdays, Sundays, and legal holidays, to pay the fee with a
3465	cashier's check purchased from funds of the campaign account.
3466	Failure to pay the fee as provided in this subparagraph shall
3467	disqualify the candidate.
3468	2.  The candidate's oath required by subsection (4), which
3469	must contain the name of the candidate as it is to appear on the
3470	ballot; the office sought, including the district or group
3471	number if applicable; and the signature of the candidate, duly
3472	acknowledged.
3473	3.  The loyalty oath required by s. 876.05, signed by the
3474	candidate and duly acknowledged.
3475	4.  The completed form for the appointment of campaign
3476	treasurer and designation of campaign depository, as required by
3477	s. 106.021. In addition, each candidate for judicial office,
3478	including an incumbent judge, shall file a statement with the
3479	qualifying officer, within 10 days after filing the appointment
3480	of campaign treasurer and designation of campaign depository,
3481	stating that the candidate has read and understands the
3482	requirements of the Florida Code of Judicial Conduct. Such
3483	statement shall be in substantially the following form:
3484
3485	Statement of Candidate for Judicial Office
3486
3487	I,   (name of candidate)  , a judicial candidate, have received,
3488	read, and understand the requirements of the Florida Code of
3489	Judicial Conduct.
3490	(Signature of candidate)
3491	(Date)
3492
3493	5.  The full and public disclosure of financial interests
3494	required by s. 8, Art. II of the State Constitution or the
3495	statement of financial interests required by s. 112.3145,
3496	whichever is applicable. A public officer who has filed the full
3497	and public disclosure or statement of financial interests with
3498	the Commission on Ethics or the supervisor of elections prior to
3499	qualifying for office does not have to file a disclosure at the
3500	time of qualifying.
3501	(6)  Notwithstanding the qualifying period prescribed in
3502	this section, a filing officer may accept and hold qualifying
3503	papers submitted not earlier than 14 days prior to the beginning
3504	of the qualifying period to be processed and filed during the
3505	qualifying period.
3506	Section 66.  Section 105.035, Florida Statutes, is amended
3507	to read:
3508	105.035  Petition process for Alternative method of
3509	qualifying for certain judicial offices and the office of school
3510	board member.--
3511	(1)  A person seeking to qualify for election to the office
3512	of circuit judge or county court judge or the office of school
3513	board member may qualify for election to such office by means of
3514	the petitioning process prescribed in this section. A person
3515	qualifying by this petition process alternative method shall not
3516	be required to pay the qualifying fee required by this chapter.
3517	A person using this petitioning process shall file an oath with
3518	the officer before whom the candidate would qualify for the
3519	office stating that he or she intends to qualify by this
3520	alternative method for the office sought. Such oath shall be
3521	filed at any time after the first Tuesday after the first Monday
3522	in January of the year in which the election is held, but prior
3523	to the 21st day preceding the first day of the qualifying period
3524	for the office sought. The form of such oath shall be prescribed
3525	by the Division of Elections. No signatures shall be obtained
3526	until the person has filed the oath prescribed in this
3527	subsection.
3528	(2)  Upon receipt of a written oath from a candidate, The
3529	qualifying officer shall provide the candidate with a petition
3530	format shall be prescribed by the Division of Elections and
3531	shall to be used by the candidate to reproduce petitions for
3532	circulation. If the candidate is running for an office which
3533	will be grouped on the ballot with two or more similar offices
3534	to be filled at the same election, the candidate's petition must
3535	indicate, prior to the obtaining of registered electors'
3536	signatures, for which group or district office the candidate is
3537	running.
3538	(3)  Each candidate for election to a judicial office or
3539	the office of school board member shall obtain the signature of
3540	a number of qualified electors equal to at least 1 percent of
3541	the total number of registered electors of the district,
3542	circuit, county, or other geographic entity represented by the
3543	office sought as shown by the compilation by the Department of
3544	State for the last preceding general election. A separate
3545	petition shall be circulated for each candidate availing himself
3546	or herself of the provisions of this section. Signatures may not
3547	be obtained until the candidate has filed the appointment of
3548	campaign treasurer and designation of campaign depository
3549	pursuant to s. 106.021.
3550	(4)(a)  Each candidate seeking to qualify for election to
3551	the office of circuit judge or the office of school board member
3552	from a multicounty school district pursuant to this section
3553	shall file a separate petition from each county from which
3554	signatures are sought. Each petition shall be submitted, prior
3555	to noon of the 28th 21st day preceding the first day of the
3556	qualifying period for the office sought, to the supervisor of
3557	elections of the county for which such petition was circulated.
3558	Each supervisor of elections to whom a petition is submitted
3559	shall check the signatures on the petition to verify their
3560	status as electors of that county and of the geographic area
3561	represented by the office sought. No later than the 7th day
3562	before Prior to the first date for qualifying, the supervisor
3563	shall certify the number shown as registered electors and submit
3564	such certification to the Division of Elections. The division
3565	shall determine whether the required number of signatures has
3566	been obtained for the name of the candidate to be placed on the
3567	ballot and shall notify the candidate. If the required number of
3568	signatures has been obtained, the candidate shall, during the
3569	time prescribed for qualifying for office, submit a copy of such
3570	notice and file his or her qualifying papers and oath prescribed
3571	in s. 105.031 with the Division of Elections. Upon receipt of
3572	the copy of such notice and qualifying papers, the division
3573	shall certify the name of the candidate to the appropriate
3574	supervisor or supervisors of elections as having qualified for
3575	the office sought.
3576	(b)  Each candidate seeking to qualify for election to the
3577	office of county court judge or the office of school board
3578	member from a single county school district pursuant to this
3579	section shall submit his or her petition, prior to noon of the
3580	28th 21st day preceding the first day of the qualifying period
3581	for the office sought, to the supervisor of elections of the
3582	county for which such petition was circulated. The supervisor
3583	shall check the signatures on the petition to verify their
3584	status as electors of the county and of the geographic area
3585	represented by the office sought. No later than the 7th day
3586	before Prior to the first date for qualifying, the supervisor
3587	shall determine whether the required number of signatures has
3588	been obtained for the name of the candidate to be placed on the
3589	ballot and shall notify the candidate. If the required number of
3590	signatures has been obtained, the candidate shall, during the
3591	time prescribed for qualifying for office, submit a copy of such
3592	notice and file his or her qualifying papers and oath prescribed
3593	in s. 105.031 with the qualifying officer. Upon receipt of the
3594	copy of such notice and qualifying papers, such candidate shall
3595	be entitled to have his or her name printed on the ballot.
3596	Section 67.  Section 98.122, Florida Statutes, is
3597	transferred and renumbered as section 106.165, Florida Statutes.
3598	Section 68.  Subsections (10), (11), and (12) of section
3599	106.22, Florida Statutes, are amended to read:
3600	106.22  Duties of the Division of Elections.--It is the
3601	duty of the Division of Elections to:
3602	(11)  Conduct preliminary investigations into any
3603	irregularities or fraud involving voter registration or voting
3604	and report its findings to the state attorney for the judicial
3605	circuit in which the alleged violation occurred for prosecution,
3606	where warranted. The Department of State may prescribe by rule
3607	requirements for filing a complaint of voter fraud and for
3608	investigating any such complaint.
3609	(11)(12)  Conduct random audits with respect to reports and
3610	statements filed under this chapter and with respect to alleged
3611	failure to file any reports and statements required under this
3612	chapter.
3613	Section 69.  Subsection (6) of section 106.24, Florida
3614	Statutes, is amended to read:
3615	106.24  Florida Elections Commission; membership; powers;
3616	duties.--
3617	(6)  There is hereby established in the State Treasury an
3618	Elections Commission Trust Fund to be utilized by the Division
3619	of Elections and the Florida Elections Commission in order to
3620	carry out their duties pursuant to ss. 106.24-106.28. The trust
3621	fund may also be used by the Secretary of State division,
3622	pursuant to his or her its authority under s. 97.012(14)
3623	106.22(11), to provide rewards for information leading to
3624	criminal convictions related to voter registration fraud, voter
3625	fraud, and vote scams.
3626	Section 70.  Paragraph (a) of subsection (1) of section
3627	16.56, Florida Statutes, is amended to read:
3628	16.56  Office of Statewide Prosecution.--
3629	(1)  There is created in the Department of Legal Affairs an
3630	Office of Statewide Prosecution. The office shall be a separate
3631	"budget entity" as that term is defined in chapter 216. The
3632	office may:
3633	(a)  Investigate and prosecute the offenses of:
3634	1.  Bribery, burglary, criminal usury, extortion, gambling,
3635	kidnapping, larceny, murder, prostitution, perjury, robbery,
3636	carjacking, and home-invasion robbery;
3637	2.  Any crime involving narcotic or other dangerous drugs;
3638	3.  Any violation of the provisions of the Florida RICO
3639	(Racketeer Influenced and Corrupt Organization) Act, including
3640	any offense listed in the definition of racketeering activity in
3641	s. 895.02(1)(a), providing such listed offense is investigated
3642	in connection with a violation of s. 895.03 and is charged in a
3643	separate count of an information or indictment containing a
3644	count charging a violation of s. 895.03, the prosecution of
3645	which listed offense may continue independently if the
3646	prosecution of the violation of s. 895.03 is terminated for any
3647	reason;
3648	4.  Any violation of the provisions of the Florida Anti-
3649	Fencing Act;
3650	5.  Any violation of the provisions of the Florida
3651	Antitrust Act of 1980, as amended;
3652	6.  Any crime involving, or resulting in, fraud or deceit
3653	upon any person;
3654	7.  Any violation of s. 847.0135, relating to computer
3655	pornography and child exploitation prevention, or any offense
3656	related to a violation of s. 847.0135;
3657	8.  Any violation of the provisions of chapter 815;
3658	9.  Any criminal violation of part I of chapter 499;
3659	10.  Any violation of the provisions of the Florida Motor
3660	Fuel Tax Relief Act of 2004; or
3661	11.  Any criminal violation of s. 409.920 or s. 409.9201;
3662	or
3663	12.  Any crime involving voter registration, voting, or
3664	candidate or issue petition activities.
3665
3666	or any attempt, solicitation, or conspiracy to commit any of the
3667	crimes specifically enumerated above. The office shall have such
3668	power only when any such offense is occurring, or has occurred,
3669	in two or more judicial circuits as part of a related
3670	transaction, or when any such offense is connected with an
3671	organized criminal conspiracy affecting two or more judicial
3672	circuits.
3673	Section 71.  Subsection (8) of section 112.3145, Florida
3674	Statutes, is amended to read:
3675	112.3145  Disclosure of financial interests and clients
3676	represented before agencies.--
3677	(8)  A public officer who has filed a disclosure for any
3678	calendar or fiscal year shall not be required to file a second
3679	disclosure for the same year or any part thereof,
3680	notwithstanding any requirement of this act, except that any
3681	public officer who qualifies as a candidate for public office
3682	shall file a copy of the disclosure with the officer before whom
3683	he or she qualifies as a candidate at the time of qualification.
3684	Section 72.  Subsection (5) of section 119.07, Florida
3685	Statutes, is amended to read:
3686	119.07  Inspection and copying of records; photographing
3687	public records; fees; exemptions.--
3688	(5)  When ballots are produced under this section for
3689	inspection or examination, no persons other than the supervisor
3690	of elections or the supervisor's employees shall touch the
3691	ballots. If the ballots are being examined prior to the end of
3692	the contest period in s. 102.168, the supervisor of elections
3693	shall make a reasonable effort to notify all candidates by
3694	telephone or otherwise of the time and place of the inspection
3695	or examination. All such candidates, or their representatives,
3696	shall be allowed to be present during the inspection or
3697	examination.
3698	Section 73.  Paragraph (a) of subsection (3) of section
3699	145.09, Florida Statutes, is amended to read:
3700	145.09  Supervisor of elections.--
3701	(3)(a)  There shall be an additional $2,000 per year
3702	special qualification salary for each supervisor of elections
3703	who has met the certification requirements established by the
3704	Division of Elections of the Department of State. The Department
3705	of State shall adopt rules to establish the certification
3706	requirements. Any supervisor who is certified during a calendar
3707	year shall receive in that year a pro rata share of the special
3708	qualification salary based on the remaining period of the year.
3709	Section 74.  Sections 98.095, 98.0979, 98.181, 98.481,
3710	101.253, 101.635, 102.061, 106.085, and 106.144, Florida
3711	Statutes, are repealed.
3712	Section 75.  If any provision of this act or its
3713	application to any person or circumstance is held invalid, the
3714	invalidity does not affect other provisions or applications of
3715	the act which can be given effect without the invalid provision
3716	or application and to this end the provisions of this act are
3717	severable.
3718	Section 76.  This act shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.