Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2086
                        Barcode 912202
                            CHAMBER ACTION
              Senate                               House
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       04/27/2005 04:30 PM         .                    
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11  The Committee on Judiciary (Posey) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 97.012, Florida Statutes, is
19  amended to read:
20         97.012  Secretary of State as chief election
21  officer.--The Secretary of State is the chief election officer
22  of the state, and it is his or her responsibility to:
23         (1)  Obtain and maintain uniformity in the application,
24  operation, and interpretation of the election laws.
25         (2)  Provide uniform standards for the proper and
26  equitable implementation of the registration laws.
27         (3)  Actively seek out and collect the data and
28  statistics necessary to knowledgeably scrutinize the
29  effectiveness of election laws.
30         (4)  Provide technical assistance to the supervisors of
31  elections on voter education and election personnel training
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 services. 2 (5) Provide technical assistance to the supervisors of 3 elections on voting systems. 4 (6) Provide voter education assistance to the public. 5 Voter education activities of the department or of the 6 department in combination with the supervisors of elections, 7 either individually or in the aggregate, or with their 8 respective professional associations, are not subject to the 9 competitive-solicitation requirements of s. 287.057(5). 10 (7) Coordinate the state's responsibilities under the 11 National Voter Registration Act of 1993. 12 (8) Provide training to all affected state agencies on 13 the necessary procedures for proper implementation of this 14 chapter. 15 (9) Ensure that all registration applications and 16 forms prescribed or approved by the department are in 17 compliance with the Voting Rights Act of 1965 and the National 18 Voter Registration Act of 1993. 19 (10) Coordinate with the United States Department of 20 Defense so that armed forces recruitment offices administer 21 voter registration in a manner consistent with the procedures 22 set forth in this code for voter registration agencies. 23 (11) Create and administer maintain a statewide voter 24 registration system as required by the Help America Vote Act 25 of 2002 database. 26 (12) Maintain a voter fraud hotline and provide 27 election fraud education to the public. 28 (13) Designate an office within the department to be 29 responsible for providing information regarding voter 30 registration procedures and absentee ballot procedures to 31 absent uniformed services voters and overseas voters. 2 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (14) Conduct preliminary investigations into any 2 irregularities or fraud involving voter registration, voting, 3 or candidate or issue petition activities and report his or 4 her findings to the statewide prosecutor or the state attorney 5 for the judicial circuit in which the alleged violation 6 occurred for prosecution, if warranted. The Department of 7 State may prescribe by rule requirements for filing an 8 elections-fraud complaint and for investigating any such 9 complaint. 10 Section 2. Subsection (3) and present subsections (24) 11 and (39) of section 97.021, Florida Statutes, are amended, 12 present subsections (8) through (33) of that section are 13 redesignated as subsections (10) through (35), respectively, 14 present subsections (34) through (39) of that section are 15 redesignated as subsections (37) through (42), respectively, 16 and new subsections (8), (9), and (36) are added to that 17 section, to read: 18 97.021 Definitions.--For the purposes of this code, 19 except where the context clearly indicates otherwise, the 20 term: 21 (3) "Ballot" or "official ballot" when used in 22 reference to: 23 (a) "Marksense Paper ballots" means that printed sheet 24 of paper, used in conjunction with an electronic or 25 electromechanical vote tabulation voting system, containing 26 the names of candidates, or a statement of proposed 27 constitutional amendments or other questions or propositions 28 submitted to the electorate at any election, on which sheet of 29 paper an elector casts his or her vote. 30 (b) "Electronic or electromechanical devices" means a 31 ballot that is voted by the process of electronically 3 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 designating, including by touchscreen, or marking with a 2 marking device for tabulation by automatic tabulating 3 equipment or data processing equipment. 4 (8) "Early voting area" means the area designated by 5 the supervisor of elections at an early voting site at which 6 early voting activities occur, including, but not limited to, 7 lines of voters waiting to be processed, the area where voters 8 check in and are processed, and the area where voters cast 9 their ballots. 10 (9) "Early voting site" means those locations 11 specified in s. 101.657 and the building in which early voting 12 occurs. 13 (26)(24) "Polling room" means the actual room in which 14 ballots are cast on election day and during early voting. 15 (36) "Third-party registration organization" means any 16 person, entity, or organization soliciting or collecting voter 17 registration applications. A third-party voter registration 18 organization does not include: 19 (a) A political party; 20 (b) A person who seeks only to register to vote or 21 collect voter registration applications from that person's 22 spouse, child, or parent; or 23 (c) A person engaged in registering to vote or 24 collecting voter registration applications as an employee or 25 agent of the division, supervisor of elections, Department of 26 Highway Safety and Motor Vehicles, or a voter registration 27 agency. 28 (42)(39) "Voting system" means a method of casting and 29 processing votes that functions wholly or partly by use of 30 electromechanical or electronic apparatus or by use of 31 marksense paper ballots and includes, but is not limited to, 4 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 the procedures for casting and processing votes and the 2 programs, operating manuals, supplies tabulating cards, 3 printouts, and other software necessary for the system's 4 operation. 5 Section 3. Section 97.029, Florida Statutes, is 6 created to read: 7 97.029 Attorney's fees and costs.-- 8 (1) An award of attorney's fees and costs shall be 9 made to the prevailing party in any court or administrative 10 proceeding, including any action for injunctive relief, 11 challenging the application, interpretation, or 12 constitutionality of any election law or voter-registration 13 law. 14 (2)(a) The term "attorney's fees and costs" means the 15 reasonable and necessary attorney's fees and costs incurred 16 for all preparations, motions, hearings, trials, and appeals 17 in a proceeding. 18 (b) The term "prevailing party" means the party that 19 received a final judgment or order in its favor and such 20 judgment or order has not been reversed on appeal or the time 21 for seeking judicial review of the judgment or order has 22 expired. If an action was voluntarily dismissed or dismissed 23 pursuant to a settlement of the case, there is no prevailing 24 party. 25 (3) Within 60 days after a party becomes a prevailing 26 party, the attorney for the prevailing party must submit an 27 itemized affidavit to the court that first conducted the 28 adversarial proceeding in the underlying action or, in the 29 case of a proceeding pursuant to chapter 120, to the Division 30 of Administrative Hearings, which shall assign an 31 administrative law judge. The affidavit must detail the nature 5 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 and extent of the services rendered by the attorney as well as 2 the costs incurred in preparations, motions, hearings, and 3 appeals in the proceeding. 4 (4) The court, or the administrative law judge in a 5 proceeding under chapter 120, shall promptly conduct an 6 evidentiary hearing on the application for an award of 7 attorney's fees and shall issue a judgment or a final order in 8 a proceeding under chapter 120. The final order of an 9 administrative law judge is reviewable in accordance with s. 10 120.68. If the court affirms the award of attorney's fees and 11 costs in whole or in part, it may award additional attorney's 12 fees and costs for the appeal. 13 (5) A party may not be required to pay an award of 14 attorney's fees and costs under this section in an amount that 15 exceeds $200,000. 16 Section 4. Section 97.051, Florida Statutes, is 17 amended to read: 18 97.051 Oath upon registering.--A person registering to 19 vote must subscribe to the following oath: "I do solemnly 20 swear (or affirm) that I will protect and defend the 21 Constitution of the United States and the Constitution of the 22 State of Florida, that I am qualified to register as an 23 elector under the Constitution and laws of the State of 24 Florida, and that all information provided in this application 25 is true I am a citizen of the United States and a legal 26 resident of Florida." 27 Section 5. Section 97.052, Florida Statutes, is 28 amended to read: 29 97.052 Uniform statewide voter registration 30 application.-- 31 (1) The department shall prescribe a uniform statewide 6 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 voter registration application for use in this state. 2 (a) The uniform statewide voter registration 3 application must be accepted for any one or more of the 4 following purposes: 5 1. Initial registration. 6 2. Change of address. 7 3. Change of party affiliation. 8 4. Change of name. 9 5. Replacement of a voter registration identification 10 card. 11 6. Signature update. 12 (b) The department is responsible for printing the 13 uniform statewide voter registration application and the voter 14 registration application form prescribed by the Federal 15 Election Assistance Commission pursuant to federal law the 16 National Voter Registration Act of 1993. The applications and 17 forms must be distributed, upon request, to the following: 18 1. Individuals seeking to register to vote. 19 2. Individuals or groups conducting voter registration 20 programs. A charge of 1 cent per application shall be assessed 21 on requests for 10,000 or more applications. 22 3. The Department of Highway Safety and Motor 23 Vehicles. 24 4. Voter registration agencies. 25 5. Armed forces recruitment offices. 26 6. Qualifying educational institutions. 27 7. Supervisors, who must make the applications and 28 forms available in the following manner: 29 a. By distributing the applications and forms in their 30 offices to any individual or group. 31 b. By distributing the applications and forms at other 7 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 locations designated by each supervisor. 2 c. By mailing the applications and forms to applicants 3 upon the request of the applicant. 4 (c) The uniform statewide voter registration 5 application may be reproduced by any private individual or 6 group, provided the reproduced application is in the same 7 format as the application prescribed under this section. 8 (2) The uniform statewide voter registration 9 application must be designed to elicit the following 10 information from the applicant: 11 (a) Full name. 12 (b) Date of birth. 13 (c) Address of legal residence. 14 (d) Mailing address, if different. 15 (e) County of legal residence. 16 (f) Address of property for which the applicant has 17 been granted a homestead exemption, if any. 18 (f)(g) Race or ethnicity that best describes the 19 applicant: 20 1. American Indian or Alaskan Native. 21 2. Asian or Pacific Islander. 22 3. Black, not Hispanic. 23 4. White, not Hispanic. 24 5. Hispanic. 25 (g)(h) State or country of birth. 26 (h)(i) Sex. 27 (i)(j) Party affiliation. 28 (j)(k) Whether the applicant needs assistance in 29 voting. 30 (k)(l) Name and address where last registered. 31 (l)(m) Last four digits of the applicant's social 8 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 security number. 2 (m)(n) Florida driver's license number or the 3 identification number from a Florida identification card 4 issued under s. 322.051. 5 (n)(o) Telephone number (optional). 6 (o)(p) Signature of applicant under penalty for false 7 swearing pursuant to s. 104.011, by which the person 8 subscribes to the oath required by s. 3, Art. VI of the State 9 Constitution and s. 97.051, and swears or affirms that the 10 information contained in the registration application is true. 11 (p)(q) Whether the application is being used for 12 initial registration, to update a voter registration record, 13 or to request a replacement registration identification card. 14 (q)(r) Whether the applicant is a citizen of the 15 United States by asking the question "Are you a citizen of the 16 United States of America?" and providing boxes for the 17 applicant to check to indicate whether the applicant is or is 18 not a citizen of the United States. 19 (r)(s) Whether That the applicant has not been 20 convicted of a felony, and or, if convicted, has had his or 21 her civil rights restored by including the statement "I affirm 22 I am not a convicted felon, or if I am, my rights relating to 23 voting have been restored" and providing a box for the 24 applicant to affirm the statement. 25 (s)(t) Whether That the applicant has not been 26 adjudicated mentally incapacitated with respect to voting or, 27 if so adjudicated, has had his or her right to vote restored 28 by including the statement "I affirm I have not been 29 adjudicated mentally incapacitated with respect to voting or, 30 if I have, my competency has been restored" and providing a 31 box for the applicant to check to affirm the statement. 9 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 2 The registration form must be in plain language and designed 3 so that convicted felons whose civil rights have been restored 4 and persons who have been adjudicated mentally incapacitated 5 and have had their voting rights restored are not required to 6 reveal their prior conviction or adjudication. 7 (3) The uniform statewide voter registration 8 application must also contain: 9 (a) The oath required by s. 3, Art. VI of the State 10 Constitution and s. 97.051. 11 (b) A statement specifying each eligibility 12 requirement under s. 97.041. 13 (c) The penalties provided in s. 104.011 for false 14 swearing in connection with voter registration. 15 (d) A statement that, if an applicant declines to 16 register to vote, the fact that the applicant has declined to 17 register will remain confidential and may be used only for 18 voter registration purposes. 19 (e) A statement that informs the applicant who chooses 20 to register to vote or update a voter registration record that 21 the office at which the applicant submits a voter registration 22 application or updates a voter registration record will remain 23 confidential and may be used only for voter registration 24 purposes. 25 (f) A statement that informs the applicant that any 26 person who has been granted a homestead exemption in this 27 state, and who registers to vote in any precinct other than 28 the one in which the property for which the homestead 29 exemption has been granted, shall have that information 30 forwarded to the property appraiser where such property is 31 located, which may result in the person's homestead exemption 10 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 being terminated and the person being subject to assessment of 2 back taxes under s. 193.092, unless the homestead granted the 3 exemption is being maintained as the permanent residence of a 4 legal or natural dependent of the owner and the owner resides 5 elsewhere. 6 (f)(g) A statement informing an the applicant who has 7 not been issued a Florida driver's license, a Florida 8 identification card, or a social security number that if the 9 application form is submitted by mail and the applicant is 10 registering for the first time in Florida, the applicant will 11 be required to provide identification prior to voting the 12 first time. 13 (4) A supervisor may produce a voter registration 14 application that has the supervisor's direct mailing address 15 if the department has reviewed the application and determined 16 that it is substantially the same as the uniform statewide 17 voter registration application. 18 (5) The voter registration application form prescribed 19 by the Federal Election Assistance Commission pursuant to 20 federal law the National Voter Registration Act of 1993 or the 21 federal postcard application must be accepted as an 22 application for registration in this state if the completed 23 application or postcard application contains the information 24 required by the constitution and laws of this state. 25 Section 6. Section 97.053, Florida Statutes, is 26 amended to read: 27 97.053 Acceptance of voter registration 28 applications.-- 29 (1) Voter registration applications, changes in 30 registration, and requests for a replacement registration 31 identification card must be accepted in the office of any 11 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 supervisor, the division, a driver license office, a voter 2 registration agency, or an armed forces recruitment office 3 when hand delivered by the applicant or a third party during 4 the hours that office is open or when mailed. 5 (2) A completed voter registration application is 6 complete and that contains the information necessary to 7 establish an applicant's eligibility pursuant to s. 97.041 8 becomes the official voter registration record of that 9 applicant when all information necessary to establish the 10 applicant's eligibility pursuant to s. 97.041 is received by 11 the appropriate supervisor. If the applicant fails to complete 12 his or her voter registration application before the date of 13 book closing for an election, such applicant is not eligible 14 to vote in that election. 15 (3) The registration date for a valid initial voter 16 registration application that has been hand delivered is the 17 date when received by a driver license office, a voter 18 registration agency, an armed forces recruitment office, the 19 division, or the office of any supervisor in the state. 20 (4) The registration date for a valid initial voter 21 registration application that has been mailed to a driver 22 license office, a voter registration agency, an armed forces 23 recruitment office, the division, or the office of any 24 supervisor in the state and bears a clear postmark is the date 25 of that the postmark. If an initial voter registration 26 application that has been mailed does not bear a postmark or 27 if the postmark is unclear, the registration date is the date 28 the registration is received by any supervisor or the 29 division, unless it is received within 5 days after the 30 closing of the books for an election, excluding Saturdays, 31 Sundays, and legal holidays, in which case the registration 12 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 date is the book-closing date. 2 (5)(a) A voter registration application is complete if 3 it contains the following information necessary to establish 4 eligibility pursuant to s. 97.041: 5 1. The applicant's name. 6 2. The applicant's legal residence address. 7 3. The applicant's date of birth. 8 4. A mark in the checkbox affirming An indication that 9 the applicant is a citizen of the United States. 10 5. The applicant's Florida driver's license number, 11 the identification number from a Florida identification card 12 issued under s. 322.051, or the last four digits of the 13 applicant's social security number. 14 6. A mark in the checkbox affirming An indication that 15 the applicant has not been convicted of a felony or that, if 16 convicted, has had his or her civil rights restored. 17 7. A mark in the checkbox affirming An indication that 18 the applicant has not been adjudicated mentally incapacitated 19 with respect to voting or that, if so adjudicated, has had his 20 or her right to vote restored. 21 8. The original signature of the applicant swearing or 22 affirming under the penalty for false swearing pursuant to s. 23 104.011 that the information contained in the registration 24 application is true and subscribing to the oath required by s. 25 3, Art. VI of the State Constitution and s. 97.051. 26 (b) An applicant who fails to designate party 27 affiliation must be registered without party affiliation. The 28 supervisor must notify the voter by mail that the voter has 29 been registered without party affiliation and that the voter 30 may change party affiliation as provided in s. 97.1031. 31 Section 7. Subsection (1) of section 97.055, Florida 13 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Statutes, is amended to read: 2 97.055 Registration books; when closed for an 3 election.-- 4 (1) The registration books must be closed on the 29th 5 day before each election and must remain closed until after 6 that election. If an election is called and there are fewer 7 than 29 days before that election, the registration books must 8 be closed immediately. When the registration books are closed 9 for an election, updates to a voter's name, address, and 10 signature pursuant to ss. 98.077 and 101.045 shall be the only 11 changes permitted for purposes of the upcoming election. Voter 12 registration applications and party changes must be accepted 13 but only for the purpose of subsequent elections. However, 14 party changes received between the book-closing date of the 15 first primary election and the date of the second primary 16 election are not effective until after the second primary 17 election. 18 Section 8. Section 97.0575, Florida Statutes, is 19 created to read: 20 97.0575 Third-party voter registrations.-- 21 (1) Prior to engaging in any voter-registration 22 activities, a third-party voter registration organization 23 shall name a registered agent in the state and submit to the 24 division, in a form adopted by the division, the name of the 25 registered agent and the name of those individuals responsible 26 for the day-to-day operation of the third-party voter 27 registration organization, including, if applicable, the names 28 of the entity's board of directors, president, vice president, 29 managing partner, or such other individuals engaged in similar 30 duties or functions. On or before the 15th day after the end 31 of each calendar quarter, each third-party voter registration 14 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 organization shall submit to the division a report providing 2 the date and location of any organized voter-registration 3 drives conducted by the organization in the prior calendar 4 quarter. 5 (2) The failure to submit the information required by 6 subsection (1) does not subject the third-party voter 7 registration organization to any civil or criminal penalties 8 for such failure and the failure to submit such information is 9 not a basis for denying such third-party voter registration 10 organization with copies of voter-registration application 11 forms. 12 (3) A third-party voter registration organization that 13 collects voter-registration applications serves as a fiduciary 14 to the applicant, ensuring that any voter-registration 15 application entrusted to the third-party voter registration 16 organization, irrespective of party affiliation, race, 17 ethnicity, or gender shall be promptly delivered to the 18 division or the supervisor of elections. If a 19 voter-registration application collected by any third-party 20 voter registration organization is not delivered to the 21 division or supervisor of elections, the individual collecting 22 the voter-registration application, the registered agent, and 23 those individuals responsible for the day-to-day operation of 24 the third-party voter registration organization, including, if 25 applicable, the entity's board of directors, president, vice 26 president, managing partner, or such other individuals engaged 27 in similar duties or functions, shall be personally and 28 jointly and severally liable for the following fines: 29 (a) A fine in the amount of $250 for each application 30 received by the division or the supervisor of elections more 31 than 10 days after the applicant delivered the completed 15 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 voter-registration application to the third-party voter 2 registration organization or any person, entity, or agent 3 acting on its behalf. 4 (b) A fine in the amount of $500 for each application 5 collected by a third-party voter registration organization or 6 any person, entity, or agent acting on its behalf, prior to 7 book closing for any given election for federal or state 8 office and received by the division or the supervisor of 9 elections after the book closing deadline for such election. 10 (c) A fine in the amount of $5,000 for each 11 application collected by a third-party voter registration 12 organization or any person, entity, or agent acting on its 13 behalf, which is not submitted to the division or supervisor 14 of elections. 15 16 The fines provided in this subsection shall be reduced by 17 three-fourths in cases in which the third-party voter 18 registration organization has complied with subsection (1). 19 (4)(a) The division shall adopt by rule a form to 20 elicit specific information concerning the facts and 21 circumstances from a person who claims to have been registered 22 by a third-party voter registration organization but who does 23 not appear as an active voter on the voter-registration rolls. 24 (b) The division may investigate any violation of this 25 section. Civil fines shall be assessed by the division and 26 enforced through any appropriate legal proceedings. 27 (5) The date on which an applicant signs a 28 voter-registration application is presumed to be the date on 29 which the third-party voter registration organization received 30 or collected the voter-registration application. 31 (6) The civil fines provided in this section are in 16 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 addition to any applicable criminal penalties. 2 (7) Fines collected pursuant to this section shall be 3 annually appropriated by the Legislature to the department for 4 enforcement of this section and for voter education. 5 (8) The division may adopt rules to administer this 6 section. 7 Section 9. Section 97.071, Florida Statutes, is 8 amended to read: 9 97.071 Registration identification card.-- 10 (1) The supervisor must furnish a registration 11 identification card must be furnished to all voters 12 registering under the permanent single registration system and 13 must contain: 14 (a) Voter's registration number. 15 (b) Date of registration. 16 (c) Full name. 17 (d) Party affiliation. 18 (e) Date of birth. 19 (f) Race or ethnicity, if provided by the applicant. 20 (g) Sex, if provided by the applicant. 21 (h) Address of legal residence. 22 (i) Precinct number. 23 (j) Name of supervisor. 24 (k) Place for voter's signature. 25 (l) Other information deemed necessary by the 26 department. 27 (2) A voter may receive a replacement of a 28 registration identification card by providing a signed, 29 written request for a replacement card to the supervisor. Upon 30 verification of registration, the supervisor shall issue the 31 voter a duplicate card without charge. 17 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (3) In the case of a change of name, address, or party 2 affiliation, the supervisor must issue the voter a new 3 registration identification card. However, a registration 4 identification card indicating a party affiliation change made 5 between the book-closing date for the first primary election 6 and the date of the second primary election may not be issued 7 until after the second primary election. 8 Section 10. Subsection (3) of section 98.045, Florida 9 Statutes, is amended to read: 10 98.045 Administration of voter registration.-- 11 (3) Notwithstanding the provisions of s. ss. 98.095 12 and 98.0977, each supervisor shall maintain for at least 2 13 years, and make available for public inspection and copying, 14 all records concerning implementation of registration list 15 maintenance programs and activities conducted pursuant to ss. 16 98.065, 98.075, and 98.0977. The records must include lists of 17 the name and address of each person to whom an address 18 confirmation final notice was sent and information as to 19 whether each such person responded to the mailing, but may not 20 include any information that is confidential or exempt from 21 public records requirements under this code. 22 Section 11. Section 98.077, Florida Statutes, is 23 amended to read: 24 98.077 Update of voter signature.--The supervisor of 25 elections shall provide to each registered voter of the county 26 the opportunity to update his or her signature on file at the 27 supervisor's office by providing notification of the ability 28 to do so in any correspondence, other than postcard 29 notifications, sent to the voter. The notice shall advise 30 when, where, and how to update the signature and shall provide 31 the voter information on how to obtain a form from the 18 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 supervisor that can be returned to update the signature. In 2 addition, at least once during each general election year, the 3 supervisor shall publish in a newspaper of general circulation 4 or other newspaper in the county deemed appropriate by the 5 supervisor a notice specifying when, where, or how a voter can 6 update his or her signature that is on file or how a voter can 7 obtain a form from the supervisor to do so. All signature 8 updates for use in verifying absentee and provisional ballots 9 must be received by the appropriate supervisor of elections no 10 later than 5 p.m. of the fifth day prior to the election. The 11 signature on file at 5 p.m. on the fifth day before the 12 election is the signature that shall be used in verifying the 13 signature on the absentee and provisional ballot certificates. 14 Section 12. Section 99.061, Florida Statutes, is 15 amended to read: 16 99.061 Method of qualifying for nomination or election 17 to federal, state, county, or district office.-- 18 (1) The provisions of any special act to the contrary 19 notwithstanding, each person seeking to qualify for nomination 20 or election to a federal, state, or multicounty district 21 office, other than election to a judicial office as defined in 22 chapter 105 or the office of school board member, shall file 23 his or her qualification papers with, and pay the qualifying 24 fee, which shall consist of the filing fee and election 25 assessment, and party assessment, if any has been levied, to, 26 the Department of State, or qualify by the petition process 27 pursuant to s. 99.095 alternative method with the Department 28 of State, at any time after noon of the 1st day for 29 qualifying, which shall be as follows: the 120th day prior to 30 the first primary, but not later than noon of the 116th day 31 prior to the date of the first primary, for persons seeking to 19 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualify for nomination or election to federal office; and noon 2 of the 50th day prior to the first primary, but not later than 3 noon of the 46th day prior to the date of the first primary, 4 for persons seeking to qualify for nomination or election to a 5 state or multicounty district office. 6 (2) The provisions of any special act to the contrary 7 notwithstanding, each person seeking to qualify for nomination 8 or election to a county office, or district or special 9 district office not covered by subsection (1), shall file his 10 or her qualification papers with, and pay the qualifying fee, 11 which shall consist of the filing fee and election assessment, 12 and party assessment, if any has been levied, to, the 13 supervisor of elections of the county, or shall qualify by the 14 petition process pursuant to s. 99.095 alternative method with 15 the supervisor of elections, at any time after noon of the 1st 16 day for qualifying, which shall be the 50th day prior to the 17 first primary or special district election, but not later than 18 noon of the 46th day prior to the date of the first primary or 19 special district election. However, if a special district 20 election is held at the same time as the second primary or 21 general election, qualifying shall be the 50th day prior to 22 the first primary, but not later than noon of the 46th day 23 prior to the date of the first primary. Within 30 days after 24 the closing of qualifying time, the supervisor of elections 25 shall remit to the secretary of the state executive committee 26 of the political party to which the candidate belongs the 27 amount of the filing fee, two-thirds of which shall be used to 28 promote the candidacy of candidates for county offices and the 29 candidacy of members of the Legislature. 30 (3)(a) Each person seeking to qualify for election to 31 office as a write-in candidate shall file his or her 20 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualification papers with the respective qualifying officer at 2 any time after noon of the 1st day for qualifying, but not 3 later than noon of the last day of the qualifying period for 4 the office sought. 5 (b) Any person who is seeking election as a write-in 6 candidate shall not be required to pay a filing fee, election 7 assessment, or party assessment. A write-in candidate shall 8 not be entitled to have his or her name printed on any ballot; 9 however, space for the write-in candidate's name to be written 10 in shall be provided on the general election ballot. No 11 person may qualify as a write-in candidate if the person has 12 also otherwise qualified for nomination or election to such 13 office. 14 (4) At the time of qualifying for office, each 15 candidate for a constitutional office shall file a full and 16 public disclosure of financial interests pursuant to s. 8, 17 Art. II of the State Constitution, and a candidate for any 18 other office, including local elective office, shall file a 19 statement of financial interests pursuant to s. 112.3145. 20 (5) The Department of State shall certify to the 21 supervisor of elections, within 7 days after the closing date 22 for qualifying, the names of all duly qualified candidates for 23 nomination or election who have qualified with the Department 24 of State. 25 (6) Notwithstanding the qualifying period prescribed 26 in this section, if a candidate has submitted the necessary 27 petitions by the required deadline in order to qualify by the 28 petition process pursuant to s. 99.095 alternative method as a 29 candidate for nomination or election and the candidate is 30 notified after the 5th day prior to the last day for 31 qualifying that the required number of signatures has been 21 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 obtained, the candidate is entitled to subscribe to the 2 candidate's oath and file the qualifying papers at any time 3 within 5 days from the date the candidate is notified that the 4 necessary number of signatures has been obtained. Any 5 candidate who qualifies within the time prescribed in this 6 subsection is entitled to have his or her name printed on the 7 ballot. 8 (7)(a) In order for a candidate to be qualified, the 9 following items must be received by the filing officer by the 10 end of the qualifying period: 11 1. A properly executed check drawn upon the 12 candidate's campaign account in an amount not less than the 13 fee required by s. 99.092 or, in lieu thereof, as applicable, 14 the copy of the notice of obtaining ballot position pursuant 15 to s. 99.095 or the undue burden oath authorized pursuant to 16 s. 99.0955 or s. 99.096. If a candidate's check is returned 17 by the bank for any reason, the filing officer shall 18 immediately notify the candidate and the candidate shall, the 19 end of qualifying notwithstanding, have 48 hours from the time 20 such notification is received, excluding Saturdays, Sundays, 21 and legal holidays, to pay the fee with a cashier's check 22 purchased from funds of the campaign account. Failure to pay 23 the fee as provided in this subparagraph shall disqualify the 24 candidate. 25 2. The candidate's oath required by s. 99.021, which 26 must contain the name of the candidate as it is to appear on 27 the ballot; the office sought, including the district or group 28 number if applicable; and the signature of the candidate, duly 29 acknowledged. 30 3. The loyalty oath required by s. 876.05, signed by 31 the candidate and duly acknowledged. 22 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 4. If the office sought is partisan, the written 2 statement of political party affiliation required by s. 3 99.021(1)(b). 4 5. The completed form for the appointment of campaign 5 treasurer and designation of campaign depository, as required 6 by s. 106.021. 7 6. The full and public disclosure or statement of 8 financial interests required by subsection (4). A public 9 officer who has filed the full and public disclosure or 10 statement of financial interests with the Commission on Ethics 11 or the supervisor of elections prior to qualifying for office 12 may file a copy of that disclosure at the time of qualifying. 13 (b) If the filing officer receives qualifying papers 14 that do not include all items as required by paragraph (a) 15 prior to the last day of qualifying, the filing officer shall 16 make a reasonable effort to notify the candidate of the 17 missing or incomplete items and shall inform the candidate 18 that all required items must be received by the close of 19 qualifying. A candidate's name as it is to appear on the 20 ballot may not be changed after the end of qualifying. 21 (8) Notwithstanding the qualifying period prescribed 22 in this section, a qualifying office may accept and hold 23 qualifying papers submitted not earlier than 14 days prior to 24 the beginning of the qualifying period, to be processed and 25 filed during the qualifying period. 26 (9)(8) Notwithstanding the qualifying period 27 prescribed by this section, in each year in which the 28 Legislature apportions the state, the qualifying period for 29 persons seeking to qualify for nomination or election to 30 federal office shall be between noon of the 57th day prior to 31 the first primary, but not later than noon of the 53rd day 23 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 prior to the first primary. 2 (10)(9) The Department of State may prescribe by rule 3 requirements for filing papers to qualify as a candidate under 4 this section. 5 Section 13. Section 99.063, Florida Statutes, is 6 amended to read: 7 99.063 Candidates for Governor and Lieutenant 8 Governor.-- 9 (1) No later than 5 p.m. of the 9th day following the 10 second primary election, each candidate for Governor shall 11 designate a Lieutenant Governor as a running mate. Such 12 designation must be made in writing to the Department of 13 State. 14 (2) No later than 5 p.m. of the 9th day following the 15 second primary election, each designated candidate for 16 Lieutenant Governor shall file with the Department of State: 17 (a) The candidate's oath required by s. 99.021, which 18 must contain the name of the candidate as it is to appear on 19 the ballot; the office sought; and the signature of the 20 candidate, duly acknowledged. 21 (b) The loyalty oath required by s. 876.05, signed by 22 the candidate and duly acknowledged. 23 (c) If the office sought is partisan, the written 24 statement of political party affiliation required by s. 25 99.021(1)(b). 26 (d) The full and public disclosure of financial 27 interests pursuant to s. 8, Art. II of the State Constitution. 28 A public officer who has filed the full and public disclosure 29 with the Commission on Ethics prior to qualifying for office 30 may file a copy of that disclosure at the time of qualifying. 31 (3) A designated candidate for Lieutenant Governor is 24 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 not required to pay a separate qualifying fee or obtain 2 signatures on petitions. Ballot position obtained by the 3 candidate for Governor entitles the designated candidate for 4 Lieutenant Governor, upon receipt by the Department of State 5 of the qualifying papers required by subsection (2), to have 6 his or her name placed on the ballot for the joint candidacy. 7 (4) In order to have the name of the candidate for 8 Lieutenant Governor printed on the first or second primary 9 election ballot, a candidate for Governor participating in the 10 primary must designate the candidate for Lieutenant Governor, 11 and the designated candidate must qualify no later than the 12 end of the qualifying period specified in s. 99.061. If the 13 candidate for Lieutenant Governor has not been designated and 14 has not qualified by the end of the qualifying period 15 specified in s. 99.061, the phrase "Not Yet Designated" must 16 be included in lieu of the candidate's name on primary 17 election ballots and on advance absentee ballots for the 18 general election. 19 (5) Failure of the Lieutenant Governor candidate to be 20 designated and qualified by the time specified in subsection 21 (2) shall result in forfeiture of ballot position for the 22 candidate for Governor for the general election. 23 Section 14. Section 99.092, Florida Statutes, is 24 amended to read: 25 99.092 Qualifying fee of candidate; notification of 26 Department of State.-- 27 (1) Each person seeking to qualify for nomination or 28 election to any office, except a person seeking to qualify by 29 the petition process alternative method pursuant to s. 99.095, 30 s. 99.0955, or s. 99.096 and except a person seeking to 31 qualify as a write-in candidate, shall pay a qualifying fee, 25 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 which shall consist of a filing fee and election assessment, 2 to the officer with whom the person qualifies, and any party 3 assessment levied, and shall attach the original or signed 4 duplicate of the receipt for his or her party assessment or 5 pay the same, in accordance with the provisions of s. 103.121, 6 at the time of filing his or her other qualifying papers. The 7 amount of the filing fee is 3 percent of the annual salary of 8 the office. The amount of the election assessment is 1 9 percent of the annual salary of the office sought. The 10 election assessment shall be deposited into the Elections 11 Commission Trust Fund. The amount of the party assessment is 12 2 percent of the annual salary. The annual salary of the 13 office for purposes of computing the filing fee, election 14 assessment, and party assessment shall be computed by 15 multiplying 12 times the monthly salary, excluding any special 16 qualification pay, authorized for such office as of July 1 17 immediately preceding the first day of qualifying. No 18 qualifying fee shall be returned to the candidate unless the 19 candidate withdraws his or her candidacy before the last date 20 to qualify. If a candidate dies prior to an election and has 21 not withdrawn his or her candidacy before the last date to 22 qualify, the candidate's qualifying fee shall be returned to 23 his or her designated beneficiary, and, if the filing fee or 24 any portion thereof has been transferred to the political 25 party of the candidate, the Secretary of State shall direct 26 the party to return that portion to the designated beneficiary 27 of the candidate. 28 (2) The supervisor of elections shall, immediately 29 after the last day for qualifying, submit to the Department of 30 State a list containing the names, party affiliations, and 31 addresses of all candidates and the offices for which they 26 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualified. 2 Section 15. Section 99.095, Florida Statutes, is 3 amended to read: 4 (Substantial rewording of section. See 5 s. 99.095, F.S., for present text.) 6 99.095 Petition process in lieu of a qualifying fee 7 and party assessment.-- 8 (1) A person who seeks to qualify as a candidate for 9 any office and who meets the petition requirements of this 10 section is not required to pay the qualifying fee or party 11 assessment required by this chapter. 12 (2)(a) A candidate shall obtain the number of 13 signatures of voters in the geographical area represented by 14 the office sought equal to at least 1 percent of the total 15 number of registered voters of that geographical area, as 16 shown by the compilation by the department for the last 17 preceding general election. Signatures may not be obtained 18 until the candidate has filed the appointment of campaign 19 treasurer and designation of campaign depository pursuant to 20 s. 106.021. 21 (b) The format of the petition shall be prescribed by 22 the division and shall be used by candidates to reproduce 23 petitions for circulation. If the candidate is running for an 24 office that requires a group or district designation, the 25 petition must indicate that designation and if it does not, 26 the signatures are not valid. A separate petition is required 27 for each candidate. 28 (3) Each petition must be submitted before noon of the 29 28th day preceding the first day of the qualifying period for 30 the office sought to the supervisor of elections of the county 31 in which such petition was circulated. Each supervisor shall 27 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 check the signatures on the petitions to verify their status 2 as voters in the county, district, or other geographical area 3 represented by the office sought. No later than the 7th day 4 before the first day of the qualifying period, the supervisor 5 shall certify the number of valid signatures. 6 (4)(a) Certifications for candidates for federal, 7 state, or multicounty district office shall be submitted to 8 the division. The division shall determine whether the 9 required number of signatures has been obtained and shall 10 notify the candidate. 11 (b) For candidates for county or district office not 12 covered by paragraph (a), the supervisor shall determine 13 whether the required number of signatures has been obtained 14 and shall notify the candidate. 15 (5) If the required number of signatures has been 16 obtained, the candidate is eligible to qualify pursuant to s. 17 99.061. 18 Section 16. Section 99.0955, Florida Statutes, is 19 amended to read: 20 99.0955 Candidates with no party affiliation; name on 21 general election ballot.-- 22 (1) Each person seeking to qualify for election as a 23 candidate with no party affiliation shall file his or her 24 qualifying qualification papers and pay the qualifying fee or 25 qualify by the petition process pursuant to s. 99.095 26 alternative method prescribed in subsection (3) with the 27 officer and during the times and under the circumstances 28 prescribed in s. 99.061. Upon qualifying, the candidate is 29 entitled to have his or her name placed on the general 30 election ballot. 31 (2) The qualifying fee for candidates with no party 28 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 affiliation shall consist of a filing fee and an election 2 assessment as prescribed in s. 99.092. The amount of the 3 filing fee is 3 percent of the annual salary of the office 4 sought. The amount of the election assessment is 1 percent of 5 the annual salary of the office sought. The election 6 assessment shall be deposited into the Elections Commission 7 Trust Fund. Filing fees paid to the Department of State shall 8 be deposited into the General Revenue Fund of the state. 9 Filing fees paid to the supervisor of elections shall be 10 deposited into the general revenue fund of the county. 11 (3)(a) A candidate with no party affiliation may, in 12 lieu of paying the qualifying fee, qualify for office by the 13 alternative method prescribed in this subsection. A candidate 14 using this petitioning process shall file an oath with the 15 officer before whom the candidate would qualify for the office 16 stating that he or she intends to qualify by this alternative 17 method. If the person is running for an office that requires 18 a group or district designation, the candidate must indicate 19 the designation in his or her oath. The oath shall be filed 20 at any time after the first Tuesday after the first Monday in 21 January of the year in which the election is held, but before 22 the 21st day preceding the first day of the qualifying period 23 for the office sought. The Department of State shall 24 prescribe the form to be used in administering and filing the 25 oath. Signatures may not be obtained by a candidate on any 26 petition until the candidate has filed the oath required in 27 this subsection. Upon receipt of the written oath from a 28 candidate, the qualifying officer shall provide the candidate 29 with petition forms in sufficient numbers to facilitate the 30 gathering of signatures. If the candidate is running for an 31 office that requires a group or district designation, the 29 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 petition must indicate that designation or the signatures 2 obtained on the petition will not be counted. 3 (b) A candidate shall obtain the signatures of a 4 number of qualified electors in the geographical entity 5 represented by the office sought equal to 1 percent of the 6 registered electors of the geographical entity represented by 7 the office sought, as shown by the compilation by the 8 Department of State for the preceding general election. 9 (c) Each petition must be submitted before noon of the 10 21st day preceding the first day of the qualifying period for 11 the office sought, to the supervisor of elections of the 12 county for which such petition was circulated. Each supervisor 13 to whom a petition is submitted shall check the signatures on 14 the petition to verify their status as electors in the county, 15 district, or other geographical entity represented by the 16 office sought. Before the first day for qualifying, the 17 supervisor shall certify the number shown as registered 18 electors. 19 (d)1. Certifications for candidates for federal, 20 state, or multicounty district office shall be submitted to 21 the Department of State. The Department of State shall 22 determine whether the required number of signatures has been 23 obtained for the name of the candidate to be placed on the 24 ballot and shall notify the candidate. 25 2. For candidates for county or district office not 26 covered by subparagraph 1., the supervisor of elections shall 27 determine whether the required number of signatures has been 28 obtained for the name of the candidate to be placed on the 29 ballot and shall notify the candidate. 30 (e) If the required number of signatures has been 31 obtained, the candidate shall, during the time prescribed for 30 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualifying for office, submit a copy of the notice received 2 under paragraph (d) and file his or her qualifying papers and 3 the oath prescribed by s. 99.021 with the qualifying officer. 4 Section 17. Section 99.096, Florida Statutes, is 5 amended to read: 6 99.096 Minor political party candidates; names on 7 ballot.-- 8 (1) The executive committee of a minor political party 9 shall, No later than noon of the third day prior to the first 10 day of the qualifying period prescribed for federal 11 candidates, the executive committee of a minor political party 12 shall submit to the Department of State a list of federal 13 candidates nominated by the party to be on the general 14 election ballot. and No later than noon of the third day prior 15 to the first day of the qualifying period for state 16 candidates, the executive committee of a minor political party 17 shall submit to the filing officer for each of the candidates 18 submit to the Department of State the official list of the 19 state, multicounty, and county respective candidates nominated 20 by that party to be on the ballot in the general election. The 21 Department of State shall notify the appropriate supervisors 22 of elections of the name of each minor party candidate 23 eligible to qualify before such supervisor. The official list 24 of nominated candidates may not be changed by the party after 25 having been filed with the filing officers Department of 26 State, except that candidates who have qualified may withdraw 27 from the ballot pursuant to the provisions of this code, and 28 vacancies in nominations may be filled pursuant to s. 100.111. 29 (2) Each person seeking to qualify for election as a 30 candidate of a minor political party shall file his or her 31 qualifying qualification papers with, and pay the qualifying 31 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 fee and, if one has been levied, the party assessment, or 2 qualify by the petition process pursuant to s. 99.095 3 alternative method prescribed in subsection (3), with the 4 officer and at the times and under the circumstances provided 5 in s. 99.061. 6 (3)(a) A minor party candidate may, in lieu of paying 7 the qualifying fee and party assessment, qualify for office by 8 the alternative method prescribed in this subsection. A 9 candidate using this petitioning process shall file an oath 10 with the officer before whom the candidate would qualify for 11 the office stating that he or she intends to qualify by this 12 alternative method. If the person is running for an office 13 that requires a group or district designation, the candidate 14 must indicate the designation in his or her oath. The oath 15 must be filed at any time after the first Tuesday after the 16 first Monday in January of the year in which the election is 17 held, but before the 21st day preceding the first day of the 18 qualifying period for the office sought. The Department of 19 State shall prescribe the form to be used in administering and 20 filing the oath. Signatures may not be obtained by a 21 candidate on any petition until the candidate has filed the 22 oath required in this section. Upon receipt of the written 23 oath from a candidate, the qualifying officer shall provide 24 the candidate with petition forms in sufficient numbers to 25 facilitate the gathering of signatures. If the candidate is 26 running for an office that requires a group or district 27 designation, the petition must indicate that designation or 28 the signatures on such petition will not be counted. 29 (b) A candidate shall obtain the signatures of a 30 number of qualified electors in the geographical entity 31 represented by the office sought equal to 1 percent of the 32 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 registered electors in the geographical entity represented by 2 the office sought, as shown by the compilation by the 3 Department of State for the last preceding general election. 4 (c) Each petition shall be submitted prior to noon of 5 the 21st day preceding the first day of the qualifying period 6 for the office sought to the supervisor of elections of the 7 county for which the petition was circulated. Each supervisor 8 to whom a petition is submitted shall check the signatures on 9 the petition to verify their status as electors in the county, 10 district, or other geographical entity represented by the 11 office sought. Before the first day for qualifying, the 12 supervisor shall certify the number shown as registered 13 electors. 14 (d)1. Certifications for candidates for federal, 15 state, or multicounty district office shall be submitted to 16 the Department of State. The Department of State shall 17 determine whether the required number of signatures has been 18 obtained for the name of the candidate to be placed on the 19 ballot and shall notify the candidate. 20 2. For candidates for county or district office not 21 covered by subparagraph 1., the supervisor of elections shall 22 determine whether the required number of signatures has been 23 obtained for the name of the candidate to be placed on the 24 ballot and shall notify the candidate. 25 (e) If the required number of signatures has been 26 obtained, the candidate shall, during the prescribed time for 27 qualifying for office, submit a copy of the notice received 28 under paragraph (d) and file his or her qualifying papers and 29 the oath prescribed by s. 99.021 with the qualifying officer. 30 (4) A minor party candidate whose name has been 31 submitted pursuant to subsection (1) and who has qualified for 33 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 office is entitled to have his or her name placed on the 2 general election ballot. 3 Section 18. Subsection (1) of section 99.09651, 4 Florida Statutes, is amended to read: 5 99.09651 Signature requirements for ballot position in 6 year of apportionment.-- 7 (1) In a year of apportionment, any candidate for 8 representative to Congress, state Senate, or state House of 9 Representatives seeking ballot position by the petition 10 process alternative method prescribed in s. 99.095, s. 11 99.0955, or s. 99.096 shall obtain at least the number of 12 signatures equal to one-third of 1 percent of the ideal 13 population for the district of the office being sought. 14 Section 19. Subsection (1) of section 100.011, Florida 15 Statutes, is amended to read: 16 100.011 Opening and closing of polls, all elections; 17 expenses.-- 18 (1) The polls shall be open at the voting places at 19 7:00 a.m., on the day of the election, and shall be kept open 20 until 7:00 p.m., of the same day, and the time shall be 21 regulated by the customary time in standard use in the county 22 seat of the locality. The inspectors shall make public 23 proclamation of the opening and closing of the polls. During 24 the election and canvass of the votes, the ballot box shall 25 not be concealed. Any elector who is in line at the time of 26 the official closing of the polls shall be allowed to cast a 27 vote in the election. 28 Section 20. Section 100.101, Florida Statutes, is 29 amended to read: 30 100.101 Special elections and special primary 31 elections.--Except as provided in s. 100.111(2), a special 34 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 election or special primary election shall be held in the 2 following cases: 3 (1) If no person has been elected at a general 4 election to fill an office which was required to be filled by 5 election at such general election. 6 (2) If a vacancy occurs in the office of state senator 7 or member of the state house of representatives. 8 (3) If it is necessary to elect presidential electors, 9 by reason of the offices of President and Vice President both 10 having become vacant. 11 (4) If a vacancy occurs in the office of member from 12 Florida of the House of Representatives of Congress. 13 (5) If a vacancy occurs in nomination. 14 Section 21. Section 100.111, Florida Statutes, is 15 amended to read: 16 100.111 Filling vacancy.-- 17 (1)(a) If any vacancy occurs in any office which is 18 required to be filled pursuant to s. 1(f), Art. IV of the 19 State Constitution and the remainder of the term of such 20 office is 28 months or longer, then at the next general 21 election a person shall be elected to fill the unexpired 22 portion of such term, commencing on the first Tuesday after 23 the first Monday following such general election. 24 (b) If such a vacancy occurs prior to the first day 25 set by law for qualifying for election to office at such 26 general election, any person seeking nomination or election to 27 the unexpired portion of the term shall qualify within the 28 time prescribed by law for qualifying for other offices to be 29 filled by election at such general election. 30 (c) If such a vacancy occurs prior to the first 31 primary but on or after the first day set by law for 35 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualifying, the Secretary of State shall set dates for 2 qualifying for the unexpired portion of the term of such 3 office. Any person seeking nomination or election to the 4 unexpired portion of the term shall qualify within the time 5 set by the Secretary of State. If time does not permit party 6 nominations to be made in conjunction with the first and 7 second primary elections, the Governor may call a special 8 primary election, and, if necessary, a second special primary 9 election, to select party nominees for the unexpired portion 10 of such term. 11 (2)(a) If, in any state or county office required to 12 be filled by election, a vacancy occurs during an election 13 year by reason of the incumbent having qualified as a 14 candidate for federal office pursuant to s. 99.061, no special 15 election is required. Any person seeking nomination or 16 election to the office so vacated shall qualify within the 17 time prescribed by s. 99.061 for qualifying for state or 18 county offices to be filled by election. 19 (b) If such a vacancy occurs in an election year other 20 than the one immediately preceding expiration of the present 21 term, the Secretary of State shall notify the supervisor of 22 elections in each county served by the office that a vacancy 23 has been created. Such notice shall be provided to the 24 supervisor of elections not later than the close of the first 25 day set for qualifying for state or county office. The 26 supervisor shall provide public notice of the vacancy in any 27 manner the Secretary of State deems appropriate. 28 (3) Whenever there is a vacancy for which a special 29 election is required pursuant to s. 100.101 s. 100.101(1)-(4), 30 the Governor, after consultation with the Secretary of State, 31 shall fix the date of a special first primary election, a 36 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 special second primary election, and a special election. 2 Nominees of political parties other than minor political 3 parties shall be chosen under the primary laws of this state 4 in the special primary elections to become candidates in the 5 special election. Prior to setting the special election 6 dates, the Governor shall consider any upcoming elections in 7 the jurisdiction where the special election will be held. The 8 dates fixed by the Governor shall be specific days certain and 9 shall not be established by the happening of a condition or 10 stated in the alternative. The dates fixed shall provide a 11 minimum of 2 weeks between each election. In the event a 12 vacancy occurs in the office of state senator or member of the 13 House of Representatives when the Legislature is in regular 14 legislative session, the minimum times prescribed by this 15 subsection may be waived upon concurrence of the Governor, the 16 Speaker of the House of Representatives, and the President of 17 the Senate. If a vacancy occurs in the office of state 18 senator and no session of the Legislature is scheduled to be 19 held prior to the next general election, the Governor may fix 20 the dates for any special primary and for the special election 21 to coincide with the dates of the first and second primary and 22 general election. If a vacancy in office occurs in any 23 district in the state Senate or House of Representatives or in 24 any congressional district, and no session of the Legislature, 25 or session of Congress if the vacancy is in a congressional 26 district, is scheduled to be held during the unexpired portion 27 of the term, the Governor is not required to call a special 28 election to fill such vacancy. 29 (a) The dates for candidates to qualify in such 30 special election or special primary election shall be fixed by 31 the Department of State, and candidates shall qualify not 37 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 later than noon of the last day so fixed. The dates fixed for 2 qualifying shall allow a minimum of 14 days between the last 3 day of qualifying and the special first primary election. 4 (b) The filing of campaign expense statements by 5 candidates in such special elections or special primaries and 6 by committees making contributions or expenditures to 7 influence the results of such special primaries or special 8 elections shall be not later than such dates as shall be fixed 9 by the Department of State, and in fixing such dates the 10 Department of State shall take into consideration and be 11 governed by the practical time limitations. 12 (c) The dates for a candidate to qualify by the 13 petition process pursuant to s. 99.095 alternative method in 14 such special primary or special election shall be fixed by the 15 Department of State. In fixing such dates the Department of 16 State shall take into consideration and be governed by the 17 practical time limitations. Any candidate seeking to qualify 18 by the petition process alternative method in a special 19 primary election shall obtain 25 percent of the signatures 20 required by s. 99.095, s. 99.0955, or s. 99.096, as 21 applicable. 22 (d) The qualifying fees and party assessments of such 23 candidates as may qualify shall be the same as collected for 24 the same office at the last previous primary for that office. 25 The party assessment shall be paid to the appropriate 26 executive committee of the political party to which the 27 candidate belongs. 28 (e) Each county canvassing board shall make as speedy 29 a return of the result of such special elections and primaries 30 as time will permit, and the Elections Canvassing Commission 31 likewise shall make as speedy a canvass and declaration of the 38 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 nominees as time will permit. 2 (4)(a) In the event that death, resignation, 3 withdrawal, removal, or any other cause or event should cause 4 a party to have a vacancy in nomination which leaves no 5 candidate for an office from such party, the Governor shall, 6 after conferring with the Secretary of State, call a special 7 primary election and, if necessary, a second special primary 8 election to select for such office a nominee of such political 9 party. The dates on which candidates may qualify for such 10 special primary election shall be fixed by the Department of 11 State, and the candidates shall qualify no later than noon of 12 the last day so fixed. The filing of campaign expense 13 statements by candidates in special primaries shall not be 14 later than such dates as shall be fixed by the Department of 15 State. In fixing such dates, the Department of State shall 16 take into consideration and be governed by the practical time 17 limitations. The qualifying fees and party assessment of such 18 candidates as may qualify shall be the same as collected for 19 the same office at the last previous primary for that office. 20 Each county canvassing board shall make as speedy a return of 21 the results of such primaries as time will permit, and the 22 Elections Canvassing Commission shall likewise make as speedy 23 a canvass and declaration of the nominees as time will permit. 24 (b) If the vacancy in nomination occurs later than 25 September 15, or if the vacancy in nomination occurs with 26 respect to a candidate of a minor political party which has 27 obtained a position on the ballot, no special primary election 28 shall be held and the Department of State shall notify the 29 chair of the appropriate state, district, or county political 30 party executive committee of such party; and, within 5 7 days, 31 the chair shall call a meeting of his or her executive 39 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 committee to consider designation of a nominee to fill the 2 vacancy. The name of any person so designated shall be 3 submitted to the Department of State within 7 14 days after of 4 notice to the chair in order that the person designated may 5 have his or her name printed or otherwise placed on the ballot 6 of the ensuing general election. When the name of the new 7 nominee is submitted after the certification of results of the 8 preceding primary election, however, the ballots may not be 9 changed and, but in no event shall the supervisor of elections 10 be required to place on a ballot a name submitted less than 21 11 days prior to the election. If the vacancy occurs less than 12 21 days prior to the election, the person designated by the 13 political party will replace the former party nominee even 14 though the former party nominee's name shall appear will be on 15 the ballot. Any ballots cast for the former party nominee 16 will be counted for the person designated by the political 17 party to replace the former party nominee. If there is no 18 opposition to the party nominee, the person designated by the 19 political party to replace the former party nominee will be 20 elected to office at the general election. For purposes of 21 this paragraph, the term "district political party executive 22 committee" means the members of the state executive committee 23 of a political party from those counties comprising the area 24 involving a district office. 25 (b)(c) When, under the circumstances set forth in the 26 preceding paragraph, vacancies in nomination are required to 27 be filled by committee nominations, such vacancies shall be 28 filled by party rule. In any instance in which a nominee is 29 selected by a committee to fill a vacancy in nomination, such 30 nominee shall pay the same filing fee and take the same oath 31 as the nominee would have taken had he or she regularly 40 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualified for election to such office. 2 (d) Any person who, at the close of qualifying as 3 prescribed in ss. 99.061 and 105.031, was qualified for 4 nomination or election to or retention in a public office to 5 be filled at the ensuing general election is prohibited from 6 qualifying as a candidate to fill a vacancy in nomination for 7 any other office to be filled at that general election, even 8 if such person has withdrawn or been eliminated as a candidate 9 for the original office sought. However, this paragraph does 10 not apply to a candidate for the office of Lieutenant Governor 11 who applies to fill a vacancy in nomination for the office of 12 Governor on the same ticket or to a person who has withdrawn 13 or been eliminated as a candidate and who is subsequently 14 designated as a candidate for Lieutenant Governor under s. 15 99.063. 16 (5) In the event of unforeseeable circumstances not 17 contemplated in these general election laws concerning the 18 calling and holding of special primary elections and special 19 elections resulting from court order or other unpredictable 20 circumstances, the Department of State shall have the 21 authority to provide for the conduct of orderly elections. 22 (6) In the event that a vacancy occurs which leaves 23 less than 4 weeks for a candidate seeking to qualify by the 24 alternative method to gather signatures for ballot position, 25 the number of signatures required for ballot placement shall 26 be 25 percent of the number of signatures required by s. 27 99.095, s. 99.0955, or s. 99.096, whichever is applicable. 28 Section 22. Section 100.141, Florida Statutes, is 29 amended to read: 30 100.141 Notice of special election to fill any vacancy 31 in office or nomination.-- 41 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (1) Whenever a special election is required to fill 2 any vacancy in office or nomination, the Governor, after 3 consultation with the Secretary of State, shall issue an order 4 declaring on what day the election shall be held and deliver 5 the order to the Department of State. 6 (2) The Department of State shall prepare a notice 7 stating what offices and vacancies are to be filled in the 8 special election, the date set for each special primary 9 election and the special election, the dates fixed for 10 qualifying for office, the dates fixed for qualifying by the 11 petition process pursuant to s. 99.095 alternative method, and 12 the dates fixed for filing campaign expense statements. 13 (3) The department shall deliver a copy of such notice 14 to the supervisor of elections of each county in which the 15 special election is to be held. The supervisor shall have the 16 notice published two times in a newspaper of general 17 circulation in the county at least 10 days prior to the first 18 day set for qualifying for office. If such a newspaper is not 19 published within the period set forth, the supervisor shall 20 post at least five copies of the notice in conspicuous places 21 in the county not less than 10 days prior to the first date 22 set for qualifying. 23 Section 23. Subsection (2) of section 101.031, Florida 24 Statutes, is amended to read: 25 101.031 Instructions for electors.-- 26 (2) The supervisor of elections in each county shall 27 have posted at each polling place in the county the Voter's 28 Bill of Rights and Responsibilities in the following form: 29 30 VOTER'S BILL OF RIGHTS 31 42 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Each registered voter in this state has the right to: 2 1. Vote and have his or her vote accurately counted. 3 2. Cast a vote if he or she is in line at the official 4 closing of the polls in that county. 5 3. Ask for and receive assistance in voting. 6 4. Receive up to two replacement ballots if he or she 7 makes a mistake prior to the ballot being cast. 8 5. An explanation if his or her registration or 9 identity is in question. 10 6. If his or her registration or identity is in 11 question, cast a provisional ballot. 12 7. Prove his or her identity by signing an affidavit 13 if election officials doubt the voter's identity. 14 7.8. Written instructions to use when voting, and, 15 upon request, oral instructions in voting from elections 16 officers. 17 8.9. Vote free from coercion or intimidation by 18 elections officers or any other person. 19 9.10. Vote on a voting system that is in working 20 condition and that will allow votes to be accurately cast. 21 22 VOTER RESPONSIBILITIES 23 24 Each registered voter in this state should: 25 1. Familiarize himself or herself with the candidates 26 and issues. 27 2. Maintain with the office of the supervisor of 28 elections a current address. 29 3. Know the location of his or her polling place and 30 its hours of operation. 31 4. Bring proper identification to the polling station. 43 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 5. Familiarize himself or herself with the operation 2 of the voting equipment in his or her precinct. 3 6. Treat precinct workers with courtesy. 4 7. Respect the privacy of other voters. 5 8. Report any problems or violations of election laws 6 to the supervisor of elections. 7 9. Ask questions, if needed. 8 10. Make sure that his or her completed ballot is 9 correct before leaving the polling station. 10 11 NOTE TO VOTER: Failure to perform any of these 12 responsibilities does not prohibit a voter from voting. 13 Section 24. Section 101.043, Florida Statutes, is 14 amended to read: 15 101.043 Identification required at polls.-- 16 (1) The precinct register, as prescribed in s. 98.461, 17 shall be used at the polls in lieu of the registration books 18 for the purpose of identifying the elector at the polls prior 19 to allowing him or her to vote. The clerk or inspector shall 20 require each elector, upon entering the polling place, to 21 present a current and valid picture identification as provided 22 in s. 97.0535(3)(a). If the picture identification does not 23 contain the signature of the voter, an additional 24 identification that provides the voter's signature shall be 25 required. The elector shall sign his or her name in the space 26 provided, and the clerk or inspector shall compare the 27 signature with that on the identification provided by the 28 elector and enter his or her initials in the space provided 29 and allow the elector to vote if the clerk or inspector is 30 satisfied as to the identity of the elector. 31 (2) Except as provided in subsection (3), if the 44 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 elector fails to furnish the required identification, or if 2 the clerk or inspector is in doubt as to the identity of the 3 elector, such clerk or inspector shall follow the procedure 4 prescribed in s. 101.49. 5 (2)(3) If the elector who fails to furnish the 6 required identification is a first-time voter who registered 7 by mail and has not provided the required identification to 8 the supervisor of elections prior to election day, the elector 9 shall be allowed to vote a provisional ballot. The canvassing 10 board shall determine the validity of the ballot pursuant to 11 s. 101.048(2). 12 Section 25. Section 101.048, Florida Statutes, is 13 amended to read: 14 101.048 Provisional ballots.-- 15 (1) At all elections, a voter claiming to be properly 16 registered in the county and eligible to vote at the precinct 17 in the election, but whose eligibility cannot be determined, a 18 person whom an election official asserts is not eligible, and 19 other persons specified in the code shall be entitled to vote 20 a provisional ballot. Once voted, the provisional ballot shall 21 be placed in a secrecy envelope and thereafter sealed in a 22 provisional ballot envelope. The provisional ballot shall be 23 deposited in a ballot box. All provisional ballots shall 24 remain sealed in their envelopes for return to the supervisor 25 of elections. The department shall prescribe the form of the 26 provisional ballot envelope. A person casting a provisional 27 ballot shall have the right to present written evidence 28 supporting his or her eligibility to vote to the supervisor of 29 elections by not later that 5 p.m. on the third day following 30 the election. 31 (2)(a) The county canvassing board shall examine each 45 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Provisional Ballot Voter's Certificate and Affirmation 2 envelope to determine if the person voting that ballot was 3 entitled to vote at the precinct where the person cast a vote 4 in the election and that the person had not already cast a 5 ballot in the election. In determining whether a person 6 casting a provisional ballot is entitled to vote, the county 7 canvassing board shall review the information provided in the 8 Voter's Certificate and Affirmation, written evidence provided 9 by the person pursuant to subsection (1), any other evidence 10 presented by the supervisor of elections, and, in the case of 11 a challenge, any evidence presented by the challenger. A 12 ballot of a person casting a provisional ballot shall be 13 counted unless the canvassing board determines by a 14 preponderance of the evidence that the person was not entitled 15 to vote. 16 (b)1. If it is determined that the person was 17 registered and entitled to vote at the precinct where the 18 person cast a vote in the election, the canvassing board shall 19 compare the signature on the Provisional Ballot Voter's 20 Certificate and Affirmation envelope with the signature on the 21 voter's registration and, if it matches, shall count the 22 ballot. 23 2. If it is determined that the person voting the 24 provisional ballot was not registered or entitled to vote at 25 the precinct where the person cast a vote in the election, the 26 provisional ballot shall not be counted and the ballot shall 27 remain in the envelope containing the Provisional Ballot 28 Voter's Certificate and Affirmation and the envelope shall be 29 marked "Rejected as Illegal." 30 (3) The Provisional Ballot Voter's Certificate and 31 Affirmation shall be in substantially the following form: 46 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 2 STATE OF FLORIDA 3 COUNTY OF .... 4 5 I do solemnly swear (or affirm) that my name is ....; 6 that my date of birth is ....; that I am registered and 7 qualified to vote and at the time I registered I resided at 8 ...., in the municipality of ...., in .... County, Florida; 9 that I am registered in the .... Party; that I am a qualified 10 voter of the county; and that I have not voted in this 11 election. I understand that if I commit any fraud in 12 connection with voting, vote a fraudulent ballot, or vote more 13 than once in an election, I can be convicted of a felony of 14 the third degree and fined up to $5,000 and/or imprisoned for 15 up to 5 years. 16 ...(Signature of Voter)... 17 ...(Current Residence Address)... 18 ...(Current Mailing Address)... 19 ...(City, State, Zip Code)... 20 ...(Driver's License Number or Last Four Digits of Social 21 Security Number)... 22 23 Sworn to and subscribed before me this .... day of ........, 24 ...(year).... 25 ...(Election Official)... 26 27 Precinct # .... Ballot Style/Party Issued: .... 28 29 (4) Notwithstanding the requirements of subsections 30 (1), (2), and (3) In counties where the voting system does not 31 utilize a paper ballot, the supervisor of elections may, and 47 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 for persons with disabilities shall, provide the appropriate 2 provisional ballot to the voter by electronic means that meet 3 the requirements of s. 101.56062, as provided for by the 4 certified voting system. Each person casting a provisional 5 ballot by electronic means shall, prior to casting his or her 6 ballot, complete the Provisional Ballot Voter's Certificate 7 and Affirmation as provided in subsection (3). 8 (5) Each person casting a provisional ballot shall be 9 given written instructions regarding the person's right to 10 provide the supervisor of elections with written evidence of 11 his or her eligibility to vote and regarding the free access 12 system established pursuant to subsection (6). The 13 instructions shall contain information on how to access the 14 system and the information the voter will need to provide to 15 obtain information on his or her particular ballot. The 16 instructions shall also include the following statement: "If 17 this is a primary election, you should contact the supervisor 18 of elections' office immediately to confirm that you are 19 registered and can vote in the general election." 20 (6) Each supervisor of elections shall establish a 21 free access system that allows each person who casts a 22 provisional ballot to determine whether his or her provisional 23 ballot was counted in the final canvass of votes and, if not, 24 the reasons why. Information regarding provisional ballots 25 shall be available no later than 30 days following the 26 election. The system established must restrict information 27 regarding an individual ballot to the person who cast the 28 ballot. 29 Section 26. Section 101.049, Florida Statutes, is 30 amended to read: 31 101.049 Provisional ballots; special circumstances.-- 48 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (1) Any person who votes in an election after the 2 regular poll-closing time pursuant to a court or other order 3 extending the statutory polling hours must vote a provisional 4 ballot. Once voted, the provisional ballot shall be placed in 5 a secrecy envelope and thereafter sealed in a provisional 6 ballot envelope. The election official witnessing the voter's 7 subscription and affirmation on the Provisional Ballot Voter's 8 Certificate shall indicate whether or not the voter met all 9 requirements to vote a regular ballot at the polls. All such 10 provisional ballots shall remain sealed in their envelopes and 11 be transmitted to the supervisor of elections. 12 (2) Separate and apart from all other ballots, the 13 county canvassing board shall count all late-voted provisional 14 ballots that the canvassing board determines to be valid. 15 (3) The supervisor shall ensure that late-voted 16 provisional ballots are not commingled with other ballots 17 during the canvassing process or at any other time they are 18 statutorily required to be in the supervisor's possession. 19 (4) This section shall not apply to voters in line at 20 the poll-closing time provided in s. 100.011 who cast their 21 ballots subsequent to that time. 22 (5) As an alternative, provisional ballots cast 23 pursuant to this section may, and for persons with 24 disabilities shall, be cast in accordance with the provisions 25 of s. 101.048(4). 26 Section 27. Effective July 1, 2005, section 101.051, 27 Florida Statutes, as amended by section 10 of chapter 28 2002-281, Laws of Florida, is amended to read: 29 101.051 Electors seeking assistance in casting 30 ballots; oath to be executed; forms to be furnished.-- 31 (1) Any elector applying to vote in any election who 49 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 requires assistance to vote by reason of blindness, 2 disability, or inability to read or write may request the 3 assistance of two election officials or some other person of 4 the elector's own choice, other than the elector's employer, 5 an agent of the employer, or an officer or agent of his or her 6 union, to assist the elector in casting his or her vote. Any 7 such elector, before retiring to the voting booth, may have 8 one of such persons read over to him or her, without 9 suggestion or interference, the titles of the offices to be 10 filled and the candidates therefor and the issues on the 11 ballot. After the elector requests the aid of the two election 12 officials or the person of the elector's choice, they shall 13 retire to the voting booth for the purpose of casting the 14 elector's vote according to the elector's choice. 15 (2) It is unlawful for any person to be in the voting 16 booth with any elector except as provided in subsection (1). A 17 person at a polling place or early voting site, or within 100 18 feet of the entrance of a polling place or early voting site, 19 may not solicit any elector in an effort to provide assistance 20 to vote pursuant to subsection (1). Any person who violates 21 this subsection commits a misdemeanor of the first degree, 22 punishable as provided in s. 775.082 or s. 775.083. 23 (3) Any elector applying to cast an absentee ballot in 24 the office of the supervisor, in any election, who requires 25 assistance to vote by reason of blindness, disability, or 26 inability to read or write may request the assistance of some 27 person of his or her own choice, other than the elector's 28 employer, an agent of the employer, or an officer or agent of 29 his or her union, in casting his or her absentee ballot. 30 (4) If an elector needs assistance in voting pursuant 31 to the provisions of this section, the clerk or one of the 50 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 inspectors shall require the elector requesting assistance in 2 voting to take the following oath: 3 4 DECLARATION TO SECURE ASSISTANCE 5 6 State of Florida 7 County of .... 8 Date .... 9 Precinct .... 10 I, ...(Print name)..., swear or affirm that I am a 11 registered elector and request assistance from ...(Print 12 names)... in voting at the ...(name of election)... held on 13 ...(date of election).... ...(Signature of assistor).... 14 Sworn and subscribed to before me this .... day of ...., 15 ...(year).... 16 ...(Signature of Official Administering Oath)... 17 (5) If an elector needing assistance requests that a 18 person other than an election official provide him or her with 19 assistance in voting, the clerk or one of the inspectors shall 20 require the person providing assistance to take the following 21 oath: 22 23 DECLARATION TO PROVIDE ASSISTANCE 24 25 State of Florida 26 County of .... 27 Date .... 28 Precinct .... 29 I, ...(Print name)..., have been requested by ...(print 30 name of elector needing assistance)... to provide him or her 31 with assistance to vote. I swear or affirm that I am not the 51 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 employer, an agent of the employer, or an officer or agent of 2 the union of the voter and that I have not solicited this 3 voter at the polling place or early voting site or within 100 4 feet of such locations in an effort to provide 5 assistance....(Signature of assistor)... 6 Sworn and subscribed to before me this .... day of ...., 7 ...(year).... 8 ...(Signature of Official Administering Oath)... 9 (6)(5) The supervisor of elections shall deliver a 10 sufficient number of these forms to each precinct, along with 11 other election paraphernalia. 12 Section 28. Section 101.111, Florida Statutes, is 13 amended to read: 14 101.111 Person desiring to vote may be challenged; 15 challenger to execute oath; oath of person challenged; 16 determination of challenge.-- 17 (1) When the right to vote of any person who desires 18 to vote is challenged by any elector or poll watcher, the 19 challenge shall be reduced to writing with an oath as provided 20 in this section, giving reasons for the challenge, which shall 21 be delivered to the clerk or inspector. Any elector or poll 22 watcher challenging the right of a person to vote shall 23 execute the oath set forth below: 24 25 OATH OF PERSON ENTERING CHALLENGE 26 27 State of Florida 28 County of .... 29 30 I do solemnly swear that my name is ....; that I am a member 31 of the .... party; that I am a registered voter or pollwatcher 52 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 .... years old; that my residence address is ...., in the 2 municipality of ....; and that I have reason to believe that 3 .... is attempting to vote illegally and the reasons for my 4 belief are set forth herein to wit: .......................... 5 .............................................................. 6 .............................................................. 7 ...(Signature of person challenging voter)... 8 9 Sworn and subscribed to before me this .... day of ...., 10 ...(year).... 11 ...(Clerk of election)... 12 13 (2) Before a person who is challenged is permitted to 14 vote, the challenged person's right to vote shall be 15 determined in accordance with the provisions of subsection 16 (3). The clerk or inspector shall immediately deliver to the 17 challenged person a copy of the oath of the person entering 18 the challenge and the challenged voter shall be allowed to 19 cast a provisional ballot. shall request the challenged person 20 to execute the following oath: 21 22 OATH OF PERSON CHALLENGED 23 24 State of Florida 25 County of .... 26 27 I do solemnly swear that my name is ....; that I am a member 28 of the .... party; that my date of birth is ....; that my 29 residence address is ...., in the municipality of ...., in 30 this the .... precinct of .... county; that I personally made 31 application for registration and signed my name and that I am 53 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 a qualified voter in this election. 2 ...(Signature of person)... 3 4 Sworn and subscribed to before me this .... day of ...., 5 ...(year).... 6 ...(Clerk of election or Inspector)... 7 8 Any inspector or clerk of election may administer the oath. 9 (3) Any elector or poll watcher may challenge the 10 right of any voter to vote not sooner than 30 days before an 11 election by filing a completed copy of the oath contained in 12 subsection (1) to the supervisor of election's office. The 13 challenged voter shall be permitted to cast a provisional 14 ballot. 15 (4) Any elector or poll watcher filing a frivolous 16 challenge of any person's right to vote commits a misdemeanor 17 of the first degree, punishable as provided in s. 775.082, s. 18 775.083, or s. 775.084; however, electors or poll watchers 19 shall not be subject to liability for any action taken in good 20 faith and in furtherance of any activity or duty permitted of 21 such electors or poll watchers by law. Each instance where any 22 elector or poll watcher files a frivolous challenge of any 23 person's right to vote constitutes a separate offense. 24 (a) The clerk and inspectors shall compare the 25 information in the challenged person's oath with that entered 26 on the precinct register and shall take any other evidence 27 that may be offered. The clerk and inspectors shall then 28 decide by a majority vote whether the challenged person may 29 vote a regular ballot. 30 (b) If the challenged person refuses to complete the 31 oath or if a majority of the clerk and inspectors doubt the 54 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 eligibility of the person to vote, the challenged person shall 2 be allowed to vote a provisional ballot. The oath of the 3 person entering the challenge and the oath of the person 4 challenged shall be attached to the provisional ballot for 5 transmittal to the canvassing board. 6 Section 29. Section 101.131, Florida Statutes, is 7 amended to read: 8 101.131 Watchers at polls.-- 9 (1) Each political party and each candidate may have 10 one watcher in each polling room or early voting area at any 11 one time during the election. A political committee formed for 12 the specific purpose of expressly advocating the passage or 13 defeat of an issue on the ballot may have one watcher for each 14 polling room or early voting area at any one time during the 15 election. No watcher shall be permitted to come closer to the 16 officials' table or the voting booths than is reasonably 17 necessary to properly perform his or her functions, but each 18 shall be allowed within the polling room or early voting area 19 to watch and observe the conduct of electors and officials. 20 The poll watchers shall furnish their own materials and 21 necessities and shall not obstruct the orderly conduct of any 22 election. The poll watchers shall pose any questions regarding 23 polling place procedures directly to the clerk for resolution. 24 They may not interact with voters. Each poll watcher shall be 25 a qualified and registered elector of the county in which he 26 or she serves. 27 (2) Each party, each political committee, and each 28 candidate requesting to have poll watchers shall designate, in 29 writing, poll watchers for each precinct prior to noon of the 30 second Tuesday preceding the election poll watchers for each 31 polling room on election day. Designations of poll watchers 55 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 for early voting areas shall be submitted in writing to the 2 supervisor of elections at least 14 days before early voting 3 begins. The poll watchers for each polling room precinct 4 shall be approved by the supervisor of elections on or before 5 the Tuesday before the election. Poll watchers for early 6 voting areas shall be approved by the supervisor of elections 7 no later than 7 days before early voting begins. The 8 supervisor shall furnish to each election board precinct a 9 list of the poll watchers designated and approved for such 10 polling room or early voting area precinct. 11 (3) No candidate or sheriff, deputy sheriff, police 12 officer, or other law enforcement officer may be designated as 13 a poll watcher. 14 Section 30. Subsection (1) of section 101.151, Florida 15 Statutes, is amended to read: 16 101.151 Specifications for ballots.-- 17 (1) Marksense Paper ballots shall be printed on paper 18 of such thickness that the printing cannot be distinguished 19 from the back and shall meet the specifications of the voting 20 system that will be used to tabulate the ballots. 21 Section 31. Section 101.171, Florida Statutes, is 22 amended to read: 23 101.171 Copy of constitutional amendment to be 24 available at voting locations posted.--Whenever any amendment 25 to the State Constitution is to be voted upon at any election, 26 the Department of State shall have printed, and shall furnish 27 to each supervisor of elections, a sufficient number of copies 28 of the amendment either in poster or booklet form, and the 29 supervisor shall have a copy thereof conspicuously posted or 30 available at each polling room or early voting area precinct 31 upon the day of election. 56 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Section 32. Section 101.294, Florida Statutes, is 2 amended to read: 3 101.294 Purchase and sale of voting equipment.-- 4 (1) The Division of Elections of the Department of 5 State shall adopt uniform rules for the purchase, use, and 6 sale of voting equipment in the state. No governing body 7 shall purchase or cause to be purchased any voting equipment 8 unless such equipment has been certified for use in this state 9 by the Department of State. 10 (2) Any governing body contemplating the purchase or 11 sale of voting equipment shall notify the Division of 12 Elections of such considerations. The division shall attempt 13 to coordinate the sale of excess or outmoded equipment by one 14 county with purchases of necessary equipment by other 15 counties. 16 (3) The division shall inform the governing bodies of 17 the various counties of the state of the availability of new 18 or used voting equipment and of sources available for 19 obtaining such equipment. 20 (4) A vendor of voting equipment may not provide an 21 uncertified voting system, voting system component, or voting 22 system upgrade to a local governing body or supervisor of 23 elections in this state. 24 (5) Before or in conjunction with providing a voting 25 system, voting system component, or voting system upgrade, the 26 vendor shall provide the local governing body or supervisor of 27 elections with a sworn certification that the voting system, 28 voting system component, or voting system upgrade being 29 provided has been certified by the Division of Elections. 30 Section 33. Section 101.295, Florida Statutes, is 31 amended to read: 57 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 101.295 Penalties for violation.-- 2 (1) Any member of a governing body which purchases or 3 sells voting equipment in violation of the provisions of ss. 4 101.292-101.295, which member knowingly votes to purchase or 5 sell voting equipment in violation of the provisions of ss. 6 101.292-101.295, is guilty of a misdemeanor of the first 7 degree, punishable as provided by s. 775.082 or s. 775.083, 8 and shall be subject to suspension from office on the grounds 9 of malfeasance. 10 (2) Any vendor, chief executive officer, or vendor 11 representative of voting equipment who provides a voting 12 system, voting system component, or voting system upgrade in 13 violation of this chapter commits a felony of the third 14 degree, punishable as provided in s. 775.082, s. 775.083, or 15 s. 775.084. 16 Section 34. Section 101.49, Florida Statutes, is 17 amended to read: 18 101.49 Procedure of election officers where signatures 19 differ.-- 20 (1) Whenever any clerk or inspector, upon a just 21 comparison of the signatures, doubts that the signature on the 22 identification presented by the of any elector who presents 23 himself or herself at the polls to vote is the same as the 24 signature of the elector affixed on the precinct register or 25 early voting certificate in the registration book, the clerk 26 or inspector shall deliver to the person an affidavit which 27 shall be in substantially the following form: 28 29 STATE OF FLORIDA, 30 COUNTY OF ..... 31 I do solemnly swear (or affirm) that my name is ....; 58 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 that I am .... years old; that I was born in the State of 2 ....; that I am registered to vote, and at the time I 3 registered I resided on .... Street, in the municipality of 4 ...., County of ...., State of Florida; that I am a qualified 5 voter of the county and state aforesaid and have not voted in 6 this election. 7 ...(Signature of voter)... 8 Sworn to and subscribed before me this .... day of 9 ...., A. D....(year).... 10 ...(Clerk or inspector of election)... 11 Precinct No. ..... 12 County of ..... 13 14 (2) The person shall fill out, in his or her own 15 handwriting or with assistance from a member of the election 16 board, the form and make an affidavit to the facts stated in 17 the filled-in form; such affidavit shall then be sworn to and 18 subscribed before one of the inspectors or clerks of the 19 election who is authorized to administer the oath. Whenever 20 the affidavit is made and filed with the clerk or inspector, 21 the person shall then be admitted to cast his or her vote, but 22 if the person fails or refuses to make out or file such 23 affidavit and asserts his or her eligibility, then he or she 24 shall be entitled to vote a provisional ballot not be 25 permitted to vote. 26 Section 35. Effective July 1, 2005, subsection (1) of 27 section 101.51, Florida Statutes, as amended by section 11 of 28 chapter 2002-281, Laws of Florida, is amended to read: 29 101.51 Electors to occupy booth alone.-- 30 (1) When the elector presents himself or herself to 31 vote, the election official shall ascertain whether the 59 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 elector's name is upon the register of electors, and, if the 2 elector's name appears and no challenge interposes, or, if 3 interposed, be not sustained, one of the election officials 4 stationed at the entrance shall announce the name of the 5 elector and permit him or her to enter the booth or 6 compartment to cast his or her vote, allowing only one elector 7 at a time to pass through to vote. An elector, while casting 8 his or her ballot, may not occupy a booth or compartment 9 already occupied or speak with anyone, except as provided by 10 s. 101.051, while in the polling place. 11 Section 36. Subsection (4) of section 101.5606, 12 Florida Statutes, is amended to read: 13 101.5606 Requirements for approval of systems.--No 14 electronic or electromechanical voting system shall be 15 approved by the Department of State unless it is so 16 constructed that: 17 (4) For systems using marksense paper ballots, it 18 accepts a rejected ballot pursuant to subsection (3) if a 19 voter chooses to cast the ballot, but records no vote for any 20 office that has been overvoted or undervoted. 21 Section 37. Subsections (2) and (3) of section 22 101.5608, Florida Statutes, are amended to read: 23 101.5608 Voting by electronic or electromechanical 24 method; procedures.-- 25 (2) When an electronic or electromechanical voting 26 system utilizes a ballot card or marksense paper ballot, the 27 following procedures shall be followed: 28 (a) After receiving a ballot from an inspector, the 29 elector shall, without leaving the polling place, retire to a 30 booth or compartment and mark the ballot. After preparing his 31 or her ballot, the elector shall place the ballot in a secrecy 60 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 envelope with the stub exposed or shall fold over that portion 2 on which write-in votes may be cast, as instructed, so that 3 the ballot will be deposited in the ballot box without 4 exposing the voter's choices. Before the ballot is deposited 5 in the ballot box, the inspector shall detach the exposed stub 6 and place it in a separate envelope for audit purposes; when a 7 fold-over ballot is used, the entire ballot shall be placed in 8 the ballot box. 9 (b) Any voter who spoils his or her ballot or makes an 10 error may return the ballot to the election official and 11 secure another ballot, except that in no case shall a voter be 12 furnished more than three ballots. If the vote tabulation 13 device has rejected a ballot, the ballot shall be considered 14 spoiled and a new ballot shall be provided to the voter unless 15 the voter chooses to cast the rejected ballot. The election 16 official, without examining the original ballot, shall state 17 the possible reasons for the rejection and shall provide 18 instruction to the voter pursuant to s. 101.5611. A spoiled 19 ballot shall be preserved, without examination, in an envelope 20 provided for that purpose. The stub shall be removed from the 21 ballot and placed in an envelope. 22 (c) The supervisor of elections shall prepare for each 23 polling place at least one ballot box to contain the ballots 24 of a particular precinct, and each ballot box shall be plainly 25 marked with the name of the precinct for which it is intended. 26 (3) The Department of State shall promulgate rules 27 regarding voting procedures to be used when an electronic or 28 electromechanical voting system is of a type which does not 29 utilize a ballot card or marksense paper ballot. 30 Section 38. Subsection (2) of section 101.5612, 31 Florida Statutes, is amended to read: 61 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 101.5612 Testing of tabulating equipment.-- 2 (2) On any day not more than 10 days prior to the 3 commencement of early voting as provided in s. 101.657, the 4 supervisor of elections shall have the automatic tabulating 5 equipment publicly tested to ascertain that the equipment will 6 correctly count the votes cast for all offices and on all 7 measures. If the ballots to be used at the polling place on 8 election day are not available at the time of the testing, the 9 supervisor may conduct an additional test not more than 10 10 days before election day. Public notice of the time and place 11 of the test shall be given at least 48 hours prior thereto by 12 publication once in one or more newspapers of general 13 circulation in the county or, if there is no newspaper of 14 general circulation in the county, by posting the notice in at 15 least four conspicuous places in the county. The supervisor or 16 the municipal elections official may, at the time of 17 qualifying, give written notice of the time and location of 18 the public preelection test to each candidate qualifying with 19 that office and obtain a signed receipt that the notice has 20 been given. The Department of State shall give written notice 21 to each statewide candidate at the time of qualifying, or 22 immediately at the end of qualifying, that the voting 23 equipment will be tested and advise each candidate to contact 24 the county supervisor of elections as to the time and location 25 of the public preelection test. The supervisor or the 26 municipal elections official shall, at least 15 days prior to 27 the commencement of early voting as provided in s. 101.657, 28 send written notice by certified mail to the county party 29 chair of each political party and to all candidates for other 30 than statewide office whose names appear on the ballot in the 31 county and who did not receive written notification from the 62 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 supervisor or municipal elections official at the time of 2 qualifying, stating the time and location of the public 3 preelection test of the automatic tabulating equipment. The 4 canvassing board shall convene, and each member of the 5 canvassing board shall certify to the accuracy of the test. 6 For the test, the canvassing board may designate one member to 7 represent it. The test shall be open to representatives of the 8 political parties, the press, and the public. Each political 9 party may designate one person with expertise in the computer 10 field who shall be allowed in the central counting room when 11 all tests are being conducted and when the official votes are 12 being counted. The designee shall not interfere with the 13 normal operation of the canvassing board. 14 Section 39. Subsection (5) of section 101.5614, 15 Florida Statutes, is amended to read: 16 101.5614 Canvass of returns.-- 17 (5) If any absentee ballot is physically damaged so 18 that it cannot properly be counted by the automatic tabulating 19 equipment, a true duplicate copy shall be made of the damaged 20 ballot in the presence of witnesses and substituted for the 21 damaged ballot. Likewise, a duplicate ballot shall be made of 22 an absentee ballot containing an overvoted race or a marked 23 absentee ballot in which every race is undervoted which shall 24 include all valid votes as determined by the canvassing board 25 based on rules adopted by the division pursuant to s. 26 102.166(4)(5). All duplicate ballots shall be clearly labeled 27 "duplicate," bear a serial number which shall be recorded on 28 the defective ballot, and be counted in lieu of the defective 29 ballot. After a ballot has been duplicated, the defective 30 ballot shall be placed in an envelope provided for that 31 purpose, and the duplicate ballot shall be tallied with the 63 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 other ballots for that precinct. 2 Section 40. Section 101.572, Florida Statutes, is 3 amended to read: 4 101.572 Public inspection of ballots.--The official 5 ballots and ballot cards received from election boards and 6 removed from absentee ballot mailing envelopes shall be open 7 for public inspection or examination while in the custody of 8 the supervisor of elections or the county canvassing board at 9 any reasonable time, under reasonable conditions; however, no 10 persons other than the supervisor of elections or his or her 11 employees or the county canvassing board shall handle any 12 official ballot or ballot card. If the ballots are being 13 examined prior to the end of the contest period in s. 102.168, 14 the supervisor of elections shall make a reasonable effort to 15 notify all candidates whose names appear on such ballots or 16 ballot cards by telephone or otherwise of the time and place 17 of the inspection or examination. All such candidates, or 18 their representatives, shall be allowed to be present during 19 the inspection or examination. 20 Section 41. Section 101.58, Florida Statutes, is 21 amended to read: 22 101.58 Supervising and observing registration and 23 election processes.-- 24 (1) The Department of State may, at any time it deems 25 fit; upon the petition of 5 percent of the registered 26 electors; or upon the petition of any candidate, county 27 executive committee chair, state committeeman or 28 committeewoman, or state executive committee chair, appoint 29 one or more deputies whose duties shall be to observe and 30 examine the registration and election processes and the 31 condition, custody, and operation of voting systems and 64 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 equipment in any county or municipality. The deputy shall have 2 access to all registration books and records as well as any 3 other records or procedures relating to the voting process. 4 The deputy may supervise preparation of the voting equipment 5 and procedures for election, and it shall be unlawful for any 6 person to obstruct the deputy in the performance of his or her 7 duty. The deputy shall file with the Department of State a 8 report of his or her findings and observations of the 9 registration and election processes in the county or 10 municipality, and a copy of the report shall also be filed 11 with the clerk of the circuit court of said county. The 12 compensation of such deputies shall be fixed by the Department 13 of State; and costs incurred under this section shall be paid 14 from the annual operating appropriation made to the Department 15 of State. 16 (2) Upon the written direction of the Secretary of 17 State, any employee of the Department of State having 18 expertise in the matter of concern to the Secretary of State 19 shall have full access to all premises, records, equipment, 20 and staff of the supervisor of elections. 21 Section 42. Subsection (1) of section 101.595, Florida 22 Statutes, is amended to read: 23 101.595 Analysis and reports of voting problems.-- 24 (1) No later than December 15 of each general election 25 year, the supervisor of elections in each county shall report 26 to the Department of State the total number of overvotes and 27 undervotes in the "President and Vice President" or "Governor 28 and Lieutenant Governor" race that appears first on the ballot 29 or, if neither appears, the first race appearing on the ballot 30 pursuant to s. 101.151(2), along with the likely reasons for 31 such overvotes and undervotes and other information as may be 65 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 useful in evaluating the performance of the voting system and 2 identifying problems with ballot design and instructions which 3 may have contributed to voter confusion. 4 Section 43. Section 101.6103, Florida Statutes, is 5 amended to read: 6 101.6103 Mail ballot election procedure.-- 7 (1) Except as otherwise provided in subsection (7) 8 (6), the supervisor of elections shall mail all official 9 ballots with a secrecy envelope, a return mailing envelope, 10 and instructions sufficient to describe the voting process to 11 each elector entitled to vote in the election not sooner than 12 the 20th day before the election and not later than the 10th 13 day before the date of the election. All such ballots shall 14 be mailed by first-class mail. Ballots shall be addressed to 15 each elector at the address appearing in the registration 16 records and placed in an envelope which is prominently marked 17 "Do Not Forward." 18 (2) Upon receipt of the ballot the elector shall mark 19 the ballot, place it in the secrecy envelope, sign the return 20 mailing envelope supplied with the ballot, and comply with the 21 instructions provided with the ballot. The elector shall mail, 22 deliver, or have delivered the marked ballot so that it 23 reaches the supervisor of elections no later than 7 p.m. on 24 the day of the election. The ballot must be returned in the 25 return mailing envelope. 26 (3) The return mailing envelope shall contain a 27 statement in substantially the following form: 28 29 VOTER'S CERTIFICATE 30 31 I, (Print Name), do solemnly swear (or affirm) that I 66 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 am a qualified voter in this election and that I have not and 2 will not vote more than one ballot in this election. 3 I understand that failure to sign this certificate and 4 give my residence address will invalidate my ballot. 5 ...(Signature)... 6 ...(Residence Address)... 7 8 (4) If the ballot is destroyed, spoiled, lost, or not 9 received by the elector, the elector may obtain a replacement 10 ballot from the supervisor of elections as provided in this 11 subsection. An elector seeking a replacement ballot shall 12 sign a sworn statement that the ballot was destroyed, spoiled, 13 lost, or not received and present such statement to the 14 supervisor of elections prior to 7 p.m. on the day of the 15 election. The supervisor of elections shall keep a record of 16 each replacement ballot provided under this subsection. 17 (5) A ballot shall be counted only if: 18 (a) It is returned in the return mailing envelope; 19 (b) The elector's signature has been verified as 20 provided in this subsection; and 21 (c) It is received by the supervisor of elections not 22 later than 7 p.m. on the day of the election. 23 24 The supervisor of elections shall verify the signature of each 25 elector on the return mailing envelope with the signature on 26 the elector's registration records. Such verification may 27 commence at any time prior to the canvass of votes. The 28 supervisor of elections shall safely keep the ballot unopened 29 in his or her office until the county canvassing board 30 canvasses the vote. If the supervisor of elections determines 31 that an elector to whom a replacement ballot has been issued 67 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 under subsection (4) has voted more than once, the canvassing 2 board shall determine which ballot, if any, is to be counted. 3 (6) The canvassing board may begin the canvassing of 4 mail ballots at 7 a.m. on the fourth day before the election, 5 including processing the ballots through the tabulating 6 equipment. However, results may not be released until after 7 7 p.m. on election day. Any canvassing board member or election 8 employee who releases any result before 7 p.m. on election day 9 commits a felony of the third degree, punishable as provided 10 in s. 775.082, s. 775.083, or s. 775.084. 11 (7)(6) With respect to absent electors overseas 12 entitled to vote in the election, the supervisor of elections 13 shall mail an official ballot with a secrecy envelope, a 14 return mailing envelope, and instructions sufficient to 15 describe the voting process to each such elector on a date 16 sufficient to allow such elector time to vote in the election 17 and to have his or her marked ballot reach the supervisor by 7 18 p.m. on the day of the election. 19 Section 44. Section 101.62, Florida Statutes, is 20 amended to read: 21 101.62 Request for absentee ballots.-- 22 (1)(a) The supervisor may accept a request for an 23 absentee ballot from an elector in person or in writing. 24 Except as provided in s. 101.694, one request shall be deemed 25 sufficient to receive an absentee ballot for all elections 26 which are held within a calendar year, unless the elector or 27 the elector's designee indicates at the time the request is 28 made the elections for which the elector desires to receive an 29 absentee ballot. Such request may be considered canceled when 30 any first-class mail sent by the supervisor to the elector is 31 returned as undeliverable. 68 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (b) The supervisor may accept a written or telephonic 2 request for an absentee ballot from the elector, or, if 3 directly instructed by the elector, a member of the elector's 4 immediate family, or the elector's legal guardian. For 5 purposes of this section, the term "immediate family" has the 6 same meaning as specified in paragraph (4)(b). The person 7 making the request must disclose: 8 1. The name of the elector for whom the ballot is 9 requested; 10 2. The elector's address; 11 3. The elector's date of birth; 12 4. The requester's name; 13 5. The requester's address; 14 6. The requester's driver's license number, if 15 available; 16 7. The requester's relationship to the elector; and 17 8. The requester's signature (written requests only). 18 (2) If A request for an absentee ballot to be mailed 19 to a voter must be is received no later than 5 p.m. on the 20 sixth day after the Friday before the election by the 21 supervisor of elections from an absent elector overseas, the 22 supervisor shall send a notice to the elector acknowledging 23 receipt of his or her request and notifying the elector that 24 the ballot will not be forwarded due to insufficient time for 25 return of the ballot by the required deadline. The supervisor 26 of elections shall mail absentee ballots to voters requesting 27 ballots by such deadline no later than 4 days before the 28 election. 29 (3) For each request for an absentee ballot received, 30 the supervisor shall record the date the request was made, the 31 date the absentee ballot was delivered to the voter or the 69 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 voter's designee or the date the absentee ballot was delivered 2 to the post office or other carrier or mailed, the date the 3 ballot was received by the supervisor, and such other 4 information he or she may deem necessary. This information 5 shall be provided in electronic format as provided by rule 6 adopted by the division. The information shall be updated and 7 made available no later than noon of each day and shall be 8 contemporaneously provided to the division. This information 9 shall be confidential and exempt from the provisions of s. 10 119.07(1) and shall be made available to or reproduced only 11 for the voter requesting the ballot, a canvassing board, an 12 election official, a political party or official thereof, a 13 candidate who has filed qualification papers and is opposed in 14 an upcoming election, and registered political committees or 15 registered committees of continuous existence, for political 16 purposes only. 17 (4)(a) To each absent qualified elector overseas who 18 has requested an absentee ballot, the supervisor of elections 19 shall, not fewer than 35 days before the first primary 20 election, mail an absentee ballot. Not fewer than 45 days 21 before the second primary and general election, the supervisor 22 of elections shall mail an absentee ballot. If the regular 23 absentee ballots are not available, the supervisor shall mail 24 an advance absentee ballot to those persons requesting ballots 25 for such elections. The advance absentee ballot for the 26 second primary shall be the same as the first primary absentee 27 ballot as to the names of candidates, except that for any 28 offices where there are only two candidates, those offices and 29 all political party executive committee offices shall be 30 omitted. Except as provided in ss. 99.063(4) and 100.371(8) 31 100.371(6), the advance absentee ballot for the general 70 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 election shall be as specified in s. 101.151, except that in 2 the case of candidates of political parties where nominations 3 were not made in the first primary, the names of the 4 candidates placing first and second in the first primary 5 election shall be printed on the advance absentee ballot. The 6 advance absentee ballot or advance absentee ballot information 7 booklet shall be of a different color for each election and 8 also a different color from the absentee ballots for the first 9 primary, second primary, and general election. The supervisor 10 shall mail an advance absentee ballot for the second primary 11 and general election to each qualified absent elector for whom 12 a request is received until the absentee ballots are printed. 13 The supervisor shall enclose with the advance second primary 14 absentee ballot and advance general election absentee ballot 15 an explanation stating that the absentee ballot for the 16 election will be mailed as soon as it is printed; and, if both 17 the advance absentee ballot and the absentee ballot for the 18 election are returned in time to be counted, only the absentee 19 ballot will be counted. The Department of State may prescribe 20 by rule the requirements for preparing and mailing absentee 21 ballots to absent qualified electors overseas. 22 (b) As soon as the remainder of the absentee ballots 23 are printed, the supervisor shall provide an absentee ballot 24 to each elector by whom a request for that ballot has been 25 made by one of the following means: 26 1. By nonforwardable, return-if-undeliverable mail to 27 the elector's current mailing address on file with the 28 supervisor, unless the elector specifies in the request that: 29 a. The elector is absent from the county and does not 30 plan to return before the day of the election; 31 b. The elector is temporarily unable to occupy the 71 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 residence because of hurricane, tornado, flood, fire, or other 2 emergency or natural disaster; or 3 c. The elector is in a hospital, assisted-living 4 facility, nursing home, short-term medical or rehabilitation 5 facility, or correctional facility, 6 7 in which case the supervisor shall mail the ballot by 8 nonforwardable, return-if-undeliverable mail to any other 9 address the elector specifies in the request. 10 2. By forwardable mail to voters who are entitled to 11 vote by absentee ballot under the Uniformed and Overseas 12 Citizens Absentee Voting Act. 13 3. By personal delivery before 7 p.m. on election day 14 to the elector, upon presentation of the identification 15 required in s. 101.657. 16 4. By delivery to a designee on election day or up to 17 4 days prior to the day of an election. Any elector may 18 designate in writing a person to pick up the ballot for the 19 elector; however, the person designated may not pick up more 20 than two absentee ballots per election, other than the 21 designee's own ballot, except that additional ballots may be 22 picked up for members of the designee's immediate family. For 23 purposes of this section, "immediate family" means the 24 designee's spouse or the parent, child, grandparent, or 25 sibling of the designee or of the designee's spouse. The 26 designee shall provide to the supervisor the written 27 authorization by the elector and a picture identification of 28 the designee and must complete an affidavit. The designee 29 shall state in the affidavit that the designee is authorized 30 by the elector to pick up that ballot and shall indicate if 31 the elector is a member of the designee's immediate family 72 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 and, if so, the relationship. The department shall prescribe 2 the form of the affidavit. If the supervisor is satisfied that 3 the designee is authorized to pick up the ballot and that the 4 signature of the elector on the written authorization matches 5 the signature of the elector on file, the supervisor shall 6 give the ballot to that designee for delivery to the elector. 7 (5) In the event that the Elections Canvassing 8 Commission is unable to certify the results of an election for 9 a state office in time to comply with subsection (4), the 10 Department of State is authorized to prescribe rules for a 11 ballot to be sent to absent electors overseas. 12 (6) Nothing other than the materials necessary to vote 13 absentee shall be mailed or delivered with any absentee 14 ballot. 15 Section 45. Section 101.64, Florida Statutes, is 16 amended to read: 17 101.64 Delivery of absentee ballots; envelopes; 18 form.-- 19 (1) The supervisor shall enclose with each absentee 20 ballot two envelopes: a secrecy envelope, into which the 21 absent elector shall enclose his or her marked ballot; and a 22 mailing envelope, into which the absent elector shall then 23 place the secrecy envelope, which shall be addressed to the 24 supervisor and also bear on the back side a certificate in 25 substantially the following form: 26 27 Note: Please Read Instructions Carefully Before 28 Marking Ballot and Completing Voter's Certificate. 29 30 VOTER'S CERTIFICATE 31 I, ...., do solemnly swear or affirm that I am a 73 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 qualified and registered voter of .... County, Florida, and 2 that I have not and will not vote more than one ballot in this 3 election. I understand that if I commit or attempt to commit 4 any fraud in connection with voting, vote a fraudulent ballot, 5 or vote more than once in an election, I can be convicted of a 6 felony of the third degree and fined up to $5,000 and/or 7 imprisoned for up to 5 years. I also understand that failure 8 to sign this certificate will invalidate my ballot. 9 10 ...(Date)... ...(Voter's Signature)... 11 12 (2) The certificate shall be arranged on the back of 13 the mailing envelope so that the line for the signature of the 14 absent elector is across the seal of the envelope; however, no 15 statement shall appear on the envelope which indicates that a 16 signature of the voter must cross the seal of the envelope. 17 The absent elector shall execute the certificate on the 18 envelope. 19 (3) In lieu of the voter's certificate provided in 20 this section, the supervisor of elections shall provide each 21 person voting absentee under the Uniformed and Overseas 22 Citizens Absentee Voting Act with the standard oath prescribed 23 by the presidential designee. 24 Section 46. Subsection (1) of section 101.657, Florida 25 Statutes, is amended, present subsection (2) of that section 26 is renumbered as subsection (3), and a new subsection (2) is 27 added to that section, to read: 28 101.657 Early voting.-- 29 (1)(a) As a convenience to the voter, the supervisor 30 of elections shall allow an elector to vote early in the main 31 or branch office of the supervisor by depositing the voted 74 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 ballot in a voting device used by the supervisor to collect or 2 tabulate ballots. In order for a branch office to be used for 3 early voting, it shall be a permanent full-service facility of 4 the supervisor and shall have been designated and used as such 5 for at least 1 year prior to the election. The supervisor may 6 also designate any city hall or permanent public library 7 facility as early voting sites; however, if so designated, the 8 sites must be geographically located so as to provide all 9 voters in the county an equal opportunity to cast a ballot, 10 insofar as is practicable. The results or tabulation of votes 11 cast during early voting may not be made before the close of 12 the polls on election day. Results shall be reported by 13 precinct. 14 (b) The supervisor shall designate each early voting 15 site by no later than the 30th day prior to an election and 16 shall designate an early voting area, as defined in s. 97.021, 17 at each early voting site. Designation of early voting sites 18 may not be changed except by petition to the division, which 19 petition shall only be granted for reasons of a natural or 20 unavoidable event resulting in the unavailability of such 21 early voting site. 22 (c) All early voting sites in a county shall be open 23 on the same days for the same amount of time and shall allow 24 any person in line at the closing of an early voting site to 25 vote. 26 (d)(b) Early voting shall begin on the 15th day before 27 an election and end on the 2nd day before an election. For 28 purposes of a special election held pursuant to s. 100.101, 29 early voting shall begin on the 8th day before an election and 30 end on the 2nd day before an election. Early voting shall be 31 provided for at least 8 hours per weekday and 8 hours in the 75 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 aggregate each weekend at each site during the applicable 2 periods. Early voting sites shall open no sooner than 7 a.m. 3 and close no later than 7 p.m. on each applicable day during 4 the applicable periods. Early voting shall also be provided 5 for 8 hours in the aggregate for each weekend during the 6 applicable periods. 7 (e) Notwithstanding the requirements of s. 100.3605, 8 municipalities may provide early voting in municipal elections 9 that are not held in conjunction with county or state 10 elections. If a municipality provides early voting, it may 11 designate as many sites as necessary and shall conduct its 12 activities in accordance with the provisions of paragraphs 13 (a)-(c). The supervisor is not required to conduct early 14 voting if it is provided pursuant to this subsection. 15 (f) Notwithstanding the requirements of s. 189.405, 16 special districts may provide early voting in any district 17 election not held in conjunction with county or state 18 elections. If a special district provides early voting, it may 19 designate as many sites as necessary and shall conduct its 20 activities in accordance with the provisions of paragraphs 21 (a)-(c). The supervisor is not required to conduct early 22 voting if it is provided pursuant to this subsection. 23 (2) During any early voting period, each supervisor of 24 elections shall make available the total number of voters 25 casting a ballot at each early voting location during the 26 previous day. Each supervisor shall prepare an electronic data 27 file listing the individual voters who cast a ballot during 28 the early voting period. This information shall be provided in 29 electronic format as provided by rule adopted by the division. 30 The information shall be updated and made available no later 31 than noon of each day and shall be contemporaneously provided 76 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 to the division. 2 Section 47. Subsection (2) of section 101.663, Florida 3 Statutes, is amended to read: 4 101.663 Electors; change of residence.-- 5 (2) An elector registered in this state who moves his 6 or her permanent residence to another state after the 7 registration books in that state have closed and who is 8 prohibited by the laws of that state from voting for the 9 offices of President and Vice President of the United States 10 shall be permitted to vote absentee in the county of his or 11 her former residence for the offices of President and Vice 12 President of the United States those offices. 13 Section 48. Subsection (1) of section 101.68, Florida 14 Statutes, is amended to read: 15 101.68 Canvassing of absentee ballot.-- 16 (1) The supervisor of the county where the absent 17 elector resides shall receive the voted ballot, at which time 18 the supervisor shall compare the signature of the elector on 19 the voter's certificate with the signature of the elector in 20 the registration books to determine whether the elector is 21 duly registered in the county and may record on the elector's 22 registration certificate that the elector has voted. The 23 supervisor shall safely keep the ballot unopened in his or her 24 office until the county canvassing board canvasses the vote. 25 After an absentee ballot is received by the supervisor, the 26 ballot is deemed to have been cast, and changes or additions 27 may not be made to the voter's certificate. 28 Section 49. Section 101.69, Florida Statutes, is 29 amended to read: 30 101.69 Voting in person; return of absentee 31 ballot.--The provisions of this code shall not be construed to 77 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 prohibit any elector from voting in person at the elector's 2 precinct on the day of an election or at an early voting site, 3 notwithstanding that the elector has requested an absentee 4 ballot for that election. An elector who has returned a voted 5 absentee ballot to the supervisor, however, is deemed to have 6 cast his or her ballot and is not entitled to vote another 7 ballot or to have a provisional ballot counted by the county 8 canvassing board. An elector who has received an absentee 9 ballot and has not returned the voted ballot to the 10 supervisor, but desires to vote in person, shall return the 11 ballot, whether voted or not, to the election board in the 12 elector's precinct or to an early voting site. The returned 13 ballot shall be marked "canceled" by the board and placed with 14 other canceled ballots. However, if the elector does not 15 return the ballot and the election official: 16 (1) Confirms that the supervisor has received the 17 elector's absentee ballot, the elector shall not be allowed to 18 vote in person. If the elector maintains that he or she has 19 not returned the absentee ballot or remains eligible to vote, 20 the elector shall be provided a provisional ballot as provided 21 in s. 101.048. 22 (2) Confirms that the supervisor has not received the 23 elector's absentee ballot, the elector shall be allowed to 24 vote in person as provided in this code. The elector's 25 absentee ballot, if subsequently received, shall not be 26 counted and shall remain in the mailing envelope, and the 27 envelope shall be marked "Rejected as Illegal." 28 (3) Cannot determine whether the supervisor has 29 received the elector's absentee ballot, the elector may vote a 30 provisional ballot as provided in s. 101.048. 31 Section 50. Section 101.6923, Florida Statutes, is 78 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 amended to read: 2 101.6923 Special absentee ballot instructions for 3 certain first-time voters.-- 4 (1) The provisions of this section apply to voters who 5 registered to vote by mail, who have not previously voted in 6 the county, and who have not provided the identification or 7 information required by s. 97.0535 by the time the absentee 8 ballot is mailed. 9 (2) A voter covered by this section shall be provided 10 with the following printed instructions with his or her 11 absentee ballot in substantially the following form: 12 13 READ THESE INSTRUCTIONS CAREFULLY BEFORE 14 MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE 15 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO 16 COUNT. 17 18 1. In order to ensure that your absentee ballot will 19 be counted, it should be completed and returned as soon as 20 possible so that it can reach the supervisor of elections of 21 the county in which your precinct is located no later than 7 22 p.m. on the date of the election. 23 2. Mark your ballot in secret as instructed on the 24 ballot. You must mark your own ballot unless you are unable to 25 do so because of blindness, disability, or inability to read 26 or write. 27 3. Mark only the number of candidates or issue choices 28 for a race as indicated on the ballot. If you are allowed to 29 "Vote for One" candidate and you vote for more than one, your 30 vote in that race will not be counted. 31 4. Place your marked ballot in the enclosed secrecy 79 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 envelope and seal the envelope. 2 5. Insert the secrecy envelope into the enclosed 3 envelope bearing the Voter's Certificate. Seal the envelope 4 and completely fill out the Voter's Certificate on the back of 5 the envelope. 6 a. You must sign your name on the line above (Voter's 7 Signature). 8 b. If you are an overseas voter, you must include the 9 date you signed the Voter's Certificate on the line above 10 (Date) or your ballot may not be counted. 11 6. Unless you meet one of the exemptions in Item 7., 12 you must make a copy of one of the following forms of 13 identification: 14 a. Identification which must include your name and 15 photograph: current and valid Florida driver's license; 16 Florida identification card issued by the Department of 17 Highway Safety and Motor Vehicles; United States passport; 18 employee badge or identification; buyer's club identification 19 card; debit or credit card; military identification; student 20 identification; retirement center identification; neighborhood 21 association identification; entertainment identification; or 22 public assistance identification; or 23 b. Identification which shows your name and current 24 residence address: current utility bill, bank statement, 25 government check, paycheck, or government document (excluding 26 voter identification card). 27 7. The identification requirements of Item 6. do not 28 apply if you meet one of the following requirements: 29 a. You are 65 years of age or older. 30 b. You have a temporary or permanent physical 31 disability. 80 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 c. You are a member of a uniformed service on active 2 duty who, by reason of such active duty, will be absent from 3 the county on election day. 4 d. You are a member of the Merchant Marine who, by 5 reason of service in the Merchant Marine, will be absent from 6 the county on election day. 7 e. You are the spouse or dependent of a member 8 referred to in paragraph c. or paragraph d. who, by reason of 9 the active duty or service of the member, will be absent from 10 the county on election day. 11 f. You are currently residing outside the United 12 States. 13 8. Place the envelope bearing the Voter's Certificate 14 into the mailing envelope addressed to the supervisor. Insert 15 a copy of your identification in the mailing envelope. DO NOT 16 PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE 17 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S 18 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 19 9. Mail, deliver, or have delivered the completed 20 mailing envelope. Be sure there is sufficient postage if 21 mailed. 22 10. FELONY NOTICE. It is a felony under Florida law to 23 accept any gift, payment, or gratuity in exchange for your 24 vote for a candidate. It is also a felony under Florida law to 25 vote in an election using a false identity or false address, 26 or under any other circumstances making your ballot false or 27 fraudulent. 28 Section 51. Subsection (3) of section 101.694, Florida 29 Statutes, is amended to read: 30 101.694 Mailing of ballots upon receipt of federal 31 postcard application.-- 81 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (3) Absentee envelopes printed for voters entitled to 2 vote absentee under the Uniformed and Overseas Citizens 3 Absentee Voting Act shall meet the specifications as 4 determined by the Federal Voting Assistance Program of the 5 United States Department of Defense and the United States 6 Postal Service. There shall be printed across the face of each 7 envelope in which a ballot is sent to a federal postcard 8 applicant, or is returned by such applicant to the supervisor, 9 two parallel horizontal red bars, each one-quarter inch wide, 10 extending from one side of the envelope to the other side, 11 with an intervening space of one-quarter inch, the top bar to 12 be 1 1/4 inches from the top of the envelope, and with the 13 words "Official Election Balloting Material-via Air Mail," or 14 similar language, between the bars. There shall be printed in 15 the upper right corner of each such envelope, in a box, the 16 words "Free of U. S. Postage, including Air Mail." All 17 printing on the face of each envelope shall be in red, and 18 there shall be printed in red in the upper left corner of each 19 ballot envelope an appropriate inscription or blanks for 20 return address of sender. Additional specifications may be 21 prescribed by rule of the Division of Elections upon 22 recommendation of the presidential designee under the 23 Uniformed and Overseas Citizens Absentee Voting Act. 24 Otherwise, the envelopes shall be the same as those used in 25 sending ballots to, or receiving them from, other absentee 26 voters. 27 Section 52. Section 101.697, Florida Statutes, is 28 amended to read: 29 101.697 Electronic transmission of election 30 materials.--The Department of State shall determine whether 31 secure electronic means can be established for receiving 82 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 ballots from overseas voters. If such security can be 2 established, the department shall adopt rules to authorize a 3 supervisor of elections to accept from an overseas voter a 4 request for an absentee ballot or and a voted absentee ballot 5 by secure facsimile machine transmission or other secure 6 electronic means from overseas voters. The rules must provide 7 that in order to accept a voted ballot, the verification of 8 the voter must be established, the security of the 9 transmission must be established, and each ballot received 10 must be recorded. 11 Section 53. Section 102.012, Florida Statutes, is 12 amended to read: 13 102.012 Inspectors and clerks to conduct elections.-- 14 (1) The supervisor of elections of each county, at 15 least 20 days prior to the holding of any election, shall 16 appoint an election board comprised of poll workers who serve 17 as clerks or inspectors two election boards for each precinct 18 in the county; however, the supervisor of elections may, in 19 any election, appoint one election board if the supervisor has 20 reason to believe that only one is necessary. The clerk shall 21 be in charge of, and responsible for, seeing that the election 22 board carries out its duties and responsibilities. Each 23 inspector and each clerk shall take and subscribe to an oath 24 or affirmation, which shall be written or printed, to the 25 effect that he or she will perform the duties of inspector or 26 clerk of election, respectively, according to law and will 27 endeavor to prevent all fraud, deceit, or abuse in conducting 28 the election. The oath may be taken before an officer 29 authorized to administer oaths or before any of the persons 30 who are to act as inspectors, one of them to swear the others, 31 and one of the others sworn thus, in turn, to administer the 83 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 oath to the one who has not been sworn. The oaths shall be 2 returned with the poll list and the returns of the election to 3 the supervisor. In all questions that may arise before the 4 members of an election board, the decision of a majority of 5 them shall decide the question. The supervisor of elections 6 of each county shall be responsible for the attendance and 7 diligent performance of his or her duties by each clerk and 8 inspector. 9 (2) Each member of the election board shall be able to 10 read and write the English language and shall be a registered 11 qualified elector of the county in which the member is 12 appointed or a person who has preregistered to vote, pursuant 13 to s. 97.041(1)(b), in the county in which the member is 14 appointed. No election board shall be composed solely of 15 members of one political party; however, in any primary in 16 which only one party has candidates appearing on the ballot, 17 all clerks and inspectors may be of that party. Any person 18 whose name appears as an opposed candidate for any office 19 shall not be eligible to serve on an election board. 20 (3) The supervisor shall furnish inspectors of 21 election for each precinct with the list of registered voters 22 for the precinct registration books divided alphabetically as 23 will best facilitate the holding of an election. The 24 supervisor shall also furnish to the inspectors of election at 25 the polling place at each precinct in the supervisor's county 26 a sufficient number of forms and blanks for use on election 27 day. 28 (4)(a) The election board of each precinct shall 29 attend the polling place by 6 a.m. of the day of the election 30 and shall arrange the furniture, stationery, and voting 31 equipment. 84 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (b) The An election board shall conduct the voting, 2 beginning and closing at the time set forth in s. 100.011. If 3 more than one board has been appointed, the second board 4 shall, upon the closing of the polls, come on duty and count 5 the votes cast. In such case, the first board shall turn over 6 to the second board all closed ballot boxes, registration 7 books, and other records of the election at the time the 8 boards change. The second board shall continue counting until 9 the count is complete or until 7 a.m. the next morning, and, 10 if the count is not completed at that time, the first board 11 that conducted the election shall again report for duty and 12 complete the count. The second board shall turn over to the 13 first board all ballots counted, all ballots not counted, and 14 all registration books and other records and shall advise the 15 first board as to what has transpired in tabulating the 16 results of the election. 17 (5) In precincts in which there are more than 1,000 18 registered electors, the supervisor of elections shall appoint 19 additional election boards necessary for the election. 20 (6) In any precinct in which there are fewer than 300 21 registered electors, it is not necessary to appoint two 22 election boards, but one such board will suffice. Such board 23 shall be composed of at least one inspector and one clerk. 24 Section 54. Subsections (1), (2), (3), and (5) of 25 section 102.014, Florida Statutes, is amended to read: 26 102.014 Poll worker recruitment and training.-- 27 (1) The supervisor of elections shall conduct training 28 for inspectors, clerks, and deputy sheriffs prior to each 29 primary, general, and special election for the purpose of 30 instructing such persons in their duties and responsibilities 31 as election officials. The Division of Elections shall develop 85 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 a statewide uniform training curriculum for poll workers, and 2 each supervisor shall use such curriculum in training poll 3 workers. A certificate may be issued by the supervisor of 4 elections to each person completing such training. No person 5 shall serve as an inspector, clerk, or deputy sheriff for an 6 election unless such person has completed the training as 7 required. A clerk may not work at the polls unless he or she 8 demonstrates a working knowledge of the laws and procedures 9 relating to voter registration, voting system operation, 10 balloting and polling place procedures, and problem-solving 11 and conflict-resolution skills. 12 (2) A person who has attended previous training 13 conducted within 2 years before the election may be appointed 14 by the supervisor to fill a vacancy on an election board day. 15 If no person with prior training is available to fill such 16 vacancy, the supervisor of elections may fill such vacancy in 17 accordance with the provisions of subsection (3) from among 18 persons who have not received the training required by this 19 section. 20 (3) In the case of absence or refusal to act on the 21 part of any inspector or clerk at any precinct on the day of 22 an election, the supervisor shall appoint a replacement who 23 meets the qualifications prescribed in s. 102.012(2). The 24 inspector or clerk so appointed shall be a member of the same 25 political party as the clerk or inspector whom he or she 26 replaces. 27 (5) The Department of State shall create a uniform 28 polling place procedures manual and adopt the manual by rule. 29 Each supervisor of elections shall ensure that the manual is 30 available in hard copy or electronic form in every polling 31 place precinct in the supervisor's jurisdiction on election 86 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 day. The manual shall guide inspectors, clerks, and deputy 2 sheriffs in the proper implementation of election procedures 3 and laws. The manual shall be indexed by subject, and written 4 in plain, clear, unambiguous language. The manual shall 5 provide specific examples of common problems encountered at 6 the polls on election day, and detail specific procedures for 7 resolving those problems. The manual shall include, without 8 limitation: 9 (a) Regulations governing solicitation by individuals 10 and groups at the polling place; 11 (b) Procedures to be followed with respect to voters 12 whose names are not on the precinct register; 13 (c) Proper operation of the voting system; 14 (d) Ballot handling procedures; 15 (e) Procedures governing spoiled ballots; 16 (f) Procedures to be followed after the polls close; 17 (g) Rights of voters at the polls; 18 (h) Procedures for handling emergency situations; 19 (i) Procedures for dealing with irate voters; 20 (j) The handling and processing of provisional 21 ballots; and 22 (k) Security procedures. 23 24 The Department of State shall revise the manual as necessary 25 to address new procedures in law or problems encountered by 26 voters and poll workers at the precincts. 27 Section 55. Section 102.031, Florida Statutes, is 28 amended to read: 29 102.031 Maintenance of good order at polls; 30 authorities; persons allowed in polling rooms and early voting 31 areas; unlawful solicitation of voters.-- 87 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (1) Each election board shall possess full authority 2 to maintain order at the polls and enforce obedience to its 3 lawful commands during an election and the canvass of the 4 votes. 5 (2) The sheriff shall deputize a deputy sheriff for 6 each polling place and each early voting site who shall be 7 present during the time the polls or early voting sites are 8 open and until the election is completed, who shall be subject 9 to all lawful commands of the clerk or inspectors, and who 10 shall maintain good order. The deputy may summon assistance 11 from among bystanders to aid him or her when necessary to 12 maintain peace and order at the polls or early voting sites. 13 (3)(a) No person may enter any polling room or polling 14 place where the polling place is also a polling room, or any 15 early voting area during voting hours except the following: 16 1. Official poll watchers; 17 2. Inspectors; 18 3. Election clerks; 19 4. The supervisor of elections or his or her deputy; 20 5. Persons there to vote, persons in the care of a 21 voter, or persons caring for such voter; 22 6. Law enforcement officers or emergency service 23 personnel there with permission of the clerk or a majority of 24 the inspectors; or 25 7. A person, whether or not a registered voter, who is 26 assisting with or participating in a simulated election for 27 minors, as approved by the supervisor of elections. 28 (b) The restriction in this subsection does not apply 29 where the polling room is in an area commonly traversed by the 30 public in order to gain access to businesses or homes or in an 31 area traditionally utilized as a public area for discussion. 88 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (4)(a)(c) No person, political committee, committee of 2 continuous existence, or other group or organization may 3 solicit voters inside the polling place or within 100 50 feet 4 of the entrance to any polling place, or polling room where 5 the polling place is also a polling room, or early voting 6 site. Before the opening of the polling place or early voting 7 site, the clerk or supervisor shall designate the 8 no-solicitation zone and mark the boundaries. on the day of 9 any election. 10 1. Solicitation shall not be restricted if: 11 a. Conducted from a separately marked area within the 12 50-foot zone so as not to disturb, hinder, impede, obstruct, 13 or interfere with voter access to the polling place or polling 14 room entrance; and 15 b. The solicitation activities and subject matter are 16 clearly and easily identifiable by the voters as an activity 17 in which they may voluntarily participate; or 18 c. Conducted on property within the 50-foot zone which 19 is a residence, established business, private property, 20 sidewalk, park, or property traditionally utilized as a public 21 area for discussion. 22 2. Solicitation shall not be permitted within the 23 50-foot zone on a public sidewalk or other similar means of 24 access to the polling room if it is clearly identifiable to 25 the poll workers that the solicitation is impeding, 26 obstructing, or interfering with voter access to the polling 27 room or polling place. 28 (b)(d) For the purpose of this subsection, the term 29 "solicit" shall include, but not be limited to, seeking or 30 attempting to seek any vote, fact, opinion, or contribution; 31 distributing or attempting to distribute any political or 89 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 campaign material, leaflet, or handout; conducting a poll; 2 seeking or attempting to seek a signature on any petition; and 3 selling or attempting to sell any item. 4 (c)(e) Each supervisor of elections shall inform the 5 clerk of each precinct of the area within which soliciting is 6 unlawful, based on the particular characteristics of that 7 polling place. The supervisor or the clerk may take any 8 reasonable action necessary to ensure order at the polling 9 places, including, but not limited to, which shall include: 10 1. Designating a specific area for soliciting pursuant 11 to paragraph (c) of this subsection, or 12 2. having disruptive and unruly persons removed by law 13 enforcement officers from the polling room or place or from 14 the 100-foot 50-foot zone surrounding the polling place. 15 (5) No photography is permitted in the polling room or 16 early voting area. 17 Section 56. Section 102.071, Florida Statutes, is 18 amended to read: 19 102.071 Tabulation of votes and proclamation of 20 results where ballots are used.--The election board shall post 21 at the polls, for the benefit of the public, the results of 22 the voting for each office or other item on the ballot as the 23 count is completed. Upon completion of all counts in all 24 races, a certificate triplicate certificates of the results 25 shall be drawn up by the inspectors and clerk at each precinct 26 upon a form provided by the supervisor of elections which 27 shall contain the name of each person voted for, for each 28 office, and the number of votes cast for each person for such 29 office; and, if any question is submitted, the certificate 30 shall also contain the number of votes cast for and against 31 the question. The certificate shall be signed by the 90 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 inspectors and clerk, and one of the certificates shall be 2 delivered without delay by one of the inspectors, securely 3 sealed, to the supervisor for immediate publication; the 4 duplicate copy of the certificate shall be delivered to the 5 county court judge; and the remaining copy shall be enclosed 6 in the ballot box together with the oaths of inspectors and 7 clerks. All the ballot boxes, ballots, ballot stubs, 8 memoranda, and papers of all kinds used in the election shall 9 also be transmitted, after being sealed by the inspectors, to 10 with the certificates of result of the election to be filed in 11 the supervisor's office. Registration books and the poll lists 12 shall not be placed in the ballot boxes but shall be returned 13 to the supervisor. 14 Section 57. Section 102.111, Florida Statutes, is 15 amended to read: 16 102.111 Elections Canvassing Commission.-- 17 (1) The Elections Canvassing Commission shall consist 18 of the Governor and two members of the Cabinet selected by the 19 Governor. If a member of the Elections Canvassing Commission 20 is unable to serve for any reason, the Governor shall appoint 21 a remaining member of the Cabinet. If there is a further 22 vacancy, the remaining members of the commission shall agree 23 on another elected official to fill the vacancy. The Elections 24 Canvassing Commission shall, as soon as the official results 25 are compiled from all counties, certify the returns of the 26 election and determine and declare who has been elected for 27 each federal, state, and multicounty office. If a member of a 28 county canvassing board that was constituted pursuant to s. 29 102.141 determines, within 5 days after the certification by 30 the Elections Canvassing Commission, that a typographical 31 error occurred in the official returns of the county, the 91 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 correction of which could result in a change in the outcome of 2 an election, the county canvassing board must certify 3 corrected returns to the Department of State within 24 hours, 4 and the Elections Canvassing Commission must correct and 5 recertify the election returns as soon as practicable. 6 (2) The Division of Elections shall provide the staff 7 services required by the Elections Canvassing Commission. 8 Section 58. Section 102.112, Florida Statutes, is 9 amended to read: 10 102.112 Deadline for submission of county returns to 11 the Department of State.-- 12 (1) The county canvassing board or a majority thereof 13 shall file the county returns for the election of a federal or 14 state officer with the Department of State immediately after 15 certification of the election results. The returns must 16 contain a certification by the canvassing board that the board 17 has reconciled the number of persons who voted with the number 18 of ballots counted and that the certification includes all 19 valid votes cast in the election. 20 (2) Returns must be filed by 5 p.m. on the 7th day 21 following a primary election and by 5 p.m. on the 11th day 22 following the general election. However, the Department of 23 State may correct typographical errors, including the 24 transposition of numbers, in any returns submitted to the 25 Department of State pursuant to s. 102.111(1). 26 (3) If the returns are not received by the department 27 by the time specified, such returns shall be ignored and the 28 results on file at that time shall be certified by the 29 department. 30 (4) If the returns are not received by the department 31 due to an emergency, as defined in s. 101.732, the Elections 92 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Canvassing Commission shall determine the deadline by which 2 the returns must be received. 3 Section 59. Section 102.141, Florida Statutes, is 4 amended to read: 5 102.141 County canvassing board; duties.-- 6 (1) The county canvassing board shall be composed of 7 the supervisor of elections; a county court judge, who shall 8 act as chair; and the chair of the board of county 9 commissioners. In the event any member of the county 10 canvassing board is unable to serve, is a candidate who has 11 opposition in the election being canvassed, or is an active 12 participant in the campaign or candidacy of any candidate who 13 has opposition in the election being canvassed, such member 14 shall be replaced as follows: 15 (a) If no county court judge is able to serve or if 16 all are disqualified, the chief judge of the judicial circuit 17 in which the county is located shall appoint as a substitute 18 member a qualified elector of the county who is not a 19 candidate with opposition in the election being canvassed and 20 who is not an active participant in the campaign or candidacy 21 of any candidate with opposition in the election being 22 canvassed. In such event, the members of the county 23 canvassing board shall meet and elect a chair. 24 (b) If the supervisor of elections is unable to serve 25 or is disqualified, the chair of the board of county 26 commissioners shall appoint as a substitute member a member of 27 the board of county commissioners who is not a candidate with 28 opposition in the election being canvassed and who is not an 29 active participant in the campaign or candidacy of any 30 candidate with opposition in the election being canvassed. 31 The supervisor, however, shall act in an advisory capacity to 93 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 the canvassing board. 2 (c) If the chair of the board of county commissioners 3 is unable to serve or is disqualified, the board of county 4 commissioners shall appoint as a substitute member one of its 5 members who is not a candidate with opposition in the election 6 being canvassed and who is not an active participant in the 7 campaign or candidacy of any candidate with opposition in the 8 election being canvassed. 9 (d) If a substitute member cannot be appointed as 10 provided elsewhere in this subsection, the chief judge of the 11 judicial circuit in which the county is located shall appoint 12 as a substitute member a qualified elector of the county who 13 is not a candidate with opposition in the election being 14 canvassed and who is not an active participant in the campaign 15 or candidacy of any candidate with opposition in the election 16 being canvassed. 17 (2) The county canvassing board shall meet in a 18 building accessible to the public in the county where the 19 election occurred at a time and place to be designated by the 20 supervisor of elections to publicly canvass the absentee 21 electors' ballots as provided for in s. 101.68 and provisional 22 ballots as provided by ss. 101.048, 101.049, and 101.6925. 23 Provisional ballots cast pursuant to s. 101.049 shall be 24 canvassed in a manner that votes for candidates and issues on 25 those ballots can be segregated from other votes. Public 26 notice of the time and place at which the county canvassing 27 board shall meet to canvass the absentee electors' ballots and 28 provisional ballots shall be given at least 48 hours prior 29 thereto by publication once in one or more newspapers of 30 general circulation in the county or, if there is no newspaper 31 of general circulation in the county, by posting such notice 94 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 in at least four conspicuous places in the county. As soon as 2 the absentee electors' ballots and the provisional ballots are 3 canvassed, the board shall proceed to publicly canvass the 4 vote given each candidate, nominee, constitutional amendment, 5 or other measure submitted to the electorate of the county, as 6 shown by the returns then on file in the office of the 7 supervisor of elections and the office of the county court 8 judge. 9 (3) The canvass, except the canvass of absentee 10 electors' returns and the canvass of provisional ballots, 11 shall be made from the returns and certificates of the 12 inspectors as signed and filed by them with the county court 13 judge and supervisor, respectively, and the county canvassing 14 board shall not change the number of votes cast for a 15 candidate, nominee, constitutional amendment, or other measure 16 submitted to the electorate of the county, respectively, in 17 any polling place, as shown by the returns. All returns shall 18 be made to the board on or before 2 a.m. of the day following 19 any primary, general, special, or other election. If the 20 returns from any precinct are missing, if there are any 21 omissions on the returns from any precinct, or if there is an 22 obvious error on any such returns, the canvassing board shall 23 order a retabulation recount of the returns from such 24 precinct. Before canvassing such returns, the canvassing 25 board shall examine the tabulation of the ballots cast in such 26 precinct and determine whether the returns correctly reflect 27 the votes cast. If there is a discrepancy between the returns 28 and the tabulation of the ballots cast, the tabulation of the 29 ballots cast shall be presumed correct and such votes shall be 30 canvassed accordingly. 31 (4) The canvassing board shall submit on forms or in 95 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 formats provided by the division unofficial returns to the 2 Department of State for each federal, statewide, state, or 3 multicounty office or ballot measure no later than noon on the 4 third second day after any primary election and no later than 5 noon on the fifth day after any, general, special, or other 6 election. Such returns shall include the canvass of all 7 ballots as required by subsection (2), except for provisional 8 ballots, which returns shall be reported at the time required 9 for official returns pursuant to s. 102.112(2). 10 (5) If the county canvassing board determines that the 11 unofficial returns may contain a counting error in which the 12 vote tabulation system failed to count votes that were 13 properly marked in accordance with the instructions on the 14 ballot, the county canvassing board shall: 15 (a) Correct the error and retabulate recount the 16 affected ballots with the vote tabulation system; or 17 (b) Request that the Department of State verify the 18 tabulation software. When the Department of State verifies 19 such software, the department shall compare the software used 20 to tabulate the votes with the software filed with the 21 department pursuant to s. 101.5607 and check the election 22 parameters. 23 (6) If the unofficial returns reflect that a candidate 24 for any office was defeated or eliminated by one-half of a 25 percent or less of the votes cast for such office, that a 26 candidate for retention to a judicial office was retained or 27 not retained by one-half of a percent or less of the votes 28 cast on the question of retention, or that a measure appearing 29 on the ballot was approved or rejected by one-half of a 30 percent or less of the votes cast on such measure, the board 31 responsible for certifying the results of the vote on such 96 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 race or measure shall order a recount of the votes cast with 2 respect to such office or measure. The Elections Canvassing 3 Commission is the board responsible for ordering federal, 4 state, and multi county recounts. A recount need not be 5 ordered with respect to the returns for any office, however, 6 if the candidate or candidates defeated or eliminated from 7 contention for such office by one-half of a percent or less of 8 the votes cast for such office request in writing that a 9 recount not be made. 10 (a) In counties with voting systems that use paper 11 ballots, Each canvassing board responsible for conducting a 12 recount shall put each marksense ballot through automatic 13 tabulating equipment and determine whether the returns 14 correctly reflect the votes cast. If any marksense paper 15 ballot is physically damaged so that it cannot be properly 16 counted by the automatic tabulating equipment during the 17 recount, a true duplicate shall be made of the damaged ballot 18 pursuant to the procedures in s. 101.5614(5). Immediately 19 before the start of the recount and after completion of the 20 count, a test of the tabulating equipment shall be conducted 21 as provided in s. 101.5612. If the test indicates no error, 22 the recount tabulation of the ballots cast shall be presumed 23 correct and such votes shall be canvassed accordingly. If an 24 error is detected, the cause therefor shall be ascertained and 25 corrected and the recount repeated, as necessary. The 26 canvassing board shall immediately report the error, along 27 with the cause of the error and the corrective measures being 28 taken, to the Department of State. No later than 11 days after 29 the election, the canvassing board shall file a separate 30 incident report with the Department of State, detailing the 31 resolution of the matter and identifying any measures that 97 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 will avoid a future recurrence of the error. 2 (b) In counties with voting systems that do not use 3 paper ballots, Each canvassing board responsible for 4 conducting a recount where touchscreen ballots were used shall 5 examine the counters on the precinct tabulators to ensure that 6 the total of the returns on the precinct tabulators equals the 7 overall election return. If there is a discrepancy between the 8 overall election return and the counters of the precinct 9 tabulators, the counters of the precinct tabulators shall be 10 presumed correct and such votes shall be canvassed 11 accordingly. 12 (c) The canvassing board shall submit on forms or in 13 formats provided by the division a second set of unofficial 14 returns to the Department of State for each federal, 15 statewide, state, or multicounty office or ballot measure no 16 later than 3 p.m. noon on the fifth third day after any 17 primary election and no later than 3 p.m. on the eighth day 18 after any general election in which a recount was conducted 19 pursuant to this subsection. If the canvassing board is unable 20 to complete the recount prescribed in this subsection by the 21 deadline, the second set of unofficial returns submitted by 22 the canvassing board shall be identical to the initial 23 unofficial returns and the submission shall also include a 24 detailed explanation of why it was unable to timely complete 25 the recount. However, the canvassing board shall complete the 26 recount prescribed in this subsection, along with any manual 27 recount prescribed in s. 102.166, and certify election returns 28 in accordance with the requirements of this chapter. 29 (d) The Department of State shall adopt detailed rules 30 prescribing additional recount procedures for each certified 31 voting system, which shall be uniform to the extent 98 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 practicable. 2 (7) The canvassing board may employ such clerical help 3 to assist with the work of the board as it deems necessary, 4 with at least one member of the board present at all times, 5 until the canvass of the returns is completed. The clerical 6 help shall be paid from the same fund as inspectors and other 7 necessary election officials. 8 (8)(a) At the same time that the official results of 9 an election are certified to the Department of State, the 10 county canvassing board shall file a report with the Division 11 of Elections on the conduct of the election. The report must 12 describe: 13 1. All equipment or software malfunctions at the 14 precinct level, at a counting location, or within computer and 15 telecommunications networks supporting a county location, and 16 the steps that were taken to address the malfunctions; 17 2. All election definition errors that were discovered 18 after the logic and accuracy test, and the steps that were 19 taken to address the errors; 20 3. All ballot printing errors or ballot supply 21 problems, and the steps that were taken to address the errors 22 or problems; 23 4. All staffing shortages or procedural violations by 24 employees or precinct workers which were addressed by the 25 supervisor of elections or the county canvassing board during 26 the conduct of the election, and the steps that were taken to 27 correct such issues; 28 5. All instances where needs for staffing or equipment 29 were insufficient to meet the needs of the voters; and 30 6. Any additional information regarding material 31 issues or problems associated with the conduct of the 99 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 election. 2 (b) If a supervisor discovers new or additional 3 information on any of the items required to be included in the 4 report pursuant to paragraph (a) after the report is filed, 5 the supervisor shall notify the division that new information 6 has been discovered no later than the next business day after 7 the discovery and the supervisor shall file an amended report 8 signed by the supervisor of elections on the conduct of the 9 election within 10 days after the discovery. shall contain 10 information relating to any problems incurred as a result of 11 equipment malfunctions either at the precinct level or at a 12 counting location, any difficulties or unusual circumstances 13 encountered by an election board or the canvassing board, and 14 any other additional information which the canvassing board 15 feels should be made a part of the official election record. 16 (c) Such reports shall be maintained on file in the 17 Division of Elections and shall be available for public 18 inspection. The division shall utilize the reports submitted 19 by the canvassing boards to determine what problems may be 20 likely to occur in other elections and disseminate such 21 information, along with possible solutions, to the supervisors 22 of elections. 23 (9) The supervisor shall file with the department a 24 copy of or an export file from the results database of the 25 county's voting system and other statistical information as 26 may be required by the department, the Legislature, or the 27 Election Assistance Commission. The department shall adopt 28 rules establishing the required content and acceptable formats 29 for the filings and time for filings. 30 Section 60. Section 102.166, Florida Statutes, is 31 amended to read: 100 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 102.166 Manual recounts.-- 2 (1) If the second set of unofficial returns pursuant 3 to s. 102.141 indicates that a candidate for any office was 4 defeated or eliminated by one-quarter of a percent or less of 5 the votes cast for such office, that a candidate for retention 6 to a judicial office was retained or not retained by 7 one-quarter of a percent or less of the votes cast on the 8 question of retention, or that a measure appearing on the 9 ballot was approved or rejected by one-quarter of a percent or 10 less of the votes cast on such measure, the board responsible 11 for certifying the results of the vote on such race or measure 12 shall order a manual recount of the overvotes and undervotes 13 cast in the entire geographic jurisdiction of such office or 14 ballot measure. A manual recount may not be ordered, however, 15 if the number of overvotes, undervotes, and provisional 16 ballots is fewer than the number of votes needed to change the 17 outcome of the election. 18 (2)(a) If the second set of unofficial returns 19 pursuant to s. 102.141 indicates that a candidate for any 20 office was defeated or eliminated by between one-quarter and 21 one-half of a percent of the votes cast for such office, that 22 a candidate for retention to judicial office was retained or 23 not retained by between one-quarter and one-half of a percent 24 of the votes cast on the question of retention, or that a 25 measure appearing on the ballot was approved or rejected by 26 between one-quarter and one-half of a percent of the votes 27 cast on such measure, any such candidate, the political party 28 of such candidate, or any political committee that supports or 29 opposes such ballot measure is entitled to a manual recount of 30 the overvotes and undervotes cast in the entire geographic 31 jurisdiction of such office or ballot measure, provided that a 101 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 request for a manual recount is made by 5 p.m. on the third 2 day after the election. 3 (b) For federal, statewide, state, and multicounty 4 races and ballot issues, requests for a manual recount shall 5 be made in writing to the state Elections Canvassing 6 Commission. For all other races and ballot issues, requests 7 for a manual recount shall be made in writing to the county 8 canvassing board. 9 (c) Upon receipt of a proper and timely request, the 10 Elections Canvassing Commission or county canvassing board 11 shall immediately order a manual recount of overvotes and 12 undervotes in all affected jurisdictions. 13 (2)(3)(a) Any hardware or software used to identify 14 and sort overvotes and undervotes for a given race or ballot 15 measure must be certified by the Department of State as part 16 of the voting system pursuant to s. 101.015. Any such hardware 17 or software must be capable of simultaneously counting votes. 18 For certified voting systems, the department shall certify 19 such hardware or software by July 1, 2002. If the department 20 is unable to certify such hardware or software for a certified 21 voting system by July 1, 2002, the department shall adopt 22 rules prescribing procedures for identifying and sorting such 23 overvotes and undervotes. The department's rules may provide 24 for the temporary use of hardware or software whose sole 25 function is identifying and sorting overvotes and undervotes. 26 (b) This subsection does not preclude the department 27 from certifying hardware or software after July 1, 2002. 28 (b)(c) Overvotes and undervotes shall be identified 29 and sorted while recounting ballots pursuant to s. 102.141, if 30 the hardware or software for this purpose has been certified 31 or the department's rules so provide. 102 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (3)(4) Any manual recount shall be open to the public. 2 (4)(5)(a) A vote for a candidate or ballot measure 3 shall be counted if there is a clear indication on the ballot 4 that the voter has made a definite choice. 5 (b) The Department of State shall adopt specific rules 6 for each certified voting system prescribing what constitutes 7 a "clear indication on the ballot that the voter has made a 8 definite choice." The rules may not: 9 1. Exclusively provide that the voter must properly 10 mark or designate his or her choice on the ballot; or 11 2. Contain a catch-all provision that fails to 12 identify specific standards, such as "any other mark or 13 indication clearly indicating that the voter has made a 14 definite choice." 15 (5)(6) Procedures for a manual recount are as follows: 16 (a) The county canvassing board shall appoint as many 17 counting teams of at least two electors as is necessary to 18 manually recount the ballots. A counting team must have, when 19 possible, members of at least two political parties. A 20 candidate involved in the race shall not be a member of the 21 counting team. 22 (b) Each duplicate ballot prepared pursuant to s. 23 101.5614(5) or s. 102.141(6) shall be compared with the 24 original ballot to ensure the correctness of the duplicate. 25 (c) If a counting team is unable to determine whether 26 the ballot contains a clear indication that the voter has made 27 a definite choice, the ballot shall be presented to the county 28 canvassing board for a determination. 29 (d) The Department of State shall adopt detailed rules 30 prescribing additional recount procedures for each certified 31 voting system which shall be uniform to the extent 103 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 practicable. The rules shall address, at a minimum, the 2 following areas: 3 1. Security of ballots during the recount process; 4 2. Time and place of recounts; 5 3. Public observance of recounts; 6 4. Objections to ballot determinations; 7 5. Record of recount proceedings; and 8 6. Procedures relating to candidate and petitioner 9 representatives. 10 Section 61. Subsections (2) and (4) of section 11 102.168, Florida Statutes, are amended to read: 12 102.168 Contest of election.-- 13 (2) Such contestant shall file a complaint, together 14 with the fees prescribed in chapter 28, with the clerk of the 15 circuit court within 10 days after midnight of the date the 16 last board responsible for certifying the results officially 17 county canvassing board empowered to canvass the returns 18 certifies the results of the election being contested. 19 (4) The county canvassing board is an indispensable 20 and or Elections Canvassing Commission shall be the proper 21 party defendant in county and local elections; the Elections 22 Canvassing Commission is an indispensable and proper party 23 defendant in federal, state, and multicounty races;, and the 24 successful candidate is shall be an indispensable party to any 25 action brought to contest the election or nomination of a 26 candidate. 27 Section 62. Subsections (1) and (4) of section 28 103.021, Florida Statutes, are amended to read: 29 103.021 Nomination for presidential 30 electors.--Candidates for presidential electors shall be 31 nominated in the following manner: 104 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (1) The Governor shall nominate the presidential 2 electors of each political party. The state executive 3 committee of each political party shall by resolution 4 recommend candidates for presidential electors and deliver a 5 certified copy thereof to the Governor before September 1 of 6 each presidential election year. The Governor He or she shall 7 nominate only the electors recommended by the state executive 8 committee of the respective political party. Each such 9 elector shall be a qualified elector of the party he or she 10 represents who has taken an oath that he or she will vote for 11 the candidates of the party that he or she is nominated to 12 represent. The Governor shall certify to the Department of 13 State on or before September 1, in each presidential election 14 year, the names of a number of electors for each political 15 party equal to the number of senators and representatives 16 which this state has in Congress. 17 (4)(a) A minor political party that is affiliated with 18 a national party holding a national convention to nominate 19 candidates for President and Vice President of the United 20 States may have the names of its candidates for President and 21 Vice President of the United States printed on the general 22 election ballot by filing with the Department of State a 23 certificate naming the candidates for President and Vice 24 President and listing the required number of persons to serve 25 as electors. Notification to the Department of State under 26 this subsection shall be made by September 1 of the year in 27 which the election is held. When the Department of State has 28 been so notified, it shall order the names of the candidates 29 nominated by the minor political party to be included on the 30 ballot and shall permit the required number of persons to be 31 certified as electors in the same manner as other party 105 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 candidates. As used in this section, the term "national party" 2 means a political party established and admitted to the ballot 3 in at least one state other than Florida and the term 4 "national convention" means any caucus, convention, meeting, 5 or any other assembly of a political party gathered, whether 6 or not such meeting is held in person or by telephonic or 7 electronic means, with the intent of nominating candidates for 8 President and Vice President of the United States. 9 (b) A minor political party that is not affiliated 10 with a national party holding a national convention to 11 nominate candidates for President and Vice President of the 12 United States may have the names of its candidates for 13 President and Vice President printed on the general election 14 ballot if a petition is signed by 1 percent of the registered 15 electors of this state, as shown by the compilation by the 16 Department of State for the preceding general election. A 17 separate petition from each county for which signatures are 18 solicited shall be submitted to the supervisors of elections 19 of the respective county no later than July 15 of each 20 presidential election year. The supervisor shall check the 21 names and, on or before the date of the first primary, shall 22 certify the number shown as registered electors of the county. 23 The supervisor shall be paid by the person requesting the 24 certification the cost of checking the petitions as prescribed 25 in s. 99.097. The supervisor shall then forward the 26 certificate to the Department of State, which shall determine 27 whether or not the percentage factor required in this section 28 has been met. When the percentage factor required in this 29 section has been met, the Department of State shall order the 30 names of the candidates for whom the petition was circulated 31 to be included on the ballot and shall permit the required 106 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 number of persons to be certified as electors in the same 2 manner as other party candidates. 3 Section 63. Section 103.051, Florida Statutes, is 4 amended to read: 5 103.051 Congress sets meeting dates of electors.--The 6 presidential electors shall, at noon on the day that which is 7 directed by Congress and at the time fixed by the Governor, 8 meet at Tallahassee and perform the duties required of them by 9 the Constitution and laws of the United States. 10 Section 64. Section 103.061, Florida Statutes, is 11 amended to read: 12 103.061 Meeting of electors and filling of 13 vacancies.--Each presidential elector shall, before 10 a.m. on 14 the day fixed by Congress to elect a President and Vice 15 President and at the time fixed by the Governor, give notice 16 to the Governor that the elector is in Tallahassee and ready 17 to perform the duties of presidential elector. The Governor 18 shall forthwith deliver to the presidential electors present a 19 certificate of the names of all the electors; and if, on 20 examination thereof, it should be found that one or more 21 electors are absent, the electors present shall elect by 22 ballot, in the presence of the Governor, a person or persons 23 to fill such vacancy or vacancies as may have occurred through 24 the nonattendance of one or more of the electors. 25 Section 65. Section 103.121, Florida Statutes, is 26 amended to read: 27 103.121 Powers and duties of executive committees.-- 28 (1)(a) Each state and county executive committee of a 29 political party shall have the power and duty: 30 1. To adopt a constitution by two-thirds vote of the 31 full committee. 107 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 2. To adopt such bylaws as it may deem necessary by 2 majority vote of the full committee. 3 3. To conduct its meetings according to generally 4 accepted parliamentary practice. 5 4. To make party nomination when required by law. 6 5. To conduct campaigns for party nominees. 7 6. To raise and expend party funds. Such funds may 8 not be expended or committed to be expended except after 9 written authorization by the chair of the state or county 10 executive committee. 11 (b) Except as otherwise provided in subsection (5), 12 The county executive committee shall receive payment of 13 assessments upon candidates to be voted for in a single county 14 except state senators and members of the House of 15 Representatives and representatives to the Congress of the 16 United States; and the state executive committees shall 17 receive all other assessments authorized. All party 18 assessments shall be 2 percent of the annual salary of the 19 office sought by the respective candidate. All such committee 20 assessments shall be remitted to the state executive committee 21 of the appropriate party and distributed in accordance with 22 subsection (5) (6). 23 (2) The state executive committee shall by resolution 24 recommend candidates for presidential electors and deliver a 25 certified copy thereof to the Governor prior to September 1 of 26 each presidential election year. 27 (2)(3) The chair and treasurer of an executive 28 committee of any political party shall be accountable for the 29 funds of such committee and jointly liable for their proper 30 expenditure for authorized purposes only. The chair and 31 treasurer of the state executive committee of any political 108 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 party shall furnish adequate bond, but not less than $10,000, 2 conditioned upon the faithful performance by such party 3 officers of their duties and for the faithful accounting for 4 party funds which shall come into their hands; and the chair 5 and treasurer of a county executive committee of a political 6 party shall furnish adequate bond, but not less than $5,000, 7 conditioned as aforesaid. A bond for the chair and treasurer 8 of the state executive committee of a political party shall be 9 filed with the Department of State. A bond for the chair and 10 treasurer of a county executive committee shall be filed with 11 the supervisor of elections. The funds of each such state 12 executive committee shall be publicly audited at the end of 13 each calendar year and a copy of such audit furnished to the 14 Department of State for its examination prior to April 1 of 15 the ensuing year. When filed with the Department of State, 16 copies of such audit shall be public documents. The treasurer 17 of each county executive committee shall maintain adequate 18 records evidencing receipt and disbursement of all party funds 19 received by him or her, and such records shall be publicly 20 audited at the end of each calendar year and a copy of such 21 audit filed with the supervisor of elections and the state 22 executive committee prior to April 1 of the ensuing year. 23 (3)(4) Any chair or treasurer of a state or county 24 executive committee of any political party who knowingly 25 misappropriates, or makes an unlawful expenditure of, or a 26 false or improper accounting for, the funds of such committee 27 is guilty of a felony of the third degree, punishable as 28 provided in s. 775.082, s. 775.083, or s. 775.084. 29 (4)(5)(a) The central committee or other equivalent 30 governing body of each state executive committee shall adopt a 31 rule which governs the time and manner in which the respective 109 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 county executive committees of such party may endorse, 2 certify, screen, or otherwise recommend one or more candidates 3 for such party's nomination for election. Upon adoption, such 4 rule shall provide the exclusive method by which a county 5 committee may so endorse, certify, screen, or otherwise 6 recommend. No later than the date on which qualifying for 7 public office begins pursuant to s. 99.061, the chair of each 8 county executive committee shall notify in writing the 9 supervisor of elections of his or her county whether the 10 county executive committee has endorsed or intends to endorse, 11 certify, screen, or otherwise recommend candidates for 12 nomination pursuant to party rule. A copy of such 13 notification shall be provided to the Secretary of State and 14 to the chair of the appropriate state executive committee. Any 15 county executive committee that endorses or intends to 16 endorse, certify, screen, or otherwise recommend one or more 17 candidates for nomination shall forfeit all party assessments 18 which would otherwise be returned to the county executive 19 committee; and such assessments shall be remitted instead to 20 the state executive committee of such party, the provisions of 21 paragraph (1)(b) to the contrary notwithstanding. No such 22 funds so remitted to the state executive committee shall be 23 paid, returned, or otherwise disbursed to the county executive 24 committee under any circumstances. Any county executive 25 committee that is in violation of any party rule after 26 receiving the party assessment shall remit such party 27 assessment to the state executive committee. 28 (b) Any state executive committee that endorses or 29 intends to endorse, certify, screen, or otherwise recommend 30 one or more candidates for nomination shall forfeit all party 31 assessments which would otherwise be returned to the state 110 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 executive committee; and such assessments shall be remitted 2 instead to the General Revenue Fund of the state. Any state 3 executive committee that is in violation of this section after 4 receiving the party assessment shall remit such party 5 assessment to the General Revenue Fund of the state. 6 (5)(6) The state chair of each state executive 7 committee shall return the 2-percent committee assessment for 8 county candidates to the appropriate county executive 9 committees only upon receipt of a written statement that such 10 county executive committee chooses not to endorse, certify, 11 screen, or otherwise recommend one or more candidates for such 12 party's nomination for election and upon the state chair's 13 determination that the county executive committee is in 14 compliance with all Florida statutes and all state party 15 rules, bylaws, constitutions, and requirements. 16 Section 66. Section 105.031, Florida Statutes, is 17 amended to read: 18 105.031 Qualification; filing fee; candidate's oath; 19 items required to be filed.-- 20 (1) TIME OF QUALIFYING.--Except for candidates for 21 judicial office, nonpartisan candidates for multicounty office 22 shall qualify with the Division of Elections of the Department 23 of State and nonpartisan candidates for countywide or less 24 than countywide office shall qualify with the supervisor of 25 elections. Candidates for judicial office other than the 26 office of county court judge shall qualify with the Division 27 of Elections of the Department of State, and candidates for 28 the office of county court judge shall qualify with the 29 supervisor of elections of the county. Candidates for 30 judicial office shall qualify no earlier than noon of the 31 120th day, and no later than noon of the 116th day, before the 111 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 first primary election. Candidates for the office of school 2 board member shall qualify no earlier than noon of the 50th 3 day, and no later than noon of the 46th day, before the first 4 primary election. Filing shall be on forms provided for that 5 purpose by the Division of Elections and furnished by the 6 appropriate qualifying officer. Any person seeking to qualify 7 by the petition process alternative method, as set forth in s. 8 105.035, who if the person has submitted the necessary 9 petitions by the required deadline and is notified after the 10 fifth day prior to the last day for qualifying that the 11 required number of signatures has been obtained, shall be 12 entitled to subscribe to the candidate's oath and file the 13 qualifying papers at any time within 5 days from the date he 14 or she is notified that the necessary number of signatures has 15 been obtained. Any person other than a write-in candidate who 16 qualifies within the time prescribed in this subsection shall 17 be entitled to have his or her name printed on the ballot. 18 (2) FILING IN GROUPS OR DISTRICTS.--Candidates shall 19 qualify in groups or districts where multiple offices are to 20 be filled. 21 (3) QUALIFYING FEE.--Each candidate qualifying for 22 election to a judicial office or the office of school board 23 member, except write-in judicial or school board candidates, 24 shall, during the time for qualifying, pay to the officer with 25 whom he or she qualifies a qualifying fee, which shall consist 26 of a filing fee and an election assessment, or qualify by the 27 petition process alternative method. The amount of the filing 28 fee is 3 percent of the annual salary of the office sought. 29 The amount of the election assessment is 1 percent of the 30 annual salary of the office sought. The Department of State 31 shall forward all filing fees to the Department of Revenue for 112 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 deposit in the Elections Commission Trust Fund. The 2 supervisor of elections shall forward all filing fees to the 3 Elections Commission Trust Fund. The election assessment 4 shall be deposited into the Elections Commission Trust Fund. 5 The annual salary of the office for purposes of computing the 6 qualifying fee shall be computed by multiplying 12 times the 7 monthly salary authorized for such office as of July 1 8 immediately preceding the first day of qualifying. This 9 subsection shall not apply to candidates qualifying for 10 retention to judicial office. 11 (4) CANDIDATE'S OATH.-- 12 (a) All candidates for the office of school board 13 member shall subscribe to the oath as prescribed in s. 99.021. 14 (b) All candidates for judicial office shall subscribe 15 to an oath or affirmation in writing to be filed with the 16 appropriate qualifying officer upon qualifying. A printed 17 copy of the oath or affirmation shall be furnished to the 18 candidate by the qualifying officer and shall be in 19 substantially the following form: 20 21 State of Florida 22 County of .... 23 Before me, an officer authorized to administer oaths, 24 personally appeared ...(please print name as you wish it to 25 appear on the ballot)..., to me well known, who, being sworn, 26 says he or she: is a candidate for the judicial office of 27 ....; that his or her legal residence is .... County, Florida; 28 that he or she is a qualified elector of the state and of the 29 territorial jurisdiction of the court to which he or she seeks 30 election; that he or she is qualified under the constitution 31 and laws of Florida to hold the judicial office to which he or 113 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 she desires to be elected or in which he or she desires to be 2 retained; that he or she has taken the oath required by ss. 3 876.05-876.10, Florida Statutes; that he or she has qualified 4 for no other public office in the state, the term of which 5 office or any part thereof runs concurrent to the office he or 6 she seeks; and that he or she has resigned from any office 7 which he or she is required to resign pursuant to s. 99.012, 8 Florida Statutes. 9 ...(Signature of candidate)... 10 ...(Address)... 11 12 Sworn to and subscribed before me this .... day of ...., 13 ...(year)..., at .... County, Florida. 14 ...(Signature and title of officer administering oath)... 15 16 (5) ITEMS REQUIRED TO BE FILED.-- 17 (a) In order for a candidate for judicial office or 18 the office of school board member to be qualified, the 19 following items must be received by the filing officer by the 20 end of the qualifying period: 21 1. Except for candidates for retention to judicial 22 office, a properly executed check drawn upon the candidate's 23 campaign account in an amount not less than the fee required 24 by subsection (3) or, in lieu thereof, the copy of the notice 25 of obtaining ballot position pursuant to s. 105.035. If a 26 candidate's check is returned by the bank for any reason, the 27 filing officer shall immediately notify the candidate and the 28 candidate shall, the end of qualifying notwithstanding, have 29 48 hours from the time such notification is received, 30 excluding Saturdays, Sundays, and legal holidays, to pay the 31 fee with a cashier's check purchased from funds of the 114 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 campaign account. Failure to pay the fee as provided in this 2 subparagraph shall disqualify the candidate. 3 2. The candidate's oath required by subsection (4), 4 which must contain the name of the candidate as it is to 5 appear on the ballot; the office sought, including the 6 district or group number if applicable; and the signature of 7 the candidate, duly acknowledged. 8 3. The loyalty oath required by s. 876.05, signed by 9 the candidate and duly acknowledged. 10 4. The completed form for the appointment of campaign 11 treasurer and designation of campaign depository, as required 12 by s. 106.021. In addition, each candidate for judicial 13 office, including an incumbent judge, shall file a statement 14 with the qualifying officer, within 10 days after filing the 15 appointment of campaign treasurer and designation of campaign 16 depository, stating that the candidate has read and 17 understands the requirements of the Florida Code of Judicial 18 Conduct. Such statement shall be in substantially the 19 following form: 20 21 Statement of Candidate for Judicial Office 22 23 I, ...(name of candidate)..., a judicial candidate, have 24 received, read, and understand the requirements of the Florida 25 Code of Judicial Conduct. 26 ...(Signature of candidate)... 27 ...(Date)... 28 29 5. The full and public disclosure of financial 30 interests required by s. 8, Art. II of the State Constitution 31 or the statement of financial interests required by s. 115 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 112.3145, whichever is applicable. A public officer who has 2 filed the full and public disclosure or statement of financial 3 interests with the Commission on Ethics or the supervisor of 4 elections prior to qualifying for office may file a copy of 5 that disclosure at the time of qualifying. 6 (b) If the filing officer receives qualifying papers 7 that do not include all items as required by paragraph (a) 8 prior to the last day of qualifying, the filing officer shall 9 make a reasonable effort to notify the candidate of the 10 missing or incomplete items and shall inform the candidate 11 that all required items must be received by the close of 12 qualifying. A candidate's name as it is to appear on the 13 ballot may not be changed after the end of qualifying. 14 (6) Notwithstanding the qualifying period prescribed 15 in this section, a filing officer may accept and hold 16 qualifying papers submitted not earlier than 14 days prior to 17 the beginning of the qualifying period, to be processed and 18 filed during the qualifying period. 19 Section 67. Section 105.035, Florida Statutes, is 20 amended to read: 21 105.035 Petition process Alternative method of 22 qualifying for certain judicial offices and the office of 23 school board member.-- 24 (1) A person seeking to qualify for election to the 25 office of circuit judge or county court judge or the office of 26 school board member may qualify for election to such office by 27 means of the petitioning process prescribed in this section. 28 A person qualifying by this petition process is alternative 29 method shall not be required to pay the qualifying fee 30 required by this chapter. A person using this petitioning 31 process shall file an oath with the officer before whom the 116 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 candidate would qualify for the office stating that he or she 2 intends to qualify by this alternative method for the office 3 sought. Such oath shall be filed at any time after the first 4 Tuesday after the first Monday in January of the year in which 5 the election is held, but prior to the 21st day preceding the 6 first day of the qualifying period for the office sought. The 7 form of such oath shall be prescribed by the Division of 8 Elections. No signatures shall be obtained until the person 9 has filed the oath prescribed in this subsection. 10 (2) The Upon receipt of a written oath from a 11 candidate, the qualifying officer shall provide the candidate 12 with a petition format shall be prescribed by the Division of 13 Elections and shall to be used by the candidate to reproduce 14 petitions for circulation. If the candidate is running for an 15 office that which will be grouped on the ballot with two or 16 more similar offices to be filled at the same election, the 17 candidate's petition must indicate, prior to the obtaining of 18 registered electors' signatures, for which group or district 19 office the candidate is running. 20 (3) Each candidate for election to a judicial office 21 or the office of school board member shall obtain the 22 signature of a number of qualified electors equal to at least 23 1 percent of the total number of registered electors of the 24 district, circuit, county, or other geographic entity 25 represented by the office sought as shown by the compilation 26 by the Department of State for the last preceding general 27 election. A separate petition shall be circulated for each 28 candidate availing himself or herself of the provisions of 29 this section. Signatures may not be obtained until the 30 candidate has filed the appointment of campaign treasurer and 31 designation of campaign depository pursuant to s. 106.021. 117 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (4)(a) Each candidate seeking to qualify for election 2 to the office of circuit judge or the office of school board 3 member from a multicounty school district pursuant to this 4 section shall file a separate petition from each county from 5 which signatures are sought. Each petition shall be 6 submitted, prior to noon of the 28th 21st day preceding the 7 first day of the qualifying period for the office sought, to 8 the supervisor of elections of the county for which such 9 petition was circulated. Each supervisor of elections to whom 10 a petition is submitted shall check the signatures on the 11 petition to verify their status as electors of that county and 12 of the geographic area represented by the office sought. No 13 later than the seventh day before Prior to the first date for 14 qualifying, the supervisor shall certify the number shown as 15 registered electors and submit such certification to the 16 Division of Elections. The division shall determine whether 17 the required number of signatures has been obtained for the 18 name of the candidate to be placed on the ballot and shall 19 notify the candidate. If the required number of signatures 20 has been obtained, the candidate shall, during the time 21 prescribed for qualifying for office, submit a copy of such 22 notice and file his or her qualifying papers and oath 23 prescribed in s. 105.031 with the Division of Elections. Upon 24 receipt of the copy of such notice and qualifying papers, the 25 division shall certify the name of the candidate to the 26 appropriate supervisor or supervisors of elections as having 27 qualified for the office sought. 28 (b) Each candidate seeking to qualify for election to 29 the office of county court judge or the office of school board 30 member from a single county school district pursuant to this 31 section shall submit his or her petition, prior to noon of the 118 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 28th 21st day preceding the first day of the qualifying period 2 for the office sought, to the supervisor of elections of the 3 county for which such petition was circulated. The supervisor 4 shall check the signatures on the petition to verify their 5 status as electors of the county and of the geographic area 6 represented by the office sought. No later than the seventh 7 day before Prior to the first date for qualifying, the 8 supervisor shall determine whether the required number of 9 signatures has been obtained for the name of the candidate to 10 be placed on the ballot and shall notify the candidate. If 11 the required number of signatures has been obtained, the 12 candidate shall, during the time prescribed for qualifying for 13 office, submit a copy of such notice and file his or her 14 qualifying papers and oath prescribed in s. 105.031 with the 15 qualifying officer. Upon receipt of the copy of such notice 16 and qualifying papers, such candidate shall be entitled to 17 have his or her name printed on the ballot. 18 Section 68. Section 106.022, Florida Statutes, is 19 created to read: 20 106.022 Appointment of a registered agent; duties.-- 21 (1) Each political committee, committee of continuous 22 existence, or electioneering communications entity shall have 23 and continuously maintain in this state a registered office 24 and a registered agent and must file with the division a 25 statement of appointment for the registered office and 26 registered agent. The statement of appointment must: 27 (a) Provide the name of the registered agent and the 28 street address and phone number for the registered office; 29 (b) Identify the entity for whom the registered agent 30 serves; 31 (c) Designate the address the registered agent wishes 119 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 to use to receive mail; 2 (d) Include the entity's undertaking to inform the 3 division of any change in such designated address; 4 (e) Provide for the registered agent's acceptance of 5 the appointment, which must confirm that the registered agent 6 is familiar with and accepts the obligations of the position 7 as set forth in this section; and 8 (f) Contain the signature of the registered agent and 9 the entity engaging the registered agent. 10 (2) An entity may change its appointment of registered 11 agent and registered office under this section by executing a 12 written statement of change that identifies the former 13 registered agent and registered address and also satisfies all 14 of the requirements of subsection (1). 15 (3) A registered agent may resign his or her 16 appointment as registered agent by executing a written 17 statement of resignation and filing it with the division. An 18 entity without a registered agent may not make expenditures or 19 accept contributions until it files a written statement of 20 change as required in subsection (2). 21 Section 69. Subsection (6) of section 106.24, Florida 22 Statutes, is amended to read: 23 106.24 Florida Elections Commission; membership; 24 powers; duties.-- 25 (6) There is hereby established in the State Treasury 26 an Elections Commission Trust Fund to be utilized by the 27 Division of Elections and the Florida Elections Commission in 28 order to carry out their duties pursuant to ss. 106.24-106.28. 29 The trust fund may also be used by the Secretary of State 30 division, pursuant to his or her its authority under s. 31 97.012(14) s. 106.22(11), to provide rewards for information 120 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 leading to criminal convictions related to voter registration 2 fraud, voter fraud, and vote scams. 3 Section 70. Subsection (6) of section 106.141, Florida 4 Statutes, is amended to read: 5 106.141 Disposition of surplus funds by candidates.-- 6 (6) Prior to disposing of funds pursuant to subsection 7 (4) or transferring funds into an office account pursuant to 8 subsection (5), any candidate who filed an oath stating that 9 he or she was unable to pay the election assessment or fee for 10 verification of petition signatures without imposing an undue 11 burden on his or her personal resources or on resources 12 otherwise available to him or her, or who filed both such 13 oaths, or who qualified by the petition process alternative 14 method and was not required to pay an election assessment, 15 shall reimburse the state or local governmental entity, 16 whichever is applicable, for such waived assessment or fee or 17 both. Such reimbursement shall be made first for the cost of 18 petition verification and then, if funds are remaining, for 19 the amount of the election assessment. If there are 20 insufficient funds in the account to pay the full amount of 21 either the assessment or the fee or both, the remaining funds 22 shall be disbursed in the above manner until no funds remain. 23 All funds disbursed pursuant to this subsection shall be 24 remitted to the qualifying officer. Any reimbursement for 25 petition verification costs which are reimbursable by the 26 state shall be forwarded by the qualifying officer to the 27 state for deposit in the General Revenue Fund. All 28 reimbursements for the amount of the election assessment shall 29 be forwarded by the qualifying officer to the Department of 30 State for deposit in the General Revenue Fund. 31 Section 71. Section 98.122, Florida Statutes, is 121 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 transferred and renumbered as section 106.165, Florida 2 Statutes. 3 Section 72. Section 106.22, Florida Statutes, is 4 amended to read: 5 106.22 Duties of the Division of Elections.--It is the 6 duty of the Division of Elections to: 7 (1) Prescribe forms for statements and other 8 information required to be filed by this chapter. Such forms 9 shall be furnished by the Department of State or office of the 10 supervisor of elections to persons required to file such 11 statements and information with such agency. 12 (2) Prepare and publish manuals or brochures setting 13 forth recommended uniform methods of bookkeeping and 14 reporting, and including appropriate portions of the election 15 code, for use by persons required by this chapter to file 16 statements. 17 (3) Develop a filing, coding, and cross-indexing 18 system consonant with the purposes of this chapter. 19 (4) Preserve statements and other information required 20 to be filed with the division pursuant to this chapter for a 21 period of 10 years from date of receipt. 22 (5) Prepare and publish such reports as it may deem 23 appropriate. 24 (6) Make, from time to time, audits and field 25 investigations with respect to reports and statements filed 26 under the provisions of this chapter and with respect to 27 alleged failures to file any report or statement required 28 under the provisions of this chapter. The division shall 29 conduct a postelection audit of the campaign accounts of all 30 candidates receiving contributions from the Election Campaign 31 Financing Trust Fund. 122 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (7) Report to the Florida Elections Commission any 2 failure to file a report or information required by this 3 chapter or any apparent violation of this chapter. 4 (8) Employ such personnel or contract for such 5 services as are necessary to adequately carry out the intent 6 of this chapter. 7 (9) Prescribe rules and regulations to carry out the 8 provisions of this chapter. Such rules shall be prescribed 9 pursuant to chapter 120. 10 (10) Make an annual report to the President of the 11 Senate and the Speaker of the House of Representatives 12 concerning activities of the division and recommending 13 improvements in the election code. 14 (11) Conduct preliminary investigations into any 15 irregularities or fraud involving voter registration or voting 16 and report its findings to the state attorney for the judicial 17 circuit in which the alleged violation occurred for 18 prosecution, where warranted. The Department of State may 19 prescribe by rule requirements for filing a complaint of voter 20 fraud and for investigating any such complaint. 21 (10)(12) Conduct random audits with respect to reports 22 and statements filed under this chapter and with respect to 23 alleged failure to file any reports and statements required 24 under this chapter. 25 Section 73. Subsection (1) of section 16.56, Florida 26 Statutes, is amended to read: 27 16.56 Office of Statewide Prosecution.-- 28 (1) There is created in the Department of Legal 29 Affairs an Office of Statewide Prosecution. The office shall 30 be a separate "budget entity" as that term is defined in 31 chapter 216. The office may: 123 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 (a) Investigate and prosecute the offenses of: 2 1. Bribery, burglary, criminal usury, extortion, 3 gambling, kidnapping, larceny, murder, prostitution, perjury, 4 robbery, carjacking, and home-invasion robbery; 5 2. Any crime involving narcotic or other dangerous 6 drugs; 7 3. Any violation of the provisions of the Florida RICO 8 (Racketeer Influenced and Corrupt Organization) Act, including 9 any offense listed in the definition of racketeering activity 10 in s. 895.02(1)(a), providing such listed offense is 11 investigated in connection with a violation of s. 895.03 and 12 is charged in a separate count of an information or indictment 13 containing a count charging a violation of s. 895.03, the 14 prosecution of which listed offense may continue independently 15 if the prosecution of the violation of s. 895.03 is terminated 16 for any reason; 17 4. Any violation of the provisions of the Florida 18 Anti-Fencing Act; 19 5. Any violation of the provisions of the Florida 20 Antitrust Act of 1980, as amended; 21 6. Any crime involving, or resulting in, fraud or 22 deceit upon any person; 23 7. Any violation of s. 847.0135, relating to computer 24 pornography and child exploitation prevention, or any offense 25 related to a violation of s. 847.0135; 26 8. Any violation of the provisions of chapter 815; 27 9. Any criminal violation of part I of chapter 499; 28 10. Any violation of the provisions of the Florida 29 Motor Fuel Tax Relief Act of 2004; or 30 11. Any criminal violation of s. 409.920 or s. 31 409.9201; or 124 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 12. Any crime involving voter registration, voting, or 2 candidate or issue petition activities; 3 4 or any attempt, solicitation, or conspiracy to commit any of 5 the crimes specifically enumerated above. The office shall 6 have such power only when any such offense is occurring, or 7 has occurred, in two or more judicial circuits as part of a 8 related transaction, or when any such offense is connected 9 with an organized criminal conspiracy affecting two or more 10 judicial circuits. 11 (b) Upon request, cooperate with and assist state 12 attorneys and state and local law enforcement officials in 13 their efforts against organized crimes. 14 (c) Request and receive from any department, division, 15 board, bureau, commission, or other agency of the state, or of 16 any political subdivision thereof, cooperation and assistance 17 in the performance of its duties. 18 Section 74. Subsection (5) of section 119.07, Florida 19 Statutes, is amended to read: 20 119.07 Inspection and copying of records; 21 photographing public records; fees; exemptions.-- 22 (5) When ballots are produced under this section for 23 inspection or examination, no persons other than the 24 supervisor of elections or the supervisor's employees shall 25 touch the ballots. If the ballots are being examined before 26 the end of the contest period in s. 102.168, the supervisor of 27 elections shall make a reasonable effort to notify all 28 candidates by telephone or otherwise of the time and place of 29 the inspection or examination. All such candidates, or their 30 representatives, shall be allowed to be present during the 31 inspection or examination. 125 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 Section 75. Subsection (3) of section 145.09, Florida 2 Statutes, is amended to read: 3 145.09 Supervisor of elections.-- 4 (3)(a) There shall be an additional $2,000 per year 5 special qualification salary for each supervisor of elections 6 who has met the certification requirements established by the 7 Division of Elections of the Department of State. The 8 Department of State shall adopt rules to establish the 9 certification requirements. Any supervisor who is certified 10 during a calendar year shall receive in that year a pro rata 11 share of the special qualification salary based on the 12 remaining period of the year. 13 (b) In order to qualify for the special qualification 14 salary described in paragraph (a), the supervisor must 15 complete the requirements established by the Division of 16 Elections within 6 years after first taking office. 17 (c) After a supervisor meets the requirements of 18 paragraph (a), in order to remain certified the supervisor 19 shall thereafter be required to complete each year a course of 20 continuing education as prescribed by the division. 21 Section 76. Sections 98.095, 98.0979, 98.181, 98.481, 22 101.253, 101.635, 102.061, 106.085, and 106.144, Florida 23 Statutes, are repealed. 24 Section 77. If any provision of this act or its 25 application to any person or circumstance is held invalid, the 26 invalidity does not affect other provisions or applications of 27 the act which can be given effect without the invalid 28 provision or application, and to this end the provisions of 29 this act are severable. 30 Section 78. Except as otherwise expressly provided in 31 this act and except for this section, which shall take effect 126 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 July 1, 2005, this act shall take effect January 1, 2006. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to elections; amending s. 11 97.012, F.S.; exempting certain voter-education 12 activities from requirements for competitive 13 solicitation; authorizing the Secretary of 14 State to investigate voter fraud; authorizing 15 the Department of State to adopt rules; 16 amending s. 97.021, F.S.; defining the term 17 "marksense ballots"; defining the terms "early 18 voting area," "early voting site," and 19 "third-party voter registration organization"; 20 creating s. 97.029, F.S.; providing for 21 attorney's fees and costs in any action for 22 injunctive relief or an action challenging an 23 election law or voter-registration law; 24 requiring an itemized affidavit; providing for 25 review of an award of attorney's fees and 26 costs; providing a limitation on the amount 27 awarded; amending s. 97.051, F.S.; revising the 28 oath required upon registering to vote; 29 amending s. 97.052, F.S.; revising the contents 30 of the uniform statewide voter registration 31 application; amending s. 97.053, F.S.; revising 127 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 provisions governing the acceptance of voter 2 registration applications by the supervisor of 3 elections; requiring that an applicant complete 4 a registration application before the date of 5 book closing in order to be eligible to vote in 6 that election; revising the information 7 required on the registration application; 8 amending s. 97.055, F.S.; limiting the updates 9 that may be made to registration information 10 following book closing; creating s. 97.0575, 11 F.S.; providing requirements for third-party 12 voter registration organizations that collect 13 voter-registration applications; providing 14 fines for failure to deliver applications as 15 required; authorizing the Division of Elections 16 to adopt rules to administer provisions 17 governing third-party voter registration 18 organizations; amending s. 97.071, F.S.; 19 specifying the information to be included on 20 the registration identification card; amending 21 s. 98.045, F.S.; deleting a cross-reference; 22 amending s. 98.077, F.S.; revising the 23 procedures for updating a voter signature used 24 to verify an absentee ballot or provisional 25 ballot; amending s. 99.061, F.S.; providing for 26 qualifying for nomination or election by the 27 petition process; requiring the filing of 28 statements of financial interest; requiring 29 that a qualifying officer accept certain 30 qualifying papers filed before the qualifying 31 period; amending s. 99.063, F.S.; providing 128 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 filing requirements for public officers; 2 amending s. 99.092, F.S., relating to 3 qualifying fees; clarifying provisions 4 governing qualifying for nomination or election 5 by the petition process to conform to changes 6 made by the act; amending s. 99.095, F.S.; 7 revising the requirements for qualifying as a 8 candidate by a petition process in lieu of 9 paying a qualifying fee and party assessment; 10 providing requirements for submitting petitions 11 and certifications; requiring that the division 12 or supervisor of elections, as applicable, 13 determine whether the required number of 14 signatures has been obtained; amending s. 15 99.0955, F.S.; providing procedures for a 16 candidate having no party affiliation to 17 qualify by the petition process; amending s. 18 99.096, F.S.; revising the procedures for a 19 minor political party to submit nominated 20 candidates to be on the general election 21 ballot; providing for candidates to qualify by 22 the petition process; amending s. 99.09651, 23 F.S., relating to signature requirements for 24 ballot position; conforming provisions to 25 changes made by the act; amending s. 100.011, 26 F.S.; requiring that an elector in line at the 27 time the polls close be allowed to vote; 28 amending s. 100.101, F.S.; revising the 29 circumstances under which a special election or 30 primary is held; amending s. 100.111, F.S.; 31 revising requirements for filling a vacancy in 129 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 a nomination; requiring that ballots cast for a 2 former nominee be counted for the person 3 designated to replace the nominee under certain 4 circumstances; amending s. 100.141, F.S., 5 relating to the notice of a special election; 6 conforming provisions to changes made by the 7 act; amending s. 101.031, F.S.; revising the 8 Voter's Bill of Rights to authorize a 9 provisional ballot if a person's identity is in 10 question; amending s. 101.043, F.S.; revising 11 the procedures for a voter to provide 12 identification when voting; amending s. 13 101.048, F.S.; providing for certain additional 14 voters to cast provisional ballots; providing 15 requirements for presenting evidence in support 16 of a person's right to vote; requiring that the 17 county canvassing board count such a ballot 18 unless it determines by a preponderance of the 19 evidence that the person was not entitled to 20 vote; requiring that a person casting a 21 provisional ballot be informed of certain 22 rights; amending s. 101.049, F.S.; providing 23 requirements for ballots for persons with 24 disabilities; amending s. 101.051, F.S.; 25 prohibiting certain solicitations to provide 26 assistance to an elector; providing a penalty; 27 authorizing an elector to request that a person 28 other than an election official provide him or 29 her with assistance in voting; providing for 30 the form of the oath to be signed; amending s. 31 101.111, F.S.; revising the requirements for 130 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 challenging an elector's right to vote; 2 providing a penalty for filing a frivolous 3 challenge; amending s. 101.131, F.S.; revising 4 requirements for poll watchers; authorizing 5 certain political committees to have poll 6 watchers; prohibiting a poll watcher from 7 interacting with a voter; providing for poll 8 watchers at early voting areas; amending s. 9 101.151, F.S.; providing requirements for 10 marksense ballots; amending s. 101.171, F.S.; 11 requiring that a copy of a proposed 12 constitutional amendment be available at voting 13 locations; amending s. 101.294, F.S.; 14 prohibiting a vendor of voting equipment from 15 providing systems, components, or system 16 upgrades to a local governing body or 17 supervisor of elections which have not been 18 certified by the Division of Elections; 19 requiring that the vendor provide sworn 20 certification of such equipment; amending s. 21 101.295, F.S.; providing a penalty for 22 providing voting equipment in violation of ch. 23 101, F.S.; amending s. 101.49, F.S.; revising 24 the procedures for verifying an elector's 25 signature; amending s. 101.51, F.S.; requiring 26 that an elector occupy a voting booth alone; 27 amending s. 101.5606, F.S., relating to 28 requirements for approval of voting systems, to 29 conform; amending s. 101.5608, F.S., relating 30 to voting by electronic or electromechanical 31 methods, to conform; amending s. 101.5612, 131 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 F.S.; providing requirements for testing voting 2 equipment; amending s. 101.5614, F.S.; 3 correcting a cross-reference; amending s. 4 101.572, F.S.; requiring that the supervisor of 5 elections notify the candidates if ballots are 6 examined before the end of the contest; 7 amending s. 101.58, F.S.; authorizing employees 8 of the department to have access to the 9 premises, records, equipment, and staff of the 10 supervisors of elections; amending s. 101.595, 11 F.S.; requiring that certain overvotes and 12 undervotes be reported to the department; 13 amending s. 101.6103, F.S.; authorizing the 14 canvassing board to begin canvassing before the 15 election; prohibiting the release of results 16 before election day; providing a penalty for 17 any early release of results; amending s. 18 101.62, F.S.; revising the requirements for 19 mailing absentee ballots to voters; amending s. 20 101.64, F.S.; providing for an oath to be 21 provided to persons voting absentee under the 22 Uniformed and Overseas Citizens Absentee Voting 23 Act; amending s. 101.657, F.S.; revising 24 requirements relating to early voting 25 locations; revising the deadline to end early 26 voting and the times for opening and closing 27 the early voting sites each day; providing for 28 uniformity of county early voting sites; 29 requiring any person in line at the closing of 30 an early voting site to be allowed to vote; 31 providing for early voting in municipal and 132 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 special district elections; requiring 2 supervisors to provide certain information in 3 electronic format to the Division of Elections; 4 amending s. 101.663, F.S.; providing for 5 certain persons to vote absentee after moving 6 to another state; amending s. 101.68, F.S.; 7 prohibiting changing a voter's certificate 8 after the absentee ballot is received by the 9 supervisor; amending s. 101.69, F.S.; 10 prohibiting a voter from voting another ballot 11 after casting an absentee ballot; providing for 12 a provisional ballot under certain 13 circumstances; amending s. 101.6923, F.S.; 14 providing for the form of the printed 15 instructions on an absentee ballot; amending s. 16 101.694, F.S.; providing requirements for 17 absentee envelopes printed for voters voting 18 under the Uniformed and Overseas Citizens 19 Absentee Voting Act; amending s. 101.697, F.S.; 20 requiring the Department of State to determine 21 whether secure electronic ballots may be 22 provided for overseas voters; requiring that 23 the department adopt rules for accepting 24 overseas ballots; amending s. 102.012, F.S.; 25 requiring the supervisor of elections to 26 appoint an election board before any election; 27 providing duties of the board; amending s. 28 102.014, F.S.; requiring that the Division of 29 Elections develop a uniform training curriculum 30 for poll workers; amending s. 102.031, F.S.; 31 providing requirements for maintaining order at 133 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 early voting areas; requiring the designation 2 of a no-solicitation zone; prohibiting 3 photography in a polling room or early voting 4 area; amending s. 102.071, F.S.; revising 5 requirements for tabulating votes; amending s. 6 102.111, F.S.; providing for corrections to be 7 made to the official election returns; amending 8 s. 102.112, F.S.; requiring that a return 9 contain a certification by the canvassing 10 board; authorizing the Department of State to 11 correct typographical errors; amending s. 12 102.141, F.S.; revising requirements for the 13 canvassing boards in submitting returns to the 14 department; providing requirements for the 15 report filed by the canvassing board; requiring 16 the department to adopt rules for filing 17 results and statistical information; amending 18 s. 102.166, F.S.; revising the circumstances 19 under which a manual recount may be ordered; 20 amending s. 102.168, F.S.; requiring that 21 complaints be filed with the board responsible 22 for certifying the election results; specifying 23 the parties to an action who may contest an 24 election or nomination; amending s. 103.021, 25 F.S.; providing for nomination of presidential 26 electors by the state executive committee of 27 each political party; defining the term 28 "national party" for purposes of nominating a 29 candidate for President and Vice President of 30 the United States; amending ss. 103.051 and 31 103.061, F.S.; specifying duties of the 134 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 presidential electors; amending s. 103.121, 2 F.S.; revising powers and duties of executive 3 committees to conform to changes made by the 4 act; amending s. 105.031, F.S.; providing for 5 public officers to file a statement of 6 financial interests at the time of qualifying; 7 requiring that a filing officer accept certain 8 qualifying papers filed before the qualifying 9 period; amending s. 105.035, F.S.; revising 10 procedures for qualifying for certain judicial 11 offices and the office of school board member; 12 prohibiting a candidate from obtaining 13 signatures until appointing a campaign 14 treasurer and designating a campaign 15 depository; revising the requirements for the 16 supervisor of elections with respect to 17 certifying signatures; creating s. 106.022, 18 F.S.; requiring that a political committee, 19 committee of continuous existence, or 20 electioneering communications entity maintain a 21 registered office and registered agent; 22 providing requirements for the statement of 23 appointment; amending s. 106.24, F.S.; 24 clarifying the duties of the Secretary of 25 State; amending s. 106.141, F.S., relating to 26 the disposition of surplus funds; conforming 27 provisions to changes made by the act; 28 transferring and renumbering s. 98.122, F.S., 29 relating to the use of closed captioning and 30 descriptive narrative in television broadcasts; 31 amending s. 106.22, F.S.; eliminating certain 135 9:41 AM 04/25/05 s2086c1c-ju24-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 2086 Barcode 912202 1 duties of the Division of Elections with 2 respect to reports to the Legislature and 3 preliminary investigations; amending s. 16.56, 4 F.S.; authorizing the Office of Statewide 5 Prosecution to investigate and prosecute crimes 6 involving voter registration, voting, or 7 certain petition activities; amending s. 8 119.07, F.S.; clarifying requirements of the 9 supervisor of elections with respect to 10 notifying candidates of the inspection of 11 ballots; amending s. 145.09, F.S.; requiring 12 that the Department of State adopt rules 13 establishing certification requirements for 14 supervisors of elections; repealing ss. 98.095, 15 98.0979, 98.181, 98.481, 101.253, 101.635, 16 102.061, 106.085, and 106.144, F.S., relating 17 to inspections of county registers and the 18 voter database, indexes and records, challenges 19 to elections, the printing and distribution of 20 ballots, duties of the election board, 21 expenditures, and endorsements or opposition by 22 certain groups; providing for severability; 23 providing effective dates. 24 25 26 27 28 29 30 31 136 9:41 AM 04/25/05 s2086c1c-ju24-j01