| 1 | Representative(s) Gannon offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 167-178 and insert: |
| 5 | Section 1. Subsections (1), (2), and (11) of section |
| 6 | 97.012, Florida Statutes, are amended, and subsection (14) is |
| 7 | added to said section, to read: |
| 8 | 97.012 Secretary of State as chief election officer.--The |
| 9 | Secretary of State is the chief election officer of the state, |
| 10 | and it is his or her responsibility to: |
| 11 | (1) Obtain and maintain uniformity in the application, |
| 12 | operation, and interpretation and implementation of the election |
| 13 | laws. In order to obtain and maintain uniformity in the |
| 14 | interpretation and implementation of the elections laws, the |
| 15 | Department of State may, pursuant to ss. 120.536(1) and 120.54, |
| 16 | adopt by rule uniform standards for the proper and equitable |
| 17 | interpretation and implementation of the requirements of |
| 18 | chapters 97 through 102 and 105 of the Election Code. |
| 19 | (2) Provide uniform standards for the proper and equitable |
| 20 | implementation of the registration laws by administrative rule |
| 21 | of the Department of State adopted pursuant to ss. 120.536(1) |
| 22 | and 120.54. |
| 23 | (11) Create and administer maintain a statewide voter |
| 24 | registration system as required by the Help America Vote Act of |
| 25 | 2002 database. The secretary may delegate voter registration |
| 26 | duties and records maintenance activities to voter registration |
| 27 | officials. Any responsibilities delegated by the secretary shall |
| 28 | be performed in accordance with state and federal law. |
| 29 | (14) Bring and maintain such actions at law or in equity |
| 30 | by mandamus or injunction to enforce the performance of any |
| 31 | duties of a county supervisor of elections or any official |
| 32 | performing duties with respect to chapters 97 through 102 and |
| 33 | 105 or to enforce compliance with a rule of the Department of |
| 34 | State adopted to interpret or implement any of those chapters. |
| 35 | (a) Venue for such actions shall be in the Circuit Court |
| 36 | of Leon County. |
| 37 | (b) When the secretary files an action under this section |
| 38 | and not more than 60 days remain before an election as defined |
| 39 | in s. 97.121, or during the time period after the election and |
| 40 | before certification of the election pursuant to s. 102.112 or |
| 41 | s. 102.121, the court, including an appellate court, shall set |
| 42 | an immediate hearing, giving the case priority over other |
| 43 | pending cases. |
| 44 | (c) Prior to filing an action to enforce performance of |
| 45 | the duties of the supervisor of elections or any official |
| 46 | described in this subsection, the secretary or his or her |
| 47 | designee first must confer, or must make a good-faith attempt to |
| 48 | confer, with the supervisor of elections or the official to |
| 49 | ensure compliance with chapters 97 through 102 and 105 or the |
| 50 | rules of the Department of State adopted under any of those |
| 51 | chapters. |
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| 53 |
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| 54 | ================ T I T L E A M E N D M E N T ============= |
| 55 | Remove line(s) 6-9 and insert: |
| 56 | An act relating to elections; amending s. 97.012, F.S.; |
| 57 | revising the duties of the Secretary of State and the |
| 58 | Department of State relating to election laws; providing |
| 59 | for rulemaking; authorizing the Secretary of State to |
| 60 | delegate voter registration and records maintenance duties |
| 61 | to voter registration officials; providing that the |
| 62 | secretary has a duty to bring legal action to enforce the |
| 63 | performance of county supervisors of elections or other |
| 64 | officials performing duties relating to the Election Code; |
| 65 | providing a prerequisite to bringing such an action; |
| 66 | providing venue; requiring that courts give priority to |
| 67 | such an action; providing penalties; providing for the |
| 68 | adoption of rules; amending s. 97.021, F.S.; revising |