| 1 | A bill to be entitled |
| 2 | An act relating to elections; amending s. 97.012, F.S.; |
| 3 | revising the duties of the Secretary of State and the |
| 4 | Department of State relating to election laws; providing |
| 5 | for rulemaking; authorizing the Secretary of State to |
| 6 | delegate voter registration and records maintenance duties |
| 7 | to voter registration officials; providing that the |
| 8 | secretary has a duty to bring legal action to enforce the |
| 9 | performance of county supervisors of elections or other |
| 10 | officials performing duties relating to the Florida |
| 11 | Election Code; providing a prerequisite to bringing such |
| 12 | an action; providing venue; requiring that courts give |
| 13 | priority to such an action; providing penalties; providing |
| 14 | for the adoption of rules; amending s. 97.021, F.S.; |
| 15 | revising and providing definitions; amending s. 97.026, |
| 16 | F.S.; providing rulemaking authority to make forms |
| 17 | available in alternative formats and via the Internet; |
| 18 | correcting a cross-reference; amending s. 97.051, F.S.; |
| 19 | revising the oath taken by a person registering to vote; |
| 20 | amending s. 97.052, F.S.; requiring that the uniform |
| 21 | statewide voter registration application be accepted for |
| 22 | replacement of a voter information card and signature |
| 23 | update; revising the information the uniform statewide |
| 24 | voter registration application must contain and must |
| 25 | elicit from the applicant; providing for the failure of a |
| 26 | voter registration applicant to answer questions on the |
| 27 | voter registration application; amending s. 97.053, F.S.; |
| 28 | revising the criteria for completeness of a voter |
| 29 | registration application; specifying the possible valid |
| 30 | recipients of a mailed voter registration application; |
| 31 | revising the information needed on a voter registration |
| 32 | application to establish an applicant's eligibility; |
| 33 | providing for verification of authenticity of certain |
| 34 | voter registration application information; providing for |
| 35 | a provisional ballot to be provided to an applicant if the |
| 36 | application is not verified by a certain date; requiring a |
| 37 | voter registration official to enter all voter |
| 38 | registration applications into the voter registration |
| 39 | system within a certain time period and forward such |
| 40 | applications to the supervisor of elections; amending s. |
| 41 | 97.0535, F.S.; providing for applicants who have no valid |
| 42 | Florida driver's license, identification card, or social |
| 43 | security number; amending s. 97.055, F.S.; specifying the |
| 44 | information updates permitted for purposes of an upcoming |
| 45 | election once registration books are closed; amending s. |
| 46 | 97.057, F.S.; revising the voter registration procedure by |
| 47 | the Department of Highway Safety and Motor Vehicles; |
| 48 | amending s. 97.058, F.S.; revising duties of voter |
| 49 | registration agencies; amending s. 97.061, F.S.; revising |
| 50 | special registration procedures for electors requiring |
| 51 | assistance; amending s. 97.071, F.S.; redesignating the |
| 52 | registration identification card as the voter information |
| 53 | card; revising the required contents of the card; deleting |
| 54 | provisions relating to the second primary; amending s. |
| 55 | 97.073, F.S.; revising the procedure by which an applicant |
| 56 | must supply missing information on the voter registration |
| 57 | application; revising provisions relating to cancellation |
| 58 | of previous registration; amending s. 97.1031, F.S.; |
| 59 | revising provisions relating to notice of change of |
| 60 | residence, name, or party affiliation; amending s. 97.105, |
| 61 | F.S., relating to establishment of the permanent single |
| 62 | registration system, to conform; amending s. 98.015, F.S.; |
| 63 | revising the duties of supervisors of elections; creating |
| 64 | s. 98.035, F.S.; establishing a statewide voter |
| 65 | registration system; requiring the Secretary of State to |
| 66 | be responsible for the implementation, operation, and |
| 67 | maintenance of the system; prohibiting the department from |
| 68 | contracting with any other entity to operate the system; |
| 69 | authorizing the department to adopt rules relating to the |
| 70 | access, use, and operation of the system; amending s. |
| 71 | 98.045, F.S.; revising provisions relating to |
| 72 | administration of voter registration; providing for the |
| 73 | responsibility of such administration to be undertaken by |
| 74 | the department in lieu of supervisors of elections; |
| 75 | specifying ineligibility criteria; revising provisions |
| 76 | relating to removal of registered voters; revising |
| 77 | provisions relating to public records access and |
| 78 | retention; providing for the establishment of a statewide |
| 79 | electronic database of valid residential street addresses; |
| 80 | authorizing the department to adopt rules relating to |
| 81 | certain voter registration system forms; amending s. |
| 82 | 98.065, F.S.; revising provisions relating to registration |
| 83 | records maintenance; providing for change of address; |
| 84 | providing limitations on notice and renewal; requiring |
| 85 | supervisors of elections to certify to the department |
| 86 | certain list maintenance activities; providing penalties; |
| 87 | amending s. 98.075, F.S.; providing for registration |
| 88 | records maintenance by the department; providing |
| 89 | procedures in cases involving duplicate registration, |
| 90 | deceased persons, adjudication of mental incapacity, |
| 91 | felony conviction, and other bases for ineligibility; |
| 92 | providing procedures for removal; requiring supervisors of |
| 93 | elections to certify to the department certain |
| 94 | registration records maintenance activities; creating s. |
| 95 | 98.0755, F.S.; providing for appeal of a determination of |
| 96 | ineligibility; providing for jurisdiction, burden of |
| 97 | proof, and trial costs; amending s. 98.077, F.S.; revising |
| 98 | provisions relating to updating a voter's signature; |
| 99 | amending s. 98.081, F.S., relating to removal of names |
| 100 | from the statewide voter registration system, to conform; |
| 101 | deleting provisions relating to the second primary; |
| 102 | amending s. 98.093, F.S.; revising the duty of officials |
| 103 | to furnish lists of deceased persons, persons adjudicated |
| 104 | mentally incapacitated, and persons convicted of a felony; |
| 105 | creating 98.0981, F.S.; requiring the department to |
| 106 | furnish certain voter information to the Legislature; |
| 107 | amending s. 98.212, F.S., relating to furnishing of |
| 108 | statistical and other information, to conform; amending s. |
| 109 | 98.461, F.S.; authorizing use of an electronic database as |
| 110 | a precinct register and use of an electronic device for |
| 111 | voter signatures and witness initials; amending s. |
| 112 | 100.371, F.S.; revising the procedure by which |
| 113 | constitutional amendments proposed by initiative shall be |
| 114 | placed on the ballot; amending s. 101.001, F.S.; revising |
| 115 | requirements of supervisors relating to precincts and |
| 116 | precinct boundaries; providing exceptions; amending s. |
| 117 | 101.043, F.S.; revising requirements and procedures |
| 118 | relating to identification required at polls; amending s. |
| 119 | 101.045, F.S., relating to provisions for residence or |
| 120 | name change at the polls, to conform; amending s. 101.048, |
| 121 | F.S., relating to provisional ballots, to conform; |
| 122 | amending s. 101.161, F.S.; conforming a cross-reference; |
| 123 | amending s. 101.56062, F.S., relating to standards for |
| 124 | accessible voting systems, to conform; amending s. |
| 125 | 101.5608, F.S.; revising a provision relating to an |
| 126 | elector's signature provided with identification prior to |
| 127 | voting; creating s. 101.573, F.S.; requiring supervisors |
| 128 | of elections to file precinct-level election results; |
| 129 | requiring the Department of State to adopt rules; amending |
| 130 | s. 101.62, F.S.; conforming a cross-reference; amending |
| 131 | ss. 101.64 and 101.657, F.S.; requiring that the |
| 132 | supervisor of elections indicate on each absentee or early |
| 133 | voted ballot the precinct of the voter; amending s. |
| 134 | 101.663, F.S., relating to change of residence, to |
| 135 | conform; amending s. 101.6921, F.S., relating to delivery |
| 136 | of special absentee ballots to certain first-time voters, |
| 137 | to conform; amending s. 101.6923, F.S., relating to |
| 138 | special absentee ballot instructions for certain first- |
| 139 | time voters, to conform; amending s. 102.012, F.S., |
| 140 | relating to conduct of elections by inspectors and clerks, |
| 141 | to conform; amending s. 104.013, F.S., relating to |
| 142 | unauthorized use, possession, or destruction of voter |
| 143 | information cards, to conform; amending s. 106.0705, F.S.; |
| 144 | providing for the timely filing of certain reports; |
| 145 | amending s. 106.08; providing for contribution limits to |
| 146 | statewide candidates; amending s. 106.33, F.S.; increasing |
| 147 | certain contribution limits; amending s. 106.34, F.S.; |
| 148 | revising provisions relating to certain candidate |
| 149 | expenditure limits; providing a definition; amending s. |
| 150 | 196.141, F.S., relating to homestead exemptions and duties |
| 151 | of property appraisers, to conform; amending s. 120.54, |
| 152 | F.S.; including certain rules pertaining to the Florida |
| 153 | Election Code within the definition of emergency rules |
| 154 | governing public health, safety, or welfare; amending s. |
| 155 | 99.061, F.S.; providing the method of qualifying for |
| 156 | nomination to the office of the state attorney or public |
| 157 | defender; amending s. 322.142, F.S.; providing for |
| 158 | disclosure of certain confidential driver's license |
| 159 | information to the department under certain circumstances; |
| 160 | making it a third-degree felony to participate in certain |
| 161 | exchanges associated with voting by absentee ballot; |
| 162 | repealing s. 104.047(1), F.S., relating to criminal |
| 163 | penalties for participation in certain exchanges |
| 164 | associated with voting by absentee ballot; repealing s. |
| 165 | 98.055, F.S., relating to registration list maintenance |
| 166 | forms; repealing s. 98.095, F.S., relating to county |
| 167 | registers open to inspection and copies; repealing s. |
| 168 | 98.0977, F.S., relating to the statewide voter |
| 169 | registration database and its operation and maintenance; |
| 170 | repealing s. 98.0979, F.S., relating to inspection of the |
| 171 | statewide voter registration; repealing s. 98.101, F.S., |
| 172 | relating to specifications for permanent registration |
| 173 | binders, files, and forms; repealing s. 98.181, F.S., |
| 174 | relating to duty of the supervisor of elections to make up |
| 175 | indexes or records; repealing s. 98.231, F.S., relating to |
| 176 | duty of the supervisor of elections to furnish the |
| 177 | department the number of registered electors; repealing s. |
| 178 | 98.451, F.S., relating to automation in processing |
| 179 | registration data; repealing s. 98.481, F.S., relating to |
| 180 | challenges to electors; repealing s. 101.635, F.S., |
| 181 | relating to distribution of blocks of printed ballots; |
| 182 | providing effective dates. |
| 183 |
|
| 184 | Be It Enacted by the Legislature of the State of Florida: |
| 185 |
|
| 186 | Section 1. Subsections (1), (2), and (11) of section |
| 187 | 97.012, Florida Statutes, are amended, and subsection (14) is |
| 188 | added to that section, to read: |
| 189 | 97.012 Secretary of State as chief election officer.--The |
| 190 | Secretary of State is the chief election officer of the state, |
| 191 | and it is his or her responsibility to: |
| 192 | (1) Obtain and maintain uniformity in the application, |
| 193 | operation, and interpretation and implementation of the election |
| 194 | laws. In order to obtain and maintain uniformity in the |
| 195 | interpretation and implementation of the elections laws, the |
| 196 | Department of State may, pursuant to ss. 120.536(1) and 120.54, |
| 197 | adopt by rule uniform standards for the proper and equitable |
| 198 | interpretation and implementation of the requirements of |
| 199 | chapters 97 through 102 and 105 of the Election Code. |
| 200 | (2) Provide uniform standards for the proper and equitable |
| 201 | implementation of the registration laws by administrative rule |
| 202 | of the Department of State adopted pursuant to ss. 120.536(1) |
| 203 | and 120.54. |
| 204 | (11) Create and administer maintain a statewide voter |
| 205 | registration system as required by the Help America Vote Act of |
| 206 | 2002 database. The secretary may delegate voter registration |
| 207 | duties and records maintenance activities to voter registration |
| 208 | officials. Any responsibilities delegated by the secretary shall |
| 209 | be performed in accordance with state and federal law. |
| 210 | (14) Bring and maintain such actions at law or in equity |
| 211 | by mandamus or injunction to enforce the performance of any |
| 212 | duties of a county supervisor of elections or any official |
| 213 | performing duties with respect to chapters 97 through 102 and |
| 214 | 105 or to enforce compliance with a rule of the Department of |
| 215 | State adopted to interpret or implement any of those chapters. |
| 216 | (a) Venue for such actions shall be in the Circuit Court |
| 217 | of Leon County. |
| 218 | (b) When the secretary files an action under this section |
| 219 | and not more than 60 days remain before an election as defined |
| 220 | in s. 97.021, or during the time period after the election and |
| 221 | before certification of the election pursuant to s. 102.112 or |
| 222 | s. 102.121, the court, including an appellate court, shall set |
| 223 | an immediate hearing, giving the case priority over other |
| 224 | pending cases. |
| 225 | (c) Prior to filing an action to enforce performance of |
| 226 | the duties of the supervisor of elections or any official |
| 227 | described in this subsection, the secretary or his or her |
| 228 | designee first must confer, or must make a good-faith attempt to |
| 229 | confer, with the supervisor of elections or the official to |
| 230 | ensure compliance with chapters 97 through 102 and 105 or the |
| 231 | rules of the Department of State adopted under any of those |
| 232 | chapters. |
| 233 | Section 2. Subsection (13) of section 97.021, Florida |
| 234 | Statutes, is amended, present subsections (38) and (39) are |
| 235 | renumbered as subsections (39) and (40), respectively, and a new |
| 236 | subsection (38) is added to that section, to read: |
| 237 | 97.021 Definitions.--For the purposes of this code, except |
| 238 | where the context clearly indicates otherwise, the term: |
| 239 | (13) "Lists of registered electors" means names and |
| 240 | associated information copies of printed lists of registered |
| 241 | electors maintained by the department in the statewide voter |
| 242 | registration system or generated or derived from the statewide |
| 243 | voter registration system. Lists may be produced in printed or |
| 244 | electronic format, computer tapes or disks, or any other device |
| 245 | used by the supervisor of elections to maintain voter records. |
| 246 | (38) "Voter registration official" means any supervisor of |
| 247 | elections or individual authorized by the Secretary of State to |
| 248 | accept voter registration applications and execute updates to |
| 249 | the statewide voter registration system. |
| 250 | Section 3. Section 97.026, Florida Statutes, is amended to |
| 251 | read: |
| 252 | 97.026 Forms to be available in alternative formats and |
| 253 | via the Internet.--It is the intent of the Legislature that all |
| 254 | forms required to be used in chapters 97-106 shall be made |
| 255 | available upon request, in alternative formats. Such forms shall |
| 256 | include absentee ballots as alternative formats for such ballots |
| 257 | become available and the Division of Elections is able to |
| 258 | certify systems that provide them. The department may, pursuant |
| 259 | to ss. 120.536(1) and 120.54, adopt rules to administer this |
| 260 | section. Whenever possible, such forms, with the exception of |
| 261 | absentee ballots, shall be made available by the Department of |
| 262 | State via the Internet. Sections that contain such forms |
| 263 | include, but are not limited to, ss. 97.051, 97.052, 97.053, |
| 264 | 97.057, 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, |
| 265 | 98.075, 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, |
| 266 | 101.6103, 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and |
| 267 | 106.087. |
| 268 | Section 4. Section 97.051, Florida Statutes, is amended to |
| 269 | read: |
| 270 | 97.051 Oath upon registering.--A person registering to |
| 271 | vote must subscribe to the following oath: "I do solemnly swear |
| 272 | (or affirm) that I will protect and defend the Constitution of |
| 273 | the United States and the Constitution of the State of Florida, |
| 274 | that I am qualified to register as an elector under the |
| 275 | Constitution and laws of the State of Florida, and that all |
| 276 | information provided in this application is true I am a citizen |
| 277 | of the United States and a legal resident of Florida." |
| 278 | Section 5. Section 97.052, Florida Statutes, is amended to |
| 279 | read: |
| 280 | 97.052 Uniform statewide voter registration application.-- |
| 281 | (1) The department shall prescribe by rule a uniform |
| 282 | statewide voter registration application for use in this state. |
| 283 | (a) The uniform statewide voter registration application |
| 284 | must be accepted for any one or more of the following purposes: |
| 285 | 1. Initial registration. |
| 286 | 2. Change of address. |
| 287 | 3. Change of party affiliation. |
| 288 | 4. Change of name. |
| 289 | 5. Replacement of a voter information registration |
| 290 | identification card. |
| 291 | 6. Signature update. |
| 292 | (b) The department is responsible for printing the uniform |
| 293 | statewide voter registration application and the voter |
| 294 | registration application form prescribed by the Federal Election |
| 295 | Assistance Commission pursuant to federal law the National Voter |
| 296 | Registration Act of 1993. The applications and forms must be |
| 297 | distributed, upon request, to the following: |
| 298 | 1. Individuals seeking to register to vote or update a |
| 299 | voter registration record. |
| 300 | 2. Individuals or groups conducting voter registration |
| 301 | programs. A charge of 1 cent per application shall be assessed |
| 302 | on requests for 10,000 or more applications. |
| 303 | 3. The Department of Highway Safety and Motor Vehicles. |
| 304 | 4. Voter registration agencies. |
| 305 | 5. Armed forces recruitment offices. |
| 306 | 6. Qualifying educational institutions. |
| 307 | 7. Supervisors, who must make the applications and forms |
| 308 | available in the following manner: |
| 309 | a. By distributing the applications and forms in their |
| 310 | offices to any individual or group. |
| 311 | b. By distributing the applications and forms at other |
| 312 | locations designated by each supervisor. |
| 313 | c. By mailing the applications and forms to applicants |
| 314 | upon the request of the applicant. |
| 315 | (c) The uniform statewide voter registration application |
| 316 | may be reproduced by any private individual or group, provided |
| 317 | the reproduced application is in the same format as the |
| 318 | application prescribed by rule under this section. |
| 319 | (2) The uniform statewide voter registration application |
| 320 | must be designed to elicit the following information from the |
| 321 | applicant: |
| 322 | (a) Last, first, and middle Full name, including any |
| 323 | suffix. |
| 324 | (b) Date of birth. |
| 325 | (c) Address of legal residence. |
| 326 | (d) Mailing address, if different. |
| 327 | (e) County of legal residence. |
| 328 | (f) Address of property for which the applicant has been |
| 329 | granted a homestead exemption, if any. |
| 330 | (f)(g) Race or ethnicity that best describes the |
| 331 | applicant: |
| 332 | 1. American Indian or Alaskan Native. |
| 333 | 2. Asian or Pacific Islander. |
| 334 | 3. Black, not Hispanic. |
| 335 | 4. White, not Hispanic. |
| 336 | 5. Hispanic. |
| 337 | (g)(h) State or country of birth. |
| 338 | (h)(i) Sex. |
| 339 | (i)(j) Party affiliation. |
| 340 | (j)(k) Whether the applicant needs assistance in voting. |
| 341 | (k)(l) Name and address where last registered. |
| 342 | (l)(m) Last four digits of the applicant's social security |
| 343 | number. |
| 344 | (m)(n) Florida driver's license number or the |
| 345 | identification number from a Florida identification card issued |
| 346 | under s. 322.051. |
| 347 | (n) An indication, if applicable, that the applicant has |
| 348 | not been issued a Florida driver's license, a Florida |
| 349 | identification card, or a social security number. |
| 350 | (o) Telephone number (optional). |
| 351 | (p) Signature of applicant under penalty for false |
| 352 | swearing pursuant to s. 104.011, by which the person subscribes |
| 353 | to the oath required by s. 3, Art. VI of the State Constitution |
| 354 | and s. 97.051, and swears or affirms that the information |
| 355 | contained in the registration application is true. |
| 356 | (q) Whether the application is being used for initial |
| 357 | registration, to update a voter registration record, or to |
| 358 | request a replacement voter information registration |
| 359 | identification card. |
| 360 | (r) Whether the applicant is a citizen of the United |
| 361 | States by asking the question "Are you a citizen of the United |
| 362 | States of America?" and providing boxes for the applicant to |
| 363 | check to indicate whether the applicant is or is not a citizen |
| 364 | of the United States. |
| 365 | (s) Whether That the applicant has not been convicted of a |
| 366 | felony, and or, if convicted, has had his or her civil rights |
| 367 | restored by including the statement "I affirm I am not a |
| 368 | convicted felon or, if I am, my rights relating to voting have |
| 369 | been restored." and providing a box for the applicant to check |
| 370 | to affirm the statement. |
| 371 | (t) Whether That the applicant has not been adjudicated |
| 372 | mentally incapacitated with respect to voting or, if so |
| 373 | adjudicated, has had his or her right to vote restored by |
| 374 | including the statement "I affirm I have not been adjudicated |
| 375 | mentally incapacitated with respect to voting or, if I have, my |
| 376 | competency has been restored." and providing a box for the |
| 377 | applicant to check to affirm the statement. |
| 378 |
|
| 379 | The registration application form must be in plain language and |
| 380 | designed so that convicted felons whose civil rights have been |
| 381 | restored and persons who have been adjudicated mentally |
| 382 | incapacitated and have had their voting rights restored are not |
| 383 | required to reveal their prior conviction or adjudication. |
| 384 | (3) The uniform statewide voter registration application |
| 385 | must also contain: |
| 386 | (a) The oath required by s. 3, Art. VI of the State |
| 387 | Constitution and s. 97.051. |
| 388 | (b) A statement specifying each eligibility requirement |
| 389 | under s. 97.041. |
| 390 | (c) The penalties provided in s. 104.011 for false |
| 391 | swearing in connection with voter registration. |
| 392 | (d) A statement that, if an applicant declines to register |
| 393 | to vote, the fact that the applicant has declined to register |
| 394 | will remain confidential and may be used only for voter |
| 395 | registration purposes. |
| 396 | (e) A statement that informs the applicant who chooses to |
| 397 | register to vote or update a voter registration record that the |
| 398 | office at which the applicant submits a voter registration |
| 399 | application or updates a voter registration record will remain |
| 400 | confidential and may be used only for voter registration |
| 401 | purposes. |
| 402 | (f) A statement that informs the applicant that any person |
| 403 | who has been granted a homestead exemption in this state, and |
| 404 | who registers to vote in any precinct other than the one in |
| 405 | which the property for which the homestead exemption has been |
| 406 | granted, shall have that information forwarded to the property |
| 407 | appraiser where such property is located, which may result in |
| 408 | the person's homestead exemption being terminated and the person |
| 409 | being subject to assessment of back taxes under s. 193.092, |
| 410 | unless the homestead granted the exemption is being maintained |
| 411 | as the permanent residence of a legal or natural dependent of |
| 412 | the owner and the owner resides elsewhere. |
| 413 | (f)(g) A statement informing an the applicant who has not |
| 414 | been issued a Florida driver's license, a Florida identification |
| 415 | card, or a social security number that if the application form |
| 416 | is submitted by mail and the applicant is registering for the |
| 417 | first time in this state, the applicant will be required to |
| 418 | provide identification prior to voting the first time. |
| 419 | (4) A supervisor may produce a voter registration |
| 420 | application that has the supervisor's direct mailing address if |
| 421 | the department has reviewed the application and determined that |
| 422 | it is substantially the same as the uniform statewide voter |
| 423 | registration application. |
| 424 | (5) The voter registration application form prescribed by |
| 425 | the Federal Election Assistance Commission pursuant to federal |
| 426 | law the National Voter Registration Act of 1993 or the federal |
| 427 | postcard application must be accepted as an application for |
| 428 | registration in this state if the completed application or |
| 429 | postcard application contains the information required by the |
| 430 | constitution and laws of this state. |
| 431 | (6) If a voter registration applicant fails to provide any |
| 432 | of the required information on the voter registration |
| 433 | application form, the supervisor shall notify the applicant of |
| 434 | the failure by mail within 5 business days after the supervisor |
| 435 | has the information available in the voter registration system. |
| 436 | The applicant shall have an opportunity to complete the |
| 437 | application form to vote in the next election up until the book |
| 438 | closing for that next election. |
| 439 | Section 6. Section 97.053, Florida Statutes, is amended to |
| 440 | read: |
| 441 | 97.053 Acceptance of voter registration applications.-- |
| 442 | (1) Voter registration applications, changes in |
| 443 | registration, and requests for a replacement voter information |
| 444 | registration identification card must be accepted in the office |
| 445 | of any supervisor, the division, a driver license office, a |
| 446 | voter registration agency, or an armed forces recruitment office |
| 447 | when hand delivered by the applicant or a third party during the |
| 448 | hours that office is open or when mailed. |
| 449 | (2) A completed voter registration application is complete |
| 450 | and that contains the information necessary to establish an |
| 451 | applicant's eligibility pursuant to s. 97.041 becomes the |
| 452 | official voter registration record of that applicant when all |
| 453 | information necessary to establish the applicant's eligibility |
| 454 | pursuant to s. 97.041 is received by a voter registration |
| 455 | official and verified pursuant to subsection (6) the appropriate |
| 456 | supervisor. If the applicant fails to complete his or her voter |
| 457 | registration application prior to the date of book closing for |
| 458 | an election, then such applicant shall not be eligible to vote |
| 459 | in that election. |
| 460 | (3) The registration date for a valid initial voter |
| 461 | registration application that has been hand delivered is the |
| 462 | date that the application is when received by a driver license |
| 463 | office, a voter registration agency, an armed forces recruitment |
| 464 | office, the division, or the office of any supervisor in the |
| 465 | state. |
| 466 | (4) The registration date for a valid initial voter |
| 467 | registration application that has been mailed to a driver |
| 468 | license office, a voter registration agency, an armed forces |
| 469 | recruitment office, the division, or the office of any |
| 470 | supervisor in the state and bears a clear postmark is the date |
| 471 | of that the postmark. If an initial voter registration |
| 472 | application that has been mailed does not bear a postmark or if |
| 473 | the postmark is unclear, the registration date is the date the |
| 474 | application registration is received by any supervisor or the |
| 475 | division, unless it is received within 5 days after the closing |
| 476 | of the books for an election, excluding Saturdays, Sundays, and |
| 477 | legal holidays, in which case the registration date is the book- |
| 478 | closing date. |
| 479 | (5)(a) A voter registration application is complete if it |
| 480 | contains the following information necessary to establish the |
| 481 | applicant's eligibility pursuant to s. 97.041, including: |
| 482 | 1. The applicant's name. |
| 483 | 2. The applicant's legal residence address. |
| 484 | 3. The applicant's date of birth. |
| 485 | 4. A mark in the checkbox affirming An indication that the |
| 486 | applicant is a citizen of the United States. |
| 487 | 5.a. The applicant's current and valid Florida driver's |
| 488 | license number or, the identification number from a Florida |
| 489 | identification card issued under s. 322.051, or |
| 490 | b. If the applicant has not been issued a current and |
| 491 | valid Florida driver's license or a Florida identification card, |
| 492 | the last four digits of the applicant's social security number. |
| 493 |
|
| 494 | In case an applicant has not been issued a current and valid |
| 495 | Florida driver's license, Florida identification card, or social |
| 496 | security number, the applicant shall affirm this fact in the |
| 497 | manner prescribed in the uniform statewide voter registration |
| 498 | application. |
| 499 | 6. A mark in the checkbox affirming An indication that the |
| 500 | applicant has not been convicted of a felony or that, if |
| 501 | convicted, has had his or her civil rights restored. |
| 502 | 7. A mark in the checkbox affirming An indication that the |
| 503 | applicant has not been adjudicated mentally incapacitated with |
| 504 | respect to voting or that, if so adjudicated, has had his or her |
| 505 | right to vote restored. |
| 506 | 8. The original signature or a digital signature |
| 507 | transmitted by the Department of Highway Safety and Motor |
| 508 | Vehicles of the applicant swearing or affirming under the |
| 509 | penalty for false swearing pursuant to s. 104.011 that the |
| 510 | information contained in the registration application is true |
| 511 | and subscribing to the oath required by s. 3, Art. VI of the |
| 512 | State Constitution and s. 97.051. |
| 513 | (b) An applicant who fails to designate party affiliation |
| 514 | must be registered without party affiliation. The supervisor |
| 515 | must notify the voter by mail that the voter has been registered |
| 516 | without party affiliation and that the voter may change party |
| 517 | affiliation as provided in s. 97.1031. |
| 518 | (6) A voter registration application may be accepted as |
| 519 | valid only after the department has verified the authenticity or |
| 520 | nonexistence of the driver's license number, the Florida |
| 521 | identification card number, or the last four digits of the |
| 522 | social security number provided by the applicant. If a completed |
| 523 | voter registration application has been received by the book- |
| 524 | closing deadline but the driver's license number, the Florida |
| 525 | identification card number, or the last four digits of the |
| 526 | social security number provided by the applicant cannot be |
| 527 | verified prior to the applicant presenting himself or herself to |
| 528 | vote, the applicant shall be provided a provisional ballot. The |
| 529 | provisional ballot shall be counted only if the application is |
| 530 | verified by the end of the canvassing period or if the applicant |
| 531 | presents evidence to the supervisor of elections sufficient to |
| 532 | verify the authenticity of the driver's license number, Florida |
| 533 | identification card number, or last four digits of the social |
| 534 | security number provided on the application no later than 5 p.m. |
| 535 | of the third day following the election. |
| 536 | (7) All voter registration applications received by a |
| 537 | voter registration official shall be entered into the statewide |
| 538 | voter registration system within 15 days after receipt. Once |
| 539 | entered, the application shall be immediately forwarded to the |
| 540 | appropriate supervisor of elections. |
| 541 | Section 7. Subsections (1), (2), and (3) of section |
| 542 | 97.0535, Florida Statutes, are amended to read: |
| 543 | 97.0535 Special requirements for certain applicants.-- |
| 544 | (1) Each applicant who registers by mail and who has never |
| 545 | previously voted in the state and who the department has |
| 546 | verified has not been issued a current and valid Florida |
| 547 | driver's license, Florida identification card, or social |
| 548 | security number county shall be required to provide a copy of a |
| 549 | current and valid identification, as provided in subsection (3), |
| 550 | or indicate that he or she is exempt from the requirements prior |
| 551 | to voting. Such The applicant may provide the identification or |
| 552 | indication may be provided at the time of registering, or at any |
| 553 | time prior to voting for the first time in the state county. If |
| 554 | the voter registration application clearly provides information |
| 555 | from which a voter registration official the supervisor can |
| 556 | determine that the applicant meets at least one of the |
| 557 | exemptions in subsection (4), the voter registration official |
| 558 | supervisor shall make the notation on the registration records |
| 559 | of the statewide voter registration system and the applicant |
| 560 | shall not be required to provide the identification required by |
| 561 | this section further information that is required of first time |
| 562 | voters who register by mail. |
| 563 | (2) The voter registration official supervisor of |
| 564 | elections shall, upon accepting the voter registration |
| 565 | application submitted pursuant to subsection (1) for an |
| 566 | applicant who registered by mail and who has not previously |
| 567 | voted in the county, determine if the applicant provided the |
| 568 | required identification at the time of registering. If the |
| 569 | required identification was not provided, the supervisor shall |
| 570 | notify the applicant that he or she must provide the |
| 571 | identification prior to voting the first time in the state |
| 572 | county. |
| 573 | (3)(a) The following forms of identification shall be |
| 574 | considered current and valid if they contain the name and |
| 575 | photograph of the applicant and have not expired: |
| 576 | 1. Florida driver's license. |
| 577 | 2. Florida identification card issued by the Department of |
| 578 | Highway Safety and Motor Vehicles. |
| 579 | 1.3. United States passport. |
| 580 | 2.4. Employee badge or identification. |
| 581 | 3.5. Buyer's club identification. |
| 582 | 4.6. Debit or credit card. |
| 583 | 5.7. Military identification. |
| 584 | 6.8. Student identification. |
| 585 | 7.9. Retirement center identification. |
| 586 | 8.10. Neighborhood association identification. |
| 587 | 11. Entertainment identification. |
| 588 | 9.12. Public assistance identification. |
| 589 | (b) The following forms of identification shall be |
| 590 | considered current and valid if they contain the name and |
| 591 | current residence address of the applicant: |
| 592 | 1. Utility bill. |
| 593 | 2. Bank statement. |
| 594 | 3. Government check. |
| 595 | 4. Paycheck. |
| 596 | 5. Other government document (excluding voter |
| 597 | identification card). |
| 598 | Section 8. Subsection (1) of section 97.055, Florida |
| 599 | Statutes, is amended to read: |
| 600 | 97.055 Registration books; when closed for an election.-- |
| 601 | (1) The registration books must be closed on the 29th day |
| 602 | before each election and must remain closed until after that |
| 603 | election. If an election is called and there are fewer than 29 |
| 604 | days before that election, the registration books must be closed |
| 605 | immediately. When the registration books are closed for an |
| 606 | election, only updates to a voter's name, address, and signature |
| 607 | pursuant to ss. 98.077 and 101.045 will be permitted for |
| 608 | purposes of the upcoming election. Voter registration |
| 609 | applications and party changes must be accepted but only for the |
| 610 | purpose of subsequent elections. However, party changes received |
| 611 | between the book-closing date of the first primary election and |
| 612 | the date of the second primary election are not effective until |
| 613 | after the second primary election. |
| 614 | Section 9. Section 97.057, Florida Statutes, is amended to |
| 615 | read: |
| 616 | 97.057 Voter registration by the Department of Highway |
| 617 | Safety and Motor Vehicles.-- |
| 618 | (1) The Department of Highway Safety and Motor Vehicles |
| 619 | shall provide the opportunity to register to vote or to update a |
| 620 | voter registration record to each individual who comes to an |
| 621 | office of that department to: |
| 622 | (a) Apply for or renew a driver's license; |
| 623 | (b) Apply for or renew an identification card pursuant to |
| 624 | chapter 322; or |
| 625 | (c) Change an address on an existing driver's license or |
| 626 | identification card. |
| 627 | (2) The Department of Highway Safety and Motor Vehicles |
| 628 | shall: |
| 629 | (a) Notify each individual, orally or in writing, that: |
| 630 | 1. Information gathered for the completion of a driver's |
| 631 | license or identification card application, renewal, or change |
| 632 | of address can be automatically transferred to a voter |
| 633 | registration application; |
| 634 | 2. If additional information and a signature are provided, |
| 635 | the voter registration application will be completed and sent to |
| 636 | the proper election authority; |
| 637 | 3. Information provided can also be used to update a voter |
| 638 | registration record; |
| 639 | 4. All declinations will remain confidential and may be |
| 640 | used only for voter registration purposes; and |
| 641 | 5. The particular driver license office in which the |
| 642 | person applies to register to vote or updates a voter |
| 643 | registration record will remain confidential and may be used |
| 644 | only for voter registration purposes. |
| 645 | (b) Require a driver's license examiner to inquire orally, |
| 646 | or, if the applicant is hearing impaired, inquire in writing if |
| 647 | the applicant is hearing impaired, and whether the applicant |
| 648 | wishes to register to vote or update a voter registration record |
| 649 | during the completion of a driver's license or identification |
| 650 | card application, renewal, or change of address. |
| 651 | 1. If the applicant chooses to register to vote or to |
| 652 | update a voter registration record: |
| 653 | a. All applicable information received by the Department |
| 654 | of Highway Safety and Motor Vehicles in the course of filling |
| 655 | out the forms necessary under subsection (1) must be transferred |
| 656 | to a voter registration application.; |
| 657 | b. The additional necessary information must be obtained |
| 658 | by the driver's license examiner and must not duplicate any |
| 659 | information already obtained while completing the forms required |
| 660 | under subsection (1).; and |
| 661 | c. A voter registration application with all of the |
| 662 | applicant's voter registration information required to establish |
| 663 | the applicant's eligibility pursuant to s. 97.041 must be |
| 664 | presented to the applicant to review and verify the voter |
| 665 | registration information received and provide an electronic |
| 666 | signature affirming the accuracy of the information provided |
| 667 | sign. |
| 668 | 2. If the applicant declines to register to vote, update |
| 669 | the applicant's voter registration record, or change the |
| 670 | applicant's address by either orally declining or by failing to |
| 671 | sign the voter registration application, the Department of |
| 672 | Highway Safety and Motor Vehicles must note such declination on |
| 673 | its records and shall forward the declination to the statewide |
| 674 | voter registration system keep the declination for 2 years but |
| 675 | must forward a copy of the unsigned voter registration |
| 676 | application within 5 days after receipt to the appropriate |
| 677 | supervisor of elections. |
| 678 | (3) For the purpose of this section, the Department of |
| 679 | Highway Safety and Motor Vehicles, with the approval of the |
| 680 | Department of State, shall prescribe: |
| 681 | (a) A voter registration application that is the same in |
| 682 | content, format, and size as the uniform statewide voter |
| 683 | registration application prescribed under s. 97.052; and |
| 684 | (b) A form that will inform applicants under subsection |
| 685 | (1) of the information contained in paragraph (2)(a). |
| 686 | (4) The Department of Highway Safety and Motor Vehicles |
| 687 | must electronically transmit forward completed voter |
| 688 | registration applications within 24 hours after receipt to the |
| 689 | statewide voter registration system. Completed paper voter |
| 690 | registration applications received by the Department of Highway |
| 691 | Safety and Motor Vehicles shall be forwarded within 5 days after |
| 692 | receipt to the supervisor of the county where the office that |
| 693 | processed or received that application is located. |
| 694 | (5) The Department of Highway Safety and Motor Vehicles |
| 695 | must send, with each driver's license renewal extension |
| 696 | application authorized pursuant to s. 322.18(8), a uniform |
| 697 | statewide voter registration application, the voter registration |
| 698 | application prescribed under paragraph (3)(a), or a voter |
| 699 | registration application developed especially for the purposes |
| 700 | of this subsection by the Department of Highway Safety and Motor |
| 701 | Vehicles, with the approval of the Department of State, which |
| 702 | must meet the requirements of s. 97.052. |
| 703 | (6) A person providing voter registration services for a |
| 704 | driver license office may not: |
| 705 | (a) Seek to influence an applicant's political preference |
| 706 | or party registration; |
| 707 | (b) Display any political preference or party allegiance; |
| 708 | (c) Make any statement to an applicant or take any action |
| 709 | the purpose or effect of which is to discourage the applicant |
| 710 | from registering to vote; or |
| 711 | (d) Disclose any applicant's voter registration |
| 712 | information except as needed for the administration of voter |
| 713 | registration. |
| 714 | (7) The Department of Highway Safety and Motor Vehicles |
| 715 | shall compile lists, by county, of those individuals whose names |
| 716 | have been purged from its driver's license database because they |
| 717 | have been licensed in another state and shall provide those |
| 718 | lists annually to the appropriate supervisors. |
| 719 | (7)(8) The Department of Highway Safety and Motor Vehicles |
| 720 | shall collect data determined necessary by the Department of |
| 721 | State for program evaluation and reporting to the Federal |
| 722 | Election Assistance Commission pursuant to federal law the |
| 723 | National Voter Registration Act of 1993. |
| 724 | (8)(9) The Department of Highway Safety and Motor Vehicles |
| 725 | must ensure that all voter registration services provided by |
| 726 | driver license offices are in compliance with the Voting Rights |
| 727 | Act of 1965. |
| 728 | (9) The Department of Highway Safety and Motor Vehicles |
| 729 | shall retain complete records of voter registration information |
| 730 | received, processed, and submitted to the statewide voter |
| 731 | registration system by the Department of Highway Safety and |
| 732 | Motor Vehicles. These records shall be for the explicit purpose |
| 733 | of supporting audit and accounting controls established to |
| 734 | ensure accurate and complete electronic transmission of records |
| 735 | between the statewide voter registration system and the |
| 736 | Department of Highway Safety and Motor Vehicles. |
| 737 | (10) The department shall provide the Department of |
| 738 | Highway Safety and Motor Vehicles with an electronic database of |
| 739 | street addresses valid for use as the legal residence address as |
| 740 | required in s. 97.053(5). The Department of Highway Safety and |
| 741 | Motor Vehicles shall compare the address provided by the |
| 742 | applicant against the database of valid street addresses. If the |
| 743 | address provided by the applicant does not match a valid street |
| 744 | address in the database, the applicant will be asked to verify |
| 745 | the address provided. The Department of Highway Safety and Motor |
| 746 | Vehicles shall not reject any application for voter registration |
| 747 | for which a valid match cannot be made. |
| 748 | (11) The Department of Highway Safety and Motor Vehicles |
| 749 | shall enter into an agreement with the department to match |
| 750 | information in the statewide voter registration system with |
| 751 | information in the database of the Department of Highway Safety |
| 752 | and Motor Vehicles to the extent required to verify the accuracy |
| 753 | of the driver's license number, Florida identification number, |
| 754 | or last four digits of the social security number provided on |
| 755 | applications for voter registration as required in s. 97.053. |
| 756 | (12) The Department of Highway Safety and Motor Vehicles |
| 757 | shall enter into an agreement with the Commissioner of Social |
| 758 | Security as required by the Help America Vote Act of 2002 to |
| 759 | verify the last four digits of the social security number |
| 760 | provided in applications for voter registration as required in |
| 761 | s. 97.053. |
| 762 | Section 10. Subsections (6), (7), and (9) of section |
| 763 | 97.058, Florida Statutes, are amended to read: |
| 764 | 97.058 Voter registration agencies.-- |
| 765 | (6) A voter registration agency must forward all completed |
| 766 | and incomplete voter registration applications within 5 days |
| 767 | after receipt to the supervisor of the county where the agency |
| 768 | that processed or received that application is located. |
| 769 | (7) A voter registration agency must retain declinations |
| 770 | for a period of 2 years, during which time the declinations are |
| 771 | not considered a record of the client pursuant to the laws |
| 772 | governing the agency's records. However, a voter registration |
| 773 | agency must forward a copy of each incompleted voter |
| 774 | registration application within 5 days after receipt to the |
| 775 | appropriate supervisor of elections. |
| 776 | (9) A voter registration agency must collect data |
| 777 | determined necessary by the department, as provided by rule, for |
| 778 | program evaluation and reporting to the Federal Election |
| 779 | Assistance Commission pursuant to federal law the National Voter |
| 780 | Registration Act of 1993. |
| 781 | Section 11. Section 97.061, Florida Statutes, is amended |
| 782 | to read: |
| 783 | 97.061 Special registration for electors requiring |
| 784 | assistance.-- |
| 785 | (1) Any person who is eligible to register and who is |
| 786 | unable to read or write or who, because of some disability, |
| 787 | needs assistance in voting shall upon that person's request be |
| 788 | registered by the supervisor under the procedure prescribed by |
| 789 | this section and shall be entitled to receive assistance at the |
| 790 | polls under the conditions prescribed by this section. The |
| 791 | department may adopt rules to administer this section. |
| 792 | (2) If a person is qualified to register pursuant to this |
| 793 | section, the voter registration official supervisor shall note |
| 794 | in that person's registration record that the person needs |
| 795 | assistance in voting. |
| 796 | (3) The precinct register generated by the supervisor |
| 797 | shall contain Upon registering any person pursuant to this |
| 798 | section, the supervisor must make a notation on the registration |
| 799 | books or records which are delivered to the polls on election |
| 800 | day that such person is eligible for assistance in voting, and |
| 801 | the supervisor may issue such person a special registration |
| 802 | identification card or make a some notation on the voter |
| 803 | information regular registration identification card that such |
| 804 | person is eligible for assistance in voting. Such person shall |
| 805 | be entitled to receive the assistance of two election officials |
| 806 | or some other person of his or her own choice, other than the |
| 807 | person's employer, the agent of the person's employer, or an |
| 808 | officer or agent of the person's union, without the necessity of |
| 809 | executing the "Declaration to Secure Assistance" prescribed in |
| 810 | s. 101.051. Such person shall notify the supervisor of any |
| 811 | change in his or her condition which makes it unnecessary for |
| 812 | him or her to receive assistance in voting. |
| 813 | Section 12. Section 97.071, Florida Statutes, is amended |
| 814 | to read: |
| 815 | 97.071 Voter information Registration identification |
| 816 | card.-- |
| 817 | (1) A voter information registration identification card |
| 818 | shall must be furnished by the supervisor to all registered |
| 819 | voters residing in the supervisor's county. The card registering |
| 820 | under the permanent single registration system and must contain: |
| 821 | (a) Voter's registration number. |
| 822 | (b) Date of registration. |
| 823 | (c) Full name. |
| 824 | (d) Party affiliation. |
| 825 | (e) Date of birth. |
| 826 | (f) Race or ethnicity, if provided by the applicant. |
| 827 | (g) Sex, if provided by the applicant. |
| 828 | (f)(h) Address of legal residence. |
| 829 | (g)(i) Precinct number. |
| 830 | (h)(j) Name of supervisor and contact information of |
| 831 | supervisor. |
| 832 | (k) Place for voter's signature. |
| 833 | (i)(l) Other information deemed necessary by the |
| 834 | supervisor department. |
| 835 | (2) A voter may receive a replacement voter information of |
| 836 | a registration identification card by providing a signed, |
| 837 | written request for a replacement card to a voter registration |
| 838 | official the supervisor. Upon verification of registration, the |
| 839 | supervisor shall issue the voter a duplicate card without |
| 840 | charge. |
| 841 | (3) In the case of a change of name, address, or party |
| 842 | affiliation, the supervisor shall must issue the voter a new |
| 843 | voter information registration identification card. However, a |
| 844 | voter information registration identification card indicating a |
| 845 | party affiliation change made between the book-closing date for |
| 846 | the first primary election and the date of the second primary |
| 847 | election may not be issued until after the second primary |
| 848 | election. |
| 849 | Section 13. Section 97.073, Florida Statutes, is amended |
| 850 | to read: |
| 851 | 97.073 Disposition of voter registration applications; |
| 852 | cancellation notice.-- |
| 853 | (1) The supervisor must notify each applicant of the |
| 854 | disposition of the applicant's voter registration application. |
| 855 | The notice must inform the applicant that the application has |
| 856 | been approved, is incomplete, has been denied, or is a duplicate |
| 857 | of a current registration. A voter information registration |
| 858 | identification card sent to an applicant constitutes notice of |
| 859 | approval of registration. If the application is incomplete, the |
| 860 | supervisor must request that the applicant supply the missing |
| 861 | information using a voter registration application signed by the |
| 862 | applicant in writing and sign a statement that the additional |
| 863 | information is true and correct. A notice of denial must inform |
| 864 | the applicant of the reason the application was denied. |
| 865 | (2) Within 2 weeks after approval of a voter registration |
| 866 | application that indicates that the applicant was previously |
| 867 | registered in another state jurisdiction, the department |
| 868 | supervisor must notify the registration official in the prior |
| 869 | state jurisdiction that the applicant is now registered in this |
| 870 | state the supervisor's county. |
| 871 | Section 14. Section 97.1031, Florida Statutes, is amended |
| 872 | to read: |
| 873 | 97.1031 Notice of change of residence within the same |
| 874 | county, change of name, or change of party affiliation.-- |
| 875 | (1) When an elector moves from the address named on that |
| 876 | person's voter registration record to another address within the |
| 877 | same county, the elector must provide notification of such move |
| 878 | to the supervisor of elections of that county. The elector may |
| 879 | provide the supervisor a signed, written notice or may notify |
| 880 | the supervisor by telephone or electronic means. However, |
| 881 | notification of such move other than by signed, written notice |
| 882 | must include the elector's date of birth. An elector may also |
| 883 | provide notification to other voter registration officials as |
| 884 | provided in subsection (2). A voter information registration |
| 885 | identification card reflecting the new information address of |
| 886 | legal residence shall be issued to the elector as provided in |
| 887 | subsection (3)(4). |
| 888 | (2) When an elector moves from the address named on that |
| 889 | person's voter registration record to another address in a |
| 890 | different county but within the state, the elector seeks to |
| 891 | change party affiliation, or the name of an elector is changed |
| 892 | by marriage or other legal process, the elector shall must |
| 893 | provide notice a signed, written notification of such change to |
| 894 | a voter registration official using a voter registration |
| 895 | application signed by the elector. A voter information the |
| 896 | supervisor and obtain a registration identification card |
| 897 | reflecting the new information shall be issued to the elector as |
| 898 | provided in subsection (3) name. |
| 899 | (3) When an elector seeks to change party affiliation, the |
| 900 | elector must provide a signed, written notification of such |
| 901 | intent to the supervisor and obtain a registration |
| 902 | identification card reflecting the new party affiliation, |
| 903 | subject to the issuance restriction in s. 97.071(3). |
| 904 | (3)(4) The voter registration official supervisor shall |
| 905 | make the necessary changes in the elector's records as soon as |
| 906 | practical upon receipt of such notice of a change of address of |
| 907 | legal residence, name, or party affiliation. The supervisor of |
| 908 | elections and shall issue the new voter information registration |
| 909 | identification card as required by s. 97.071(3). |
| 910 | Section 15. Section 97.105, Florida Statutes, is amended |
| 911 | to read: |
| 912 | 97.105 Permanent single registration system established.-- |
| 913 | A permanent single registration system for the registration of |
| 914 | electors to qualify them to vote in all elections is provided |
| 915 | for the several counties and municipalities. This system shall |
| 916 | be put into use by all municipalities and shall be in lieu of |
| 917 | any other system of municipal registration. Electors shall be |
| 918 | registered pursuant to in pursuance of this system by a voter |
| 919 | registration official the supervisor or by a deputy supervisor, |
| 920 | and electors registered shall not thereafter be required to |
| 921 | register or reregister except as provided by law. |
| 922 | Section 16. Subsections (3), (10), and (11) of section |
| 923 | 98.015, Florida Statutes, are amended, and subsection (12) is |
| 924 | added to that section, to read: |
| 925 | 98.015 Supervisor of elections; election, tenure of |
| 926 | office, compensation, custody of books, office hours, successor, |
| 927 | seal; appointment of deputy supervisors; duties.-- |
| 928 | (3) The supervisor shall update voter registration |
| 929 | information, enter new voter registrations into the statewide |
| 930 | voter registration system, and act as is the official custodian |
| 931 | of documents received by the supervisor related to the |
| 932 | registration of electors and changes in voter registration |
| 933 | status of electors of the supervisor's county the registration |
| 934 | books and has the exclusive control of matters pertaining to |
| 935 | registration of electors. |
| 936 | (10) Each supervisor shall must ensure that all voter |
| 937 | registration and list maintenance procedures conducted by such |
| 938 | supervisor are in compliance with any applicable requirements |
| 939 | prescribed by rule of the department through the statewide voter |
| 940 | registration system or prescribed by for that county under the |
| 941 | Voting Rights Act of 1965, the National Voter Registration Act |
| 942 | of 1993, or the Help America Vote Act of 2002. |
| 943 | (11) Each supervisor shall ensure that any voter |
| 944 | registration system used by the supervisor for administering his |
| 945 | or her duties as a voter registration official complies with the |
| 946 | specifications and procedures established by rule of the |
| 947 | department and the statewide voter registration system Each |
| 948 | supervisor of elections shall forward to the property appraiser |
| 949 | for the county in which the homestead is claimed the name of the |
| 950 | person and the address of the homestead of each person who |
| 951 | registers to vote at an address other than that at which the |
| 952 | person claims a homestead exemption, as disclosed on the uniform |
| 953 | statewide voter registration application pursuant to s. 97.052. |
| 954 | (12) Each supervisor shall maintain a list of valid |
| 955 | residential street addresses for purposes of verifying the legal |
| 956 | addresses of voters residing in the supervisor's county. The |
| 957 | supervisor shall make all reasonable efforts to coordinate with |
| 958 | county 911 service providers, property appraisers, the United |
| 959 | States Postal Service, or other agencies as necessary to ensure |
| 960 | the continued accuracy of such list. The supervisor shall |
| 961 | provide the list of valid residential addresses to the statewide |
| 962 | voter registration system in the manner and frequency specified |
| 963 | by rule of the department. |
| 964 | Section 17. Section 98.035, Florida Statutes, is created |
| 965 | to read: |
| 966 | 98.035 Statewide voter registration system; |
| 967 | implementation, operation, and maintenance.-- |
| 968 | (1) The Secretary of State, as chief election officer of |
| 969 | the state, shall be responsible for implementing, operating, and |
| 970 | maintaining, in a uniform and nondiscriminatory manner, a |
| 971 | single, uniform, official, centralized, interactive, |
| 972 | computerized statewide voter registration system as required by |
| 973 | the Help America Vote Act of 2002. The department may adopt |
| 974 | rules to administer this section. |
| 975 | (2) The statewide voter registration system must contain |
| 976 | the name and registration information of every legally |
| 977 | registered voter in the state. All voters shall be assigned a |
| 978 | unique identifier. The system shall be the official list of |
| 979 | registered voters in the state and shall provide secured access |
| 980 | by authorized voter registration officials. The system shall |
| 981 | enable voter registration officials to provide, access, and |
| 982 | update voter registration information. |
| 983 | (3) The department may not contract with any other entity |
| 984 | for the operation of the statewide voter registration system. |
| 985 | (4) The implementation of the statewide voter registration |
| 986 | system shall not prevent any supervisor of elections from |
| 987 | acquiring, maintaining, or using any hardware or software |
| 988 | necessary or desirable to carry out the supervisor's |
| 989 | responsibilities related to the use of voter registration |
| 990 | information or the conduct of elections, provided that such |
| 991 | hardware or software does not conflict with the operation of the |
| 992 | statewide voter registration system. |
| 993 | (5) The department may adopt rules governing the access, |
| 994 | use, and operation of the statewide voter registration system to |
| 995 | ensure security, uniformity, and integrity of the system. |
| 996 | Section 18. Section 98.045, Florida Statutes, is amended |
| 997 | to read: |
| 998 | 98.045 Administration of voter registration.-- |
| 999 | (1) ELIGIBILITY OF APPLICANT.--The Each supervisor must |
| 1000 | ensure that any eligible applicant for voter registration is |
| 1001 | registered to vote and that each application for voter |
| 1002 | registration is processed in accordance with law. The supervisor |
| 1003 | shall determine whether a voter registration applicant is |
| 1004 | ineligible based on any of the following: |
| 1005 | (a) The failure to complete a voter registration |
| 1006 | application as specified in s. 97.053. |
| 1007 | (b) The applicant is deceased. |
| 1008 | (c) The applicant has been convicted of a felony for which |
| 1009 | his or her civil rights have not been restored. |
| 1010 | (d) The applicant has been adjudicated mentally |
| 1011 | incapacitated with respect to the right to vote and such right |
| 1012 | has not been restored. |
| 1013 | (e) The applicant does not meet the age requirement |
| 1014 | pursuant to s. 97.041. |
| 1015 | (f) The applicant is not a United States citizen. |
| 1016 | (g) The applicant is a fictitious person. |
| 1017 | (h) The applicant has provided an address of legal |
| 1018 | residence that is not his or her legal residence. |
| 1019 | (i) The applicant has provided a driver's license number, |
| 1020 | Florida identification card number, or the last four digits of a |
| 1021 | social security number that is not verifiable by the department. |
| 1022 | (2) REMOVAL OF REGISTERED VOTERS.-- |
| 1023 | (a) Once a voter is registered, the name of that voter may |
| 1024 | not be removed from the statewide voter registration system |
| 1025 | books except at the written request of the voter, by reason of |
| 1026 | the voter's conviction of a felony or adjudication as mentally |
| 1027 | incapacitated with respect to voting, by death of the voter, or |
| 1028 | pursuant to a registration list maintenance program or other |
| 1029 | registration list maintenance activity conducted pursuant to s. |
| 1030 | 98.065 or, s. 98.075, or s. 98.0977. |
| 1031 | (b)(2) Information received by a voter registration |
| 1032 | official supervisor from an election official in another state |
| 1033 | jurisdiction indicating that a registered voter in this state |
| 1034 | the supervisor's county has registered to vote in that other |
| 1035 | state jurisdiction shall be considered as a written request from |
| 1036 | the voter to have the voter's name removed from the statewide |
| 1037 | voter registration system books of the supervisor's county. |
| 1038 | (3) PUBLIC RECORDS ACCESS AND RETENTION.--Notwithstanding |
| 1039 | the provisions of ss. 98.095 and 98.0977, Each supervisor shall |
| 1040 | maintain for at least 2 years, and make available for public |
| 1041 | inspection and copying, all records concerning implementation of |
| 1042 | registration list maintenance programs and activities conducted |
| 1043 | pursuant to ss. 98.065 and, 98.075, and 98.0977. The records |
| 1044 | must include lists of the name and address of each person to |
| 1045 | whom a an address confirmation final notice was sent and |
| 1046 | information as to whether each such person responded to the |
| 1047 | mailing, but may not include any information that is |
| 1048 | confidential or exempt from public records requirements under |
| 1049 | this code. |
| 1050 | (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL |
| 1051 | STREET ADDRESSES.-- |
| 1052 | (a) The department shall compile and maintain a statewide |
| 1053 | electronic database of valid residential street addresses from |
| 1054 | the information provided by the supervisors of elections |
| 1055 | pursuant to s. 98.015. The department shall evaluate the |
| 1056 | information provided by the supervisors of elections to identify |
| 1057 | any duplicate addresses and any address that may overlap county |
| 1058 | boundaries. |
| 1059 | (b) The department shall make the statewide database of |
| 1060 | valid street addresses available to the Department of Highway |
| 1061 | Safety and Motor Vehicles as provided in s. 97.057(10). The |
| 1062 | Department of Highway Safety and Motor Vehicles shall use the |
| 1063 | database for purposes of validating the legal residential |
| 1064 | addresses provided in voter registration applications received |
| 1065 | by the Department of Highway Safety and Motor Vehicles. |
| 1066 | (5) FORMS.--The department may prescribe by rule forms |
| 1067 | necessary to conduct maintenance of records in the statewide |
| 1068 | voter registration system. |
| 1069 | Section 19. Section 98.065, Florida Statutes, as amended |
| 1070 | by chapter 2002-281, Laws of Florida, is amended to read: |
| 1071 | 98.065 Registration list maintenance programs.-- |
| 1072 | (1) The supervisor must conduct a general registration |
| 1073 | list maintenance program to protect the integrity of the |
| 1074 | electoral process by ensuring the maintenance of accurate and |
| 1075 | current voter registration records in the statewide voter |
| 1076 | registration system. The program must be uniform, |
| 1077 | nondiscriminatory, and in compliance with the Voting Rights Act |
| 1078 | of 1965, the National Voter Registration Act of 1993, and the |
| 1079 | Help America Vote Act of 2002. As used in this subsection, the |
| 1080 | term "nondiscriminatory" applies to and includes persons with |
| 1081 | disabilities. |
| 1082 | (2) A supervisor must incorporate one or more of the |
| 1083 | following procedures in the supervisor's biennial registration |
| 1084 | list maintenance program under which: |
| 1085 | (a) Change-of-address information supplied by the United |
| 1086 | States Postal Service through its licensees is used to identify |
| 1087 | registered voters whose addresses might have changed; |
| 1088 | (b) Change-of-address information is identified from |
| 1089 | returned nonforwardable return-if-undeliverable mail sent to all |
| 1090 | registered voters in the county; or |
| 1091 | (c) Change-of-address information is identified from |
| 1092 | returned nonforwardable return-if-undeliverable address |
| 1093 | confirmation requests mailed to all registered voters who have |
| 1094 | not voted in the last 2 years and who did not make a written |
| 1095 | request that their registration records be updated during that |
| 1096 | time. |
| 1097 | (3) A registration list maintenance program must be |
| 1098 | conducted by each supervisor, at a minimum, in each odd-numbered |
| 1099 | year and must be completed not later than 90 days prior to the |
| 1100 | date of any federal election. All list maintenance actions |
| 1101 | associated with each voter must be entered, tracked, and |
| 1102 | maintained in the statewide voter registration system. |
| 1103 | (4)(a) If the supervisor receives change-of-address |
| 1104 | information pursuant to the activities conducted in subsection |
| 1105 | (2), from jury notices signed by the voter and returned to the |
| 1106 | courts, from the Department of Highway Safety and Motor |
| 1107 | Vehicles, or from other sources, which information indicates |
| 1108 | that the legal address of a registered voter might have changed, |
| 1109 | the supervisor shall send by forwardable return-if-undeliverable |
| 1110 | mail an address confirmation notice to the address at which the |
| 1111 | voter was last registered. A supervisor may also send an address |
| 1112 | confirmation notice to any voter who the supervisor has reason |
| 1113 | to believe has moved from his or her legal residence. |
| 1114 | (b) The address confirmation notice shall contain a |
| 1115 | postage prepaid preaddressed return form on which: |
| 1116 | 1. If the voter has changed his or her address of legal |
| 1117 | residence to a location outside the state, the voter shall mark |
| 1118 | that the voter's legal residence has changed to a location |
| 1119 | outside the state. The form shall also include information on |
| 1120 | how to register in the new state in order to be eligible to |
| 1121 | vote. The form must be returned within 30 days after the date of |
| 1122 | the notice. The completed form shall constitute a request to be |
| 1123 | removed from the statewide voter registration system. |
| 1124 | 2. If the voter has changed his or her address of legal |
| 1125 | residence to a location inside the state, the voter shall set |
| 1126 | forth the updated or corrected address and submit the return |
| 1127 | form within 30 days after the date of the notice. The completed |
| 1128 | form shall constitute a request to update the statewide voter |
| 1129 | registration system with the updated or corrected address |
| 1130 | information. |
| 1131 | 3. If the voter has not changed his or her address of |
| 1132 | legal residence as printed on the address confirmation notice, |
| 1133 | the voter shall confirm that his or her address of legal |
| 1134 | residence has not changed and submit the form within 30 days |
| 1135 | after the date of the notice. |
| 1136 | (c) The supervisor must designate as inactive all voters |
| 1137 | who have been sent an address confirmation notice and who have |
| 1138 | not returned the postage prepaid preaddressed return form within |
| 1139 | 30 days or for which an address confirmation notice has been |
| 1140 | returned as undeliverable. Names on the inactive list may not be |
| 1141 | used to calculate the number of signatures needed on any |
| 1142 | petition. A voter on the inactive list may be restored to the |
| 1143 | active list of voters upon the voter updating his or her |
| 1144 | registration, requesting an absentee ballot, or appearing to |
| 1145 | vote. However, if the voter does not update his or her voter |
| 1146 | registration information, request an absentee ballot, or vote by |
| 1147 | the second general election after being placed on the inactive |
| 1148 | list, the voter's name shall be removed from the statewide voter |
| 1149 | registration system and the voter shall be required to |
| 1150 | reregister to have his or her name restored to the statewide |
| 1151 | voter registration system. |
| 1152 | (5) A notice may not be issued pursuant to this section |
| 1153 | and a voter's name may not be removed from the statewide voter |
| 1154 | registration system later than 90 days prior to the date of a |
| 1155 | federal election. However, this section does not preclude the |
| 1156 | removal of the name of a voter from the statewide voter |
| 1157 | registration system at any time upon the voter's written |
| 1158 | request, by reason of the voter's death, or upon a determination |
| 1159 | of the voter's ineligibility as provided in s. 98.075(7). |
| 1160 | (6)(a) No later than July 31 and January 31 of each year, |
| 1161 | the supervisor must certify to the department the list |
| 1162 | maintenance activities conducted during the first 6 months and |
| 1163 | the second 6 months of the year, respectively, including the |
| 1164 | number of address confirmation requests sent, the number of |
| 1165 | voters designated as inactive, and the number of voters removed |
| 1166 | from the statewide voter registration system. |
| 1167 | (b) If, based on the certification provided pursuant to |
| 1168 | paragraph (a), the department determines that a supervisor has |
| 1169 | not conducted the list maintenance activities required by this |
| 1170 | section, the department shall conduct the appropriate list |
| 1171 | maintenance activities for that county. Failure to conduct list |
| 1172 | maintenance activities as required in this section constitutes a |
| 1173 | violation of s. 104.051. A voter's name may not be removed from |
| 1174 | the registration books later than 90 days prior to the date of a |
| 1175 | federal election. However, nothing in this section shall |
| 1176 | preclude the removal of the name of a voter from the voter |
| 1177 | registration books, at any time and without prior notification, |
| 1178 | upon the written request of the voter, by reason of conviction |
| 1179 | of the voter of a felony, by reason of adjudication of the voter |
| 1180 | as mentally incapacitated with respect to voting, by reason of |
| 1181 | the death of the voter, or upon a determination of ineligibility |
| 1182 | as provided in s. 98.075(3). |
| 1183 | (4) If the supervisor receives change-of-address |
| 1184 | information from the United States Postal Service or its |
| 1185 | licensees or from jury notices signed by the voter and returned |
| 1186 | to the courts, which indicates that: |
| 1187 | (a) The voter has moved within the supervisor's county, |
| 1188 | the supervisor must change the registration records to show the |
| 1189 | new address and must send the voter a notice of the change by |
| 1190 | forwardable mail, including a postage prepaid preaddressed |
| 1191 | return form with which the voter may verify or correct the |
| 1192 | address information. |
| 1193 | (b) The voter has moved outside the supervisor's county, |
| 1194 | or contains no forwarding address, the supervisor shall send an |
| 1195 | address confirmation final notice and remove the name of the |
| 1196 | voter from the registration record if that voter did not: |
| 1197 | 1. Return the postage prepaid preaddressed return form; |
| 1198 | 2. Appear to vote; |
| 1199 | 3. Change the voter's registration; or |
| 1200 | 4. Request an absentee ballot |
| 1201 |
|
| 1202 | during the period beginning on the date when the address |
| 1203 | confirmation final notice was sent and ending on the day after |
| 1204 | the date of the second general election thereafter. |
| 1205 | (5) The supervisor must designate as inactive all voters |
| 1206 | who have been sent an address confirmation final notice and who |
| 1207 | have not returned the postage prepaid preaddressed return form |
| 1208 | within 30 days. A voter on the inactive list must be allowed to |
| 1209 | vote and to change the voter's name or address of legal |
| 1210 | residence at the polls pursuant to s. 101.045. Names on the |
| 1211 | inactive list may not be used to calculate the number of |
| 1212 | signatures needed on any petition or the quantity of voting |
| 1213 | equipment needed. |
| 1214 | Section 20. Section 98.075, Florida Statutes, is amended |
| 1215 | to read: |
| 1216 | (Substantial rewording of section. See |
| 1217 | s. 98.075, F.S., for present text.) |
| 1218 | 98.075 Registration records maintenance activities; |
| 1219 | ineligibility determinations.-- |
| 1220 | (1) MAINTENANCE OF RECORDS.--The department shall protect |
| 1221 | the integrity of the electoral process by ensuring the |
| 1222 | maintenance of accurate and current voter registration records. |
| 1223 | List maintenance activities must be uniform, nondiscriminatory, |
| 1224 | and in compliance with the Voting Rights Act of 1965, the |
| 1225 | National Voter Registration Act of 1993, and the Help America |
| 1226 | Vote Act of 2002. The department may adopt by rule uniform |
| 1227 | standards and procedures to interpret and administer this |
| 1228 | section. |
| 1229 | (2) DUPLICATE REGISTRATION.--The department shall identify |
| 1230 | those voters who are registered more than once or those |
| 1231 | applicants whose registration applications would result in |
| 1232 | duplicate registrations. The most recent application shall be |
| 1233 | deemed an update to the voter registration record. |
| 1234 | (3) DECEASED PERSONS.--The department shall identify those |
| 1235 | registered voters who are deceased by comparing information on |
| 1236 | the lists of deceased persons received from the Department of |
| 1237 | Health as provided in s. 98.093. Upon receipt of such |
| 1238 | information through the statewide voter registration system, the |
| 1239 | supervisor shall remove the name of the registered voter. |
| 1240 | (4) ADJUDICATION OF MENTAL INCAPACITY.--The department |
| 1241 | shall identify those registered voters who have been adjudicated |
| 1242 | mentally incapacitated with respect to voting and who have not |
| 1243 | had their voting rights restored by comparing information |
| 1244 | received from the clerk of the circuit court as provided in s. |
| 1245 | 98.093. The department shall review such information and make an |
| 1246 | initial determination as to whether the information is credible |
| 1247 | and reliable. If the department determines that the information |
| 1248 | is credible and reliable, the department shall notify the |
| 1249 | supervisor and provide a copy of the supporting documentation |
| 1250 | indicating the potential ineligibility of the voter to be |
| 1251 | registered. Upon receipt of the notice that the department has |
| 1252 | made a determination of initial credibility and reliability, the |
| 1253 | supervisor shall adhere to the procedures set forth in |
| 1254 | subsection (7) prior to the removal of a registered voter from |
| 1255 | the statewide voter registration system. |
| 1256 | (5) FELONY CONVICTION.--The department shall identify |
| 1257 | those registered voters who have been convicted of a felony and |
| 1258 | whose rights have not been restored by comparing information |
| 1259 | received from, but not limited to, a clerk of the circuit court, |
| 1260 | the Board of Executive Clemency, the Department of Corrections, |
| 1261 | the Department of Law Enforcement, or a United States Attorney's |
| 1262 | Office, as provided in s. 98.093. The department shall review |
| 1263 | such information and make an initial determination as to whether |
| 1264 | the information is credible and reliable. If the department |
| 1265 | determines that the information is credible and reliable, the |
| 1266 | department shall notify the supervisor and provide a copy of the |
| 1267 | supporting documentation indicating the potential ineligibility |
| 1268 | of the voter to be registered. Upon receipt of the notice that |
| 1269 | the department has made a determination of initial credibility |
| 1270 | and reliability, the supervisor shall adhere to the procedures |
| 1271 | set forth in subsection (7) prior to the removal of a registered |
| 1272 | voter's name from the statewide voter registration system. |
| 1273 | (6) OTHER BASES FOR INELIGIBILITY.--If the department or |
| 1274 | supervisor receives information other than from the sources |
| 1275 | identified in subsections (2)-(5) that a registered voter does |
| 1276 | not meet the age requirement pursuant to s. 97.041, is not a |
| 1277 | United States citizen, is a fictitious person, or has listed a |
| 1278 | residence that is not his or her legal residence, the supervisor |
| 1279 | shall adhere to the procedures set forth in subsection (7) prior |
| 1280 | to the removal of a registered voter's name from the statewide |
| 1281 | voter registration system. |
| 1282 | (7) PROCEDURES FOR REMOVAL.-- |
| 1283 | (a) If the supervisor receives notice or information |
| 1284 | pursuant to subsections (4)-(6), the supervisor of the county in |
| 1285 | which the voter is registered shall: |
| 1286 | 1. Notify the registered voter of his or her potential |
| 1287 | ineligibility by mail within 7 days after receipt of notice or |
| 1288 | information. The notice shall include: |
| 1289 | a. A statement of the basis for the registered voter's |
| 1290 | potential ineligibility and a copy of any documentation upon |
| 1291 | which the potential ineligibility is based. |
| 1292 | b. A statement that failure to respond within 30 days |
| 1293 | after receipt of the notice may result in a determination of |
| 1294 | ineligibility and in removal of the registered voter's name from |
| 1295 | the statewide voter registration system. |
| 1296 | c. A return form that requires the registered voter to |
| 1297 | admit or deny the accuracy of the information underlying the |
| 1298 | potential ineligibility for purposes of a final determination by |
| 1299 | the supervisor. |
| 1300 | d. A statement that, if the voter is denying the accuracy |
| 1301 | of the information underlying the potential ineligibility, the |
| 1302 | voter has a right to request a hearing for the purpose of |
| 1303 | determining eligibility. |
| 1304 | e. Instructions for the registered voter to contact the |
| 1305 | supervisor of elections of the county in which the voter is |
| 1306 | registered if assistance is needed in resolving the matter. |
| 1307 | f. Instructions for seeking restoration of civil rights |
| 1308 | following a felony conviction, if applicable. |
| 1309 | 2. If the mailed notice is returned as undeliverable, the |
| 1310 | supervisor shall publish notice once in a newspaper of general |
| 1311 | circulation in the county in which the voter was last |
| 1312 | registered. The notice shall contain the following: |
| 1313 | a. The voter's name and address. |
| 1314 | b. A statement that the voter is potentially ineligible to |
| 1315 | be registered to vote. |
| 1316 | c. A statement that failure to respond within 30 days |
| 1317 | after the notice is published may result in a determination of |
| 1318 | ineligibility by the supervisor and removal of the registered |
| 1319 | voter's name from the statewide voter registration system. |
| 1320 | d. An instruction for the voter to contact the supervisor |
| 1321 | no later than 30 days after the date of the published notice to |
| 1322 | receive information regarding the basis for the potential |
| 1323 | ineligibility and the procedure to resolve the matter. |
| 1324 | e. An instruction to the voter that, if further assistance |
| 1325 | is needed, the voter should contact the supervisor of elections |
| 1326 | of the county in which the voter is registered. |
| 1327 | 3. If a registered voter fails to respond to a notice |
| 1328 | pursuant to subparagraph 1. or subparagraph 2., the supervisor |
| 1329 | shall make a final determination of the voter's eligibility. If |
| 1330 | the supervisor determines that the voter is ineligible, the |
| 1331 | supervisor shall remove the name of the registered voter from |
| 1332 | the statewide voter registration system. The supervisor shall |
| 1333 | notify the registered voter of the supervisor's determination |
| 1334 | and action. |
| 1335 | 4. If a registered voter responds to the notice pursuant |
| 1336 | to subparagraph 1. or subparagraph 2. and admits the accuracy of |
| 1337 | the information underlying the potential ineligibility, the |
| 1338 | supervisor shall make a final determination of ineligibility and |
| 1339 | shall remove the voter's name from the statewide voter |
| 1340 | registration system. The supervisor shall notify the registered |
| 1341 | voter of the supervisor's determination and action. |
| 1342 | 5. If a registered voter responds to the notice issued |
| 1343 | pursuant to subparagraph 1. or subparagraph 2. and denies the |
| 1344 | accuracy of the information underlying the potential |
| 1345 | ineligibility but does not request a hearing, the supervisor |
| 1346 | shall review the evidence and make a final determination of |
| 1347 | eligibility. If such registered voter requests a hearing, the |
| 1348 | supervisor shall send notice to the registered voter to attend a |
| 1349 | hearing at a time and place specified in the notice. Upon |
| 1350 | hearing all evidence presented at the hearing, the supervisor |
| 1351 | shall make a determination of eligibility. If the supervisor |
| 1352 | determines that the registered voter is ineligible, the |
| 1353 | supervisor shall remove the voter's name from the statewide |
| 1354 | voter registration system and notify the registered voter of the |
| 1355 | supervisor's determination and action. |
| 1356 | (b) The following shall apply to this subsection: |
| 1357 | 1. All determinations of eligibility shall be based on a |
| 1358 | preponderance of the evidence. |
| 1359 | 2. All proceedings are exempt from the provisions of |
| 1360 | chapter 120. |
| 1361 | 3. Any notice shall be sent to the registered voter by |
| 1362 | certified mail, return receipt requested, or other means that |
| 1363 | provides a verification of receipt or shall be published in a |
| 1364 | newspaper of general circulation where the voter was last |
| 1365 | registered, whichever is applicable. |
| 1366 | 4. The supervisor shall remove the name of any registered |
| 1367 | voter from the statewide voter registration system only after |
| 1368 | the supervisor makes a final determination that the voter is |
| 1369 | ineligible to vote. |
| 1370 | 5. Any voter whose name has been removed from the |
| 1371 | statewide voter registration system pursuant to a determination |
| 1372 | of ineligibility may appeal that determination under the |
| 1373 | provisions of s. 98.0755. |
| 1374 | 6. Any voter whose name was removed from the statewide |
| 1375 | voter registration system on the basis of a determination of |
| 1376 | ineligibility who subsequently becomes eligible to vote must |
| 1377 | reregister in order to have his or her name restored to the |
| 1378 | statewide voter registration system. |
| 1379 | (8) CERTIFICATION.-- |
| 1380 | (a) No later than July 31 and January 31 of each year, the |
| 1381 | supervisor shall certify to the department the activities |
| 1382 | conducted pursuant to this section during the first 6 months and |
| 1383 | the second 6 months of the year, respectively. The certification |
| 1384 | shall include the number of persons to whom notices were sent |
| 1385 | pursuant to subsection (7), the number of persons who responded |
| 1386 | to the notices, the number of notices returned as undeliverable, |
| 1387 | the number of notices published in the newspaper, the number of |
| 1388 | hearings conducted, and the number of persons removed from the |
| 1389 | statewide voter registration systems and the reasons for such |
| 1390 | removals. |
| 1391 | (b) If, based on the certification provided pursuant to |
| 1392 | paragraph (a), the department determines that a supervisor has |
| 1393 | not satisfied the requirements of this section, the department |
| 1394 | shall satisfy the appropriate requirements for that county. |
| 1395 | Failure to satisfy the requirements of this section shall |
| 1396 | constitute a violation of s. 104.051. |
| 1397 | Section 21. Section 98.0755, Florida Statutes, is created |
| 1398 | to read: |
| 1399 | 98.0755 Appeal of determination of ineligibility.--Appeal |
| 1400 | of the supervisor's determination of ineligibility pursuant to |
| 1401 | s. 98.075(7) may be taken to the circuit court in and for the |
| 1402 | county where the person was registered. Notice of appeal must be |
| 1403 | filed within the time and in the manner provided by the Florida |
| 1404 | Rules of Appellate Procedure and acts as supersedeas. Trial in |
| 1405 | the circuit court is de novo and governed by the rules of that |
| 1406 | court. Unless the person can show that his or her name was |
| 1407 | erroneously or illegally removed from the statewide voter |
| 1408 | registration system, or that he or she is indigent, the person |
| 1409 | must bear the costs of the trial in the circuit court. |
| 1410 | Otherwise, the cost of the appeal must be paid by the supervisor |
| 1411 | of elections. |
| 1412 | Section 22. Section 98.077, Florida Statutes, is amended |
| 1413 | to read: |
| 1414 | 98.077 Update of voter signature.-- |
| 1415 | (1) A registered voter may update his or her signature on |
| 1416 | file in the statewide voter registration system at any time |
| 1417 | using a voter registration application submitted to a voter |
| 1418 | registration official. |
| 1419 | (2) The department and supervisors supervisor of elections |
| 1420 | shall include in any correspondence, other than postcard |
| 1421 | notifications and notices relating to eligibility, sent to a |
| 1422 | provide to each registered voter information regarding of the |
| 1423 | county the opportunity to update his or her signature on file at |
| 1424 | the supervisor's office by providing notification of the ability |
| 1425 | to do so in any correspondence, other than postcard |
| 1426 | notifications, sent to the voter. The notice shall advise when, |
| 1427 | where, and how to update the voter's signature and shall provide |
| 1428 | the voter information on how to obtain a voter registration |
| 1429 | application form from a voter registration official which the |
| 1430 | supervisor that can be returned to update the signature. |
| 1431 | (3) In addition, At least once during each general |
| 1432 | election year, the supervisor shall publish in a newspaper of |
| 1433 | general circulation or other newspaper in the county deemed |
| 1434 | appropriate by the supervisor a notice specifying when, where, |
| 1435 | or how a voter can update his or her signature that is on file |
| 1436 | and or how a voter can obtain a voter registration application |
| 1437 | form from a voter registration official the supervisor to do so. |
| 1438 | (4) All signature updates for use in verifying absentee |
| 1439 | and provisional ballots must be received by the appropriate |
| 1440 | supervisor of elections no later than the start of the |
| 1441 | canvassing of absentee ballots by the canvassing board. The |
| 1442 | signature on file at the start of the canvass of the absentees |
| 1443 | is the signature that shall be used in verifying the signature |
| 1444 | on the absentee and provisional ballot certificates. |
| 1445 | Section 23. Section 98.081, Florida Statutes, is amended |
| 1446 | to read: |
| 1447 | 98.081 Names removed from the statewide voter registration |
| 1448 | system books; restrictions on reregistering; recordkeeping; |
| 1449 | restoration of erroneously or illegally removed names.-- |
| 1450 | (1) Any person who requested that his or her name be |
| 1451 | removed from the statewide voter registration system books |
| 1452 | between the book-closing date of the first primary and the date |
| 1453 | of the second primary may not register in a different political |
| 1454 | party until after the date of the second primary election. |
| 1455 | (2) When the name of any elector is removed from the |
| 1456 | statewide voter registration system books pursuant to s. 98.065 |
| 1457 | or, s. 98.075, or s. 98.093, the elector's original registration |
| 1458 | application form shall be retained by the supervisor of |
| 1459 | elections having custody of the application filed alphabetically |
| 1460 | in the office of the supervisor. As alternatives, registrations |
| 1461 | removed from the statewide voter registration system books may |
| 1462 | be microfilmed and such microfilms substituted for the original |
| 1463 | registration applications forms; or, when voter registration |
| 1464 | information, including the voter's signature, is maintained |
| 1465 | digitally or on electronic, magnetic, or optic media, such |
| 1466 | stored information may be substituted for the original |
| 1467 | registration application form. Such microfilms or stored |
| 1468 | information shall be retained by the supervisor of elections |
| 1469 | having in the custody of the supervisor. In the event the |
| 1470 | original registration applications forms are microfilmed or |
| 1471 | maintained digitally or on electronic or other media, such |
| 1472 | originals may be destroyed in accordance with the schedule |
| 1473 | approved by the Bureau of Archives and Records Management of the |
| 1474 | Division of Library and Information Services of the department. |
| 1475 | (3) When the name of any elector has been erroneously or |
| 1476 | illegally removed from the statewide voter registration system |
| 1477 | books, the name of the elector shall be restored by a voter |
| 1478 | registration official the supervisor upon satisfactory proof, |
| 1479 | even though the registration period for that election is closed. |
| 1480 | Section 24. Section 98.093, Florida Statutes, is amended |
| 1481 | to read: |
| 1482 | 98.093 Duty of officials to furnish lists of deceased |
| 1483 | persons, persons adjudicated mentally incapacitated, and persons |
| 1484 | convicted of a felony.-- |
| 1485 | (1) In order to ensure the maintenance of accurate and |
| 1486 | current voter registration records, it is necessary for the |
| 1487 | department to receive certain information from state and federal |
| 1488 | officials and entities. The department and supervisors of |
| 1489 | elections shall use the information provided from the sources in |
| 1490 | subsection (2) to maintain the voter registration records. |
| 1491 | (2) To the maximum extent feasible, state and local |
| 1492 | government agencies shall facilitate provision of information |
| 1493 | and access to data to the department, including, but not limited |
| 1494 | to, databases that contain reliable criminal records and records |
| 1495 | of deceased persons. State and local government agencies that |
| 1496 | provide such data shall do so without charge if the direct cost |
| 1497 | incurred by those agencies is not significant. |
| 1498 | (a) The Department of Health shall furnish monthly to the |
| 1499 | department each supervisor of elections a list containing the |
| 1500 | name, address, date of birth, date of death, social security |
| 1501 | number, race, and sex of each deceased person 17 years of age or |
| 1502 | older who was a resident of such supervisor's county. |
| 1503 | (b)(2) Each clerk of the circuit court shall furnish |
| 1504 | monthly to the department, at least once each month, deliver to |
| 1505 | each supervisor of elections a list of those persons who have |
| 1506 | been adjudicated mentally incapacitated with respect to voting |
| 1507 | during the preceding calendar month, a list of those persons |
| 1508 | whose mental capacity with respect to voting has been restored |
| 1509 | during the preceding calendar month, and a list of those persons |
| 1510 | who have returned signed jury notices during the preceding |
| 1511 | months to the clerk of the circuit court indicating a change of |
| 1512 | address. Each list shall include stating the name, address, date |
| 1513 | of birth, race, and sex, and, whichever is available, the |
| 1514 | Florida driver's license number, Florida identification card |
| 1515 | number, or social security number of each such person convicted |
| 1516 | of a felony during the preceding calendar month who was a |
| 1517 | resident of that supervisor's county, a list stating the name, |
| 1518 | address, date of birth, race, and sex of each person adjudicated |
| 1519 | mentally incapacitated with respect to voting during the |
| 1520 | preceding calendar month who was a resident of that supervisor's |
| 1521 | county, and a list stating the name, address, date of birth, |
| 1522 | race, and sex of each person whose mental capacity with respect |
| 1523 | to voting has been restored who was a resident of that |
| 1524 | supervisor's county. |
| 1525 | (c)(3) Upon receipt of information from the United States |
| 1526 | Attorney, listing persons convicted of a felony in federal |
| 1527 | court, the department shall use such information to identify |
| 1528 | registered voters or applicants for voter registration who may |
| 1529 | be potentially ineligible based on information provided in |
| 1530 | accordance with s. 98.075 immediately forward such information |
| 1531 | to the supervisor of elections for the county where the offender |
| 1532 | resides. |
| 1533 | (d) The Department of Law Enforcement shall identify those |
| 1534 | persons who have been convicted of a felony who appear in the |
| 1535 | voter registration records supplied by the statewide voter |
| 1536 | registration system, in a time and manner that enables the |
| 1537 | department to meet its obligations under state and federal law. |
| 1538 | (e) The Board of Executive Clemency shall furnish monthly |
| 1539 | to the department a list of those persons granted clemency in |
| 1540 | the preceding month or any updates to prior records which have |
| 1541 | occurred in the preceding month. The list shall contain the |
| 1542 | Board of Executive Clemency case number, name, address, date of |
| 1543 | birth, race, sex, social security number, if available, and |
| 1544 | references to record identifiers assigned by the Department of |
| 1545 | Corrections, a unique identifier of each clemency case, and the |
| 1546 | effective date of clemency of each person. |
| 1547 | (f) The Department of Corrections shall furnish monthly to |
| 1548 | the department a list of those persons transferred to the |
| 1549 | Department of Corrections in the preceding month or any updates |
| 1550 | to prior records which have occurred in the preceding month. The |
| 1551 | list shall contain the name, address, date of birth, race, sex, |
| 1552 | social security number, Department of Corrections record |
| 1553 | identification number, and associated Department of Law |
| 1554 | Enforcement felony conviction record number of each person. |
| 1555 | (g) The Department of Highway Safety and Motor Vehicles |
| 1556 | shall furnish monthly to the department a list of those persons |
| 1557 | whose names have been removed from the driver's license database |
| 1558 | because they have been licensed in another state. The list shall |
| 1559 | contain the name, address, date of birth, sex, social security |
| 1560 | number, and driver's license number of each such person. |
| 1561 | (4) Upon receipt of any such list, the supervisor shall |
| 1562 | remove from the registration books the name of any person listed |
| 1563 | who is deceased, convicted of a felony, or adjudicated mentally |
| 1564 | incapacitated with respect to voting. A person who has had his |
| 1565 | or her mental capacity with respect to voting restored or who |
| 1566 | has had his or her right to vote restored after conviction of a |
| 1567 | felony shall be required to reregister to have his or her name |
| 1568 | restored to the registration books. |
| 1569 | (3)(5) Nothing in this section shall limit or restrict the |
| 1570 | supervisor in his or her duty to remove the names of such |
| 1571 | persons from the statewide voter registration system pursuant to |
| 1572 | s. 98.075(7) based upon books after verification of information |
| 1573 | received from other sources. |
| 1574 | Section 25. Effective August 1, 2006, section 98.0981, |
| 1575 | Florida Statutes, is created to read: |
| 1576 | 98.0981 Statewide voter registration database.--Within 75 |
| 1577 | days after a general election or within 15 days after all |
| 1578 | supervisors of elections have updated voter history information, |
| 1579 | whichever occurs later, the department shall send to the |
| 1580 | President of the Senate, the Speaker of the House of |
| 1581 | Representatives, the Senate Minority Leader, and the House |
| 1582 | Minority Leader a report in electronic format of all voters |
| 1583 | qualified to vote in the election or primary. The report shall |
| 1584 | include for each voter the code used by the department to |
| 1585 | uniquely identify the voter; all information provided in the |
| 1586 | uniform statewide voter registration application pursuant to s. |
| 1587 | 97.052(2), except what is specifically identified as |
| 1588 | confidential or exempt from public-records requirements; the |
| 1589 | date of registration; the representative district, senatorial |
| 1590 | district, congressional district, and precinct in which the |
| 1591 | voter resides; and whether the voter voted at the precinct |
| 1592 | location, voted by early vote, voted by absentee ballot, |
| 1593 | attempted to vote by absentee ballot that was not counted, |
| 1594 | attempted to vote by provisional ballot that was not counted, or |
| 1595 | did not vote. |
| 1596 | Section 26. Section 98.212, Florida Statutes, is amended |
| 1597 | to read: |
| 1598 | 98.212 Department and supervisors to furnish statistical |
| 1599 | and other information.-- |
| 1600 | (1)(a) Upon written request, the department and any |
| 1601 | supervisor of the respective counties supervisors shall, as |
| 1602 | promptly as possible, furnish to recognized public or private |
| 1603 | universities and senior colleges within the state, to state or |
| 1604 | county governmental agencies, and to recognized political party |
| 1605 | committees statistical information for the purpose of analyzing |
| 1606 | election returns and results. |
| 1607 | (b) The department and any supervisor Supervisors may |
| 1608 | require reimbursement for any part or all of the actual expenses |
| 1609 | of supplying any information requested under paragraph (a). For |
| 1610 | the purposes of this subsection, the department and supervisors |
| 1611 | may use the services of any research and statistical personnel |
| 1612 | that may be supplied. |
| 1613 | (c) Lists of names submitted to the department and any |
| 1614 | supervisor of the respective counties supervisors for indication |
| 1615 | of registration or nonregistration or of party affiliation shall |
| 1616 | be processed at any time at cost, except that in no case shall |
| 1617 | the charge exceed 10 cents for each name on which the |
| 1618 | information is furnished. |
| 1619 | (2) The supervisors shall provide information as requested |
| 1620 | by the department for program evaluation and reporting to the |
| 1621 | Federal Election Assistance Commission pursuant to federal law |
| 1622 | the National Voter Registration Act of 1993. |
| 1623 | Section 27. Section 98.461, Florida Statutes, is amended |
| 1624 | to read: |
| 1625 | 98.461 Registration application form, precinct register; |
| 1626 | contents.-- |
| 1627 | (1) A registration application form, approved by the |
| 1628 | Department of State, containing the information required in s. |
| 1629 | 97.052 shall be retained by the supervisor of elections of the |
| 1630 | county of the applicant's registration filed alphabetically in |
| 1631 | the office of the supervisor as the master list of electors of |
| 1632 | the county. However, the registration application forms may be |
| 1633 | microfilmed and such microfilm microfilms substituted for the |
| 1634 | original registration application forms; or, when voter |
| 1635 | registration information, including the voter's signature, is |
| 1636 | maintained digitally or on electronic, magnetic, or optic media, |
| 1637 | such stored information may be substituted for the original |
| 1638 | registration application form. Such microfilms or stored |
| 1639 | information shall be retained in the custody of the supervisor |
| 1640 | of elections of the county of the applicant's registration. In |
| 1641 | the event the original registration applications forms are |
| 1642 | microfilmed or maintained digitally or on electronic or other |
| 1643 | media, such originals may be destroyed in accordance with the |
| 1644 | schedule approved by the Bureau of Archives and Records |
| 1645 | Management of the Division of Library and Information Services |
| 1646 | of the Department of State. As an alternative, the information |
| 1647 | from the registration form, including the signature, may be |
| 1648 | electronically reproduced and stored as provided in s. 98.451. |
| 1649 | (2) A computer printout or electronic database shall be |
| 1650 | used at the polls as a precinct register in lieu of the |
| 1651 | registration books. The precinct register shall contain the date |
| 1652 | of the election, the precinct number, and the following |
| 1653 | information concerning each registered elector: last name, first |
| 1654 | name, and middle name or initial, and suffix; party affiliation; |
| 1655 | residence address; registration number; date of birth; sex, if |
| 1656 | provided; race, if provided; whether the voter needs assistance |
| 1657 | in voting; and such other additional information as to readily |
| 1658 | identify the elector. The precinct register shall also contain a |
| 1659 | space for the elector's signature and a space for the initials |
| 1660 | of the witnessing clerk or inspector or an electronic device may |
| 1661 | be provided for this purpose. |
| 1662 | Section 28. Effective January 1, 2007, section 100.371, |
| 1663 | Florida Statutes, as amended by section 9 of chapter 2002-281, |
| 1664 | Laws of Florida, is amended to read: |
| 1665 | 100.371 Initiatives; procedure for placement on ballot.-- |
| 1666 | (1) Constitutional amendments proposed by initiative shall |
| 1667 | be placed on the ballot for the general election provided the |
| 1668 | initiative has been filed with occurring in excess of 90 days |
| 1669 | from the certification of ballot position by the Secretary of |
| 1670 | State no later than February 1 of the year the general election |
| 1671 | is held. A petition shall be deemed to be filed with the |
| 1672 | Secretary of State upon the date the secretary determines that |
| 1673 | the petition has been signed by the constitutionally required |
| 1674 | number of electors. |
| 1675 | (2) Such certification shall be issued when the Secretary |
| 1676 | of State has received verification certificates from the |
| 1677 | supervisors of elections indicating that the requisite number |
| 1678 | and distribution of valid signatures of electors have been |
| 1679 | submitted to and verified by the supervisors. Every signature |
| 1680 | shall be dated when made and shall be valid for a period of 4 |
| 1681 | years following such date, provided all other requirements of |
| 1682 | law are complied with. |
| 1683 | (2)(3) The sponsor of an initiative amendment shall, prior |
| 1684 | to obtaining any signatures, register as a political committee |
| 1685 | pursuant to s. 106.03 and submit the text of the proposed |
| 1686 | amendment to the Secretary of State, with the form on which the |
| 1687 | signatures will be affixed, and shall obtain the approval of the |
| 1688 | Secretary of State of such form. The Secretary of State shall |
| 1689 | adopt rules pursuant to s. 120.54 prescribing the style and |
| 1690 | requirements of such form. Upon filing with the Secretary of |
| 1691 | State, the text of the proposed amendment and all forms filed in |
| 1692 | connection with this section must, upon request, be made |
| 1693 | available in alternative formats. |
| 1694 | (3)(4) Each signature shall be dated when made and shall |
| 1695 | be valid for a period of 4 years following such date, provided |
| 1696 | all other requirements of law are met. The sponsor shall submit |
| 1697 | signed and dated forms to the appropriate supervisor of |
| 1698 | elections for verification as to the number of registered |
| 1699 | electors whose valid signatures appear thereon. The supervisor |
| 1700 | shall promptly verify the signatures upon payment of the fee |
| 1701 | required by s. 99.097. The supervisor shall promptly record each |
| 1702 | valid signature in the statewide voter registration system in |
| 1703 | the manner prescribed by the Secretary of State. Upon completion |
| 1704 | of verification, the supervisor shall execute a certificate |
| 1705 | indicating the total number of signatures checked, the number of |
| 1706 | signatures verified as valid and as being of registered |
| 1707 | electors, and the distribution by congressional district. This |
| 1708 | certificate shall be immediately transmitted to the Secretary of |
| 1709 | State. The supervisor shall retain the signature forms for at |
| 1710 | least 1 year following the election in which the issue appeared |
| 1711 | on the ballot or until the Division of Elections notifies the |
| 1712 | supervisors of elections that the committee which circulated the |
| 1713 | petition is no longer seeking to obtain ballot position. |
| 1714 | (4)(5) The Secretary of State shall determine from the |
| 1715 | signatures verified by the verification certificates received |
| 1716 | from supervisors of elections and recorded in the statewide |
| 1717 | voter registration system the total number of verified valid |
| 1718 | signatures and the distribution of such signatures by |
| 1719 | congressional districts. Upon a determination that the requisite |
| 1720 | number and distribution of valid signatures have been obtained, |
| 1721 | the secretary shall issue a certificate of ballot position for |
| 1722 | that proposed amendment and shall assign a designating number |
| 1723 | pursuant to s. 101.161. A petition shall be deemed to be filed |
| 1724 | with the Secretary of State upon the date of the receipt by the |
| 1725 | secretary of a certificate or certificates from supervisors of |
| 1726 | elections indicating the petition has been signed by the |
| 1727 | constitutionally required number of electors. |
| 1728 | (5)(6)(a) Within 45 days after receipt of a proposed |
| 1729 | revision or amendment to the State Constitution by initiative |
| 1730 | petition from the Secretary of State or, within 30 days after |
| 1731 | such receipt if receipt occurs 120 days or less before the |
| 1732 | election at which the question of ratifying the amendment will |
| 1733 | be presented, the Financial Impact Estimating Conference shall |
| 1734 | complete an analysis and financial impact statement to be placed |
| 1735 | on the ballot of the estimated increase or decrease in any |
| 1736 | revenues or costs to state or local governments resulting from |
| 1737 | the proposed initiative. The Financial Impact Estimating |
| 1738 | Conference shall submit the financial impact statement to the |
| 1739 | Attorney General and Secretary of State. |
| 1740 | (b)1. The Financial Impact Estimating Conference shall |
| 1741 | provide an opportunity for any proponents or opponents of the |
| 1742 | initiative to submit information and may solicit information or |
| 1743 | analysis from any other entities or agencies, including the |
| 1744 | Office of Economic and Demographic Research. All meetings of the |
| 1745 | Financial Impact Estimating Conference shall be open to the |
| 1746 | public as provided in chapter 286. |
| 1747 | 2. The Financial Impact Estimating Conference is |
| 1748 | established to review, analyze, and estimate the financial |
| 1749 | impact of amendments to or revisions of the State Constitution |
| 1750 | proposed by initiative. The Financial Impact Estimating |
| 1751 | Conference shall consist of four principals: one person from the |
| 1752 | Executive Office of the Governor; the coordinator of the Office |
| 1753 | of Economic and Demographic Research, or his or her designee; |
| 1754 | one person from the professional staff of the Senate; and one |
| 1755 | person from the professional staff of the House of |
| 1756 | Representatives. Each principal shall have appropriate fiscal |
| 1757 | expertise in the subject matter of the initiative. A Financial |
| 1758 | Impact Estimating Conference may be appointed for each |
| 1759 | initiative. |
| 1760 | 3. Principals of the Financial Impact Estimating |
| 1761 | Conference shall reach a consensus or majority concurrence on a |
| 1762 | clear and unambiguous financial impact statement, no more than |
| 1763 | 75 words in length, and immediately submit the statement to the |
| 1764 | Attorney General. Nothing in this subsection prohibits the |
| 1765 | Financial Impact Estimating Conference from setting forth a |
| 1766 | range of potential impacts in the financial impact statement. |
| 1767 | Any financial impact statement that a court finds not to be in |
| 1768 | accordance with this section shall be remanded solely to the |
| 1769 | Financial Impact Estimating Conference for redrafting. The |
| 1770 | Financial Impact Estimating Conference shall redraft the |
| 1771 | financial impact statement within 15 days. |
| 1772 | 4. If the members of the Financial Impact Estimating |
| 1773 | Conference are unable to agree on the statement required by this |
| 1774 | subsection, or if the Supreme Court has rejected the initial |
| 1775 | submission by the Financial Impact Estimating Conference and no |
| 1776 | redraft has been approved by the Supreme Court by 5 p.m. on the |
| 1777 | 75th day before the election, the following statement shall |
| 1778 | appear on the ballot pursuant to s. 101.161(1): "The financial |
| 1779 | impact of this measure, if any, cannot be reasonably determined |
| 1780 | at this time." |
| 1781 | (c) The financial impact statement must be separately |
| 1782 | contained and be set forth after the ballot summary as required |
| 1783 | in s. 101.161(1). |
| 1784 | (d)1. Any financial impact statement that the Supreme |
| 1785 | Court finds not to be in accordance with this subsection shall |
| 1786 | be remanded solely to the Financial Impact Estimating Conference |
| 1787 | for redrafting, provided the court's advisory opinion is |
| 1788 | rendered at least 75 days before the election at which the |
| 1789 | question of ratifying the amendment will be presented. The |
| 1790 | Financial Impact Estimating Conference shall prepare and adopt a |
| 1791 | revised financial impact statement no later than 5 p.m. on the |
| 1792 | 15th day after the date of the court's opinion. |
| 1793 | 2. If, by 5 p.m. on the 75th day before the election, the |
| 1794 | Supreme Court has not issued an advisory opinion on the initial |
| 1795 | financial impact statement prepared by the Financial Impact |
| 1796 | Estimating Conference for an initiative amendment that otherwise |
| 1797 | meets the legal requirements for ballot placement, the financial |
| 1798 | impact statement shall be deemed approved for placement on the |
| 1799 | ballot. |
| 1800 | 3. In addition to the financial impact statement required |
| 1801 | by this subsection, the Financial Impact Estimating Conference |
| 1802 | shall draft an initiative financial information statement. The |
| 1803 | initiative financial information statement should describe in |
| 1804 | greater detail than the financial impact statement any projected |
| 1805 | increase or decrease in revenues or costs that the state or |
| 1806 | local governments would likely experience if the ballot measure |
| 1807 | were approved. If appropriate, the initiative financial |
| 1808 | information statement may include both estimated dollar amounts |
| 1809 | and a description placing the estimated dollar amounts into |
| 1810 | context. The initiative financial information statement must |
| 1811 | include both a summary of not more than 500 words and additional |
| 1812 | detailed information that includes the assumptions that were |
| 1813 | made to develop the financial impacts, workpapers, and any other |
| 1814 | information deemed relevant by the Financial Impact Estimating |
| 1815 | Conference. |
| 1816 | 4. The Department of State shall have printed, and shall |
| 1817 | furnish to each supervisor of elections, a copy of the summary |
| 1818 | from the initiative financial information statements. The |
| 1819 | supervisors shall have the summary from the initiative financial |
| 1820 | information statements available at each polling place and at |
| 1821 | the main office of the supervisor of elections upon request. |
| 1822 | 5. The Secretary of State and the Office of Economic and |
| 1823 | Demographic Research shall make available on the Internet each |
| 1824 | initiative financial information statement in its entirety. In |
| 1825 | addition, each supervisor of elections whose office has a |
| 1826 | website shall post the summary from each initiative financial |
| 1827 | information statement on the website. Each supervisor shall |
| 1828 | include the Internet addresses for the information statements on |
| 1829 | the Secretary of State's and the Office of Economic and |
| 1830 | Demographic Research's websites in the publication or mailing |
| 1831 | required by s. 101.20. |
| 1832 | (6)(7) The Department of State may adopt rules in |
| 1833 | accordance with s. 120.54 to carry out the provisions of |
| 1834 | subsections (1)-(5) (1)-(6). |
| 1835 | Section 29. Subsection (3) of section 101.001, Florida |
| 1836 | Statutes, is amended to read: |
| 1837 | 101.001 Precincts and polling places; boundaries.-- |
| 1838 | (3)(a) Each supervisor of elections shall maintain a |
| 1839 | suitable map drawn to a scale no smaller than 3 miles to the |
| 1840 | inch and clearly delineating all major observable features such |
| 1841 | as roads, streams, and railway lines and showing the current |
| 1842 | geographical boundaries of each precinct, representative |
| 1843 | district, and senatorial district, and other type of district in |
| 1844 | the county subject to the elections process in this code. |
| 1845 | (b) The supervisor of elections shall notify the Secretary |
| 1846 | of State in writing within 30 days after of any reorganization |
| 1847 | of precincts and shall furnish a copy of the map showing the |
| 1848 | current geographical boundaries and designation of each new |
| 1849 | precinct. However, if precincts are composed of whole census |
| 1850 | blocks, the supervisor may furnish, in lieu of a copy of the |
| 1851 | map, a list, in an electronic format prescribed by the |
| 1852 | Department of State, associating each census block in the county |
| 1853 | with its precinct. |
| 1854 | (c) Any precinct established or altered under the |
| 1855 | provisions of this section shall consist of areas bounded on all |
| 1856 | sides only by: |
| 1857 | 1. Census block boundaries from the most recent United |
| 1858 | States Census; |
| 1859 | 2. Governmental unit boundaries reported in the most |
| 1860 | recent Boundary and Annexation Survey published by the United |
| 1861 | States Census Bureau; |
| 1862 | 3. Visible features that are readily distinguishable upon |
| 1863 | the ground, such as streets, railroads, tracks, streams, and |
| 1864 | lakes, and that are indicated upon current census maps, official |
| 1865 | Department of Transportation maps, official municipal maps, |
| 1866 | official county maps, or a combination of such maps; |
| 1867 | 4. Boundaries of public parks, public school grounds, or |
| 1868 | churches; or |
| 1869 | 5. Boundaries of counties, incorporated municipalities, or |
| 1870 | other political subdivisions that meet criteria established by |
| 1871 | the United States Census Bureau for block boundaries. |
| 1872 | (d) Until July 1, 2012, a supervisor may apply for and |
| 1873 | obtain from the Secretary of State a waiver of the requirement |
| 1874 | in paragraph (c). |
| 1875 | Section 30. Subsections (1) and (3) of section 101.043, |
| 1876 | Florida Statutes, are amended to read: |
| 1877 | 101.043 Identification required at polls.-- |
| 1878 | (1) The precinct register, as prescribed in s. 98.461, |
| 1879 | shall be used at the polls in lieu of the registration books for |
| 1880 | the purpose of identifying the elector at the polls prior to |
| 1881 | allowing him or her to vote. The clerk or inspector shall |
| 1882 | require each elector, upon entering the polling place, to |
| 1883 | present one of the following a current and valid picture |
| 1884 | identifications: |
| 1885 | (a) Florida driver's license. |
| 1886 | (b) Florida identification card issued by the Department |
| 1887 | of Highway Safety and Motor Vehicles. |
| 1888 | (c) United States passport. |
| 1889 | (d) Employee badge or identification. |
| 1890 | (e) Buyer's club identification. |
| 1891 | (f) Debit or credit card. |
| 1892 | (g) Military identification. |
| 1893 | (h) Student identification. |
| 1894 | (i) Retirement center identification. |
| 1895 | (j) Neighborhood association identification. |
| 1896 | (k) Public assistance identification as provided in s. |
| 1897 | 97.0535(3)(a). |
| 1898 |
|
| 1899 | If the picture identification does not contain the signature of |
| 1900 | the voter, an additional identification that provides the |
| 1901 | voter's signature shall be required. The elector shall sign his |
| 1902 | or her name in the space provided on the precinct register or on |
| 1903 | an electronic device provided for recording the voter's |
| 1904 | signature., and The clerk or inspector shall compare the |
| 1905 | signature with that on the identification provided by the |
| 1906 | elector and enter his or her initials in the space provided on |
| 1907 | the precinct register or on an electronic device provided for |
| 1908 | that purpose and allow the elector to vote if the clerk or |
| 1909 | inspector is satisfied as to the identity of the elector. |
| 1910 | (3) If the elector who fails to furnish the required |
| 1911 | identification is an elector subject to s. 97.0535 a first-time |
| 1912 | voter who registered by mail and has not provided the required |
| 1913 | identification to a voter registration official the supervisor |
| 1914 | of elections prior to election day, the elector shall be allowed |
| 1915 | to vote a provisional ballot. The canvassing board shall |
| 1916 | determine the validity of the ballot pursuant to s. 101.048(2). |
| 1917 | Section 31. Subsections (2) and (3) of section 101.045, |
| 1918 | Florida Statutes, are amended to read: |
| 1919 | 101.045 Electors must be registered in precinct; |
| 1920 | provisions for residence or name change.-- |
| 1921 | (2)(a) An elector who moves from the precinct within the |
| 1922 | county in which the elector is registered may be permitted to |
| 1923 | vote in the precinct to which he or she has moved his or her |
| 1924 | legal residence, provided such elector completes an affirmation |
| 1925 | in substantially the following form: |
| 1926 | Change of Legal Residence of Registered |
| 1927 | Voter |
| 1928 |
|
| 1929 | Under penalties for false swearing, I, (Name of voter) , swear |
| 1930 | (or affirm) that the former address of my legal residence was |
| 1931 | (Address of legal residence) in the municipality of _____, in |
| 1932 | _____ County, Florida, and I was registered to vote in the _____ |
| 1933 | precinct of _____ County, Florida; that I have not voted in the |
| 1934 | precinct of my former registration in this election; that I now |
| 1935 | reside at (Address of legal residence) in the Municipality of |
| 1936 | _____, in _____ County, Florida, and am therefore eligible to |
| 1937 | vote in the _____ precinct of _____ County, Florida; and I |
| 1938 | further swear (or affirm) that I am otherwise legally registered |
| 1939 | and entitled to vote. |
| 1940 | (Signature of voter whose address of legal |
| 1941 | residence has changed) |
| 1942 | (b) An elector whose name changes because of marriage or |
| 1943 | other legal process may be permitted to vote, provided such |
| 1944 | elector completes an affirmation in substantially the following |
| 1945 | form: |
| 1946 | Change of Name of Registered |
| 1947 | Voter |
| 1948 |
|
| 1949 | Under penalties for false swearing, I, (New name of voter) , |
| 1950 | swear (or affirm) that my name has been changed |
| 1951 | because of marriage or other legal process. My former name and |
| 1952 | address of legal residence appear on the registration records |
| 1953 | books of precinct _____ as follows: |
| 1954 | Name |
| 1955 | Address |
| 1956 | Municipality |
| 1957 | County |
| 1958 | Florida, Zip |
| 1959 | My present name and address of legal residence are as follows: |
| 1960 | Name |
| 1961 | Address |
| 1962 | Municipality |
| 1963 | County |
| 1964 | Florida, Zip |
| 1965 | and I further swear (or affirm) that I am otherwise legally |
| 1966 | registered and entitled to vote. |
| 1967 | (Signature of voter whose name has changed) |
| 1968 | (c) Such affirmation, when completed and presented at the |
| 1969 | precinct in which such elector is entitled to vote, and upon |
| 1970 | verification of the elector's registration, shall entitle such |
| 1971 | elector to vote as provided in this subsection. If the elector's |
| 1972 | eligibility to vote cannot be determined, he or she shall be |
| 1973 | entitled to vote a provisional ballot, subject to the |
| 1974 | requirements and procedures in s. 101.048. Upon receipt of an |
| 1975 | affirmation certifying a change in address of legal residence or |
| 1976 | name, the supervisor shall as soon as practicable make the |
| 1977 | necessary changes in the statewide voter registration system |
| 1978 | records of the county to indicate the change in address of legal |
| 1979 | residence or name of such elector. |
| 1980 | (d) Instead of the affirmation contained in paragraph (a) |
| 1981 | or paragraph (b), an elector may complete a voter registration |
| 1982 | application that indicates the change of name or change of |
| 1983 | address of legal residence. |
| 1984 | (e) A request for an absentee ballot pursuant to s. 101.62 |
| 1985 | which indicates that the elector has had a change of address of |
| 1986 | legal residence from that in the supervisor's records shall be |
| 1987 | sufficient as the notice to the supervisor of change of address |
| 1988 | of legal residence required by this section. Upon receipt of |
| 1989 | such request for an absentee ballot from an elector who has |
| 1990 | changed his or her address of legal residence, the supervisor |
| 1991 | shall provide the elector with the proper ballot for the |
| 1992 | precinct in which the elector then has his or her legal |
| 1993 | residence. |
| 1994 | (3) When an elector's name does not appear on the |
| 1995 | registration books of the election precinct in which the elector |
| 1996 | is registered, the elector may have his or her name restored if |
| 1997 | the supervisor is otherwise satisfied that the elector is |
| 1998 | validly registered, that the elector's name has been erroneously |
| 1999 | omitted from the books, and that the elector is entitled to have |
| 2000 | his or her name restored. The supervisor, if he or she is |
| 2001 | satisfied as to the elector's previous registration, shall allow |
| 2002 | such person to vote and shall thereafter issue a duplicate |
| 2003 | registration identification card. |
| 2004 | Section 32. Subsection (1) of section 101.048, Florida |
| 2005 | Statutes, is amended to read: |
| 2006 | 101.048 Provisional ballots.-- |
| 2007 | (1) At all elections, a voter claiming to be properly |
| 2008 | registered in the state county and eligible to vote at the |
| 2009 | precinct in the election, but whose eligibility cannot be |
| 2010 | determined, and other persons specified in the code shall be |
| 2011 | entitled to vote a provisional ballot. Once voted, the |
| 2012 | provisional ballot shall be placed in a secrecy envelope and |
| 2013 | thereafter sealed in a provisional ballot envelope. The |
| 2014 | provisional ballot shall be deposited in a ballot box. All |
| 2015 | provisional ballots shall remain sealed in their envelopes for |
| 2016 | return to the supervisor of elections. The department shall |
| 2017 | prescribe the form of the provisional ballot envelope. |
| 2018 | Section 33. Effective January 1, 2007, subsection (1) of |
| 2019 | section 101.161, Florida Statutes, is amended to read: |
| 2020 | 101.161 Referenda; ballots.-- |
| 2021 | (1) Whenever a constitutional amendment or other public |
| 2022 | measure is submitted to the vote of the people, the substance of |
| 2023 | such amendment or other public measure shall be printed in clear |
| 2024 | and unambiguous language on the ballot after the list of |
| 2025 | candidates, followed by the word "yes" and also by the word |
| 2026 | "no," and shall be styled in such a manner that a "yes" vote |
| 2027 | will indicate approval of the proposal and a "no" vote will |
| 2028 | indicate rejection. The wording of the substance of the |
| 2029 | amendment or other public measure and the ballot title to appear |
| 2030 | on the ballot shall be embodied in the joint resolution, |
| 2031 | constitutional revision commission proposal, constitutional |
| 2032 | convention proposal, taxation and budget reform commission |
| 2033 | proposal, or enabling resolution or ordinance. Except for |
| 2034 | amendments and ballot language proposed by joint resolution, the |
| 2035 | substance of the amendment or other public measure shall be an |
| 2036 | explanatory statement, not exceeding 75 words in length, of the |
| 2037 | chief purpose of the measure. In addition, for every amendment |
| 2038 | proposed by initiative, the ballot shall include, following the |
| 2039 | ballot summary, a separate financial impact statement concerning |
| 2040 | the measure prepared by the Financial Impact Estimating |
| 2041 | Conference in accordance with s. 100.371(5)(6). The ballot title |
| 2042 | shall consist of a caption, not exceeding 15 words in length, by |
| 2043 | which the measure is commonly referred to or spoken of. |
| 2044 | Section 34. Subsection (2) of section 101.56062, Florida |
| 2045 | Statutes, as created by chapter 2002-281, Laws of Florida, is |
| 2046 | amended to read: |
| 2047 | 101.56062 Standards for accessible voting systems.-- |
| 2048 | (2) Such voting system must include at least one |
| 2049 | accessible voter interface device installed in each polling |
| 2050 | place precinct which meets the requirements of this section, |
| 2051 | except for paragraph (1)(d). |
| 2052 | Section 35. Subsection (1) of section 101.5608, Florida |
| 2053 | Statutes, is amended to read: |
| 2054 | 101.5608 Voting by electronic or electromechanical method; |
| 2055 | procedures.-- |
| 2056 | (1) Each elector desiring to vote shall be identified to |
| 2057 | the clerk or inspector of the election as a duly qualified |
| 2058 | elector of such election and shall sign his or her name on the |
| 2059 | in ink or indelible pencil to an identification blank, signature |
| 2060 | slip, precinct register, or other form or device provided by the |
| 2061 | supervisor ballot stub on which the ballot serial number may be |
| 2062 | recorded. The inspector shall compare the signature with the |
| 2063 | signature on the identification provided by the elector. If the |
| 2064 | inspector is reasonably sure that the person is entitled to |
| 2065 | vote, the inspector shall provide the person with a ballot. |
| 2066 | Section 36. Effective August 1, 2006, section 101.573, |
| 2067 | Florida Statutes, is created to read: |
| 2068 | 101.573 Record of votes by precinct.-- |
| 2069 | (1) Within 75 days after the date of a municipal election |
| 2070 | or runoff, whichever occurs later, a presidential preference |
| 2071 | primary, or a general election, the supervisor of elections |
| 2072 | shall file with the Department of State precinct-level election |
| 2073 | results for that election cycle, including any primary |
| 2074 | elections. Precinct-level election results shall record for each |
| 2075 | precinct the returns of ballots cast at the precinct location to |
| 2076 | which have been added the returns of absentee and early ballots |
| 2077 | cast by voters registered in the precinct. |
| 2078 | (2) The Department of State shall adopt rules pursuant to |
| 2079 | ss. 120.536(1) and 120.54 prescribing the form by which |
| 2080 | supervisors of elections shall submit election results for each |
| 2081 | precinct. |
| 2082 | Section 37. Effective January 1, 2007, paragraph (a) of |
| 2083 | subsection (4) of section 101.62, Florida Statutes, is amended |
| 2084 | to read: |
| 2085 | 101.62 Request for absentee ballots.-- |
| 2086 | (4)(a) To each absent qualified elector overseas who has |
| 2087 | requested an absentee ballot, the supervisor of elections shall, |
| 2088 | not fewer than 35 days before the first primary election, mail |
| 2089 | an absentee ballot. Not fewer than 45 days before the second |
| 2090 | primary and general election, the supervisor of elections shall |
| 2091 | mail an advance absentee ballot to those persons requesting |
| 2092 | ballots for such elections. The advance absentee ballot for the |
| 2093 | second primary shall be the same as the first primary absentee |
| 2094 | ballot as to the names of candidates, except that for any |
| 2095 | offices where there are only two candidates, those offices and |
| 2096 | all political party executive committee offices shall be |
| 2097 | omitted. Except as provided in ss. 99.063(4) and 100.371(5)(6), |
| 2098 | the advance absentee ballot for the general election shall be as |
| 2099 | specified in s. 101.151, except that in the case of candidates |
| 2100 | of political parties where nominations were not made in the |
| 2101 | first primary, the names of the candidates placing first and |
| 2102 | second in the first primary election shall be printed on the |
| 2103 | advance absentee ballot. The advance absentee ballot or advance |
| 2104 | absentee ballot information booklet shall be of a different |
| 2105 | color for each election and also a different color from the |
| 2106 | absentee ballots for the first primary, second primary, and |
| 2107 | general election. The supervisor shall mail an advance absentee |
| 2108 | ballot for the second primary and general election to each |
| 2109 | qualified absent elector for whom a request is received until |
| 2110 | the absentee ballots are printed. The supervisor shall enclose |
| 2111 | with the advance second primary absentee ballot and advance |
| 2112 | general election absentee ballot an explanation stating that the |
| 2113 | absentee ballot for the election will be mailed as soon as it is |
| 2114 | printed; and, if both the advance absentee ballot and the |
| 2115 | absentee ballot for the election are returned in time to be |
| 2116 | counted, only the absentee ballot will be counted. The |
| 2117 | Department of State may prescribe by rule the requirements for |
| 2118 | preparing and mailing absentee ballots to absent qualified |
| 2119 | electors overseas. |
| 2120 | Section 38. Subsection (3) is added to section 101.64, |
| 2121 | Florida Statutes, to read: |
| 2122 | 101.64 Delivery of absentee ballots; envelopes; form.-- |
| 2123 | (3) The supervisor shall mark, code, indicate on, or |
| 2124 | otherwise track the precinct of the absent elector for each |
| 2125 | absentee ballot. |
| 2126 | Section 39. Paragraph (a) of subsection (1) of section |
| 2127 | 101.657, Florida Statutes, is amended to read: |
| 2128 | 101.657 Early voting.-- |
| 2129 | (1)(a) The supervisor of elections shall allow an elector |
| 2130 | to vote early in the main or branch office of the supervisor by |
| 2131 | depositing the voted ballot in a voting device used by the |
| 2132 | supervisor to collect or tabulate ballots. The supervisor shall |
| 2133 | mark, code, indicate on, or otherwise track the voter's precinct |
| 2134 | for each early voted ballot. In order for a branch office to be |
| 2135 | used for early voting, it shall be a full-service facility of |
| 2136 | the supervisor and shall have been designated as such at least 1 |
| 2137 | year prior to the election. The supervisor may designate any |
| 2138 | city hall or public library as early voting sites; however, if |
| 2139 | so designated, the sites must be geographically located so as to |
| 2140 | provide all voters in the county an equal opportunity to cast a |
| 2141 | ballot, insofar as is practicable. The results or tabulation may |
| 2142 | not be made before the close of the polls on election day. |
| 2143 | Section 40. Section 101.663, Florida Statutes, is amended |
| 2144 | to read: |
| 2145 | 101.663 Electors; change of residence to another state.-- |
| 2146 | (1) An elector who changes his or her residence to another |
| 2147 | county in Florida from the county in Florida in which he or she |
| 2148 | is registered as an elector after the books in the county to |
| 2149 | which the elector has changed his or her residence are closed |
| 2150 | for any general, primary, or special election shall be permitted |
| 2151 | to vote absentee in the county of his or her former residence in |
| 2152 | that election for President and Vice President, United States |
| 2153 | Senator, statewide offices, and statewide issues. Such person |
| 2154 | shall not be permitted to vote in the county of the person's |
| 2155 | former residence after the general election. |
| 2156 | (2) An elector registered in this state who moves his or |
| 2157 | her permanent residence to another state and who is prohibited |
| 2158 | by the laws of that state from voting for the offices of |
| 2159 | President and Vice President of the United States shall be |
| 2160 | permitted to vote absentee in the county of his or her former |
| 2161 | residence for those offices. |
| 2162 | Section 41. Subsection (1) of section 101.6921, Florida |
| 2163 | Statutes, is amended to read: |
| 2164 | 101.6921 Delivery of special absentee ballot to certain |
| 2165 | first-time voters.-- |
| 2166 | (1) The provisions of this section apply to voters who are |
| 2167 | subject to the provisions of s. 97.0535 registered to vote by |
| 2168 | mail, who have not previously voted in the county, and who have |
| 2169 | not provided the identification or certification required by s. |
| 2170 | 97.0535 by the time the absentee ballot is mailed. |
| 2171 | Section 42. Section 101.6923, Florida Statutes, is amended |
| 2172 | to read: |
| 2173 | 101.6923 Special absentee ballot instructions for certain |
| 2174 | first-time voters.-- |
| 2175 | (1) The provisions of this section apply to voters who are |
| 2176 | subject to the provisions of s. 97.0535 registered to vote by |
| 2177 | mail, who have not previously voted in the county, and who have |
| 2178 | not provided the identification or information required by s. |
| 2179 | 97.0535 by the time the absentee ballot is mailed. |
| 2180 | (2) A voter covered by this section shall be provided with |
| 2181 | the following printed instructions with his or her absentee |
| 2182 | ballot in substantially the following form: |
| 2183 |
|
| 2184 | READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING |
| 2185 | YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS |
| 2186 | MAY CAUSE YOUR BALLOT NOT TO COUNT. |
| 2187 | 1. In order to ensure that your absentee ballot will be |
| 2188 | counted, it should be completed and returned as soon as possible |
| 2189 | so that it can reach the supervisor of elections of the county |
| 2190 | in which your precinct is located no later than 7 p.m. on the |
| 2191 | date of the election. |
| 2192 | 2. Mark your ballot in secret as instructed on the ballot. |
| 2193 | You must mark your own ballot unless you are unable to do so |
| 2194 | because of blindness, disability, or inability to read or write. |
| 2195 | 3. Mark only the number of candidates or issue choices for |
| 2196 | a race as indicated on the ballot. If you are allowed to "Vote |
| 2197 | for One" candidate and you vote for more than one, your vote in |
| 2198 | that race will not be counted. |
| 2199 | 4. Place your marked ballot in the enclosed secrecy |
| 2200 | envelope and seal the envelope. |
| 2201 | 5. Insert the secrecy envelope into the enclosed envelope |
| 2202 | bearing the Voter's Certificate. Seal the envelope and |
| 2203 | completely fill out the Voter's Certificate on the back of the |
| 2204 | envelope. |
| 2205 | a. You must sign your name on the line above (Voter's |
| 2206 | Signature). |
| 2207 | b. If you are an overseas voter, you must include the date |
| 2208 | you signed the Voter's Certificate on the line above (Date) or |
| 2209 | your ballot may not be counted. |
| 2210 | 6. Unless you meet one of the exemptions in Item 7., you |
| 2211 | must make a copy of one of the following forms of |
| 2212 | identification: |
| 2213 | a. Identification which must include your name and |
| 2214 | photograph: current and valid Florida driver's license; Florida |
| 2215 | identification card issued by the Department of Highway Safety |
| 2216 | and Motor Vehicles; United States passport; employee badge or |
| 2217 | identification; buyer's club identification card; debit or |
| 2218 | credit card; military identification; student identification; |
| 2219 | retirement center identification; neighborhood association |
| 2220 | identification; entertainment identification; or public |
| 2221 | assistance identification; or |
| 2222 | b. Identification which shows your name and current |
| 2223 | residence address: current utility bill, bank statement, |
| 2224 | government check, paycheck, or government document (excluding |
| 2225 | voter identification card). |
| 2226 | 7. The identification requirements of Item 6. do not apply |
| 2227 | if you meet one of the following requirements: |
| 2228 | a. You are 65 years of age or older. |
| 2229 | b. You have a temporary or permanent physical disability. |
| 2230 | c. You are a member of a uniformed service on active duty |
| 2231 | who, by reason of such active duty, will be absent from the |
| 2232 | county on election day. |
| 2233 | d. You are a member of the Merchant Marine who, by reason |
| 2234 | of service in the Merchant Marine, will be absent from the |
| 2235 | county on election day. |
| 2236 | e. You are the spouse or dependent of a member referred to |
| 2237 | in paragraph c. or paragraph d. who, by reason of the active |
| 2238 | duty or service of the member, will be absent from the county on |
| 2239 | election day. |
| 2240 | f. You are currently residing outside the United States. |
| 2241 | 8. Place the envelope bearing the Voter's Certificate into |
| 2242 | the mailing envelope addressed to the supervisor. Insert a copy |
| 2243 | of your identification in the mailing envelope. DO NOT PUT YOUR |
| 2244 | IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR |
| 2245 | INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR |
| 2246 | BALLOT WILL NOT COUNT. |
| 2247 | 9. Mail, deliver, or have delivered the completed mailing |
| 2248 | envelope. Be sure there is sufficient postage if mailed. |
| 2249 | 10. FELONY NOTICE. It is a felony under Florida law to |
| 2250 | accept any gift, payment, or gratuity in exchange for your vote |
| 2251 | for a candidate. It is also a felony under Florida law to vote |
| 2252 | in an election using a false identity or false address, or under |
| 2253 | any other circumstances making your ballot false or fraudulent. |
| 2254 | Section 43. Subsection (3) of section 102.012, Florida |
| 2255 | Statutes, is amended to read: |
| 2256 | 102.012 Inspectors and clerks to conduct elections.-- |
| 2257 | (3) The supervisor shall furnish inspectors of election |
| 2258 | for each precinct with the list of registered electors for that |
| 2259 | precinct registration books divided alphabetically as will best |
| 2260 | facilitate the holding of an election. The supervisor shall also |
| 2261 | furnish to the inspectors of election at the polling place at |
| 2262 | each precinct in the supervisor's county a sufficient number of |
| 2263 | forms and blanks for use on election day. |
| 2264 | Section 44. Subsections (1), (2), and (3) of section |
| 2265 | 104.013, Florida Statutes, are amended to read: |
| 2266 | 104.013 Unauthorized use, possession, or destruction of |
| 2267 | voter information registration identification card.-- |
| 2268 | (1) It is unlawful for any person knowingly to have in his |
| 2269 | or her possession any blank, forged, stolen, fictitious, |
| 2270 | counterfeit, or unlawfully issued voter information registration |
| 2271 | identification card unless possession by such person has been |
| 2272 | duly authorized by the supervisor. |
| 2273 | (2) It is unlawful for any person to barter, trade, sell, |
| 2274 | or give away a voter information registration identification |
| 2275 | card unless said person has been duly authorized to issue a |
| 2276 | voter information registration identification card. |
| 2277 | (3) It is unlawful for any person willfully to destroy or |
| 2278 | deface the information registration identification card of a |
| 2279 | duly registered voter. |
| 2280 | Section 45. Effective upon becoming a law, subsection (7) |
| 2281 | is added to section 106.0705, Florida Statutes, to read: |
| 2282 | 106.0705 Electronic filing of campaign treasurer's |
| 2283 | reports.-- |
| 2284 | (7) Notwithstanding anything in law to the contrary, any |
| 2285 | report required to have been filed under this section for the |
| 2286 | period ended March 31, 2005, shall be deemed to have been timely |
| 2287 | filed if the report is filed under this section on or before |
| 2288 | June 1, 2005. |
| 2289 | Section 46. Subsection (2) of section 106.08, Florida |
| 2290 | Statutes, is amended to read: |
| 2291 | 106.08 Contributions; limitations on.-- |
| 2292 | (2)(a) A candidate may not accept contributions from |
| 2293 | national, state, including any subordinate committee of a |
| 2294 | national, state, or county committee of a political party, and |
| 2295 | county executive committees of a political party, which |
| 2296 | contributions in the aggregate exceed $50,000, no more than |
| 2297 | $25,000 of which may be accepted prior to the 28-day period |
| 2298 | immediately preceding the date of the general election. |
| 2299 | (b) A candidate for statewide office may not accept |
| 2300 | contributions from national, state, or county executive |
| 2301 | committees of a political party, including any subordinate |
| 2302 | committee of a national, state, or county committee of a |
| 2303 | political party, which contributions in the aggregate exceed |
| 2304 | $250,000, no more than $125,000 of which may be accepted prior |
| 2305 | to the 28-day period immediately preceding the date of the |
| 2306 | general election. Polling services, research services, costs for |
| 2307 | campaign staff, professional consulting services, and telephone |
| 2308 | calls are not contributions to be counted toward the |
| 2309 | contribution limits of paragraph (a) or paragraph (b). Any item |
| 2310 | not expressly identified in this paragraph as nonallocable is a |
| 2311 | contribution in an amount equal to the fair market value of the |
| 2312 | item and must be counted as allocable toward the $50,000 |
| 2313 | contribution limits of paragraph (a) or paragraph (b). |
| 2314 | Nonallocable, in-kind contributions must be reported by the |
| 2315 | candidate under s. 106.07 and by the political party under s. |
| 2316 | 106.29. |
| 2317 | Section 47. Subsection (3) of section 106.33, Florida |
| 2318 | Statutes, is amended to read: |
| 2319 | 106.33 Election campaign financing; eligibility.--Each |
| 2320 | candidate for the office of Governor or member of the Cabinet |
| 2321 | who desires to receive contributions from the Election Campaign |
| 2322 | Financing Trust Fund shall, upon qualifying for office, file a |
| 2323 | request for such contributions with the filing officer on forms |
| 2324 | provided by the Division of Elections. If a candidate |
| 2325 | requesting contributions from the fund desires to have such |
| 2326 | funds distributed by electronic fund transfers, the request |
| 2327 | shall include information necessary to implement that procedure. |
| 2328 | For the purposes of ss. 106.30-106.36, candidates for Governor |
| 2329 | and Lieutenant Governor on the same ticket shall be considered |
| 2330 | as a single candidate. To be eligible to receive contributions |
| 2331 | from the fund, a candidate may not be an unopposed candidate as |
| 2332 | defined in s. 106.011(15) and must: |
| 2333 | (3) Limit loans or contributions from the candidate's |
| 2334 | personal funds to $25,000 and contributions from national, |
| 2335 | state, and county executive committees of a political party to |
| 2336 | $250,000 $25,000 in the aggregate, which loans or contributions |
| 2337 | shall not qualify for meeting the threshold amounts in |
| 2338 | subsection (2). |
| 2339 | Section 48. Section 106.34, Florida Statutes, is amended |
| 2340 | to read: |
| 2341 | 106.34 Expenditure limits.-- |
| 2342 | (1) Any candidate for Governor and Lieutenant Governor or |
| 2343 | Cabinet officer who requests contributions from the Election |
| 2344 | Campaign Financing Trust Fund shall limit his or her total |
| 2345 | expenditures as follows: |
| 2346 | (a) Governor and Lieutenant Governor: $2.00 for each |
| 2347 | Florida-registered voter $5 million. |
| 2348 | (b) Cabinet officer: $1.00 for each Florida-registered |
| 2349 | voter $2 million. |
| 2350 | (2) The expenditure limit for any candidate with primary |
| 2351 | election opposition only shall be 60 percent of the limit |
| 2352 | provided in subsection (1). |
| 2353 | (3) For purposes of this section, "Florida-registered |
| 2354 | voter" means a voter who is registered to vote in Florida as of |
| 2355 | June 30 of each odd-numbered year. The Division of Elections |
| 2356 | shall certify the total number of Florida-registered voters no |
| 2357 | later than July 31 of each odd-numbered year. Such total number |
| 2358 | shall be calculated by adding the number of registered voters in |
| 2359 | each county as of June 30 in the year of the certification date. |
| 2360 | For the 2006 general election, the Division of Elections shall |
| 2361 | certify the total number of Florida-registered voters by July |
| 2362 | 31, 2005. The expenditure limit shall be adjusted by the |
| 2363 | Secretary of State quadrennially to reflect the rate of |
| 2364 | inflation or deflation as indicated in the Consumer Price Index |
| 2365 | for All Urban Consumers, U.S. City Average, All Items, 1967=100, |
| 2366 | or successor reports as reported by the United States Department |
| 2367 | of Labor, Bureau of Labor Statistics. |
| 2368 | (4) For the purposes of this section, the term |
| 2369 | "expenditure" does not include the payment of compensation for |
| 2370 | legal and accounting services rendered on behalf of a candidate. |
| 2371 | Section 49. Section 196.141, Florida Statutes, is amended |
| 2372 | to read: |
| 2373 | 196.141 Homestead exemptions; duty of property appraiser.- |
| 2374 | - |
| 2375 | (1) The property appraiser shall examine each claim for |
| 2376 | exemption filed with or referred to him or her and shall allow |
| 2377 | the same, if found to be in accordance with law, by marking the |
| 2378 | same approved and by making the proper deductions on the tax |
| 2379 | books. |
| 2380 | (2) The property appraiser shall examine each referral, of |
| 2381 | a person registering to vote at an address different from the |
| 2382 | one where the person has filed for a homestead exemption, which |
| 2383 | has been provided by a supervisor of elections pursuant to s. |
| 2384 | 98.015. The property appraiser shall initiate procedures to |
| 2385 | terminate a person's homestead exemption and assess back taxes, |
| 2386 | if appropriate, if the person claiming such exemption is not |
| 2387 | entitled to the exemption under law. |
| 2388 | Section 50. Subsection (4) of section 120.54, Florida |
| 2389 | Statutes, is amended to read: |
| 2390 | 120.54 Rulemaking.-- |
| 2391 | (4) EMERGENCY RULES.-- |
| 2392 | (a) If an agency finds that an immediate danger to the |
| 2393 | public health, safety, or welfare requires emergency action, the |
| 2394 | agency may adopt any rule necessitated by the immediate danger. |
| 2395 | The agency may adopt a rule by any procedure which is fair under |
| 2396 | the circumstances if: |
| 2397 | 1. The procedure provides at least the procedural |
| 2398 | protection given by other statutes, the State Constitution, or |
| 2399 | the United States Constitution. |
| 2400 | 2. The agency takes only that action necessary to protect |
| 2401 | the public interest under the emergency procedure. |
| 2402 | 3. The agency publishes in writing at the time of, or |
| 2403 | prior to, its action the specific facts and reasons for finding |
| 2404 | an immediate danger to the public health, safety, or welfare and |
| 2405 | its reasons for concluding that the procedure used is fair under |
| 2406 | the circumstances. In any event, notice of emergency rules, |
| 2407 | other than those of educational units or units of government |
| 2408 | with jurisdiction in only one or a part of one county, including |
| 2409 | the full text of the rules, shall be published in the first |
| 2410 | available issue of the Florida Administrative Weekly and |
| 2411 | provided to the committee. The agency's findings of immediate |
| 2412 | danger, necessity, and procedural fairness shall be judicially |
| 2413 | reviewable. |
| 2414 | (b) Rules pertaining to the public health, safety, or |
| 2415 | welfare shall include rules pertaining to perishable |
| 2416 | agricultural commodities or rules pertaining to the |
| 2417 | interpretation and implementation of the requirements of |
| 2418 | chapters 97 through 102 and 105 of the Election Code. |
| 2419 | (c) An emergency rule adopted under this subsection shall |
| 2420 | not be effective for a period longer than 90 days and shall not |
| 2421 | be renewable, except during the pendency of a challenge to |
| 2422 | proposed rules addressing the subject of the emergency rule. |
| 2423 | However, the agency may take identical action by the rulemaking |
| 2424 | procedures specified in this chapter. |
| 2425 | (d) Subject to applicable constitutional and statutory |
| 2426 | provisions, an emergency rule becomes effective immediately on |
| 2427 | filing, or on a date less than 20 days thereafter if specified |
| 2428 | in the rule, if the adopting agency finds that such effective |
| 2429 | date is necessary because of immediate danger to the public |
| 2430 | health, safety, or welfare. |
| 2431 | Section 51. Subsection (1) of section 99.061, Florida |
| 2432 | Statutes, is amended to read: |
| 2433 | 99.061 Method of qualifying for nomination or election to |
| 2434 | federal, state, county, or district office.-- |
| 2435 | (1) The provisions of any special act to the contrary |
| 2436 | notwithstanding, each person seeking to qualify for nomination |
| 2437 | or election to a federal, state, or multicounty district office, |
| 2438 | other than election to a judicial office as defined in chapter |
| 2439 | 105 or the office of school board member, shall file his or her |
| 2440 | qualification papers with, and pay the qualifying fee, which |
| 2441 | shall consist of the filing fee and election assessment, and |
| 2442 | party assessment, if any has been levied, to, the Department of |
| 2443 | State, or qualify by the alternative method with the Department |
| 2444 | of State, at any time after noon of the 1st day for qualifying, |
| 2445 | which shall be as follows: the 120th day prior to the first |
| 2446 | primary, but not later than noon of the 116th day prior to the |
| 2447 | date of the first primary, for persons seeking to qualify for |
| 2448 | nomination or election to federal office or the office of the |
| 2449 | state attorney or public defender; and noon of the 50th day |
| 2450 | prior to the first primary, but not later than noon of the 46th |
| 2451 | day prior to the date of the first primary, for persons seeking |
| 2452 | to qualify for nomination or election to a state or multicounty |
| 2453 | district office, other than the office of state attorney or |
| 2454 | public defender. |
| 2455 | Section 52. Subsection (4) of section 322.142, Florida |
| 2456 | Statutes, is amended to read: |
| 2457 | 322.142 Color photographic or digital imaged licenses.-- |
| 2458 | (4) The department may maintain a film negative or print |
| 2459 | file. The department shall maintain a record of the digital |
| 2460 | image and signature of the licensees, together with other data |
| 2461 | required by the department for identification and retrieval. |
| 2462 | Reproductions from the file or digital record shall be made and |
| 2463 | issued only for departmental administrative purposes; for the |
| 2464 | issuance of duplicate licenses; in response to law enforcement |
| 2465 | agency requests; to the Department of State pursuant to an |
| 2466 | interagency agreement to facilitate determinations of |
| 2467 | eligibility of voter registration applicants and registered |
| 2468 | voters in accordance with ss. 98.045 and 98.075; to the |
| 2469 | Department of Revenue pursuant to an interagency agreement to |
| 2470 | facilitate service of process in Title IV-D cases; or to the |
| 2471 | Department of Financial Services pursuant to an interagency |
| 2472 | agreement to facilitate the location of owners of unclaimed |
| 2473 | property, the validation of unclaimed property claims, and the |
| 2474 | identification of fraudulent or false claims, and are exempt |
| 2475 | from the provisions of s. 119.07(1). |
| 2476 | Section 53. Absentee ballots and voting; violations.--Any |
| 2477 | person who provides or offers to provide, and any person who |
| 2478 | accepts, a pecuniary or other benefit in exchange for |
| 2479 | distributing, ordering, requesting, collecting, delivering, or |
| 2480 | otherwise physically possessing absentee ballots, with intent to |
| 2481 | alter, change, modify, or erase any vote on the absentee ballot, |
| 2482 | except as provided in sections 101.6105-101.695, Florida |
| 2483 | Statutes, commits a felony of the third degree, punishable as |
| 2484 | provided in section 775.082, section 775.083, or section |
| 2485 | 775.084, Florida Statutes. |
| 2486 | Section 54. Subsection (1) of section 104.047, Florida |
| 2487 | Statutes, is repealed. |
| 2488 | Section 55. Sections 98.055, 98.095, 98.0977, 98.0979, |
| 2489 | 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida |
| 2490 | Statutes, are repealed. |
| 2491 | Section 56. Except as otherwise expressly provided in this |
| 2492 | act and except for this section, which shall take effect upon |
| 2493 | becoming a law, this act shall take effect January 1, 2006. |