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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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.
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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
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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,
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.--
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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
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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.
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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
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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
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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:
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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
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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.--
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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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 ....;
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.--
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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
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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
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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.
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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
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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
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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.--
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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.
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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
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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