1 | Representative(s) Brown offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove the entire body and insert: |
5 |
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6 | Be It Enacted by the Legislature of the State of Florida: |
7 |
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8 | Section 1. Subsections (1), (2), and (11) of section |
9 | 97.012, Florida Statutes, are amended, and subsection (14) is |
10 | added to said section, to read: |
11 | 97.012 Secretary of State as chief election officer.--The |
12 | Secretary of State is the chief election officer of the state, |
13 | and it is his or her responsibility to: |
14 | (1) Obtain and maintain uniformity in the application, |
15 | operation, and interpretation and implementation of the election |
16 | laws. In order to obtain and maintain uniformity in the |
17 | interpretation and implementation of the elections laws, the |
18 | Department of State may, pursuant to ss. 120.536(1) and 120.54, |
19 | adopt by rule uniform standards for the proper and equitable |
20 | interpretation and implementation of the requirements of |
21 | chapters 97 through 102 and 105 of the Florida Election Code. |
22 | (2) Provide uniform standards for the proper and equitable |
23 | implementation of the registration laws by administrative rule |
24 | of the Department of State adopted pursuant to ss. 120.536(1) |
25 | and 120.54. |
26 | (11) Create and administer maintain a statewide voter |
27 | registration system as required by the Help America Vote Act of |
28 | 2002 database. The secretary may delegate voter registration |
29 | duties and records maintenance activities to voter registration |
30 | officials. Any responsibilities delegated by the secretary shall |
31 | be performed in accordance with state and federal law. |
32 | (14) Bring and maintain such actions at law or in equity |
33 | by mandamus or injunction to enforce the performance of any |
34 | duties of a county supervisor of elections or any official |
35 | performing duties with respect to chapters 97 through 102 and |
36 | 105 or to enforce compliance with a rule of the Department of |
37 | State adopted to interpret or implement any of those chapters. |
38 | (a) Venue for such actions shall be in the Circuit Court |
39 | of Leon County. |
40 | (b) When the secretary files an action under this section |
41 | and not more than 60 days remain before an election as defined |
42 | in s. 97.021, or during the time period after the election and |
43 | before certification of the election pursuant to s. 102.112 or |
44 | s. 102.121, the court, including an appellate court, shall set |
45 | an immediate hearing, giving the case priority over other |
46 | pending cases. |
47 | (c) Prior to filing an action to enforce performance of |
48 | the duties of the supervisor of elections or any official |
49 | described in this subsection, the secretary or his or her |
50 | designee first must confer, or must make a good-faith attempt to |
51 | confer, with the supervisor of elections or the official to |
52 | ensure compliance with chapters 97 through 102 and 105 or the |
53 | rules of the Department of State adopted under any of those |
54 | chapters. |
55 | Section 2. Subsection (13) of section 97.021, Florida |
56 | Statutes, is amended, present subsections (38) and (39) are |
57 | renumbered as subsections (39) and (40), respectively, and a new |
58 | subsection (38) is added to said section, to read: |
59 | 97.021 Definitions.--For the purposes of this code, except |
60 | where the context clearly indicates otherwise, the term: |
61 | (13) "Lists of registered electors" means names and |
62 | associated information copies of printed lists of registered |
63 | electors maintained by the department in the statewide voter |
64 | registration system or generated or derived from the statewide |
65 | voter registration system. Lists may be produced in printed or |
66 | electronic format, computer tapes or disks, or any other device |
67 | used by the supervisor of elections to maintain voter records. |
68 | (38) "Voter registration official" means any supervisor of |
69 | elections or individual authorized by the Secretary of State to |
70 | accept voter registration applications and execute updates to |
71 | the statewide voter registration system. |
72 | Section 3. Section 97.026, Florida Statutes, is amended to |
73 | read: |
74 | 97.026 Forms to be available in alternative formats and |
75 | via the Internet.--It is the intent of the Legislature that all |
76 | forms required to be used in chapters 97-106 shall be made |
77 | available upon request, in alternative formats. Such forms shall |
78 | include absentee ballots as alternative formats for such ballots |
79 | become available and the Division of Elections is able to |
80 | certify systems that provide them. The department may, pursuant |
81 | to ss. 120.536(1) and 120.54, adopt rules to administer this |
82 | section. Whenever possible, such forms, with the exception of |
83 | absentee ballots, shall be made available by the Department of |
84 | State via the Internet. Sections that contain such forms |
85 | include, but are not limited to, ss. 97.051, 97.052, 97.053, |
86 | 97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, |
87 | 98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, |
88 | 101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and |
89 | 106.087. |
90 | Section 4. Section 97.051, Florida Statutes, is amended to |
91 | read: |
92 | 97.051 Oath upon registering.--A person registering to |
93 | vote must subscribe to the following oath: "I do solemnly swear |
94 | (or affirm) that I will protect and defend the Constitution of |
95 | the United States and the Constitution of the State of Florida, |
96 | that I am qualified to register as an elector under the |
97 | Constitution and laws of the State of Florida, and that all |
98 | information provided in this application is true I am a citizen |
99 | of the United States and a legal resident of Florida." |
100 | Section 5. Section 97.052, Florida Statutes, is amended to |
101 | read: |
102 | 97.052 Uniform statewide voter registration application.-- |
103 | (1) The department shall prescribe by rule a uniform |
104 | statewide voter registration application for use in this state. |
105 | (a) The uniform statewide voter registration application |
106 | must be accepted for any one or more of the following purposes: |
107 | 1. Initial registration. |
108 | 2. Change of address. |
109 | 3. Change of party affiliation. |
110 | 4. Change of name. |
111 | 5. Replacement of a voter information registration |
112 | identification card. |
113 | 6. Signature update. |
114 | (b) The department is responsible for printing the uniform |
115 | statewide voter registration application and the voter |
116 | registration application form prescribed by the Federal Election |
117 | Assistance Commission pursuant to federal law the National Voter |
118 | Registration Act of 1993. The applications and forms must be |
119 | distributed, upon request, to the following: |
120 | 1. Individuals seeking to register to vote or update a |
121 | voter registration record. |
122 | 2. Individuals or groups conducting voter registration |
123 | programs. A charge of 1 cent per application shall be assessed |
124 | on requests for 10,000 or more applications. |
125 | 3. The Department of Highway Safety and Motor Vehicles. |
126 | 4. Voter registration agencies. |
127 | 5. Armed forces recruitment offices. |
128 | 6. Qualifying educational institutions. |
129 | 7. Supervisors, who must make the applications and forms |
130 | available in the following manner: |
131 | a. By distributing the applications and forms in their |
132 | offices to any individual or group. |
133 | b. By distributing the applications and forms at other |
134 | locations designated by each supervisor. |
135 | c. By mailing the applications and forms to applicants |
136 | upon the request of the applicant. |
137 | (c) The uniform statewide voter registration application |
138 | may be reproduced by any private individual or group, provided |
139 | the reproduced application is in the same format as the |
140 | application prescribed by rule under this section. |
141 | (2) The uniform statewide voter registration application |
142 | must be designed to elicit the following information from the |
143 | applicant: |
144 | (a) Last, first, and middle Full name, including any |
145 | suffix. |
146 | (b) Date of birth. |
147 | (c) Address of legal residence. |
148 | (d) Mailing address, if different. |
149 | (e) County of legal residence. |
150 | (f) Address of property for which the applicant has been |
151 | granted a homestead exemption, if any. |
152 | (f)(g) Race or ethnicity that best describes the |
153 | applicant: |
154 | 1. American Indian or Alaskan Native. |
155 | 2. Asian or Pacific Islander. |
156 | 3. Black, not Hispanic. |
157 | 4. White, not Hispanic. |
158 | 5. Hispanic. |
159 | (g)(h) State or country of birth. |
160 | (h)(i) Sex. |
161 | (i)(j) Party affiliation. |
162 | (j)(k) Whether the applicant needs assistance in voting. |
163 | (k)(l) Name and address where last registered. |
164 | (l)(m) Last four digits of the applicant's social security |
165 | number. |
166 | (m)(n) Florida driver's license number or the |
167 | identification number from a Florida identification card issued |
168 | under s. 322.051. |
169 | (n) An indication, if applicable, that the applicant has |
170 | not been issued a Florida driver's license, a Florida |
171 | identification card, or a social security number. |
172 | (o) Telephone number (optional). |
173 | (p) Signature of applicant under penalty for false |
174 | swearing pursuant to s. 104.011, by which the person subscribes |
175 | to the oath required by s. 3, Art. VI of the State Constitution |
176 | and s. 97.051, and swears or affirms that the information |
177 | contained in the registration application is true. |
178 | (q) Whether the application is being used for initial |
179 | registration, to update a voter registration record, or to |
180 | request a replacement voter information registration |
181 | identification card. |
182 | (r) Whether the applicant is a citizen of the United |
183 | States by asking the question "Are you a citizen of the United |
184 | States of America?" and providing boxes for the applicant to |
185 | check to indicate whether the applicant is or is not a citizen |
186 | of the United States. |
187 | (s) Whether That the applicant has not been convicted of a |
188 | felony, and or, if convicted, has had his or her civil rights |
189 | restored by including the statement "I affirm I am not a |
190 | convicted felon or, if I am, my rights relating to voting have |
191 | been restored." and providing a box for the applicant to check |
192 | to affirm the statement. |
193 | (t) Whether That the applicant has not been adjudicated |
194 | mentally incapacitated with respect to voting or, if so |
195 | adjudicated, has had his or her right to vote restored by |
196 | including the statement "I affirm I have not been adjudicated |
197 | mentally incapacitated with respect to voting or, if I have, my |
198 | competency has been restored." and providing a box for the |
199 | applicant to check to affirm the statement. |
200 |
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201 | The registration application form must be in plain language and |
202 | designed so that convicted felons whose civil rights have been |
203 | restored and persons who have been adjudicated mentally |
204 | incapacitated and have had their voting rights restored are not |
205 | required to reveal their prior conviction or adjudication. |
206 | (3) The uniform statewide voter registration application |
207 | must also contain: |
208 | (a) The oath required by s. 3, Art. VI of the State |
209 | Constitution and s. 97.051. |
210 | (b) A statement specifying each eligibility requirement |
211 | under s. 97.041. |
212 | (c) The penalties provided in s. 104.011 for false |
213 | swearing in connection with voter registration. |
214 | (d) A statement that, if an applicant declines to register |
215 | to vote, the fact that the applicant has declined to register |
216 | will remain confidential and may be used only for voter |
217 | registration purposes. |
218 | (e) A statement that informs the applicant who chooses to |
219 | register to vote or update a voter registration record that the |
220 | office at which the applicant submits a voter registration |
221 | application or updates a voter registration record will remain |
222 | confidential and may be used only for voter registration |
223 | purposes. |
224 | (f) A statement that informs the applicant that any person |
225 | who has been granted a homestead exemption in this state, and |
226 | who registers to vote in any precinct other than the one in |
227 | which the property for which the homestead exemption has been |
228 | granted, shall have that information forwarded to the property |
229 | appraiser where such property is located, which may result in |
230 | the person's homestead exemption being terminated and the person |
231 | being subject to assessment of back taxes under s. 193.092, |
232 | unless the homestead granted the exemption is being maintained |
233 | as the permanent residence of a legal or natural dependent of |
234 | the owner and the owner resides elsewhere. |
235 | (f)(g) A statement informing an the applicant who has not |
236 | been issued a Florida driver's license, a Florida identification |
237 | card, or a social security number that if the application form |
238 | is submitted by mail and the applicant is registering for the |
239 | first time in this state, the applicant will be required to |
240 | provide identification prior to voting the first time. |
241 | (4) A supervisor may produce a voter registration |
242 | application that has the supervisor's direct mailing address if |
243 | the department has reviewed the application and determined that |
244 | it is substantially the same as the uniform statewide voter |
245 | registration application. |
246 | (5) The voter registration application form prescribed by |
247 | the Federal Election Assistance Commission pursuant to federal |
248 | law the National Voter Registration Act of 1993 or the federal |
249 | postcard application must be accepted as an application for |
250 | registration in this state if the completed application or |
251 | postcard application contains the information required by the |
252 | constitution and laws of this state. |
253 | (6) If a voter registration applicant fails to provide any |
254 | of the required information on the voter registration |
255 | application form, the supervisor shall notify the applicant of |
256 | the failure by mail within 5 business days after the supervisor |
257 | has the information available in the voter registration system. |
258 | The applicant shall have an opportunity to complete the |
259 | application form to vote in the next election up until the book |
260 | closing for that next election. |
261 | Section 6. Section 97.053, Florida Statutes, is amended to |
262 | read: |
263 | 97.053 Acceptance of voter registration applications.-- |
264 | (1) Voter registration applications, changes in |
265 | registration, and requests for a replacement voter information |
266 | registration identification card must be accepted in the office |
267 | of any supervisor, the division, a driver license office, a |
268 | voter registration agency, or an armed forces recruitment office |
269 | when hand delivered by the applicant or a third party during the |
270 | hours that office is open or when mailed. |
271 | (2) A completed voter registration application is complete |
272 | and that contains the information necessary to establish an |
273 | applicant's eligibility pursuant to s. 97.041 becomes the |
274 | official voter registration record of that applicant when all |
275 | information necessary to establish the applicant's eligibility |
276 | pursuant to s. 97.041 is received by a voter registration |
277 | official and verified pursuant to subsection (6) the appropriate |
278 | supervisor. If the applicant fails to complete his or her voter |
279 | registration application prior to the date of book closing for |
280 | an election, then such applicant shall not be eligible to vote |
281 | in that election. |
282 | (3) The registration date for a valid initial voter |
283 | registration application that has been hand delivered is the |
284 | date that the application is when received by a driver license |
285 | office, a voter registration agency, an armed forces recruitment |
286 | office, the division, or the office of any supervisor in the |
287 | state. |
288 | (4) The registration date for a valid initial voter |
289 | registration application that has been mailed to a driver |
290 | license office, a voter registration agency, an armed forces |
291 | recruitment office, the division, or the office of any |
292 | supervisor in the state and bears a clear postmark is the date |
293 | of that the postmark. If an initial voter registration |
294 | application that has been mailed does not bear a postmark or if |
295 | the postmark is unclear, the registration date is the date the |
296 | application registration is received by any supervisor or the |
297 | division, unless it is received within 5 days after the closing |
298 | of the books for an election, excluding Saturdays, Sundays, and |
299 | legal holidays, in which case the registration date is the book- |
300 | closing date. |
301 | (5)(a) A voter registration application is complete if it |
302 | contains the following information necessary to establish the |
303 | applicant's eligibility pursuant to s. 97.041: |
304 | 1. The applicant's name. |
305 | 2. The applicant's legal residence address. |
306 | 3. The applicant's date of birth. |
307 | 4. A mark in the checkbox affirming An indication that the |
308 | applicant is a citizen of the United States. |
309 | 5.a. The applicant's current and valid Florida driver's |
310 | license number or, the identification number from a Florida |
311 | identification card issued under s. 322.051, or |
312 | b. If the applicant has not been issued a current and |
313 | valid Florida driver's license or a Florida identification card, |
314 | the last four digits of the applicant's social security number. |
315 |
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316 | In case an applicant has not been issued a current and valid |
317 | Florida driver's license, Florida identification card, or social |
318 | security number, the applicant shall affirm this fact in the |
319 | manner prescribed in the uniform statewide voter registration |
320 | application. |
321 | 6. A mark in the checkbox affirming An indication that the |
322 | applicant has not been convicted of a felony or that, if |
323 | convicted, has had his or her civil rights restored. |
324 | 7. A mark in the checkbox affirming An indication that the |
325 | applicant has not been adjudicated mentally incapacitated with |
326 | respect to voting or that, if so adjudicated, has had his or her |
327 | right to vote restored. |
328 | 8. The original signature or a digital signature |
329 | transmitted by the Department of Highway Safety and Motor |
330 | Vehicles of the applicant swearing or affirming under the |
331 | penalty for false swearing pursuant to s. 104.011 that the |
332 | information contained in the registration application is true |
333 | and subscribing to the oath required by s. 3, Art. VI of the |
334 | State Constitution and s. 97.051. |
335 | (b) An applicant who fails to designate party affiliation |
336 | must be registered without party affiliation. The supervisor |
337 | must notify the voter by mail that the voter has been registered |
338 | without party affiliation and that the voter may change party |
339 | affiliation as provided in s. 97.1031. |
340 | (6) A voter registration application may be accepted as |
341 | valid only after the department has verified the authenticity or |
342 | nonexistence of the driver's license number, the Florida |
343 | identification card number, or the last four digits of the |
344 | social security number provided by the applicant. If a completed |
345 | voter registration application has been received by the book- |
346 | closing deadline but the driver's license number, the Florida |
347 | identification card number, or the last four digits of the |
348 | social security number provided by the applicant cannot be |
349 | verified prior to the applicant presenting himself or herself to |
350 | vote, the applicant shall be provided a provisional ballot. The |
351 | provisional ballot shall be counted only if the application is |
352 | verified by the end of the canvassing period or if the applicant |
353 | presents evidence to the supervisor of elections sufficient to |
354 | verify the authenticity of the driver's license number, Florida |
355 | identification card number, or last four digits of the social |
356 | security number provided on the application no later than 5 p.m. |
357 | of the third day following the election. |
358 | (7) All voter registration applications received by a |
359 | voter registration official shall be entered into the statewide |
360 | voter registration system within 15 days after receipt. Once |
361 | entered, the application shall be immediately forwarded to the |
362 | appropriate supervisor of elections. |
363 | Section 7. Subsections (1), (2), and (3) of section |
364 | 97.0535, Florida Statutes, are amended to read: |
365 | 97.0535 Special requirements for certain applicants.-- |
366 | (1) Each applicant who registers by mail and who has never |
367 | previously voted in the state and who the department has |
368 | verified has not been issued a current and valid Florida |
369 | driver's license, Florida identification card, or social |
370 | security number county shall be required to provide a copy of a |
371 | current and valid identification, as provided in subsection (3), |
372 | or indicate that he or she is exempt from the requirements prior |
373 | to voting. Such The applicant may provide the identification or |
374 | indication may be provided at the time of registering, or at any |
375 | time prior to voting for the first time in the state county. If |
376 | the voter registration application clearly provides information |
377 | from which a voter registration official the supervisor can |
378 | determine that the applicant meets at least one of the |
379 | exemptions in subsection (4), the voter registration official |
380 | supervisor shall make the notation on the registration records |
381 | of the statewide voter registration system and the applicant |
382 | shall not be required to provide the identification required by |
383 | this section further information that is required of first time |
384 | voters who register by mail. |
385 | (2) The voter registration official supervisor of |
386 | elections shall, upon accepting the voter registration |
387 | application submitted pursuant to subsection (1) for an |
388 | applicant who registered by mail and who has not previously |
389 | voted in the county, determine if the applicant provided the |
390 | required identification at the time of registering. If the |
391 | required identification was not provided, the supervisor shall |
392 | notify the applicant that he or she must provide the |
393 | identification prior to voting the first time in the state |
394 | county. |
395 | (3)(a) The following forms of identification shall be |
396 | considered current and valid if they contain the name and |
397 | photograph of the applicant and have not expired: |
398 | 1. Florida driver's license. |
399 | 2. Florida identification card issued by the Department of |
400 | Highway Safety and Motor Vehicles. |
401 | 1.3. United States passport. |
402 | 2.4. Employee badge or identification. |
403 | 3.5. Buyer's club identification. |
404 | 4.6. Debit or credit card. |
405 | 5.7. Military identification. |
406 | 6.8. Student identification. |
407 | 7.9. Retirement center identification. |
408 | 8.10. Neighborhood association identification. |
409 | 11. Entertainment identification. |
410 | 9.12. Public assistance identification. |
411 | (b) The following forms of identification shall be |
412 | considered current and valid if they contain the name and |
413 | current residence address of the applicant: |
414 | 1. Utility bill. |
415 | 2. Bank statement. |
416 | 3. Government check. |
417 | 4. Paycheck. |
418 | 5. Other government document (excluding voter |
419 | identification card). |
420 | Section 8. Subsection (1) of section 97.055, Florida |
421 | Statutes, is amended to read: |
422 | 97.055 Registration books; when closed for an election.-- |
423 | (1) The registration books must be closed on the 29th day |
424 | before each election and must remain closed until after that |
425 | election. If an election is called and there are fewer than 29 |
426 | days before that election, the registration books must be closed |
427 | immediately. When the registration books are closed for an |
428 | election, only updates to a voter's name, address, and signature |
429 | pursuant to ss. 98.077 and 101.045 will be permitted for |
430 | purposes of the upcoming election. Voter registration |
431 | applications and party changes must be accepted but only for the |
432 | purpose of subsequent elections. However, party changes received |
433 | between the book-closing date of the first primary election and |
434 | the date of the second primary election are not effective until |
435 | after the second primary election. |
436 | Section 9. Section 97.057, Florida Statutes, is amended to |
437 | read: |
438 | 97.057 Voter registration by the Department of Highway |
439 | Safety and Motor Vehicles.-- |
440 | (1) The Department of Highway Safety and Motor Vehicles |
441 | shall provide the opportunity to register to vote or to update a |
442 | voter registration record to each individual who comes to an |
443 | office of that department to: |
444 | (a) Apply for or renew a driver's license; |
445 | (b) Apply for or renew an identification card pursuant to |
446 | chapter 322; or |
447 | (c) Change an address on an existing driver's license or |
448 | identification card. |
449 | (2) The Department of Highway Safety and Motor Vehicles |
450 | shall: |
451 | (a) Notify each individual, orally or in writing, that: |
452 | 1. Information gathered for the completion of a driver's |
453 | license or identification card application, renewal, or change |
454 | of address can be automatically transferred to a voter |
455 | registration application; |
456 | 2. If additional information and a signature are provided, |
457 | the voter registration application will be completed and sent to |
458 | the proper election authority; |
459 | 3. Information provided can also be used to update a voter |
460 | registration record; |
461 | 4. All declinations will remain confidential and may be |
462 | used only for voter registration purposes; and |
463 | 5. The particular driver license office in which the |
464 | person applies to register to vote or updates a voter |
465 | registration record will remain confidential and may be used |
466 | only for voter registration purposes. |
467 | (b) Require a driver's license examiner to inquire orally, |
468 | or, if the applicant is hearing impaired, inquire in writing if |
469 | the applicant is hearing impaired, and whether the applicant |
470 | wishes to register to vote or update a voter registration record |
471 | during the completion of a driver's license or identification |
472 | card application, renewal, or change of address. |
473 | 1. If the applicant chooses to register to vote or to |
474 | update a voter registration record: |
475 | a. All applicable information received by the Department |
476 | of Highway Safety and Motor Vehicles in the course of filling |
477 | out the forms necessary under subsection (1) must be transferred |
478 | to a voter registration application.; |
479 | b. The additional necessary information must be obtained |
480 | by the driver's license examiner and must not duplicate any |
481 | information already obtained while completing the forms required |
482 | under subsection (1).; and |
483 | c. A voter registration application with all of the |
484 | applicant's voter registration information required to establish |
485 | the applicant's eligibility pursuant to s. 97.041 must be |
486 | presented to the applicant to review and verify the voter |
487 | registration information received and provide an electronic |
488 | signature affirming the accuracy of the information provided |
489 | sign. |
490 | 2. If the applicant declines to register to vote, update |
491 | the applicant's voter registration record, or change the |
492 | applicant's address by either orally declining or by failing to |
493 | sign the voter registration application, the Department of |
494 | Highway Safety and Motor Vehicles must note such declination on |
495 | its records and shall forward the declination to the statewide |
496 | voter registration system keep the declination for 2 years but |
497 | must forward a copy of the unsigned voter registration |
498 | application within 5 days after receipt to the appropriate |
499 | supervisor of elections. |
500 | (3) For the purpose of this section, the Department of |
501 | Highway Safety and Motor Vehicles, with the approval of the |
502 | Department of State, shall prescribe: |
503 | (a) A voter registration application that is the same in |
504 | content, format, and size as the uniform statewide voter |
505 | registration application prescribed under s. 97.052; and |
506 | (b) A form that will inform applicants under subsection |
507 | (1) of the information contained in paragraph (2)(a). |
508 | (4) The Department of Highway Safety and Motor Vehicles |
509 | must electronically transmit forward completed voter |
510 | registration applications within 24 hours after receipt to the |
511 | statewide voter registration system. Completed paper voter |
512 | registration applications received by the Department of Highway |
513 | Safety and Motor Vehicles shall be forwarded within 5 days after |
514 | receipt to the supervisor of the county where the office that |
515 | processed or received that application is located. |
516 | (5) The Department of Highway Safety and Motor Vehicles |
517 | must send, with each driver's license renewal extension |
518 | application authorized pursuant to s. 322.18(8), a uniform |
519 | statewide voter registration application, the voter registration |
520 | application prescribed under paragraph (3)(a), or a voter |
521 | registration application developed especially for the purposes |
522 | of this subsection by the Department of Highway Safety and Motor |
523 | Vehicles, with the approval of the Department of State, which |
524 | must meet the requirements of s. 97.052. |
525 | (6) A person providing voter registration services for a |
526 | driver license office may not: |
527 | (a) Seek to influence an applicant's political preference |
528 | or party registration; |
529 | (b) Display any political preference or party allegiance; |
530 | (c) Make any statement to an applicant or take any action |
531 | the purpose or effect of which is to discourage the applicant |
532 | from registering to vote; or |
533 | (d) Disclose any applicant's voter registration |
534 | information except as needed for the administration of voter |
535 | registration. |
536 | (7) The Department of Highway Safety and Motor Vehicles |
537 | shall compile lists, by county, of those individuals whose names |
538 | have been purged from its driver's license database because they |
539 | have been licensed in another state and shall provide those |
540 | lists annually to the appropriate supervisors. |
541 | (7)(8) The Department of Highway Safety and Motor Vehicles |
542 | shall collect data determined necessary by the Department of |
543 | State for program evaluation and reporting to the Federal |
544 | Election Assistance Commission pursuant to federal law the |
545 | National Voter Registration Act of 1993. |
546 | (8)(9) The Department of Highway Safety and Motor Vehicles |
547 | must ensure that all voter registration services provided by |
548 | driver license offices are in compliance with the Voting Rights |
549 | Act of 1965. |
550 | (9) The Department of Highway Safety and Motor Vehicles |
551 | shall retain complete records of voter registration information |
552 | received, processed, and submitted to the statewide voter |
553 | registration system by the Department of Highway Safety and |
554 | Motor Vehicles. These records shall be for the explicit purpose |
555 | of supporting audit and accounting controls established to |
556 | ensure accurate and complete electronic transmission of records |
557 | between the statewide voter registration system and the |
558 | Department of Highway Safety and Motor Vehicles. |
559 | (10) The department shall provide the Department of |
560 | Highway Safety and Motor Vehicles with an electronic database of |
561 | street addresses valid for use as the legal residence address as |
562 | required in s. 97.053(5). The Department of Highway Safety and |
563 | Motor Vehicles shall compare the address provided by the |
564 | applicant against the database of valid street addresses. If the |
565 | address provided by the applicant does not match a valid street |
566 | address in the database, the applicant will be asked to verify |
567 | the address provided. The Department of Highway Safety and Motor |
568 | Vehicles shall not reject any application for voter registration |
569 | for which a valid match cannot be made. |
570 | (11) The Department of Highway Safety and Motor Vehicles |
571 | shall enter into an agreement with the department to match |
572 | information in the statewide voter registration system with |
573 | information in the database of the Department of Highway Safety |
574 | and Motor Vehicles to the extent required to verify the accuracy |
575 | of the driver's license number, Florida identification number, |
576 | or last four digits of the social security number provided on |
577 | applications for voter registration as required in s. 97.053. |
578 | (12) The Department of Highway Safety and Motor Vehicles |
579 | shall enter into an agreement with the Commissioner of Social |
580 | Security as required by the Help America Vote Act of 2002 to |
581 | verify the last four digits of the social security number |
582 | provided in applications for voter registration as required in |
583 | s. 97.053. |
584 | Section 10. Subsections (6), (7), and (9) of section |
585 | 97.058, Florida Statutes, are amended to read: |
586 | 97.058 Voter registration agencies.-- |
587 | (6) A voter registration agency must forward all completed |
588 | and incomplete voter registration applications within 5 days |
589 | after receipt to the supervisor of the county where the agency |
590 | that processed or received that application is located. |
591 | (7) A voter registration agency must retain declinations |
592 | for a period of 2 years, during which time the declinations are |
593 | not considered a record of the client pursuant to the laws |
594 | governing the agency's records. However, a voter registration |
595 | agency must forward a copy of each incompleted voter |
596 | registration application within 5 days after receipt to the |
597 | appropriate supervisor of elections. |
598 | (9) A voter registration agency must collect data |
599 | determined necessary by the department, as provided by rule, for |
600 | program evaluation and reporting to the Federal Election |
601 | Assistance Commission pursuant to federal law the National Voter |
602 | Registration Act of 1993. |
603 | Section 11. Section 97.061, Florida Statutes, is amended |
604 | to read: |
605 | 97.061 Special registration for electors requiring |
606 | assistance.-- |
607 | (1) Any person who is eligible to register and who is |
608 | unable to read or write or who, because of some disability, |
609 | needs assistance in voting shall upon that person's request be |
610 | registered by the supervisor under the procedure prescribed by |
611 | this section and shall be entitled to receive assistance at the |
612 | polls under the conditions prescribed by this section. The |
613 | department may adopt rules to administer this section. |
614 | (2) If a person is qualified to register pursuant to this |
615 | section, the voter registration official supervisor shall note |
616 | in that person's registration record that the person needs |
617 | assistance in voting. |
618 | (3) The precinct register generated by the supervisor |
619 | shall contain Upon registering any person pursuant to this |
620 | section, the supervisor must make a notation on the registration |
621 | books or records which are delivered to the polls on election |
622 | day that such person is eligible for assistance in voting, and |
623 | the supervisor may issue such person a special registration |
624 | identification card or make a some notation on the voter |
625 | information regular registration identification card that such |
626 | person is eligible for assistance in voting. Such person shall |
627 | be entitled to receive the assistance of two election officials |
628 | or some other person of his or her own choice, other than the |
629 | person's employer, the agent of the person's employer, or an |
630 | officer or agent of the person's union, without the necessity of |
631 | executing the "Declaration to Secure Assistance" prescribed in |
632 | s. 101.051. Such person shall notify the supervisor of any |
633 | change in his or her condition which makes it unnecessary for |
634 | him or her to receive assistance in voting. |
635 | Section 12. Section 97.071, Florida Statutes, is amended |
636 | to read: |
637 | 97.071 Voter information Registration identification |
638 | card.-- |
639 | (1) A voter information registration identification card |
640 | shall must be furnished by the supervisor to all registered |
641 | voters residing in the supervisor's county. The card may |
642 | registering under the permanent single registration system and |
643 | must contain: |
644 | (a) Voter's registration number. |
645 | (b) Date of registration. |
646 | (c) Full name. |
647 | (d) Party affiliation. |
648 | (e) Date of birth. |
649 | (f) Race or ethnicity, if provided by the applicant. |
650 | (g) Sex, if provided by the applicant. |
651 | (f)(h) Address of legal residence. |
652 | (g)(i) Precinct number. |
653 | (h)(j) Name of supervisor and contact information of |
654 | supervisor. |
655 | (k) Place for voter's signature. |
656 | (i)(l) Other information deemed necessary by the |
657 | supervisor department. |
658 | (2) A voter may receive a replacement voter information of |
659 | a registration identification card by providing a signed, |
660 | written request for a replacement card to a voter registration |
661 | official the supervisor. Upon verification of registration, the |
662 | supervisor shall issue the voter a duplicate card without |
663 | charge. |
664 | (3) In the case of a change of name, address, or party |
665 | affiliation, the supervisor shall must issue the voter a new |
666 | voter information registration identification card. However, a |
667 | voter information registration identification card indicating a |
668 | party affiliation change made between the book-closing date for |
669 | the first primary election and the date of the second primary |
670 | election may not be issued until after the second primary |
671 | election. |
672 | Section 13. Section 97.073, Florida Statutes, is amended |
673 | to read: |
674 | 97.073 Disposition of voter registration applications; |
675 | cancellation notice.-- |
676 | (1) The supervisor must notify each applicant of the |
677 | disposition of the applicant's voter registration application. |
678 | The notice must inform the applicant that the application has |
679 | been approved, is incomplete, has been denied, or is a duplicate |
680 | of a current registration. A voter information registration |
681 | identification card sent to an applicant constitutes notice of |
682 | approval of registration. If the application is incomplete, the |
683 | supervisor must request that the applicant supply the missing |
684 | information using a voter registration application signed by the |
685 | applicant in writing and sign a statement that the additional |
686 | information is true and correct. A notice of denial must inform |
687 | the applicant of the reason the application was denied. |
688 | (2) Within 2 weeks after approval of a voter registration |
689 | application that indicates that the applicant was previously |
690 | registered in another state jurisdiction, the department |
691 | supervisor must notify the registration official in the prior |
692 | state jurisdiction that the applicant is now registered in this |
693 | state the supervisor's county. |
694 | Section 14. Section 97.1031, Florida Statutes, is amended |
695 | to read: |
696 | 97.1031 Notice of change of residence within the same |
697 | county, change of name, or change of party affiliation.-- |
698 | (1) When an elector moves from the address named on that |
699 | person's voter registration record to another address within the |
700 | same county, the elector must provide notification of such move |
701 | to the supervisor of elections of that county. The elector may |
702 | provide the supervisor a signed, written notice or may notify |
703 | the supervisor by telephone or electronic means. However, |
704 | notification of such move other than by signed, written notice |
705 | must include the elector's date of birth. An elector may also |
706 | provide notification to other voter registration officials as |
707 | provided in subsection (2). A voter information registration |
708 | identification card reflecting the new information address of |
709 | legal residence shall be issued to the elector as provided in |
710 | subsection (3)(4). |
711 | (2) When an elector moves from the address named on that |
712 | person's voter registration record to another address in a |
713 | different county but within the state, the elector seeks to |
714 | change party affiliation, or the name of an elector is changed |
715 | by marriage or other legal process, the elector shall must |
716 | provide notice a signed, written notification of such change to |
717 | a voter registration official using a voter registration |
718 | application signed by the elector. A voter information the |
719 | supervisor and obtain a registration identification card |
720 | reflecting the new information shall be issued to the elector as |
721 | provided in subsection (3) name. |
722 | (3) When an elector seeks to change party affiliation, the |
723 | elector must provide a signed, written notification of such |
724 | intent to the supervisor and obtain a registration |
725 | identification card reflecting the new party affiliation, |
726 | subject to the issuance restriction in s. 97.071(3). |
727 | (3)(4) The voter registration official supervisor shall |
728 | make the necessary changes in the elector's records as soon as |
729 | practical upon receipt of such notice of a change of address of |
730 | legal residence, name, or party affiliation. The supervisor of |
731 | elections and shall issue the new voter information registration |
732 | identification card as required by s. 97.071(3). |
733 | Section 15. Section 97.105, Florida Statutes, is amended |
734 | to read: |
735 | 97.105 Permanent single registration system |
736 | established.--A permanent single registration system for the |
737 | registration of electors to qualify them to vote in all |
738 | elections is provided for the several counties and |
739 | municipalities. This system shall be put into use by all |
740 | municipalities and shall be in lieu of any other system of |
741 | municipal registration. Electors shall be registered pursuant to |
742 | in pursuance of this system by a voter registration official the |
743 | supervisor or by a deputy supervisor, and electors registered |
744 | shall not thereafter be required to register or reregister |
745 | except as provided by law. |
746 | Section 16. Subsections (3), (10), and (11) of section |
747 | 98.015, Florida Statutes, are amended, and subsection (12) is |
748 | added to said section, to read: |
749 | 98.015 Supervisor of elections; election, tenure of |
750 | office, compensation, custody of books, office hours, successor, |
751 | seal; appointment of deputy supervisors; duties.-- |
752 | (3) The supervisor shall update voter registration |
753 | information, enter new voter registrations into the statewide |
754 | voter registration system, and act as is the official custodian |
755 | of documents received by the supervisor related to the |
756 | registration of electors and changes in voter registration |
757 | status of electors of the supervisor's county the registration |
758 | books and has the exclusive control of matters pertaining to |
759 | registration of electors. |
760 | (10) Each supervisor shall must ensure that all voter |
761 | registration and list maintenance procedures conducted by such |
762 | supervisor are in compliance with any applicable requirements |
763 | prescribed by rule of the department through the statewide voter |
764 | registration system or prescribed by for that county under the |
765 | Voting Rights Act of 1965, the National Voter Registration Act |
766 | of 1993, or the Help America Vote Act of 2002. |
767 | (11) Each supervisor shall ensure that any voter |
768 | registration system used by the supervisor for administering his |
769 | or her duties as a voter registration official complies with the |
770 | specifications and procedures established by rule of the |
771 | department and the statewide voter registration system Each |
772 | supervisor of elections shall forward to the property appraiser |
773 | for the county in which the homestead is claimed the name of the |
774 | person and the address of the homestead of each person who |
775 | registers to vote at an address other than that at which the |
776 | person claims a homestead exemption, as disclosed on the uniform |
777 | statewide voter registration application pursuant to s. 97.052. |
778 | (12) Each supervisor shall maintain a list of valid |
779 | residential street addresses for purposes of verifying the legal |
780 | addresses of voters residing in the supervisor's county. The |
781 | supervisor shall make all reasonable efforts to coordinate with |
782 | county 911 service providers, property appraisers, the United |
783 | States Postal Service, or other agencies as necessary to ensure |
784 | the continued accuracy of such list. The supervisor shall |
785 | provide the list of valid residential addresses to the statewide |
786 | voter registration system in the manner and frequency specified |
787 | by rule of the department. |
788 | Section 17. Section 98.035, Florida Statutes, is created |
789 | to read: |
790 | 98.035 Statewide voter registration system; |
791 | implementation, operation, and maintenance.-- |
792 | (1) The Secretary of State, as chief election officer of |
793 | the state, shall be responsible for implementing, operating, and |
794 | maintaining, in a uniform and nondiscriminatory manner, a |
795 | single, uniform, official, centralized, interactive, |
796 | computerized statewide voter registration system as required by |
797 | the Help America Vote Act of 2002. The department may adopt |
798 | rules to administer this section. |
799 | (2) The statewide voter registration system must contain |
800 | the name and registration information of every legally |
801 | registered voter in the state. All voters shall be assigned a |
802 | unique identifier. The system shall be the official list of |
803 | registered voters in the state and shall provide secured access |
804 | by authorized voter registration officials. The system shall |
805 | enable voter registration officials to provide, access, and |
806 | update voter registration information. |
807 | (3) The department may not contract with any other entity |
808 | for the operation of the statewide voter registration system. |
809 | (4) The implementation of the statewide voter registration |
810 | system shall not prevent any supervisor of elections from |
811 | acquiring, maintaining, or using any hardware or software |
812 | necessary or desirable to carry out the supervisor's |
813 | responsibilities related to the use of voter registration |
814 | information or the conduct of elections, provided that such |
815 | hardware or software does not conflict with the operation of the |
816 | statewide voter registration system. |
817 | (5) The department may adopt rules governing the access, |
818 | use, and operation of the statewide voter registration system to |
819 | ensure security, uniformity, and integrity of the system. |
820 | Section 18. Section 98.045, Florida Statutes, is amended |
821 | to read: |
822 | 98.045 Administration of voter registration.-- |
823 | (1) ELIGIBILITY OF APPLICANT.--The Each supervisor must |
824 | ensure that any eligible applicant for voter registration is |
825 | registered to vote and that each application for voter |
826 | registration is processed in accordance with law. The supervisor |
827 | shall determine whether a voter registration applicant is |
828 | ineligible based on any of the following: |
829 | (a) The failure to complete a voter registration |
830 | application as specified in s. 97.053. |
831 | (b) The applicant is deceased. |
832 | (c) The applicant has been convicted of a felony for which |
833 | his or her civil rights have not been restored. |
834 | (d) The applicant has been adjudicated mentally |
835 | incapacitated with respect to the right to vote and such right |
836 | has not been restored. |
837 | (e) The applicant does not meet the age requirement |
838 | pursuant to s. 97.041. |
839 | (f) The applicant is not a United States citizen. |
840 | (g) The applicant is a fictitious person. |
841 | (h) The applicant has provided an address of legal |
842 | residence that is not his or her legal residence. |
843 | (i) The applicant has provided a driver's license number, |
844 | Florida identification card number, or the last four digits of a |
845 | social security number that is not verifiable by the department. |
846 | (2) REMOVAL OF REGISTERED VOTERS.-- |
847 | (a) Once a voter is registered, the name of that voter may |
848 | not be removed from the statewide voter registration system |
849 | books except at the written request of the voter, by reason of |
850 | the voter's conviction of a felony or adjudication as mentally |
851 | incapacitated with respect to voting, by death of the voter, or |
852 | pursuant to a registration list maintenance program or other |
853 | registration list maintenance activity conducted pursuant to s. |
854 | 98.065 or, s. 98.075, or s. 98.0977. |
855 | (b)(2) Information received by a voter registration |
856 | official supervisor from an election official in another state |
857 | jurisdiction indicating that a registered voter in this state |
858 | the supervisor's county has registered to vote in that other |
859 | state jurisdiction shall be considered as a written request from |
860 | the voter to have the voter's name removed from the statewide |
861 | voter registration system books of the supervisor's county. |
862 | (3) PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding |
863 | the provisions of ss. 98.095 and 98.0977, Each supervisor shall |
864 | maintain for at least 2 years, and make available for public |
865 | inspection and copying, all records concerning implementation of |
866 | registration list maintenance programs and activities conducted |
867 | pursuant to ss. 98.065 and, 98.075, and 98.0977. The records |
868 | must include lists of the name and address of each person to |
869 | whom a an address confirmation final notice was sent and |
870 | information as to whether each such person responded to the |
871 | mailing, but may not include any information that is |
872 | confidential or exempt from public records requirements under |
873 | this code. |
874 | (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL |
875 | STREET ADDRESSES.-- |
876 | (a) The department shall compile and maintain a statewide |
877 | electronic database of valid residential street addresses from |
878 | the information provided by the supervisors of elections |
879 | pursuant to s. 98.015. The department shall evaluate the |
880 | information provided by the supervisors of elections to identify |
881 | any duplicate addresses and any address that may overlap county |
882 | boundaries. |
883 | (b) The department shall make the statewide database of |
884 | valid street addresses available to the Department of Highway |
885 | Safety and Motor Vehicles as provided in s. 97.057(10). The |
886 | Department of Highway Safety and Motor Vehicles shall use the |
887 | database for purposes of validating the legal residential |
888 | addresses provided in voter registration applications received |
889 | by the Department of Highway Safety and Motor Vehicles. |
890 | (5) FORMS.--The department may prescribe by rule forms |
891 | necessary to conduct maintenance of records in the statewide |
892 | voter registration system. |
893 | Section 19. Section 98.065, Florida Statutes, as amended |
894 | by section 6 of chapter 2002-281, Laws of Florida, is amended to |
895 | read: |
896 | 98.065 Registration list maintenance programs.-- |
897 | (1) The supervisor must conduct a general registration |
898 | list maintenance program to protect the integrity of the |
899 | electoral process by ensuring the maintenance of accurate and |
900 | current voter registration records in the statewide voter |
901 | registration system. The program must be uniform, |
902 | nondiscriminatory, and in compliance with the Voting Rights Act |
903 | of 1965, the National Voter Registration Act of 1993, and the |
904 | Help America Vote Act of 2002. As used in this subsection, the |
905 | term "nondiscriminatory" applies to and includes persons with |
906 | disabilities. |
907 | (2) A supervisor must incorporate one or more of the |
908 | following procedures in the supervisor's biennial registration |
909 | list maintenance program under which: |
910 | (a) Change-of-address information supplied by the United |
911 | States Postal Service through its licensees is used to identify |
912 | registered voters whose addresses might have changed; |
913 | (b) Change-of-address information is identified from |
914 | returned nonforwardable return-if-undeliverable mail sent to all |
915 | registered voters in the county; or |
916 | (c) Change-of-address information is identified from |
917 | returned nonforwardable return-if-undeliverable address |
918 | confirmation requests mailed to all registered voters who have |
919 | not voted in the last 2 years and who did not make a written |
920 | request that their registration records be updated during that |
921 | time. |
922 | (3) A registration list maintenance program must be |
923 | conducted by each supervisor, at a minimum, in each odd-numbered |
924 | year and must be completed not later than 90 days prior to the |
925 | date of any federal election. All list maintenance actions |
926 | associated with each voter must be entered, tracked, and |
927 | maintained in the statewide voter registration system. |
928 | (4)(a) If the supervisor receives change-of-address |
929 | information pursuant to the activities conducted in subsection |
930 | (2), from jury notices signed by the voter and returned to the |
931 | courts, from the Department of Highway Safety and Motor |
932 | Vehicles, or from other sources, which information indicates |
933 | that the legal address of a registered voter might have changed, |
934 | the supervisor shall send by forwardable return-if-undeliverable |
935 | mail an address confirmation notice to the address at which the |
936 | voter was last registered. A supervisor may also send an address |
937 | confirmation notice to any voter who the supervisor has reason |
938 | to believe has moved from his or her legal residence. |
939 | (b) The address confirmation notice shall contain a |
940 | postage prepaid preaddressed return form on which: |
941 | 1. If the voter has changed his or her address of legal |
942 | residence to a location outside the state, the voter shall mark |
943 | that the voter's legal residence has changed to a location |
944 | outside the state. The form shall also include information on |
945 | how to register in the new state in order to be eligible to |
946 | vote. The form must be returned within 30 days after the date of |
947 | the notice. The completed form shall constitute a request to be |
948 | removed from the statewide voter registration system. |
949 | 2. If the voter has changed his or her address of legal |
950 | residence to a location inside the state, the voter shall set |
951 | forth the updated or corrected address and submit the return |
952 | form within 30 days after the date of the notice. The completed |
953 | form shall constitute a request to update the statewide voter |
954 | registration system with the updated or corrected address |
955 | information. |
956 | 3. If the voter has not changed his or her address of |
957 | legal residence as printed on the address confirmation notice, |
958 | the voter shall confirm that his or her address of legal |
959 | residence has not changed and submit the form within 30 days |
960 | after the date of the notice. |
961 | (c) The supervisor must designate as inactive all voters |
962 | who have been sent an address confirmation notice and who have |
963 | not returned the postage prepaid preaddressed return form within |
964 | 30 days or for which an address confirmation notice has been |
965 | returned as undeliverable. Names on the inactive list may not be |
966 | used to calculate the number of signatures needed on any |
967 | petition. A voter on the inactive list may be restored to the |
968 | active list of voters upon the voter updating his or her |
969 | registration, requesting an absentee ballot, or appearing to |
970 | vote. However, if the voter does not update his or her voter |
971 | registration information, request an absentee ballot, or vote by |
972 | the second general election after being placed on the inactive |
973 | list, the voter's name shall be removed from the statewide voter |
974 | registration system and the voter shall be required to |
975 | reregister to have his or her name restored to the statewide |
976 | voter registration system. |
977 | (5) A notice may not be issued pursuant to this section |
978 | and a voter's name may not be removed from the statewide voter |
979 | registration system later than 90 days prior to the date of a |
980 | federal election. However, this section does not preclude the |
981 | removal of the name of a voter from the statewide voter |
982 | registration system at any time upon the voter's written |
983 | request, by reason of the voter's death, or upon a determination |
984 | of the voter's ineligibility as provided in s. 98.075(7). |
985 | (6)(a) No later than July 31 and January 31 of each year, |
986 | the supervisor must certify to the department the list |
987 | maintenance activities conducted during the first 6 months and |
988 | the second 6 months of the year, respectively, including the |
989 | number of address confirmation requests sent, the number of |
990 | voters designated as inactive, and the number of voters removed |
991 | from the statewide voter registration system. |
992 | (b) If, based on the certification provided pursuant to |
993 | paragraph (a), the department determines that a supervisor has |
994 | not conducted the list maintenance activities required by this |
995 | section, the department shall conduct the appropriate list |
996 | maintenance activities for that county. Failure to conduct list |
997 | maintenance activities as required in this section constitutes a |
998 | violation of s. 104.051. A voter's name may not be removed from |
999 | the registration books later than 90 days prior to the date of a |
1000 | federal election. However, nothing in this section shall |
1001 | preclude the removal of the name of a voter from the voter |
1002 | registration books, at any time and without prior notification, |
1003 | upon the written request of the voter, by reason of conviction |
1004 | of the voter of a felony, by reason of adjudication of the voter |
1005 | as mentally incapacitated with respect to voting, by reason of |
1006 | the death of the voter, or upon a determination of ineligibility |
1007 | as provided in s. 98.075(3). |
1008 | (4) If the supervisor receives change-of-address |
1009 | information from the United States Postal Service or its |
1010 | licensees or from jury notices signed by the voter and returned |
1011 | to the courts, which indicates that: |
1012 | (a) The voter has moved within the supervisor's county, |
1013 | the supervisor must change the registration records to show the |
1014 | new address and must send the voter a notice of the change by |
1015 | forwardable mail, including a postage prepaid preaddressed |
1016 | return form with which the voter may verify or correct the |
1017 | address information. |
1018 | (b) The voter has moved outside the supervisor's county, |
1019 | or contains no forwarding address, the supervisor shall send an |
1020 | address confirmation final notice and remove the name of the |
1021 | voter from the registration record if that voter did not: |
1022 | 1. Return the postage prepaid preaddressed return form; |
1023 | 2. Appear to vote; |
1024 | 3. Change the voter's registration; or |
1025 | 4. Request an absentee ballot |
1026 |
|
1027 | during the period beginning on the date when the address |
1028 | confirmation final notice was sent and ending on the day after |
1029 | the date of the second general election thereafter. |
1030 | (5) The supervisor must designate as inactive all voters |
1031 | who have been sent an address confirmation final notice and who |
1032 | have not returned the postage prepaid preaddressed return form |
1033 | within 30 days. A voter on the inactive list must be allowed to |
1034 | vote and to change the voter's name or address of legal |
1035 | residence at the polls pursuant to s. 101.045. Names on the |
1036 | inactive list may not be used to calculate the number of |
1037 | signatures needed on any petition or the quantity of voting |
1038 | equipment needed. |
1039 | Section 20. Section 98.075, Florida Statutes, is amended |
1040 | to read: |
1041 | (Substantial rewording of section. See |
1042 | s. 98.075, F.S., for present text.) |
1043 | 98.075 Registration records maintenance activities; |
1044 | ineligibility determinations.-- |
1045 | (1) MAINTENANCE OF RECORDS.--The department shall protect |
1046 | the integrity of the electoral process by ensuring the |
1047 | maintenance of accurate and current voter registration records. |
1048 | List maintenance activities must be uniform, nondiscriminatory, |
1049 | and in compliance with the Voting Rights Act of 1965, the |
1050 | National Voter Registration Act of 1993, and the Help America |
1051 | Vote Act of 2002. The department may adopt by rule uniform |
1052 | standards and procedures to interpret and administer this |
1053 | section. |
1054 | (2) DUPLICATE REGISTRATION.--The department shall identify |
1055 | those voters who are registered more than once or those |
1056 | applicants whose registration applications would result in |
1057 | duplicate registrations. The most recent application shall be |
1058 | deemed an update to the voter registration record. |
1059 | (3) DECEASED PERSONS.--The department shall identify those |
1060 | registered voters who are deceased by comparing information on |
1061 | the lists of deceased persons received from the Department of |
1062 | Health as provided in s. 98.093. Upon receipt of such |
1063 | information through the statewide voter registration system, the |
1064 | supervisor shall remove the name of the registered voter. |
1065 | (4) ADJUDICATION OF MENTAL INCAPACITY.--The department |
1066 | shall identify those registered voters who have been adjudicated |
1067 | mentally incapacitated with respect to voting and who have not |
1068 | had their voting rights restored by comparing information |
1069 | received from the clerk of the circuit court as provided in s. |
1070 | 98.093. The department shall review such information and make an |
1071 | initial determination as to whether the information is credible |
1072 | and reliable. If the department determines that the information |
1073 | is credible and reliable, the department shall notify the |
1074 | supervisor and provide a copy of the supporting documentation |
1075 | indicating the potential ineligibility of the voter to be |
1076 | registered. Upon receipt of the notice that the department has |
1077 | made a determination of initial credibility and reliability, the |
1078 | supervisor shall adhere to the procedures set forth in |
1079 | subsection (7) prior to the removal of a registered voter from |
1080 | the statewide voter registration system. |
1081 | (5) FELONY CONVICTION.--The department shall identify |
1082 | those registered voters who have been convicted of a felony and |
1083 | whose rights have not been restored by comparing information |
1084 | received from, but not limited to, a clerk of the circuit court, |
1085 | the Board of Executive Clemency, the Department of Corrections, |
1086 | the Department of Law Enforcement, or a United States Attorney's |
1087 | Office, as provided in s. 98.093. The department shall review |
1088 | such information and make an initial determination as to whether |
1089 | the information is credible and reliable. If the department |
1090 | determines that the information is credible and reliable, the |
1091 | department shall notify the supervisor and provide a copy of the |
1092 | supporting documentation indicating the potential ineligibility |
1093 | of the voter to be registered. Upon receipt of the notice that |
1094 | the department has made a determination of initial credibility |
1095 | and reliability, the supervisor shall adhere to the procedures |
1096 | set forth in subsection (7) prior to the removal of a registered |
1097 | voter's name from the statewide voter registration system. |
1098 | (6) OTHER BASES FOR INELIGIBILITY.--If the department or |
1099 | supervisor receives information other than from the sources |
1100 | identified in subsections (2)-(5) that a registered voter does |
1101 | not meet the age requirement pursuant to s. 97.041, is not a |
1102 | United States citizen, is a fictitious person, or has listed a |
1103 | residence that is not his or her legal residence, the supervisor |
1104 | shall adhere to the procedures set forth in subsection (7) prior |
1105 | to the removal of a registered voter's name from the statewide |
1106 | voter registration system. |
1107 | (7) PROCEDURES FOR REMOVAL.-- |
1108 | (a) If the supervisor receives notice or information |
1109 | pursuant to subsections (4)-(6), the supervisor of the county in |
1110 | which the voter is registered shall: |
1111 | 1. Notify the registered voter of his or her potential |
1112 | ineligibility by mail within 7 days after receipt of notice or |
1113 | information. The notice shall include: |
1114 | a. A statement of the basis for the registered voter's |
1115 | potential ineligibility and a copy of any documentation upon |
1116 | which the potential ineligibility is based. |
1117 | b. A statement that failure to respond within 30 days |
1118 | after receipt of the notice may result in a determination of |
1119 | ineligibility and in removal of the registered voter's name from |
1120 | the statewide voter registration system. |
1121 | c. A return form that requires the registered voter to |
1122 | admit or deny the accuracy of the information underlying the |
1123 | potential ineligibility for purposes of a final determination by |
1124 | the supervisor. |
1125 | d. A statement that, if the voter is denying the accuracy |
1126 | of the information underlying the potential ineligibility, the |
1127 | voter has a right to request a hearing for the purpose of |
1128 | determining eligibility. |
1129 | e. Instructions for the registered voter to contact the |
1130 | supervisor of elections of the county in which the voter is |
1131 | registered if assistance is needed in resolving the matter. |
1132 | f. Instructions for seeking restoration of civil rights |
1133 | following a felony conviction, if applicable. |
1134 | 2. If the mailed notice is returned as undeliverable, the |
1135 | supervisor shall publish notice once in a newspaper of general |
1136 | circulation in the county in which the voter was last |
1137 | registered. The notice shall contain the following: |
1138 | a. The voter's name and address. |
1139 | b. A statement that the voter is potentially ineligible to |
1140 | be registered to vote. |
1141 | c. A statement that failure to respond within 30 days |
1142 | after the notice is published may result in a determination of |
1143 | ineligibility by the supervisor and removal of the registered |
1144 | voter's name from the statewide voter registration system. |
1145 | d. An instruction for the voter to contact the supervisor |
1146 | no later than 30 days after the date of the published notice to |
1147 | receive information regarding the basis for the potential |
1148 | ineligibility and the procedure to resolve the matter. |
1149 | e. An instruction to the voter that, if further assistance |
1150 | is needed, the voter should contact the supervisor of elections |
1151 | of the county in which the voter is registered. |
1152 | 3. If a registered voter fails to respond to a notice |
1153 | pursuant to subparagraph 1. or subparagraph 2., the supervisor |
1154 | shall make a final determination of the voter's eligibility. If |
1155 | the supervisor determines that the voter is ineligible, the |
1156 | supervisor shall remove the name of the registered voter from |
1157 | the statewide voter registration system. The supervisor shall |
1158 | notify the registered voter of the supervisor's determination |
1159 | and action. |
1160 | 4. If a registered voter responds to the notice pursuant |
1161 | to subparagraph 1. or subparagraph 2. and admits the accuracy of |
1162 | the information underlying the potential ineligibility, the |
1163 | supervisor shall make a final determination of ineligibility and |
1164 | shall remove the voter's name from the statewide voter |
1165 | registration system. The supervisor shall notify the registered |
1166 | voter of the supervisor's determination and action. |
1167 | 5. If a registered voter responds to the notice issued |
1168 | pursuant to subparagraph 1. or subparagraph 2. and denies the |
1169 | accuracy of the information underlying the potential |
1170 | ineligibility but does not request a hearing, the supervisor |
1171 | shall review the evidence and make a final determination of |
1172 | eligibility. If such registered voter requests a hearing, the |
1173 | supervisor shall send notice to the registered voter to attend a |
1174 | hearing at a time and place specified in the notice. Upon |
1175 | hearing all evidence presented at the hearing, the supervisor |
1176 | shall make a determination of eligibility. If the supervisor |
1177 | determines that the registered voter is ineligible, the |
1178 | supervisor shall remove the voter's name from the statewide |
1179 | voter registration system and notify the registered voter of the |
1180 | supervisor's determination and action. |
1181 | (b) The following shall apply to this subsection: |
1182 | 1. All determinations of eligibility shall be based on a |
1183 | preponderance of the evidence. |
1184 | 2. All proceedings are exempt from the provisions of |
1185 | chapter 120. |
1186 | 3. Any notice shall be sent to the registered voter by |
1187 | certified mail, return receipt requested, or other means that |
1188 | provides a verification of receipt or shall be published in a |
1189 | newspaper of general circulation where the voter was last |
1190 | registered, whichever is applicable. |
1191 | 4. The supervisor shall remove the name of any registered |
1192 | voter from the statewide voter registration system only after |
1193 | the supervisor makes a final determination that the voter is |
1194 | ineligible to vote. |
1195 | 5. Any voter whose name has been removed from the |
1196 | statewide voter registration system pursuant to a determination |
1197 | of ineligibility may appeal that determination under the |
1198 | provisions of s. 98.0755. |
1199 | 6. Any voter whose name was removed from the statewide |
1200 | voter registration system on the basis of a determination of |
1201 | ineligibility who subsequently becomes eligible to vote must |
1202 | reregister in order to have his or her name restored to the |
1203 | statewide voter registration system. |
1204 | (8) CERTIFICATION.-- |
1205 | (a) No later than July 31 and January 31 of each year, the |
1206 | supervisor shall certify to the department the activities |
1207 | conducted pursuant to this section during the first 6 months and |
1208 | the second 6 months of the year, respectively. The certification |
1209 | shall include the number of persons to whom notices were sent |
1210 | pursuant to subsection (7), the number of persons who responded |
1211 | to the notices, the number of notices returned as undeliverable, |
1212 | the number of notices published in the newspaper, the number of |
1213 | hearings conducted, and the number of persons removed from the |
1214 | statewide voter registration systems and the reasons for such |
1215 | removals. |
1216 | (b) If, based on the certification provided pursuant to |
1217 | paragraph (a), the department determines that a supervisor has |
1218 | not satisfied the requirements of this section, the department |
1219 | shall satisfy the appropriate requirements for that county. |
1220 | Failure to satisfy the requirements of this section shall |
1221 | constitute a violation of s. 104.051. |
1222 | Section 21. Section 98.0755, Florida Statutes, is created |
1223 | to read: |
1224 | 98.0755 Appeal of determination of ineligibility.--Appeal |
1225 | of the supervisor's determination of ineligibility pursuant to |
1226 | s. 98.075(7) may be taken to the circuit court in and for the |
1227 | county where the person was registered. Notice of appeal must be |
1228 | filed within the time and in the manner provided by the Florida |
1229 | Rules of Appellate Procedure and acts as supersedeas. Trial in |
1230 | the circuit court is de novo and governed by the rules of that |
1231 | court. Unless the person can show that his or her name was |
1232 | erroneously or illegally removed from the statewide voter |
1233 | registration system, or that he or she is indigent, the person |
1234 | must bear the costs of the trial in the circuit court. |
1235 | Otherwise, the cost of the appeal must be paid by the supervisor |
1236 | of elections. |
1237 | Section 22. Section 98.077, Florida Statutes, is amended |
1238 | to read: |
1239 | 98.077 Update of voter signature.-- |
1240 | (1) A registered voter may update his or her signature on |
1241 | file in the statewide voter registration system at any time |
1242 | using a voter registration application submitted to a voter |
1243 | registration official. |
1244 | (2) The department and supervisors supervisor of elections |
1245 | shall include in any correspondence, other than postcard |
1246 | notifications and notices relating to eligibility, sent to a |
1247 | provide to each registered voter information regarding of the |
1248 | county the opportunity to update his or her signature on file at |
1249 | the supervisor's office by providing notification of the ability |
1250 | to do so in any correspondence, other than postcard |
1251 | notifications, sent to the voter. The notice shall advise when, |
1252 | where, and how to update the voter's signature and shall provide |
1253 | the voter information on how to obtain a voter registration |
1254 | application form from a voter registration official the |
1255 | supervisor that can be returned to update the signature. |
1256 | (3) In addition, At least once during each general |
1257 | election year, the supervisor shall publish in a newspaper of |
1258 | general circulation or other newspaper in the county deemed |
1259 | appropriate by the supervisor a notice specifying when, where, |
1260 | or how a voter can update his or her signature that is on file |
1261 | and or how a voter can obtain a voter registration application |
1262 | form from a voter registration official the supervisor to do so. |
1263 | (4) All signature updates for use in verifying absentee |
1264 | and provisional ballots must be received by the appropriate |
1265 | supervisor of elections no later than the start of the |
1266 | canvassing of absentee ballots by the canvassing board. The |
1267 | signature on file at the start of the canvass of the absentees |
1268 | is the signature that shall be used in verifying the signature |
1269 | on the absentee and provisional ballot certificates. |
1270 | Section 23. Section 98.081, Florida Statutes, is amended |
1271 | to read: |
1272 | 98.081 Names removed from the statewide voter registration |
1273 | system books; restrictions on reregistering; recordkeeping; |
1274 | restoration of erroneously or illegally removed names.-- |
1275 | (1) Any person who requested that his or her name be |
1276 | removed from the statewide voter registration system books |
1277 | between the book-closing date of the first primary and the date |
1278 | of the second primary may not register in a different political |
1279 | party until after the date of the second primary election. |
1280 | (2) When the name of any elector is removed from the |
1281 | statewide voter registration system books pursuant to s. 98.065 |
1282 | or, s. 98.075, or s. 98.093, the elector's original registration |
1283 | application form shall be retained by the supervisor of |
1284 | elections having custody of the application filed alphabetically |
1285 | in the office of the supervisor. As alternatives, registrations |
1286 | removed from the statewide voter registration system books may |
1287 | be microfilmed and such microfilms substituted for the original |
1288 | registration applications forms; or, when voter registration |
1289 | information, including the voter's signature, is maintained |
1290 | digitally or on electronic, magnetic, or optic media, such |
1291 | stored information may be substituted for the original |
1292 | registration application form. Such microfilms or stored |
1293 | information shall be retained by the supervisor of elections |
1294 | having in the custody of the supervisor. In the event the |
1295 | original registration applications forms are microfilmed or |
1296 | maintained digitally or on electronic or other media, such |
1297 | originals may be destroyed in accordance with the schedule |
1298 | approved by the Bureau of Archives and Records Management of the |
1299 | Division of Library and Information Services of the department. |
1300 | (3) When the name of any elector has been erroneously or |
1301 | illegally removed from the statewide voter registration system |
1302 | books, the name of the elector shall be restored by a voter |
1303 | registration official the supervisor upon satisfactory proof, |
1304 | even though the registration period for that election is closed. |
1305 | Section 24. Section 98.093, Florida Statutes, is amended |
1306 | to read: |
1307 | 98.093 Duty of officials to furnish lists of deceased |
1308 | persons, persons adjudicated mentally incapacitated, and persons |
1309 | convicted of a felony.-- |
1310 | (1) In order to ensure the maintenance of accurate and |
1311 | current voter registration records, it is necessary for the |
1312 | department to receive certain information from state and federal |
1313 | officials and entities. The department and supervisors of |
1314 | elections shall use the information provided from the sources in |
1315 | subsection (2) to maintain the voter registration records. |
1316 | (2) To the maximum extent feasible, state and local |
1317 | government agencies shall facilitate provision of information |
1318 | and access to data to the department, including, but not limited |
1319 | to, databases that contain reliable criminal records and records |
1320 | of deceased persons. State and local government agencies that |
1321 | provide such data shall do so without charge if the direct cost |
1322 | incurred by those agencies is not significant. |
1323 | (a) The Department of Health shall furnish monthly to the |
1324 | department each supervisor of elections a list containing the |
1325 | name, address, date of birth, date of death, social security |
1326 | number, race, and sex of each deceased person 17 years of age or |
1327 | older who was a resident of such supervisor's county. |
1328 | (b)(2) Each clerk of the circuit court shall furnish |
1329 | monthly to the department, at least once each month, deliver to |
1330 | each supervisor of elections a list of those persons who have |
1331 | been adjudicated mentally incapacitated with respect to voting |
1332 | during the preceding calendar month, a list of those persons |
1333 | whose mental capacity with respect to voting has been restored |
1334 | during the preceding calendar month, and a list of those persons |
1335 | who have returned signed jury notices during the preceding |
1336 | months to the clerk of the circuit court indicating a change of |
1337 | address. Each list shall include stating the name, address, date |
1338 | of birth, race, and sex, and, whichever is available, the |
1339 | Florida driver's license number, Florida identification card |
1340 | number, or social security number of each such person convicted |
1341 | of a felony during the preceding calendar month who was a |
1342 | resident of that supervisor's county, a list stating the name, |
1343 | address, date of birth, race, and sex of each person adjudicated |
1344 | mentally incapacitated with respect to voting during the |
1345 | preceding calendar month who was a resident of that supervisor's |
1346 | county, and a list stating the name, address, date of birth, |
1347 | race, and sex of each person whose mental capacity with respect |
1348 | to voting has been restored who was a resident of that |
1349 | supervisor's county. |
1350 | (c)(3) Upon receipt of information from the United States |
1351 | Attorney, listing persons convicted of a felony in federal |
1352 | court, the department shall use such information to identify |
1353 | registered voters or applicants for voter registration who may |
1354 | be potentially ineligible based on information provided in |
1355 | accordance with s. 98.075 immediately forward such information |
1356 | to the supervisor of elections for the county where the offender |
1357 | resides. |
1358 | (d) The Department of Law Enforcement shall furnish |
1359 | monthly to the department a list of those persons who have been |
1360 | convicted of a felony in the preceding month or any updates to |
1361 | prior records that have occurred in the preceding month. The |
1362 | list shall contain the name, address, date of birth, race, sex, |
1363 | date of conviction, county of conviction, and social security |
1364 | number and a unique identifier of each conviction of each |
1365 | person. |
1366 | (e) The Board of Executive Clemency shall furnish monthly |
1367 | to the department a list of those persons granted clemency in |
1368 | the preceding month or any updates to prior records that have |
1369 | occurred in the preceding month. The list shall contain the |
1370 | Board of Executive Clemency case number, name, address, date of |
1371 | birth, race, sex, social security number, if available, and |
1372 | references to record identifiers assigned by the Department of |
1373 | Corrections, a unique identifier of each clemency case, and the |
1374 | effective date of clemency of each person. |
1375 | (f) The Department of Corrections shall furnish monthly to |
1376 | the department a list of those persons transferred to the |
1377 | Department of Corrections in the preceding month or any updates |
1378 | to prior records that have occurred in the preceding month. The |
1379 | list shall contain the name, address, date of birth, race, sex, |
1380 | social security number, Department of Corrections record |
1381 | identification number, and associated Department of Law |
1382 | Enforcement felony conviction record number of each person. |
1383 | (g) The Department of Highway Safety and Motor Vehicles |
1384 | shall furnish monthly to the department a list of those persons |
1385 | whose names have been removed from the driver's license database |
1386 | because they have been licensed in another state. The list shall |
1387 | contain the name, address, date of birth, sex, social security |
1388 | number, and driver's license number of each such person. |
1389 | (4) Upon receipt of any such list, the supervisor shall |
1390 | remove from the registration books the name of any person listed |
1391 | who is deceased, convicted of a felony, or adjudicated mentally |
1392 | incapacitated with respect to voting. A person who has had his |
1393 | or her mental capacity with respect to voting restored or who |
1394 | has had his or her right to vote restored after conviction of a |
1395 | felony shall be required to reregister to have his or her name |
1396 | restored to the registration books. |
1397 | (3)(5) Nothing in this section shall limit or restrict the |
1398 | supervisor in his or her duty to remove the names of such |
1399 | persons from the statewide voter registration system pursuant to |
1400 | s. 98.075(7) based upon books after verification of information |
1401 | received from other sources. |
1402 | Section 25. Effective August 1, 2006, section 98.0981, |
1403 | Florida Statutes, is created to read: |
1404 | 98.0981 Statewide voter registration database.--The |
1405 | department shall send to the Legislature in electronic format a |
1406 | file containing all voters qualified to vote in an election. The |
1407 | file shall contain a unique identifier of the voter; the |
1408 | information requested in the uniform statewide voter |
1409 | registration application pursuant to s. 97.052(2), except for |
1410 | such information that is by statute specifically identified as |
1411 | confidential or exempt from public records requirements; the |
1412 | date of registration; the representative district, senatorial |
1413 | district, congressional district, and precinct in which the |
1414 | voter resides; and whether the voter voted at the poll, by |
1415 | absentee ballot, or by early vote at a designated location, or |
1416 | whether the voter did not vote. If a person voted by absentee |
1417 | ballot and the ballot was not counted, the file shall contain |
1418 | the reason, where possible, that the ballot was not counted. |
1419 | This file shall be delivered within 60 days after an election to |
1420 | the Legislature. |
1421 | Section 26. Section 98.212, Florida Statutes, is amended |
1422 | to read: |
1423 | 98.212 Department and supervisors to furnish statistical |
1424 | and other information.-- |
1425 | (1)(a) Upon written request, the department and any |
1426 | supervisor of the respective counties supervisors shall, as |
1427 | promptly as possible, furnish to recognized public or private |
1428 | universities and senior colleges within the state, to state or |
1429 | county governmental agencies, and to recognized political party |
1430 | committees statistical information for the purpose of analyzing |
1431 | election returns and results. |
1432 | (b) The department and any supervisor Supervisors may |
1433 | require reimbursement for any part or all of the actual expenses |
1434 | of supplying any information requested under paragraph (a). For |
1435 | the purposes of this subsection, the department and supervisors |
1436 | may use the services of any research and statistical personnel |
1437 | that may be supplied. |
1438 | (c) Lists of names submitted to the department and any |
1439 | supervisor of the respective counties supervisors for indication |
1440 | of registration or nonregistration or of party affiliation shall |
1441 | be processed at any time at cost, except that in no case shall |
1442 | the charge exceed 10 cents for each name on which the |
1443 | information is furnished. |
1444 | (2) The supervisors shall provide information as requested |
1445 | by the department for program evaluation and reporting to the |
1446 | Federal Election Assistance Commission pursuant to federal law |
1447 | the National Voter Registration Act of 1993. |
1448 | Section 27. Section 98.461, Florida Statutes, is amended |
1449 | to read: |
1450 | 98.461 Registration application form, precinct register; |
1451 | contents.-- |
1452 | (1) A registration application form, approved by the |
1453 | Department of State, containing the information required in s. |
1454 | 97.052 shall be retained by the supervisor of elections of the |
1455 | county of the applicant's registration filed alphabetically in |
1456 | the office of the supervisor as the master list of electors of |
1457 | the county. However, the registration application forms may be |
1458 | microfilmed and such microfilm microfilms substituted for the |
1459 | original registration application forms; or, when voter |
1460 | registration information, including the voter's signature, is |
1461 | maintained digitally or on electronic, magnetic, or optic media, |
1462 | such stored information may be substituted for the original |
1463 | registration application form. Such microfilms or stored |
1464 | information shall be retained in the custody of the supervisor |
1465 | of elections of the county of the applicant's registration. In |
1466 | the event the original registration applications forms are |
1467 | microfilmed or maintained digitally or on electronic or other |
1468 | media, such originals may be destroyed in accordance with the |
1469 | schedule approved by the Bureau of Archives and Records |
1470 | Management of the Division of Library and Information Services |
1471 | of the Department of State. As an alternative, the information |
1472 | from the registration form, including the signature, may be |
1473 | electronically reproduced and stored as provided in s. 98.451. |
1474 | (2) A computer printout or electronic database shall be |
1475 | used at the polls as a precinct register in lieu of the |
1476 | registration books. The precinct register shall contain the date |
1477 | of the election, the precinct number, and the following |
1478 | information concerning each registered elector: last name, first |
1479 | name, and middle name or initial, and suffix; party affiliation; |
1480 | residence address; registration number; date of birth; sex, if |
1481 | provided; race, if provided; whether the voter needs assistance |
1482 | in voting; and such other additional information as to readily |
1483 | identify the elector. The precinct register shall also contain a |
1484 | space for the elector's signature and a space for the initials |
1485 | of the witnessing clerk or inspector or an electronic device may |
1486 | be provided for this purpose. |
1487 | Section 28. Effective January 1, 2007, section 100.371, |
1488 | Florida Statutes, as amended by section 9 of chapter 2002-281, |
1489 | Laws of Florida, is amended to read: |
1490 | 100.371 Initiatives; procedure for placement on ballot.-- |
1491 | (1) Constitutional amendments proposed by initiative shall |
1492 | be placed on the ballot for the general election provided the |
1493 | initiative has been filed with occurring in excess of 90 days |
1494 | from the certification of ballot position by the Secretary of |
1495 | State no later than February 1 of the year the general election |
1496 | is held. A petition shall be deemed to be filed with the |
1497 | Secretary of State upon the date the secretary determines that |
1498 | the petition has been signed by the constitutionally required |
1499 | number of electors. |
1500 | (2) Such certification shall be issued when the Secretary |
1501 | of State has received verification certificates from the |
1502 | supervisors of elections indicating that the requisite number |
1503 | and distribution of valid signatures of electors have been |
1504 | submitted to and verified by the supervisors. Every signature |
1505 | shall be dated when made and shall be valid for a period of 4 |
1506 | years following such date, provided all other requirements of |
1507 | law are complied with. |
1508 | (2)(3) The sponsor of an initiative amendment shall, prior |
1509 | to obtaining any signatures, register as a political committee |
1510 | pursuant to s. 106.03 and submit the text of the proposed |
1511 | amendment to the Secretary of State, with the form on which the |
1512 | signatures will be affixed, and shall obtain the approval of the |
1513 | Secretary of State of such form. The Secretary of State shall |
1514 | adopt rules pursuant to s. 120.54 prescribing the style and |
1515 | requirements of such form. Upon filing with the Secretary of |
1516 | State, the text of the proposed amendment and all forms filed in |
1517 | connection with this section must, upon request, be made |
1518 | available in alternative formats. |
1519 | (3)(4) Each signature shall be dated when made and shall |
1520 | be valid for a period of 4 years following such date, provided |
1521 | all other requirements of law are met. The sponsor shall submit |
1522 | signed and dated forms to the appropriate supervisor of |
1523 | elections for verification as to the number of registered |
1524 | electors whose valid signatures appear thereon. The supervisor |
1525 | shall promptly verify the signatures upon payment of the fee |
1526 | required by s. 99.097. The supervisor shall promptly record each |
1527 | valid signature in the statewide voter registration system in |
1528 | the manner prescribed by the Secretary of State. The supervisor |
1529 | shall, upon request, advise the sponsor of an initiative of the |
1530 | number of signatures verified and recorded in the statewide |
1531 | voter registration system. Upon completion of verification, the |
1532 | supervisor shall execute a certificate indicating the total |
1533 | number of signatures checked, the number of signatures verified |
1534 | as valid and as being of registered electors, and the |
1535 | distribution by congressional district. This certificate shall |
1536 | be immediately transmitted to the Secretary of State. The |
1537 | supervisor shall retain the signature forms for at least 1 year |
1538 | following the election in which the issue appeared on the ballot |
1539 | or until the Division of Elections notifies the supervisors of |
1540 | elections that the committee which circulated the petition is no |
1541 | longer seeking to obtain ballot position. |
1542 | (4)(5) The Secretary of State shall determine from the |
1543 | signatures verified by the verification certificates received |
1544 | from supervisors of elections and recorded in the statewide |
1545 | voter registration system the total number of verified valid |
1546 | signatures and the distribution of such signatures by |
1547 | congressional districts. Upon a determination that the requisite |
1548 | number and distribution of valid signatures have been obtained, |
1549 | the secretary shall issue a certificate of ballot position for |
1550 | that proposed amendment and shall assign a designating number |
1551 | pursuant to s. 101.161. A petition shall be deemed to be filed |
1552 | with the Secretary of State upon the date of the receipt by the |
1553 | secretary of a certificate or certificates from supervisors of |
1554 | elections indicating the petition has been signed by the |
1555 | constitutionally required number of electors. |
1556 | (5)(6)(a) Within 45 days after receipt of a proposed |
1557 | revision or amendment to the State Constitution by initiative |
1558 | petition from the Secretary of State or, within 30 days after |
1559 | such receipt if receipt occurs 120 days or less before the |
1560 | election at which the question of ratifying the amendment will |
1561 | be presented, the Financial Impact Estimating Conference shall |
1562 | complete an analysis and financial impact statement to be placed |
1563 | on the ballot of the estimated increase or decrease in any |
1564 | revenues or costs to state or local governments resulting from |
1565 | the proposed initiative. The Financial Impact Estimating |
1566 | Conference shall submit the financial impact statement to the |
1567 | Attorney General and Secretary of State. |
1568 | (b)1. The Financial Impact Estimating Conference shall |
1569 | provide an opportunity for any proponents or opponents of the |
1570 | initiative to submit information and may solicit information or |
1571 | analysis from any other entities or agencies, including the |
1572 | Office of Economic and Demographic Research. All meetings of the |
1573 | Financial Impact Estimating Conference shall be open to the |
1574 | public as provided in chapter 286. |
1575 | 2. The Financial Impact Estimating Conference is |
1576 | established to review, analyze, and estimate the financial |
1577 | impact of amendments to or revisions of the State Constitution |
1578 | proposed by initiative. The Financial Impact Estimating |
1579 | Conference shall consist of four principals: one person from the |
1580 | Executive Office of the Governor; the coordinator of the Office |
1581 | of Economic and Demographic Research, or his or her designee; |
1582 | one person from the professional staff of the Senate; and one |
1583 | person from the professional staff of the House of |
1584 | Representatives. Each principal shall have appropriate fiscal |
1585 | expertise in the subject matter of the initiative. A Financial |
1586 | Impact Estimating Conference may be appointed for each |
1587 | initiative. |
1588 | 3. Principals of the Financial Impact Estimating |
1589 | Conference shall reach a consensus or majority concurrence on a |
1590 | clear and unambiguous financial impact statement, no more than |
1591 | 75 words in length, and immediately submit the statement to the |
1592 | Attorney General. Nothing in this subsection prohibits the |
1593 | Financial Impact Estimating Conference from setting forth a |
1594 | range of potential impacts in the financial impact statement. |
1595 | Any financial impact statement that a court finds not to be in |
1596 | accordance with this section shall be remanded solely to the |
1597 | Financial Impact Estimating Conference for redrafting. The |
1598 | Financial Impact Estimating Conference shall redraft the |
1599 | financial impact statement within 15 days. |
1600 | 4. If the members of the Financial Impact Estimating |
1601 | Conference are unable to agree on the statement required by this |
1602 | subsection, or if the Supreme Court has rejected the initial |
1603 | submission by the Financial Impact Estimating Conference and no |
1604 | redraft has been approved by the Supreme Court by 5 p.m. on the |
1605 | 75th day before the election, the following statement shall |
1606 | appear on the ballot pursuant to s. 101.161(1): "The financial |
1607 | impact of this measure, if any, cannot be reasonably determined |
1608 | at this time." |
1609 | (c) The financial impact statement must be separately |
1610 | contained and be set forth after the ballot summary as required |
1611 | in s. 101.161(1). |
1612 | (d)1. Any financial impact statement that the Supreme |
1613 | Court finds not to be in accordance with this subsection shall |
1614 | be remanded solely to the Financial Impact Estimating Conference |
1615 | for redrafting, provided the court's advisory opinion is |
1616 | rendered at least 75 days before the election at which the |
1617 | question of ratifying the amendment will be presented. The |
1618 | Financial Impact Estimating Conference shall prepare and adopt a |
1619 | revised financial impact statement no later than 5 p.m. on the |
1620 | 15th day after the date of the court's opinion. |
1621 | 2. If, by 5 p.m. on the 75th day before the election, the |
1622 | Supreme Court has not issued an advisory opinion on the initial |
1623 | financial impact statement prepared by the Financial Impact |
1624 | Estimating Conference for an initiative amendment that otherwise |
1625 | meets the legal requirements for ballot placement, the financial |
1626 | impact statement shall be deemed approved for placement on the |
1627 | ballot. |
1628 | 3. In addition to the financial impact statement required |
1629 | by this subsection, the Financial Impact Estimating Conference |
1630 | shall draft an initiative financial information statement. The |
1631 | initiative financial information statement should describe in |
1632 | greater detail than the financial impact statement any projected |
1633 | increase or decrease in revenues or costs that the state or |
1634 | local governments would likely experience if the ballot measure |
1635 | were approved. If appropriate, the initiative financial |
1636 | information statement may include both estimated dollar amounts |
1637 | and a description placing the estimated dollar amounts into |
1638 | context. The initiative financial information statement must |
1639 | include both a summary of not more than 500 words and additional |
1640 | detailed information that includes the assumptions that were |
1641 | made to develop the financial impacts, workpapers, and any other |
1642 | information deemed relevant by the Financial Impact Estimating |
1643 | Conference. |
1644 | 4. The Department of State shall have printed, and shall |
1645 | furnish to each supervisor of elections, a copy of the summary |
1646 | from the initiative financial information statements. The |
1647 | supervisors shall have the summary from the initiative financial |
1648 | information statements available at each polling place and at |
1649 | the main office of the supervisor of elections upon request. |
1650 | 5. The Secretary of State and the Office of Economic and |
1651 | Demographic Research shall make available on the Internet each |
1652 | initiative financial information statement in its entirety. In |
1653 | addition, each supervisor of elections whose office has a |
1654 | website shall post the summary from each initiative financial |
1655 | information statement on the website. Each supervisor shall |
1656 | include the Internet addresses for the information statements on |
1657 | the Secretary of State's and the Office of Economic and |
1658 | Demographic Research's websites in the publication or mailing |
1659 | required by s. 101.20. |
1660 | (6)(7) The Department of State may adopt rules in |
1661 | accordance with s. 120.54 to carry out the provisions of |
1662 | subsections (1)-(5)(6). |
1663 | Section 29. Effective August 1, 2006, subsection (3) of |
1664 | section 101.001, Florida Statutes, is amended to read: |
1665 | 101.001 Precincts and polling places; boundaries.-- |
1666 | (3) Each supervisor of elections shall maintain a suitable |
1667 | map drawn to a scale no smaller than 3 miles to the inch and |
1668 | clearly delineating all major observable features such as roads, |
1669 | streams, and railway lines and showing the current geographical |
1670 | boundaries of each precinct, representative district, and |
1671 | senatorial district, and other type of district in the county |
1672 | subject to the elections process in this code. On maps of new |
1673 | precincts, a delineation of area shall also be included for each |
1674 | precinct employing the official census county divisions, tracts, |
1675 | block numbering areas, block groups, and blocks used by the |
1676 | United States Department of Commerce, Bureau of the Census, and |
1677 | adopted by the state for the delineation of representative |
1678 | districts pursuant to s. 10.00001. The supervisor of elections |
1679 | shall notify the Secretary of State in writing within 30 days |
1680 | after of any new reorganization of precincts and shall furnish a |
1681 | copy of the map showing the current geographical boundaries and |
1682 | designation of each new precinct and a delineation of the census |
1683 | blocks included in each precinct. Until January 1, 2012, any |
1684 | supervisor may apply for and obtain from the Secretary of State |
1685 | a waiver of the requirement to delineate precincts by census |
1686 | geography. |
1687 | Section 30. Subsections (1) and (3) of section 101.043, |
1688 | Florida Statutes, are amended to read: |
1689 | 101.043 Identification required at polls.-- |
1690 | (1) The precinct register, as prescribed in s. 98.461, |
1691 | shall be used at the polls in lieu of the registration books for |
1692 | the purpose of identifying the elector at the polls prior to |
1693 | allowing him or her to vote. The clerk or inspector shall |
1694 | require each elector, upon entering the polling place, to |
1695 | present one of the following a current and valid picture |
1696 | identifications: |
1697 | (a) Florida driver's license. |
1698 | (b) Florida identification card issued by the Department |
1699 | of Highway Safety and Motor Vehicles. |
1700 | (c) United States passport. |
1701 | (d) Employee badge or identification. |
1702 | (e) Buyer's club identification. |
1703 | (f) Debit or credit card. |
1704 | (g) Military identification. |
1705 | (h) Student identification. |
1706 | (i) Retirement center identification. |
1707 | (j) Neighborhood association identification. |
1708 | (k) Public assistance identification as provided in s. |
1709 | 97.0535(3)(a). |
1710 |
|
1711 | If the picture identification does not contain the signature of |
1712 | the voter, an additional identification that provides the |
1713 | voter's signature shall be required. The elector shall sign his |
1714 | or her name in the space provided on the precinct register or on |
1715 | an electronic device provided for recording the voter's |
1716 | signature., and The clerk or inspector shall compare the |
1717 | signature with that on the identification provided by the |
1718 | elector and enter his or her initials in the space provided on |
1719 | the precinct register or on an electronic device provided for |
1720 | that purpose and allow the elector to vote if the clerk or |
1721 | inspector is satisfied as to the identity of the elector. |
1722 | (3) If the elector who fails to furnish the required |
1723 | identification is an elector subject to s. 97.0535 a first-time |
1724 | voter who registered by mail and has not provided the required |
1725 | identification to a voter registration official the supervisor |
1726 | of elections prior to election day, the elector shall be allowed |
1727 | to vote a provisional ballot. The canvassing board shall |
1728 | determine the validity of the ballot pursuant to s. 101.048(2). |
1729 | Section 31. Subsections (2) and (3) of section 101.045, |
1730 | Florida Statutes, are amended to read: |
1731 | 101.045 Electors must be registered in precinct; |
1732 | provisions for residence or name change.-- |
1733 | (2)(a) An elector who moves from the precinct within the |
1734 | county in which the elector is registered may be permitted to |
1735 | vote in the precinct to which he or she has moved his or her |
1736 | legal residence, provided such elector completes an affirmation |
1737 | in substantially the following form: |
1738 |
|
1739 | Change of Legal Residence of Registered |
1740 | Voter |
1741 |
|
1742 | Under penalties for false swearing, I, (Name of voter) , |
1743 | swear (or affirm) that the former address of my legal residence |
1744 | was (Address of legal residence) in the municipality of |
1745 | _____, in _____ County, Florida, and I was registered to vote in |
1746 | the _____ precinct of _____ County, Florida; that I have not |
1747 | voted in the precinct of my former registration in this |
1748 | election; that I now reside at (Address of legal residence) |
1749 | in the Municipality of _____, in _____ County, Florida, and am |
1750 | therefore eligible to vote in the _____ precinct of _____ |
1751 | County, Florida; and I further swear (or affirm) that I am |
1752 | otherwise legally registered and entitled to vote. |
1753 |
|
1754 | (Signature of voter whose address of legal residence has |
1755 | changed) |
1756 |
|
1757 | (b) An elector whose name changes because of marriage or |
1758 | other legal process may be permitted to vote, provided such |
1759 | elector completes an affirmation in substantially the following |
1760 | form: |
1761 |
|
1762 | Change of Name of Registered |
1763 | Voter |
1764 |
|
1765 | Under penalties for false swearing, I, (New name of voter) , |
1766 | swear (or affirm) that my name has been changed because of |
1767 | marriage or other legal process. My former name and address of |
1768 | legal residence appear on the registration records books of |
1769 | precinct _____ as follows: |
1770 | Name |
1771 | Address |
1772 | Municipality |
1773 | County |
1774 | Florida, Zip |
1775 | My present name and address of legal residence are as follows: |
1776 | Name |
1777 | Address |
1778 | Municipality |
1779 | County |
1780 | Florida, Zip |
1781 | and I further swear (or affirm) that I am otherwise legally |
1782 | registered and entitled to vote. |
1783 |
|
1784 | (Signature of voter whose name has changed) |
1785 |
|
1786 | (c) Such affirmation, when completed and presented at the |
1787 | precinct in which such elector is entitled to vote, and upon |
1788 | verification of the elector's registration, shall entitle such |
1789 | elector to vote as provided in this subsection. If the elector's |
1790 | eligibility to vote cannot be determined, he or she shall be |
1791 | entitled to vote a provisional ballot, subject to the |
1792 | requirements and procedures in s. 101.048. Upon receipt of an |
1793 | affirmation certifying a change in address of legal residence or |
1794 | name, the supervisor shall as soon as practicable make the |
1795 | necessary changes in the statewide voter registration system |
1796 | records of the county to indicate the change in address of legal |
1797 | residence or name of such elector. |
1798 | (d) Instead of the affirmation contained in paragraph (a) |
1799 | or paragraph (b), an elector may complete a voter registration |
1800 | application that indicates the change of name or change of |
1801 | address of legal residence. |
1802 | (e) A request for an absentee ballot pursuant to s. 101.62 |
1803 | which indicates that the elector has had a change of address of |
1804 | legal residence from that in the supervisor's records shall be |
1805 | sufficient as the notice to the supervisor of change of address |
1806 | of legal residence required by this section. Upon receipt of |
1807 | such request for an absentee ballot from an elector who has |
1808 | changed his or her address of legal residence, the supervisor |
1809 | shall provide the elector with the proper ballot for the |
1810 | precinct in which the elector then has his or her legal |
1811 | residence. |
1812 | (3) When an elector's name does not appear on the |
1813 | registration books of the election precinct in which the elector |
1814 | is registered, the elector may have his or her name restored if |
1815 | the supervisor is otherwise satisfied that the elector is |
1816 | validly registered, that the elector's name has been erroneously |
1817 | omitted from the books, and that the elector is entitled to have |
1818 | his or her name restored. The supervisor, if he or she is |
1819 | satisfied as to the elector's previous registration, shall allow |
1820 | such person to vote and shall thereafter issue a duplicate |
1821 | registration identification card. |
1822 | Section 32. Subsection (1) of section 101.048, Florida |
1823 | Statutes, is amended to read: |
1824 | 101.048 Provisional ballots.-- |
1825 | (1) At all elections, a voter claiming to be properly |
1826 | registered in the state county and eligible to vote at the |
1827 | precinct in the election, but whose eligibility cannot be |
1828 | determined, and other persons specified in the code shall be |
1829 | entitled to vote a provisional ballot. Once voted, the |
1830 | provisional ballot shall be placed in a secrecy envelope and |
1831 | thereafter sealed in a provisional ballot envelope. The |
1832 | provisional ballot shall be deposited in a ballot box. All |
1833 | provisional ballots shall remain sealed in their envelopes for |
1834 | return to the supervisor of elections. The department shall |
1835 | prescribe the form of the provisional ballot envelope. |
1836 | Section 33. Effective January 1, 2007, subsection (1) of |
1837 | section 101.161, Florida Statutes, is amended to read: |
1838 | 101.161 Referenda; ballots.-- |
1839 | (1) Whenever a constitutional amendment or other public |
1840 | measure is submitted to the vote of the people, the substance of |
1841 | such amendment or other public measure shall be printed in clear |
1842 | and unambiguous language on the ballot after the list of |
1843 | candidates, followed by the word "yes" and also by the word |
1844 | "no," and shall be styled in such a manner that a "yes" vote |
1845 | will indicate approval of the proposal and a "no" vote will |
1846 | indicate rejection. The wording of the substance of the |
1847 | amendment or other public measure and the ballot title to appear |
1848 | on the ballot shall be embodied in the joint resolution, |
1849 | constitutional revision commission proposal, constitutional |
1850 | convention proposal, taxation and budget reform commission |
1851 | proposal, or enabling resolution or ordinance. Except for |
1852 | amendments and ballot language proposed by joint resolution, the |
1853 | substance of the amendment or other public measure shall be an |
1854 | explanatory statement, not exceeding 75 words in length, of the |
1855 | chief purpose of the measure. In addition, for every amendment |
1856 | proposed by initiative, the ballot shall include, following the |
1857 | ballot summary, a separate financial impact statement concerning |
1858 | the measure prepared by the Financial Impact Estimating |
1859 | Conference in accordance with s. 100.371(5)(6). The ballot title |
1860 | shall consist of a caption, not exceeding 15 words in length, by |
1861 | which the measure is commonly referred to or spoken of. |
1862 | Section 34. Subsection (2) of section 101.56062, Florida |
1863 | Statutes, as created by section 12 of chapter 2002-281, Laws of |
1864 | Florida, is amended to read: |
1865 | 101.56062 Standards for accessible voting systems.-- |
1866 | (2) Such voting system must include at least one |
1867 | accessible voter interface device installed in each polling |
1868 | place precinct which meets the requirements of this section, |
1869 | except for paragraph (1)(d). |
1870 | Section 35. Subsection (1) of section 101.5608, Florida |
1871 | Statutes, is amended to read: |
1872 | 101.5608 Voting by electronic or electromechanical method; |
1873 | procedures.-- |
1874 | (1) Each elector desiring to vote shall be identified to |
1875 | the clerk or inspector of the election as a duly qualified |
1876 | elector of such election and shall sign his or her name on the |
1877 | in ink or indelible pencil to an identification blank, signature |
1878 | slip, precinct register, or other form or device provided by the |
1879 | supervisor ballot stub on which the ballot serial number may be |
1880 | recorded. The inspector shall compare the signature with the |
1881 | signature on the identification provided by the elector. If the |
1882 | inspector is reasonably sure that the person is entitled to |
1883 | vote, the inspector shall provide the person with a ballot. |
1884 | Section 36. Effective August 1, 2006, section 101.573, |
1885 | Florida Statutes, is created to read: |
1886 | 101.573 Record of votes by precinct.-- |
1887 | (1) Within 75 days after the date of a municipal election |
1888 | or runoff, whichever occurs later, a presidential preference |
1889 | primary, or a general election, the supervisor of elections |
1890 | shall file with the Department of State precinct-level election |
1891 | results for that election cycle, including any primary |
1892 | elections. Precinct-level election results shall record for each |
1893 | precinct the returns of ballots cast at the precinct location to |
1894 | which have been added the returns of absentee and early ballots |
1895 | cast by voters registered in the precinct. |
1896 | (2) The Department of State shall adopt rules pursuant to |
1897 | ss. 120.536(1) and 120.54 prescribing the form by which |
1898 | supervisors of elections shall submit election results for each |
1899 | precinct. |
1900 | Section 37. Effective January 1, 2007, paragraph (a) of |
1901 | subsection (4) of section 101.62, Florida Statutes, is amended |
1902 | to read: |
1903 | 101.62 Request for absentee ballots.-- |
1904 | (4)(a) To each absent qualified elector overseas who has |
1905 | requested an absentee ballot, the supervisor of elections shall, |
1906 | not fewer than 35 days before the first primary election, mail |
1907 | an absentee ballot. Not fewer than 45 days before the second |
1908 | primary and general election, the supervisor of elections shall |
1909 | mail an advance absentee ballot to those persons requesting |
1910 | ballots for such elections. The advance absentee ballot for the |
1911 | second primary shall be the same as the first primary absentee |
1912 | ballot as to the names of candidates, except that for any |
1913 | offices where there are only two candidates, those offices and |
1914 | all political party executive committee offices shall be |
1915 | omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6), |
1916 | the advance absentee ballot for the general election shall be as |
1917 | specified in s. 101.151, except that in the case of candidates |
1918 | of political parties where nominations were not made in the |
1919 | first primary, the names of the candidates placing first and |
1920 | second in the first primary election shall be printed on the |
1921 | advance absentee ballot. The advance absentee ballot or advance |
1922 | absentee ballot information booklet shall be of a different |
1923 | color for each election and also a different color from the |
1924 | absentee ballots for the first primary, second primary, and |
1925 | general election. The supervisor shall mail an advance absentee |
1926 | ballot for the second primary and general election to each |
1927 | qualified absent elector for whom a request is received until |
1928 | the absentee ballots are printed. The supervisor shall enclose |
1929 | with the advance second primary absentee ballot and advance |
1930 | general election absentee ballot an explanation stating that the |
1931 | absentee ballot for the election will be mailed as soon as it is |
1932 | printed; and, if both the advance absentee ballot and the |
1933 | absentee ballot for the election are returned in time to be |
1934 | counted, only the absentee ballot will be counted. The |
1935 | Department of State may prescribe by rule the requirements for |
1936 | preparing and mailing absentee ballots to absent qualified |
1937 | electors overseas. |
1938 | Section 38. Subsection (3) is added to section 101.64, |
1939 | Florida Statutes, to read: |
1940 | 101.64 Delivery of absentee ballots; envelopes; form.-- |
1941 | (3) The supervisor shall mark, code, indicate on, or |
1942 | otherwise track the precinct of the absent elector for each |
1943 | absentee ballot. |
1944 | Section 39. Paragraph (a) of subsection (1) of section |
1945 | 101.657, Florida Statutes, is amended to read: |
1946 | 101.657 Early voting.-- |
1947 | (1)(a) The supervisor of elections shall allow an elector |
1948 | to vote early in the main or branch office of the supervisor by |
1949 | depositing the voted ballot in a voting device used by the |
1950 | supervisor to collect or tabulate ballots. The supervisor shall |
1951 | mark, code, indicate on, or otherwise track the voter's precinct |
1952 | for each early voted ballot. In order for a branch office to be |
1953 | used for early voting, it shall be a full-service facility of |
1954 | the supervisor and shall have been designated as such at least 1 |
1955 | year prior to the election. The supervisor may designate any |
1956 | city hall or public library as early voting sites; however, if |
1957 | so designated, the sites must be geographically located so as to |
1958 | provide all voters in the county an equal opportunity to cast a |
1959 | ballot, insofar as is practicable. The results or tabulation may |
1960 | not be made before the close of the polls on election day. |
1961 | Section 40. Section 101.663, Florida Statutes, is amended |
1962 | to read: |
1963 | 101.663 Electors; change of residence to another state.-- |
1964 | (1) An elector who changes his or her residence to another |
1965 | county in Florida from the county in Florida in which he or she |
1966 | is registered as an elector after the books in the county to |
1967 | which the elector has changed his or her residence are closed |
1968 | for any general, primary, or special election shall be permitted |
1969 | to vote absentee in the county of his or her former residence in |
1970 | that election for President and Vice President, United States |
1971 | Senator, statewide offices, and statewide issues. Such person |
1972 | shall not be permitted to vote in the county of the person's |
1973 | former residence after the general election. |
1974 | (2) An elector registered in this state who moves his or |
1975 | her permanent residence to another state and who is prohibited |
1976 | by the laws of that state from voting for the offices of |
1977 | President and Vice President of the United States shall be |
1978 | permitted to vote absentee in the county of his or her former |
1979 | residence for those offices. |
1980 | Section 41. Subsection (1) of section 101.6921, Florida |
1981 | Statutes, is amended to read: |
1982 | 101.6921 Delivery of special absentee ballot to certain |
1983 | first-time voters.-- |
1984 | (1) The provisions of this section apply to voters who are |
1985 | subject to the provisions of s. 97.0535 registered to vote by |
1986 | mail, who have not previously voted in the county, and who have |
1987 | not provided the identification or certification required by s. |
1988 | 97.0535 by the time the absentee ballot is mailed. |
1989 | Section 42. Section 101.6923, Florida Statutes, is amended |
1990 | to read: |
1991 | 101.6923 Special absentee ballot instructions for certain |
1992 | first-time voters.-- |
1993 | (1) The provisions of this section apply to voters who are |
1994 | subject to the provisions of s. 97.0535 registered to vote by |
1995 | mail, who have not previously voted in the county, and who have |
1996 | not provided the identification or information required by s. |
1997 | 97.0535 by the time the absentee ballot is mailed. |
1998 | (2) A voter covered by this section shall be provided with |
1999 | the following printed instructions with his or her absentee |
2000 | ballot in substantially the following form: |
2001 |
|
2002 | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR |
2003 | BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE |
2004 | YOUR BALLOT NOT TO COUNT. |
2005 |
|
2006 | 1. In order to ensure that your absentee ballot will be |
2007 | counted, it should be completed and returned as soon as possible |
2008 | so that it can reach the supervisor of elections of the county |
2009 | in which your precinct is located no later than 7 p.m. on the |
2010 | date of the election. |
2011 | 2. Mark your ballot in secret as instructed on the ballot. |
2012 | You must mark your own ballot unless you are unable to do so |
2013 | because of blindness, disability, or inability to read or write. |
2014 | 3. Mark only the number of candidates or issue choices for |
2015 | a race as indicated on the ballot. If you are allowed to "Vote |
2016 | for One" candidate and you vote for more than one, your vote in |
2017 | that race will not be counted. |
2018 | 4. Place your marked ballot in the enclosed secrecy |
2019 | envelope and seal the envelope. |
2020 | 5. Insert the secrecy envelope into the enclosed envelope |
2021 | bearing the Voter's Certificate. Seal the envelope and |
2022 | completely fill out the Voter's Certificate on the back of the |
2023 | envelope. |
2024 | a. You must sign your name on the line above (Voter's |
2025 | Signature). |
2026 | b. If you are an overseas voter, you must include the date |
2027 | you signed the Voter's Certificate on the line above (Date) or |
2028 | your ballot may not be counted. |
2029 | 6. Unless you meet one of the exemptions in Item 7., you |
2030 | must make a copy of one of the following forms of |
2031 | identification: |
2032 | a. Identification which must include your name and |
2033 | photograph: current and valid Florida driver's license; Florida |
2034 | identification card issued by the Department of Highway Safety |
2035 | and Motor Vehicles; United States passport; employee badge or |
2036 | identification; buyer's club identification card; debit or |
2037 | credit card; military identification; student identification; |
2038 | retirement center identification; neighborhood association |
2039 | identification; entertainment identification; or public |
2040 | assistance identification; or |
2041 | b. Identification which shows your name and current |
2042 | residence address: current utility bill, bank statement, |
2043 | government check, paycheck, or government document (excluding |
2044 | voter identification card). |
2045 | 7. The identification requirements of Item 6. do not apply |
2046 | if you meet one of the following requirements: |
2047 | a. You are 65 years of age or older. |
2048 | b. You have a temporary or permanent physical disability. |
2049 | c. You are a member of a uniformed service on active duty |
2050 | who, by reason of such active duty, will be absent from the |
2051 | county on election day. |
2052 | d. You are a member of the Merchant Marine who, by reason |
2053 | of service in the Merchant Marine, will be absent from the |
2054 | county on election day. |
2055 | e. You are the spouse or dependent of a member referred to |
2056 | in paragraph c. or paragraph d. who, by reason of the active |
2057 | duty or service of the member, will be absent from the county on |
2058 | election day. |
2059 | f. You are currently residing outside the United States. |
2060 | 8. Place the envelope bearing the Voter's Certificate into |
2061 | the mailing envelope addressed to the supervisor. Insert a copy |
2062 | of your identification in the mailing envelope. DO NOT PUT YOUR |
2063 | IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR |
2064 | INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR |
2065 | BALLOT WILL NOT COUNT. |
2066 | 9. Mail, deliver, or have delivered the completed mailing |
2067 | envelope. Be sure there is sufficient postage if mailed. |
2068 | 10. FELONY NOTICE. It is a felony under Florida law to |
2069 | accept any gift, payment, or gratuity in exchange for your vote |
2070 | for a candidate. It is also a felony under Florida law to vote |
2071 | in an election using a false identity or false address, or under |
2072 | any other circumstances making your ballot false or fraudulent. |
2073 | Section 43. Subsection (3) of section 102.012, Florida |
2074 | Statutes, is amended to read: |
2075 | 102.012 Inspectors and clerks to conduct elections.-- |
2076 | (3) The supervisor shall furnish inspectors of election |
2077 | for each precinct with the list of registered electors for that |
2078 | precinct registration books divided alphabetically as will best |
2079 | facilitate the holding of an election. The supervisor shall also |
2080 | furnish to the inspectors of election at the polling place at |
2081 | each precinct in the supervisor's county a sufficient number of |
2082 | forms and blanks for use on election day. |
2083 | Section 44. Subsections (1), (2), and (3) of section |
2084 | 104.013, Florida Statutes, are amended to read: |
2085 | 104.013 Unauthorized use, possession, or destruction of |
2086 | voter information registration identification card.-- |
2087 | (1) It is unlawful for any person knowingly to have in his |
2088 | or her possession any blank, forged, stolen, fictitious, |
2089 | counterfeit, or unlawfully issued voter information registration |
2090 | identification card unless possession by such person has been |
2091 | duly authorized by the supervisor. |
2092 | (2) It is unlawful for any person to barter, trade, sell, |
2093 | or give away a voter information registration identification |
2094 | card unless said person has been duly authorized to issue a |
2095 | voter information registration identification card. |
2096 | (3) It is unlawful for any person willfully to destroy or |
2097 | deface the information registration identification card of a |
2098 | duly registered voter. |
2099 | Section 45. Section 196.141, Florida Statutes, is amended |
2100 | to read: |
2101 | 196.141 Homestead exemptions; duty of property |
2102 | appraiser.-- |
2103 | (1) The property appraiser shall examine each claim for |
2104 | exemption filed with or referred to him or her and shall allow |
2105 | the same, if found to be in accordance with law, by marking the |
2106 | same approved and by making the proper deductions on the tax |
2107 | books. |
2108 | (2) The property appraiser shall examine each referral, of |
2109 | a person registering to vote at an address different from the |
2110 | one where the person has filed for a homestead exemption, which |
2111 | has been provided by a supervisor of elections pursuant to s. |
2112 | 98.015. The property appraiser shall initiate procedures to |
2113 | terminate a person's homestead exemption and assess back taxes, |
2114 | if appropriate, if the person claiming such exemption is not |
2115 | entitled to the exemption under law. |
2116 | Section 46. Paragraph (b) of subsection (4) of section |
2117 | 120.54, Florida Statutes, is amended to read: |
2118 | 120.54 Rulemaking.-- |
2119 | (4) EMERGENCY RULES.-- |
2120 | (b) Rules pertaining to the public health, safety, or |
2121 | welfare shall include rules pertaining to perishable |
2122 | agricultural commodities or rules pertaining to the |
2123 | interpretation and implementation of the requirements of |
2124 | chapters 97 through 102 and 105 of the Florida Election Code |
2125 | which are filed when not more than 60 days remain before an |
2126 | election as defined in s. 97.021 or which are filed during the |
2127 | time period after the election and before certification of the |
2128 | election pursuant to s. 102.112 or s. 102.121. |
2129 | Section 47. Sections 98.055, 98.095, 98.0977, 98.0979, |
2130 | 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida |
2131 | Statutes, are repealed. |
2132 | Section 48. Except as otherwise provided herein, this act |
2133 | shall take effect January 1, 2006. |
2134 |
|
2135 | ================= T I T L E A M E N D M E N T ================= |
2136 | Remove the entire title and insert: |
2137 | A bill to be entitled |
2138 | An act relating to elections; amending s. 97.012, F.S.; |
2139 | revising the duties of the Secretary of State and the |
2140 | Department of State relating to election laws; providing |
2141 | for rulemaking; authorizing the Secretary of State to |
2142 | delegate voter registration and records maintenance duties |
2143 | to voter registration officials; providing that the |
2144 | secretary has a duty to bring legal action to enforce the |
2145 | performance of county supervisors of elections or other |
2146 | officials performing duties relating to the Florida |
2147 | Election Code; providing a prerequisite to bringing such |
2148 | an action; providing venue; requiring that courts give |
2149 | priority to such an action; providing penalties; providing |
2150 | for the adoption of rules; amending s. 97.021, F.S.; |
2151 | revising and providing definitions; amending s. 97.026, |
2152 | F.S.; providing rulemaking authority to make forms |
2153 | available in alternative formats and via the Internet; |
2154 | removing a cross reference; amending s. 97.051, F.S.; |
2155 | revising the oath taken by a person registering to vote; |
2156 | amending s. 97.052, F.S.; requiring that the uniform |
2157 | statewide voter registration application be accepted for |
2158 | replacement of a voter information card and signature |
2159 | update; revising the information the uniform statewide |
2160 | voter registration application must contain and must |
2161 | elicit from the applicant; providing for the failure of a |
2162 | voter registration applicant to answer questions on the |
2163 | voter registration application; amending s. 97.053, F.S.; |
2164 | revising the criteria for completeness of a voter |
2165 | registration application; specifying the possible valid |
2166 | recipients of a mailed voter registration application; |
2167 | revising the information needed on a voter registration |
2168 | application to establish an applicant's eligibility; |
2169 | providing for verification of authenticity of certain |
2170 | voter registration application information; providing for |
2171 | a provisional ballot to be provided to an applicant if the |
2172 | application is not verified by a certain date; requiring a |
2173 | voter registration official to enter all voter |
2174 | registration applications into the voter registration |
2175 | system within a certain time period and forward such |
2176 | applications to the supervisor of elections; amending s. |
2177 | 97.0535, F.S.; providing for applicants who have no valid |
2178 | Florida driver's license, identification card, or social |
2179 | security number; amending s. 97.055, F.S.; specifying the |
2180 | information updates permitted for purposes of an upcoming |
2181 | election once registration books are closed; amending s. |
2182 | 97.057, F.S.; revising the voter registration procedure by |
2183 | the Department of Highway Safety and Motor Vehicles; |
2184 | amending s. 97.058, F.S.; revising duties of voter |
2185 | registration agencies; amending s. 97.061, F.S.; revising |
2186 | special registration procedures for electors requiring |
2187 | assistance; amending s. 97.071, F.S.; redesignating the |
2188 | registration identification card as the voter information |
2189 | card; revising requirements for the contents of the card; |
2190 | amending s. 97.073, F.S.; revising the procedure by which |
2191 | an applicant must supply missing information on the voter |
2192 | registration application; revising provisions relating to |
2193 | cancellation of previous registration; amending s. |
2194 | 97.1031, F.S.; revising provisions relating to notice of |
2195 | change of residence, name, or party affiliation; amending |
2196 | s. 97.105, F.S., relating to establishment of the |
2197 | permanent single registration system, to conform; amending |
2198 | s. 98.015, F.S.; revising the duties of supervisors of |
2199 | elections; creating s. 98.035, F.S.; establishing a |
2200 | statewide voter registration system; requiring the |
2201 | Secretary of State to be responsible for the |
2202 | implementation, operation, and maintenance of the system; |
2203 | prohibiting the department from contracting with any other |
2204 | entity to operate the system; authorizing the department |
2205 | to adopt rules relating to the access, use, and operation |
2206 | of the system; amending s. 98.045, F.S.; revising |
2207 | provisions relating to administration of voter |
2208 | registration; providing for the responsibility of such |
2209 | administration to be undertaken by the department in lieu |
2210 | of supervisors of elections; specifying ineligibility |
2211 | criteria; revising provisions relating to removal of |
2212 | registered voters; revising provisions relating to public |
2213 | records access and retention; providing for the |
2214 | establishment of a statewide electronic database of valid |
2215 | residential street addresses; authorizing the department |
2216 | to adopt rules relating to certain voter registration |
2217 | system forms; amending s. 98.065, F.S.; revising |
2218 | provisions relating to registration records maintenance; |
2219 | providing for change of address; providing limitations on |
2220 | notice and renewal; requiring supervisors of elections to |
2221 | certify to the department certain list maintenance |
2222 | activities; providing penalties; amending s. 98.075, F.S.; |
2223 | providing for registration records maintenance by the |
2224 | department; providing procedures in cases involving |
2225 | duplicate registration, deceased persons, adjudication of |
2226 | mental incapacity, felony conviction, and other bases for |
2227 | ineligibility; providing procedures for removal; requiring |
2228 | supervisors of elections to certify to the department |
2229 | certain registration records maintenance activities; |
2230 | creating s. 98.0755, F.S.; providing for appeal of a |
2231 | determination of ineligibility; providing for |
2232 | jurisdiction, burden of proof, and trial costs; amending |
2233 | s. 98.077, F.S.; revising provisions relating to updating |
2234 | a voter's signature; amending s. 98.081, F.S., relating to |
2235 | removal of names from the statewide voter registration |
2236 | system, to conform; amending s. 98.093, F.S.; revising the |
2237 | duty of officials to furnish lists of deceased persons, |
2238 | persons adjudicated mentally incapacitated, and persons |
2239 | convicted of a felony; creating s. 98.0981, F.S.; |
2240 | requiring the department to establish and maintain a |
2241 | statewide voter registration database and provide such |
2242 | database to the Legislature; specifying the required |
2243 | contents of the database; amending s. 98.212, F.S., |
2244 | relating to furnishing of statistical and other |
2245 | information, to conform; amending s. 98.461, F.S.; |
2246 | authorizing use of an electronic database as a precinct |
2247 | register and use of an electronic device for voter |
2248 | signatures and witness initials; amending s. 100.371, |
2249 | F.S.; revising the procedure by which constitutional |
2250 | amendments proposed by initiative shall be placed on the |
2251 | ballot; amending s. 101.001, F.S.; providing requirements |
2252 | relating to maps of new precincts; revising procedural |
2253 | requirements of supervisors of elections relating to |
2254 | precincts and precinct maps; amending s. 101.043, F.S.; |
2255 | revising requirements and procedures relating to |
2256 | identification required at polls; amending s. 101.045, |
2257 | F.S., relating to provisions for residence or name change |
2258 | at the polls, to conform; amending s. 101.048, F.S., |
2259 | relating to provisional ballots, to conform; amending s. |
2260 | 101.161, F.S.; correcting a cross reference; amending s. |
2261 | 101.56062, F.S., relating to standards for accessible |
2262 | voting systems, to conform; amending s. 101.5608, F.S.; |
2263 | revising a provision relating to an elector's signature |
2264 | provided with identification prior to voting; creating s. |
2265 | 101.573, F.S.; requiring supervisors of elections to file |
2266 | precinct-level election results; requiring the Department |
2267 | of State to adopt rules; amending s. 101.62, F.S.; |
2268 | correcting a cross reference; amending ss. 101.64 and |
2269 | 101.657, F.S.; requiring that the supervisor of elections |
2270 | indicate on each absentee or early voted ballot the |
2271 | precinct of the voter; amending s. 101.663, F.S., relating |
2272 | to change of residence, to conform; amending s. 101.6921, |
2273 | F.S., relating to delivery of special absentee ballots to |
2274 | certain first-time voters, to conform; amending s. |
2275 | 101.6923, F.S., relating to special absentee ballot |
2276 | instructions for certain first-time voters, to conform; |
2277 | amending s. 102.012, F.S., relating to conduct of |
2278 | elections by inspectors and clerks, to conform; amending |
2279 | s. 104.013, F.S., relating to unauthorized use, |
2280 | possession, or destruction of voter information cards, to |
2281 | conform; amending s. 196.141, F.S., relating to homestead |
2282 | exemptions and duties of property appraisers, to conform; |
2283 | amending s. 120.54, F.S.; including certain rules |
2284 | pertaining to the Florida Election Code within the |
2285 | definition of emergency rules governing public health, |
2286 | safety, or welfare during specified times; repealing s. |
2287 | 98.055, F.S., relating to registration list maintenance |
2288 | forms; repealing s. 98.095, F.S., relating to county |
2289 | registers open to inspection and copies; repealing s. |
2290 | 98.0977, F.S., relating to the statewide voter |
2291 | registration database and its operation and maintenance; |
2292 | repealing s. 98.0979, F.S., relating to inspection of the |
2293 | statewide voter registration; repealing s. 98.101, F.S., |
2294 | relating to specifications for permanent registration |
2295 | binders, files, and forms; repealing s. 98.181, F.S., |
2296 | relating to duty of the supervisor of elections to make up |
2297 | indexes or records; repealing s. 98.231, F.S., relating to |
2298 | duty of the supervisor of elections to furnish the |
2299 | department the number of registered electors; repealing s. |
2300 | 98.451, F.S., relating to automation in processing |
2301 | registration data; repealing s. 98.481, F.S., relating to |
2302 | challenges to electors; repealing s. 101.635, F.S., |
2303 | relating to distribution of blocks of printed ballots; |
2304 | providing effective dates. |