Bill No. 1589
Amendment No. 146545
Senate House

1Representative(s) Gannon offered the following:
3     Amendment (with title amendment)
4     Remove line(s) 167-178 and insert:
5     Section 1.  Subsections (1), (2), and (11) of section
697.012, Florida Statutes, are amended, and subsection (14) is
7added to said section, to read:
8     97.012  Secretary of State as chief election officer.--The
9Secretary of State is the chief election officer of the state,
10and it is his or her responsibility to:
11     (1)  Obtain and maintain uniformity in the application,
12operation, and interpretation and implementation of the election
13laws. In order to obtain and maintain uniformity in the
14interpretation and implementation of the elections laws, the
15Department of State may, pursuant to ss. 120.536(1) and 120.54,
16adopt by rule uniform standards for the proper and equitable
17interpretation and implementation of the requirements of
18chapters 97 through 102 and 105 of the Election Code.
19     (2)  Provide uniform standards for the proper and equitable
20implementation of the registration laws by administrative rule
21of the Department of State adopted pursuant to ss. 120.536(1)
22and 120.54.
23     (11)  Create and administer maintain a statewide voter
24registration system as required by the Help America Vote Act of
252002 database. The secretary may delegate voter registration
26duties and records maintenance activities to voter registration
27officials. Any responsibilities delegated by the secretary shall
28be performed in accordance with state and federal law.
29     (14)  Bring and maintain such actions at law or in equity
30by mandamus or injunction to enforce the performance of any
31duties of a county supervisor of elections or any official
32performing duties with respect to chapters 97 through 102 and
33105 or to enforce compliance with a rule of the Department of
34State adopted to interpret or implement any of those chapters.
35     (a)  Venue for such actions shall be in the Circuit Court
36of Leon County.
37     (b)  When the secretary files an action under this section
38and not more than 60 days remain before an election as defined
39in s. 97.121, or during the time period after the election and
40before certification of the election pursuant to s. 102.112 or
41s. 102.121, the court, including an appellate court, shall set
42an immediate hearing, giving the case priority over other
43pending cases.
44     (c)  Prior to filing an action to enforce performance of
45the duties of the supervisor of elections or any official
46described in this subsection, the secretary or his or her
47designee first must confer, or must make a good-faith attempt to
48confer, with the supervisor of elections or the official to
49ensure compliance with chapters 97 through 102 and 105 or the
50rules of the Department of State adopted under any of those
54================ T I T L E  A M E N D M E N T =============
55     Remove line(s) 6-9 and insert:
56An act relating to elections; amending s. 97.012, F.S.;
57revising the duties of the Secretary of State and the
58Department of State relating to election laws; providing
59for rulemaking; authorizing the Secretary of State to
60delegate voter registration and records maintenance duties
61to voter registration officials; providing that the
62secretary has a duty to bring legal action to enforce the
63performance of county supervisors of elections or other
64officials performing duties relating to the Election Code;
65providing a prerequisite to bringing such an action;
66providing venue; requiring that courts give priority to
67such an action; providing penalties; providing for the
68adoption of rules; amending s. 97.021, F.S.; revising

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