Senate Bill sb1996

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    Florida Senate - 2005                                  SB 1996

    By Senator Alexander





    17-1444-05

  1                      A bill to be entitled

  2         An act relating to the petition process;

  3         providing a short title; amending s. 99.097,

  4         F.S.; revising requirements for verification of

  5         signatures on petitions; prescribing limits on

  6         use of paid petition circulators; providing

  7         procedures to contest alleged improper

  8         signature verification; amending s. 100.371,

  9         F.S.; revising procedures for placing an

10         initiative on the ballot; providing

11         requirements for information to be contained on

12         petitions; providing procedure for revocation

13         of a petition signature; creating s. 100.372,

14         F.S.; providing regulation for initiative

15         petition circulators and their activities;

16         amending s. 101.161, F.S.; deleting obsolete

17         provisions relating to a ballot initiative

18         concerning merit selection and retention of

19         judges; amending s. 101.62, F.S.; conforming a

20         cross-reference; amending s. 104.012, F.S.;

21         providing criminal penalties for specified

22         offenses involving voter registration

23         applications; amending s. 104.185, F.S.;

24         proscribing specified actions involving

25         petitions and providing or increasing criminal

26         penalties therefor; amending s. 104.42, F.S.;

27         prescribing duties of supervisors of elections

28         with respect to unlawful registrations,

29         petitions, and voting; providing for verifying

30         and counting signatures submitted for

31         verification before the effective date of the

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 1         act; requiring resubmission and reapproval of

 2         petition forms; providing severability;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  This act may be cited as the "Petition

 8  Fraud and Voter Protection Act."

 9         Section 2.  Subsections (1), (3), and (4) of section

10  99.097, Florida Statutes, are amended, and subsection (6) is

11  added to that section, to read:

12         99.097  Verification of signatures on petitions.--

13         (1)  As determined by each supervisor, based upon local

14  conditions, the verification of signatures checking of names

15  on petitions may be based on the most inexpensive and

16  administratively feasible of either of the following methods

17  of verification:

18         (a)  A name-by-name, signature-by-signature check of

19  the number of valid authorized signatures on the petitions; or

20         (b)  A check of a random sample, as provided by the

21  Department of State, of names and signatures on the petitions.

22  The sample must be such that a determination can be made as to

23  whether or not the required number of valid signatures has

24  have been obtained with a reliability of at least 99.5

25  percent. Rules and guidelines for this method of petition

26  verification shall be promulgated by the Department of State,

27  which may include a requirement that petitions bear an

28  additional number of names and signatures, not to exceed 15

29  percent of the names and signatures otherwise required.  If

30  the petitions do not meet such criteria, then the use of the

31  

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 1  verification method described in this paragraph shall not be

 2  available to supervisors.

 3  

 4  Notwithstanding any other provision of law, petitions to

 5  secure ballot placement for an issue, and petition revocations

 6  directed pursuant to s. 100.371(8), must be verified by the

 7  method provided in paragraph (a).

 8         (3)(a)  A signature name on a petition, in a name that

 9  which name is not in substantially the same form as a name on

10  the voter registration books, shall be counted as a valid

11  signature if, after comparing the signature on the petition

12  with the signature of the alleged signer as shown on the

13  registration books, the supervisor determines that the person

14  signing the petition and the person who registered to vote are

15  one and the same.  In any situation in which this code

16  requires the form of the petition to be prescribed by the

17  division, no signature shall be counted toward the number of

18  signatures required unless it is on a petition form prescribed

19  by the division. A signature on a petition may not be counted

20  toward the number of valid signatures required for ballot

21  placement unless all relevant provisions of this code have

22  been satisfied.

23         (b)  If a voter signs a petition and lists an address

24  other than the legal residence where the voter is registered,

25  the supervisor shall treat the signature as if the voter had

26  listed the address where the voter is registered.

27         (4)(a)  The supervisor shall be paid in advance the sum

28  of 10 cents for each signature checked or the actual cost of

29  checking such signature, whichever is less, by the candidate

30  or, in the case of a petition to have an issue placed on the

31  ballot, by the person or organization submitting the petition.

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 1  However, if a candidate, person, or organization seeking to

 2  have an issue placed upon the ballot cannot pay such charges

 3  without imposing an undue burden on personal resources or upon

 4  the resources otherwise available to such candidate, person,

 5  or organization, such candidate, person, or organization

 6  shall, upon written certification of such inability given

 7  under oath to the supervisor, be entitled to have the

 8  signatures verified at no charge.  In the event a candidate,

 9  person, or organization submitting a petition to have an issue

10  placed upon the ballot is entitled to have the signatures

11  verified at no charge, the supervisor of elections of each

12  county in which the signatures are verified at no charge shall

13  submit the total number of such signatures checked in the

14  county to the Chief Financial Officer no later than December 1

15  of the general election year, and the Chief Financial Officer

16  shall cause such supervisor of elections to be reimbursed from

17  the General Revenue Fund in an amount equal to 10 cents for

18  each signature name checked or the actual cost of checking

19  such signatures, whichever is less.  In no event shall such

20  reimbursement of costs be deemed or applied as extra

21  compensation for the supervisor. Petitions shall be retained

22  by the supervisors for a period of 1 year following the

23  election for which the petitions were circulated.

24         (b)  A person or organization submitting a petition to

25  secure ballot placement for an issue which has filed a

26  certification of undue burden may not provide compensation to

27  any paid petition circulator, as defined in s. 100.372, unless

28  the person or organization first pays all supervisors for each

29  signature checked or reimburses the General Revenue Fund for

30  such costs. If a person or organization subject to this

31  paragraph provides compensation to a paid petition circulator

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 1  before the date the person or organization pays all

 2  supervisors for each signature checked or reimburses the

 3  General Revenue Fund for such costs, no signature on a

 4  petition circulated by the petition circulator before that

 5  date may be counted toward the number of valid signatures

 6  required for ballot placement.

 7         (6)(a)  The alleged improper verification of a

 8  signature on a petition to secure ballot placement for an

 9  issue pursuant to paragraph (1)(a) may be contested in the

10  circuit court by a political committee or by an elector. The

11  contestant shall file a complaint setting forth the basis of

12  the contest, together with the fees prescribed in chapter 28,

13  with the clerk of the circuit court in the county in which the

14  petition is certified or in Leon County if the petition covers

15  more than one county, within 30 days after the date the

16  verified signature was certified to the Secretary of State.

17         (b)  If the contestant demonstrates that one or more

18  petitions were improperly verified, the signatures appearing

19  on such petitions may not be counted toward the number of

20  valid signatures required for ballot placement. If an action

21  brought under this subsection is resolved after the Secretary

22  of State has issued a certificate of ballot position for the

23  issue, but the contestant demonstrates that the person or

24  organization submitting the petition had obtained verification

25  of an insufficient number of valid and verified signatures to

26  qualify for ballot placement, the issue shall be removed from

27  the ballot or, if such action is impractical, any votes cast

28  for or against the issue may not be counted and shall be

29  invalidated.

30  

31  

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 1         Section 3.  Section 100.371, Florida Statutes, as

 2  amended by section 9 of chapter 2002-281, Laws of Florida, is

 3  amended to read:

 4         100.371  Initiatives; procedure for placement on

 5  ballot.--

 6         (1)  Constitutional amendments proposed by initiative

 7  shall be placed on the ballot for the general election if

 8  occurring in excess of 90 days from the certification of

 9  ballot position is issued by the Secretary of State no later

10  than February 1 of the year in which the general election is

11  to be held.

12         (2)  Such certification shall be issued when the

13  Secretary of State has received verification certificates from

14  the supervisors of elections indicating that the requisite

15  number and distribution of valid petitions bearing the

16  signatures of electors have been submitted to and verified by

17  the supervisors. Every signature shall be dated by the elector

18  when made. Signatures are and shall be valid for a period of 4

19  years following such date, provided all other requirements of

20  law are complied with.

21         (3)  The sponsor of an initiative amendment shall,

22  prior to obtaining any signatures, register as a political

23  committee pursuant to s. 106.03 and submit the text of the

24  proposed amendment to the Secretary of State, with the form on

25  which the signatures will be affixed, and shall obtain the

26  approval of the Secretary of State of such form. The division

27  Secretary of State shall adopt rules pursuant to s. 120.54

28  prescribing the style and requirements of such form. Upon

29  filing with the Secretary of State, the text of the proposed

30  amendment and all forms filed in connection with this section

31  must, upon request, be made available in alternative formats.

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 1  The contents of a petition form shall be limited to those

 2  items required by statute or rule. A petition form shall be

 3  deemed a political advertisement as defined in s. 106.011 and,

 4  as such, must comply with all relevant requirements of chapter

 5  106.

 6         (4)  The supervisor of elections shall record the date

 7  each petition form was received by the supervisor and the date

 8  the signature on the form was verified as valid. The

 9  supervisor shall verify that the signature on a petition form

10  is valid only if the form complies with all of the following:

11         (a)  The form must contain the original signature of

12  the purported elector;

13         (b)  The purported elector must accurately record on

14  the form the date on which he or she signed the form;

15         (c)  The purported elector must accurately record on

16  the form his or her name, street address, county, and voter

17  registration number and any other information required by the

18  division by rule;

19         (d)  The purported elector must be, at the time he or

20  she signs the form, a duly qualified and registered elector

21  authorized to vote in the congressional district for which his

22  or her signature is submitted;

23         (e)  The date the elector signed the form, as recorded

24  by the elector, must be no more than 10 days from the date the

25  form was received by the supervisor of elections;

26         (f)  The elector must accurately record on the form

27  whether the elector was presented with the petition form for

28  signature by a petition circulator, as defined in s.

29  100.372(1); and

30  

31  

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 1         (g)  If the elector was presented with the petition

 2  form for signature by a petition circulator, the petition form

 3  must comply with the requirements of s. 100.372.

 4         (6)  An elector has the right to submit his or her

 5  signed form to the sponsor of the initiative amendment, by

 6  mail or otherwise, at an address listed on the form for this

 7  purpose.

 8         (7)  Each form must contain the following three notices

 9  at the top of the form in bold type and in a 16-point or

10  larger font, immediately following the title "Constitutional

11  Amendment Petition Form":

12  

13         RIGHT TO MAIL IN.--You have the right to take

14         this petition home and study the issue before

15         signing. If you choose to sign the petition,

16         you may return it to the sponsors of the

17         amendment at the following

18         address:__________________________________.

19  

20         PAID PETITIONER CIRCULATOR.--The person

21         presenting this petition for your signature may

22         be receiving compensation to do so. You have

23         the right to ask for this information and the

24         person's rate of compensation before you sign

25         the petition.

26  

27         NATURE OF AMENDMENT.--The merits of the

28         proposed change to the Florida Constitution

29         appearing below have not been officially

30         reviewed by any court or agency of state

31         government.

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 1         (8)  An elector's signature on a petition form may be

 2  revoked by submitting to the supervisor a signed petition

 3  revocation form adopted by rule for this purpose by the

 4  division. The petition revocation form is subject to the same

 5  requirements as the corresponding petition form under this

 6  code. The petition revocation form shall be filed with the

 7  appropriate supervisor of elections no later than January 1

 8  preceding the next general election or, if the initiative

 9  amendment is not certified for ballot position in that

10  election, no later than the January 1 preceding the next

11  successive general election. The supervisor of elections shall

12  promptly check the signature on the revocation form and

13  process such revocation upon payment of a fee, in advance, of

14  10 cents or the actual cost of checking such signature,

15  whichever is less.

16         (9)(4)  The sponsor shall submit signed and dated forms

17  to the appropriate supervisor of elections for verification as

18  to the number of registered electors whose valid signatures

19  appear thereon. The supervisor shall promptly verify the

20  signatures upon payment of the fee required by s. 99.097. Upon

21  completion of verification, the supervisor shall execute a

22  certificate indicating the total number of signatures checked,

23  the number of signatures verified as valid and as being of

24  registered electors, the member of signatures validly revoked

25  pursuant to subsection (8), and the distribution of such

26  signatures by congressional district. This certificate shall

27  be immediately transmitted to the Secretary of State. The

28  supervisor shall retain the signed signature forms and

29  revocation forms for at least 1 year following the election in

30  which the issue appeared on the ballot or until the Division

31  of Elections notifies the supervisors of elections that the

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 1  committee which circulated the petition is no longer seeking

 2  to obtain ballot position.

 3         (10)(5)  The Secretary of State shall determine from

 4  the verification certificates received from supervisors of

 5  elections the total number of verified valid signatures and

 6  the distribution of such signatures by congressional

 7  districts. Upon a determination that the requisite number and

 8  distribution of valid signatures have been obtained, the

 9  secretary shall issue a certificate of ballot position for

10  that proposed amendment and shall assign a designating number

11  pursuant to s. 101.161. A petition shall be deemed to be filed

12  with the Secretary of State upon the date of the receipt by

13  the secretary of a certificate or certificates from

14  supervisors of elections indicating the petition has been

15  signed by the constitutionally required number of electors.

16         (11)(6)(a)  Within 45 days after receipt of a proposed

17  revision or amendment to the State Constitution by initiative

18  petition from the Secretary of State or, within 30 days after

19  such receipt if receipt occurs 120 days or less before the

20  election at which the question of ratifying the amendment will

21  be presented, the Financial Impact Estimating Conference shall

22  complete an analysis and financial impact statement to be

23  placed on the ballot of the estimated financial impact of the

24  initiative on the private and public sectors of the state,

25  including any increase or decrease in any revenues or costs to

26  state or local governments resulting from the proposed

27  initiative. The Financial Impact Estimating Conference shall

28  submit the financial impact statement to the Attorney General

29  and Secretary of State.

30         (b)1.  The Financial Impact Estimating Conference shall

31  provide an opportunity for any proponents or opponents of the

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 1  initiative to submit information and may solicit information

 2  or analysis from any other entities or agencies, including the

 3  Office of Economic and Demographic Research. All meetings of

 4  the Financial Impact Estimating Conference shall be open to

 5  the public as provided in chapter 286.

 6         2.  The Financial Impact Estimating Conference is

 7  established to review, analyze, and estimate the financial

 8  impact of amendments to or revisions of the State Constitution

 9  proposed by initiative. The Financial Impact Estimating

10  Conference shall consist of four principals: one person from

11  the Executive Office of the Governor; the coordinator of the

12  Office of Economic and Demographic Research, or his or her

13  designee; one person from the professional staff of the

14  Senate; and one person from the professional staff of the

15  House of Representatives. Each principal shall have

16  appropriate fiscal expertise in the subject matter of the

17  initiative. A Financial Impact Estimating Conference may be

18  appointed for each initiative.

19         3.  Principals of the Financial Impact Estimating

20  Conference shall reach a consensus or majority concurrence on

21  a clear and unambiguous financial impact statement, no more

22  than 75 words in length, and immediately submit the statement

23  to the Attorney General. Nothing in this subsection prohibits

24  the Financial Impact Estimating Conference from setting forth

25  a range of potential impacts in the financial impact

26  statement. Any financial impact statement that a court finds

27  not to be in accordance with this section shall be remanded

28  solely to the Financial Impact Estimating Conference for

29  redrafting. The Financial Impact Estimating Conference shall

30  redraft the financial impact statement within 15 days.

31  

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 1         4.  If the members of the Financial Impact Estimating

 2  Conference are unable to agree on the statement required by

 3  this subsection, or if the Supreme Court has rejected the

 4  initial submission by the Financial Impact Estimating

 5  Conference and no redraft has been approved by the Supreme

 6  Court by 5 p.m. on the 75th day before the election, the

 7  following statement shall appear on the ballot pursuant to s.

 8  101.161(1): "The financial impact of this measure, if any,

 9  cannot be reasonably determined at this time."

10         (c)  The financial impact statement must be separately

11  contained and be set forth after the ballot summary as

12  required in s. 101.161(1).

13         (d)1.  Any financial impact statement that the Supreme

14  Court finds not to be in accordance with this subsection shall

15  be remanded solely to the Financial Impact Estimating

16  Conference for redrafting, provided the court's advisory

17  opinion is rendered at least 75 days before the election at

18  which the question of ratifying the amendment will be

19  presented. The Financial Impact Estimating Conference shall

20  prepare and adopt a revised financial impact statement no

21  later than 5 p.m. on the 15th day after the date of the

22  court's opinion.

23         2.  If, by 5 p.m. on the 75th day before the election,

24  the Supreme Court has not issued an advisory opinion on the

25  initial financial impact statement prepared by the Financial

26  Impact Estimating Conference for an initiative amendment that

27  otherwise meets the legal requirements for ballot placement,

28  the financial impact statement shall be deemed approved for

29  placement on the ballot.

30         3.  In addition to the financial impact statement

31  required by this subsection, the Financial Impact Estimating

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 1  Conference shall draft an initiative financial information

 2  statement. The initiative financial information statement

 3  should describe in greater detail than the financial impact

 4  statement any projected financial impact of the initiative on

 5  the private and public sectors of the state, including any

 6  increase or decrease in revenues or costs that the state or

 7  local governments would likely experience if the ballot

 8  measure were approved. If appropriate, the initiative

 9  financial information statement may include both estimated

10  dollar amounts and a description placing the estimated dollar

11  amounts into context. The initiative financial information

12  statement must include both a summary of not more than 500

13  words and additional detailed information that includes the

14  assumptions that were made to develop the financial impacts,

15  workpapers, and any other information deemed relevant by the

16  Financial Impact Estimating Conference.

17         4.  The Department of State shall have printed, and

18  shall furnish to each supervisor of elections, a copy of the

19  summary from the initiative financial information statements.

20  The supervisors shall have the summary from the initiative

21  financial information statements available at each polling

22  place and at the main office of the supervisor of elections

23  upon request.

24         5.  The Secretary of State and the Office of Economic

25  and Demographic Research shall make available on the Internet

26  each initiative financial information statement in its

27  entirety. In addition, each supervisor of elections whose

28  office has a website shall post the summary from each

29  initiative financial information statement on the website.

30  Each supervisor shall include the Internet addresses for the

31  information statements on the Secretary of State's and the

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 1  Office of Economic and Demographic Research's websites in the

 2  publication or mailing required by s. 101.20.

 3         (12)(7)  The Department of State may adopt rules in

 4  accordance with s. 120.54 to carry out this section the

 5  provisions of subsections (1)-(6).

 6         Section 4.  Section 100.372, Florida Statutes, is

 7  created to read:

 8         100.372  Regulation of initiative petition

 9  circulators.--

10         (1)  For purposes of this section, a:

11         (a)  "Petition circulator" is any person who, in the

12  context of a direct face-to-face conversation, presents to

13  another person for possible signature a petition form or

14  petition revocation form regarding ballot placement for an

15  initiative.

16         (b)  "Paid petition circulator" is a petition

17  circulator who receives any compensation as either a direct or

18  indirect consequence of the activities described in paragraph

19  (a).

20         (2)  A petition circulator must be, at the time he or

21  she presents to any person for possible signature a petition

22  form or petition revocation form regarding ballot placement

23  for an initiative, at least 18 years of age and eligible to

24  register to vote in this state pursuant to s. 97.041.

25         (3)  A paid petitioner circulator shall, when engaged

26  in the activities described in paragraph (1)(a), wear a

27  prominent badge, in a form and manner prescribed by rule by

28  the division, identifying him or her as a "PAID PETITIONER

29  CIRCULATOR."

30         (4)(a)  Prior to being presented to a possible elector

31  for signature, a petition form or petition revocation form

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 1  regarding ballot placement for an initiative must set forth

 2  the following information in a format and manner prescribed by

 3  rule by the division:

 4         1.  The name of any organization or entity with which

 5  the petition circulator is affiliated and on behalf of which

 6  the petition circulator is presenting forms to persons for

 7  possible signature; and

 8         2.  A statement as to whether the petition circulator

 9  is a paid petition circulator and, if so, the amount or rate

10  of compensation.

11         (b)  When submitted to the supervisor of elections for

12  verification, each signed petition form or petition revocation

13  form regarding ballot placement for an initiative obtained by

14  a petition circulator must also contain the following

15  information in a format and manner prescribed by rule by the

16  division:

17         1.  The name of the petition circulator;

18         2.  The street address at which the petition circulator

19  resides, including county;

20         3.  The petition circulator's date of birth; and

21         4.  The petition circulator's Florida voter

22  registration number and county of registration, if applicable.

23         (6)(a)  A paid petition circulator shall attach to each

24  signed petition form, petition revocation form, or group of

25  such forms obtained by the paid petition circulator a signed,

26  notarized, and dated affidavit executed by the paid petition

27  circulator, in a form prescribed by rule by the division. If

28  the affidavit pertains to a group of forms, the forms shall be

29  consecutively numbered on their face by the paid petition

30  circulator and the affidavit shall refer to the forms by

31  number.

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 1         (b)  The affidavit shall include the paid petition

 2  circulator's printed name; the street address at which he or

 3  she resides, including county; and the date he or she signed

 4  the affidavit.

 5         (c)  The affidavit shall attest that the paid petition

 6  circulator has read and understands the laws governing the

 7  circulation of petition and petition revocation forms

 8  regarding ballot placement for an initiative; that he or she

 9  was 18 years of age and eligible to register to vote at the

10  time the attached form or forms were circulated and signed by

11  the listed electors; that he or she circulated the attached

12  form or forms; that each signature thereon was affixed in the

13  circulator's presence; that each signature thereon is the

14  signature of the person whose name it purports to be; that to

15  the best of the circulator's knowledge and belief each of the

16  persons signing the form or forms was, at the time of signing,

17  a registered elector; that the circulator has not provided or

18  received, and will not in the future provide or receive,

19  compensation that is based, directly or indirectly, upon the

20  number of signatures obtained on petitions or petition

21  revocation forms; and that he or she has not paid or will not

22  in the future pay, and that he or she believes that no other

23  person has paid or will pay, directly or indirectly, any money

24  or other thing of value to any signer for the purpose of

25  inducing or causing such signer to affix his or her signature

26  to the form.

27         (d)  A signature on a petition form or petition

28  revocation form regarding ballot placement for an initiative

29  to which an affidavit required by this subsection is not

30  attached is invalid and may not be verified by a supervisor of

31  elections.

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 1         (7)  Each paid petition circulator shall provide to the

 2  sponsor of the initiative amendment for which he or she is

 3  circulating petitions a copy of a valid and current

 4  government-issued photo identification card that accurately

 5  indicates the address at which the paid petition circulator

 6  resides. The sponsor of the initiative shall maintain the

 7  copies of these identification cards in its files and shall

 8  make them available for inspection by any person. If a sponsor

 9  fails to maintain such a copy with respect to a particular

10  paid petition circulator, all petitions obtained by that paid

11  petition circulator prior to the date the sponsor produces the

12  required copy of the identification card are invalid and may

13  not be verified by the supervisor of elections.

14         (8)  If a supervisor of elections or the division seeks

15  to contact a petition circulator at the residence address

16  listed on a petition form, petition revocation form,

17  affidavit, or identification card copy, whichever is dated

18  latest, and receives no response from the petition circulator

19  within 15 days, all petitions obtained by that petition

20  circulator are invalid and may not be verified by the

21  supervisor of elections.

22         (9)  A signature on a petition form or petition

23  revocation form regarding ballot placement for an initiative

24  which does not fully comply with the applicable provisions of

25  this chapter, or which was obtained in violation of the

26  applicable provisions of this chapter or chapter 104, is

27  invalid and may not be verified by a supervisor of elections.

28         Section 5.  Section 101.161, Florida Statutes, is

29  amended to read:

30         101.161  Referenda; ballots.--

31  

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 1         (1)  Whenever a constitutional amendment or other

 2  public measure is submitted to the vote of the people, the

 3  substance of such amendment or other public measure shall be

 4  printed in clear and unambiguous language on the ballot after

 5  the list of candidates, followed by the word "yes" and also by

 6  the word "no," and shall be styled in such a manner that a

 7  "yes" vote will indicate approval of the proposal and a "no"

 8  vote will indicate rejection. The wording of the substance of

 9  the amendment or other public measure and the ballot title to

10  appear on the ballot shall be embodied in the joint

11  resolution, constitutional revision commission proposal,

12  constitutional convention proposal, taxation and budget reform

13  commission proposal, or enabling resolution or ordinance.

14  Except for amendments and ballot language proposed by joint

15  resolution, the substance of the amendment or other public

16  measure shall be an explanatory statement, not exceeding 75

17  words in length, of the chief purpose of the measure. In

18  addition, for every amendment proposed by initiative, the

19  ballot shall include, following the ballot summary, a separate

20  financial impact statement concerning the measure prepared by

21  the Financial Impact Estimating Conference in accordance with

22  s. 100.371(11) s. 100.371(6). The ballot title shall consist

23  of a caption, not exceeding 15 words in length, by which the

24  measure is commonly referred to or spoken of.

25         (2)  The substance and ballot title of a constitutional

26  amendment proposed by initiative shall be prepared by the

27  sponsor and approved by the Secretary of State in accordance

28  with rules adopted pursuant to s. 120.54. The Department of

29  State shall give each proposed constitutional amendment a

30  designating number for convenient reference. This number

31  designation shall appear on the ballot. Designating numbers

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 1  shall be assigned in the order of filing or certification and

 2  in accordance with rules adopted by the Department of State.

 3  The Department of State shall furnish the designating number,

 4  the ballot title, and the substance of each amendment to the

 5  supervisor of elections of each county in which such amendment

 6  is to be voted on.

 7         (3)(a)  The ballot for the general election in the year

 8  2000 must contain a statement allowing voters to determine

 9  whether circuit or county court judges will be selected by

10  merit selection and retention as provided in s. 10, Art. V of

11  the State Constitution. The ballot in each circuit must

12  contain the statement in paragraph (c). The ballot in each

13  county must contain the statement in paragraph (e).

14         (b)  For any general election in which the Secretary of

15  State, for any circuit, or the supervisor of elections, for

16  any county, has certified the ballot position for an

17  initiative to change the method of selection of judges, the

18  ballot for any circuit must contain the statement in paragraph

19  (c) or paragraph (d) and the ballot for any county must

20  contain the statement in paragraph (e) or paragraph (f).

21         (c)  In any circuit where the initiative is to change

22  the selection of circuit court judges to selection by merit

23  selection and retention, the ballot shall state: "Shall the

24  method of selecting circuit court judges in the ...(number of

25  the circuit)... judicial circuit be changed from election by a

26  vote of the people to selection by the judicial nominating

27  commission and appointment by the Governor with subsequent

28  terms determined by a retention vote of the people?" This

29  statement must be followed by the word "yes" and also by the

30  word "no."

31  

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 1         (d)  In any circuit where the initiative is to change

 2  the selection of circuit court judges to election by the

 3  voters, the ballot shall state: "Shall the method of selecting

 4  circuit court judges in the ...(number of the circuit)...

 5  judicial circuit be changed from selection by the judicial

 6  nominating commission and appointment by the Governor with

 7  subsequent terms determined by a retention vote of the people

 8  to election by a vote of the people?" This statement must be

 9  followed by the word "yes" and also by the word "no."

10         (e)  In any county where the initiative is to change

11  the selection of county court judges to merit selection and

12  retention, the ballot shall state: "Shall the method of

13  selecting county court judges in ...(name of county)... be

14  changed from election by a vote of the people to selection by

15  the judicial nominating commission and appointment by the

16  Governor with subsequent terms determined by a retention vote

17  of the people?" This statement must be followed by the word

18  "yes" and also by the word "no."

19         (f)  In any county where the initiative is to change

20  the selection of county court judges to election by the

21  voters, the ballot shall state: "Shall the method of selecting

22  county court judges in ...(name of the county)... be changed

23  from selection by the judicial nominating commission and

24  appointment by the Governor with subsequent terms determined

25  by a retention vote of the people to election by a vote of the

26  people?" This statement must be followed by the word "yes" and

27  also by the word "no."

28         Section 6.  Paragraph (a) of subsection (4) of section

29  101.62, Florida Statutes, is amended to read:

30         101.62  Request for absentee ballots.--

31  

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 1         (4)(a)  To each absent qualified elector overseas who

 2  has requested an absentee ballot, the supervisor of elections

 3  shall, not fewer than 35 days before the first primary

 4  election, mail an absentee ballot.  Not fewer than 45 days

 5  before the second primary and general election, the supervisor

 6  of elections shall mail an advance absentee ballot to those

 7  persons requesting ballots for such elections.  The advance

 8  absentee ballot for the second primary shall be the same as

 9  the first primary absentee ballot as to the names of

10  candidates, except that for any offices where there are only

11  two candidates, those offices and all political party

12  executive committee offices shall be omitted.  Except as

13  provided in ss. 99.063(4) and 100.371(11) 100.371(6), the

14  advance absentee ballot for the general election shall be as

15  specified in s. 101.151, except that in the case of candidates

16  of political parties where nominations were not made in the

17  first primary, the names of the candidates placing first and

18  second in the first primary election shall be printed on the

19  advance absentee ballot. The advance absentee ballot or

20  advance absentee ballot information booklet shall be of a

21  different color for each election and also a different color

22  from the absentee ballots for the first primary, second

23  primary, and general election.  The supervisor shall mail an

24  advance absentee ballot for the second primary and general

25  election to each qualified absent elector for whom a request

26  is received until the absentee ballots are printed. The

27  supervisor shall enclose with the advance second primary

28  absentee ballot and advance general election absentee ballot

29  an explanation stating that the absentee ballot for the

30  election will be mailed as soon as it is printed; and, if both

31  the advance absentee ballot and the absentee ballot for the

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 1  election are returned in time to be counted, only the absentee

 2  ballot will be counted. The Department of State may prescribe

 3  by rule the requirements for preparing and mailing absentee

 4  ballots to absent qualified electors overseas.

 5         Section 7.  Section 104.012, Florida Statutes, is

 6  amended to read:

 7         104.012  Consideration for registration; interference

 8  with registration; soliciting registrations for compensation;

 9  alteration of registration application; failing to submit

10  registration application; copying of voter registration

11  applications.--

12         (1)  Any person who gives anything of value that is

13  redeemable in cash to any person in consideration for his or

14  her becoming a registered voter commits a felony of the third

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084. This section shall not be interpreted, however, to

17  exclude such services as transportation to the place of

18  registration or baby-sitting in connection with the absence of

19  an elector from home for registering.

20         (2)  A person who by bribery, menace, threat, or other

21  corruption, directly or indirectly, influences, deceives, or

22  deters or attempts to influence, deceive, or deter any person

23  in the free exercise of that person's right to register to

24  vote at any time, upon the first conviction, commits a felony

25  of the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084, and, upon any subsequent conviction,

27  commits a felony of the second degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.

29         (3)  A person may not solicit or pay another person to

30  solicit voter registrations for compensation that is based

31  upon the number of registrations obtained. A person who

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 1  violates the provisions of this subsection commits a felony of

 2  the third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084.

 4         (4)  A person who alters the voter registration

 5  application of any other person, without the other person's

 6  knowledge and consent, commits a felony of the third degree,

 7  punishable as provided in s. 775.082, s. 775.083, or s.

 8  775.084.

 9         (5)  Any person who obtains an executed voter

10  registration application from another person and who willfully

11  fails to submit this application to the appropriate supervisor

12  of elections within 10 days commits a felony of the third

13  degree, punishable as provided in s. 775.082, s. 775.083, or

14  s. 775.084.

15         (6)  A person other than the applicant who, without the

16  express written consent of the applicant, copies a signed

17  voter registration application or records information from

18  such an application prior to its submission to the supervisor

19  of elections, or who willfully receives such a copy or

20  recorded information, commits a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         Section 8.  Section 104.185, Florida Statutes, is

24  amended to read:

25         104.185  Violations involving petitions; knowingly

26  signing more than once; signing another person's name or a

27  fictitious name.--

28         (1)  A person who knowingly signs a petition or

29  petitions to secure ballot position for a candidate, a minor

30  political party, or an issue more than one time commits a

31  

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 1  misdemeanor of the first degree, punishable as provided in s.

 2  775.082 or s. 775.083.

 3         (2)  A person who signs another person's name or a

 4  fictitious name to any petition to secure ballot position for

 5  a candidate, a minor political party, or an issue, or to a

 6  petition revocation form, commits a felony misdemeanor of the

 7  third first degree, punishable as provided in s. 775.082, or

 8  s. 775.083, or s. 775.084.

 9         (3)  A person who willfully swears or affirms falsely

10  to any oath or affirmation, or willfully procures another

11  person to swear or affirm falsely to an oath or affirmation,

12  in connection with or arising out of the petitioning process

13  commits a felony of the third degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084.

15         (4)  A person who willfully submits any false

16  information on a petition or petition revocation form commits

17  a felony of the third degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (5)  A person who directly or indirectly gives or

20  promises anything of value to any other person to induce that

21  other person to sign a petition or petition revocation form

22  commits a felony of the third degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         (6)  A person who, by bribery, menace, threat, or other

25  corruption, directly or indirectly influences, deceives, or

26  deters, or attempts to influence, deceive, or deter, any

27  person in the free exercise of that person's right to sign a

28  petition or petition revocation form, upon the first

29  conviction commits a felony of the third degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084, and, upon

31  any subsequent conviction, commits a felony of the second

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 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084.

 3         (7)  A person may not provide or receive compensation

 4  that is based, directly or indirectly, upon the number of

 5  signatures obtained on petitions or petition revocation forms.

 6  A person who violates this subsection commits a felony of the

 7  second degree punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084.

 9         (8)  A person who alters the petition or petition

10  revocation form signed by any other person without the other

11  person's knowledge and consent commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (9)  A person perpetrating, or attempting to perpetrate

15  or aid in the perpetration of, any fraud in connection with

16  obtaining the signature of electors on petition or petition

17  revocation forms commits a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084.

20         (10)  A person other than the signer who, without the

21  express prior written consent of the signer, copies a signed

22  petition or petition revocation form, or records information

23  from such a document prior to its submission to the supervisor

24  of elections for verification, or who willfully receives such

25  a copy or recorded information, commits a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         (11)  In addition to any other penalty provided for by

29  law, if a petition circulator, as defined in s. 100.372(1)(a),

30  violates any provision of this section, the commission may,

31  pursuant to s. 106.265, impose a civil penalty in the form of

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 1  a fine not to exceed $1,000 per violation on any person or

 2  entity on behalf of which the petition circulator was acting

 3  at the time of the violation.

 4         Section 9.  Section 104.42, Florida Statutes, is

 5  amended to read:

 6         104.42  Unlawful registrations, petitions, Fraudulent

 7  registration and illegal voting; investigation.--

 8         (1)  The supervisor of elections is authorized to

 9  investigate unlawful fraudulent registrations, petitions, and

10  illegal voting and to report his or her findings to the local

11  state attorney, the Florida Department of Law Enforcement, and

12  the Florida Elections Commission.

13         (2)  The board of county commissioners in any county

14  may appropriate funds to the supervisor of elections for the

15  purpose of investigating unlawful fraudulent registrations,

16  petitions, and illegal voting.

17         (3)  The supervisor of elections shall document and

18  report suspected unlawful registrations, petitions, and voting

19  to the Attorney General within 10 days.

20         Section 10.  Any signature gathered on an authorized

21  form for an initiative petition which has been submitted for

22  verification prior to the effective date of this act may be

23  verified and counted, if otherwise valid. However, any

24  petition form that is submitted for verification on or after

25  the effective date of this act shall be verified and counted

26  only if it complies with this act. Any initiative petition

27  form approved by the Secretary of State prior to the effective

28  date of this act is invalidated, and a new petition form must

29  be resubmitted to the Secretary of State for approval in

30  accordance with the requirements of this act prior to

31  obtaining elector signatures.

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 1         Section 11.  If any provision of this act or its

 2  application to any person or circumstance is held invalid, the

 3  invalidity does not affect other provisions or applications of

 4  the act which can be given effect without the invalid

 5  provision or application, and to this end the provisions of

 6  this act are declared severable.

 7         Section 12.  This act shall take effect October 1,

 8  2005.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Revises the process related to gathering, submission, and
      verification of petitions. Provides requirements for
13    petition gatherers, including paid petition gatherers.
      Requires certain information to be included on petition
14    forms at the time signatures are sought and when
      submitted for verification. Prohibits certain conduct
15    related to the petition process and to submission and
      copying completed voter registration applications and
16    provides criminal penalties therefor. Provides that
      signatures submitted for verification before October 1,
17    2005, need not comply with the amended standards but that
      previously approved forms must be resubmitted for
18    approval under the amended standards.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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