1 | Representative(s) Waters offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (426201) (with title |
4 | amendment) |
5 | Remove everything after the enacting clause and insert: |
6 | Section 1. Subsections (1), (2), and (11) of section |
7 | 97.012, Florida Statutes, are amended, and subsection (14) is |
8 | added to that section, to read: |
9 | 97.012 Secretary of State as chief election officer.--The |
10 | Secretary of State is the chief election officer of the state, |
11 | and it is his or her responsibility to: |
12 | (1) Obtain and maintain uniformity in the application, |
13 | operation, and interpretation and implementation of the election |
14 | laws. In order to obtain and maintain uniformity in the |
15 | interpretation and implementation of the elections laws, the |
16 | Department of State may, pursuant to ss. 120.536(1) and 120.54, |
17 | adopt by rule uniform standards for the proper and equitable |
18 | interpretation and implementation of the requirements of |
19 | chapters 97 through 102 and 105 of the Election Code. |
20 | (2) Provide uniform standards for the proper and equitable |
21 | implementation of the registration laws by administrative rule |
22 | of the Department of State adopted pursuant to ss. 120.536(1) |
23 | and 120.54. |
24 | (11) Create and administer maintain a statewide voter |
25 | registration system as required by the Help America Vote Act of |
26 | 2002 database. The secretary may delegate voter registration |
27 | duties and records maintenance activities to voter registration |
28 | officials. Any responsibilities delegated by the secretary shall |
29 | be performed in accordance with state and federal law. |
30 | (14) Bring and maintain such actions at law or in equity |
31 | by mandamus or injunction to enforce the performance of any |
32 | duties of a county supervisor of elections or any official |
33 | performing duties with respect to chapters 97 through 102 and |
34 | 105 or to enforce compliance with a rule of the Department of |
35 | State adopted to interpret or implement any of those chapters. |
36 | (a) Venue for such actions shall be in the Circuit Court |
37 | of Leon County. |
38 | (b) When the secretary files an action under this section |
39 | and not more than 60 days remain before an election as defined |
40 | in s. 97.021, or during the time period after the election and |
41 | before certification of the election pursuant to s. 102.112 or |
42 | s. 102.121, the court, including an appellate court, shall set |
43 | an immediate hearing, giving the case priority over other |
44 | pending cases. |
45 | (c) Prior to filing an action to enforce performance of |
46 | the duties of the supervisor of elections or any official |
47 | described in this subsection, the secretary or his or her |
48 | designee first must confer, or must make a good-faith attempt to |
49 | confer, with the supervisor of elections or the official to |
50 | ensure compliance with chapters 97 through 102 and 105 or the |
51 | rules of the Department of State adopted under any of those |
52 | chapters. |
53 | Section 2. Subsection (13) of section 97.021, Florida |
54 | Statutes, is amended, present subsections (38) and (39) are |
55 | renumbered as subsections (39) and (40), respectively, and a new |
56 | subsection (38) is added to that section, to read: |
57 | 97.021 Definitions.--For the purposes of this code, except |
58 | where the context clearly indicates otherwise, the term: |
59 | (13) "Lists of registered electors" means names and |
60 | associated information copies of printed lists of registered |
61 | electors maintained by the department in the statewide voter |
62 | registration system or generated or derived from the statewide |
63 | voter registration system. Lists may be produced in printed or |
64 | electronic format, computer tapes or disks, or any other device |
65 | used by the supervisor of elections to maintain voter records. |
66 | (38) "Voter registration official" means any supervisor of |
67 | elections or individual authorized by the Secretary of State to |
68 | accept voter registration applications and execute updates to |
69 | the statewide voter registration system. |
70 | Section 3. Section 97.026, Florida Statutes, is amended to |
71 | read: |
72 | 97.026 Forms to be available in alternative formats and |
73 | via the Internet.--It is the intent of the Legislature that all |
74 | forms required to be used in chapters 97-106 shall be made |
75 | available upon request, in alternative formats. Such forms shall |
76 | include absentee ballots as alternative formats for such ballots |
77 | become available and the Division of Elections is able to |
78 | certify systems that provide them. The department may, pursuant |
79 | to ss. 120.536(1) and 120.54, adopt rules to administer this |
80 | section. Whenever possible, such forms, with the exception of |
81 | absentee ballots, shall be made available by the Department of |
82 | State via the Internet. Sections that contain such forms |
83 | include, but are not limited to, ss. 97.051, 97.052, 97.053, |
84 | 97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, |
85 | 98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, |
86 | 101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and |
87 | 106.087. |
88 | Section 4. Section 97.051, Florida Statutes, is amended to |
89 | read: |
90 | 97.051 Oath upon registering.--A person registering to |
91 | vote must subscribe to the following oath: "I do solemnly swear |
92 | (or affirm) that I will protect and defend the Constitution of |
93 | the United States and the Constitution of the State of Florida, |
94 | that I am qualified to register as an elector under the |
95 | Constitution and laws of the State of Florida, and that all |
96 | information provided in this application is true I am a citizen |
97 | of the United States and a legal resident of Florida." |
98 | Section 5. Section 97.052, Florida Statutes, is amended to |
99 | read: |
100 | 97.052 Uniform statewide voter registration application.-- |
101 | (1) The department shall prescribe by rule a uniform |
102 | statewide voter registration application for use in this state. |
103 | (a) The uniform statewide voter registration application |
104 | must be accepted for any one or more of the following purposes: |
105 | 1. Initial registration. |
106 | 2. Change of address. |
107 | 3. Change of party affiliation. |
108 | 4. Change of name. |
109 | 5. Replacement of a voter information registration |
110 | identification card. |
111 | 6. Signature update. |
112 | (b) The department is responsible for printing the uniform |
113 | statewide voter registration application and the voter |
114 | registration application form prescribed by the Federal Election |
115 | Assistance Commission pursuant to federal law the National Voter |
116 | Registration Act of 1993. The applications and forms must be |
117 | distributed, upon request, to the following: |
118 | 1. Individuals seeking to register to vote or update a |
119 | voter registration record. |
120 | 2. Individuals or groups conducting voter registration |
121 | programs. A charge of 1 cent per application shall be assessed |
122 | on requests for 10,000 or more applications. |
123 | 3. The Department of Highway Safety and Motor Vehicles. |
124 | 4. Voter registration agencies. |
125 | 5. Armed forces recruitment offices. |
126 | 6. Qualifying educational institutions. |
127 | 7. Supervisors, who must make the applications and forms |
128 | available in the following manner: |
129 | a. By distributing the applications and forms in their |
130 | offices to any individual or group. |
131 | b. By distributing the applications and forms at other |
132 | locations designated by each supervisor. |
133 | c. By mailing the applications and forms to applicants |
134 | upon the request of the applicant. |
135 | (c) The uniform statewide voter registration application |
136 | may be reproduced by any private individual or group, provided |
137 | the reproduced application is in the same format as the |
138 | application prescribed by rule under this section. |
139 | (2) The uniform statewide voter registration application |
140 | must be designed to elicit the following information from the |
141 | applicant: |
142 | (a) Last, first, and middle Full name, including any |
143 | suffix. |
144 | (b) Date of birth. |
145 | (c) Address of legal residence. |
146 | (d) Mailing address, if different. |
147 | (e) County of legal residence. |
148 | (f) Address of property for which the applicant has been |
149 | granted a homestead exemption, if any. |
150 | (f)(g) Race or ethnicity that best describes the |
151 | applicant: |
152 | 1. American Indian or Alaskan Native. |
153 | 2. Asian or Pacific Islander. |
154 | 3. Black, not Hispanic. |
155 | 4. White, not Hispanic. |
156 | 5. Hispanic. |
157 | (g)(h) State or country of birth. |
158 | (h)(i) Sex. |
159 | (i)(j) Party affiliation. |
160 | (j)(k) Whether the applicant needs assistance in voting. |
161 | (k)(l) Name and address where last registered. |
162 | (l)(m) Last four digits of the applicant's social security |
163 | number. |
164 | (m)(n) Florida driver's license number or the |
165 | identification number from a Florida identification card issued |
166 | under s. 322.051. |
167 | (n) An indication, if applicable, that the applicant has |
168 | not been issued a Florida driver's license, a Florida |
169 | identification card, or a social security number. |
170 | (o) Telephone number (optional). |
171 | (p) Signature of applicant under penalty for false |
172 | swearing pursuant to s. 104.011, by which the person subscribes |
173 | to the oath required by s. 3, Art. VI of the State Constitution |
174 | and s. 97.051, and swears or affirms that the information |
175 | contained in the registration application is true. |
176 | (q) Whether the application is being used for initial |
177 | registration, to update a voter registration record, or to |
178 | request a replacement voter information registration |
179 | identification card. |
180 | (r) Whether the applicant is a citizen of the United |
181 | States by asking the question "Are you a citizen of the United |
182 | States of America?" and providing boxes for the applicant to |
183 | check to indicate whether the applicant is or is not a citizen |
184 | of the United States. |
185 | (s) Whether That the applicant has not been convicted of a |
186 | felony, and or, if convicted, has had his or her civil rights |
187 | restored by including the statement "I affirm I am not a |
188 | convicted felon or, if I am, my rights relating to voting have |
189 | been restored." and providing a box for the applicant to check |
190 | to affirm the statement. |
191 | (t) Whether That the applicant has not been adjudicated |
192 | mentally incapacitated with respect to voting or, if so |
193 | adjudicated, has had his or her right to vote restored by |
194 | including the statement "I affirm I have not been adjudicated |
195 | mentally incapacitated with respect to voting or, if I have, my |
196 | competency has been restored." and providing a box for the |
197 | applicant to check to affirm the statement. |
198 |
|
199 | The registration application form must be in plain language and |
200 | designed so that convicted felons whose civil rights have been |
201 | restored and persons who have been adjudicated mentally |
202 | incapacitated and have had their voting rights restored are not |
203 | required to reveal their prior conviction or adjudication. |
204 | (3) The uniform statewide voter registration application |
205 | must also contain: |
206 | (a) The oath required by s. 3, Art. VI of the State |
207 | Constitution and s. 97.051. |
208 | (b) A statement specifying each eligibility requirement |
209 | under s. 97.041. |
210 | (c) The penalties provided in s. 104.011 for false |
211 | swearing in connection with voter registration. |
212 | (d) A statement that, if an applicant declines to register |
213 | to vote, the fact that the applicant has declined to register |
214 | will remain confidential and may be used only for voter |
215 | registration purposes. |
216 | (e) A statement that informs the applicant who chooses to |
217 | register to vote or update a voter registration record that the |
218 | office at which the applicant submits a voter registration |
219 | application or updates a voter registration record will remain |
220 | confidential and may be used only for voter registration |
221 | purposes. |
222 | (f) A statement that informs the applicant that any person |
223 | who has been granted a homestead exemption in this state, and |
224 | who registers to vote in any precinct other than the one in |
225 | which the property for which the homestead exemption has been |
226 | granted, shall have that information forwarded to the property |
227 | appraiser where such property is located, which may result in |
228 | the person's homestead exemption being terminated and the person |
229 | being subject to assessment of back taxes under s. 193.092, |
230 | unless the homestead granted the exemption is being maintained |
231 | as the permanent residence of a legal or natural dependent of |
232 | the owner and the owner resides elsewhere. |
233 | (f)(g) A statement informing an the applicant who has not |
234 | been issued a Florida driver's license, a Florida identification |
235 | card, or a social security number that if the application form |
236 | is submitted by mail and the applicant is registering for the |
237 | first time in this state, the applicant will be required to |
238 | provide identification prior to voting the first time. |
239 | (4) A supervisor may produce a voter registration |
240 | application that has the supervisor's direct mailing address if |
241 | the department has reviewed the application and determined that |
242 | it is substantially the same as the uniform statewide voter |
243 | registration application. |
244 | (5) The voter registration application form prescribed by |
245 | the Federal Election Assistance Commission pursuant to federal |
246 | law the National Voter Registration Act of 1993 or the federal |
247 | postcard application must be accepted as an application for |
248 | registration in this state if the completed application or |
249 | postcard application contains the information required by the |
250 | constitution and laws of this state. |
251 | Section 6. Section 97.053, Florida Statutes, is amended to |
252 | read: |
253 | 97.053 Acceptance of voter registration applications.-- |
254 | (1) Voter registration applications, changes in |
255 | registration, and requests for a replacement voter information |
256 | registration identification card must be accepted in the office |
257 | of any supervisor, the division, a driver license office, a |
258 | voter registration agency, or an armed forces recruitment office |
259 | when hand delivered by the applicant or a third party during the |
260 | hours that office is open or when mailed. |
261 | (2) A completed voter registration application is complete |
262 | and that contains the information necessary to establish an |
263 | applicant's eligibility pursuant to s. 97.041 becomes the |
264 | official voter registration record of that applicant when all |
265 | information necessary to establish the applicant's eligibility |
266 | pursuant to s. 97.041 is received by a voter registration |
267 | official and verified pursuant to subsection (6) the appropriate |
268 | supervisor. If the applicant fails to complete his or her voter |
269 | registration application prior to the date of book closing for |
270 | an election, then such applicant shall not be eligible to vote |
271 | in that election. |
272 | (3) The registration date for a valid initial voter |
273 | registration application that has been hand delivered is the |
274 | date that the application is when received by a driver license |
275 | office, a voter registration agency, an armed forces recruitment |
276 | office, the division, or the office of any supervisor in the |
277 | state. |
278 | (4) The registration date for a valid initial voter |
279 | registration application that has been mailed to a driver |
280 | license office, a voter registration agency, an armed forces |
281 | recruitment office, the division, or the office of any |
282 | supervisor in the state and bears a clear postmark is the date |
283 | of that the postmark. If an initial voter registration |
284 | application that has been mailed does not bear a postmark or if |
285 | the postmark is unclear, the registration date is the date the |
286 | application registration is received by any supervisor or the |
287 | division, unless it is received within 5 days after the closing |
288 | of the books for an election, excluding Saturdays, Sundays, and |
289 | legal holidays, in which case the registration date is the book- |
290 | closing date. |
291 | (5)(a) A voter registration application is complete if it |
292 | contains the following information necessary to establish the |
293 | applicant's eligibility pursuant to s. 97.041, including: |
294 | 1. The applicant's name. |
295 | 2. The applicant's legal residence address. |
296 | 3. The applicant's date of birth. |
297 | 4. A mark in the checkbox affirming An indication that the |
298 | applicant is a citizen of the United States. |
299 | 5.a. The applicant's current and valid Florida driver's |
300 | license number or, the identification number from a Florida |
301 | identification card issued under s. 322.051, or |
302 | b. If the applicant has not been issued a current and |
303 | valid Florida driver's license or a Florida identification card, |
304 | the last four digits of the applicant's social security number. |
305 |
|
306 | In case an applicant has not been issued a current and valid |
307 | Florida driver's license, Florida identification card, or social |
308 | security number, the applicant shall affirm this fact in the |
309 | manner prescribed in the uniform statewide voter registration |
310 | application. |
311 | 6. A mark in the checkbox affirming An indication that the |
312 | applicant has not been convicted of a felony or that, if |
313 | convicted, has had his or her civil rights restored. |
314 | 7. A mark in the checkbox affirming An indication that the |
315 | applicant has not been adjudicated mentally incapacitated with |
316 | respect to voting or that, if so adjudicated, has had his or her |
317 | right to vote restored. |
318 | 8. The original signature or a digital signature |
319 | transmitted by the Department of Highway Safety and Motor |
320 | Vehicles of the applicant swearing or affirming under the |
321 | penalty for false swearing pursuant to s. 104.011 that the |
322 | information contained in the registration application is true |
323 | and subscribing to the oath required by s. 3, Art. VI of the |
324 | State Constitution and s. 97.051. |
325 | (b) An applicant who fails to designate party affiliation |
326 | must be registered without party affiliation. The supervisor |
327 | must notify the voter by mail that the voter has been registered |
328 | without party affiliation and that the voter may change party |
329 | affiliation as provided in s. 97.1031. |
330 | (6) A voter registration application may be accepted as |
331 | valid only after the department has verified the authenticity or |
332 | nonexistence of the driver's license number, the Florida |
333 | identification card number, or the last four digits of the |
334 | social security number provided by the applicant. If a completed |
335 | voter registration application has been received by the book- |
336 | closing deadline but the driver's license number, the Florida |
337 | identification card number, or the last four digits of the |
338 | social security number provided by the applicant cannot be |
339 | verified prior to the applicant presenting himself or herself to |
340 | vote, the applicant shall be provided a provisional ballot. The |
341 | provisional ballot shall be counted only if the application is |
342 | verified by the end of the canvassing period or if the applicant |
343 | presents evidence to the supervisor of elections sufficient to |
344 | verify the authenticity of the driver's license number, Florida |
345 | identification card number, or last four digits of the social |
346 | security number provided on the application no later than 5 p.m. |
347 | of the third day following the election. |
348 | (7) All voter registration applications received by a |
349 | voter registration official shall be entered into the statewide |
350 | voter registration system within 15 days after receipt. Once |
351 | entered, the application shall be immediately forwarded to the |
352 | appropriate supervisor of elections. |
353 | Section 7. Subsections (1), (2), and (3) of section |
354 | 97.0535, Florida Statutes, are amended to read: |
355 | 97.0535 Special requirements for certain applicants.-- |
356 | (1) Each applicant who registers by mail and who has never |
357 | previously voted in the state and who the department has |
358 | verified has not been issued a current and valid Florida |
359 | driver's license, Florida identification card, or social |
360 | security number county shall be required to provide a copy of a |
361 | current and valid identification, as provided in subsection (3), |
362 | or indicate that he or she is exempt from the requirements prior |
363 | to voting. Such The applicant may provide the identification or |
364 | indication may be provided at the time of registering, or at any |
365 | time prior to voting for the first time in the state county. If |
366 | the voter registration application clearly provides information |
367 | from which a voter registration official the supervisor can |
368 | determine that the applicant meets at least one of the |
369 | exemptions in subsection (4), the voter registration official |
370 | supervisor shall make the notation on the registration records |
371 | of the statewide voter registration system and the applicant |
372 | shall not be required to provide the identification required by |
373 | this section further information that is required of first time |
374 | voters who register by mail. |
375 | (2) The voter registration official supervisor of |
376 | elections shall, upon accepting the voter registration |
377 | application submitted pursuant to subsection (1) for an |
378 | applicant who registered by mail and who has not previously |
379 | voted in the county, determine if the applicant provided the |
380 | required identification at the time of registering. If the |
381 | required identification was not provided, the supervisor shall |
382 | notify the applicant that he or she must provide the |
383 | identification prior to voting the first time in the state |
384 | county. |
385 | (3)(a) The following forms of identification shall be |
386 | considered current and valid if they contain the name and |
387 | photograph of the applicant and have not expired: |
388 | 1. Florida driver's license. |
389 | 2. Florida identification card issued by the Department of |
390 | Highway Safety and Motor Vehicles. |
391 | 1.3. United States passport. |
392 | 2.4. Employee badge or identification. |
393 | 3.5. Buyer's club identification. |
394 | 4.6. Debit or credit card. |
395 | 5.7. Military identification. |
396 | 6.8. Student identification. |
397 | 7.9. Retirement center identification. |
398 | 8.10. Neighborhood association identification. |
399 | 9.11. Entertainment identification. |
400 | 10.12. Public assistance identification. |
401 | (b) The following forms of identification shall be |
402 | considered current and valid if they contain the name and |
403 | current residence address of the applicant: |
404 | 1. Utility bill. |
405 | 2. Bank statement. |
406 | 3. Government check. |
407 | 4. Paycheck. |
408 | 5. Other government document (excluding voter |
409 | identification card). |
410 | Section 8. Subsection (1) of section 97.055, Florida |
411 | Statutes, is amended to read: |
412 | 97.055 Registration books; when closed for an election.-- |
413 | (1) The registration books must be closed on the 29th day |
414 | before each election and must remain closed until after that |
415 | election. If an election is called and there are fewer than 29 |
416 | days before that election, the registration books must be closed |
417 | immediately. When the registration books are closed for an |
418 | election, only updates to a voter's name, address, and signature |
419 | pursuant to ss. 98.077 and 101.045 will be permitted for |
420 | purposes of the upcoming election. Voter registration |
421 | applications and party changes must be accepted but only for the |
422 | purpose of subsequent elections. However, party changes received |
423 | between the book-closing date of the first primary election and |
424 | the date of the second primary election are not effective until |
425 | after the second primary election. |
426 | Section 9. Section 97.057, Florida Statutes, is amended to |
427 | read: |
428 | 97.057 Voter registration by the Department of Highway |
429 | Safety and Motor Vehicles.-- |
430 | (1) The Department of Highway Safety and Motor Vehicles |
431 | shall provide the opportunity to register to vote or to update a |
432 | voter registration record to each individual who comes to an |
433 | office of that department to: |
434 | (a) Apply for or renew a driver's license; |
435 | (b) Apply for or renew an identification card pursuant to |
436 | chapter 322; or |
437 | (c) Change an address on an existing driver's license or |
438 | identification card. |
439 | (2) The Department of Highway Safety and Motor Vehicles |
440 | shall: |
441 | (a) Notify each individual, orally or in writing, that: |
442 | 1. Information gathered for the completion of a driver's |
443 | license or identification card application, renewal, or change |
444 | of address can be automatically transferred to a voter |
445 | registration application; |
446 | 2. If additional information and a signature are provided, |
447 | the voter registration application will be completed and sent to |
448 | the proper election authority; |
449 | 3. Information provided can also be used to update a voter |
450 | registration record; |
451 | 4. All declinations will remain confidential and may be |
452 | used only for voter registration purposes; and |
453 | 5. The particular driver license office in which the |
454 | person applies to register to vote or updates a voter |
455 | registration record will remain confidential and may be used |
456 | only for voter registration purposes. |
457 | (b) Require a driver's license examiner to inquire orally, |
458 | or, if the applicant is hearing impaired, inquire in writing if |
459 | the applicant is hearing impaired, and whether the applicant |
460 | wishes to register to vote or update a voter registration record |
461 | during the completion of a driver's license or identification |
462 | card application, renewal, or change of address. |
463 | 1. If the applicant chooses to register to vote or to |
464 | update a voter registration record: |
465 | a. All applicable information received by the Department |
466 | of Highway Safety and Motor Vehicles in the course of filling |
467 | out the forms necessary under subsection (1) must be transferred |
468 | to a voter registration application.; |
469 | b. The additional necessary information must be obtained |
470 | by the driver's license examiner and must not duplicate any |
471 | information already obtained while completing the forms required |
472 | under subsection (1).; and |
473 | c. A voter registration application with all of the |
474 | applicant's voter registration information required to establish |
475 | the applicant's eligibility pursuant to s. 97.041 must be |
476 | presented to the applicant to review and verify the voter |
477 | registration information received and provide an electronic |
478 | signature affirming the accuracy of the information provided |
479 | sign. |
480 | 2. If the applicant declines to register to vote, update |
481 | the applicant's voter registration record, or change the |
482 | applicant's address by either orally declining or by failing to |
483 | sign the voter registration application, the Department of |
484 | Highway Safety and Motor Vehicles must note such declination on |
485 | its records and shall forward the declination to the statewide |
486 | voter registration system keep the declination for 2 years but |
487 | must forward a copy of the unsigned voter registration |
488 | application within 5 days after receipt to the appropriate |
489 | supervisor of elections. |
490 | (3) For the purpose of this section, the Department of |
491 | Highway Safety and Motor Vehicles, with the approval of the |
492 | Department of State, shall prescribe: |
493 | (a) A voter registration application that is the same in |
494 | content, format, and size as the uniform statewide voter |
495 | registration application prescribed under s. 97.052; and |
496 | (b) A form that will inform applicants under subsection |
497 | (1) of the information contained in paragraph (2)(a). |
498 | (4) The Department of Highway Safety and Motor Vehicles |
499 | must electronically transmit forward completed voter |
500 | registration applications within 24 hours after receipt to the |
501 | statewide voter registration system. Completed paper voter |
502 | registration applications received by the Department of Highway |
503 | Safety and Motor Vehicles shall be forwarded within 5 days after |
504 | receipt to the supervisor of the county where the office that |
505 | processed or received that application is located. |
506 | (5) The Department of Highway Safety and Motor Vehicles |
507 | must send, with each driver's license renewal extension |
508 | application authorized pursuant to s. 322.18(8), a uniform |
509 | statewide voter registration application, the voter registration |
510 | application prescribed under paragraph (3)(a), or a voter |
511 | registration application developed especially for the purposes |
512 | of this subsection by the Department of Highway Safety and Motor |
513 | Vehicles, with the approval of the Department of State, which |
514 | must meet the requirements of s. 97.052. |
515 | (6) A person providing voter registration services for a |
516 | driver license office may not: |
517 | (a) Seek to influence an applicant's political preference |
518 | or party registration; |
519 | (b) Display any political preference or party allegiance; |
520 | (c) Make any statement to an applicant or take any action |
521 | the purpose or effect of which is to discourage the applicant |
522 | from registering to vote; or |
523 | (d) Disclose any applicant's voter registration |
524 | information except as needed for the administration of voter |
525 | registration. |
526 | (7) The Department of Highway Safety and Motor Vehicles |
527 | shall compile lists, by county, of those individuals whose names |
528 | have been purged from its driver's license database because they |
529 | have been licensed in another state and shall provide those |
530 | lists annually to the appropriate supervisors. |
531 | (7)(8) The Department of Highway Safety and Motor Vehicles |
532 | shall collect data determined necessary by the Department of |
533 | State for program evaluation and reporting to the Federal |
534 | Election Assistance Commission pursuant to federal law the |
535 | National Voter Registration Act of 1993. |
536 | (8)(9) The Department of Highway Safety and Motor Vehicles |
537 | must ensure that all voter registration services provided by |
538 | driver license offices are in compliance with the Voting Rights |
539 | Act of 1965. |
540 | (9) The Department of Highway Safety and Motor Vehicles |
541 | shall retain complete records of voter registration information |
542 | received, processed, and submitted to the statewide voter |
543 | registration system by the Department of Highway Safety and |
544 | Motor Vehicles. These records shall be for the explicit purpose |
545 | of supporting audit and accounting controls established to |
546 | ensure accurate and complete electronic transmission of records |
547 | between the statewide voter registration system and the |
548 | Department of Highway Safety and Motor Vehicles. |
549 | (10) The department shall provide the Department of |
550 | Highway Safety and Motor Vehicles with an electronic database of |
551 | street addresses valid for use as the legal residence address as |
552 | required in s. 97.053(5). The Department of Highway Safety and |
553 | Motor Vehicles shall compare the address provided by the |
554 | applicant against the database of valid street addresses. If the |
555 | address provided by the applicant does not match a valid street |
556 | address in the database, the applicant will be asked to verify |
557 | the address provided. The Department of Highway Safety and Motor |
558 | Vehicles shall not reject any application for voter registration |
559 | for which a valid match cannot be made. |
560 | (11) The Department of Highway Safety and Motor Vehicles |
561 | shall enter into an agreement with the department to match |
562 | information in the statewide voter registration system with |
563 | information in the database of the Department of Highway Safety |
564 | and Motor Vehicles to the extent required to verify the accuracy |
565 | of the driver's license number, Florida identification number, |
566 | or last four digits of the social security number provided on |
567 | applications for voter registration as required in s. 97.053. |
568 | (12) The Department of Highway Safety and Motor Vehicles |
569 | shall enter into an agreement with the Commissioner of Social |
570 | Security as required by the Help America Vote Act of 2002 to |
571 | verify the last four digits of the social security number |
572 | provided in applications for voter registration as required in |
573 | s. 97.053. |
574 | Section 10. Subsections (6), (7), and (9) of section |
575 | 97.058, Florida Statutes, are amended to read: |
576 | 97.058 Voter registration agencies.-- |
577 | (6) A voter registration agency must forward all completed |
578 | and incomplete voter registration applications within 5 days |
579 | after receipt to the supervisor of the county where the agency |
580 | that processed or received that application is located. |
581 | (7) A voter registration agency must retain declinations |
582 | for a period of 2 years, during which time the declinations are |
583 | not considered a record of the client pursuant to the laws |
584 | governing the agency's records. However, a voter registration |
585 | agency must forward a copy of each incompleted voter |
586 | registration application within 5 days after receipt to the |
587 | appropriate supervisor of elections. |
588 | (9) A voter registration agency must collect data |
589 | determined necessary by the department, as provided by rule, for |
590 | program evaluation and reporting to the Federal Election |
591 | Assistance Commission pursuant to federal law the National Voter |
592 | Registration Act of 1993. |
593 | Section 11. Section 97.061, Florida Statutes, is amended |
594 | to read: |
595 | 97.061 Special registration for electors requiring |
596 | assistance.-- |
597 | (1) Any person who is eligible to register and who is |
598 | unable to read or write or who, because of some disability, |
599 | needs assistance in voting shall upon that person's request be |
600 | registered by the supervisor under the procedure prescribed by |
601 | this section and shall be entitled to receive assistance at the |
602 | polls under the conditions prescribed by this section. The |
603 | department may adopt rules to administer this section. |
604 | (2) If a person is qualified to register pursuant to this |
605 | section, the voter registration official supervisor shall note |
606 | in that person's registration record that the person needs |
607 | assistance in voting. |
608 | (3) The precinct register generated by the supervisor |
609 | shall contain Upon registering any person pursuant to this |
610 | section, the supervisor must make a notation on the registration |
611 | books or records which are delivered to the polls on election |
612 | day that such person is eligible for assistance in voting, and |
613 | the supervisor may issue such person a special registration |
614 | identification card or make a some notation on the voter |
615 | information regular registration identification card that such |
616 | person is eligible for assistance in voting. Such person shall |
617 | be entitled to receive the assistance of two election officials |
618 | or some other person of his or her own choice, other than the |
619 | person's employer, the agent of the person's employer, or an |
620 | officer or agent of the person's union, without the necessity of |
621 | executing the "Declaration to Secure Assistance" prescribed in |
622 | s. 101.051. Such person shall notify the supervisor of any |
623 | change in his or her condition which makes it unnecessary for |
624 | him or her to receive assistance in voting. |
625 | Section 12. Section 97.071, Florida Statutes, is amended |
626 | to read: |
627 | 97.071 Voter information Registration identification |
628 | card.-- |
629 | (1) A voter information registration identification card |
630 | shall must be furnished by the supervisor to all registered |
631 | voters residing in the supervisor's county. The card registering |
632 | under the permanent single registration system and must contain: |
633 | (a) Voter's registration number. |
634 | (b) Date of registration. |
635 | (c) Full name. |
636 | (d) Party affiliation. |
637 | (e) Date of birth. |
638 | (f) Race or ethnicity, if provided by the applicant. |
639 | (g) Sex, if provided by the applicant. |
640 | (f)(h) Address of legal residence. |
641 | (g)(i) Precinct number. |
642 | (h)(j) Name of supervisor and contact information of |
643 | supervisor. |
644 | (k) Place for voter's signature. |
645 | (i)(l) Other information deemed necessary by the |
646 | supervisor department. |
647 | (2) A voter may receive a replacement voter information of |
648 | a registration identification card by providing a signed, |
649 | written request for a replacement card to a voter registration |
650 | official the supervisor. Upon verification of registration, the |
651 | supervisor shall issue the voter a duplicate card without |
652 | charge. |
653 | (3) In the case of a change of name, address, or party |
654 | affiliation, the supervisor shall must issue the voter a new |
655 | voter information registration identification card. However, a |
656 | voter information registration identification card indicating a |
657 | party affiliation change made between the book-closing date for |
658 | the first primary election and the date of the second primary |
659 | election may not be issued until after the second primary |
660 | election. |
661 | Section 13. Section 97.073, Florida Statutes, is amended |
662 | to read: |
663 | 97.073 Disposition of voter registration applications; |
664 | cancellation notice.-- |
665 | (1) The supervisor must notify each applicant of the |
666 | disposition of the applicant's voter registration application. |
667 | The notice must inform the applicant that the application has |
668 | been approved, is incomplete, has been denied, or is a duplicate |
669 | of a current registration. A voter information registration |
670 | identification card sent to an applicant constitutes notice of |
671 | approval of registration. If the application is incomplete, the |
672 | supervisor must request that the applicant supply the missing |
673 | information using a voter registration application signed by the |
674 | applicant in writing and sign a statement that the additional |
675 | information is true and correct. A notice of denial must inform |
676 | the applicant of the reason the application was denied. |
677 | (2) Within 2 weeks after approval of a voter registration |
678 | application that indicates that the applicant was previously |
679 | registered in another state jurisdiction, the department |
680 | supervisor must notify the registration official in the prior |
681 | state jurisdiction that the applicant is now registered in this |
682 | state the supervisor's county. |
683 | Section 14. Section 97.1031, Florida Statutes, is amended |
684 | to read: |
685 | 97.1031 Notice of change of residence within the same |
686 | county, change of name, or change of party affiliation.-- |
687 | (1) When an elector moves from the address named on that |
688 | person's voter registration record to another address within the |
689 | state or changes his or her name by marriage or other legal |
690 | process same county, the elector shall submit the new |
691 | information to a voter registration official using a voter |
692 | registration application signed by the elector must provide |
693 | notification of such move to the supervisor of elections of that |
694 | county. The elector may provide the supervisor a signed, written |
695 | notice or may notify the supervisor by telephone or electronic |
696 | means. However, notification of such move other than by signed, |
697 | written notice must include the elector's date of birth. A voter |
698 | information registration identification card reflecting the new |
699 | information address of legal residence shall be issued to the |
700 | elector as provided in subsection (3)(4). |
701 | (2) When the name of an elector is changed by marriage or |
702 | other legal process, the elector must provide a signed, written |
703 | notification of such change to the supervisor and obtain a |
704 | registration identification card reflecting the new name. |
705 | (2)(3) When an elector seeks to change party affiliation, |
706 | the elector shall must provide notice a signed, written |
707 | notification of such intent to a voter registration official |
708 | using a voter registration application signed by the elector. A |
709 | voter information the supervisor and obtain a registration |
710 | identification card reflecting the new party affiliation shall |
711 | be issued by the supervisor to the elector, subject to the |
712 | issuance restriction in s. 97.071(3). |
713 | (3)(4) The voter registration official supervisor shall |
714 | make the necessary changes in the elector's records as soon as |
715 | practical upon receipt of such notice of a change of address of |
716 | legal residence, name, or party affiliation and shall issue the |
717 | new registration identification card as required by s. |
718 | 97.071(3). |
719 | Section 15. Section 97.105, Florida Statutes, is amended |
720 | to read: |
721 | 97.105 Permanent single registration system |
722 | established.--A permanent single registration system for the |
723 | registration of electors to qualify them to vote in all |
724 | elections is provided for the several counties and |
725 | municipalities. This system shall be put into use by all |
726 | municipalities and shall be in lieu of any other system of |
727 | municipal registration. Electors shall be registered pursuant to |
728 | in pursuance of this system by a voter registration official the |
729 | supervisor or by a deputy supervisor, and electors registered |
730 | shall not thereafter be required to register or reregister |
731 | except as provided by law. |
732 | Section 16. Subsections (3), (10), and (11) of section |
733 | 98.015, Florida Statutes, are amended, and subsection (12) is |
734 | added to that section, to read: |
735 | 98.015 Supervisor of elections; election, tenure of |
736 | office, compensation, custody of books, office hours, successor, |
737 | seal; appointment of deputy supervisors; duties.-- |
738 | (3) The supervisor shall update voter registration |
739 | information, enter new voter registrations into the statewide |
740 | voter registration system, and act as is the official custodian |
741 | of documents received by the supervisor related to the |
742 | registration of electors and changes in voter registration |
743 | status of electors of the supervisor's county the registration |
744 | books and has the exclusive control of matters pertaining to |
745 | registration of electors. |
746 | (10) Each supervisor shall must ensure that all voter |
747 | registration and list maintenance procedures conducted by such |
748 | supervisor are in compliance with any applicable requirements |
749 | prescribed by rule of the department through the statewide voter |
750 | registration system or prescribed by for that county under the |
751 | Voting Rights Act of 1965, the National Voter Registration Act |
752 | of 1993, or the Help America Vote Act of 2002. |
753 | (11) Each supervisor shall ensure that any voter |
754 | registration system used by the supervisor for administering his |
755 | or her duties as a voter registration official complies with the |
756 | specifications and procedures established by rule of the |
757 | department and the statewide voter registration system Each |
758 | supervisor of elections shall forward to the property appraiser |
759 | for the county in which the homestead is claimed the name of the |
760 | person and the address of the homestead of each person who |
761 | registers to vote at an address other than that at which the |
762 | person claims a homestead exemption, as disclosed on the uniform |
763 | statewide voter registration application pursuant to s. 97.052. |
764 | (12) Each supervisor shall maintain a list of valid |
765 | residential street addresses for purposes of verifying the legal |
766 | addresses of voters residing in the supervisor's county. The |
767 | supervisor shall make all reasonable efforts to coordinate with |
768 | county 911 service providers, property appraisers, the United |
769 | States Postal Service, or other agencies as necessary to ensure |
770 | the continued accuracy of such list. The supervisor shall |
771 | provide the list of valid residential addresses to the statewide |
772 | voter registration system in the manner and frequency specified |
773 | by rule of the department. |
774 | Section 17. Section 98.035, Florida Statutes, is created |
775 | to read: |
776 | 98.035 Statewide voter registration system; |
777 | implementation, operation, and maintenance.-- |
778 | (1) The Secretary of State, as chief election officer of |
779 | the state, shall be responsible for implementing, operating, and |
780 | maintaining, in a uniform and nondiscriminatory manner, a |
781 | single, uniform, official, centralized, interactive, |
782 | computerized statewide voter registration system as required by |
783 | the Help America Vote Act of 2002. The department may adopt |
784 | rules to administer this section. |
785 | (2) The statewide voter registration system must contain |
786 | the name and registration information of every legally |
787 | registered voter in the state. All voters shall be assigned a |
788 | unique identifier. The system shall be the official list of |
789 | registered voters in the state and shall provide secured access |
790 | by authorized voter registration officials. The system shall |
791 | enable voter registration officials to provide, access, and |
792 | update voter registration information. |
793 | (3) The department may not contract with any other entity |
794 | for the operation of the statewide voter registration system. |
795 | (4) The implementation of the statewide voter registration |
796 | system shall not prevent any supervisor of elections from |
797 | acquiring, maintaining, or using any hardware or software |
798 | necessary or desirable to carry out the supervisor's |
799 | responsibilities related to the use of voter registration |
800 | information or the conduct of elections, provided that such |
801 | hardware or software does not conflict with the operation of the |
802 | statewide voter registration system. |
803 | (5) The department may adopt rules governing the access, |
804 | use, and operation of the statewide voter registration system to |
805 | ensure security, uniformity, and integrity of the system. |
806 | Section 18. Section 98.045, Florida Statutes, is amended |
807 | to read: |
808 | 98.045 Administration of voter registration.-- |
809 | (1) ELIGIBILITY OF APPLICANT.--The Each supervisor must |
810 | ensure that any eligible applicant for voter registration is |
811 | registered to vote and that each application for voter |
812 | registration is processed in accordance with law. The supervisor |
813 | shall determine whether a voter registration applicant is |
814 | ineligible based on any of the following: |
815 | (a) The failure to complete a voter registration |
816 | application as specified in s. 97.053. |
817 | (b) The applicant is deceased. |
818 | (c) The applicant has been convicted of a felony for which |
819 | his or her civil rights have not been restored. |
820 | (d) The applicant has been adjudicated mentally |
821 | incapacitated with respect to the right to vote and such right |
822 | has not been restored. |
823 | (e) The applicant does not meet the age requirement |
824 | pursuant to s. 97.041. |
825 | (f) The applicant is not a United States citizen. |
826 | (g) The applicant is a fictitious person. |
827 | (h) The applicant has provided an address of legal |
828 | residence that is not his or her legal residence. |
829 | (i) The applicant has provided a driver's license number, |
830 | Florida identification card number, or the last four digits of a |
831 | social security number that is not verifiable by the department. |
832 | (2) REMOVAL OF REGISTERED VOTERS.-- |
833 | (a) Once a voter is registered, the name of that voter may |
834 | not be removed from the statewide voter registration system |
835 | books except at the written request of the voter, by reason of |
836 | the voter's conviction of a felony or adjudication as mentally |
837 | incapacitated with respect to voting, by death of the voter, or |
838 | pursuant to a registration list maintenance program or other |
839 | registration list maintenance activity conducted pursuant to s. |
840 | 98.065 or, s. 98.075, or s. 98.0977. |
841 | (b)(2) Information received by a voter registration |
842 | official supervisor from an election official in another state |
843 | jurisdiction indicating that a registered voter in this state |
844 | the supervisor's county has registered to vote in that other |
845 | state jurisdiction shall be considered as a written request from |
846 | the voter to have the voter's name removed from the statewide |
847 | voter registration system books of the supervisor's county. |
848 | (3) PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding |
849 | the provisions of ss. 98.095 and 98.0977, Each supervisor shall |
850 | maintain for at least 2 years, and make available for public |
851 | inspection and copying, all records concerning implementation of |
852 | registration list maintenance programs and activities conducted |
853 | pursuant to ss. 98.065 and, 98.075, and 98.0977. The records |
854 | must include lists of the name and address of each person to |
855 | whom a an address confirmation final notice was sent and |
856 | information as to whether each such person responded to the |
857 | mailing, but may not include any information that is |
858 | confidential or exempt from public records requirements under |
859 | this code. |
860 | (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL |
861 | STREET ADDRESSES.-- |
862 | (a) The department shall compile and maintain a statewide |
863 | electronic database of valid residential street addresses from |
864 | the information provided by the supervisors of elections |
865 | pursuant to s. 98.015. The department shall evaluate the |
866 | information provided by the supervisors of elections to identify |
867 | any duplicate addresses and any address that may overlap county |
868 | boundaries. |
869 | (b) The department shall make the statewide database of |
870 | valid street addresses available to the Department of Highway |
871 | Safety and Motor Vehicles as provided in s. 97.057(10). The |
872 | Department of Highway Safety and Motor Vehicles shall use the |
873 | database for purposes of validating the legal residential |
874 | addresses provided in voter registration applications received |
875 | by the Department of Highway Safety and Motor Vehicles. |
876 | (5) FORMS.--The department may prescribe by rule forms |
877 | necessary to conduct maintenance of records in the statewide |
878 | voter registration system. |
879 | Section 19. Section 98.065, Florida Statutes, as amended |
880 | by chapter 2002-281, Laws of Florida, is amended to read: |
881 | 98.065 Registration list maintenance programs.-- |
882 | (1) The supervisor must conduct a general registration |
883 | list maintenance program to protect the integrity of the |
884 | electoral process by ensuring the maintenance of accurate and |
885 | current voter registration records in the statewide voter |
886 | registration system. The program must be uniform, |
887 | nondiscriminatory, and in compliance with the Voting Rights Act |
888 | of 1965, the National Voter Registration Act of 1993, and the |
889 | Help America Vote Act of 2002. As used in this subsection, the |
890 | term "nondiscriminatory" applies to and includes persons with |
891 | disabilities. |
892 | (2) A supervisor must incorporate one or more of the |
893 | following procedures in the supervisor's biennial registration |
894 | list maintenance program under which: |
895 | (a) Change-of-address information supplied by the United |
896 | States Postal Service through its licensees is used to identify |
897 | registered voters whose addresses might have changed; |
898 | (b) Change-of-address information is identified from |
899 | returned nonforwardable return-if-undeliverable mail sent to all |
900 | registered voters in the county; or |
901 | (c) Change-of-address information is identified from |
902 | returned nonforwardable return-if-undeliverable address |
903 | confirmation requests mailed to all registered voters who have |
904 | not voted in the last 2 years and who did not make a written |
905 | request that their registration records be updated during that |
906 | time. |
907 | (3) A registration list maintenance program must be |
908 | conducted by each supervisor, at a minimum, in each odd-numbered |
909 | year and must be completed not later than 90 days prior to the |
910 | date of any federal election. All list maintenance actions |
911 | associated with each voter must be entered, tracked, and |
912 | maintained in the statewide voter registration system. |
913 | (4)(a) If the supervisor receives change-of-address |
914 | information pursuant to the activities conducted in subsection |
915 | (2), from jury notices signed by the voter and returned to the |
916 | courts, from the Department of Highway Safety and Motor |
917 | Vehicles, or from other sources, which information indicates |
918 | that the legal address of a registered voter might have changed, |
919 | the supervisor shall send by forwardable return-if-undeliverable |
920 | mail an address confirmation notice to the address at which the |
921 | voter was last registered. A supervisor may also send an address |
922 | confirmation notice to any voter who the supervisor has reason |
923 | to believe has moved from his or her legal residence. |
924 | (b) The address confirmation notice shall contain a |
925 | postage prepaid preaddressed return form on which: |
926 | 1. If the voter has changed his or her address of legal |
927 | residence to a location outside the state, the voter shall mark |
928 | that the voter's legal residence has changed to a location |
929 | outside the state. The form shall also include information on |
930 | how to register in the new state in order to be eligible to |
931 | vote. The form must be returned within 30 days after the date of |
932 | the notice. The completed form shall constitute a request to be |
933 | removed from the statewide voter registration system. |
934 | 2. If the voter has changed his or her address of legal |
935 | residence to a location inside the state, the voter shall set |
936 | forth the updated or corrected address and submit the return |
937 | form within 30 days after the date of the notice. The completed |
938 | form shall constitute a request to update the statewide voter |
939 | registration system with the updated or corrected address |
940 | information. |
941 | 3. If the voter has not changed his or her address of |
942 | legal residence as printed on the address confirmation notice, |
943 | the voter shall confirm that his or her address of legal |
944 | residence has not changed and submit the form within 30 days |
945 | after the date of the notice. |
946 | (c) The supervisor must designate as inactive all voters |
947 | who have been sent an address confirmation notice and who have |
948 | not returned the postage prepaid preaddressed return form within |
949 | 30 days or for which an address confirmation notice has been |
950 | returned as undeliverable. Names on the inactive list may not be |
951 | used to calculate the number of signatures needed on any |
952 | petition. A voter on the inactive list may be restored to the |
953 | active list of voters upon the voter updating his or her |
954 | registration, requesting an absentee ballot, or appearing to |
955 | vote. However, if the voter does not update his or her voter |
956 | registration information, request an absentee ballot, or vote by |
957 | the second general election after being placed on the inactive |
958 | list, the voter's name shall be removed from the statewide voter |
959 | registration system and the voter shall be required to |
960 | reregister to have his or her name restored to the statewide |
961 | voter registration system. |
962 | (5) A notice may not be issued pursuant to this section |
963 | and a voter's name may not be removed from the statewide voter |
964 | registration system later than 90 days prior to the date of a |
965 | federal election. However, this section does not preclude the |
966 | removal of the name of a voter from the statewide voter |
967 | registration system at any time upon the voter's written |
968 | request, by reason of the voter's death, or upon a determination |
969 | of the voter's ineligibility as provided in s. 98.075(7). |
970 | (6)(a) No later than July 31 and January 31 of each year, |
971 | the supervisor must certify to the department the list |
972 | maintenance activities conducted during the first 6 months and |
973 | the second 6 months of the year, respectively, including the |
974 | number of address confirmation requests sent, the number of |
975 | voters designated as inactive, and the number of voters removed |
976 | from the statewide voter registration system. |
977 | (b) If, based on the certification provided pursuant to |
978 | paragraph (a), the department determines that a supervisor has |
979 | not conducted the list maintenance activities required by this |
980 | section, the department shall conduct the appropriate list |
981 | maintenance activities for that county. Failure to conduct list |
982 | maintenance activities as required in this section constitutes a |
983 | violation of s. 104.051. A voter's name may not be removed from |
984 | the registration books later than 90 days prior to the date of a |
985 | federal election. However, nothing in this section shall |
986 | preclude the removal of the name of a voter from the voter |
987 | registration books, at any time and without prior notification, |
988 | upon the written request of the voter, by reason of conviction |
989 | of the voter of a felony, by reason of adjudication of the voter |
990 | as mentally incapacitated with respect to voting, by reason of |
991 | the death of the voter, or upon a determination of ineligibility |
992 | as provided in s. 98.075(3). |
993 | (4) If the supervisor receives change-of-address |
994 | information from the United States Postal Service or its |
995 | licensees or from jury notices signed by the voter and returned |
996 | to the courts, which indicates that: |
997 | (a) The voter has moved within the supervisor's county, |
998 | the supervisor must change the registration records to show the |
999 | new address and must send the voter a notice of the change by |
1000 | forwardable mail, including a postage prepaid preaddressed |
1001 | return form with which the voter may verify or correct the |
1002 | address information. |
1003 | (b) The voter has moved outside the supervisor's county, |
1004 | or contains no forwarding address, the supervisor shall send an |
1005 | address confirmation final notice and remove the name of the |
1006 | voter from the registration record if that voter did not: |
1007 | 1. Return the postage prepaid preaddressed return form; |
1008 | 2. Appear to vote; |
1009 | 3. Change the voter's registration; or |
1010 | 4. Request an absentee ballot |
1011 |
|
1012 | during the period beginning on the date when the address |
1013 | confirmation final notice was sent and ending on the day after |
1014 | the date of the second general election thereafter. |
1015 | (5) The supervisor must designate as inactive all voters |
1016 | who have been sent an address confirmation final notice and who |
1017 | have not returned the postage prepaid preaddressed return form |
1018 | within 30 days. A voter on the inactive list must be allowed to |
1019 | vote and to change the voter's name or address of legal |
1020 | residence at the polls pursuant to s. 101.045. Names on the |
1021 | inactive list may not be used to calculate the number of |
1022 | signatures needed on any petition or the quantity of voting |
1023 | equipment needed. |
1024 | Section 20. Section 98.075, Florida Statutes, is amended |
1025 | to read: |
1026 | (Substantial rewording of section. See |
1027 | s. 98.075, F.S., for present text.) |
1028 | 98.075 Registration records maintenance activities; |
1029 | ineligibility determinations.-- |
1030 | (1) MAINTENANCE OF RECORDS.--The department shall protect |
1031 | the integrity of the electoral process by ensuring the |
1032 | maintenance of accurate and current voter registration records. |
1033 | List maintenance activities must be uniform, nondiscriminatory, |
1034 | and in compliance with the Voting Rights Act of 1965, the |
1035 | National Voter Registration Act of 1993, and the Help America |
1036 | Vote Act of 2002. The department may adopt by rule uniform |
1037 | standards and procedures to interpret and administer this |
1038 | section. |
1039 | (2) DUPLICATE REGISTRATION.--The department shall identify |
1040 | those voters who are registered more than once or those |
1041 | applicants whose registration applications would result in |
1042 | duplicate registrations. The most recent application shall be |
1043 | deemed an update to the voter registration record. |
1044 | (3) DECEASED PERSONS.--The department shall identify those |
1045 | registered voters who are deceased by comparing information on |
1046 | the lists of deceased persons received from the Department of |
1047 | Health as provided in s. 98.093. Upon receipt of such |
1048 | information through the statewide voter registration system, the |
1049 | supervisor shall remove the name of the registered voter. |
1050 | (4) ADJUDICATION OF MENTAL INCAPACITY.--The department |
1051 | shall identify those registered voters who have been adjudicated |
1052 | mentally incapacitated with respect to voting and who have not |
1053 | had their voting rights restored by comparing information |
1054 | received from the clerk of the circuit court as provided in s. |
1055 | 98.093. The department shall review such information and make an |
1056 | initial determination as to whether the information is credible |
1057 | and reliable. If the department determines that the information |
1058 | is credible and reliable, the department shall notify the |
1059 | supervisor and provide a copy of the supporting documentation |
1060 | indicating the potential ineligibility of the voter to be |
1061 | registered. Upon receipt of the notice that the department has |
1062 | made a determination of initial credibility and reliability, the |
1063 | supervisor shall adhere to the procedures set forth in |
1064 | subsection (7) prior to the removal of a registered voter from |
1065 | the statewide voter registration system. |
1066 | (5) FELONY CONVICTION.--The department shall identify |
1067 | those registered voters who have been convicted of a felony and |
1068 | whose rights have not been restored by comparing information |
1069 | received from, but not limited to, a clerk of the circuit court, |
1070 | the Board of Executive Clemency, the Department of Corrections, |
1071 | the Department of Law Enforcement, or a United States Attorney's |
1072 | Office, as provided in s. 98.093. The department shall review |
1073 | such information and make an initial determination as to whether |
1074 | the information is credible and reliable. If the department |
1075 | determines that the information is credible and reliable, the |
1076 | department shall notify the supervisor and provide a copy of the |
1077 | supporting documentation indicating the potential ineligibility |
1078 | of the voter to be registered. Upon receipt of the notice that |
1079 | the department has made a determination of initial credibility |
1080 | and reliability, the supervisor shall adhere to the procedures |
1081 | set forth in subsection (7) prior to the removal of a registered |
1082 | voter's name from the statewide voter registration system. |
1083 | (6) OTHER BASES FOR INELIGIBILITY.--If the department or |
1084 | supervisor receives information other than from the sources |
1085 | identified in subsections (2)-(5) that a registered voter does |
1086 | not meet the age requirement pursuant to s. 97.041, is not a |
1087 | United States citizen, is a fictitious person, or has listed a |
1088 | residence that is not his or her legal residence, the supervisor |
1089 | shall adhere to the procedures set forth in subsection (7) prior |
1090 | to the removal of a registered voter's name from the statewide |
1091 | voter registration system. |
1092 | (7) PROCEDURES FOR REMOVAL.-- |
1093 | (a) If the supervisor receives notice or information |
1094 | pursuant to subsections (4)-(6), the supervisor of the county in |
1095 | which the voter is registered shall: |
1096 | 1. Notify the registered voter of his or her potential |
1097 | ineligibility by mail within 7 days after receipt of notice or |
1098 | information. The notice shall include: |
1099 | a. A statement of the basis for the registered voter's |
1100 | potential ineligibility and a copy of any documentation upon |
1101 | which the potential ineligibility is based. |
1102 | b. A statement that failure to respond within 30 days |
1103 | after receipt of the notice may result in a determination of |
1104 | ineligibility and in removal of the registered voter's name from |
1105 | the statewide voter registration system. |
1106 | c. A return form that requires the registered voter to |
1107 | admit or deny the accuracy of the information underlying the |
1108 | potential ineligibility for purposes of a final determination by |
1109 | the supervisor. |
1110 | d. A statement that, if the voter is denying the accuracy |
1111 | of the information underlying the potential ineligibility, the |
1112 | voter has a right to request a hearing for the purpose of |
1113 | determining eligibility. |
1114 | e. Instructions for the registered voter to contact the |
1115 | supervisor of elections of the county in which the voter is |
1116 | registered if assistance is needed in resolving the matter. |
1117 | f. Instructions for seeking restoration of civil rights |
1118 | following a felony conviction, if applicable. |
1119 | 2. If the mailed notice is returned as undeliverable, the |
1120 | supervisor shall publish notice once in a newspaper of general |
1121 | circulation in the county in which the voter was last |
1122 | registered. The notice shall contain the following: |
1123 | a. The voter's name and address. |
1124 | b. A statement that the voter is potentially ineligible to |
1125 | be registered to vote. |
1126 | c. A statement that failure to respond within 30 days |
1127 | after the notice is published may result in a determination of |
1128 | ineligibility by the supervisor and removal of the registered |
1129 | voter's name from the statewide voter registration system. |
1130 | d. An instruction for the voter to contact the supervisor |
1131 | no later than 30 days after the date of the published notice to |
1132 | receive information regarding the basis for the potential |
1133 | ineligibility and the procedure to resolve the matter. |
1134 | e. An instruction to the voter that, if further assistance |
1135 | is needed, the voter should contact the supervisor of elections |
1136 | of the county in which the voter is registered. |
1137 | 3. If a registered voter fails to respond to a notice |
1138 | pursuant to subparagraph 1. or subparagraph 2., the supervisor |
1139 | shall make a final determination of the voter's eligibility. If |
1140 | the supervisor determines that the voter is ineligible, the |
1141 | supervisor shall remove the name of the registered voter from |
1142 | the statewide voter registration system. The supervisor shall |
1143 | notify the registered voter of the supervisor's determination |
1144 | and action. |
1145 | 4. If a registered voter responds to the notice pursuant |
1146 | to subparagraph 1. or subparagraph 2. and admits the accuracy of |
1147 | the information underlying the potential ineligibility, the |
1148 | supervisor shall make a final determination of ineligibility and |
1149 | shall remove the voter's name from the statewide voter |
1150 | registration system. The supervisor shall notify the registered |
1151 | voter of the supervisor's determination and action. |
1152 | 5. If a registered voter responds to the notice issued |
1153 | pursuant to subparagraph 1. or subparagraph 2. and denies the |
1154 | accuracy of the information underlying the potential |
1155 | ineligibility but does not request a hearing, the supervisor |
1156 | shall review the evidence and make a final determination of |
1157 | eligibility. If such registered voter requests a hearing, the |
1158 | supervisor shall send notice to the registered voter to attend a |
1159 | hearing at a time and place specified in the notice. Upon |
1160 | hearing all evidence presented at the hearing, the supervisor |
1161 | shall make a determination of eligibility. If the supervisor |
1162 | determines that the registered voter is ineligible, the |
1163 | supervisor shall remove the voter's name from the statewide |
1164 | voter registration system and notify the registered voter of the |
1165 | supervisor's determination and action. |
1166 | (b) The following shall apply to this subsection: |
1167 | 1. All determinations of eligibility shall be based on a |
1168 | preponderance of the evidence. |
1169 | 2. All proceedings are exempt from the provisions of |
1170 | chapter 120. |
1171 | 3. Any notice shall be sent to the registered voter by |
1172 | certified mail, return receipt requested, or other means that |
1173 | provides a verification of receipt or shall be published in a |
1174 | newspaper of general circulation where the voter was last |
1175 | registered, whichever is applicable. |
1176 | 4. The supervisor shall remove the name of any registered |
1177 | voter from the statewide voter registration system only after |
1178 | the supervisor makes a final determination that the voter is |
1179 | ineligible to vote. |
1180 | 5. Any voter whose name has been removed from the |
1181 | statewide voter registration system pursuant to a determination |
1182 | of ineligibility may appeal that determination under the |
1183 | provisions of s. 98.0755. |
1184 | 6. Any voter whose name was removed from the statewide |
1185 | voter registration system on the basis of a determination of |
1186 | ineligibility who subsequently becomes eligible to vote must |
1187 | reregister in order to have his or her name restored to the |
1188 | statewide voter registration system. |
1189 | (8) CERTIFICATION.-- |
1190 | (a) No later than July 31 and January 31 of each year, the |
1191 | supervisor shall certify to the department the activities |
1192 | conducted pursuant to this section during the first 6 months and |
1193 | the second 6 months of the year, respectively. The certification |
1194 | shall include the number of persons to whom notices were sent |
1195 | pursuant to subsection (7), the number of persons who responded |
1196 | to the notices, the number of notices returned as undeliverable, |
1197 | the number of notices published in the newspaper, the number of |
1198 | hearings conducted, and the number of persons removed from the |
1199 | statewide voter registration systems and the reasons for such |
1200 | removals. |
1201 | (b) If, based on the certification provided pursuant to |
1202 | paragraph (a), the department determines that a supervisor has |
1203 | not satisfied the requirements of this section, the department |
1204 | shall satisfy the appropriate requirements for that county. |
1205 | Failure to satisfy the requirements of this section shall |
1206 | constitute a violation of s. 104.051. |
1207 | Section 21. Section 98.0755, Florida Statutes, is created |
1208 | to read: |
1209 | 98.0755 Appeal of determination of ineligibility.--Appeal |
1210 | of the supervisor's determination of ineligibility pursuant to |
1211 | s. 98.075(7) may be taken to the circuit court in and for the |
1212 | county where the person was registered. Notice of appeal must be |
1213 | filed within the time and in the manner provided by the Florida |
1214 | Rules of Appellate Procedure and acts as supersedeas. Trial in |
1215 | the circuit court is de novo and governed by the rules of that |
1216 | court. Unless the person can show that his or her name was |
1217 | erroneously or illegally removed from the statewide voter |
1218 | registration system, or that he or she is indigent, the person |
1219 | must bear the costs of the trial in the circuit court. |
1220 | Otherwise, the cost of the appeal must be paid by the supervisor |
1221 | of elections. |
1222 | Section 22. Section 98.077, Florida Statutes, is amended |
1223 | to read: |
1224 | 98.077 Update of voter signature.-- |
1225 | (1) A registered voter may update his or her signature on |
1226 | file in the statewide voter registration system at any time |
1227 | using a voter registration application submitted to a voter |
1228 | registration official. |
1229 | (2) The department and supervisors supervisor of elections |
1230 | shall include in any correspondence, other than postcard |
1231 | notifications and notices relating to eligibility, sent to a |
1232 | provide to each registered voter information regarding of the |
1233 | county the opportunity to update his or her signature on file at |
1234 | the supervisor's office by providing notification of the ability |
1235 | to do so in any correspondence, other than postcard |
1236 | notifications, sent to the voter. The notice shall advise when, |
1237 | where, and how to update the voter's signature and shall provide |
1238 | the voter information on how to obtain a voter registration |
1239 | application form from a voter registration official which the |
1240 | supervisor that can be returned to update the signature. |
1241 | (3) In addition, At least once during each general |
1242 | election year, the supervisor shall publish in a newspaper of |
1243 | general circulation or other newspaper in the county deemed |
1244 | appropriate by the supervisor a notice specifying when, where, |
1245 | or how a voter can update his or her signature that is on file |
1246 | and or how a voter can obtain a voter registration application |
1247 | form from a voter registration official the supervisor to do so. |
1248 | (4) All signature updates for use in verifying absentee |
1249 | and provisional ballots must be received by the appropriate |
1250 | supervisor of elections no later than the start of the |
1251 | canvassing of absentee ballots by the canvassing board. The |
1252 | signature on file at the start of the canvass of the absentees |
1253 | is the signature that shall be used in verifying the signature |
1254 | on the absentee and provisional ballot certificates. |
1255 | Section 23. Section 98.081, Florida Statutes, is amended |
1256 | to read: |
1257 | 98.081 Names removed from the statewide voter registration |
1258 | system books; restrictions on reregistering; recordkeeping; |
1259 | restoration of erroneously or illegally removed names.-- |
1260 | (1) Any person who requested that his or her name be |
1261 | removed from the statewide voter registration system books |
1262 | between the book-closing date of the first primary and the date |
1263 | of the second primary may not register in a different political |
1264 | party until after the date of the second primary election. |
1265 | (2) When the name of any elector is removed from the |
1266 | statewide voter registration system books pursuant to s. 98.065 |
1267 | or, s. 98.075, or s. 98.093, the elector's original registration |
1268 | application form shall be retained by the supervisor of |
1269 | elections having custody of the application filed alphabetically |
1270 | in the office of the supervisor. As alternatives, registrations |
1271 | removed from the statewide voter registration system books may |
1272 | be microfilmed and such microfilms substituted for the original |
1273 | registration applications forms; or, when voter registration |
1274 | information, including the voter's signature, is maintained |
1275 | digitally or on electronic, magnetic, or optic media, such |
1276 | stored information may be substituted for the original |
1277 | registration application form. Such microfilms or stored |
1278 | information shall be retained by the supervisor of elections |
1279 | having in the custody of the supervisor. In the event the |
1280 | original registration applications forms are microfilmed or |
1281 | maintained digitally or on electronic or other media, such |
1282 | originals may be destroyed in accordance with the schedule |
1283 | approved by the Bureau of Archives and Records Management of the |
1284 | Division of Library and Information Services of the department. |
1285 | (3) When the name of any elector has been erroneously or |
1286 | illegally removed from the statewide voter registration system |
1287 | books, the name of the elector shall be restored by a voter |
1288 | registration official the supervisor upon satisfactory proof, |
1289 | even though the registration period for that election is closed. |
1290 | Section 24. Section 98.093, Florida Statutes, is amended |
1291 | to read: |
1292 | 98.093 Duty of officials to furnish lists of deceased |
1293 | persons, persons adjudicated mentally incapacitated, and persons |
1294 | convicted of a felony.-- |
1295 | (1) In order to ensure the maintenance of accurate and |
1296 | current voter registration records, it is necessary for the |
1297 | department to receive certain information from state and federal |
1298 | officials and entities. The department and supervisors of |
1299 | elections shall use the information provided from the sources in |
1300 | subsection (2) to maintain the voter registration records. |
1301 | (2) To the maximum extent feasible, state and local |
1302 | government agencies shall facilitate provision of information |
1303 | and access to data to the department, including, but not limited |
1304 | to, databases that contain reliable criminal records and records |
1305 | of deceased persons. State and local government agencies that |
1306 | provide such data shall do so without charge if the direct cost |
1307 | incurred by those agencies is not significant. |
1308 | (a) The Department of Health shall furnish monthly to the |
1309 | department each supervisor of elections a list containing the |
1310 | name, address, date of birth, date of death, social security |
1311 | number, race, and sex of each deceased person 17 years of age or |
1312 | older who was a resident of such supervisor's county. |
1313 | (b)(2) Each clerk of the circuit court shall furnish |
1314 | monthly to the department, at least once each month, deliver to |
1315 | each supervisor of elections a list of those persons who have |
1316 | been adjudicated mentally incapacitated with respect to voting |
1317 | during the preceding calendar month, a list of those persons |
1318 | whose mental capacity with respect to voting has been restored |
1319 | during the preceding calendar month, and a list of those persons |
1320 | who have returned signed jury notices during the preceding |
1321 | months to the clerk of the circuit court indicating a change of |
1322 | address. Each list shall include stating the name, address, date |
1323 | of birth, race, and sex, and, whichever is available, the |
1324 | Florida driver's license number, Florida identification card |
1325 | number, or social security number of each such person convicted |
1326 | of a felony during the preceding calendar month who was a |
1327 | resident of that supervisor's county, a list stating the name, |
1328 | address, date of birth, race, and sex of each person adjudicated |
1329 | mentally incapacitated with respect to voting during the |
1330 | preceding calendar month who was a resident of that supervisor's |
1331 | county, and a list stating the name, address, date of birth, |
1332 | race, and sex of each person whose mental capacity with respect |
1333 | to voting has been restored who was a resident of that |
1334 | supervisor's county. |
1335 | (c)(3) Upon receipt of information from the United States |
1336 | Attorney, listing persons convicted of a felony in federal |
1337 | court, the department shall use such information to identify |
1338 | registered voters or applicants for voter registration who may |
1339 | be potentially ineligible based on information provided in |
1340 | accordance with s. 98.075 immediately forward such information |
1341 | to the supervisor of elections for the county where the offender |
1342 | resides. |
1343 | (d) The Department of Law Enforcement shall furnish |
1344 | monthly to the department a list of those persons who have been |
1345 | convicted of a felony in the preceding month or any updates to |
1346 | prior records which have occurred in the preceding month. The |
1347 | list shall contain the name, address, date of birth, race, sex, |
1348 | date of conviction, county of conviction, and social security |
1349 | number and a unique identifier of each conviction of each |
1350 | person. |
1351 | (e) The Board of Executive Clemency shall furnish monthly |
1352 | to the department a list of those persons granted clemency in |
1353 | the preceding month or any updates to prior records which have |
1354 | occurred in the preceding month. The list shall contain the |
1355 | Board of Executive Clemency case number, name, address, date of |
1356 | birth, race, sex, social security number, if available, and |
1357 | references to record identifiers assigned by the Department of |
1358 | Corrections, a unique identifier of each clemency case, and the |
1359 | effective date of clemency of each person. |
1360 | (f) The Department of Corrections shall furnish monthly to |
1361 | the department a list of those persons transferred to the |
1362 | Department of Corrections in the preceding month or any updates |
1363 | to prior records which have occurred in the preceding month. The |
1364 | list shall contain the name, address, date of birth, race, sex, |
1365 | social security number, Department of Corrections record |
1366 | identification number, and associated Department of Law |
1367 | Enforcement felony conviction record number of each person. |
1368 | (g) The Department of Highway Safety and Motor Vehicles |
1369 | shall furnish monthly to the department a list of those persons |
1370 | whose names have been removed from the driver's license database |
1371 | because they have been licensed in another state. The list shall |
1372 | contain the name, address, date of birth, sex, social security |
1373 | number, and driver's license number of each such person. |
1374 | (4) Upon receipt of any such list, the supervisor shall |
1375 | remove from the registration books the name of any person listed |
1376 | who is deceased, convicted of a felony, or adjudicated mentally |
1377 | incapacitated with respect to voting. A person who has had his |
1378 | or her mental capacity with respect to voting restored or who |
1379 | has had his or her right to vote restored after conviction of a |
1380 | felony shall be required to reregister to have his or her name |
1381 | restored to the registration books. |
1382 | (3)(5) Nothing in this section shall limit or restrict the |
1383 | supervisor in his or her duty to remove the names of such |
1384 | persons from the statewide voter registration system pursuant to |
1385 | s. 98.075(7) based upon books after verification of information |
1386 | received from other sources. |
1387 | Section 25. Section 98.212, Florida Statutes, is amended |
1388 | to read: |
1389 | 98.212 Department and supervisors to furnish statistical |
1390 | and other information.-- |
1391 | (1)(a) Upon written request, the department and any |
1392 | supervisor of the respective counties supervisors shall, as |
1393 | promptly as possible, furnish to recognized public or private |
1394 | universities and senior colleges within the state, to state or |
1395 | county governmental agencies, and to recognized political party |
1396 | committees statistical information for the purpose of analyzing |
1397 | election returns and results. |
1398 | (b) The department and any supervisor Supervisors may |
1399 | require reimbursement for any part or all of the actual expenses |
1400 | of supplying any information requested under paragraph (a). For |
1401 | the purposes of this subsection, the department and supervisors |
1402 | may use the services of any research and statistical personnel |
1403 | that may be supplied. |
1404 | (c) Lists of names submitted to the department and any |
1405 | supervisor of the respective counties supervisors for indication |
1406 | of registration or nonregistration or of party affiliation shall |
1407 | be processed at any time at cost, except that in no case shall |
1408 | the charge exceed 10 cents for each name on which the |
1409 | information is furnished. |
1410 | (2) The supervisors shall provide information as requested |
1411 | by the department for program evaluation and reporting to the |
1412 | Federal Election Assistance Commission pursuant to federal law |
1413 | the National Voter Registration Act of 1993. |
1414 | Section 26. Section 98.461, Florida Statutes, is amended |
1415 | to read: |
1416 | 98.461 Registration application form, precinct register; |
1417 | contents.-- |
1418 | (1) A registration application form, approved by the |
1419 | Department of State, containing the information required in s. |
1420 | 97.052 shall be retained by the supervisor of elections of the |
1421 | county of the applicant's registration filed alphabetically in |
1422 | the office of the supervisor as the master list of electors of |
1423 | the county. However, the registration application forms may be |
1424 | microfilmed and such microfilm microfilms substituted for the |
1425 | original registration application forms; or, when voter |
1426 | registration information, including the voter's signature, is |
1427 | maintained digitally or on electronic, magnetic, or optic media, |
1428 | such stored information may be substituted for the original |
1429 | registration application form. Such microfilms or stored |
1430 | information shall be retained in the custody of the supervisor |
1431 | of elections of the county of the applicant's registration. In |
1432 | the event the original registration applications forms are |
1433 | microfilmed or maintained digitally or on electronic or other |
1434 | media, such originals may be destroyed in accordance with the |
1435 | schedule approved by the Bureau of Archives and Records |
1436 | Management of the Division of Library and Information Services |
1437 | of the Department of State. As an alternative, the information |
1438 | from the registration form, including the signature, may be |
1439 | electronically reproduced and stored as provided in s. 98.451. |
1440 | (2) A computer printout or electronic database shall be |
1441 | used at the polls as a precinct register in lieu of the |
1442 | registration books. The precinct register shall contain the date |
1443 | of the election, the precinct number, and the following |
1444 | information concerning each registered elector: last name, first |
1445 | name, and middle name or initial, and suffix; party affiliation; |
1446 | residence address; registration number; date of birth; sex, if |
1447 | provided; race, if provided; whether the voter needs assistance |
1448 | in voting; and such other additional information as to readily |
1449 | identify the elector. The precinct register shall also contain a |
1450 | space for the elector's signature and a space for the initials |
1451 | of the witnessing clerk or inspector or an electronic device may |
1452 | be provided for this purpose. |
1453 | Section 27. Effective January 1, 2007, section 100.371, |
1454 | Florida Statutes, as amended by section 9 of chapter 2002-281, |
1455 | Laws of Florida, is amended to read: |
1456 | 100.371 Initiatives; procedure for placement on ballot.-- |
1457 | (1) Constitutional amendments proposed by initiative shall |
1458 | be placed on the ballot for the general election provided the |
1459 | initiative has been filed with occurring in excess of 90 days |
1460 | from the certification of ballot position by the Secretary of |
1461 | State no later than February 1 of the year the general election |
1462 | is held. A petition shall be deemed to be filed with the |
1463 | Secretary of State upon the date the secretary determines that |
1464 | the petition has been signed by the constitutionally required |
1465 | number of electors. |
1466 | (2) Such certification shall be issued when the Secretary |
1467 | of State has received verification certificates from the |
1468 | supervisors of elections indicating that the requisite number |
1469 | and distribution of valid signatures of electors have been |
1470 | submitted to and verified by the supervisors. Every signature |
1471 | shall be dated when made and shall be valid for a period of 4 |
1472 | years following such date, provided all other requirements of |
1473 | law are complied with. |
1474 | (2)(3) The sponsor of an initiative amendment shall, prior |
1475 | to obtaining any signatures, register as a political committee |
1476 | pursuant to s. 106.03 and submit the text of the proposed |
1477 | amendment to the Secretary of State, with the form on which the |
1478 | signatures will be affixed, and shall obtain the approval of the |
1479 | Secretary of State of such form. The Secretary of State shall |
1480 | adopt rules pursuant to s. 120.54 prescribing the style and |
1481 | requirements of such form. Upon filing with the Secretary of |
1482 | State, the text of the proposed amendment and all forms filed in |
1483 | connection with this section must, upon request, be made |
1484 | available in alternative formats. |
1485 | (3)(4) Each signature shall be dated when made and shall |
1486 | be valid for a period of 4 years following such date, provided |
1487 | all other requirements of law are met. The sponsor shall submit |
1488 | signed and dated forms to the appropriate supervisor of |
1489 | elections for verification as to the number of registered |
1490 | electors whose valid signatures appear thereon. The supervisor |
1491 | shall promptly verify the signatures upon payment of the fee |
1492 | required by s. 99.097. The supervisor shall promptly record each |
1493 | valid signature in the statewide voter registration system in |
1494 | the manner prescribed by the Secretary of State. Upon completion |
1495 | of verification, the supervisor shall execute a certificate |
1496 | indicating the total number of signatures checked, the number of |
1497 | signatures verified as valid and as being of registered |
1498 | electors, and the distribution by congressional district. This |
1499 | certificate shall be immediately transmitted to the Secretary of |
1500 | State. The supervisor shall retain the signature forms for at |
1501 | least 1 year following the election in which the issue appeared |
1502 | on the ballot or until the Division of Elections notifies the |
1503 | supervisors of elections that the committee which circulated the |
1504 | petition is no longer seeking to obtain ballot position. |
1505 | (4)(5) The Secretary of State shall determine from the |
1506 | signatures verified by the verification certificates received |
1507 | from supervisors of elections and recorded in the statewide |
1508 | voter registration system the total number of verified valid |
1509 | signatures and the distribution of such signatures by |
1510 | congressional districts. Upon a determination that the requisite |
1511 | number and distribution of valid signatures have been obtained, |
1512 | the secretary shall issue a certificate of ballot position for |
1513 | that proposed amendment and shall assign a designating number |
1514 | pursuant to s. 101.161. A petition shall be deemed to be filed |
1515 | with the Secretary of State upon the date of the receipt by the |
1516 | secretary of a certificate or certificates from supervisors of |
1517 | elections indicating the petition has been signed by the |
1518 | constitutionally required number of electors. |
1519 | (5)(6)(a) Within 45 days after receipt of a proposed |
1520 | revision or amendment to the State Constitution by initiative |
1521 | petition from the Secretary of State or, within 30 days after |
1522 | such receipt if receipt occurs 120 days or less before the |
1523 | election at which the question of ratifying the amendment will |
1524 | be presented, the Financial Impact Estimating Conference shall |
1525 | complete an analysis and financial impact statement to be placed |
1526 | on the ballot of the estimated increase or decrease in any |
1527 | revenues or costs to state or local governments resulting from |
1528 | the proposed initiative. The Financial Impact Estimating |
1529 | Conference shall submit the financial impact statement to the |
1530 | Attorney General and Secretary of State. |
1531 | (b)1. The Financial Impact Estimating Conference shall |
1532 | provide an opportunity for any proponents or opponents of the |
1533 | initiative to submit information and may solicit information or |
1534 | analysis from any other entities or agencies, including the |
1535 | Office of Economic and Demographic Research. All meetings of the |
1536 | Financial Impact Estimating Conference shall be open to the |
1537 | public as provided in chapter 286. |
1538 | 2. The Financial Impact Estimating Conference is |
1539 | established to review, analyze, and estimate the financial |
1540 | impact of amendments to or revisions of the State Constitution |
1541 | proposed by initiative. The Financial Impact Estimating |
1542 | Conference shall consist of four principals: one person from the |
1543 | Executive Office of the Governor; the coordinator of the Office |
1544 | of Economic and Demographic Research, or his or her designee; |
1545 | one person from the professional staff of the Senate; and one |
1546 | person from the professional staff of the House of |
1547 | Representatives. Each principal shall have appropriate fiscal |
1548 | expertise in the subject matter of the initiative. A Financial |
1549 | Impact Estimating Conference may be appointed for each |
1550 | initiative. |
1551 | 3. Principals of the Financial Impact Estimating |
1552 | Conference shall reach a consensus or majority concurrence on a |
1553 | clear and unambiguous financial impact statement, no more than |
1554 | 75 words in length, and immediately submit the statement to the |
1555 | Attorney General. Nothing in this subsection prohibits the |
1556 | Financial Impact Estimating Conference from setting forth a |
1557 | range of potential impacts in the financial impact statement. |
1558 | Any financial impact statement that a court finds not to be in |
1559 | accordance with this section shall be remanded solely to the |
1560 | Financial Impact Estimating Conference for redrafting. The |
1561 | Financial Impact Estimating Conference shall redraft the |
1562 | financial impact statement within 15 days. |
1563 | 4. If the members of the Financial Impact Estimating |
1564 | Conference are unable to agree on the statement required by this |
1565 | subsection, or if the Supreme Court has rejected the initial |
1566 | submission by the Financial Impact Estimating Conference and no |
1567 | redraft has been approved by the Supreme Court by 5 p.m. on the |
1568 | 75th day before the election, the following statement shall |
1569 | appear on the ballot pursuant to s. 101.161(1): "The financial |
1570 | impact of this measure, if any, cannot be reasonably determined |
1571 | at this time." |
1572 | (c) The financial impact statement must be separately |
1573 | contained and be set forth after the ballot summary as required |
1574 | in s. 101.161(1). |
1575 | (d)1. Any financial impact statement that the Supreme |
1576 | Court finds not to be in accordance with this subsection shall |
1577 | be remanded solely to the Financial Impact Estimating Conference |
1578 | for redrafting, provided the court's advisory opinion is |
1579 | rendered at least 75 days before the election at which the |
1580 | question of ratifying the amendment will be presented. The |
1581 | Financial Impact Estimating Conference shall prepare and adopt a |
1582 | revised financial impact statement no later than 5 p.m. on the |
1583 | 15th day after the date of the court's opinion. |
1584 | 2. If, by 5 p.m. on the 75th day before the election, the |
1585 | Supreme Court has not issued an advisory opinion on the initial |
1586 | financial impact statement prepared by the Financial Impact |
1587 | Estimating Conference for an initiative amendment that otherwise |
1588 | meets the legal requirements for ballot placement, the financial |
1589 | impact statement shall be deemed approved for placement on the |
1590 | ballot. |
1591 | 3. In addition to the financial impact statement required |
1592 | by this subsection, the Financial Impact Estimating Conference |
1593 | shall draft an initiative financial information statement. The |
1594 | initiative financial information statement should describe in |
1595 | greater detail than the financial impact statement any projected |
1596 | increase or decrease in revenues or costs that the state or |
1597 | local governments would likely experience if the ballot measure |
1598 | were approved. If appropriate, the initiative financial |
1599 | information statement may include both estimated dollar amounts |
1600 | and a description placing the estimated dollar amounts into |
1601 | context. The initiative financial information statement must |
1602 | include both a summary of not more than 500 words and additional |
1603 | detailed information that includes the assumptions that were |
1604 | made to develop the financial impacts, workpapers, and any other |
1605 | information deemed relevant by the Financial Impact Estimating |
1606 | Conference. |
1607 | 4. The Department of State shall have printed, and shall |
1608 | furnish to each supervisor of elections, a copy of the summary |
1609 | from the initiative financial information statements. The |
1610 | supervisors shall have the summary from the initiative financial |
1611 | information statements available at each polling place and at |
1612 | the main office of the supervisor of elections upon request. |
1613 | 5. The Secretary of State and the Office of Economic and |
1614 | Demographic Research shall make available on the Internet each |
1615 | initiative financial information statement in its entirety. In |
1616 | addition, each supervisor of elections whose office has a |
1617 | website shall post the summary from each initiative financial |
1618 | information statement on the website. Each supervisor shall |
1619 | include the Internet addresses for the information statements on |
1620 | the Secretary of State's and the Office of Economic and |
1621 | Demographic Research's websites in the publication or mailing |
1622 | required by s. 101.20. |
1623 | (6)(7) The Department of State may adopt rules in |
1624 | accordance with s. 120.54 to carry out the provisions of |
1625 | subsections (1)-(5) (1)-(6). |
1626 | Section 28. Subsections (1) and (3) of section 101.043, |
1627 | Florida Statutes, are amended to read: |
1628 | 101.043 Identification required at polls.-- |
1629 | (1) The precinct register, as prescribed in s. 98.461, |
1630 | shall be used at the polls in lieu of the registration books for |
1631 | the purpose of identifying the elector at the polls prior to |
1632 | allowing him or her to vote. The clerk or inspector shall |
1633 | require each elector, upon entering the polling place, to |
1634 | present one of the following a current and valid picture |
1635 | identifications: |
1636 | (a) Florida driver's license. |
1637 | (b) Florida identification card issued by the Department |
1638 | of Highway Safety and Motor Vehicles. |
1639 | (c) United States passport. |
1640 | (d) Employee badge or identification. |
1641 | (e) Buyer's club identification. |
1642 | (f) Debit or credit card. |
1643 | (g) Military identification. |
1644 | (h) Student identification. |
1645 | (i) Retirement center identification. |
1646 | (j) Neighborhood association identification. |
1647 | (k) Entertainment identification. |
1648 | (l) Public assistance identification as provided in s. |
1649 | 97.0535(3)(a). |
1650 |
|
1651 | If the picture identification does not contain the signature of |
1652 | the voter, an additional identification that provides the |
1653 | voter's signature shall be required. The elector shall sign his |
1654 | or her name in the space provided on the precinct register or on |
1655 | an electronic device provided for recording the voter's |
1656 | signature., and The clerk or inspector shall compare the |
1657 | signature with that on the identification provided by the |
1658 | elector and enter his or her initials in the space provided on |
1659 | the precinct register or on an electronic device provided for |
1660 | that purpose and allow the elector to vote if the clerk or |
1661 | inspector is satisfied as to the identity of the elector. |
1662 | (3) If the elector who fails to furnish the required |
1663 | identification is an elector subject to s. 97.0535 a first-time |
1664 | voter who registered by mail and has not provided the required |
1665 | identification to a voter registration official the supervisor |
1666 | of elections prior to election day, the elector shall be allowed |
1667 | to vote a provisional ballot. The canvassing board shall |
1668 | determine the validity of the ballot pursuant to s. 101.048(2). |
1669 | Section 29. Subsections (2) and (3) of section 101.045, |
1670 | Florida Statutes, are amended to read: |
1671 | 101.045 Electors must be registered in precinct; |
1672 | provisions for residence or name change.-- |
1673 | (2)(a) An elector who moves from the precinct within the |
1674 | county in which the elector is registered may be permitted to |
1675 | vote in the precinct to which he or she has moved his or her |
1676 | legal residence, provided such elector completes an affirmation |
1677 | in substantially the following form: |
1678 | Change of Legal Residence of Registered |
1679 | Voter |
1680 |
|
1681 |
|
1682 | Under penalties for false swearing, I, (Name of voter) , swear |
1683 | (or affirm) that the former address of my legal residence was |
1684 | (Address of legal residence) in the municipality of _____, in |
1685 | _____ County, Florida, and I was registered to vote in the _____ |
1686 | precinct of _____ County, Florida; that I have not voted in the |
1687 | precinct of my former registration in this election; that I now |
1688 | reside at (Address of legal residence) in the Municipality of |
1689 | _____, in _____ County, Florida, and am therefore eligible to |
1690 | vote in the _____ precinct of _____ County, Florida; and I |
1691 | further swear (or affirm) that I am otherwise legally registered |
1692 | and entitled to vote. |
1693 |
|
1694 | (Signature of voter whose address of legal |
1695 | residence has changed) |
1696 |
|
1697 | (b) An elector whose name changes because of marriage or |
1698 | other legal process may be permitted to vote, provided such |
1699 | elector completes an affirmation in substantially the following |
1700 | form: |
1701 | Change of Name of Registered |
1702 | Voter |
1703 |
|
1704 |
|
1705 | Under penalties for false swearing, I, |
1706 | (New name of voter) , swear (or affirm) that my name has been |
1707 | changed |
1708 | because of marriage or other legal process. My former name and |
1709 | address of legal residence appear on the registration records |
1710 | books of precinct _____ as follows: |
1711 |
|
1712 | Name |
1713 |
|
1714 | Address |
1715 |
|
1716 | Municipality |
1717 |
|
1718 | County |
1719 |
|
1720 | Florida, Zip |
1721 |
|
1722 | My present name and address of legal residence are as follows: |
1723 |
|
1724 | Name |
1725 |
|
1726 | Address |
1727 |
|
1728 | Municipality |
1729 |
|
1730 | County |
1731 |
|
1732 | Florida, Zip |
1733 |
|
1734 | and I further swear (or affirm) that I am otherwise legally |
1735 | registered and entitled to vote. |
1736 | (Signature of voter whose name has changed) |
1737 |
|
1738 | (c) Such affirmation, when completed and presented at the |
1739 | precinct in which such elector is entitled to vote, and upon |
1740 | verification of the elector's registration, shall entitle such |
1741 | elector to vote as provided in this subsection. If the elector's |
1742 | eligibility to vote cannot be determined, he or she shall be |
1743 | entitled to vote a provisional ballot, subject to the |
1744 | requirements and procedures in s. 101.048. Upon receipt of an |
1745 | affirmation certifying a change in address of legal residence or |
1746 | name, the supervisor shall as soon as practicable make the |
1747 | necessary changes in the statewide voter registration system |
1748 | records of the county to indicate the change in address of legal |
1749 | residence or name of such elector. |
1750 | (d) Instead of the affirmation contained in paragraph (a) |
1751 | or paragraph (b), an elector may complete a voter registration |
1752 | application that indicates the change of name or change of |
1753 | address of legal residence. |
1754 | (e) A request for an absentee ballot pursuant to s. 101.62 |
1755 | which indicates that the elector has had a change of address of |
1756 | legal residence from that in the supervisor's records shall be |
1757 | sufficient as the notice to the supervisor of change of address |
1758 | of legal residence required by this section. Upon receipt of |
1759 | such request for an absentee ballot from an elector who has |
1760 | changed his or her address of legal residence, the supervisor |
1761 | shall provide the elector with the proper ballot for the |
1762 | precinct in which the elector then has his or her legal |
1763 | residence. |
1764 | (3) When an elector's name does not appear on the |
1765 | registration books of the election precinct in which the elector |
1766 | is registered, the elector may have his or her name restored if |
1767 | the supervisor is otherwise satisfied that the elector is |
1768 | validly registered, that the elector's name has been erroneously |
1769 | omitted from the books, and that the elector is entitled to have |
1770 | his or her name restored. The supervisor, if he or she is |
1771 | satisfied as to the elector's previous registration, shall allow |
1772 | such person to vote and shall thereafter issue a duplicate |
1773 | registration identification card. |
1774 | Section 30. Subsection (1) of section 101.048, Florida |
1775 | Statutes, is amended to read: |
1776 | 101.048 Provisional ballots.-- |
1777 | (1) At all elections, a voter claiming to be properly |
1778 | registered in the state county and eligible to vote at the |
1779 | precinct in the election, but whose eligibility cannot be |
1780 | determined, and other persons specified in the code shall be |
1781 | entitled to vote a provisional ballot. Once voted, the |
1782 | provisional ballot shall be placed in a secrecy envelope and |
1783 | thereafter sealed in a provisional ballot envelope. The |
1784 | provisional ballot shall be deposited in a ballot box. All |
1785 | provisional ballots shall remain sealed in their envelopes for |
1786 | return to the supervisor of elections. The department shall |
1787 | prescribe the form of the provisional ballot envelope. |
1788 | Section 31. Subsection (1) of section 101.161, Florida |
1789 | Statutes, is amended to read: |
1790 | 101.161 Referenda; ballots.-- |
1791 | (1) Whenever a constitutional amendment or other public |
1792 | measure is submitted to the vote of the people, the substance of |
1793 | such amendment or other public measure shall be printed in clear |
1794 | and unambiguous language on the ballot after the list of |
1795 | candidates, followed by the word "yes" and also by the word |
1796 | "no," and shall be styled in such a manner that a "yes" vote |
1797 | will indicate approval of the proposal and a "no" vote will |
1798 | indicate rejection. The wording of the substance of the |
1799 | amendment or other public measure and the ballot title to appear |
1800 | on the ballot shall be embodied in the joint resolution, |
1801 | constitutional revision commission proposal, constitutional |
1802 | convention proposal, taxation and budget reform commission |
1803 | proposal, or enabling resolution or ordinance. Except for |
1804 | amendments and ballot language proposed by joint resolution, the |
1805 | substance of the amendment or other public measure shall be an |
1806 | explanatory statement, not exceeding 75 words in length, of the |
1807 | chief purpose of the measure. In addition, for every amendment |
1808 | proposed by initiative, the ballot shall include, following the |
1809 | ballot summary, a separate financial impact statement concerning |
1810 | the measure prepared by the Financial Impact Estimating |
1811 | Conference in accordance with s. 100.371(5)(6). The ballot title |
1812 | shall consist of a caption, not exceeding 15 words in length, by |
1813 | which the measure is commonly referred to or spoken of. |
1814 | Section 32. Subsection (2) of section 101.56062, Florida |
1815 | Statutes, as created by chapter 2002-281, Laws of Florida, is |
1816 | amended to read: |
1817 | 101.56062 Standards for accessible voting systems.-- |
1818 | (2) Such voting system must include at least one |
1819 | accessible voter interface device installed in each polling |
1820 | place precinct which meets the requirements of this section, |
1821 | except for paragraph (1)(d). |
1822 | Section 33. Subsection (1) of section 101.5608, Florida |
1823 | Statutes, is amended to read: |
1824 | 101.5608 Voting by electronic or electromechanical method; |
1825 | procedures.-- |
1826 | (1) Each elector desiring to vote shall be identified to |
1827 | the clerk or inspector of the election as a duly qualified |
1828 | elector of such election and shall sign his or her name on the |
1829 | in ink or indelible pencil to an identification blank, signature |
1830 | slip, precinct register, or other form or device provided by the |
1831 | supervisor ballot stub on which the ballot serial number may be |
1832 | recorded. The inspector shall compare the signature with the |
1833 | signature on the identification provided by the elector. If the |
1834 | inspector is reasonably sure that the person is entitled to |
1835 | vote, the inspector shall provide the person with a ballot. |
1836 | Section 34. Effective August 1, 2006, section 101.573, |
1837 | Florida Statutes, is created to read: |
1838 | 101.573 Record of votes by precinct.-- |
1839 | (1) Within 75 days after the date of a municipal election |
1840 | or runoff, whichever occurs later, a presidential preference |
1841 | primary, or a general election, the supervisor of elections |
1842 | shall file with the Department of State precinct-level election |
1843 | results for that election cycle, including any primary |
1844 | elections. Precinct-level election results shall record for each |
1845 | precinct the returns of ballots cast at the precinct location to |
1846 | which have been added the returns of absentee and early ballots |
1847 | cast by voters registered in the precinct. |
1848 | (2) The Department of State shall adopt rules pursuant to |
1849 | ss. 120.536(1) and 120.54 prescribing the form by which |
1850 | supervisors of elections shall submit election results for each |
1851 | precinct. |
1852 | Section 35. Paragraph (a) of subsection (4) of section |
1853 | 101.62, Florida Statutes, is amended to read: |
1854 | 101.62 Request for absentee ballots.-- |
1855 | (4)(a) To each absent qualified elector overseas who has |
1856 | requested an absentee ballot, the supervisor of elections shall, |
1857 | not fewer than 35 days before the first primary election, mail |
1858 | an absentee ballot. Not fewer than 45 days before the second |
1859 | primary and general election, the supervisor of elections shall |
1860 | mail an advance absentee ballot to those persons requesting |
1861 | ballots for such elections. The advance absentee ballot for the |
1862 | second primary shall be the same as the first primary absentee |
1863 | ballot as to the names of candidates, except that for any |
1864 | offices where there are only two candidates, those offices and |
1865 | all political party executive committee offices shall be |
1866 | omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6), |
1867 | the advance absentee ballot for the general election shall be as |
1868 | specified in s. 101.151, except that in the case of candidates |
1869 | of political parties where nominations were not made in the |
1870 | first primary, the names of the candidates placing first and |
1871 | second in the first primary election shall be printed on the |
1872 | advance absentee ballot. The advance absentee ballot or advance |
1873 | absentee ballot information booklet shall be of a different |
1874 | color for each election and also a different color from the |
1875 | absentee ballots for the first primary, second primary, and |
1876 | general election. The supervisor shall mail an advance absentee |
1877 | ballot for the second primary and general election to each |
1878 | qualified absent elector for whom a request is received until |
1879 | the absentee ballots are printed. The supervisor shall enclose |
1880 | with the advance second primary absentee ballot and advance |
1881 | general election absentee ballot an explanation stating that the |
1882 | absentee ballot for the election will be mailed as soon as it is |
1883 | printed; and, if both the advance absentee ballot and the |
1884 | absentee ballot for the election are returned in time to be |
1885 | counted, only the absentee ballot will be counted. The |
1886 | Department of State may prescribe by rule the requirements for |
1887 | preparing and mailing absentee ballots to absent qualified |
1888 | electors overseas. |
1889 | Section 36. Subsection (3) is added to section 101.64, |
1890 | Florida Statutes, to read: |
1891 | 101.64 Delivery of absentee ballots; envelopes; form.-- |
1892 | (3) The supervisor shall mark, code, indicate on, or |
1893 | otherwise track the precinct of the absent elector for each |
1894 | absentee ballot. |
1895 | Section 37. Paragraph (a) of subsection (1) of section |
1896 | 101.657, Florida Statutes, is amended to read: |
1897 | 101.657 Early voting.-- |
1898 | (1)(a) The supervisor of elections shall allow an elector |
1899 | to vote early in the main or branch office of the supervisor by |
1900 | depositing the voted ballot in a voting device used by the |
1901 | supervisor to collect or tabulate ballots. The supervisor shall |
1902 | mark, code, indicate on, or otherwise track the voter's precinct |
1903 | for each early voted ballot. In order for a branch office to be |
1904 | used for early voting, it shall be a full-service facility of |
1905 | the supervisor and shall have been designated as such at least 1 |
1906 | year prior to the election. The supervisor may designate any |
1907 | city hall or public library as early voting sites; however, if |
1908 | so designated, the sites must be geographically located so as to |
1909 | provide all voters in the county an equal opportunity to cast a |
1910 | ballot, insofar as is practicable. The results or tabulation may |
1911 | not be made before the close of the polls on election day. |
1912 | Section 38. Section 101.663, Florida Statutes, is amended |
1913 | to read: |
1914 | 101.663 Electors; change of residence to another state.-- |
1915 | (1) An elector who changes his or her residence to another |
1916 | county in Florida from the county in Florida in which he or she |
1917 | is registered as an elector after the books in the county to |
1918 | which the elector has changed his or her residence are closed |
1919 | for any general, primary, or special election shall be permitted |
1920 | to vote absentee in the county of his or her former residence in |
1921 | that election for President and Vice President, United States |
1922 | Senator, statewide offices, and statewide issues. Such person |
1923 | shall not be permitted to vote in the county of the person's |
1924 | former residence after the general election. |
1925 | (2) An elector registered in this state who moves his or |
1926 | her permanent residence to another state and who is prohibited |
1927 | by the laws of that state from voting for the offices of |
1928 | President and Vice President of the United States shall be |
1929 | permitted to vote absentee in the county of his or her former |
1930 | residence for those offices. |
1931 | Section 39. Subsection (1) of section 101.6921, Florida |
1932 | Statutes, is amended to read: |
1933 | 101.6921 Delivery of special absentee ballot to certain |
1934 | first-time voters.-- |
1935 | (1) The provisions of this section apply to voters who are |
1936 | subject to the provisions of s. 97.0535 registered to vote by |
1937 | mail, who have not previously voted in the county, and who have |
1938 | not provided the identification or certification required by s. |
1939 | 97.0535 by the time the absentee ballot is mailed. |
1940 | Section 40. Section 101.6923, Florida Statutes, is amended |
1941 | to read: |
1942 | 101.6923 Special absentee ballot instructions for certain |
1943 | first-time voters.-- |
1944 | (1) The provisions of this section apply to voters who are |
1945 | subject to the provisions of s. 97.0535 registered to vote by |
1946 | mail, who have not previously voted in the county, and who have |
1947 | not provided the identification or information required by s. |
1948 | 97.0535 by the time the absentee ballot is mailed. |
1949 | (2) A voter covered by this section shall be provided with |
1950 | the following printed instructions with his or her absentee |
1951 | ballot in substantially the following form: |
1952 | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. |
1953 | FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT |
1954 | TO COUNT. |
1955 | 1. In order to ensure that your absentee ballot will be |
1956 | counted, it should be completed and returned as soon as possible |
1957 | so that it can reach the supervisor of elections of the county |
1958 | in which your precinct is located no later than 7 p.m. on the |
1959 | date of the election. |
1960 | 2. Mark your ballot in secret as instructed on the ballot. |
1961 | You must mark your own ballot unless you are unable to do so |
1962 | because of blindness, disability, or inability to read or write. |
1963 | 3. Mark only the number of candidates or issue choices for |
1964 | a race as indicated on the ballot. If you are allowed to "Vote |
1965 | for One" candidate and you vote for more than one, your vote in |
1966 | that race will not be counted. |
1967 | 4. Place your marked ballot in the enclosed secrecy |
1968 | envelope and seal the envelope. |
1969 | 5. Insert the secrecy envelope into the enclosed envelope |
1970 | bearing the Voter's Certificate. Seal the envelope and |
1971 | completely fill out the Voter's Certificate on the back of the |
1972 | envelope. |
1973 | a. You must sign your name on the line above (Voter's |
1974 | Signature). |
1975 | b. If you are an overseas voter, you must include the date |
1976 | you signed the Voter's Certificate on the line above (Date) or |
1977 | your ballot may not be counted. |
1978 | 6. Unless you meet one of the exemptions in Item 7., you |
1979 | must make a copy of one of the following forms of |
1980 | identification: |
1981 | a. Identification which must include your name and |
1982 | photograph: current and valid Florida driver's license; Florida |
1983 | identification card issued by the Department of Highway Safety |
1984 | and Motor Vehicles; United States passport; employee badge or |
1985 | identification; buyer's club identification card; debit or |
1986 | credit card; military identification; student identification; |
1987 | retirement center identification; neighborhood association |
1988 | identification; entertainment identification; or public |
1989 | assistance identification; or |
1990 | b. Identification which shows your name and current |
1991 | residence address: current utility bill, bank statement, |
1992 | government check, paycheck, or government document (excluding |
1993 | voter identification card). |
1994 | 7. The identification requirements of Item 6. do not apply |
1995 | if you meet one of the following requirements: |
1996 | a. You are 65 years of age or older. |
1997 | b. You have a temporary or permanent physical disability. |
1998 | c. You are a member of a uniformed service on active duty |
1999 | who, by reason of such active duty, will be absent from the |
2000 | county on election day. |
2001 | d. You are a member of the Merchant Marine who, by reason |
2002 | of service in the Merchant Marine, will be absent from the |
2003 | county on election day. |
2004 | e. You are the spouse or dependent of a member referred to |
2005 | in paragraph c. or paragraph d. who, by reason of the active |
2006 | duty or service of the member, will be absent from the county on |
2007 | election day. |
2008 | f. You are currently residing outside the United States. |
2009 | 8. Place the envelope bearing the Voter's Certificate into |
2010 | the mailing envelope addressed to the supervisor. Insert a copy |
2011 | of your identification in the mailing envelope. DO NOT PUT YOUR |
2012 | IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR |
2013 | INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR |
2014 | BALLOT WILL NOT COUNT. |
2015 | 9. Mail, deliver, or have delivered the completed mailing |
2016 | envelope. Be sure there is sufficient postage if mailed. |
2017 | 10. FELONY NOTICE. It is a felony under Florida law to |
2018 | accept any gift, payment, or gratuity in exchange for your vote |
2019 | for a candidate. It is also a felony under Florida law to vote |
2020 | in an election using a false identity or false address, or under |
2021 | any other circumstances making your ballot false or fraudulent. |
2022 | Section 41. Subsection (3) of section 102.012, Florida |
2023 | Statutes, is amended to read: |
2024 | 102.012 Inspectors and clerks to conduct elections.-- |
2025 | (3) The supervisor shall furnish inspectors of election |
2026 | for each precinct with the list of registered electors for that |
2027 | precinct registration books divided alphabetically as will best |
2028 | facilitate the holding of an election. The supervisor shall also |
2029 | furnish to the inspectors of election at the polling place at |
2030 | each precinct in the supervisor's county a sufficient number of |
2031 | forms and blanks for use on election day. |
2032 | Section 42. Subsections (1), (2), and (3) of section |
2033 | 104.013, Florida Statutes, are amended to read: |
2034 | 104.013 Unauthorized use, possession, or destruction of |
2035 | voter information registration identification card.-- |
2036 | (1) It is unlawful for any person knowingly to have in his |
2037 | or her possession any blank, forged, stolen, fictitious, |
2038 | counterfeit, or unlawfully issued voter information registration |
2039 | identification card unless possession by such person has been |
2040 | duly authorized by the supervisor. |
2041 | (2) It is unlawful for any person to barter, trade, sell, |
2042 | or give away a voter information registration identification |
2043 | card unless said person has been duly authorized to issue a |
2044 | voter information registration identification card. |
2045 | (3) It is unlawful for any person willfully to destroy or |
2046 | deface the information registration identification card of a |
2047 | duly registered voter. |
2048 | Section 43. Section 196.141, Florida Statutes, is amended |
2049 | to read: |
2050 | 196.141 Homestead exemptions; duty of property |
2051 | appraiser.-- |
2052 | (1) The property appraiser shall examine each claim for |
2053 | exemption filed with or referred to him or her and shall allow |
2054 | the same, if found to be in accordance with law, by marking the |
2055 | same approved and by making the proper deductions on the tax |
2056 | books. |
2057 | (2) The property appraiser shall examine each referral, of |
2058 | a person registering to vote at an address different from the |
2059 | one where the person has filed for a homestead exemption, which |
2060 | has been provided by a supervisor of elections pursuant to s. |
2061 | 98.015. The property appraiser shall initiate procedures to |
2062 | terminate a person's homestead exemption and assess back taxes, |
2063 | if appropriate, if the person claiming such exemption is not |
2064 | entitled to the exemption under law. |
2065 | Section 44. Subsection (4) of section 120.54, Florida |
2066 | Statutes, is amended to read: |
2067 | 120.54 Rulemaking.-- |
2068 | (4) EMERGENCY RULES.-- |
2069 | (a) If an agency finds that an immediate danger to the |
2070 | public health, safety, or welfare requires emergency action, the |
2071 | agency may adopt any rule necessitated by the immediate danger. |
2072 | The agency may adopt a rule by any procedure which is fair under |
2073 | the circumstances if: |
2074 | 1. The procedure provides at least the procedural |
2075 | protection given by other statutes, the State Constitution, or |
2076 | the United States Constitution. |
2077 | 2. The agency takes only that action necessary to protect |
2078 | the public interest under the emergency procedure. |
2079 | 3. The agency publishes in writing at the time of, or |
2080 | prior to, its action the specific facts and reasons for finding |
2081 | an immediate danger to the public health, safety, or welfare and |
2082 | its reasons for concluding that the procedure used is fair under |
2083 | the circumstances. In any event, notice of emergency rules, |
2084 | other than those of educational units or units of government |
2085 | with jurisdiction in only one or a part of one county, including |
2086 | the full text of the rules, shall be published in the first |
2087 | available issue of the Florida Administrative Weekly and |
2088 | provided to the committee. The agency's findings of immediate |
2089 | danger, necessity, and procedural fairness shall be judicially |
2090 | reviewable. |
2091 | (b) Rules pertaining to the public health, safety, or |
2092 | welfare shall include rules pertaining to perishable |
2093 | agricultural commodities or rules pertaining to the |
2094 | interpretation and implementation of the requirements of |
2095 | chapters 97 through 102 and 105 of the Election Code which are |
2096 | filed when not more than 60 days remain before an election as |
2097 | defined in s. 97.021 or which are filed during the time period |
2098 | after the election and before certification of the election |
2099 | pursuant to s. 102.112 or s. 102.12. |
2100 | (c) An emergency rule adopted under this subsection shall |
2101 | not be effective for a period longer than 90 days and shall not |
2102 | be renewable, except during the pendency of a challenge to |
2103 | proposed rules addressing the subject of the emergency rule. |
2104 | However, the agency may take identical action by the rulemaking |
2105 | procedures specified in this chapter. |
2106 | (d) Subject to applicable constitutional and statutory |
2107 | provisions, an emergency rule becomes effective immediately on |
2108 | filing, or on a date less than 20 days thereafter if specified |
2109 | in the rule, if the adopting agency finds that such effective |
2110 | date is necessary because of immediate danger to the public |
2111 | health, safety, or welfare. |
2112 | Section 45. Subsection (1) of section 99.061, Florida |
2113 | Statutes, is amended to read: |
2114 | 99.061 Method of qualifying for nomination or election to |
2115 | federal, state, county, or district office.-- |
2116 | (1) The provisions of any special act to the contrary |
2117 | notwithstanding, each person seeking to qualify for nomination |
2118 | or election to a federal, state, or multicounty district office, |
2119 | other than election to a judicial office as defined in chapter |
2120 | 105 or the office of school board member, shall file his or her |
2121 | qualification papers with, and pay the qualifying fee, which |
2122 | shall consist of the filing fee and election assessment, and |
2123 | party assessment, if any has been levied, to, the Department of |
2124 | State, or qualify by the alternative method with the Department |
2125 | of State, at any time after noon of the 1st day for qualifying, |
2126 | which shall be as follows: the 120th day prior to the first |
2127 | primary, but not later than noon of the 116th day prior to the |
2128 | date of the first primary, for persons seeking to qualify for |
2129 | nomination or election to federal office or the office of the |
2130 | state attorney or public defender; and noon of the 50th day |
2131 | prior to the first primary, but not later than noon of the 46th |
2132 | day prior to the date of the first primary, for persons seeking |
2133 | to qualify for nomination or election to a state or multicounty |
2134 | district office, other than the office of state attorney or |
2135 | public defender. |
2136 | Section 46. Sections 98.055, 98.095, 98.0977, 98.0979, |
2137 | 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida |
2138 | Statutes, are repealed. |
2139 | Section 47. Except as otherwise expressly provided in this |
2140 | act, this act shall take effect January 1, 2006. |
2141 |
|
2142 | ================= T I T L E A M E N D M E N T ================= |
2143 | Remove the entire title and insert: |
2144 | A bill to be entitled |
2145 | An act relating to elections; amending s. 97.012, F.S.; |
2146 | revising the duties of the Secretary of State and the |
2147 | Department of State relating to election laws; providing |
2148 | for rulemaking; authorizing the Secretary of State to |
2149 | delegate voter registration and records maintenance duties |
2150 | to voter registration officials; providing that the |
2151 | secretary has a duty to bring legal action to enforce the |
2152 | performance of county supervisors of elections or other |
2153 | officials performing duties relating to the Election Code; |
2154 | providing a prerequisite to bringing such an action; |
2155 | providing venue; requiring that courts give priority to |
2156 | such an action; providing penalties; providing for the |
2157 | adoption of rules; amending s. 97.021, F.S.; revising and |
2158 | providing definitions; amending s. 97.026, F.S.; |
2159 | correcting a cross-reference; amending s. 97.051, F.S.; |
2160 | revising the oath taken by a person registering to vote; |
2161 | amending s. 97.052, F.S.; requiring that the uniform |
2162 | statewide voter registration application be accepted for |
2163 | replacement of a voter information card and signature |
2164 | update; revising the information the uniform statewide |
2165 | voter registration application must contain and must |
2166 | elicit from the applicant; amending s. 97.053, F.S.; |
2167 | revising the criteria for completeness of a voter |
2168 | registration application; specifying the possible valid |
2169 | recipients of a mailed voter registration application; |
2170 | revising the information needed on a voter registration |
2171 | application to establish an applicant's eligibility; |
2172 | providing for verification of authenticity of certain |
2173 | voter registration application information; providing for |
2174 | a provisional ballot to be provided to an applicant if the |
2175 | application is not verified by a certain date; requiring a |
2176 | voter registration official to enter all voter |
2177 | registration applications into the voter registration |
2178 | system within a certain time period and forward such |
2179 | applications to the supervisor of elections; amending s. |
2180 | 97.0535, F.S.; providing for applicants who have no valid |
2181 | Florida driver's license, identification card, or social |
2182 | security number; amending s. 97.055, F.S.; specifying the |
2183 | information updates permitted for purposes of an upcoming |
2184 | election once registration books are closed; amending s. |
2185 | 97.057, F.S.; revising the voter registration procedure by |
2186 | the Department of Highway Safety and Motor Vehicles; |
2187 | amending s. 97.058, F.S.; revising duties of voter |
2188 | registration agencies; amending s. 97.061, F.S.; revising |
2189 | special registration procedures for electors requiring |
2190 | assistance; amending s. 97.071, F.S.; redesignating the |
2191 | registration identification card as the voter information |
2192 | card; revising the required contents of the card; amending |
2193 | s. 97.073, F.S.; revising the procedure by which an |
2194 | applicant must supply missing information on the voter |
2195 | registration application; revising provisions relating to |
2196 | cancellation of previous registration; amending s. |
2197 | 97.1031, F.S.; revising provisions relating to notice of |
2198 | change of residence, name, or party affiliation; amending |
2199 | s. 97.105, F.S., relating to establishment of the |
2200 | permanent single registration system, to conform; amending |
2201 | s. 98.015, F.S.; revising the duties of supervisors of |
2202 | elections; creating s. 98.035, F.S.; establishing a |
2203 | statewide voter registration system; requiring the |
2204 | Secretary of State to be responsible for the |
2205 | implementation, operation, and maintenance of the system; |
2206 | prohibiting the department from contracting with any other |
2207 | entity to operate the system; authorizing the department |
2208 | to adopt rules relating to the access, use, and operation |
2209 | of the system; amending s. 98.045, F.S.; revising |
2210 | provisions relating to administration of voter |
2211 | registration; providing for the responsibility of such |
2212 | administration to be undertaken by the department in lieu |
2213 | of supervisors of elections; specifying ineligibility |
2214 | criteria; revising provisions relating to removal of |
2215 | registered voters; revising provisions relating to public |
2216 | records access and retention; providing for the |
2217 | establishment of a statewide electronic database of valid |
2218 | residential street addresses; authorizing the department |
2219 | to adopt rules relating to certain voter registration |
2220 | system forms; amending s. 98.065, F.S.; revising |
2221 | provisions relating to registration records maintenance; |
2222 | providing for change of address; providing limitations on |
2223 | notice and renewal; requiring supervisors of elections to |
2224 | certify to the department certain list maintenance |
2225 | activities; providing penalties; amending s. 98.075, F.S.; |
2226 | providing for registration records maintenance by the |
2227 | department; providing procedures in cases involving |
2228 | duplicate registration, deceased persons, adjudication of |
2229 | mental incapacity, felony conviction, and other bases for |
2230 | ineligibility; providing procedures for removal; requiring |
2231 | supervisors of elections to certify to the department |
2232 | certain registration records maintenance activities; |
2233 | creating s. 98.0755, F.S.; providing for appeal of a |
2234 | determination of ineligibility; providing for |
2235 | jurisdiction, burden of proof, and trial costs; amending |
2236 | s. 98.077, F.S.; revising provisions relating to updating |
2237 | a voter's signature; amending s. 98.081, F.S., relating to |
2238 | removal of names from the statewide voter registration |
2239 | system, to conform; amending s. 98.093, F.S.; revising the |
2240 | duty of officials to furnish lists of deceased persons, |
2241 | persons adjudicated mentally incapacitated, and persons |
2242 | convicted of a felony; amending s. 98.212, F.S., relating |
2243 | to furnishing of statistical and other information, to |
2244 | conform; amending s. 98.461, F.S; authorizing use of an |
2245 | electronic database as a precinct register and use of an |
2246 | electronic device for voter signatures and witness |
2247 | initials; amending s. 100.371, F.S.; revising the |
2248 | procedure by which constitutional amendments proposed by |
2249 | initiative shall be placed on the ballot; amending s. |
2250 | 101.043, F.S.; revising requirements and procedures |
2251 | relating to identification required at polls; amending s. |
2252 | 101.045, F.S., relating to provisions for residence or |
2253 | name change at the polls, to conform; amending s. 101.048, |
2254 | F.S., relating to provisional ballots, to conform; |
2255 | amending s. 101.161, F.S.; conforming a cross-reference; |
2256 | amending s. 101.56062, F.S., relating to standards for |
2257 | accessible voting systems, to conform; amending s. |
2258 | 101.5608, F.S.; revising a provision relating to an |
2259 | elector's signature provided with identification prior to |
2260 | voting; creating s. 101.573, F.S.; requiring supervisors |
2261 | of elections to file precinct-level election results; |
2262 | requiring the Department of State to adopt rules; amending |
2263 | s. 101.62, F.S.; conforming a cross-reference; amending |
2264 | ss. 101.64 and 101.657, F.S.; requiring that the |
2265 | supervisor of elections indicate on each absentee or early |
2266 | voted ballot the precinct of the voter; amending s. |
2267 | 101.663, F.S., relating to change or residence, to |
2268 | conform; amending s. 101.6921, F.S., relating to delivery |
2269 | of special absentee ballots to certain first-time voters, |
2270 | to conform; amending s. 101.6923, F.S., relating to |
2271 | special absentee ballot instructions for certain first- |
2272 | time voters, to conform; amending s. 102.012, F.S., |
2273 | relating to conduct of elections by inspectors and clerks, |
2274 | to conform; amending s. 104.013, F.S., relating to |
2275 | unauthorized use, possession, or destruction of voter |
2276 | information cards, to conform; amending s. 196.141, F.S., |
2277 | relating to homestead exemptions and duties of property |
2278 | appraisers, to conform; amending s. 120.54, F.S.; |
2279 | including certain rules pertaining to the Florida Election |
2280 | Code within the definition of emergency rules governing |
2281 | public health, safety, or welfare during specified times; |
2282 | amending s. 99.061, F.S.; providing the method of |
2283 | qualifying for nomination or election to the office of the |
2284 | state attorney or public defender; repealing s. 98.055, |
2285 | F.S., relating to registration list maintenance forms; |
2286 | repealing s. 98.095, F.S., relating to county registers |
2287 | open to inspection and copies; repealing s. 98.0977, F.S., |
2288 | relating to the statewide voter registration database and |
2289 | its operation and maintenance; repealing s. 98.0979, F.S., |
2290 | relating to inspection of the statewide voter |
2291 | registration; repealing s. 98.101, F.S., relating to |
2292 | specifications for permanent registration binders, files, |
2293 | and forms; repealing s. 98.181, F.S., relating to duty of |
2294 | the supervisor of elections to make up indexes or records; |
2295 | repealing s. 98.231, F.S., relating to duty of the |
2296 | supervisor of elections to furnish the department the |
2297 | number of registered electors; repealing s. 98.451, F.S., |
2298 | relating to automation in processing registration data; |
2299 | repealing s. 98.481, F.S., relating to challenges to |
2300 | electors; repealing s. 101.635, F.S., relating to |
2301 | distribution of blocks of printed ballots; providing |
2302 | effective dates. |