1 | A bill to be entitled |
2 | An act relating to elections; amending s. 97.012, F.S.; |
3 | authorizing the Secretary of State to issue binding |
4 | directives to supervisors of elections and county |
5 | canvassing boards under certain circumstances; providing a |
6 | penalty for failure to follow such directives; authorizing |
7 | the secretary to file certain complaints; authorizing the |
8 | secretary to delegate voter registration and records |
9 | maintenance duties to voter registration officials; |
10 | amending s. 97.021, F.S.; revising and providing |
11 | definitions; amending s. 97.026, F.S.; correcting a cross |
12 | reference; amending s. 97.051, F.S.; revising the oath |
13 | taken by a person registering to vote; amending s. 97.052, |
14 | F.S.; requiring the uniform statewide voter registration |
15 | application be accepted for replacement of a voter |
16 | information card and signature update; revising the |
17 | information the uniform statewide voter registration |
18 | application must contain and must elicit from the |
19 | applicant; amending s. 97.053, F.S.; revising the criteria |
20 | for completeness of a voter registration application; |
21 | specifying the possible valid recipients of a mailed voter |
22 | registration application; revising the information needed |
23 | on a voter registration application to establish an |
24 | applicant's eligibility; providing for verification of |
25 | authenticity of certain voter registration application |
26 | information; providing for a provisional ballot to be |
27 | provided to an applicant if the application is not |
28 | verified by a certain date; requiring a voter registration |
29 | official to enter all voter registration applications into |
30 | the voter registration system within a certain time |
31 | period; amending s. 97.0535, F.S.; providing for |
32 | registering voters who have no valid Florida driver's |
33 | license, identification card, or social security number; |
34 | amending s. 97.055, F.S.; specifying the information |
35 | permitted for purposes of an upcoming election once |
36 | registration books are closed; amending s. 97.057, F.S.; |
37 | revising the voter registration procedure by the |
38 | Department of Highway Safety and Motor Vehicles; amending |
39 | s. 97.058, F.S.; revising duties of voter registration |
40 | agencies; amending s. 97.061, F.S.; revising special |
41 | registration procedures for electors requiring assistance; |
42 | amending s. 97.071, F.S.; redesignating the registration |
43 | identification card as the voter information card; |
44 | requiring the Department of State to adopt rules relating |
45 | to voter information cards; revising the required contents |
46 | of the card; amending s. 97.073, F.S.; revising the |
47 | procedure by which an applicant must supply missing |
48 | information on the voter registration application; |
49 | revising provisions relating to cancellation of previous |
50 | registration; amending s. 97.1031, F.S.; revising |
51 | provisions relating to notice of change of residence, |
52 | name, or party affiliation; amending s. 97.105, F.S., |
53 | relating to establishment of the permanent single |
54 | registration system, to conform; amending s. 98.015, F.S.; |
55 | revising the duties of supervisors of elections; creating |
56 | s. 98.035, F.S.; establishing a statewide voter |
57 | registration system; requiring the Secretary of State to |
58 | be responsible for the implementation, operation, and |
59 | maintenance of the system; prohibiting the department from |
60 | contracting with any private entity to operate the system; |
61 | authorizing the department to adopt rules relating to the |
62 | access, use, and operation of the system; amending s. |
63 | 98.045, F.S.; revising provisions relating to |
64 | administration of voter registration; providing for the |
65 | responsibility of such administration to be undertaken by |
66 | the department in lieu of supervisors of elections; |
67 | specifying ineligibility criteria; revising provisions |
68 | relating to removal of registered voters; revising |
69 | provisions relating to public records access and |
70 | retention; providing for the establishment of a statewide |
71 | electronic database of valid street addresses; authorizing |
72 | the department to adopt rules relating to certain voter |
73 | registration system forms; amending s. 98.065, F.S.; |
74 | providing for registration records maintenance; providing |
75 | for change of address; providing limitations on notice and |
76 | renewal; requiring supervisors of elections to certify to |
77 | the department certain list maintenance activities; |
78 | providing penalties; amending s. 98.075, F.S.; providing |
79 | for registration records maintenance by the department; |
80 | providing for duplicate registration; providing for |
81 | deceased persons; providing for adjudication of mental |
82 | incapacity; providing for felony conviction; providing for |
83 | other bases for ineligibility; providing procedures for |
84 | removal; requiring supervisors of elections to certify to |
85 | the department certain registration records maintenance |
86 | activities; creating s. 98.0755, F.S.; providing for |
87 | appeal of a determination of ineligibility; providing for |
88 | jurisdiction, burden of proof, and trial costs; amending |
89 | s. 98.077, F.S.; revising provisions relating to updating |
90 | a voter's signature; amending s. 98.081, F.S., relating to |
91 | removal of names from the statewide voter registration |
92 | system, to conform; amending s. 98.093, F.S.; revising the |
93 | duty of officials to furnish lists of deceased persons, |
94 | persons adjudicated mentally incapacitated, and persons |
95 | convicted of a felony; creating s. 98.0981, F.S.; |
96 | requiring the department to establish and maintain a |
97 | statewide voter registration database and provide such |
98 | database to the Legislature; specifying the required |
99 | contents of the database; requiring the department to |
100 | certify certain information to the Legislature; amending |
101 | s. 98.212, F.S., relating to furnishing of statistical and |
102 | other information, to conform; amending s. 98.461, F.S; |
103 | authorizing use of an electronic database as a precinct |
104 | register and use of an electronic device for voter |
105 | signatures and witness initials; amending s. 100.371, |
106 | F.S.; revising the procedure by which constitutional |
107 | amendments proposed by initiative shall be placed on the |
108 | ballot; amending s. 101.001, F.S.; providing requirements |
109 | relating to maps of new precincts; revising procedural |
110 | requirements of supervisors of elections relating to |
111 | precincts and precinct maps; amending s. 101.043, F.S.; |
112 | revising requirements and procedures relating to |
113 | identification required at polls; amending s. 101.045, |
114 | F.S., relating to provisions for residence or name change |
115 | at the polls, to conform; amending s. 101.048, F.S., |
116 | relating to provisional ballots, to conform; amending s. |
117 | 101.161, F.S.; correcting a cross reference; amending s. |
118 | 101.5608, F.S.; revising a provision relating to an |
119 | elector's signature provided with identification prior to |
120 | voting; amending s. 101.62, F.S.; correcting a cross |
121 | reference; amending s. 101.663, F.S., relating to change |
122 | or residence, to conform; amending s. 101.6921, F.S., |
123 | relating to delivery of special absentee ballots to |
124 | certain first-time voters, to conform; amending s. |
125 | 101.6923, F.S., relating to special absentee ballot |
126 | instructions for certain first-time voters, to conform; |
127 | amending s. 102.012, F.S., relating to conduct of |
128 | elections by inspectors and clerks, to conform; amending |
129 | s. 102.151, F.S.; requiring county canvassing boards to |
130 | record and transmit certain election information to the |
131 | department; amending s. 104.013, F.S., relating to |
132 | unauthorized use, possession, or destruction of voter |
133 | information cards, to conform; amending s. 104.051, F.S.; |
134 | providing for the willful failure of a county canvassing |
135 | board member or supervisor of elections to follow certain |
136 | binding directives to be subject to certain penalties; |
137 | allowing only the Secretary of State to file a complaint |
138 | to the Florida Elections Commission alleging such willful |
139 | failure; providing for an exemption and review of such |
140 | penalties; amending s. 120.52, F.S.; revising the |
141 | definition of "rule" to exempt certain advisory opinions |
142 | issued by the department and certain directives issued by |
143 | the Secretary of State; amending s. 196.141, F.S., |
144 | relating to homestead exemptions and duties of property |
145 | appraisers, to conform; repealing s. 98.055, F.S., |
146 | relating to registration list maintenance forms; repealing |
147 | s. 98.095, F.S., relating to county registers open to |
148 | inspection and copies; repealing s. 98.0977, F.S., |
149 | relating to the statewide voter registration database and |
150 | its operation and maintenance; repealing s. 98.0979, F.S., |
151 | relating to inspection of the statewide voter |
152 | registration; repealing s. 98.101, F.S., relating to |
153 | specifications for permanent registration binders, files, |
154 | and forms; repealing s. 98.181, F.S., relating to duty of |
155 | the supervisor of elections to make up indexes or records; |
156 | repealing s. 98.231, F.S., relating to duty of the |
157 | supervisor of elections to furnish the department the |
158 | number of registered electors; repealing s. 98.451, F.S., |
159 | relating to automation in processing registration data; |
160 | repealing s. 98.481, F.S., relating to challenges to |
161 | electors; repealing s. 101.635, F.S., relating to |
162 | distribution of blocks of printed ballots; providing |
163 | effective dates. |
164 |
|
165 | Be It Enacted by the Legislature of the State of Florida: |
166 |
|
167 | Section 1. Subsections (1) and (11) of section 97.012, |
168 | Florida Statutes, are amended to read: |
169 | 97.012 Secretary of State as chief election officer.--The |
170 | Secretary of State is the chief election officer of the state, |
171 | and it is his or her responsibility to: |
172 | (1) Obtain and maintain uniformity in the application, |
173 | operation, and interpretation of the election laws. In achieving |
174 | this objective, the secretary or his or her designee is |
175 | authorized to issue binding directives to the supervisors of |
176 | elections and the county canvassing boards when the secretary |
177 | determines that a lack of uniformity exists in the application, |
178 | operation, or interpretation of the election laws. A willful |
179 | failure to follow directives issued by the secretary shall |
180 | subject the violator to the penalties in s. 104.051(5). The |
181 | secretary is authorized to file complaints with the Florida |
182 | Elections Commission alleging a violation of s. 104.051(5). |
183 | (11) Create and administer maintain a statewide voter |
184 | registration system as required by the Help America Vote Act of |
185 | 2002 database. The secretary is authorized to delegate voter |
186 | registration duties and records maintenance activities to voter |
187 | registration officials. Any responsibilities delegated by the |
188 | secretary shall be performed in accordance with state and |
189 | federal law. |
190 | Section 2. Subsection (13) of section 97.021, Florida |
191 | Statutes, is amended, subsections (38) and (39) are renumbered |
192 | as subsections (39) and (40), and a new subsection (38) is added |
193 | to said section, to read: |
194 | 97.021 Definitions.--For the purposes of this code, except |
195 | where the context clearly indicates otherwise, the term: |
196 | (13) "Lists of registered electors" means names and |
197 | associated information copies of printed lists of registered |
198 | electors maintained by the department in the statewide voter |
199 | registration system or generated or derived from the statewide |
200 | voter registration system. Lists may be produced in printed or |
201 | electronic format, computer tapes or disks, or any other device |
202 | used by the supervisor of elections to maintain voter records. |
203 | (38) "Voter registration official" means any supervisor of |
204 | elections or individual authorized by the Secretary of State to |
205 | accept voter registration applications and execute updates to |
206 | the statewide voter registration system. |
207 | Section 3. Section 97.026, Florida Statutes, is amended to |
208 | read: |
209 | 97.026 Forms to be available in alternative formats and |
210 | via the Internet.--It is the intent of the Legislature that all |
211 | forms required to be used in chapters 97-106 shall be made |
212 | available upon request, in alternative formats. Such forms shall |
213 | include absentee ballots as alternative formats for such ballots |
214 | become available and the Division of Elections is able to |
215 | certify systems that provide them. Whenever possible, such |
216 | forms, with the exception of absentee ballots, shall be made |
217 | available by the Department of State via the Internet. Sections |
218 | that contain such forms include, but are not limited to, ss. |
219 | 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073, |
220 | 97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045, |
221 | 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657, |
222 | 105.031, 106.023, and 106.087. |
223 | Section 4. Section 97.051, Florida Statutes, is amended to |
224 | read: |
225 | 97.051 Oath upon registering.--A person registering to |
226 | vote must subscribe to the following oath: "I do solemnly swear |
227 | (or affirm) that I will protect and defend the Constitution of |
228 | the United States and the Constitution of the State of Florida, |
229 | that I am qualified to register as an elector under the |
230 | Constitution and laws of the State of Florida, and that all |
231 | information provided in this application is true I am a citizen |
232 | of the United States and a legal resident of Florida." |
233 | Section 5. Section 97.052, Florida Statutes, is amended to |
234 | read: |
235 | 97.052 Uniform statewide voter registration application.-- |
236 | (1) The department shall prescribe a uniform statewide |
237 | voter registration application for use in this state. |
238 | (a) The uniform statewide voter registration application |
239 | must be accepted for any one or more of the following purposes: |
240 | 1. Initial registration. |
241 | 2. Change of address. |
242 | 3. Change of party affiliation. |
243 | 4. Change of name. |
244 | 5. Replacement of a voter information registration |
245 | identification card. |
246 | 6. Signature update. |
247 | (b) The department is responsible for printing the uniform |
248 | statewide voter registration application and the voter |
249 | registration application form prescribed by the Federal Election |
250 | Assistance Commission pursuant to federal law the National Voter |
251 | Registration Act of 1993. The applications and forms must be |
252 | distributed, upon request, to the following: |
253 | 1. Individuals seeking to register to vote or update a |
254 | voter registration record. |
255 | 2. Individuals or groups conducting voter registration |
256 | programs. A charge of 1 cent per application shall be assessed |
257 | on requests for 10,000 or more applications. |
258 | 3. The Department of Highway Safety and Motor Vehicles. |
259 | 4. Voter registration agencies. |
260 | 5. Armed forces recruitment offices. |
261 | 6. Qualifying educational institutions. |
262 | 7. Supervisors, who must make the applications and forms |
263 | available in the following manner: |
264 | a. By distributing the applications and forms in their |
265 | offices to any individual or group. |
266 | b. By distributing the applications and forms at other |
267 | locations designated by each supervisor. |
268 | c. By mailing the applications and forms to applicants |
269 | upon the request of the applicant. |
270 | (c) The uniform statewide voter registration application |
271 | may be reproduced by any private individual or group, provided |
272 | the reproduced application is in the same format as the |
273 | application prescribed under this section. |
274 | (2) The uniform statewide voter registration application |
275 | must be designed to elicit the following information from the |
276 | applicant: |
277 | (a) Last, first, and middle Full name, including any |
278 | suffix. |
279 | (b) Date of birth. |
280 | (c) Address of legal residence. |
281 | (d) Mailing address, if different. |
282 | (e) County of legal residence. |
283 | (f) Address of property for which the applicant has been |
284 | granted a homestead exemption, if any. |
285 | (f)(g) Race or ethnicity that best describes the |
286 | applicant: |
287 | 1. American Indian or Alaskan Native. |
288 | 2. Asian or Pacific Islander. |
289 | 3. Black, not Hispanic. |
290 | 4. White, not Hispanic. |
291 | 5. Hispanic. |
292 | (g)(h) State or country of birth. |
293 | (h)(i) Sex. |
294 | (i)(j) Party affiliation. |
295 | (j)(k) Whether the applicant needs assistance in voting. |
296 | (k)(l) Name and address where last registered. |
297 | (l)(m) Last four digits of the applicant's social security |
298 | number. |
299 | (m)(n) Florida driver's license number or the |
300 | identification number from a Florida identification card issued |
301 | under s. 322.051. |
302 | (n) An indication, if applicable, that the applicant has |
303 | not been issued a Florida driver's license, a Florida |
304 | identification card, or a social security number. |
305 | (o) Telephone number (optional). |
306 | (p) E-mail address (optional). |
307 | (q)(p) Signature of applicant under penalty for false |
308 | swearing pursuant to s. 104.011, by which the person subscribes |
309 | to the oath required by s. 3, Art. VI of the State Constitution |
310 | and s. 97.051, and swears or affirms that the information |
311 | contained in the registration application is true. |
312 | (r)(q) Whether the application is being used for initial |
313 | registration, to update a voter registration record, or to |
314 | request a replacement voter information registration |
315 | identification card. |
316 | (s)(r) Whether the applicant is a citizen of the United |
317 | States by asking the question "Are you a citizen of the United |
318 | States of America?" and providing boxes for the applicant to |
319 | check to indicate whether the applicant is or is not a citizen |
320 | of the United States. |
321 | (t)(s) Whether That the applicant has not been convicted |
322 | of a felony, and or, if convicted, has had his or her civil |
323 | rights restored by including the statement "I affirm I am not a |
324 | convicted felon or, if I am, my rights relating to voting have |
325 | been restored." and providing a box for the applicant to check |
326 | to affirm the statement. |
327 | (u)(t) Whether That the applicant has not been adjudicated |
328 | mentally incapacitated with respect to voting or, if so |
329 | adjudicated, has had his or her right to vote restored by |
330 | including the statement "I affirm I have not been adjudicated |
331 | mentally incapacitated with respect to voting or, if I have, my |
332 | competency has been restored." and providing a box for the |
333 | applicant to check to affirm the statement. |
334 |
|
335 | The registration application form must be in plain language and |
336 | designed so that convicted felons whose civil rights have been |
337 | restored and persons who have been adjudicated mentally |
338 | incapacitated and have had their voting rights restored are not |
339 | required to reveal their prior conviction or adjudication. |
340 | (3) The uniform statewide voter registration application |
341 | must also contain: |
342 | (a) The oath required by s. 3, Art. VI of the State |
343 | Constitution and s. 97.051. |
344 | (b) A statement specifying each eligibility requirement |
345 | under s. 97.041. |
346 | (c) The penalties provided in s. 104.011 for false |
347 | swearing in connection with voter registration. |
348 | (d) A statement that, if an applicant declines to register |
349 | to vote, the fact that the applicant has declined to register |
350 | will remain confidential and may be used only for voter |
351 | registration purposes. |
352 | (e) A statement that informs the applicant who chooses to |
353 | register to vote or update a voter registration record that the |
354 | office at which the applicant submits a voter registration |
355 | application or updates a voter registration record will remain |
356 | confidential and may be used only for voter registration |
357 | purposes. |
358 | (f) A statement that informs the applicant that any person |
359 | who has been granted a homestead exemption in this state, and |
360 | who registers to vote in any precinct other than the one in |
361 | which the property for which the homestead exemption has been |
362 | granted, shall have that information forwarded to the property |
363 | appraiser where such property is located, which may result in |
364 | the person's homestead exemption being terminated and the person |
365 | being subject to assessment of back taxes under s. 193.092, |
366 | unless the homestead granted the exemption is being maintained |
367 | as the permanent residence of a legal or natural dependent of |
368 | the owner and the owner resides elsewhere. |
369 | (f)(g) A statement informing an the applicant who has not |
370 | been issued a Florida driver's license, a Florida identification |
371 | card, or a social security number that if the application form |
372 | is submitted by mail and the applicant is registering for the |
373 | first time in this state, the applicant will be required to |
374 | provide identification prior to voting the first time. |
375 | (4) A supervisor may produce a voter registration |
376 | application that has the supervisor's direct mailing address if |
377 | the department has reviewed the application and determined that |
378 | it is substantially the same as the uniform statewide voter |
379 | registration application. |
380 | (5) The voter registration application form prescribed by |
381 | the Federal Election Assistance Commission pursuant to federal |
382 | law the National Voter Registration Act of 1993 or the federal |
383 | postcard application must be accepted as an application for |
384 | registration in this state if the completed application or |
385 | postcard application contains the information required by the |
386 | constitution and laws of this state. |
387 | Section 6. Section 97.053, Florida Statutes, is amended to |
388 | read: |
389 | 97.053 Acceptance of voter registration applications.-- |
390 | (1) Voter registration applications, changes in |
391 | registration, and requests for a replacement voter information |
392 | registration identification card must be accepted in the office |
393 | of any supervisor, the division, a driver license office, a |
394 | voter registration agency, or an armed forces recruitment office |
395 | when hand delivered by the applicant or a third party during the |
396 | hours that office is open or when mailed. |
397 | (2) A completed voter registration application is complete |
398 | and that contains the information necessary to establish an |
399 | applicant's eligibility pursuant to s. 97.041 becomes the |
400 | official voter registration record of that applicant when all |
401 | information necessary to establish the applicant's eligibility |
402 | pursuant to s. 97.041 is received by a voter registration |
403 | official and verified pursuant to subsection (6) the appropriate |
404 | supervisor. If the applicant fails to complete his or her voter |
405 | registration application prior to the date of book closing for |
406 | an election, then such applicant shall not be eligible to vote |
407 | in that election. |
408 | (3) The registration date for a valid initial voter |
409 | registration application that has been hand delivered is the |
410 | date that the application is when received by a driver license |
411 | office, a voter registration agency, an armed forces recruitment |
412 | office, the division, or the office of any supervisor in the |
413 | state. |
414 | (4) The registration date for a valid initial voter |
415 | registration application that has been mailed to a driver |
416 | license office, a voter registration agency, an armed forces |
417 | recruitment office, the division, or the office of any |
418 | supervisor in the state and bears a clear postmark is the date |
419 | of that the postmark. If an initial voter registration |
420 | application that has been mailed does not bear a postmark or if |
421 | the postmark is unclear, the registration date is the date the |
422 | application registration is received by any voter registration |
423 | official supervisor or the division, unless it is received |
424 | within 5 days after the closing of the books for an election, |
425 | excluding Saturdays, Sundays, and legal holidays, in which case |
426 | the registration date is the book-closing date. |
427 | (5)(a) A voter registration application is complete if it |
428 | contains all information necessary to establish the applicant's |
429 | eligibility pursuant to s. 97.041, including: |
430 | 1. The applicant's name. |
431 | 2. The applicant's legal residence address. |
432 | 3. The applicant's date of birth. |
433 | 4. A mark in the checkbox affirming An indication that the |
434 | applicant is a citizen of the United States. |
435 | 5.a. The applicant's current and valid Florida driver's |
436 | license number or, the identification number from a Florida |
437 | identification card issued under s. 322.051, or |
438 | b. If the applicant has not been issued a current and |
439 | valid Florida driver's license or a Florida identification card, |
440 | the last four digits of the applicant's social security number. |
441 | c. In case an applicant has not been issued a current and |
442 | valid Florida driver's license, Florida identification card, or |
443 | social security number, the applicant shall affirm this fact in |
444 | the manner prescribed in the uniform statewide voter |
445 | registration application. |
446 | 6. A mark in the checkbox affirming An indication that the |
447 | applicant has not been convicted of a felony or that, if |
448 | convicted, has had his or her civil rights restored. |
449 | 7. A mark in the checkbox affirming An indication that the |
450 | applicant has not been adjudicated mentally incapacitated with |
451 | respect to voting or that, if so adjudicated, has had his or her |
452 | right to vote restored. |
453 | 8. Original signature or a digital signature transmitted |
454 | by the Department of Highway Safety and Motor Vehicles of the |
455 | applicant swearing or affirming under the penalty for false |
456 | swearing pursuant to s. 104.011 that the information contained |
457 | in the registration application is true and subscribing to the |
458 | oath required by s. 3, Art. VI of the State Constitution and s. |
459 | 97.051. |
460 | (b) An applicant who fails to designate party affiliation |
461 | must be registered without party affiliation. The supervisor |
462 | must notify the voter by mail that the voter has been registered |
463 | without party affiliation and that the voter may change party |
464 | affiliation as provided in s. 97.1031. |
465 | (6) A voter registration application may be accepted as |
466 | valid only after the department has verified the authenticity or |
467 | nonexistence of the driver's license number, the Florida |
468 | identification card number, or the last four digits of the |
469 | social security number provided by the applicant. If a completed |
470 | voter registration application has been received by the book- |
471 | closing deadline but the driver's license number, the Florida |
472 | identification card number, or the last four digits of the |
473 | social security number provided by the applicant cannot be |
474 | verified prior to the applicant presenting himself or herself to |
475 | vote, the applicant shall be provided a provisional ballot. The |
476 | provisional ballot shall only be counted if the application is |
477 | verified by the end of the canvassing period or if the applicant |
478 | presents evidence to the supervisor of elections sufficient to |
479 | verify the authenticity of the driver's license number, Florida |
480 | identification card number, or last four digits of the social |
481 | security number provided on the application no later than 5 p.m. |
482 | of the third day following the election. |
483 | (7) All voter registration applications received by a |
484 | voter registration official shall be entered into the statewide |
485 | voter registration system within 15 days after receipt. |
486 | Section 7. Subsections (1), (2), and (3) of section |
487 | 97.0535, Florida Statutes, are amended to read: |
488 | 97.0535 Special requirements for certain voters |
489 | applicants.-- |
490 | (1) Each voter applicant who registers by mail and who has |
491 | never previously voted in the state and who the department has |
492 | verified has not been issued a current and valid Florida |
493 | driver's license, Florida identification card, or social |
494 | security number county shall be required to provide a copy of a |
495 | current and valid identification, as provided in subsection (3), |
496 | or indicate that he or she is exempt from the requirements prior |
497 | to voting. Such The applicant may provide the identification or |
498 | indication may be provided at the time of registering, or at any |
499 | time prior to voting for the first time in the state county. If |
500 | the voter registration application clearly provides information |
501 | from which a voter registration official the supervisor can |
502 | determine that the voter applicant meets at least one of the |
503 | exemptions in subsection (4), the voter registration official |
504 | supervisor shall make the notation on the registration records |
505 | of the statewide voter registration system and the voter |
506 | applicant shall not be required to provide the identification |
507 | required by this section further information that is required of |
508 | first time voters who register by mail. |
509 | (2) The voter registration official supervisor of |
510 | elections shall, upon accepting the voter registration |
511 | application submitted pursuant to subsection (1) for an |
512 | applicant who registered by mail and who has not previously |
513 | voted in the county, determine if the voter applicant provided |
514 | the required identification at the time of registering. If the |
515 | required identification was not provided, the supervisor shall |
516 | notify the voter applicant that he or she must provide the |
517 | identification prior to voting the first time in the state |
518 | county. |
519 | (3)(a) The following forms of identification shall be |
520 | considered current and valid if they contain the name and |
521 | photograph of the voter applicant and have not expired: |
522 | 1. Florida driver's license. |
523 | 2. Florida identification card issued by the Department of |
524 | Highway Safety and Motor Vehicles. |
525 | 1.3. United States passport. |
526 | 2.4. Employee badge or identification. |
527 | 3.5. Buyer's club identification. |
528 | 4.6. Debit or credit card. |
529 | 5.7. Military identification. |
530 | 6.8. Student identification. |
531 | 7.9. Retirement center identification. |
532 | 8.10. Neighborhood association identification. |
533 | 9.11. Entertainment identification. |
534 | 10.12. Public assistance identification. |
535 | (b) The following forms of identification shall be |
536 | considered current and valid if they contain the name and |
537 | current residence address of the voter applicant: |
538 | 1. Utility bill. |
539 | 2. Bank statement. |
540 | 3. Government check. |
541 | 4. Paycheck. |
542 | 5. Other government document (excluding voter |
543 | identification card). |
544 | Section 8. Subsection (1) of section 97.055, Florida |
545 | Statutes, is amended to read: |
546 | 97.055 Registration books; when closed for an election.-- |
547 | (1) The registration books must be closed on the 29th day |
548 | before each election and must remain closed until after that |
549 | election. If an election is called and there are fewer than 29 |
550 | days before that election, the registration books must be closed |
551 | immediately. When the registration books are closed for an |
552 | election, only updates to a voter's name, address, and signature |
553 | pursuant to ss. 98.077 and 101.045 will be permitted for |
554 | purposes of the upcoming election. Voter registration |
555 | applications and party changes must be accepted but only for the |
556 | purpose of subsequent elections. However, party changes received |
557 | between the book-closing date of the first primary election and |
558 | the date of the second primary election are not effective until |
559 | after the second primary election. |
560 | Section 9. Section 97.057, Florida Statutes, is amended to |
561 | read: |
562 | 97.057 Voter registration by the Department of Highway |
563 | Safety and Motor Vehicles.-- |
564 | (1) The Department of Highway Safety and Motor Vehicles |
565 | shall provide the opportunity to register to vote or to update a |
566 | voter registration record to each individual who comes to an |
567 | office of that department to: |
568 | (a) Apply for or renew a driver's license; |
569 | (b) Apply for or renew an identification card pursuant to |
570 | chapter 322; or |
571 | (c) Change an address on an existing driver's license or |
572 | identification card. |
573 | (2) The Department of Highway Safety and Motor Vehicles |
574 | shall: |
575 | (a) Notify each individual, orally or in writing, that: |
576 | 1. Information gathered for the completion of a driver's |
577 | license or identification card application, renewal, or change |
578 | of address can be automatically transferred to a voter |
579 | registration application; |
580 | 2. If additional information and a signature are provided, |
581 | the voter registration application will be completed and sent to |
582 | the proper election authority; |
583 | 3. Information provided can also be used to update a voter |
584 | registration record; |
585 | 4. All declinations will remain confidential and may be |
586 | used only for voter registration purposes; and |
587 | 5. The particular driver license office in which the |
588 | person applies to register to vote or updates a voter |
589 | registration record will remain confidential and may be used |
590 | only for voter registration purposes. |
591 | (b) Require a driver's license examiner to inquire orally, |
592 | or, if the applicant is hearing impaired, inquire in writing if |
593 | the applicant is hearing impaired, and whether the applicant |
594 | wishes to register to vote or update a voter registration record |
595 | during the completion of a driver's license or identification |
596 | card application, renewal, or change of address. |
597 | 1. If the applicant chooses to register to vote or to |
598 | update a voter registration record: |
599 | a. All applicable information received by the Department |
600 | of Highway Safety and Motor Vehicles in the course of filling |
601 | out the forms necessary under subsection (1) must be transferred |
602 | to a voter registration application.; |
603 | b. The additional necessary information must be obtained |
604 | by the driver's license examiner and must not duplicate any |
605 | information already obtained while completing the forms required |
606 | under subsection (1).; and |
607 | c. A voter registration application with all of the |
608 | applicant's voter registration information must be presented to |
609 | the applicant to review and verify the voter registration |
610 | information received and provide an electronic signature |
611 | affirming the accuracy of the information provided sign. |
612 | 2. If the applicant declines to register to vote, update |
613 | the applicant's voter registration record, or change the |
614 | applicant's address by either orally declining or by failing to |
615 | sign the voter registration application, the Department of |
616 | Highway Safety and Motor Vehicles must note such declination on |
617 | its records and shall forward the declination to the statewide |
618 | voter registration system keep the declination for 2 years but |
619 | must forward a copy of the unsigned voter registration |
620 | application within 5 days after receipt to the appropriate |
621 | supervisor of elections. |
622 | (3) For the purpose of this section, the Department of |
623 | Highway Safety and Motor Vehicles, with the approval of the |
624 | Department of State, shall prescribe: |
625 | (a) A voter registration application that is the same in |
626 | content, format, and size as the uniform statewide voter |
627 | registration application prescribed under s. 97.052; and |
628 | (b) A form that will inform applicants under subsection |
629 | (1) of the information contained in paragraph (2)(a). |
630 | (4) The Department of Highway Safety and Motor Vehicles |
631 | must electronically transmit forward completed voter |
632 | registration applications within 24 hours after receipt to the |
633 | statewide voter registration system. Completed paper voter |
634 | registration applications received by the Department of Highway |
635 | Safety and Motor Vehicles shall be forwarded to the department |
636 | within 5 days after receipt to the supervisor of the county |
637 | where the office that processed or received that application is |
638 | located. |
639 | (5) The Department of Highway Safety and Motor Vehicles |
640 | must send, with each driver's license renewal extension |
641 | application authorized pursuant to s. 322.18(8), a uniform |
642 | statewide voter registration application, the voter registration |
643 | application prescribed under paragraph (3)(a), or a voter |
644 | registration application developed especially for the purposes |
645 | of this subsection by the Department of Highway Safety and Motor |
646 | Vehicles, with the approval of the Department of State, which |
647 | must meet the requirements of s. 97.052. |
648 | (6) A person providing voter registration services for a |
649 | driver license office may not: |
650 | (a) Seek to influence an applicant's political preference |
651 | or party registration; |
652 | (b) Display any political preference or party allegiance; |
653 | (c) Make any statement to an applicant or take any action |
654 | the purpose or effect of which is to discourage the applicant |
655 | from registering to vote; or |
656 | (d) Disclose any applicant's voter registration |
657 | information except as needed for the administration of voter |
658 | registration. |
659 | (7) The Department of Highway Safety and Motor Vehicles |
660 | shall compile lists, by county, of those individuals whose names |
661 | have been purged from its driver's license database because they |
662 | have been licensed in another state and shall provide those |
663 | lists annually to the appropriate supervisors. |
664 | (7)(8) The Department of Highway Safety and Motor Vehicles |
665 | shall collect data determined necessary by the Department of |
666 | State for program evaluation and reporting to the Federal |
667 | Election Assistance Commission pursuant to federal law the |
668 | National Voter Registration Act of 1993. |
669 | (8)(9) The Department of Highway Safety and Motor Vehicles |
670 | must ensure that all voter registration services provided by |
671 | driver license offices are in compliance with the Voting Rights |
672 | Act of 1965. |
673 | (9) The Department of Highway Safety and Motor Vehicles |
674 | shall retain complete records of voter registration information |
675 | received, processed, and submitted to the statewide voter |
676 | registration system. These records shall be for the explicit |
677 | purpose of supporting audit and accounting controls established |
678 | to ensure accurate and complete electronic transmission of |
679 | records between the statewide voter registration system and the |
680 | Department of Highway Safety and Motor Vehicles. |
681 | (10) The department shall provide the Department of |
682 | Highway Safety and Motor Vehicles with an electronic database of |
683 | street addresses valid for use as the legal residence address as |
684 | required in s. 97.053(5). The Department of Highway Safety and |
685 | Motor Vehicles shall compare the address provided by the |
686 | applicant against the database of valid street addresses. If the |
687 | address provided by the applicant does not match a valid street |
688 | address in the database, the applicant will be asked to verify |
689 | the address provided. The Department of Highway Safety and Motor |
690 | Vehicles shall not reject any application for voter registration |
691 | for which a valid match cannot be made. |
692 | (11) The Department of Highway Safety and Motor Vehicles |
693 | shall enter into an agreement with the department to match |
694 | information in the statewide voter registration system with |
695 | information in the database of the Department of Highway Safety |
696 | and Motor Vehicles to the extent required to verify the accuracy |
697 | of the driver's license number, Florida identification number, |
698 | or last four digits of the social security number provided on |
699 | applications for voter registration as required in s. 97.053. |
700 | (12) The Department of Highway Safety and Motor Vehicles |
701 | shall enter into an agreement with the Commissioner of Social |
702 | Security as required by the Help America Vote Act of 2002 to |
703 | verify the last four digits of the social security number |
704 | provided in applications for voter registration as required in |
705 | s. 97.053. |
706 | Section 10. Subsections (6), (7), and (9) of section |
707 | 97.058, Florida Statutes, are amended to read: |
708 | 97.058 Voter registration agencies.-- |
709 | (6) A voter registration agency must forward all completed |
710 | and incomplete voter registration applications within 5 days |
711 | after receipt to the supervisor of the county where the agency |
712 | that processed or received that application is located. |
713 | (7) A voter registration agency must retain declinations |
714 | for a period of 2 years, during which time the declinations are |
715 | not considered a record of the client pursuant to the laws |
716 | governing the agency's records. However, a voter registration |
717 | agency must forward a copy of each incompleted voter |
718 | registration application within 5 days after receipt to the |
719 | appropriate supervisor of elections. |
720 | (9) A voter registration agency must collect data |
721 | determined necessary by the department for program evaluation |
722 | and reporting to the Federal Election Assistance Commission |
723 | pursuant to federal law the National Voter Registration Act of |
724 | 1993. |
725 | Section 11. Section 97.061, Florida Statutes, is amended |
726 | to read: |
727 | 97.061 Special registration for electors requiring |
728 | assistance.-- |
729 | (1) Any person who is eligible to register and who is |
730 | unable to read or write or who, because of some disability, |
731 | needs assistance in voting shall upon that person's request be |
732 | registered by the supervisor under the procedure prescribed by |
733 | this section and shall be entitled to receive assistance at the |
734 | polls under the conditions prescribed by this section. |
735 | (2) If a person is qualified to register pursuant to this |
736 | section, the voter registration official supervisor shall note |
737 | in that person's registration record that the person needs |
738 | assistance in voting. |
739 | (3) The precinct register generated by the supervisor |
740 | shall contain Upon registering any person pursuant to this |
741 | section, the supervisor must make a notation on the registration |
742 | books or records which are delivered to the polls on election |
743 | day that such person is eligible for assistance in voting, and |
744 | the supervisor shall may issue such person a special |
745 | registration identification card or make a some notation on the |
746 | voter information regular registration identification card that |
747 | such person is eligible for assistance in voting. Such person |
748 | shall be entitled to receive the assistance of two election |
749 | officials or some other person of his or her own choice, other |
750 | than the person's employer, the agent of the person's employer, |
751 | or an officer or agent of the person's union, without the |
752 | necessity of executing the "Declaration to Secure Assistance" |
753 | prescribed in s. 101.051. Such person shall notify the |
754 | supervisor of any change in his or her condition which makes it |
755 | unnecessary for him or her to receive assistance in voting. |
756 | Section 12. Section 97.071, Florida Statutes, is amended |
757 | to read: |
758 | 97.071 Voter information Registration identification |
759 | card.-- |
760 | (1) The department shall prescribe by rule a voter |
761 | information registration identification card that shall must be |
762 | furnished by the supervisor to all registered voters residing in |
763 | the supervisor's county. The card shall registering under the |
764 | permanent single registration system and must contain: |
765 | (a) Voter's registration number. |
766 | (b) Date of registration. |
767 | (c) Full name. |
768 | (d) Party affiliation. |
769 | (e) Date of birth. |
770 | (f) Race or ethnicity, if provided by the applicant. |
771 | (g) Sex, if provided by the applicant. |
772 | (e)(h) Address of legal residence. |
773 | (f)(i) Precinct number. |
774 | (g)(j) Name of supervisor and contact information of |
775 | supervisor. |
776 | (k) Place for voter's signature. |
777 | (h)(l) Other information deemed necessary by the |
778 | department. |
779 | (2) A voter may receive a replacement voter information of |
780 | a registration identification card by providing a signed, |
781 | written request for a replacement card to a voter registration |
782 | official the supervisor. Upon verification of registration, the |
783 | supervisor shall issue the voter a duplicate card without |
784 | charge. |
785 | (3) In the case of a change of name, address, or party |
786 | affiliation, the supervisor shall must issue the voter a new |
787 | voter information registration identification card. However, a |
788 | voter information registration identification card indicating a |
789 | party affiliation change made between the book-closing date for |
790 | the first primary election and the date of the second primary |
791 | election may not be issued until after the second primary |
792 | election. |
793 | Section 13. Section 97.073, Florida Statutes, is amended |
794 | to read: |
795 | 97.073 Disposition of voter registration applications; |
796 | cancellation notice.-- |
797 | (1) The supervisor must notify each applicant of the |
798 | disposition of the applicant's voter registration application. |
799 | The notice must inform the applicant that the application has |
800 | been approved, is incomplete, has been denied, or is a duplicate |
801 | of a current registration. A voter information registration |
802 | identification card sent to an applicant constitutes notice of |
803 | approval of registration. If the application is incomplete, the |
804 | supervisor must request that the applicant supply the missing |
805 | information using a voter registration application signed by the |
806 | applicant in writing and sign a statement that the additional |
807 | information is true and correct. A notice of denial must inform |
808 | the applicant of the reason the application was denied. |
809 | (2) Within 2 weeks after approval of a voter registration |
810 | application that indicates that the applicant was previously |
811 | registered in another state jurisdiction, the department |
812 | supervisor must notify the registration official in the prior |
813 | state jurisdiction that the applicant is now registered in this |
814 | state the supervisor's county. |
815 | Section 14. Section 97.1031, Florida Statutes, is amended |
816 | to read: |
817 | 97.1031 Notice of change of residence within the same |
818 | county, change of name, or change of party affiliation.-- |
819 | (1) When an elector moves from the address named on that |
820 | person's voter registration record to another address within the |
821 | state or changes his or her name by marriage or other legal |
822 | process same county, the elector shall submit the new |
823 | information to a voter registration official using a voter |
824 | registration application signed by the elector must provide |
825 | notification of such move to the supervisor of elections of that |
826 | county. The elector may provide the supervisor a signed, written |
827 | notice or may notify the supervisor by telephone or electronic |
828 | means. However, notification of such move other than by signed, |
829 | written notice must include the elector's date of birth. A voter |
830 | information registration identification card reflecting the new |
831 | information address of legal residence shall be issued to the |
832 | elector as provided in subsection (3)(4). |
833 | (2) When the name of an elector is changed by marriage or |
834 | other legal process, the elector must provide a signed, written |
835 | notification of such change to the supervisor and obtain a |
836 | registration identification card reflecting the new name. |
837 | (2)(3) When an elector seeks to change party affiliation, |
838 | the elector shall must provide notice a signed, written |
839 | notification of such intent to a voter registration official |
840 | using a voter registration application signed by the elector. A |
841 | voter information the supervisor and obtain a registration |
842 | identification card reflecting the new party affiliation, shall |
843 | be issued by the supervisor to the elector subject to the |
844 | issuance restriction in s. 97.071(3). |
845 | (3)(4) The voter registration official supervisor shall |
846 | make the necessary changes in the elector's records as soon as |
847 | practical upon receipt of such notice of a change of address of |
848 | legal residence, name, or party affiliation and shall issue the |
849 | new registration identification card as required by s. |
850 | 97.071(3). |
851 | Section 15. Section 97.105, Florida Statutes, is amended |
852 | to read: |
853 | 97.105 Permanent single registration system |
854 | established.--A permanent single registration system for the |
855 | registration of electors to qualify them to vote in all |
856 | elections is provided for the several counties and |
857 | municipalities. This system shall be put into use by all |
858 | municipalities and shall be in lieu of any other system of |
859 | municipal registration. Electors shall be registered pursuant to |
860 | in pursuance of this system by a voter registration official the |
861 | supervisor or by a deputy supervisor, and electors registered |
862 | shall not thereafter be required to register or reregister |
863 | except as provided by law. |
864 | Section 16. Subsections (3), (10), and (11) of section |
865 | 98.015, Florida Statutes, are amended to read: |
866 | 98.015 Supervisor of elections; election, tenure of |
867 | office, compensation, custody of books, office hours, successor, |
868 | seal; appointment of deputy supervisors; duties.-- |
869 | (3) The supervisor is required to update voter |
870 | registration information and enter new voter registrations into |
871 | the statewide voter registration system and to act as the |
872 | official custodian of documents received by the supervisor |
873 | related to the registration of electors and changes in voter |
874 | registration status the registration books and has the exclusive |
875 | control of matters pertaining to registration of electors. |
876 | (10) Each supervisor shall must ensure that all voter |
877 | registration and list maintenance procedures conducted by such |
878 | supervisor are in compliance with any applicable requirements |
879 | prescribed by the department through the statewide voter |
880 | registration system or prescribed by for that county under the |
881 | Voting Rights Act of 1965, the National Voter Registration Act |
882 | of 1993, and the Help America Vote Act of 2002. |
883 | (11) Each supervisor shall ensure that any voter |
884 | registration system used by the supervisor for administering his |
885 | or her duties as a voter registration official complies with the |
886 | specifications and procedures established by the department and |
887 | the statewide voter registration system Each supervisor of |
888 | elections shall forward to the property appraiser for the county |
889 | in which the homestead is claimed the name of the person and the |
890 | address of the homestead of each person who registers to vote at |
891 | an address other than that at which the person claims a |
892 | homestead exemption, as disclosed on the uniform statewide voter |
893 | registration application pursuant to s. 97.052. |
894 | Section 17. Section 98.035, Florida Statutes, is created |
895 | to read: |
896 | 98.035 Statewide voter registration system; |
897 | implementation, operation, and maintenance.-- |
898 | (1) The Secretary of State, as chief election officer of |
899 | the state, shall be responsible for implementing, operating, and |
900 | maintaining, in a uniform and nondiscriminatory manner, a |
901 | single, uniform, official, centralized, interactive, |
902 | computerized statewide voter registration system as required by |
903 | the Help America Vote Act of 2002. |
904 | (2) The statewide voter registration system shall contain |
905 | the name and registration information of every legally |
906 | registered voter in the state. All voters shall be assigned a |
907 | unique identifier. The system shall be the official list of |
908 | registered voters in the state and shall provide secured access |
909 | by authorized voter registration officials. The system shall |
910 | enable voter registration officials to provide, access, and |
911 | update voter registration information. |
912 | (3) The department shall not contract with any private |
913 | entity for the operation of the statewide voter registration |
914 | system. |
915 | (4) The implementation of the statewide voter registration |
916 | system shall not prevent any supervisor of elections from |
917 | acquiring, maintaining, or using any hardware or software |
918 | necessary or desirable to carry out the supervisor's |
919 | responsibilities related to the use of voter registration |
920 | information or the conduct of elections, provided that such |
921 | hardware or software does not conflict with the operation of the |
922 | statewide voter registration system. |
923 | (5) The department may adopt rules governing the access, |
924 | use, and operation of the statewide voter registration system to |
925 | ensure security, uniformity, and integrity of the system. |
926 | Section 18. Section 98.045, Florida Statutes, is amended |
927 | to read: |
928 | 98.045 Administration of voter registration.-- |
929 | (1) ELIGIBILITY OF APPLICANT.--The department Each |
930 | supervisor must ensure that any eligible applicant for voter |
931 | registration is registered to vote and that each application for |
932 | voter registration is processed in accordance with law. The |
933 | department shall determine whether a voter registration |
934 | applicant is ineligible based on any of the following: |
935 | (a) The failure to complete a voter registration |
936 | application as specified in s. 97.053. |
937 | (b) The applicant is deceased. |
938 | (c) The applicant has been convicted of a felony for which |
939 | his or her civil rights have not been restored. |
940 | (d) The applicant has been adjudicated mentally |
941 | incapacitated with respect to the right to vote and such right |
942 | has not been restored. |
943 | (e) The applicant does not meet the age requirement |
944 | pursuant to s. 97.041. |
945 | (f) The applicant is not a United States citizen. |
946 | (g) The applicant is a fictitious person. |
947 | (h) The applicant has provided an address of legal |
948 | residence that is not his or her legal residence. |
949 | (i) The applicant has provided a driver's license number, |
950 | Florida identification card number, or the last four digits of a |
951 | social security number that is not verifiable by the department. |
952 | (2) REMOVAL OF REGISTERED VOTERS.-- |
953 | (a) Once a voter is registered, the name of that voter may |
954 | not be removed from the statewide voter registration system |
955 | books except at the written request of the voter, by reason of |
956 | the voter's conviction of a felony or adjudication as mentally |
957 | incapacitated with respect to voting, by death of the voter, or |
958 | pursuant to a registration list maintenance program or other |
959 | registration list maintenance activity conducted pursuant to s. |
960 | 98.065 or, s. 98.075, or s. 98.0977. |
961 | (b)(2) Information received by a voter registration |
962 | official supervisor from an election official in another state |
963 | jurisdiction indicating that a registered voter in this state |
964 | the supervisor's county has registered to vote in that other |
965 | state jurisdiction shall be considered as a written request from |
966 | the voter to have the voter's name removed from the statewide |
967 | voter registration system books of the supervisor's county. |
968 | (3) PUBLIC RECORDS ACCESS AND RETENTION.--Each voter |
969 | registration official Notwithstanding the provisions of ss. |
970 | 98.095 and 98.0977, each supervisor shall maintain for at least |
971 | 2 years, and make available for public inspection and copying, |
972 | all records concerning implementation of registration list |
973 | maintenance programs and activities conducted pursuant to ss. |
974 | 98.065 and, 98.075, and 98.0977. The records must include lists |
975 | of the name and address of each person to whom a an address |
976 | confirmation final notice was sent and information as to whether |
977 | each such person responded to the mailing, but may not include |
978 | any information that is confidential or exempt from public |
979 | records requirements under this code. |
980 | (4) STATEWIDE ELECTRONIC DATABASE OF VALID STREET |
981 | ADDRESSES.-- |
982 | (a) The department shall compile and maintain a statewide |
983 | electronic database of valid street addresses; make all |
984 | reasonable efforts to coordinate with county 911, property |
985 | appraisers, the Department of Revenue, the United States Postal |
986 | Service, or other agencies as necessary to ensure the continued |
987 | accuracy of such lists; and evaluate the information to identify |
988 | any duplicate addresses and any address that may overlap county |
989 | boundaries. |
990 | (b) The department shall make the statewide database of |
991 | valid street addresses available to the Department of Highway |
992 | Safety and Motor Vehicles as provided for in s. 97.057(10). The |
993 | Department of Highway Safety and Motor Vehicles shall use the |
994 | database for purposes of validating the legal residential |
995 | addresses provided in voter registration applications received |
996 | by the Department of Highway Safety and Motor Vehicles. |
997 | (5) FORMS.--The department may prescribe by rule forms |
998 | necessary to conduct maintenance of records in the statewide |
999 | voter registration system. |
1000 | Section 19. Section 98.065, Florida Statutes, as amended |
1001 | by chapter 2002-281, Laws of Florida, is amended to read: |
1002 | 98.065 Registration list maintenance programs.-- |
1003 | (1) The supervisor must conduct a general registration |
1004 | list maintenance program to protect the integrity of the |
1005 | electoral process by ensuring the maintenance of accurate and |
1006 | current voter registration records in the statewide voter |
1007 | registration system. The program must be uniform, |
1008 | nondiscriminatory, and in compliance with the Voting Rights Act |
1009 | of 1965, the National Voter Registration Act of 1993, and the |
1010 | Help America Vote Act of 2002. As used in this subsection, the |
1011 | term "nondiscriminatory" applies to and includes persons with |
1012 | disabilities. |
1013 | (2) A supervisor must incorporate one or more of the |
1014 | following procedures in the supervisor's biennial registration |
1015 | list maintenance program under which: |
1016 | (a) Change-of-address information supplied by the United |
1017 | States Postal Service through its licensees is used to identify |
1018 | registered voters whose addresses might have changed; |
1019 | (b) Change-of-address information is identified from |
1020 | returned nonforwardable return-if-undeliverable mail sent to all |
1021 | registered voters in the county; or |
1022 | (c) Change-of-address information is identified from |
1023 | returned nonforwardable return-if-undeliverable address |
1024 | confirmation requests mailed to all registered voters who have |
1025 | not voted in the last 2 years and who did not make a written |
1026 | request that their registration records be updated during that |
1027 | time. |
1028 | (3) A registration list maintenance program must be |
1029 | conducted by each supervisor, at a minimum, in each odd-numbered |
1030 | year and must be completed not later than 90 days prior to the |
1031 | date of any federal election. A voter's name may not be removed |
1032 | from the statewide voter registration system books later than 90 |
1033 | days prior to the date of a federal election. However, nothing |
1034 | in this section shall preclude the removal of the name of a |
1035 | voter from the statewide voter registration system books, at any |
1036 | time and without prior notification, upon the written request of |
1037 | the voter, by reason of conviction of the voter of a felony, by |
1038 | reason of adjudication of the voter as mentally incapacitated |
1039 | with respect to voting, by reason of the death of the voter, or |
1040 | upon a determination of ineligibility as provided in s. |
1041 | 98.075(3). All list maintenance actions associated with each |
1042 | voter must be entered, tracked, and maintained in the statewide |
1043 | voter registration system. |
1044 | (4)(a) If the supervisor receives change-of-address |
1045 | information pursuant to the activities conducted in subsection |
1046 | (2), from jury notices signed by the voter and returned to the |
1047 | courts, from the Department of Highway Safety and Motor |
1048 | Vehicles, or from other sources, which information indicates |
1049 | that the legal address of a registered voter might have changed, |
1050 | the supervisor shall send by forwardable return-if-undeliverable |
1051 | mail an address confirmation notice to the address at which the |
1052 | voter was last registered. A supervisor may also send an address |
1053 | confirmation notice to any voter who the supervisor has reason |
1054 | to believe has moved from his or her legal residence. |
1055 | (b) The address confirmation notice shall contain a |
1056 | postage prepaid preaddressed return form on which: |
1057 | 1. If the voter has changed his or her address of legal |
1058 | residence to a location outside the state, the voter shall mark |
1059 | that the voter's legal residence has changed to a location |
1060 | outside the state. The form shall also include information on |
1061 | how to register in the new state in order to be eligible to |
1062 | vote. The form must be returned within 30 days after the date of |
1063 | the notice. The completed form shall constitute a request to be |
1064 | removed from the statewide voter registration system. |
1065 | 2. If the voter has changed his or her address of legal |
1066 | residence to a location inside the state, the voter shall set |
1067 | forth the updated or corrected address and submit the return |
1068 | form within 30 days after the date of the notice. The completed |
1069 | form shall constitute a request to update the statewide voter |
1070 | registration system with the updated or corrected address |
1071 | information. |
1072 | 3. If the voter has not changed his or her address of |
1073 | legal residence as printed on the address confirmation notice, |
1074 | the voter shall confirm that his or her address of legal |
1075 | residence has not changed and submit the form within 30 days |
1076 | after the date of the notice. |
1077 | (c) The supervisor must designate as inactive all voters |
1078 | who have been sent an address confirmation notice and who have |
1079 | not returned the postage prepaid preaddressed return form within |
1080 | 30 days or for which an address confirmation notice has been |
1081 | returned as undeliverable. Names on the inactive list may not be |
1082 | used to calculate the number of signatures needed on any |
1083 | petition. A voter on the inactive list may be restored to the |
1084 | active list of voters upon the voter updating his or her |
1085 | registration, requesting an absentee ballot, or appearing to |
1086 | vote. However, if the voter does not update his or her voter |
1087 | registration information, request an absentee ballot, or vote by |
1088 | the second general election after being placed on the inactive |
1089 | list, the voter's name shall be removed from the statewide voter |
1090 | registration system and the voter shall be required to |
1091 | reregister to have his or her name restored to the statewide |
1092 | voter registration system. |
1093 | (5) No notice may be issued pursuant to this section and |
1094 | no voter's name may be removed from the statewide voter |
1095 | registration system later than 90 days prior to the date of a |
1096 | federal election. However, nothing in this section shall |
1097 | preclude the removal of the name of a voter from the statewide |
1098 | voter registration system at any time upon the voter's written |
1099 | request, by reason of the voter's death, or upon a determination |
1100 | of the voter's ineligibility as provided in s. 98.075(7). |
1101 | (6)(a) No later than July 31 and January 31 of each year, |
1102 | the supervisor must certify to the department the list |
1103 | maintenance activities conducted during the first 6 months and |
1104 | the second 6 months of the year, respectively, including the |
1105 | number of address confirmation requests sent, the number of |
1106 | address confirmation final notices sent, the number of voters |
1107 | designated as inactive, and the number of voters removed from |
1108 | the statewide voter registration system. |
1109 | (b) If, based on the certification provided pursuant to |
1110 | paragraph (a), the department determines that a supervisor has |
1111 | not conducted the list maintenance activities as required by |
1112 | this section, the department shall conduct the appropriate list |
1113 | maintenance activities for that county. Failure to conduct list |
1114 | maintenance activities as required in this section shall |
1115 | constitute a violation of s. 104.051. |
1116 | (4) If the supervisor receives change-of-address |
1117 | information from the United States Postal Service or its |
1118 | licensees or from jury notices signed by the voter and returned |
1119 | to the courts, which indicates that: |
1120 | (a) The voter has moved within the supervisor's county, |
1121 | the supervisor must change the registration records to show the |
1122 | new address and must send the voter a notice of the change by |
1123 | forwardable mail, including a postage prepaid preaddressed |
1124 | return form with which the voter may verify or correct the |
1125 | address information. |
1126 | (b) The voter has moved outside the supervisor's county, |
1127 | or contains no forwarding address, the supervisor shall send an |
1128 | address confirmation final notice and remove the name of the |
1129 | voter from the registration record if that voter did not: |
1130 | 1. Return the postage prepaid preaddressed return form; |
1131 | 2. Appear to vote; |
1132 | 3. Change the voter's registration; or |
1133 | 4. Request an absentee ballot |
1134 |
|
1135 | during the period beginning on the date when the address |
1136 | confirmation final notice was sent and ending on the day after |
1137 | the date of the second general election thereafter. |
1138 | (5) The supervisor must designate as inactive all voters |
1139 | who have been sent an address confirmation final notice and who |
1140 | have not returned the postage prepaid preaddressed return form |
1141 | within 30 days. A voter on the inactive list must be allowed to |
1142 | vote and to change the voter's name or address of legal |
1143 | residence at the polls pursuant to s. 101.045. Names on the |
1144 | inactive list may not be used to calculate the number of |
1145 | signatures needed on any petition or the quantity of voting |
1146 | equipment needed. |
1147 | Section 20. Section 98.075, Florida Statutes, is amended |
1148 | to read: |
1149 | (Substantial rewording of section. See |
1150 | s. 98.075, F.S., for present text) |
1151 | 98.075 Registration records maintenance activities; |
1152 | ineligibility determinations.-- |
1153 | (1) MAINTENANCE OF RECORDS.--The department shall protect |
1154 | the integrity of the electoral process by ensuring the |
1155 | maintenance of accurate and current voter registration records. |
1156 | List maintenance activities must be uniform, nondiscriminatory, |
1157 | and in compliance with the Voting Rights Act of 1965, the |
1158 | National Voter Registration Act of 1993, and the Help America |
1159 | Vote Act of 2002. |
1160 | (2) DUPLICATE REGISTRATION.--The department shall identify |
1161 | those voters who are registered more than once or those |
1162 | applicants whose registration applications would result in |
1163 | duplicate registrations. The most recent application shall be |
1164 | deemed an update to the voter registration record. |
1165 | (3) DECEASED PERSONS.--The department shall identify those |
1166 | registered voters who are deceased by comparing information on |
1167 | the lists of deceased persons received from the Department of |
1168 | Health as provided in s. 98.093. Upon receipt of such |
1169 | information through the statewide voter registration system, the |
1170 | supervisor shall remove the name of the registered voter. |
1171 | (4) ADJUDICATION OF MENTAL INCAPACITY.--The department |
1172 | shall identify those registered voters who have been adjudicated |
1173 | mentally incapacitated with respect to voting and who have not |
1174 | had their voting rights restored by comparing information |
1175 | received from the clerk of the circuit court as provided in s. |
1176 | 98.093. The department shall review such information and make an |
1177 | initial determination as to whether the information is credible |
1178 | and reliable. If the department determines that the information |
1179 | is credible and reliable, the department shall notify the |
1180 | supervisor and provide a copy of the supporting documentation |
1181 | indicating the potential ineligibility of the voter to be |
1182 | registered. Upon receipt of the notice that the department has |
1183 | made a determination of initial credibility and reliability, the |
1184 | supervisor shall adhere to the procedures set forth in |
1185 | subsection (7) prior to the removal of a registered voter from |
1186 | the statewide voter registration system. |
1187 | (5) FELONY CONVICTION.--The department shall identify |
1188 | those registered voters who have been convicted of a felony and |
1189 | whose rights have not been restored by comparing information |
1190 | received from, but not limited to, a clerk of the circuit court, |
1191 | the Board of Executive Clemency, the Department of Corrections, |
1192 | the Department of Law Enforcement, and a United States |
1193 | Attorney's Office, as provided in s. 98.093. The department |
1194 | shall review such information and make an initial determination |
1195 | as to whether the information is credible and reliable. If the |
1196 | department determines that the information is credible and |
1197 | reliable, the department shall notify the supervisor and provide |
1198 | a copy of the supporting documentation indicating the potential |
1199 | ineligibility of the voter to be registered. Upon receipt of the |
1200 | notice that the department has made a determination of initial |
1201 | credibility and reliability, the supervisor shall adhere to the |
1202 | procedures set forth in subsection (7) prior to the removal of a |
1203 | registered voter's name from the statewide voter registration |
1204 | system. |
1205 | (6) OTHER BASES FOR INELIGIBILITY.--If the department or |
1206 | voter registration official receives information other than from |
1207 | the sources identified in subsections (2)-(5) that a registered |
1208 | voter does not meet the age requirement pursuant to s. 97.041, |
1209 | is not a United States citizen, is a fictitious person, or has |
1210 | listed a residence that is not his or her legal residence, the |
1211 | supervisor shall adhere to the procedures set forth in |
1212 | subsection (7) prior to the removal of a registered voter's name |
1213 | from the statewide voter registration system. |
1214 | (7) PROCEDURES FOR REMOVAL.-- |
1215 | (a) If the supervisor receives notice or information |
1216 | pursuant to subsections (4)-(6), the supervisor of the county in |
1217 | which the voter is registered shall: |
1218 | 1. Notify the registered voter of his or her potential |
1219 | ineligibility by mail within 7 days after receipt of notice or |
1220 | information. The notice shall include: |
1221 | a. A statement of the basis for the registered voter's |
1222 | potential ineligibility and a copy of any documentation upon |
1223 | which the potential ineligibility is based. |
1224 | b. A statement that failure to respond within 30 days |
1225 | after receipt of the notice may result in a determination of |
1226 | ineligibility and in the removal of the registered voter's name |
1227 | from the statewide voter registration system. |
1228 | c. A return form that requires the registered voter to |
1229 | admit or deny the accuracy of the information underlying the |
1230 | potential ineligibility for purposes of a final determination by |
1231 | the supervisor. |
1232 | d. A statement that, if the voter is denying the accuracy |
1233 | of the information underlying the potential ineligibility, the |
1234 | voter has a right to request a hearing for the purpose of |
1235 | determining eligibility. |
1236 | e. Instructions for the registered voter to contact the |
1237 | supervisor of elections of the county in which the voter is |
1238 | registered if assistance is needed in resolving the matter. |
1239 | f. Instructions for seeking restoration of civil rights |
1240 | following a felony conviction, if applicable. |
1241 | 2. If the mailed notice is returned as undeliverable, the |
1242 | supervisor shall publish notice once in a newspaper of general |
1243 | circulation in the county in which the voter was last |
1244 | registered. The notice shall contain the following: |
1245 | a. The voter's name and address. |
1246 | b. A statement that the voter is potentially ineligible to |
1247 | be registered to vote. |
1248 | c. A statement that failure to respond within 30 days from |
1249 | the published notice may result in a determination of |
1250 | ineligibility by the supervisor and the removal of the |
1251 | registered voter's name from the statewide voter registration |
1252 | system. |
1253 | d. An instruction for the voter to contact the supervisor |
1254 | no later than 30 days from the date of the published notice to |
1255 | receive information regarding the basis for the potential |
1256 | ineligibility and the procedure to resolve the matter. |
1257 | e. An instruction to the voter that, if further assistance |
1258 | is needed, the voter should contact the supervisor of elections |
1259 | of the county in which the voter is registered. |
1260 | 3. If a registered voter fails to respond to a notice |
1261 | pursuant to subparagraph 1. or subparagraph 2., the supervisor |
1262 | shall make a final determination of the voter's eligibility. If |
1263 | the supervisor determines that the voter is ineligible, the |
1264 | supervisor shall remove the name of the registered voter from |
1265 | the statewide voter registration system. The supervisor shall |
1266 | notify the registered voter of his or her determination and |
1267 | action. |
1268 | 4. If a registered voter responds to the notice pursuant |
1269 | to subparagraph 1. or subparagraph 2. and admits the accuracy of |
1270 | the information underlying the potential ineligibility, the |
1271 | supervisor shall make a final determination of ineligibility and |
1272 | shall remove the voter's name from the statewide voter |
1273 | registration system. The supervisor shall notify the registered |
1274 | voter of his or her determination and action. |
1275 | 5. If a registered voter responds to the notice issued |
1276 | pursuant to subparagraph 1. or subparagraph 2. and denies the |
1277 | accuracy of the information underlying the potential |
1278 | ineligibility but does not request a hearing, the supervisor |
1279 | shall review the evidence and make a final determination of |
1280 | eligibility. If such registered voter requests a hearing, the |
1281 | supervisor shall send notice to the registered voter to attend a |
1282 | hearing at a time and place specified in the notice. Upon |
1283 | hearing all evidence presented at the hearing, the supervisor |
1284 | shall make a determination of eligibility. If the supervisor |
1285 | determines that the registered voter is ineligible, the |
1286 | supervisor shall remove the voter's name from the statewide |
1287 | voter registration system and notify the registered voter of his |
1288 | or her determination and action. |
1289 | (b) The following shall apply to this subsection: |
1290 | 1. All determinations of eligibility shall be based on a |
1291 | preponderance of the evidence. |
1292 | 2. All proceedings are exempt from the provisions of |
1293 | chapter 120. |
1294 | 3. Any notice shall be sent by certified mail, return |
1295 | receipt requested, or other means that provides a verification |
1296 | of receipt to the registered voter or by publication in a |
1297 | newspaper of general circulation where the voter was last |
1298 | registered, whichever is applicable. |
1299 | 4. The supervisor shall remove the name of any registered |
1300 | voter from the statewide voter registration system only after |
1301 | the supervisor makes a final determination that the voter is |
1302 | ineligible. |
1303 | 5. Any voter whose name has been removed from the |
1304 | statewide voter registration system pursuant to a determination |
1305 | of ineligibility may appeal that determination under the |
1306 | provisions of s. 98.0755. |
1307 | 6. Any voter whose name was removed from the statewide |
1308 | voter registration system on the basis of a determination of |
1309 | ineligibility who subsequently becomes eligible to vote shall be |
1310 | required to reregister to have his or her name restored to the |
1311 | statewide voter registration system. |
1312 | (8)(a) No later than July 31 and January 31 of each year, |
1313 | the supervisor shall certify to the department the activities |
1314 | conducted pursuant to this section during the first 6 months and |
1315 | the second 6 months of the year, respectively. The certification |
1316 | shall include the number of persons to whom notices were sent |
1317 | pursuant to subsection (7), the number of persons who responded |
1318 | to the notices, the number of notices returned as undeliverable, |
1319 | the number of notices published in the newspaper, the number of |
1320 | hearings conducted, and the number of persons removed from the |
1321 | statewide voter registration systems and the reasons for such |
1322 | removals. |
1323 | (b) If, based on the certification provided pursuant to |
1324 | paragraph (a), the department determines that a supervisor has |
1325 | not satisfied the requirements of this section, the department |
1326 | shall satisfy the appropriate requirements for that county. |
1327 | Failure to satisfy the requirements of this section shall |
1328 | constitute a violation of s. 104.051. |
1329 | Section 21. Section 98.0755, Florida Statutes, is created |
1330 | to read: |
1331 | 98.0755 Appeal of determination of ineligibility.--Appeal |
1332 | of the department's determination of ineligibility pursuant to |
1333 | s. 98.075(7) may be taken to the circuit court in and for the |
1334 | county where the person was registered. Notice of appeal must be |
1335 | filed within the time and in the manner provided by the Florida |
1336 | Rules of Appellate Procedure and acts as supersedeas. Trial in |
1337 | the circuit court is de novo and governed by the rules of that |
1338 | court. Unless the person can show that his or her name was |
1339 | erroneously or illegally removed from the statewide voter |
1340 | registration system, or that he or she is indigent, the person |
1341 | must bear the costs of the trial in the circuit court. |
1342 | Otherwise, the cost of the appeal must be paid by the |
1343 | department. |
1344 | Section 22. Section 98.077, Florida Statutes, is amended |
1345 | to read: |
1346 | 98.077 Update of voter signature.-- |
1347 | (1) A registered voter may update his or her signature on |
1348 | file in the statewide voter registration system at any time |
1349 | using a voter registration application submitted to a voter |
1350 | registration official. |
1351 | (2) The department and supervisors supervisor of elections |
1352 | shall include in any correspondence, other than postcard |
1353 | notifications and notices relating to eligibility, sent to a |
1354 | provide to each registered voter information regarding of the |
1355 | county the opportunity to update his or her signature on file at |
1356 | the supervisor's office by providing notification of the ability |
1357 | to do so in any correspondence, other than postcard |
1358 | notifications, sent to the voter. The notice shall advise when, |
1359 | where, and how to update the voter's signature and shall provide |
1360 | the voter information on how to obtain a voter registration |
1361 | application form from a voter registration official the |
1362 | supervisor that can be returned to update the signature. |
1363 | (3) In addition, At least once during each general |
1364 | election year, the supervisor shall publish in a newspaper of |
1365 | general circulation or other newspaper in the county deemed |
1366 | appropriate by the supervisor a notice specifying when, where, |
1367 | or how a voter can update his or her signature that is on file |
1368 | or how a voter can obtain a voter registration application form |
1369 | from a voter registration official the supervisor to do so. |
1370 | (4) All signature updates for use in verifying absentee |
1371 | and provisional ballots must be received by the appropriate |
1372 | supervisor of elections no later than the start of the |
1373 | canvassing of absentee ballots by the canvassing board. The |
1374 | signature on file at the start of the canvass of the absentees |
1375 | is the signature that shall be used in verifying the signature |
1376 | on the absentee and provisional ballot certificates. |
1377 | Section 23. Section 98.081, Florida Statutes, is amended |
1378 | to read: |
1379 | 98.081 Names removed from the statewide voter registration |
1380 | system books; restrictions on reregistering; recordkeeping; |
1381 | restoration of erroneously or illegally removed names.-- |
1382 | (1) Any person who requested that his or her name be |
1383 | removed from the statewide voter registration system books |
1384 | between the book-closing date of the first primary and the date |
1385 | of the second primary may not register in a different political |
1386 | party until after the date of the second primary election. |
1387 | (2) When the name of any elector is removed from the |
1388 | statewide voter registration system books pursuant to s. 98.065 |
1389 | or, s. 98.075, or s. 98.093, the elector's original registration |
1390 | application form shall be retained by the voter registration |
1391 | official having custody of the application filed alphabetically |
1392 | in the office of the supervisor. As alternatives, registrations |
1393 | removed from the statewide voter registration system books may |
1394 | be microfilmed and such microfilms substituted for the original |
1395 | registration applications forms; or, when voter registration |
1396 | information, including the voter's signature, is maintained |
1397 | digitally or on electronic, magnetic, or optic media, such |
1398 | stored information may be substituted for the original |
1399 | registration application form. Such microfilms or stored |
1400 | information shall be retained by the voter registration official |
1401 | having in the custody of the supervisor. In the event the |
1402 | original registration applications forms are microfilmed or |
1403 | maintained digitally or on electronic or other media, such |
1404 | originals may be destroyed in accordance with the schedule |
1405 | approved by the Bureau of Archives and Records Management of the |
1406 | Division of Library and Information Services of the department. |
1407 | (3) When the name of any elector has been erroneously or |
1408 | illegally removed from the statewide voter registration system |
1409 | books, the name of the elector shall be restored by a voter |
1410 | registration official the supervisor upon satisfactory proof, |
1411 | even though the registration period for that election is closed. |
1412 | Section 24. Section 98.093, Florida Statutes, is amended |
1413 | to read: |
1414 | 98.093 Duty of officials to furnish lists of deceased |
1415 | persons, persons adjudicated mentally incapacitated, and persons |
1416 | convicted of a felony.-- |
1417 | (1) In order to ensure the maintenance of accurate and |
1418 | current voter registration records, it is necessary for the |
1419 | department to receive certain information from state and federal |
1420 | officials and entities. The department shall use the information |
1421 | provided from the sources in subsection (2) to maintain the |
1422 | voter registration records. |
1423 | (2) To the maximum extent feasible, state and local |
1424 | government agencies shall facilitate provision of information |
1425 | and access to data to the department, including, but not limited |
1426 | to, databases that contain reliable criminal records and records |
1427 | of deceased persons. State and local government agencies that |
1428 | provide such data shall do so without charge if the direct cost |
1429 | incurred by those agencies is not significant. |
1430 | (a) The Department of Health shall furnish monthly to the |
1431 | department each supervisor of elections a list containing the |
1432 | name, address, date of birth, date of death, social security |
1433 | number, race, and sex of each deceased person 17 years of age or |
1434 | older who was a resident of such supervisor's county. |
1435 | (b)(2) Each clerk of the circuit court shall furnish |
1436 | monthly to the department, at least once each month, deliver to |
1437 | each supervisor of elections a list of those persons who have |
1438 | been adjudicated mentally incapacitated with respect to voting |
1439 | during the preceding calendar month, a list of those persons |
1440 | whose mental capacity with respect to voting has been restored |
1441 | during the preceding calendar month, and a list of those persons |
1442 | who have returned signed jury notices during the preceding |
1443 | months to the clerk of the circuit court indicating a change of |
1444 | address. Each list shall include stating the name, address, date |
1445 | of birth, race, and sex, and, whichever is available, the |
1446 | Florida driver's license number, Florida identification card |
1447 | number, or social security number of each such person convicted |
1448 | of a felony during the preceding calendar month who was a |
1449 | resident of that supervisor's county, a list stating the name, |
1450 | address, date of birth, race, and sex of each person adjudicated |
1451 | mentally incapacitated with respect to voting during the |
1452 | preceding calendar month who was a resident of that supervisor's |
1453 | county, and a list stating the name, address, date of birth, |
1454 | race, and sex of each person whose mental capacity with respect |
1455 | to voting has been restored who was a resident of that |
1456 | supervisor's county. |
1457 | (c)(3) Upon receipt of information from the United States |
1458 | Attorney, listing persons convicted of a felony in federal |
1459 | court, the department shall use such information to identify |
1460 | registered voters or applicants for voter registration who may |
1461 | be potentially ineligible based on information provided in |
1462 | accordance with s. 98.075 immediately forward such information |
1463 | to the supervisor of elections for the county where the offender |
1464 | resides. |
1465 | (d) The Department of Law Enforcement shall furnish |
1466 | monthly to the department a list of those persons who have been |
1467 | convicted of a felony in the preceding month or any updates to |
1468 | prior records that may have occurred in the preceding month. The |
1469 | list shall contain the name, address, date of birth, race, sex, |
1470 | date of conviction, county of conviction, social security |
1471 | number, and a unique identifier of each conviction of each |
1472 | person. |
1473 | (e) The Board of Executive Clemency shall furnish monthly |
1474 | to the department a list of those persons granted clemency in |
1475 | the preceding month or any updates to prior records that may |
1476 | have occurred in the preceding month. The list shall contain the |
1477 | Board of Executive Clemency case number, name, address, date of |
1478 | birth, race, sex, and, where available, the social security |
1479 | number, references to record identifiers assigned by the |
1480 | Department of Corrections, a unique identifier of each clemency |
1481 | case, and the effective date of clemency of each person. |
1482 | (f) The Department of Corrections shall furnish monthly to |
1483 | the department a list of those persons transferred to the |
1484 | Department of Corrections in the preceding month or any updates |
1485 | to prior records that may have occurred in the preceding month. |
1486 | The list shall contain the name, address, date of birth, race, |
1487 | sex, social security number, Department of Corrections record |
1488 | identification number, and associated Department of Law |
1489 | Enforcement felony conviction record number of each person. |
1490 | (g) The Department of Highway Safety and Motor Vehicles |
1491 | shall furnish monthly to the department a list of those persons |
1492 | whose names have been removed from the driver's license database |
1493 | because they have been licensed in another state. The list shall |
1494 | contain the name, address, date of birth, sex, social security |
1495 | number, and driver's license number of each such person. |
1496 | (4) Upon receipt of any such list, the supervisor shall |
1497 | remove from the registration books the name of any person listed |
1498 | who is deceased, convicted of a felony, or adjudicated mentally |
1499 | incapacitated with respect to voting. A person who has had his |
1500 | or her mental capacity with respect to voting restored or who |
1501 | has had his or her right to vote restored after conviction of a |
1502 | felony shall be required to reregister to have his or her name |
1503 | restored to the registration books. |
1504 | (3)(5) Nothing in this section shall limit or restrict the |
1505 | department in its duty or the supervisor in his or her duty to |
1506 | remove the names of such persons from the statewide voter |
1507 | registration system pursuant to s. 98.075(7) based upon books |
1508 | after verification of information received from other sources. |
1509 | Section 25. Section 98.0981, Florida Statutes, is created |
1510 | to read: |
1511 | 98.0981 Statewide voter registration database; |
1512 | preservation.-- |
1513 | (1) The department shall send to the Legislature in |
1514 | electronic format a file containing all voters qualified as of |
1515 | the close of books for an election to vote in such election. The |
1516 | file shall contain a unique identifier of the voter; the |
1517 | information requested in the uniform statewide voter |
1518 | registration application pursuant to s. 97.052(2); the date of |
1519 | registration; the representative district, senatorial district, |
1520 | congressional district, and precinct in which the voter resides; |
1521 | the ballot design used by the voter; and whether the voter voted |
1522 | at the poll, by absentee ballot, or by early vote at a |
1523 | designated location, or whether the voter did not vote. If a |
1524 | person voted by absentee ballot and the ballot was not counted, |
1525 | the file shall contain the reason the ballot was not counted. |
1526 | This file shall be delivered within 60 days after an election to |
1527 | the Legislature. |
1528 | (2) The department shall certify whether the totals in the |
1529 | file pursuant to subsection (1) match the published totals of |
1530 | votes as certified by the canvassing boards. If the totals do |
1531 | not match, the department shall give a report to the Legislature |
1532 | explaining why the totals do not match. |
1533 | Section 26. Section 98.212, Florida Statutes, is amended |
1534 | to read: |
1535 | 98.212 Department and supervisors to furnish statistical |
1536 | and other information.-- |
1537 | (1)(a) Upon written request, the department and any |
1538 | supervisor of the respective counties supervisors shall, as |
1539 | promptly as possible, furnish to recognized public or private |
1540 | universities and senior colleges within the state, to state or |
1541 | county governmental agencies, and to recognized political party |
1542 | committees statistical information for the purpose of analyzing |
1543 | election returns and results. |
1544 | (b) The department and any supervisor Supervisors may |
1545 | require reimbursement for any part or all of the actual expenses |
1546 | of supplying any information requested under paragraph (a). For |
1547 | the purposes of this subsection, the department and supervisors |
1548 | may use the services of any research and statistical personnel |
1549 | that may be supplied. |
1550 | (c) Lists of names submitted to the department and any |
1551 | supervisor of the respective counties supervisors for indication |
1552 | of registration or nonregistration or of party affiliation shall |
1553 | be processed at any time at cost, except that in no case shall |
1554 | the charge exceed 10 cents for each name on which the |
1555 | information is furnished. |
1556 | (2) The supervisors shall provide information as requested |
1557 | by the department for program evaluation and reporting to the |
1558 | Federal Election Assistance Commission pursuant to federal law |
1559 | the National Voter Registration Act of 1993. |
1560 | Section 27. Section 98.461, Florida Statutes, is amended |
1561 | to read: |
1562 | 98.461 Registration application form, precinct register; |
1563 | contents.-- |
1564 | (1) A registration application form, approved by the |
1565 | Department of State, containing the information required in s. |
1566 | 97.052 shall be retained by the voter registration official |
1567 | receiving the application filed alphabetically in the office of |
1568 | the supervisor as the master list of electors of the county. |
1569 | However, the registration application forms may be microfilmed |
1570 | and such microfilm microfilms substituted for the original |
1571 | registration application forms; or, when voter registration |
1572 | information, including the voter's signature, is maintained |
1573 | digitally or on electronic, magnetic, or optic media, such |
1574 | stored information may be substituted for the original |
1575 | registration application form. Such microfilms or stored |
1576 | information shall be retained in the custody of the voter |
1577 | registration official receiving the applications supervisor of |
1578 | elections. In the event the original registration applications |
1579 | forms are microfilmed or maintained digitally or on electronic |
1580 | or other media, such originals may be destroyed in accordance |
1581 | with the schedule approved by the Bureau of Archives and Records |
1582 | Management of the Division of Library and Information Services |
1583 | of the Department of State. As an alternative, the information |
1584 | from the registration form, including the signature, may be |
1585 | electronically reproduced and stored as provided in s. 98.451. |
1586 | (2) A computer printout or electronic database shall be |
1587 | used at the polls as a precinct register in lieu of the |
1588 | registration books. The precinct register shall contain the date |
1589 | of the election, the precinct number, and the following |
1590 | information concerning each registered elector: last name, first |
1591 | name, and middle name or initial, and suffix; party affiliation; |
1592 | residence address; registration number; date of birth; sex, if |
1593 | provided; race, if provided; whether the voter needs assistance |
1594 | in voting; and such other additional information as to readily |
1595 | identify the elector. The precinct register shall also contain a |
1596 | space for the elector's signature and a space for the initials |
1597 | of the witnessing clerk or inspector or an electronic device may |
1598 | be provided for this purpose. |
1599 | Section 28. Effective January 1, 2007, section 100.371, |
1600 | Florida Statutes, is amended to read: |
1601 | 100.371 Initiatives; procedure for placement on ballot.-- |
1602 | (1) Constitutional amendments proposed by initiative shall |
1603 | be placed on the ballot for the general election provided the |
1604 | initiative has been filed with occurring in excess of 90 days |
1605 | from the certification of ballot position by the Secretary of |
1606 | State no later than February 1 of the year the general election |
1607 | is held. A petition shall be deemed to be filed with the |
1608 | Secretary of State upon the date the secretary determines that |
1609 | the petition has been signed by the constitutionally required |
1610 | number of electors. |
1611 | (2) Such certification shall be issued when the Secretary |
1612 | of State has received verification certificates from the |
1613 | supervisors of elections indicating that the requisite number |
1614 | and distribution of valid signatures of electors have been |
1615 | submitted to and verified by the supervisors. Every signature |
1616 | shall be dated when made and shall be valid for a period of 4 |
1617 | years following such date, provided all other requirements of |
1618 | law are complied with. |
1619 | (2)(3) The sponsor of an initiative amendment shall, prior |
1620 | to obtaining any signatures, register as a political committee |
1621 | pursuant to s. 106.03 and submit the text of the proposed |
1622 | amendment to the Secretary of State, with the form on which the |
1623 | signatures will be affixed, and shall obtain the approval of the |
1624 | Secretary of State of such form. The Secretary of State shall |
1625 | promulgate rules pursuant to s. 120.54 prescribing the style and |
1626 | requirements of such form. |
1627 | (3)(4) Each signature shall be dated when made and shall |
1628 | be valid for a period of 4 years following such date, provided |
1629 | all other requirements of law are met. The sponsor shall submit |
1630 | signed and dated forms to the appropriate supervisor of |
1631 | elections for verification as to the number of registered |
1632 | electors whose valid signatures appear thereon. The supervisor |
1633 | shall promptly verify the signatures upon payment of the fee |
1634 | required by s. 99.097. The supervisor shall promptly record each |
1635 | valid signature in the statewide voter registration system in |
1636 | the manner prescribed by the Secretary of State. Upon completion |
1637 | of verification, the supervisor shall execute a certificate |
1638 | indicating the total number of signatures checked, the number of |
1639 | signatures verified as valid and as being of registered |
1640 | electors, and the distribution by congressional district. This |
1641 | certificate shall be immediately transmitted to the Secretary of |
1642 | State. The supervisor shall retain the signature forms for at |
1643 | least 1 year following the election in which the issue appeared |
1644 | on the ballot or until the Division of Elections notifies the |
1645 | supervisors of elections that the committee which circulated the |
1646 | petition is no longer seeking to obtain ballot position. |
1647 | (4)(5) The Secretary of State shall determine from the |
1648 | signatures verified by the verification certificates received |
1649 | from supervisors of elections and recorded in the statewide |
1650 | voter registration system the total number of verified valid |
1651 | signatures and the distribution of such signatures by |
1652 | congressional districts. Upon a determination that the requisite |
1653 | number and distribution of valid signatures have been obtained, |
1654 | the secretary shall issue a certificate of ballot position for |
1655 | that proposed amendment and shall assign a designating number |
1656 | pursuant to s. 101.161. A petition shall be deemed to be filed |
1657 | with the Secretary of State upon the date of the receipt by the |
1658 | secretary of a certificate or certificates from supervisors of |
1659 | elections indicating the petition has been signed by the |
1660 | constitutionally required number of electors. |
1661 | (5)(6)(a) Within 45 days after receipt of a proposed |
1662 | revision or amendment to the State Constitution by initiative |
1663 | petition from the Secretary of State or, within 30 days after |
1664 | such receipt if receipt occurs 120 days or less before the |
1665 | election at which the question of ratifying the amendment will |
1666 | be presented, the Financial Impact Estimating Conference shall |
1667 | complete an analysis and financial impact statement to be placed |
1668 | on the ballot of the estimated increase or decrease in any |
1669 | revenues or costs to state or local governments resulting from |
1670 | the proposed initiative. The Financial Impact Estimating |
1671 | Conference shall submit the financial impact statement to the |
1672 | Attorney General and Secretary of State. |
1673 | (b)1. The Financial Impact Estimating Conference shall |
1674 | provide an opportunity for any proponents or opponents of the |
1675 | initiative to submit information and may solicit information or |
1676 | analysis from any other entities or agencies, including the |
1677 | Office of Economic and Demographic Research. All meetings of the |
1678 | Financial Impact Estimating Conference shall be open to the |
1679 | public as provided in chapter 286. |
1680 | 2. The Financial Impact Estimating Conference is |
1681 | established to review, analyze, and estimate the financial |
1682 | impact of amendments to or revisions of the State Constitution |
1683 | proposed by initiative. The Financial Impact Estimating |
1684 | Conference shall consist of four principals: one person from the |
1685 | Executive Office of the Governor; the coordinator of the Office |
1686 | of Economic and Demographic Research, or his or her designee; |
1687 | one person from the professional staff of the Senate; and one |
1688 | person from the professional staff of the House of |
1689 | Representatives. Each principal shall have appropriate fiscal |
1690 | expertise in the subject matter of the initiative. A Financial |
1691 | Impact Estimating Conference may be appointed for each |
1692 | initiative. |
1693 | 3. Principals of the Financial Impact Estimating |
1694 | Conference shall reach a consensus or majority concurrence on a |
1695 | clear and unambiguous financial impact statement, no more than |
1696 | 75 words in length, and immediately submit the statement to the |
1697 | Attorney General. Nothing in this subsection prohibits the |
1698 | Financial Impact Estimating Conference from setting forth a |
1699 | range of potential impacts in the financial impact statement. |
1700 | Any financial impact statement that a court finds not to be in |
1701 | accordance with this section shall be remanded solely to the |
1702 | Financial Impact Estimating Conference for redrafting. The |
1703 | Financial Impact Estimating Conference shall redraft the |
1704 | financial impact statement within 15 days. |
1705 | 4. If the members of the Financial Impact Estimating |
1706 | Conference are unable to agree on the statement required by this |
1707 | subsection, or if the Supreme Court has rejected the initial |
1708 | submission by the Financial Impact Estimating Conference and no |
1709 | redraft has been approved by the Supreme Court by 5 p.m. on the |
1710 | 75th day before the election, the following statement shall |
1711 | appear on the ballot pursuant to s. 101.161(1): "The financial |
1712 | impact of this measure, if any, cannot be reasonably determined |
1713 | at this time." |
1714 | (c) The financial impact statement must be separately |
1715 | contained and be set forth after the ballot summary as required |
1716 | in s. 101.161(1). |
1717 | (d)1. Any financial impact statement that the Supreme |
1718 | Court finds not to be in accordance with this subsection shall |
1719 | be remanded solely to the Financial Impact Estimating Conference |
1720 | for redrafting, provided the court's advisory opinion is |
1721 | rendered at least 75 days before the election at which the |
1722 | question of ratifying the amendment will be presented. The |
1723 | Financial Impact Estimating Conference shall prepare and adopt a |
1724 | revised financial impact statement no later than 5 p.m. on the |
1725 | 15th day after the date of the court's opinion. |
1726 | 2. If, by 5 p.m. on the 75th day before the election, the |
1727 | Supreme Court has not issued an advisory opinion on the initial |
1728 | financial impact statement prepared by the Financial Impact |
1729 | Estimating Conference for an initiative amendment that otherwise |
1730 | meets the legal requirements for ballot placement, the financial |
1731 | impact statement shall be deemed approved for placement on the |
1732 | ballot. |
1733 | 3. In addition to the financial impact statement required |
1734 | by this subsection, the Financial Impact Estimating Conference |
1735 | shall draft an initiative financial information statement. The |
1736 | initiative financial information statement should describe in |
1737 | greater detail than the financial impact statement any projected |
1738 | increase or decrease in revenues or costs that the state or |
1739 | local governments would likely experience if the ballot measure |
1740 | were approved. If appropriate, the initiative financial |
1741 | information statement may include both estimated dollar amounts |
1742 | and a description placing the estimated dollar amounts into |
1743 | context. The initiative financial information statement must |
1744 | include both a summary of not more than 500 words and additional |
1745 | detailed information that includes the assumptions that were |
1746 | made to develop the financial impacts, workpapers, and any other |
1747 | information deemed relevant by the Financial Impact Estimating |
1748 | Conference. |
1749 | 4. The Department of State shall have printed, and shall |
1750 | furnish to each supervisor of elections, a copy of the summary |
1751 | from the initiative financial information statements. The |
1752 | supervisors shall have the summary from the initiative financial |
1753 | information statements available at each polling place and at |
1754 | the main office of the supervisor of elections upon request. |
1755 | 5. The Secretary of State and the Office of Economic and |
1756 | Demographic Research shall make available on the Internet each |
1757 | initiative financial information statement in its entirety. In |
1758 | addition, each supervisor of elections whose office has a |
1759 | website shall post the summary from each initiative financial |
1760 | information statement on the website. Each supervisor shall |
1761 | include the Internet addresses for the information statements on |
1762 | the Secretary of State's and the Office of Economic and |
1763 | Demographic Research's websites in the publication or mailing |
1764 | required by s. 101.20. |
1765 | (6)(7) The Department of State may adopt rules in |
1766 | accordance with s. 120.54 to carry out the provisions of |
1767 | subsections (1)-(5)(6). |
1768 | Section 29. Subsection (3) of section 101.001, Florida |
1769 | Statutes, is amended to read: |
1770 | 101.001 Precincts and polling places; boundaries.-- |
1771 | (3) Each supervisor of elections shall maintain a suitable |
1772 | map drawn to a scale no smaller than 3 miles to the inch and |
1773 | clearly delineating all major observable features such as roads, |
1774 | streams, and railway lines and showing the current geographical |
1775 | boundaries of each precinct, representative district, and |
1776 | senatorial district, and other type of district in the county |
1777 | subject to the elections process in this code. On maps of new |
1778 | precincts, a delineation of area shall also be included for each |
1779 | precinct employing the official census county divisions, tracts, |
1780 | block numbering areas, block groups, and blocks used by the |
1781 | United States Department of Commerce, Bureau of the Census, and |
1782 | adopted by the state for the delineation of representative |
1783 | districts pursuant to s. 10.00001. The supervisor of elections |
1784 | shall notify the Secretary of State in writing within 30 days |
1785 | after of any new reorganization of precincts and shall furnish a |
1786 | copy of the map showing the current geographical boundaries and |
1787 | designation of each new precinct and a delineation of the census |
1788 | blocks included in each precinct. |
1789 | Section 30. Subsections (1) and (3) of section 101.043, |
1790 | Florida Statutes, are amended to read: |
1791 | 101.043 Identification required at polls.-- |
1792 | (1) The precinct register, as prescribed in s. 98.461, |
1793 | shall be used at the polls in lieu of the registration books for |
1794 | the purpose of identifying the elector at the polls prior to |
1795 | allowing him or her to vote. The clerk or inspector shall |
1796 | require each elector, upon entering the polling place, to |
1797 | present one of the following a current and valid picture |
1798 | identifications: |
1799 | (a) Florida driver's license. |
1800 | (b) Florida identification card issued by the Department |
1801 | of Highway Safety and Motor Vehicles. |
1802 | (c) United States passport. |
1803 | (d) Employee badge or identification. |
1804 | (e) Buyer's club identification. |
1805 | (f) Debit or credit card. |
1806 | (g) Military identification. |
1807 | (h) Student identification. |
1808 | (i) Retirement center identification. |
1809 | (j) Neighborhood association identification. |
1810 | (k) Entertainment identification. |
1811 | (l) Public assistance identification as provided in s. |
1812 | 97.0535(3)(a). |
1813 |
|
1814 | If the picture identification does not contain the signature of |
1815 | the voter, an additional identification that provides the |
1816 | voter's signature shall be required. The elector shall sign his |
1817 | or her name in the space provided on the precinct register or on |
1818 | an electronic device provided for recording the voter's |
1819 | signature., and The clerk or inspector shall compare the |
1820 | signature with that on the identification provided by the |
1821 | elector and enter his or her initials in the space provided on |
1822 | the precinct register or on an electronic device provided for |
1823 | that purpose and allow the elector to vote if the clerk or |
1824 | inspector is satisfied as to the identity of the elector. |
1825 | (3) If the elector who fails to furnish the required |
1826 | identification is an elector subject to s. 97.0535 a first-time |
1827 | voter who registered by mail and has not provided the required |
1828 | identification to a voter registration official the supervisor |
1829 | of elections prior to election day, the elector shall be allowed |
1830 | to vote a provisional ballot. The canvassing board shall |
1831 | determine the validity of the ballot pursuant to s. 101.048(2). |
1832 | Section 31. Subsections (2) and (3) of section 101.045, |
1833 | Florida Statutes, are amended to read: |
1834 | 101.045 Electors must be registered in precinct; |
1835 | provisions for residence or name change.-- |
1836 | (2)(a) An elector who moves from the precinct within the |
1837 | county in which the elector is registered may be permitted to |
1838 | vote in the precinct to which he or she has moved his or her |
1839 | legal residence, provided such elector completes an affirmation |
1840 | in substantially the following form: |
1841 |
|
1842 | Change of Legal Residence of Registered |
1843 | Voter |
1844 |
|
1845 | Under penalties for false swearing, I, (Name of voter) , |
1846 | swear (or affirm) that the former address of my legal residence |
1847 | was (Address of legal residence) in the municipality of |
1848 | _____, in _____ County, Florida, and I was registered to vote in |
1849 | the _____ precinct of _____ County, Florida; that I have not |
1850 | voted in the precinct of my former registration in this |
1851 | election; that I now reside at (Address of legal residence) |
1852 | in the Municipality of _____, in _____ County, Florida, and am |
1853 | therefore eligible to vote in the _____ precinct of _____ |
1854 | County, Florida; and I further swear (or affirm) that I am |
1855 | otherwise legally registered and entitled to vote. |
1856 |
|
1857 | (Signature of voter whose address of legal residence has |
1858 | changed) |
1859 |
|
1860 | (b) An elector whose name changes because of marriage or |
1861 | other legal process may be permitted to vote, provided such |
1862 | elector completes an affirmation in substantially the following |
1863 | form: |
1864 |
|
1865 | Change of Name of Registered |
1866 | Voter |
1867 |
|
1868 | Under penalties for false swearing, I, (New name of voter) , |
1869 | swear (or affirm) that my name has been changed because of |
1870 | marriage or other legal process. My former name and address of |
1871 | legal residence appear on the registration records books of |
1872 | precinct _____ as follows: |
1873 | Name |
1874 | Address |
1875 | Municipality |
1876 | County |
1877 | Florida, Zip |
1878 | My present name and address of legal residence are as follows: |
1879 | Name |
1880 | Address |
1881 | Municipality |
1882 | County |
1883 | Florida, Zip |
1884 | and I further swear (or affirm) that I am otherwise legally |
1885 | registered and entitled to vote. |
1886 |
|
1887 | (Signature of voter whose name has changed) |
1888 |
|
1889 | (c) Such affirmation, when completed and presented at the |
1890 | precinct in which such elector is entitled to vote, and upon |
1891 | verification of the elector's registration, shall entitle such |
1892 | elector to vote as provided in this subsection. If the elector's |
1893 | eligibility to vote cannot be determined, he or she shall be |
1894 | entitled to vote a provisional ballot, subject to the |
1895 | requirements and procedures in s. 101.048. Upon receipt of an |
1896 | affirmation certifying a change in address of legal residence or |
1897 | name, the supervisor shall as soon as practicable make the |
1898 | necessary changes in the statewide voter registration system |
1899 | records of the county to indicate the change in address of legal |
1900 | residence or name of such elector. |
1901 | (d) Instead of the affirmation contained in paragraph (a) |
1902 | or paragraph (b), an elector may complete a voter registration |
1903 | application that indicates the change of name or change of |
1904 | address of legal residence. |
1905 | (e) A request for an absentee ballot pursuant to s. 101.62 |
1906 | which indicates that the elector has had a change of address of |
1907 | legal residence from that in the supervisor's records shall be |
1908 | sufficient as the notice to the supervisor of change of address |
1909 | of legal residence required by this section. Upon receipt of |
1910 | such request for an absentee ballot from an elector who has |
1911 | changed his or her address of legal residence, the supervisor |
1912 | shall provide the elector with the proper ballot for the |
1913 | precinct in which the elector then has his or her legal |
1914 | residence. |
1915 | (3) When an elector's name does not appear on the |
1916 | registration books of the election precinct in which the elector |
1917 | is registered, the elector may have his or her name restored if |
1918 | the supervisor is otherwise satisfied that the elector is |
1919 | validly registered, that the elector's name has been erroneously |
1920 | omitted from the books, and that the elector is entitled to have |
1921 | his or her name restored. The supervisor, if he or she is |
1922 | satisfied as to the elector's previous registration, shall allow |
1923 | such person to vote and shall thereafter issue a duplicate |
1924 | registration identification card. |
1925 | Section 32. Subsection (1) of section 101.048, Florida |
1926 | Statutes, is amended to read: |
1927 | 101.048 Provisional ballots.-- |
1928 | (1) At all elections, a voter claiming to be properly |
1929 | registered in the state county and eligible to vote at the |
1930 | precinct in the election, but whose eligibility cannot be |
1931 | determined, and other persons specified in the code shall be |
1932 | entitled to vote a provisional ballot. Once voted, the |
1933 | provisional ballot shall be placed in a secrecy envelope and |
1934 | thereafter sealed in a provisional ballot envelope. The |
1935 | provisional ballot shall be deposited in a ballot box. All |
1936 | provisional ballots shall remain sealed in their envelopes for |
1937 | return to the supervisor of elections. The department shall |
1938 | prescribe the form of the provisional ballot envelope. |
1939 | Section 33. Subsection (1) of section 101.161, Florida |
1940 | Statutes, is amended to read: |
1941 | 101.161 Referenda; ballots.-- |
1942 | (1) Whenever a constitutional amendment or other public |
1943 | measure is submitted to the vote of the people, the substance of |
1944 | such amendment or other public measure shall be printed in clear |
1945 | and unambiguous language on the ballot after the list of |
1946 | candidates, followed by the word "yes" and also by the word |
1947 | "no," and shall be styled in such a manner that a "yes" vote |
1948 | will indicate approval of the proposal and a "no" vote will |
1949 | indicate rejection. The wording of the substance of the |
1950 | amendment or other public measure and the ballot title to appear |
1951 | on the ballot shall be embodied in the joint resolution, |
1952 | constitutional revision commission proposal, constitutional |
1953 | convention proposal, taxation and budget reform commission |
1954 | proposal, or enabling resolution or ordinance. Except for |
1955 | amendments and ballot language proposed by joint resolution, the |
1956 | substance of the amendment or other public measure shall be an |
1957 | explanatory statement, not exceeding 75 words in length, of the |
1958 | chief purpose of the measure. In addition, for every amendment |
1959 | proposed by initiative, the ballot shall include, following the |
1960 | ballot summary, a separate financial impact statement concerning |
1961 | the measure prepared by the Financial Impact Estimating |
1962 | Conference in accordance with s. 100.371(5)(6). The ballot title |
1963 | shall consist of a caption, not exceeding 15 words in length, by |
1964 | which the measure is commonly referred to or spoken of. |
1965 | Section 34. Subsection (1) of section 101.5608, Florida |
1966 | Statutes, is amended to read: |
1967 | 101.5608 Voting by electronic or electromechanical method; |
1968 | procedures.-- |
1969 | (1) Each elector desiring to vote shall be identified to |
1970 | the clerk or inspector of the election as a duly qualified |
1971 | elector of such election and shall sign his or her name on the |
1972 | in ink or indelible pencil to an identification blank, signature |
1973 | slip, precinct register, or other form or device provided by the |
1974 | supervisor ballot stub on which the ballot serial number may be |
1975 | recorded. The inspector shall compare the signature with the |
1976 | signature on the identification provided by the elector. If the |
1977 | inspector is reasonably sure that the person is entitled to |
1978 | vote, the inspector shall provide the person with a ballot. |
1979 | Section 35. Paragraph (a) of subsection (4) of section |
1980 | 101.62, Florida Statutes, is amended to read: |
1981 | 101.62 Request for absentee ballots.-- |
1982 | (4)(a) To each absent qualified elector overseas who has |
1983 | requested an absentee ballot, the supervisor of elections shall, |
1984 | not fewer than 35 days before the first primary election, mail |
1985 | an absentee ballot. Not fewer than 45 days before the second |
1986 | primary and general election, the supervisor of elections shall |
1987 | mail an advance absentee ballot to those persons requesting |
1988 | ballots for such elections. The advance absentee ballot for the |
1989 | second primary shall be the same as the first primary absentee |
1990 | ballot as to the names of candidates, except that for any |
1991 | offices where there are only two candidates, those offices and |
1992 | all political party executive committee offices shall be |
1993 | omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6), |
1994 | the advance absentee ballot for the general election shall be as |
1995 | specified in s. 101.151, except that in the case of candidates |
1996 | of political parties where nominations were not made in the |
1997 | first primary, the names of the candidates placing first and |
1998 | second in the first primary election shall be printed on the |
1999 | advance absentee ballot. The advance absentee ballot or advance |
2000 | absentee ballot information booklet shall be of a different |
2001 | color for each election and also a different color from the |
2002 | absentee ballots for the first primary, second primary, and |
2003 | general election. The supervisor shall mail an advance absentee |
2004 | ballot for the second primary and general election to each |
2005 | qualified absent elector for whom a request is received until |
2006 | the absentee ballots are printed. The supervisor shall enclose |
2007 | with the advance second primary absentee ballot and advance |
2008 | general election absentee ballot an explanation stating that the |
2009 | absentee ballot for the election will be mailed as soon as it is |
2010 | printed; and, if both the advance absentee ballot and the |
2011 | absentee ballot for the election are returned in time to be |
2012 | counted, only the absentee ballot will be counted. The |
2013 | Department of State may prescribe by rule the requirements for |
2014 | preparing and mailing absentee ballots to absent qualified |
2015 | electors overseas. |
2016 | Section 36. Section 101.663, Florida Statutes, is amended |
2017 | to read: |
2018 | 101.663 Electors; change of residence to another state.-- |
2019 | (1) An elector who changes his or her residence to another |
2020 | county in Florida from the county in Florida in which he or she |
2021 | is registered as an elector after the books in the county to |
2022 | which the elector has changed his or her residence are closed |
2023 | for any general, primary, or special election shall be permitted |
2024 | to vote absentee in the county of his or her former residence in |
2025 | that election for President and Vice President, United States |
2026 | Senator, statewide offices, and statewide issues. Such person |
2027 | shall not be permitted to vote in the county of the person's |
2028 | former residence after the general election. |
2029 | (2) An elector registered in this state who moves his or |
2030 | her permanent residence to another state and who is prohibited |
2031 | by the laws of that state from voting for the offices of |
2032 | President and Vice President of the United States shall be |
2033 | permitted to vote absentee in the county of his or her former |
2034 | residence for those offices. |
2035 | Section 37. Subsection (1) of section 101.6921, Florida |
2036 | Statutes, is amended to read: |
2037 | 101.6921 Delivery of special absentee ballot to certain |
2038 | first-time voters.-- |
2039 | (1) The provisions of this section apply to voters who are |
2040 | subject to the provisions of s. 97.0535 registered to vote by |
2041 | mail, who have not previously voted in the county, and who have |
2042 | not provided the identification or certification required by s. |
2043 | 97.0535 by the time the absentee ballot is mailed. |
2044 | Section 38. Section 101.6923, Florida Statutes, is amended |
2045 | to read: |
2046 | 101.6923 Special absentee ballot instructions for certain |
2047 | first-time voters.-- |
2048 | (1) The provisions of this section apply to voters who are |
2049 | subject to the provisions of s. 97.0535 registered to vote by |
2050 | mail, who have not previously voted in the county, and who have |
2051 | not provided the identification or information required by s. |
2052 | 97.0535 by the time the absentee ballot is mailed. |
2053 | (2) A voter covered by this section shall be provided with |
2054 | the following printed instructions with his or her absentee |
2055 | ballot in substantially the following form: |
2056 |
|
2057 | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR |
2058 | BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE |
2059 | YOUR BALLOT NOT TO COUNT. |
2060 |
|
2061 | 1. In order to ensure that your absentee ballot will be |
2062 | counted, it should be completed and returned as soon as possible |
2063 | so that it can reach the supervisor of elections of the county |
2064 | in which your precinct is located no later than 7 p.m. on the |
2065 | date of the election. |
2066 | 2. Mark your ballot in secret as instructed on the ballot. |
2067 | You must mark your own ballot unless you are unable to do so |
2068 | because of blindness, disability, or inability to read or write. |
2069 | 3. Mark only the number of candidates or issue choices for |
2070 | a race as indicated on the ballot. If you are allowed to "Vote |
2071 | for One" candidate and you vote for more than one, your vote in |
2072 | that race will not be counted. |
2073 | 4. Place your marked ballot in the enclosed secrecy |
2074 | envelope and seal the envelope. |
2075 | 5. Insert the secrecy envelope into the enclosed envelope |
2076 | bearing the Voter's Certificate. Seal the envelope and |
2077 | completely fill out the Voter's Certificate on the back of the |
2078 | envelope. |
2079 | a. You must sign your name on the line above (Voter's |
2080 | Signature). |
2081 | b. If you are an overseas voter, you must include the date |
2082 | you signed the Voter's Certificate on the line above (Date) or |
2083 | your ballot may not be counted. |
2084 | 6. Unless you meet one of the exemptions in Item 7., you |
2085 | must make a copy of one of the following forms of |
2086 | identification: |
2087 | a. Identification which must include your name and |
2088 | photograph: current and valid Florida driver's license; Florida |
2089 | identification card issued by the Department of Highway Safety |
2090 | and Motor Vehicles; United States passport; employee badge or |
2091 | identification; buyer's club identification card; debit or |
2092 | credit card; military identification; student identification; |
2093 | retirement center identification; neighborhood association |
2094 | identification; entertainment identification; or public |
2095 | assistance identification; or |
2096 | b. Identification which shows your name and current |
2097 | residence address: current utility bill, bank statement, |
2098 | government check, paycheck, or government document (excluding |
2099 | voter identification card). |
2100 | 7. The identification requirements of Item 6. do not apply |
2101 | if you meet one of the following requirements: |
2102 | a. You are 65 years of age or older. |
2103 | b. You have a temporary or permanent physical disability. |
2104 | c. You are a member of a uniformed service on active duty |
2105 | who, by reason of such active duty, will be absent from the |
2106 | county on election day. |
2107 | d. You are a member of the Merchant Marine who, by reason |
2108 | of service in the Merchant Marine, will be absent from the |
2109 | county on election day. |
2110 | e. You are the spouse or dependent of a member referred to |
2111 | in paragraph c. or paragraph d. who, by reason of the active |
2112 | duty or service of the member, will be absent from the county on |
2113 | election day. |
2114 | f. You are currently residing outside the United States. |
2115 | 8. Place the envelope bearing the Voter's Certificate into |
2116 | the mailing envelope addressed to the supervisor. Insert a copy |
2117 | of your identification in the mailing envelope. DO NOT PUT YOUR |
2118 | IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR |
2119 | INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR |
2120 | BALLOT WILL NOT COUNT. |
2121 | 9. Mail, deliver, or have delivered the completed mailing |
2122 | envelope. Be sure there is sufficient postage if mailed. |
2123 | 10. FELONY NOTICE. It is a felony under Florida law to |
2124 | accept any gift, payment, or gratuity in exchange for your vote |
2125 | for a candidate. It is also a felony under Florida law to vote |
2126 | in an election using a false identity or false address, or under |
2127 | any other circumstances making your ballot false or fraudulent. |
2128 | Section 39. Subsection (3) of section 102.012, Florida |
2129 | Statutes, is amended to read: |
2130 | 102.012 Inspectors and clerks to conduct elections.-- |
2131 | (3) The supervisor shall furnish inspectors of election |
2132 | for each precinct with the list of registered electors for that |
2133 | precinct registration books divided alphabetically as will best |
2134 | facilitate the holding of an election. The supervisor shall also |
2135 | furnish to the inspectors of election at the polling place at |
2136 | each precinct in the supervisor's county a sufficient number of |
2137 | forms and blanks for use on election day. |
2138 | Section 40. Section 102.151, Florida Statutes, is amended |
2139 | to read: |
2140 | 102.151 County canvassing board to issue certificates; |
2141 | supervisor to give notice to Department of State.-- |
2142 | (1) The county canvassing board shall make and sign |
2143 | duplicate certificates containing the total number of votes cast |
2144 | for each person nominated or elected, the names of persons for |
2145 | whom such votes were cast, and the number of votes cast for each |
2146 | candidate or nominee. One of such certificates which relates to |
2147 | offices for which the candidates or nominees have been voted for |
2148 | in more than one county shall be immediately transmitted to the |
2149 | Department of State, and the second copy filed in the |
2150 | supervisor's office. The supervisor shall transmit to the |
2151 | Department of State, immediately after the county canvassing |
2152 | board has canvassed the returns of the election, a list |
2153 | containing the names of all county and district officers |
2154 | nominated or elected, the office for which each was nominated or |
2155 | elected, and the mailing address of each. |
2156 | (2) The county canvassing board shall record and transmit |
2157 | to the Department of State by electronically readable means the |
2158 | total number of votes cast for each person nominated or elected, |
2159 | the names of persons for whom such votes were cast, the number |
2160 | of votes cast for each candidate or nominee, and the number of |
2161 | people not voting for any candidate. This information shall give |
2162 | the total numbers by precinct and specify whether votes were |
2163 | cast at the poll, by absentee ballot, or by early voting. In the |
2164 | event that less than 10 electors are recorded to have voted for |
2165 | any person nominated or elected by any method of voting in a |
2166 | precinct, the numbers of votes for each candidate for that |
2167 | precinct shall be combined with an adjoining precinct to |
2168 | preserve the secrecy of the ballot. |
2169 | Section 41. Subsections (1), (2), and (3) of section |
2170 | 104.013, Florida Statutes, are amended to read: |
2171 | 104.013 Unauthorized use, possession, or destruction of |
2172 | voter information registration identification card.-- |
2173 | (1) It is unlawful for any person knowingly to have in his |
2174 | or her possession any blank, forged, stolen, fictitious, |
2175 | counterfeit, or unlawfully issued voter information registration |
2176 | identification card unless possession by such person has been |
2177 | duly authorized by the supervisor. |
2178 | (2) It is unlawful for any person to barter, trade, sell, |
2179 | or give away a voter information registration identification |
2180 | card unless said person has been duly authorized to issue a |
2181 | voter information registration identification card. |
2182 | (3) It is unlawful for any person willfully to destroy or |
2183 | deface the information registration identification card of a |
2184 | duly registered voter. |
2185 | Section 42. Subsection (5) is added to section 104.051, |
2186 | Florida Statutes, to read: |
2187 | 104.051 Violations; neglect of duty; corrupt practices.-- |
2188 | (5)(a) Any supervisor or member of a county canvassing |
2189 | board who willfully fails to follow a binding directive issued |
2190 | pursuant to s. 97.012 shall be subject to a civil penalty of up |
2191 | to $1,000 per violation, which fine shall be paid out of the |
2192 | personal funds of the supervisor or member of the county |
2193 | canvassing board. Only the Secretary of State may file a |
2194 | complaint to the Florida Elections Commission alleging willful |
2195 | failure to follow a binding directive. |
2196 | (b) A member of a canvassing board shall not be liable for |
2197 | a civil penalty under this section if the member was not on the |
2198 | prevailing side of a vote of the canvassing board that is |
2199 | contrary to a binding directive. |
2200 | (c) The Senate in its discretion may review and modify any |
2201 | civil penalty imposed by the Florida Elections Commission for |
2202 | failure to follow a binding directive during the next regular |
2203 | legislative session occurring within 1 year after the date that |
2204 | the penalty was imposed. |
2205 | Section 43. Paragraph (d) is added to subsection (15) of |
2206 | section 120.52, Florida Statutes, to read: |
2207 | 120.52 Definitions.--As used in this act: |
2208 | (15) "Rule" means each agency statement of general |
2209 | applicability that implements, interprets, or prescribes law or |
2210 | policy or describes the procedure or practice requirements of an |
2211 | agency and includes any form which imposes any requirement or |
2212 | solicits any information not specifically required by statute or |
2213 | by an existing rule. The term also includes the amendment or |
2214 | repeal of a rule. The term does not include: |
2215 | (d) Advisory opinions issued by the Department of State |
2216 | pursuant to s. 106.23(2) and directives issued by the Secretary |
2217 | of State pursuant to s. 97.012(1). |
2218 | Section 44. Section 196.141, Florida Statutes, is amended |
2219 | to read: |
2220 | 196.141 Homestead exemptions; duty of property |
2221 | appraiser.-- |
2222 | (1) The property appraiser shall examine each claim for |
2223 | exemption filed with or referred to him or her and shall allow |
2224 | the same, if found to be in accordance with law, by marking the |
2225 | same approved and by making the proper deductions on the tax |
2226 | books. |
2227 | (2) The property appraiser shall examine each referral, of |
2228 | a person registering to vote at an address different from the |
2229 | one where the person has filed for a homestead exemption, which |
2230 | has been provided by a supervisor of elections pursuant to s. |
2231 | 98.015. The property appraiser shall initiate procedures to |
2232 | terminate a person's homestead exemption and assess back taxes, |
2233 | if appropriate, if the person claiming such exemption is not |
2234 | entitled to the exemption under law. |
2235 | Section 45. Sections 98.055, 98.095, 98.0977, 98.0979, |
2236 | 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida |
2237 | Statutes, are repealed. |
2238 | Section 46. Except as otherwise provided herein, this act |
2239 | shall take effect January 1, 2006. |