Senate Bill sb2086c2

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    Florida Senate - 2005                    CS for CS for SB 2086

    By the Committees on Judiciary; Ethics and Elections; and
    Senator Posey




    590-2378-05

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; exempting certain voter-education

  4         activities from requirements for competitive

  5         solicitation; authorizing the Secretary of

  6         State to investigate voter fraud; authorizing

  7         the Department of State to adopt rules;

  8         amending s. 97.021, F.S.; defining the term

  9         "marksense ballots"; defining the terms "early

10         voting area," "early voting site," and

11         "third-party voter registration organization";

12         creating s. 97.029, F.S.; providing for

13         attorney's fees and costs in any action for

14         injunctive relief or an action challenging an

15         election law or voter-registration law;

16         requiring an itemized affidavit; providing for

17         review of an award of attorney's fees and

18         costs; providing a limitation on the amount

19         awarded; amending s. 97.051, F.S.; revising the

20         oath required upon registering to vote;

21         amending s. 97.052, F.S.; revising the contents

22         of the uniform statewide voter registration

23         application; amending s. 97.053, F.S.; revising

24         provisions governing the acceptance of voter

25         registration applications by the supervisor of

26         elections; requiring that an applicant complete

27         a registration application before the date of

28         book closing in order to be eligible to vote in

29         that election; revising the information

30         required on the registration application;

31         amending s. 97.055, F.S.; limiting the updates

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 1         that may be made to registration information

 2         following book closing; creating s. 97.0575,

 3         F.S.; providing requirements for third-party

 4         voter registration organizations that collect

 5         voter-registration applications; providing

 6         fines for failure to deliver applications as

 7         required; authorizing the Division of Elections

 8         to adopt rules to administer provisions

 9         governing third-party voter registration

10         organizations; amending s. 97.071, F.S.;

11         specifying the information to be included on

12         the registration identification card; amending

13         s. 98.045, F.S.; deleting a cross-reference;

14         amending s. 98.077, F.S.; revising the

15         procedures for updating a voter signature used

16         to verify an absentee ballot or provisional

17         ballot; amending s. 99.061, F.S.; providing for

18         qualifying for nomination or election by the

19         petition process; requiring the filing of

20         statements of financial interest; requiring

21         that a qualifying officer accept certain

22         qualifying papers filed before the qualifying

23         period; amending s. 99.063, F.S.; providing

24         filing requirements for public officers;

25         amending s. 99.092, F.S., relating to

26         qualifying fees; clarifying provisions

27         governing qualifying for nomination or election

28         by the petition process to conform to changes

29         made by the act; amending s. 99.095, F.S.;

30         revising the requirements for qualifying as a

31         candidate by a petition process in lieu of

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 1         paying a qualifying fee and party assessment;

 2         providing requirements for submitting petitions

 3         and certifications; requiring that the division

 4         or supervisor of elections, as applicable,

 5         determine whether the required number of

 6         signatures has been obtained; amending s.

 7         99.0955, F.S.; providing procedures for a

 8         candidate having no party affiliation to

 9         qualify by the petition process; amending s.

10         99.096, F.S.; revising the procedures for a

11         minor political party to submit nominated

12         candidates to be on the general election

13         ballot; providing for candidates to qualify by

14         the petition process; amending s. 99.09651,

15         F.S., relating to signature requirements for

16         ballot position; conforming provisions to

17         changes made by the act; amending s. 100.011,

18         F.S.; requiring that an elector in line at the

19         time the polls close be allowed to vote;

20         amending s. 100.101, F.S.; revising the

21         circumstances under which a special election or

22         primary is held; amending s. 100.111, F.S.;

23         revising requirements for filling a vacancy in

24         a nomination; requiring that ballots cast for a

25         former nominee be counted for the person

26         designated to replace the nominee under certain

27         circumstances; amending s. 100.141, F.S.,

28         relating to the notice of a special election;

29         conforming provisions to changes made by the

30         act; amending s. 101.031, F.S.; revising the

31         Voter's Bill of Rights to authorize a

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 1         provisional ballot if a person's identity is in

 2         question; amending s. 101.043, F.S.; revising

 3         the procedures for a voter to provide

 4         identification when voting; amending s.

 5         101.048, F.S.; providing for certain additional

 6         voters to cast provisional ballots; providing

 7         requirements for presenting evidence in support

 8         of a person's right to vote; requiring that the

 9         county canvassing board count such a ballot

10         unless it determines by a preponderance of the

11         evidence that the person was not entitled to

12         vote; requiring that a person casting a

13         provisional ballot be informed of certain

14         rights; amending s. 101.049, F.S.; providing

15         requirements for ballots for persons with

16         disabilities; amending s. 101.051, F.S.;

17         prohibiting certain solicitations to provide

18         assistance to an elector; providing a penalty;

19         authorizing an elector to request that a person

20         other than an election official provide him or

21         her with assistance in voting; providing for

22         the form of the oath to be signed; amending s.

23         101.111, F.S.; revising the requirements for

24         challenging an elector's right to vote;

25         providing a penalty for filing a frivolous

26         challenge; amending s. 101.131, F.S.; revising

27         requirements for poll watchers; authorizing

28         certain political committees to have poll

29         watchers; prohibiting a poll watcher from

30         interacting with a voter; providing for poll

31         watchers at early voting areas; amending s.

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 1         101.151, F.S.; providing requirements for

 2         marksense ballots; amending s. 101.171, F.S.;

 3         requiring that a copy of a proposed

 4         constitutional amendment be available at voting

 5         locations; amending s. 101.294, F.S.;

 6         prohibiting a vendor of voting equipment from

 7         providing systems, components, or system

 8         upgrades to a local governing body or

 9         supervisor of elections which have not been

10         certified by the Division of Elections;

11         requiring that the vendor provide sworn

12         certification of such equipment; amending s.

13         101.295, F.S.; providing a penalty for

14         providing voting equipment in violation of ch.

15         101, F.S.; amending s. 101.49, F.S.; revising

16         the procedures for verifying an elector's

17         signature; amending s. 101.51, F.S.; requiring

18         that an elector occupy a voting booth alone;

19         amending s. 101.5606, F.S., relating to

20         requirements for approval of voting systems, to

21         conform; amending s. 101.5608, F.S., relating

22         to voting by electronic or electromechanical

23         methods, to conform; amending s. 101.5612,

24         F.S.; providing requirements for testing voting

25         equipment; amending s. 101.5614, F.S.;

26         correcting a cross-reference; amending s.

27         101.572, F.S.; requiring that the supervisor of

28         elections notify the candidates if ballots are

29         examined before the end of the contest;

30         amending s. 101.58, F.S.; authorizing employees

31         of the department to have access to the

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 1         premises, records, equipment, and staff of the

 2         supervisors of elections; amending s. 101.595,

 3         F.S.; requiring that certain overvotes and

 4         undervotes be reported to the department;

 5         amending s. 101.6103, F.S.; authorizing the

 6         canvassing board to begin canvassing before the

 7         election; prohibiting the release of results

 8         before election day; providing a penalty for

 9         any early release of results; requiring that a

10         mail ballot that otherwise satisfies the

11         requirements of law for mail ballots be counted

12         even if the elector dies after mailing the

13         ballot but before election day if certain

14         conditions are met; amending s. 101.62, F.S.;

15         revising the requirements for mailing absentee

16         ballots to voters; amending s. 101.64, F.S.;

17         providing for an oath to be provided to persons

18         voting absentee under the Uniformed and

19         Overseas Citizens Absentee Voting Act; amending

20         s. 101.657, F.S.; revising requirements

21         relating to early voting locations; revising

22         the deadline to end early voting and the times

23         for opening and closing the early voting sites

24         each day; providing for uniformity of county

25         early voting sites; requiring any person in

26         line at the closing of an early voting site to

27         be allowed to vote; providing for early voting

28         in municipal and special district elections;

29         requiring supervisors to provide certain

30         information in electronic format to the

31         Division of Elections; requiring that an early

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 1         voting ballot that otherwise satisfies the

 2         requirements of law for early voting ballots be

 3         counted even if the elector dies on or before

 4         election day; amending s. 101.663, F.S.;

 5         providing for certain persons to vote absentee

 6         after moving to another state; amending s.

 7         101.68, F.S.; prohibiting changing a voter's

 8         certificate after the absentee ballot is

 9         received by the supervisor; providing that

10         electors who die on or before election day and

11         have cast an absentee ballot shall remain on

12         the voter registration books until the election

13         is certified; providing that the ballot of an

14         elector who casts an absentee ballot shall be

15         counted even if the elector dies on or before

16         election day if certain conditions are met;

17         amending s. 101.69, F.S.; prohibiting a voter

18         from voting another ballot after casting an

19         absentee ballot; providing for a provisional

20         ballot under certain circumstances; amending s.

21         101.6923, F.S.; providing for the form of the

22         printed instructions on an absentee ballot;

23         amending s. 101.694, F.S.; providing

24         requirements for absentee envelopes printed for

25         voters voting under the Uniformed and Overseas

26         Citizens Absentee Voting Act; amending s.

27         101.697, F.S.; requiring the Department of

28         State to determine whether secure electronic

29         ballots may be provided for overseas voters;

30         requiring that the department adopt rules for

31         accepting overseas ballots; amending s.

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 1         102.012, F.S.; requiring the supervisor of

 2         elections to appoint an election board before

 3         any election; providing duties of the board;

 4         amending s. 102.014, F.S.; requiring that the

 5         Division of Elections develop a uniform

 6         training curriculum for poll workers; amending

 7         s. 102.031, F.S.; providing requirements for

 8         maintaining order at early voting areas;

 9         requiring the designation of a no-solicitation

10         zone; prohibiting photography in a polling room

11         or early voting area; amending s. 102.071,

12         F.S.; revising requirements for tabulating

13         votes; amending s. 102.111, F.S.; providing for

14         corrections to be made to the official election

15         returns; amending s. 102.112, F.S.; requiring

16         that a return contain a certification by the

17         canvassing board; authorizing the Department of

18         State to correct typographical errors; amending

19         s. 102.141, F.S.; revising requirements for the

20         canvassing boards in submitting returns to the

21         department; providing requirements for the

22         report filed by the canvassing board; requiring

23         the department to adopt rules for filing

24         results and statistical information; amending

25         s. 102.166, F.S.; revising the circumstances

26         under which a manual recount may be ordered;

27         amending s. 102.168, F.S.; requiring that

28         complaints be filed with the board responsible

29         for certifying the election results; specifying

30         the parties to an action who may contest an

31         election or nomination; amending s. 103.021,

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 1         F.S.; providing for nomination of presidential

 2         electors by the state executive committee of

 3         each political party; defining the term

 4         "national party" for purposes of nominating a

 5         candidate for President and Vice President of

 6         the United States; amending ss. 103.051 and

 7         103.061, F.S.; specifying duties of the

 8         presidential electors; amending s. 103.121,

 9         F.S.; revising powers and duties of executive

10         committees to conform to changes made by the

11         act; amending s. 105.031, F.S.; providing for

12         public officers to file a statement of

13         financial interests at the time of qualifying;

14         requiring that a filing officer accept certain

15         qualifying papers filed before the qualifying

16         period; amending s. 105.035, F.S.; revising

17         procedures for qualifying for certain judicial

18         offices and the office of school board member;

19         prohibiting a candidate from obtaining

20         signatures until appointing a campaign

21         treasurer and designating a campaign

22         depository; revising the requirements for the

23         supervisor of elections with respect to

24         certifying signatures; creating s. 106.022,

25         F.S.; requiring that a political committee,

26         committee of continuous existence, or

27         electioneering communications entity maintain a

28         registered office and registered agent;

29         providing requirements for the statement of

30         appointment; amending s. 106.24, F.S.;

31         clarifying the duties of the Secretary of

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 1         State; amending s. 106.141, F.S., relating to

 2         the disposition of surplus funds; conforming

 3         provisions to changes made by the act;

 4         transferring and renumbering s. 98.122, F.S.,

 5         relating to the use of closed captioning and

 6         descriptive narrative in television broadcasts;

 7         amending s. 106.22, F.S.; eliminating certain

 8         duties of the Division of Elections with

 9         respect to reports to the Legislature and

10         preliminary investigations; amending s. 16.56,

11         F.S.; authorizing the Office of Statewide

12         Prosecution to investigate and prosecute crimes

13         involving voter registration, voting, or

14         certain petition activities; amending s.

15         119.07, F.S.; clarifying requirements of the

16         supervisor of elections with respect to

17         notifying candidates of the inspection of

18         ballots; amending s. 145.09, F.S.; requiring

19         that the Department of State adopt rules

20         establishing certification requirements for

21         supervisors of elections; creating s. 104.0615,

22         F.S.; providing a short title; prohibiting a

23         person from using or threatening to use force,

24         violence, or intimidation to induce or compel

25         an individual to vote or refrain from voting,

26         to refrain from registering to vote, or to

27         refrain from acting as an election official or

28         poll watcher; prohibiting a person from

29         knowingly using false information to challenge

30         an individual's right to vote, to induce an

31         individual to refrain from registering to vote,

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 1         or to induce or attempt to induce an individual

 2         to refrain from acting as an election official

 3         or poll watcher; prohibiting a person from

 4         knowingly destroying, mutilating, or defacing a

 5         voter registration form or election ballot or

 6         obstructing or delaying the delivery of a voter

 7         registration form or election ballot; providing

 8         criminal penalties; repealing ss. 98.095,

 9         98.0979, 98.181, 98.481, 101.253, 101.635,

10         102.061, 106.085, and 106.144, F.S., relating

11         to inspections of county registers and the

12         voter database, indexes and records, challenges

13         to elections, the printing and distribution of

14         ballots, duties of the election board,

15         expenditures, and endorsements or opposition by

16         certain groups; providing for severability;

17         providing effective dates.

18  

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

20  

21         Section 1.  Section 97.012, Florida Statutes, is

22  amended to read:

23         97.012  Secretary of State as chief election

24  officer.--The Secretary of State is the chief election officer

25  of the state, and it is his or her responsibility to:

26         (1)  Obtain and maintain uniformity in the application,

27  operation, and interpretation of the election laws.

28         (2)  Provide uniform standards for the proper and

29  equitable implementation of the registration laws.

30  

31  

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 1         (3)  Actively seek out and collect the data and

 2  statistics necessary to knowledgeably scrutinize the

 3  effectiveness of election laws.

 4         (4)  Provide technical assistance to the supervisors of

 5  elections on voter education and election personnel training

 6  services.

 7         (5)  Provide technical assistance to the supervisors of

 8  elections on voting systems.

 9         (6)  Provide voter education assistance to the public.

10  Voter education activities of the department or of the

11  department in combination with the supervisors of elections,

12  either individually or in the aggregate, or with their

13  respective professional associations, are not subject to the

14  competitive-solicitation requirements of s. 287.057(5).

15         (7)  Coordinate the state's responsibilities under the

16  National Voter Registration Act of 1993.

17         (8)  Provide training to all affected state agencies on

18  the necessary procedures for proper implementation of this

19  chapter.

20         (9)  Ensure that all registration applications and

21  forms prescribed or approved by the department are in

22  compliance with the Voting Rights Act of 1965 and the National

23  Voter Registration Act of 1993.

24         (10)  Coordinate with the United States Department of

25  Defense so that armed forces recruitment offices administer

26  voter registration in a manner consistent with the procedures

27  set forth in this code for voter registration agencies.

28         (11)  Create and administer maintain a statewide voter

29  registration system as required by the Help America Vote Act

30  of 2002 database.

31  

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 1         (12)  Maintain a voter fraud hotline and provide

 2  election fraud education to the public.

 3         (13)  Designate an office within the department to be

 4  responsible for providing information regarding voter

 5  registration procedures and absentee ballot procedures to

 6  absent uniformed services voters and overseas voters.

 7         (14)  Conduct preliminary investigations into any

 8  irregularities or fraud involving voter registration, voting,

 9  or candidate or issue petition activities and report his or

10  her findings to the statewide prosecutor or the state attorney

11  for the judicial circuit in which the alleged violation

12  occurred for prosecution, if warranted. The Department of

13  State may prescribe by rule requirements for filing an

14  elections-fraud complaint and for investigating any such

15  complaint.

16         Section 2.  Subsection (3) and present subsections (24)

17  and (39) of section 97.021, Florida Statutes, are amended,

18  present subsections (8) through (33) of that section are

19  redesignated as subsections (10) through (35), respectively,

20  present subsections (34) through (39) of that section are

21  redesignated as subsections (37) through (42), respectively,

22  and new subsections (8), (9), and (36) are added to that

23  section, to read:

24         97.021  Definitions.--For the purposes of this code,

25  except where the context clearly indicates otherwise, the

26  term:

27         (3)  "Ballot" or "official ballot" when used in

28  reference to:

29         (a)  "Marksense Paper ballots" means that printed sheet

30  of paper, used in conjunction with an electronic or

31  electromechanical vote tabulation voting system, containing

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 1  the names of candidates, or a statement of proposed

 2  constitutional amendments or other questions or propositions

 3  submitted to the electorate at any election, on which sheet of

 4  paper an elector casts his or her vote.

 5         (b)  "Electronic or electromechanical devices" means a

 6  ballot that is voted by the process of electronically

 7  designating, including by touchscreen, or marking with a

 8  marking device for tabulation by automatic tabulating

 9  equipment or data processing equipment.

10         (8)  "Early voting area" means the area designated by

11  the supervisor of elections at an early voting site at which

12  early voting activities occur, including, but not limited to,

13  lines of voters waiting to be processed, the area where voters

14  check in and are processed, and the area where voters cast

15  their ballots.

16         (9)  "Early voting site" means those locations

17  specified in s. 101.657 and the building in which early voting

18  occurs.

19         (26)(24)  "Polling room" means the actual room in which

20  ballots are cast on election day and during early voting.

21         (36)  "Third-party registration organization" means any

22  person, entity, or organization soliciting or collecting voter

23  registration applications. A third-party voter registration

24  organization does not include:

25         (a)  A political party;

26         (b)  A person who seeks only to register to vote or

27  collect voter registration applications from that person's

28  spouse, child, or parent; or

29         (c)  A person engaged in registering to vote or

30  collecting voter registration applications as an employee or

31  agent of the division, supervisor of elections, Department of

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 1  Highway Safety and Motor Vehicles, or a voter registration

 2  agency.

 3         (42)(39)  "Voting system" means a method of casting and

 4  processing votes that functions wholly or partly by use of

 5  electromechanical or electronic apparatus or by use of

 6  marksense paper ballots and includes, but is not limited to,

 7  the procedures for casting and processing votes and the

 8  programs, operating manuals, supplies tabulating cards,

 9  printouts, and other software necessary for the system's

10  operation.

11         Section 3.  Section 97.029, Florida Statutes, is

12  created to read:

13         97.029  Attorney's fees and costs.--

14         (1)  An award of attorney's fees and costs shall be

15  made to the prevailing party in any court or administrative

16  proceeding, including any action for injunctive relief,

17  challenging the application, interpretation, or

18  constitutionality of any election law or voter-registration

19  law.

20         (2)(a)  The term "attorney's fees and costs" means the

21  reasonable and necessary attorney's fees and costs incurred

22  for all preparations, motions, hearings, trials, and appeals

23  in a proceeding.

24         (b)  The term "prevailing party" means the party that

25  received a final judgment or order in its favor and such

26  judgment or order has not been reversed on appeal or the time

27  for seeking judicial review of the judgment or order has

28  expired. If an action was voluntarily dismissed or dismissed

29  pursuant to a settlement of the case, there is no prevailing

30  party.

31  

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 1         (3)  Within 60 days after a party becomes a prevailing

 2  party, the attorney for the prevailing party must submit an

 3  itemized affidavit to the court that first conducted the

 4  adversarial proceeding in the underlying action or, in the

 5  case of a proceeding pursuant to chapter 120, to the Division

 6  of Administrative Hearings, which shall assign an

 7  administrative law judge. The affidavit must detail the nature

 8  and extent of the services rendered by the attorney as well as

 9  the costs incurred in preparations, motions, hearings, and

10  appeals in the proceeding.

11         (4)  The court, or the administrative law judge in a

12  proceeding under chapter 120, shall promptly conduct an

13  evidentiary hearing on the application for an award of

14  attorney's fees and shall issue a judgment or a final order in

15  a proceeding under chapter 120. The final order of an

16  administrative law judge is reviewable in accordance with s.

17  120.68. If the court affirms the award of attorney's fees and

18  costs in whole or in part, it may award additional attorney's

19  fees and costs for the appeal.

20         (5)  A party may not be required to pay an award of

21  attorney's fees and costs under this section in an amount that

22  exceeds $200,000.

23         Section 4.  Section 97.051, Florida Statutes, is

24  amended to read:

25         97.051  Oath upon registering.--A person registering to

26  vote must subscribe to the following oath: "I do solemnly

27  swear (or affirm) that I will protect and defend the

28  Constitution of the United States and the Constitution of the

29  State of Florida, that I am qualified to register as an

30  elector under the Constitution and laws of the State of

31  Florida, and that all information provided in this application

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 1  is true I am a citizen of the United States and a legal

 2  resident of Florida."

 3         Section 5.  Section 97.052, Florida Statutes, is

 4  amended to read:

 5         97.052  Uniform statewide voter registration

 6  application.--

 7         (1)  The department shall prescribe a uniform statewide

 8  voter registration application for use in this state.

 9         (a)  The uniform statewide voter registration

10  application must be accepted for any one or more of the

11  following purposes:

12         1.  Initial registration.

13         2.  Change of address.

14         3.  Change of party affiliation.

15         4.  Change of name.

16         5.  Replacement of a voter registration identification

17  card.

18         6.  Signature update.

19         (b)  The department is responsible for printing the

20  uniform statewide voter registration application and the voter

21  registration application form prescribed by the Federal

22  Election Assistance Commission pursuant to federal law the

23  National Voter Registration Act of 1993. The applications and

24  forms must be distributed, upon request, to the following:

25         1.  Individuals seeking to register to vote.

26         2.  Individuals or groups conducting voter registration

27  programs. A charge of 1 cent per application shall be assessed

28  on requests for 10,000 or more applications.

29         3.  The Department of Highway Safety and Motor

30  Vehicles.

31         4.  Voter registration agencies.

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 1         5.  Armed forces recruitment offices.

 2         6.  Qualifying educational institutions.

 3         7.  Supervisors, who must make the applications and

 4  forms available in the following manner:

 5         a.  By distributing the applications and forms in their

 6  offices to any individual or group.

 7         b.  By distributing the applications and forms at other

 8  locations designated by each supervisor.

 9         c.  By mailing the applications and forms to applicants

10  upon the request of the applicant.

11         (c)  The uniform statewide voter registration

12  application may be reproduced by any private individual or

13  group, provided the reproduced application is in the same

14  format as the application prescribed under this section.

15         (2)  The uniform statewide voter registration

16  application must be designed to elicit the following

17  information from the applicant:

18         (a)  Full name.

19         (b)  Date of birth.

20         (c)  Address of legal residence.

21         (d)  Mailing address, if different.

22         (e)  County of legal residence.

23         (f)  Address of property for which the applicant has

24  been granted a homestead exemption, if any.

25         (f)(g)  Race or ethnicity that best describes the

26  applicant:

27         1.  American Indian or Alaskan Native.

28         2.  Asian or Pacific Islander.

29         3.  Black, not Hispanic.

30         4.  White, not Hispanic.

31         5.  Hispanic.

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 1         (g)(h)  State or country of birth.

 2         (h)(i)  Sex.

 3         (i)(j)  Party affiliation.

 4         (j)(k)  Whether the applicant needs assistance in

 5  voting.

 6         (k)(l)  Name and address where last registered.

 7         (l)(m)  Last four digits of the applicant's social

 8  security number.

 9         (m)(n)  Florida driver's license number or the

10  identification number from a Florida identification card

11  issued under s. 322.051.

12         (n)(o)  Telephone number (optional).

13         (o)(p)  Signature of applicant under penalty for false

14  swearing pursuant to s. 104.011, by which the person

15  subscribes to the oath required by s. 3, Art. VI of the State

16  Constitution and s. 97.051, and swears or affirms that the

17  information contained in the registration application is true.

18         (p)(q)  Whether the application is being used for

19  initial registration, to update a voter registration record,

20  or to request a replacement registration identification card.

21         (q)(r)  Whether the applicant is a citizen of the

22  United States by asking the question "Are you a citizen of the

23  United States of America?" and providing boxes for the

24  applicant to check to indicate whether the applicant is or is

25  not a citizen of the United States.

26         (r)(s)  Whether That the applicant has not been

27  convicted of a felony, and or, if convicted, has had his or

28  her civil rights restored by including the statement "I affirm

29  I am not a convicted felon, or if I am, my rights relating to

30  voting have been restored" and providing a box for the

31  applicant to affirm the statement.

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 1         (s)(t)  Whether That the applicant has not been

 2  adjudicated mentally incapacitated with respect to voting or,

 3  if so adjudicated, has had his or her right to vote restored

 4  by including the statement "I affirm I have not been

 5  adjudicated mentally incapacitated with respect to voting or,

 6  if I have, my competency has been restored" and providing a

 7  box for the applicant to check to affirm the statement.

 8  

 9  The registration form must be in plain language and designed

10  so that convicted felons whose civil rights have been restored

11  and persons who have been adjudicated mentally incapacitated

12  and have had their voting rights restored are not required to

13  reveal their prior conviction or adjudication.

14         (3)  The uniform statewide voter registration

15  application must also contain:

16         (a)  The oath required by s. 3, Art. VI of the State

17  Constitution and s. 97.051.

18         (b)  A statement specifying each eligibility

19  requirement under s. 97.041.

20         (c)  The penalties provided in s. 104.011 for false

21  swearing in connection with voter registration.

22         (d)  A statement that, if an applicant declines to

23  register to vote, the fact that the applicant has declined to

24  register will remain confidential and may be used only for

25  voter registration purposes.

26         (e)  A statement that informs the applicant who chooses

27  to register to vote or update a voter registration record that

28  the office at which the applicant submits a voter registration

29  application or updates a voter registration record will remain

30  confidential and may be used only for voter registration

31  purposes.

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 1         (f)  A statement that informs the applicant that any

 2  person who has been granted a homestead exemption in this

 3  state, and who registers to vote in any precinct other than

 4  the one in which the property for which the homestead

 5  exemption has been granted, shall have that information

 6  forwarded to the property appraiser where such property is

 7  located, which may result in the person's homestead exemption

 8  being terminated and the person being subject to assessment of

 9  back taxes under s. 193.092, unless the homestead granted the

10  exemption is being maintained as the permanent residence of a

11  legal or natural dependent of the owner and the owner resides

12  elsewhere.

13         (f)(g)  A statement informing an the applicant who has

14  not been issued a Florida driver's license, a Florida

15  identification card, or a social security number that if the

16  application form is submitted by mail and the applicant is

17  registering for the first time in Florida, the applicant will

18  be required to provide identification prior to voting the

19  first time.

20         (4)  A supervisor may produce a voter registration

21  application that has the supervisor's direct mailing address

22  if the department has reviewed the application and determined

23  that it is substantially the same as the uniform statewide

24  voter registration application.

25         (5)  The voter registration application form prescribed

26  by the Federal Election Assistance Commission pursuant to

27  federal law the National Voter Registration Act of 1993 or the

28  federal postcard application must be accepted as an

29  application for registration in this state if the completed

30  application or postcard application contains the information

31  required by the constitution and laws of this state.

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 1         Section 6.  Section 97.053, Florida Statutes, is

 2  amended to read:

 3         97.053  Acceptance of voter registration

 4  applications.--

 5         (1)  Voter registration applications, changes in

 6  registration, and requests for a replacement registration

 7  identification card must be accepted in the office of any

 8  supervisor, the division, a driver license office, a voter

 9  registration agency, or an armed forces recruitment office

10  when hand delivered by the applicant or a third party during

11  the hours that office is open or when mailed.

12         (2)  A completed voter registration application is

13  complete and that contains the information necessary to

14  establish an applicant's eligibility pursuant to s. 97.041

15  becomes the official voter registration record of that

16  applicant when all information necessary to establish the

17  applicant's eligibility pursuant to s. 97.041 is received by

18  the appropriate supervisor. If the applicant fails to complete

19  his or her voter registration application before the date of

20  book closing for an election, such applicant is not eligible

21  to vote in that election.

22         (3)  The registration date for a valid initial voter

23  registration application that has been hand delivered is the

24  date when received by a driver license office, a voter

25  registration agency, an armed forces recruitment office, the

26  division, or the office of any supervisor in the state.

27         (4)  The registration date for a valid initial voter

28  registration application that has been mailed to a driver

29  license office, a voter registration agency, an armed forces

30  recruitment office, the division, or the office of any

31  supervisor in the state and bears a clear postmark is the date

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 1  of that the postmark. If an initial voter registration

 2  application that has been mailed does not bear a postmark or

 3  if the postmark is unclear, the registration date is the date

 4  the registration is received by any supervisor or the

 5  division, unless it is received within 5 days after the

 6  closing of the books for an election, excluding Saturdays,

 7  Sundays, and legal holidays, in which case the registration

 8  date is the book-closing date.

 9         (5)(a)  A voter registration application is complete if

10  it contains the following information necessary to establish

11  eligibility pursuant to s. 97.041:

12         1.  The applicant's name.

13         2.  The applicant's legal residence address.

14         3.  The applicant's date of birth.

15         4.  A mark in the checkbox affirming An indication that

16  the applicant is a citizen of the United States.

17         5.  The applicant's Florida driver's license number,

18  the identification number from a Florida identification card

19  issued under s. 322.051, or the last four digits of the

20  applicant's social security number.

21         6.  A mark in the checkbox affirming An indication that

22  the applicant has not been convicted of a felony or that, if

23  convicted, has had his or her civil rights restored.

24         7.  A mark in the checkbox affirming An indication that

25  the applicant has not been adjudicated mentally incapacitated

26  with respect to voting or that, if so adjudicated, has had his

27  or her right to vote restored.

28         8.  The original signature of the applicant swearing or

29  affirming under the penalty for false swearing pursuant to s.

30  104.011 that the information contained in the registration

31  

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 1  application is true and subscribing to the oath required by s.

 2  3, Art. VI of the State Constitution and s. 97.051.

 3         (b)  An applicant who fails to designate party

 4  affiliation must be registered without party affiliation. The

 5  supervisor must notify the voter by mail that the voter has

 6  been registered without party affiliation and that the voter

 7  may change party affiliation as provided in s. 97.1031.

 8         Section 7.  Subsection (1) of section 97.055, Florida

 9  Statutes, is amended to read:

10         97.055  Registration books; when closed for an

11  election.--

12         (1)  The registration books must be closed on the 29th

13  day before each election and must remain closed until after

14  that election. If an election is called and there are fewer

15  than 29 days before that election, the registration books must

16  be closed immediately. When the registration books are closed

17  for an election, updates to a voter's name, address, and

18  signature pursuant to ss. 98.077 and 101.045 shall be the only

19  changes permitted for purposes of the upcoming election. Voter

20  registration applications and party changes must be accepted

21  but only for the purpose of subsequent elections. However,

22  party changes received between the book-closing date of the

23  first primary election and the date of the second primary

24  election are not effective until after the second primary

25  election.

26         Section 8.  Section 97.0575, Florida Statutes, is

27  created to read:

28         97.0575  Third-party voter registrations.--

29         (1)  Prior to engaging in any voter-registration

30  activities, a third-party voter registration organization

31  shall name a registered agent in the state and submit to the

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 1  division, in a form adopted by the division, the name of the

 2  registered agent and the name of those individuals responsible

 3  for the day-to-day operation of the third-party voter

 4  registration organization, including, if applicable, the names

 5  of the entity's board of directors, president, vice president,

 6  managing partner, or such other individuals engaged in similar

 7  duties or functions. On or before the 15th day after the end

 8  of each calendar quarter, each third-party voter registration

 9  organization shall submit to the division a report providing

10  the date and location of any organized voter-registration

11  drives conducted by the organization in the prior calendar

12  quarter.

13         (2)  The failure to submit the information required by

14  subsection (1) does not subject the third-party voter

15  registration organization to any civil or criminal penalties

16  for such failure and the failure to submit such information is

17  not a basis for denying such third-party voter registration

18  organization with copies of voter-registration application

19  forms.

20         (3)  A third-party voter registration organization that

21  collects voter-registration applications serves as a fiduciary

22  to the applicant, ensuring that any voter-registration

23  application entrusted to the third-party voter registration

24  organization, irrespective of party affiliation, race,

25  ethnicity, or gender shall be promptly delivered to the

26  division or the supervisor of elections. If a

27  voter-registration application collected by any third-party

28  voter registration organization is not delivered to the

29  division or supervisor of elections, the individual collecting

30  the voter-registration application, the registered agent, and

31  those individuals responsible for the day-to-day operation of

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 1  the third-party voter registration organization, including, if

 2  applicable, the entity's board of directors, president, vice

 3  president, managing partner, or such other individuals engaged

 4  in similar duties or functions, shall be personally and

 5  jointly and severally liable for the following fines:

 6         (a)  A fine in the amount of $250 for each application

 7  received by the division or the supervisor of elections more

 8  than 10 days after the applicant delivered the completed

 9  voter-registration application to the third-party voter

10  registration organization or any person, entity, or agent

11  acting on its behalf.

12         (b)  A fine in the amount of $500 for each application

13  collected by a third-party voter registration organization or

14  any person, entity, or agent acting on its behalf, prior to

15  book closing for any given election for federal or state

16  office and received by the division or the supervisor of

17  elections after the book closing deadline for such election.

18         (c)  A fine in the amount of $5,000 for each

19  application collected by a third-party voter registration

20  organization or any person, entity, or agent acting on its

21  behalf, which is not submitted to the division or supervisor

22  of elections.

23  

24  The fines provided in this subsection shall be reduced by

25  three-fourths in cases in which the third-party voter

26  registration organization has complied with subsection (1).

27         (4)(a)  The division shall adopt by rule a form to

28  elicit specific information concerning the facts and

29  circumstances from a person who claims to have been registered

30  by a third-party voter registration organization but who does

31  not appear as an active voter on the voter-registration rolls.

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 1         (b)  The division may investigate any violation of this

 2  section. Civil fines shall be assessed by the division and

 3  enforced through any appropriate legal proceedings.

 4         (5)  The date on which an applicant signs a

 5  voter-registration application is presumed to be the date on

 6  which the third-party voter registration organization received

 7  or collected the voter-registration application.

 8         (6)  The civil fines provided in this section are in

 9  addition to any applicable criminal penalties.

10         (7)  Fines collected pursuant to this section shall be

11  annually appropriated by the Legislature to the department for

12  enforcement of this section and for voter education.

13         (8)  The division may adopt rules to administer this

14  section.

15         Section 9.  Section 97.071, Florida Statutes, is

16  amended to read:

17         97.071  Registration identification card.--

18         (1)  The supervisor must furnish a registration

19  identification card must be furnished to all voters

20  registering under the permanent single registration system and

21  must contain:

22         (a)  Voter's registration number.

23         (b)  Date of registration.

24         (c)  Full name.

25         (d)  Party affiliation.

26         (e)  Date of birth.

27         (f)  Race or ethnicity, if provided by the applicant.

28         (g)  Sex, if provided by the applicant.

29         (h)  Address of legal residence.

30         (i)  Precinct number.

31         (j)  Name of supervisor.

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 1         (k)  Place for voter's signature.

 2         (l)  Other information deemed necessary by the

 3  department.

 4         (2)  A voter may receive a replacement of a

 5  registration identification card by providing a signed,

 6  written request for a replacement card to the supervisor. Upon

 7  verification of registration, the supervisor shall issue the

 8  voter a duplicate card without charge.

 9         (3)  In the case of a change of name, address, or party

10  affiliation, the supervisor must issue the voter a new

11  registration identification card. However, a registration

12  identification card indicating a party affiliation change made

13  between the book-closing date for the first primary election

14  and the date of the second primary election may not be issued

15  until after the second primary election.

16         Section 10.  Subsection (3) of section 98.045, Florida

17  Statutes, is amended to read:

18         98.045  Administration of voter registration.--

19         (3)  Notwithstanding the provisions of s. ss. 98.095

20  and 98.0977, each supervisor shall maintain for at least 2

21  years, and make available for public inspection and copying,

22  all records concerning implementation of registration list

23  maintenance programs and activities conducted pursuant to ss.

24  98.065, 98.075, and 98.0977. The records must include lists of

25  the name and address of each person to whom an address

26  confirmation final notice was sent and information as to

27  whether each such person responded to the mailing, but may not

28  include any information that is confidential or exempt from

29  public records requirements under this code.

30         Section 11.  Section 98.077, Florida Statutes, is

31  amended to read:

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 1         98.077  Update of voter signature.--The supervisor of

 2  elections shall provide to each registered voter of the county

 3  the opportunity to update his or her signature on file at the

 4  supervisor's office by providing notification of the ability

 5  to do so in any correspondence, other than postcard

 6  notifications, sent to the voter.  The notice shall advise

 7  when, where, and how to update the signature and shall provide

 8  the voter information on how to obtain a form from the

 9  supervisor that can be returned to update the signature.  In

10  addition, at least once during each general election year, the

11  supervisor shall publish in a newspaper of general circulation

12  or other newspaper in the county deemed appropriate by the

13  supervisor a notice specifying when, where, or how a voter can

14  update his or her signature that is on file or how a voter can

15  obtain a form from the supervisor to do so. All signature

16  updates for use in verifying absentee and provisional ballots

17  must be received by the appropriate supervisor of elections no

18  later than 5 p.m. of the fifth day prior to the election. The

19  signature on file at 5 p.m. on the fifth day before the

20  election is the signature that shall be used in verifying the

21  signature on the absentee and provisional ballot certificates.

22         Section 12.  Section 99.061, Florida Statutes, is

23  amended to read:

24         99.061  Method of qualifying for nomination or election

25  to federal, state, county, or district office.--

26         (1)  The provisions of any special act to the contrary

27  notwithstanding, each person seeking to qualify for nomination

28  or election to a federal, state, or multicounty district

29  office, other than election to a judicial office as defined in

30  chapter 105 or the office of school board member, shall file

31  his or her qualification papers with, and pay the qualifying

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 1  fee, which shall consist of the filing fee and election

 2  assessment, and party assessment, if any has been levied, to,

 3  the Department of State, or qualify by the petition process

 4  pursuant to s. 99.095 alternative method with the Department

 5  of State, at any time after noon of the 1st day for

 6  qualifying, which shall be as follows:  the 120th day prior to

 7  the first primary, but not later than noon of the 116th day

 8  prior to the date of the first primary, for persons seeking to

 9  qualify for nomination or election to federal office; and noon

10  of the 50th day prior to the first primary, but not later than

11  noon of the 46th day prior to the date of the first primary,

12  for persons seeking to qualify for nomination or election to a

13  state or multicounty district office.

14         (2)  The provisions of any special act to the contrary

15  notwithstanding, each person seeking to qualify for nomination

16  or election to a county office, or district or special

17  district office not covered by subsection (1), shall file his

18  or her qualification papers with, and pay the qualifying fee,

19  which shall consist of the filing fee and election assessment,

20  and party assessment, if any has been levied, to, the

21  supervisor of elections of the county, or shall qualify by the

22  petition process pursuant to s. 99.095 alternative method with

23  the supervisor of elections, at any time after noon of the 1st

24  day for qualifying, which shall be the 50th day prior to the

25  first primary or special district election, but not later than

26  noon of the 46th day prior to the date of the first primary or

27  special district election. However, if a special district

28  election is held at the same time as the second primary or

29  general election, qualifying shall be the 50th day prior to

30  the first primary, but not later than noon of the 46th day

31  prior to the date of the first primary. Within 30 days after

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 1  the closing of qualifying time, the supervisor of elections

 2  shall remit to the secretary of the state executive committee

 3  of the political party to which the candidate belongs the

 4  amount of the filing fee, two-thirds of which shall be used to

 5  promote the candidacy of candidates for county offices and the

 6  candidacy of members of the Legislature.

 7         (3)(a)  Each person seeking to qualify for election to

 8  office as a write-in candidate shall file his or her

 9  qualification papers with the respective qualifying officer at

10  any time after noon of the 1st day for qualifying, but not

11  later than noon of the last day of the qualifying period for

12  the office sought.

13         (b)  Any person who is seeking election as a write-in

14  candidate shall not be required to pay a filing fee, election

15  assessment, or party assessment. A write-in candidate shall

16  not be entitled to have his or her name printed on any ballot;

17  however, space for the write-in candidate's name to be written

18  in shall be provided on the general election ballot.  No

19  person may qualify as a write-in candidate if the person has

20  also otherwise qualified for nomination or election to such

21  office.

22         (4)  At the time of qualifying for office, each

23  candidate for a constitutional office shall file a full and

24  public disclosure of financial interests pursuant to s. 8,

25  Art. II of the State Constitution, and a candidate for any

26  other office, including local elective office, shall file a

27  statement of financial interests pursuant to s. 112.3145.

28         (5)  The Department of State shall certify to the

29  supervisor of elections, within 7 days after the closing date

30  for qualifying, the names of all duly qualified candidates for

31  

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 1  nomination or election who have qualified with the Department

 2  of State.

 3         (6)  Notwithstanding the qualifying period prescribed

 4  in this section, if a candidate has submitted the necessary

 5  petitions by the required deadline in order to qualify by the

 6  petition process pursuant to s. 99.095 alternative method as a

 7  candidate for nomination or election and the candidate is

 8  notified after the 5th day prior to the last day for

 9  qualifying that the required number of signatures has been

10  obtained, the candidate is entitled to subscribe to the

11  candidate's oath and file the qualifying papers at any time

12  within 5 days from the date the candidate is notified that the

13  necessary number of signatures has been obtained.  Any

14  candidate who qualifies within the time prescribed in this

15  subsection is entitled to have his or her name printed on the

16  ballot.

17         (7)(a)  In order for a candidate to be qualified, the

18  following items must be received by the filing officer by the

19  end of the qualifying period:

20         1.  A properly executed check drawn upon the

21  candidate's campaign account in an amount not less than the

22  fee required by s. 99.092 or, in lieu thereof, as applicable,

23  the copy of the notice of obtaining ballot position pursuant

24  to s. 99.095 or the undue burden oath authorized pursuant to

25  s. 99.0955 or s. 99.096.  If a candidate's check is returned

26  by the bank for any reason, the filing officer shall

27  immediately notify the candidate and the candidate shall, the

28  end of qualifying notwithstanding, have 48 hours from the time

29  such notification is received, excluding Saturdays, Sundays,

30  and legal holidays, to pay the fee with a cashier's check

31  purchased from funds of the campaign account. Failure to pay

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 1  the fee as provided in this subparagraph shall disqualify the

 2  candidate.

 3         2.  The candidate's oath required by s. 99.021, which

 4  must contain the name of the candidate as it is to appear on

 5  the ballot; the office sought, including the district or group

 6  number if applicable; and the signature of the candidate, duly

 7  acknowledged.

 8         3.  The loyalty oath required by s. 876.05, signed by

 9  the candidate and duly acknowledged.

10         4.  If the office sought is partisan, the written

11  statement of political party affiliation required by s.

12  99.021(1)(b).

13         5.  The completed form for the appointment of campaign

14  treasurer and designation of campaign depository, as required

15  by s. 106.021.

16         6.  The full and public disclosure or statement of

17  financial interests required by subsection (4). A public

18  officer who has filed the full and public disclosure or

19  statement of financial interests with the Commission on Ethics

20  or the supervisor of elections prior to qualifying for office

21  may file a copy of that disclosure at the time of qualifying.

22         (b)  If the filing officer receives qualifying papers

23  that do not include all items as required by paragraph (a)

24  prior to the last day of qualifying, the filing officer shall

25  make a reasonable effort to notify the candidate of the

26  missing or incomplete items and shall inform the candidate

27  that all required items must be received by the close of

28  qualifying.  A candidate's name as it is to appear on the

29  ballot may not be changed after the end of qualifying.

30         (8)  Notwithstanding the qualifying period prescribed

31  in this section, a qualifying office may accept and hold

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 1  qualifying papers submitted not earlier than 14 days prior to

 2  the beginning of the qualifying period, to be processed and

 3  filed during the qualifying period.

 4         (9)(8)  Notwithstanding the qualifying period

 5  prescribed by this section, in each year in which the

 6  Legislature apportions the state, the qualifying period for

 7  persons seeking to qualify for nomination or election to

 8  federal office shall be between noon of the 57th day prior to

 9  the first primary, but not later than noon of the 53rd day

10  prior to the first primary.

11         (10)(9)  The Department of State may prescribe by rule

12  requirements for filing papers to qualify as a candidate under

13  this section.

14         Section 13.  Section 99.063, Florida Statutes, is

15  amended to read:

16         99.063  Candidates for Governor and Lieutenant

17  Governor.--

18         (1)  No later than 5 p.m. of the 9th day following the

19  second primary election, each candidate for Governor shall

20  designate a Lieutenant Governor as a running mate.  Such

21  designation must be made in writing to the Department of

22  State.

23         (2)  No later than 5 p.m. of the 9th day following the

24  second primary election, each designated candidate for

25  Lieutenant Governor shall file with the Department of State:

26         (a)  The candidate's oath required by s. 99.021, which

27  must contain the name of the candidate as it is to appear on

28  the ballot; the office sought; and the signature of the

29  candidate, duly acknowledged.

30         (b)  The loyalty oath required by s. 876.05, signed by

31  the candidate and duly acknowledged.

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 1         (c)  If the office sought is partisan, the written

 2  statement of political party affiliation required by s.

 3  99.021(1)(b).

 4         (d)  The full and public disclosure of financial

 5  interests pursuant to s. 8, Art. II of the State Constitution.

 6  A public officer who has filed the full and public disclosure

 7  with the Commission on Ethics prior to qualifying for office

 8  may file a copy of that disclosure at the time of qualifying.

 9         (3)  A designated candidate for Lieutenant Governor is

10  not required to pay a separate qualifying fee or obtain

11  signatures on petitions. Ballot position obtained by the

12  candidate for Governor entitles the designated candidate for

13  Lieutenant Governor, upon receipt by the Department of State

14  of the qualifying papers required by subsection (2), to have

15  his or her name placed on the ballot for the joint candidacy.

16         (4)  In order to have the name of the candidate for

17  Lieutenant Governor printed on the first or second primary

18  election ballot, a candidate for Governor participating in the

19  primary must designate the candidate for Lieutenant Governor,

20  and the designated candidate must qualify no later than the

21  end of the qualifying period specified in s. 99.061.  If the

22  candidate for Lieutenant Governor has not been designated and

23  has not qualified by the end of the qualifying period

24  specified in s. 99.061, the phrase "Not Yet Designated" must

25  be included in lieu of the candidate's name on primary

26  election ballots and on advance absentee ballots for the

27  general election.

28         (5)  Failure of the Lieutenant Governor candidate to be

29  designated and qualified by the time specified in subsection

30  (2) shall result in forfeiture of ballot position for the

31  candidate for Governor for the general election.

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 1         Section 14.  Section 99.092, Florida Statutes, is

 2  amended to read:

 3         99.092  Qualifying fee of candidate; notification of

 4  Department of State.--

 5         (1)  Each person seeking to qualify for nomination or

 6  election to any office, except a person seeking to qualify by

 7  the petition process alternative method pursuant to s. 99.095,

 8  s. 99.0955, or s. 99.096 and except a person seeking to

 9  qualify as a write-in candidate, shall pay a qualifying fee,

10  which shall consist of a filing fee and election assessment,

11  to the officer with whom the person qualifies, and any party

12  assessment levied, and shall attach the original or signed

13  duplicate of the receipt for his or her party assessment or

14  pay the same, in accordance with the provisions of s. 103.121,

15  at the time of filing his or her other qualifying papers.  The

16  amount of the filing fee is 3 percent of the annual salary of

17  the office.  The amount of the election assessment is 1

18  percent of the annual salary of the office sought.  The

19  election assessment shall be deposited into the Elections

20  Commission Trust Fund.  The amount of the party assessment is

21  2 percent of the annual salary. The annual salary of the

22  office for purposes of computing the filing fee, election

23  assessment, and party assessment shall be computed by

24  multiplying 12 times the monthly salary, excluding any special

25  qualification pay, authorized for such office as of July 1

26  immediately preceding the first day of qualifying.  No

27  qualifying fee shall be returned to the candidate unless the

28  candidate withdraws his or her candidacy before the last date

29  to qualify.  If a candidate dies prior to an election and has

30  not withdrawn his or her candidacy before the last date to

31  qualify, the candidate's qualifying fee shall be returned to

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 1  his or her designated beneficiary, and, if the filing fee or

 2  any portion thereof has been transferred to the political

 3  party of the candidate, the Secretary of State shall direct

 4  the party to return that portion to the designated beneficiary

 5  of the candidate.

 6         (2)  The supervisor of elections shall, immediately

 7  after the last day for qualifying, submit to the Department of

 8  State a list containing the names, party affiliations, and

 9  addresses of all candidates and the offices for which they

10  qualified.

11         Section 15.  Section 99.095, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 99.095, F.S., for present text.)

15         99.095  Petition process in lieu of a qualifying fee

16  and party assessment.--

17         (1)  A person who seeks to qualify as a candidate for

18  any office and who meets the petition requirements of this

19  section is not required to pay the qualifying fee or party

20  assessment required by this chapter.

21         (2)(a)  A candidate shall obtain the number of

22  signatures of voters in the geographical area represented by

23  the office sought equal to at least 1 percent of the total

24  number of registered voters of that geographical area, as

25  shown by the compilation by the department for the last

26  preceding general election. Signatures may not be obtained

27  until the candidate has filed the appointment of campaign

28  treasurer and designation of campaign depository pursuant to

29  s. 106.021.

30         (b)  The format of the petition shall be prescribed by

31  the division and shall be used by candidates to reproduce

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 1  petitions for circulation. If the candidate is running for an

 2  office that requires a group or district designation, the

 3  petition must indicate that designation and if it does not,

 4  the signatures are not valid. A separate petition is required

 5  for each candidate.

 6         (3)  Each petition must be submitted before noon of the

 7  28th day preceding the first day of the qualifying period for

 8  the office sought to the supervisor of elections of the county

 9  in which such petition was circulated. Each supervisor shall

10  check the signatures on the petitions to verify their status

11  as voters in the county, district, or other geographical area

12  represented by the office sought. No later than the 7th day

13  before the first day of the qualifying period, the supervisor

14  shall certify the number of valid signatures.

15         (4)(a)  Certifications for candidates for federal,

16  state, or multicounty district office shall be submitted to

17  the division. The division shall determine whether the

18  required number of signatures has been obtained and shall

19  notify the candidate.

20         (b)  For candidates for county or district office not

21  covered by paragraph (a), the supervisor shall determine

22  whether the required number of signatures has been obtained

23  and shall notify the candidate.

24         (5)  If the required number of signatures has been

25  obtained, the candidate is eligible to qualify pursuant to s.

26  99.061.

27         Section 16.  Section 99.0955, Florida Statutes, is

28  amended to read:

29         99.0955  Candidates with no party affiliation; name on

30  general election ballot.--

31  

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 1         (1)  Each person seeking to qualify for election as a

 2  candidate with no party affiliation shall file his or her

 3  qualifying qualification papers and pay the qualifying fee or

 4  qualify by the petition process pursuant to s. 99.095

 5  alternative method prescribed in subsection (3) with the

 6  officer and during the times and under the circumstances

 7  prescribed in s. 99.061. Upon qualifying, the candidate is

 8  entitled to have his or her name placed on the general

 9  election ballot.

10         (2)  The qualifying fee for candidates with no party

11  affiliation shall consist of a filing fee and an election

12  assessment as prescribed in s. 99.092. The amount of the

13  filing fee is 3 percent of the annual salary of the office

14  sought.  The amount of the election assessment is 1 percent of

15  the annual salary of the office sought.  The election

16  assessment shall be deposited into the Elections Commission

17  Trust Fund. Filing fees paid to the Department of State shall

18  be deposited into the General Revenue Fund of the state.

19  Filing fees paid to the supervisor of elections shall be

20  deposited into the general revenue fund of the county.

21         (3)(a)  A candidate with no party affiliation may, in

22  lieu of paying the qualifying fee, qualify for office by the

23  alternative method prescribed in this subsection.  A candidate

24  using this petitioning process shall file an oath with the

25  officer before whom the candidate would qualify for the office

26  stating that he or she intends to qualify by this alternative

27  method.  If the person is running for an office that requires

28  a group or district designation, the candidate must indicate

29  the designation in his or her oath.  The oath shall be filed

30  at any time after the first Tuesday after the first Monday in

31  January of the year in which the election is held, but before

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 1  the 21st day preceding the first day of the qualifying period

 2  for the office sought.  The Department of State shall

 3  prescribe the form to be used in administering and filing the

 4  oath.  Signatures may not be obtained by a candidate on any

 5  petition until the candidate has filed the oath required in

 6  this subsection. Upon receipt of the written oath from a

 7  candidate, the qualifying officer shall provide the candidate

 8  with petition forms in sufficient numbers to facilitate the

 9  gathering of signatures.  If the candidate is running for an

10  office that requires a group or district designation, the

11  petition must indicate that designation or the signatures

12  obtained on the petition will not be counted.

13         (b)  A candidate shall obtain the signatures of a

14  number of qualified electors in the geographical entity

15  represented by the office sought equal to 1 percent of the

16  registered electors of the geographical entity represented by

17  the office sought, as shown by the compilation by the

18  Department of State for the preceding general election.

19         (c)  Each petition must be submitted before noon of the

20  21st day preceding the first day of the qualifying period for

21  the office sought, to the supervisor of elections of the

22  county for which such petition was circulated. Each supervisor

23  to whom a petition is submitted shall check the signatures on

24  the petition to verify their status as electors in the county,

25  district, or other geographical entity represented by the

26  office sought.  Before the first day for qualifying, the

27  supervisor shall certify the number shown as registered

28  electors.

29         (d)1.  Certifications for candidates for federal,

30  state, or multicounty district office shall be submitted to

31  the Department of State. The Department of State shall

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 1  determine whether the required number of signatures has been

 2  obtained for the name of the candidate to be placed on the

 3  ballot and shall notify the candidate.

 4         2.  For candidates for county or district office not

 5  covered by subparagraph 1., the supervisor of elections shall

 6  determine whether the required number of signatures has been

 7  obtained for the name of the candidate to be placed on the

 8  ballot and shall notify the candidate.

 9         (e)  If the required number of signatures has been

10  obtained, the candidate shall, during the time prescribed for

11  qualifying for office, submit a copy of the notice received

12  under paragraph (d) and file his or her qualifying papers and

13  the oath prescribed by s. 99.021 with the qualifying officer.

14         Section 17.  Section 99.096, Florida Statutes, is

15  amended to read:

16         99.096  Minor political party candidates; names on

17  ballot.--

18         (1)  The executive committee of a minor political party

19  shall, No later than noon of the third day prior to the first

20  day of the qualifying period prescribed for federal

21  candidates, the executive committee of a minor political party

22  shall submit to the Department of State a list of federal

23  candidates nominated by the party to be on the general

24  election ballot. and No later than noon of the third day prior

25  to the first day of the qualifying period for state

26  candidates, the executive committee of a minor political party

27  shall submit to the filing officer for each of the candidates

28  submit to the Department of State the official list of the

29  state, multicounty, and county respective candidates nominated

30  by that party to be on the ballot in the general election. The

31  Department of State shall notify the appropriate supervisors

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 1  of elections of the name of each minor party candidate

 2  eligible to qualify before such supervisor. The official list

 3  of nominated candidates may not be changed by the party after

 4  having been filed with the filing officers Department of

 5  State, except that candidates who have qualified may withdraw

 6  from the ballot pursuant to the provisions of this code, and

 7  vacancies in nominations may be filled pursuant to s. 100.111.

 8         (2)  Each person seeking to qualify for election as a

 9  candidate of a minor political party shall file his or her

10  qualifying qualification papers with, and pay the qualifying

11  fee and, if one has been levied, the party assessment, or

12  qualify by the petition process pursuant to s. 99.095

13  alternative method prescribed in subsection (3), with the

14  officer and at the times and under the circumstances provided

15  in s. 99.061.

16         (3)(a)  A minor party candidate may, in lieu of paying

17  the qualifying fee and party assessment, qualify for office by

18  the alternative method prescribed in this subsection.  A

19  candidate using this petitioning process shall file an oath

20  with the officer before whom the candidate would qualify for

21  the office stating that he or she intends to qualify by this

22  alternative method.  If the person is running for an office

23  that requires a group or district designation, the candidate

24  must indicate the designation in his or her oath.  The oath

25  must be filed at any time after the first Tuesday after the

26  first Monday in January of the year in which the election is

27  held, but before the 21st day preceding the first day of the

28  qualifying period for the office sought.  The Department of

29  State shall prescribe the form to be used in administering and

30  filing the oath.  Signatures may not be obtained by a

31  candidate on any petition until the candidate has filed the

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 1  oath required in this section.  Upon receipt of the written

 2  oath from a candidate, the qualifying officer shall provide

 3  the candidate with petition forms in sufficient numbers to

 4  facilitate the gathering of signatures.  If the candidate is

 5  running for an office that requires a group or district

 6  designation, the petition must indicate that designation or

 7  the signatures on such petition will not be counted.

 8         (b)  A candidate shall obtain the signatures of a

 9  number of qualified electors in the geographical entity

10  represented by the office sought equal to 1 percent of the

11  registered electors in the geographical entity represented by

12  the office sought, as shown by the compilation by the

13  Department of State for the last preceding general election.

14         (c)  Each petition shall be submitted prior to noon of

15  the 21st day preceding the first day of the qualifying period

16  for the office sought to the supervisor of elections of the

17  county for which the petition was circulated. Each supervisor

18  to whom a petition is submitted shall check the signatures on

19  the petition to verify their status as electors in the county,

20  district, or other geographical entity represented by the

21  office sought.  Before the first day for qualifying, the

22  supervisor shall certify the number shown as registered

23  electors.

24         (d)1.  Certifications for candidates for federal,

25  state, or multicounty district office shall be submitted to

26  the Department of State. The Department of State 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         2.  For candidates for county or district office not

31  covered by subparagraph 1., the supervisor of elections shall

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 1  determine whether the required number of signatures has been

 2  obtained for the name of the candidate to be placed on the

 3  ballot and shall notify the candidate.

 4         (e)  If the required number of signatures has been

 5  obtained, the candidate shall, during the prescribed time for

 6  qualifying for office, submit a copy of the notice received

 7  under paragraph (d) and file his or her qualifying papers and

 8  the oath prescribed by s. 99.021 with the qualifying officer.

 9         (4)  A minor party candidate whose name has been

10  submitted pursuant to subsection (1) and who has qualified for

11  office is entitled to have his or her name placed on the

12  general election ballot.

13         Section 18.  Subsection (1) of section 99.09651,

14  Florida Statutes, is amended to read:

15         99.09651  Signature requirements for ballot position in

16  year of apportionment.--

17         (1)  In a year of apportionment, any candidate for

18  representative to Congress, state Senate, or state House of

19  Representatives seeking ballot position by the petition

20  process alternative method prescribed in s. 99.095, s.

21  99.0955, or s. 99.096 shall obtain at least the number of

22  signatures equal to one-third of 1 percent of the ideal

23  population for the district of the office being sought.

24         Section 19.  Subsection (1) of section 100.011, Florida

25  Statutes, is amended to read:

26         100.011  Opening and closing of polls, all elections;

27  expenses.--

28         (1)  The polls shall be open at the voting places at

29  7:00 a.m., on the day of the election, and shall be kept open

30  until 7:00 p.m., of the same day, and the time shall be

31  regulated by the customary time in standard use in the county

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 1  seat of the locality.  The inspectors shall make public

 2  proclamation of the opening and closing of the polls.  During

 3  the election and canvass of the votes, the ballot box shall

 4  not be concealed. Any elector who is in line at the time of

 5  the official closing of the polls shall be allowed to cast a

 6  vote in the election.

 7         Section 20.  Section 100.101, Florida Statutes, is

 8  amended to read:

 9         100.101  Special elections and special primary

10  elections.--Except as provided in s. 100.111(2), a special

11  election or special primary election shall be held in the

12  following cases:

13         (1)  If no person has been elected at a general

14  election to fill an office which was required to be filled by

15  election at such general election.

16         (2)  If a vacancy occurs in the office of state senator

17  or member of the state house of representatives.

18         (3)  If it is necessary to elect presidential electors,

19  by reason of the offices of President and Vice President both

20  having become vacant.

21         (4)  If a vacancy occurs in the office of member from

22  Florida of the House of Representatives of Congress.

23         (5)  If a vacancy occurs in nomination.

24         Section 21.  Section 100.111, Florida Statutes, is

25  amended to read:

26         100.111  Filling vacancy.--

27         (1)(a)  If any vacancy occurs in any office which is

28  required to be filled pursuant to s. 1(f), Art. IV of the

29  State Constitution and the remainder of the term of such

30  office is 28 months or longer, then at the next general

31  election a person shall be elected to fill the unexpired

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 1  portion of such term, commencing on the first Tuesday after

 2  the first Monday following such general election.

 3         (b)  If such a vacancy occurs prior to the first day

 4  set by law for qualifying for election to office at such

 5  general election, any person seeking nomination or election to

 6  the unexpired portion of the term shall qualify within the

 7  time prescribed by law for qualifying for other offices to be

 8  filled by election at such general election.

 9         (c)  If such a vacancy occurs prior to the first

10  primary but on or after the first day set by law for

11  qualifying, the Secretary of State shall set dates for

12  qualifying for the unexpired portion of the term of such

13  office. Any person seeking nomination or election to the

14  unexpired portion of the term shall qualify within the time

15  set by the Secretary of State.  If time does not permit party

16  nominations to be made in conjunction with the first and

17  second primary elections, the Governor may call a special

18  primary election, and, if necessary, a second special primary

19  election, to select party nominees for the unexpired portion

20  of such term.

21         (2)(a)  If, in any state or county office required to

22  be filled by election, a vacancy occurs during an election

23  year by reason of the incumbent having qualified as a

24  candidate for federal office pursuant to s. 99.061, no special

25  election is required. Any person seeking nomination or

26  election to the office so vacated shall qualify within the

27  time prescribed by s. 99.061 for qualifying for state or

28  county offices to be filled by election.

29         (b)  If such a vacancy occurs in an election year other

30  than the one immediately preceding expiration of the present

31  term, the Secretary of State shall notify the supervisor of

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 1  elections in each county served by the office that a vacancy

 2  has been created. Such notice shall be provided to the

 3  supervisor of elections not later than the close of the first

 4  day set for qualifying for state or county office.  The

 5  supervisor shall provide public notice of the vacancy in any

 6  manner the Secretary of State deems appropriate.

 7         (3)  Whenever there is a vacancy for which a special

 8  election is required pursuant to s. 100.101 s. 100.101(1)-(4),

 9  the Governor, after consultation with the Secretary of State,

10  shall fix the date of a special first primary election, a

11  special second primary election, and a special election.

12  Nominees of political parties other than minor political

13  parties shall be chosen under the primary laws of this state

14  in the special primary elections to become candidates in the

15  special election.  Prior to setting the special election

16  dates, the Governor shall consider any upcoming elections in

17  the jurisdiction where the special election will be held.  The

18  dates fixed by the Governor shall be specific days certain and

19  shall not be established by the happening of a condition or

20  stated in the alternative.  The dates fixed shall provide a

21  minimum of 2 weeks between each election.  In the event a

22  vacancy occurs in the office of state senator or member of the

23  House of Representatives when the Legislature is in regular

24  legislative session, the minimum times prescribed by this

25  subsection may be waived upon concurrence of the Governor, the

26  Speaker of the House of Representatives, and the President of

27  the Senate.  If a vacancy occurs in the office of state

28  senator and no session of the Legislature is scheduled to be

29  held prior to the next general election, the Governor may fix

30  the dates for any special primary and for the special election

31  to coincide with the dates of the first and second primary and

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 1  general election.  If a vacancy in office occurs in any

 2  district in the state Senate or House of Representatives or in

 3  any congressional district, and no session of the Legislature,

 4  or session of Congress if the vacancy is in a congressional

 5  district, is scheduled to be held during the unexpired portion

 6  of the term, the Governor is not required to call a special

 7  election to fill such vacancy.

 8         (a)  The dates for candidates to qualify in such

 9  special election or special primary election shall be fixed by

10  the Department of State, and candidates shall qualify not

11  later than noon of the last day so fixed.  The dates fixed for

12  qualifying shall allow a minimum of 14 days between the last

13  day of qualifying and the special first primary election.

14         (b)  The filing of campaign expense statements by

15  candidates in such special elections or special primaries and

16  by committees making contributions or expenditures to

17  influence the results of such special primaries or special

18  elections shall be not later than such dates as shall be fixed

19  by the Department of State, and in fixing such dates the

20  Department of State shall take into consideration and be

21  governed by the practical time limitations.

22         (c)  The dates for a candidate to qualify by the

23  petition process pursuant to s. 99.095 alternative method in

24  such special primary or special election shall be fixed by the

25  Department of State.  In fixing such dates the Department of

26  State shall take into consideration and be governed by the

27  practical time limitations. Any candidate seeking to qualify

28  by the petition process alternative method in a special

29  primary election shall obtain 25 percent of the signatures

30  required by s. 99.095, s. 99.0955, or s. 99.096, as

31  applicable.

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 1         (d)  The qualifying fees and party assessments of such

 2  candidates as may qualify shall be the same as collected for

 3  the same office at the last previous primary for that office.

 4  The party assessment shall be paid to the appropriate

 5  executive committee of the political party to which the

 6  candidate belongs.

 7         (e)  Each county canvassing board shall make as speedy

 8  a return of the result of such special elections and primaries

 9  as time will permit, and the Elections Canvassing Commission

10  likewise shall make as speedy a canvass and declaration of the

11  nominees as time will permit.

12         (4)(a)  In the event that death, resignation,

13  withdrawal, removal, or any other cause or event should cause

14  a party to have a vacancy in nomination which leaves no

15  candidate for an office from such party, the Governor shall,

16  after conferring with the Secretary of State, call a special

17  primary election and, if necessary, a second special primary

18  election to select for such office a nominee of such political

19  party.  The dates on which candidates may qualify for such

20  special primary election shall be fixed by the Department of

21  State, and the candidates shall qualify no later than noon of

22  the last day so fixed. The filing of campaign expense

23  statements by candidates in special primaries shall not be

24  later than such dates as shall be fixed by the Department of

25  State.  In fixing such dates, the Department of State shall

26  take into consideration and be governed by the practical time

27  limitations.  The qualifying fees and party assessment of such

28  candidates as may qualify shall be the same as collected for

29  the same office at the last previous primary for that office.

30  Each county canvassing board shall make as speedy a return of

31  the results of such primaries as time will permit, and the

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 1  Elections Canvassing Commission shall likewise make as speedy

 2  a canvass and declaration of the nominees as time will permit.

 3         (b)  If the vacancy in nomination occurs later than

 4  September 15, or if the vacancy in nomination occurs with

 5  respect to a candidate of a minor political party which has

 6  obtained a position on the ballot, no special primary election

 7  shall be held and the Department of State shall notify the

 8  chair of the appropriate state, district, or county political

 9  party executive committee of such party; and, within 7 days,

10  the chair shall call a meeting of his or her executive

11  committee to consider designation of a nominee to fill the

12  vacancy.  The name of any person so designated shall be

13  submitted to the Department of State within 14 days after of

14  notice to the chair in order that the person designated may

15  have his or her name printed or otherwise placed on the ballot

16  of the ensuing general election, but in no event shall the

17  supervisor of elections be required to place on a ballot a

18  name submitted less than 21 days prior to the election.  If

19  the vacancy occurs less than 21 days prior to the election,

20  the person designated by the political party will replace the

21  former party nominee even though the former party nominee's

22  name shall appear will be on the ballot.  Any ballots cast for

23  the former party nominee will be counted for the person

24  designated by the political party to replace the former party

25  nominee.  If there is no opposition to the party nominee, the

26  person designated by the political party to replace the former

27  party nominee will be elected to office at the general

28  election. For purposes of this paragraph, the term "district

29  political party executive committee" means the members of the

30  state executive committee of a political party from those

31  counties comprising the area involving a district office.

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 1         (c)  When, under the circumstances set forth in the

 2  preceding paragraph, vacancies in nomination are required to

 3  be filled by committee nominations, such vacancies shall be

 4  filled by party rule.  In any instance in which a nominee is

 5  selected by a committee to fill a vacancy in nomination, such

 6  nominee shall pay the same filing fee and take the same oath

 7  as the nominee would have taken had he or she regularly

 8  qualified for election to such office.

 9         (d)  Any person who, at the close of qualifying as

10  prescribed in ss. 99.061 and 105.031, was qualified for

11  nomination or election to or retention in a public office to

12  be filled at the ensuing general election is prohibited from

13  qualifying as a candidate to fill a vacancy in nomination for

14  any other office to be filled at that general election, even

15  if such person has withdrawn or been eliminated as a candidate

16  for the original office sought. However, this paragraph does

17  not apply to a candidate for the office of Lieutenant Governor

18  who applies to fill a vacancy in nomination for the office of

19  Governor on the same ticket or to a person who has withdrawn

20  or been eliminated as a candidate and who is subsequently

21  designated as a candidate for Lieutenant Governor under s.

22  99.063.

23         (5)  In the event of unforeseeable circumstances not

24  contemplated in these general election laws concerning the

25  calling and holding of special primary elections and special

26  elections resulting from court order or other unpredictable

27  circumstances, the Department of State shall have the

28  authority to provide for the conduct of orderly elections.

29         (6)  In the event that a vacancy occurs which leaves

30  less than 4 weeks for a candidate seeking to qualify by the

31  alternative method to gather signatures for ballot position,

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 1  the number of signatures required for ballot placement shall

 2  be 25 percent of the number of signatures required by s.

 3  99.095, s. 99.0955, or s. 99.096, whichever is applicable.

 4         Section 22.  Section 100.141, Florida Statutes, is

 5  amended to read:

 6         100.141  Notice of special election to fill any vacancy

 7  in office or nomination.--

 8         (1)  Whenever a special election is required to fill

 9  any vacancy in office or nomination, the Governor, after

10  consultation with the Secretary of State, shall issue an order

11  declaring on what day the election shall be held and deliver

12  the order to the Department of State.

13         (2)  The Department of State shall prepare a notice

14  stating what offices and vacancies are to be filled in the

15  special election, the date set for each special primary

16  election and the special election, the dates fixed for

17  qualifying for office, the dates fixed for qualifying by the

18  petition process pursuant to s. 99.095 alternative method, and

19  the dates fixed for filing campaign expense statements.

20         (3)  The department shall deliver a copy of such notice

21  to the supervisor of elections of each county in which the

22  special election is to be held.  The supervisor shall have the

23  notice published two times in a newspaper of general

24  circulation in the county at least 10 days prior to the first

25  day set for qualifying for office.  If such a newspaper is not

26  published within the period set forth, the supervisor shall

27  post at least five copies of the notice in conspicuous places

28  in the county not less than 10 days prior to the first date

29  set for qualifying.

30         Section 23.  Subsection (2) of section 101.031, Florida

31  Statutes, is amended to read:

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 1         101.031  Instructions for electors.--

 2         (2)  The supervisor of elections in each county shall

 3  have posted at each polling place in the county the Voter's

 4  Bill of Rights and Responsibilities in the following form:

 5  

 6                      VOTER'S BILL OF RIGHTS

 7  

 8         Each registered voter in this state has the right to:

 9         1.  Vote and have his or her vote accurately counted.

10         2.  Cast a vote if he or she is in line at the official

11  closing of the polls in that county.

12         3.  Ask for and receive assistance in voting.

13         4.  Receive up to two replacement ballots if he or she

14  makes a mistake prior to the ballot being cast.

15         5.  An explanation if his or her registration or

16  identity is in question.

17         6.  If his or her registration or identity is in

18  question, cast a provisional ballot.

19         7.  Prove his or her identity by signing an affidavit

20  if election officials doubt the voter's identity.

21         7.8.  Written instructions to use when voting, and,

22  upon request, oral instructions in voting from elections

23  officers.

24         8.9.  Vote free from coercion or intimidation by

25  elections officers or any other person.

26         9.10.  Vote on a voting system that is in working

27  condition and that will allow votes to be accurately cast.

28  

29                      VOTER RESPONSIBILITIES

30  

31         Each registered voter in this state should:

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 1         1.  Familiarize himself or herself with the candidates

 2  and issues.

 3         2.  Maintain with the office of the supervisor of

 4  elections a current address.

 5         3.  Know the location of his or her polling place and

 6  its hours of operation.

 7         4.  Bring proper identification to the polling station.

 8         5.  Familiarize himself or herself with the operation

 9  of the voting equipment in his or her precinct.

10         6.  Treat precinct workers with courtesy.

11         7.  Respect the privacy of other voters.

12         8.  Report any problems or violations of election laws

13  to the supervisor of elections.

14         9.  Ask questions, if needed.

15         10.  Make sure that his or her completed ballot is

16  correct before leaving the polling station.

17  

18  NOTE TO VOTER: Failure to perform any of these

19  responsibilities does not prohibit a voter from voting.

20         Section 24.  Section 101.043, Florida Statutes, is

21  amended to read:

22         101.043  Identification required at polls.--

23         (1)  The precinct register, as prescribed in s. 98.461,

24  shall be used at the polls in lieu of the registration books

25  for the purpose of identifying the elector at the polls prior

26  to allowing him or her to vote. The clerk or inspector shall

27  require each elector, upon entering the polling place, to

28  present a current and valid picture identification as provided

29  in s. 97.0535(3)(a). If the picture identification does not

30  contain the signature of the voter, an additional

31  identification that provides the voter's signature shall be

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 1  required. The elector shall sign his or her name in the space

 2  provided, and the clerk or inspector shall compare the

 3  signature with that on the identification provided by the

 4  elector and enter his or her initials in the space provided

 5  and allow the elector to vote if the clerk or inspector is

 6  satisfied as to the identity of the elector.

 7         (2)  Except as provided in subsection (3), if the

 8  elector fails to furnish the required identification, or if

 9  the clerk or inspector is in doubt as to the identity of the

10  elector, such clerk or inspector shall follow the procedure

11  prescribed in s. 101.49.

12         (2)(3)  If the elector who fails to furnish the

13  required identification is a first-time voter who registered

14  by mail and has not provided the required identification to

15  the supervisor of elections prior to election day, the elector

16  shall be allowed to vote a provisional ballot. The canvassing

17  board shall determine the validity of the ballot pursuant to

18  s. 101.048(2).

19         Section 25.  Section 101.048, Florida Statutes, is

20  amended to read:

21         101.048  Provisional ballots.--

22         (1)  At all elections, a voter claiming to be properly

23  registered in the county and eligible to vote at the precinct

24  in the election, but whose eligibility cannot be determined, a

25  person whom an election official asserts is not eligible, and

26  other persons specified in the code shall be entitled to vote

27  a provisional ballot. Once voted, the provisional ballot shall

28  be placed in a secrecy envelope and thereafter sealed in a

29  provisional ballot envelope. The provisional ballot shall be

30  deposited in a ballot box. All provisional ballots shall

31  remain sealed in their envelopes for return to the supervisor

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 1  of elections. The department shall prescribe the form of the

 2  provisional ballot envelope. A person casting a provisional

 3  ballot shall have the right to present written evidence

 4  supporting his or her eligibility to vote to the supervisor of

 5  elections by not later that 5 p.m. on the third day following

 6  the election.

 7         (2)(a)  The county canvassing board shall examine each

 8  Provisional Ballot Voter's Certificate and Affirmation

 9  envelope to determine if the person voting that ballot was

10  entitled to vote at the precinct where the person cast a vote

11  in the election and that the person had not already cast a

12  ballot in the election. In determining whether a person

13  casting a provisional ballot is entitled to vote, the county

14  canvassing board shall review the information provided in the

15  Voter's Certificate and Affirmation, written evidence provided

16  by the person pursuant to subsection (1), any other evidence

17  presented by the supervisor of elections, and, in the case of

18  a challenge, any evidence presented by the challenger. A

19  ballot of a person casting a provisional ballot shall be

20  counted unless the canvassing board determines by a

21  preponderance of the evidence that the person was not entitled

22  to vote.

23         (b)1.  If it is determined that the person was

24  registered and entitled to vote at the precinct where the

25  person cast a vote in the election, the canvassing board shall

26  compare the signature on the Provisional Ballot Voter's

27  Certificate and Affirmation envelope with the signature on the

28  voter's registration and, if it matches, shall count the

29  ballot.

30         2.  If it is determined that the person voting the

31  provisional ballot was not registered or entitled to vote at

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 1  the precinct where the person cast a vote in the election, the

 2  provisional ballot shall not be counted and the ballot shall

 3  remain in the envelope containing the Provisional Ballot

 4  Voter's Certificate and Affirmation and the envelope shall be

 5  marked "Rejected as Illegal."

 6         (3)  The Provisional Ballot Voter's Certificate and

 7  Affirmation shall be in substantially the following form:

 8  

 9  STATE OF FLORIDA

10  COUNTY OF ....

11  

12         I do solemnly swear (or affirm) that my name is ....;

13  that my date of birth is ....; that I am registered and

14  qualified to vote and at the time I registered I resided at

15  ...., in the municipality of ...., in .... County, Florida;

16  that I am registered in the .... Party; that I am a qualified

17  voter of the county; and that I have not voted in this

18  election.  I understand that if I commit any fraud in

19  connection with voting, vote a fraudulent ballot, or vote more

20  than once in an election, I can be convicted of a felony of

21  the third degree and fined up to $5,000 and/or imprisoned for

22  up to 5 years.

23                                      ...(Signature of Voter)...

24                               ...(Current Residence Address)...

25                                 ...(Current Mailing Address)...

26                                   ...(City, State, Zip Code)...

27       ...(Driver's License Number or Last Four Digits of Social

28                                             Security Number)...

29  

30  Sworn to and subscribed before me this .... day of ........,

31  ...(year)....

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 1  ...(Election Official)...

 2  

 3  Precinct # ....                Ballot Style/Party Issued: ....

 4  

 5         (4)  Notwithstanding the requirements of subsections

 6  (1), (2), and (3) In counties where the voting system does not

 7  utilize a paper ballot, the supervisor of elections may, and

 8  for persons with disabilities shall, provide the appropriate

 9  provisional ballot to the voter by electronic means that meet

10  the requirements of s. 101.56062, as provided for by the

11  certified voting system. Each person casting a provisional

12  ballot by electronic means shall, prior to casting his or her

13  ballot, complete the Provisional Ballot Voter's Certificate

14  and Affirmation as provided in subsection (3).

15         (5)  Each person casting a provisional ballot shall be

16  given written instructions regarding the person's right to

17  provide the supervisor of elections with written evidence of

18  his or her eligibility to vote and regarding the free access

19  system established pursuant to subsection (6). The

20  instructions shall contain information on how to access the

21  system and the information the voter will need to provide to

22  obtain information on his or her particular ballot. The

23  instructions shall also include the following statement: "If

24  this is a primary election, you should contact the supervisor

25  of elections' office immediately to confirm that you are

26  registered and can vote in the general election."

27         (6)  Each supervisor of elections shall establish a

28  free access system that allows each person who casts a

29  provisional ballot to determine whether his or her provisional

30  ballot was counted in the final canvass of votes and, if not,

31  the reasons why. Information regarding provisional ballots

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 1  shall be available no later than 30 days following the

 2  election. The system established must restrict information

 3  regarding an individual ballot to the person who cast the

 4  ballot.

 5         Section 26.  Section 101.049, Florida Statutes, is

 6  amended to read:

 7         101.049  Provisional ballots; special circumstances.--

 8         (1)  Any person who votes in an election after the

 9  regular poll-closing time pursuant to a court or other order

10  extending the statutory polling hours must vote a provisional

11  ballot. Once voted, the provisional ballot shall be placed in

12  a secrecy envelope and thereafter sealed in a provisional

13  ballot envelope. The election official witnessing the voter's

14  subscription and affirmation on the Provisional Ballot Voter's

15  Certificate shall indicate whether or not the voter met all

16  requirements to vote a regular ballot at the polls. All such

17  provisional ballots shall remain sealed in their envelopes and

18  be transmitted to the supervisor of elections.

19         (2)  Separate and apart from all other ballots, the

20  county canvassing board shall count all late-voted provisional

21  ballots that the canvassing board determines to be valid.

22         (3)  The supervisor shall ensure that late-voted

23  provisional ballots are not commingled with other ballots

24  during the canvassing process or at any other time they are

25  statutorily required to be in the supervisor's possession.

26         (4)  This section shall not apply to voters in line at

27  the poll-closing time provided in s. 100.011 who cast their

28  ballots subsequent to that time.

29         (5)  As an alternative, provisional ballots cast

30  pursuant to this section may, and for persons with

31  

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 1  disabilities shall, be cast in accordance with the provisions

 2  of s. 101.048(4).

 3         Section 27.  Effective July 1, 2005, section 101.051,

 4  Florida Statutes, as amended by section 10 of chapter

 5  2002-281, Laws of Florida, is amended to read:

 6         101.051  Electors seeking assistance in casting

 7  ballots; oath to be executed; forms to be furnished.--

 8         (1)  Any elector applying to vote in any election who

 9  requires assistance to vote by reason of blindness,

10  disability, or inability to read or write may request the

11  assistance of two election officials or some other person of

12  the elector's own choice, other than the elector's employer,

13  an agent of the employer, or an officer or agent of his or her

14  union, to assist the elector in casting his or her vote. Any

15  such elector, before retiring to the voting booth, may have

16  one of such persons read over to him or her, without

17  suggestion or interference, the titles of the offices to be

18  filled and the candidates therefor and the issues on the

19  ballot. After the elector requests the aid of the two election

20  officials or the person of the elector's choice, they shall

21  retire to the voting booth for the purpose of casting the

22  elector's vote according to the elector's choice.

23         (2)  It is unlawful for any person to be in the voting

24  booth with any elector except as provided in subsection (1). A

25  person at a polling place or early voting site, or within 100

26  feet of the entrance of a polling place or early voting site,

27  may not solicit any elector in an effort to provide assistance

28  to vote pursuant to subsection (1). Any person who violates

29  this subsection commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31  

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 1         (3)  Any elector applying to cast an absentee ballot in

 2  the office of the supervisor, in any election, who requires

 3  assistance to vote by reason of blindness, disability, or

 4  inability to read or write may request the assistance of some

 5  person of his or her own choice, other than the elector's

 6  employer, an agent of the employer, or an officer or agent of

 7  his or her union, in casting his or her absentee ballot.

 8         (4)  If an elector needs assistance in voting pursuant

 9  to the provisions of this section, the clerk or one of the

10  inspectors shall require the elector requesting assistance in

11  voting to take the following oath:

12  

13                 DECLARATION TO SECURE ASSISTANCE

14  

15  State of Florida

16  County of ....

17  Date ....

18  Precinct ....

19         I, ...(Print name)..., swear or affirm that I am a

20  registered elector and request assistance from ...(Print

21  names)... in voting at the ...(name of election)... held on

22  ...(date of election)....       ...(Signature of assistor)....

23  Sworn and subscribed to before me this .... day of ....,

24  ...(year)....

25                ...(Signature of Official Administering Oath)...

26         (5)  If an elector needing assistance requests that a

27  person other than an election official provide him or her with

28  assistance in voting, the clerk or one of the inspectors shall

29  require the person providing assistance to take the following

30  oath:

31  

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 1                DECLARATION TO PROVIDE ASSISTANCE

 2  

 3  State of Florida

 4  County of ....

 5  Date ....

 6  Precinct ....

 7         I, ...(Print name)..., have been requested by ...(print

 8  name of elector needing assistance)... to provide him or her

 9  with assistance to vote. I swear or affirm that I am not the

10  employer, an agent of the employer, or an officer or agent of

11  the union of the voter and that I have not solicited this

12  voter at the polling place or early voting site or within 100

13  feet of such locations in an effort to provide

14  assistance....(Signature of assistor)...

15  Sworn and subscribed to before me this .... day of ....,

16  ...(year)....

17  ...(Signature of Official Administering Oath)...

18         (6)(5)  The supervisor of elections shall deliver a

19  sufficient number of these forms to each precinct, along with

20  other election paraphernalia.

21         Section 28.  Section 101.111, Florida Statutes, is

22  amended to read:

23         101.111  Person desiring to vote may be challenged;

24  challenger to execute oath; oath of person challenged;

25  determination of challenge.--

26         (1)  When the right to vote of any person who desires

27  to vote is challenged by any elector or poll watcher, the

28  challenge shall be reduced to writing with an oath as provided

29  in this section, giving reasons for the challenge, which shall

30  be delivered to the clerk or inspector. Any elector or poll

31  

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 1  watcher challenging the right of a person to vote shall

 2  execute the oath set forth below:

 3  

 4                OATH OF PERSON ENTERING CHALLENGE

 5  

 6  State of Florida

 7  County of ....

 8  

 9  I do solemnly swear that my name is ....; that I am a member

10  of the .... party; that I am a registered voter or pollwatcher

11  .... years old; that my residence address is ...., in the

12  municipality of ....; and that I have reason to believe that

13  .... is attempting to vote illegally and the reasons for my

14  belief are set forth herein to wit: ..........................

15  ..............................................................

16  ..............................................................

17                   ...(Signature of person challenging voter)...

18  

19  Sworn and subscribed to before me this .... day of ....,

20  ...(year)....

21                                       ...(Clerk of election)...

22  

23         (2)  Before a person who is challenged is permitted to

24  vote, the challenged person's right to vote shall be

25  determined in accordance with the provisions of subsection

26  (3). The clerk or inspector shall immediately deliver to the

27  challenged person a copy of the oath of the person entering

28  the challenge and the challenged voter shall be allowed to

29  cast a provisional ballot. shall request the challenged person

30  to execute the following oath:

31  

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 1                    OATH OF PERSON CHALLENGED

 2  

 3  State of Florida

 4  County of ....

 5  

 6  I do solemnly swear that my name is ....; that I am a member

 7  of the .... party; that my date of birth is ....; that my

 8  residence address is ...., in the municipality of ...., in

 9  this the .... precinct of .... county; that I personally made

10  application for registration and signed my name and that I am

11  a qualified voter in this election.

12  ...(Signature of person)...

13  

14  Sworn and subscribed to before me this .... day of ....,

15  ...(year)....

16  ...(Clerk of election or Inspector)...

17  

18  Any inspector or clerk of election may administer the oath.

19         (3)  Any elector or poll watcher may challenge the

20  right of any voter to vote not sooner than 30 days before an

21  election by filing a completed copy of the oath contained in

22  subsection (1) to the supervisor of election's office. The

23  challenged voter shall be permitted to cast a provisional

24  ballot.

25         (4)  Any elector or poll watcher filing a frivolous

26  challenge of any person's right to vote commits a misdemeanor

27  of the first degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084; however, electors or poll watchers

29  shall not be subject to liability for any action taken in good

30  faith and in furtherance of any activity or duty permitted of

31  such electors or poll watchers by law. Each instance where any

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 1  elector or poll watcher files a frivolous challenge of any

 2  person's right to vote constitutes a separate offense.

 3         (a)  The clerk and inspectors shall compare the

 4  information in the challenged person's oath with that entered

 5  on the precinct register and shall take any other evidence

 6  that may be offered. The clerk and inspectors shall then

 7  decide by a majority vote whether the challenged person may

 8  vote a regular ballot.

 9         (b)  If the challenged person refuses to complete the

10  oath or if a majority of the clerk and inspectors doubt the

11  eligibility of the person to vote, the challenged person shall

12  be allowed to vote a provisional ballot. The oath of the

13  person entering the challenge and the oath of the person

14  challenged shall be attached to the provisional ballot for

15  transmittal to the canvassing board.

16         Section 29.  Section 101.131, Florida Statutes, is

17  amended to read:

18         101.131  Watchers at polls.--

19         (1)  Each political party and each candidate may have

20  one watcher in each polling room or early voting area at any

21  one time during the election. A political committee formed for

22  the specific purpose of expressly advocating the passage or

23  defeat of an issue on the ballot may have one watcher for each

24  polling room or early voting area at any one time during the

25  election. No watcher shall be permitted to come closer to the

26  officials' table or the voting booths than is reasonably

27  necessary to properly perform his or her functions, but each

28  shall be allowed within the polling room or early voting area

29  to watch and observe the conduct of electors and officials.

30  The poll watchers shall furnish their own materials and

31  necessities and shall not obstruct the orderly conduct of any

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 1  election. The poll watchers shall pose any questions regarding

 2  polling place procedures directly to the clerk for resolution.

 3  They may not interact with voters. Each poll watcher shall be

 4  a qualified and registered elector of the county in which he

 5  or she serves.

 6         (2)  Each party, each political committee, and each

 7  candidate requesting to have poll watchers shall designate, in

 8  writing, poll watchers for each precinct prior to noon of the

 9  second Tuesday preceding the election poll watchers for each

10  polling room on election day. Designations of poll watchers

11  for early voting areas shall be submitted in writing to the

12  supervisor of elections at least 14 days before early voting

13  begins.  The poll watchers for each polling room precinct

14  shall be approved by the supervisor of elections on or before

15  the Tuesday before the election. Poll watchers for early

16  voting areas shall be approved by the supervisor of elections

17  no later than 7 days before early voting begins. The

18  supervisor shall furnish to each election board precinct a

19  list of the poll watchers designated and approved for such

20  polling room or early voting area precinct.

21         (3)  No candidate or sheriff, deputy sheriff, police

22  officer, or other law enforcement officer may be designated as

23  a poll watcher.

24         Section 30.  Subsection (1) of section 101.151, Florida

25  Statutes, is amended to read:

26         101.151  Specifications for ballots.--

27         (1)  Marksense Paper ballots shall be printed on paper

28  of such thickness that the printing cannot be distinguished

29  from the back and shall meet the specifications of the voting

30  system that will be used to tabulate the ballots.

31  

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 1         Section 31.  Section 101.171, Florida Statutes, is

 2  amended to read:

 3         101.171  Copy of constitutional amendment to be

 4  available at voting locations posted.--Whenever any amendment

 5  to the State Constitution is to be voted upon at any election,

 6  the Department of State shall have printed, and shall furnish

 7  to each supervisor of elections, a sufficient number of copies

 8  of the amendment either in poster or booklet form, and the

 9  supervisor shall have a copy thereof conspicuously posted or

10  available at each polling room or early voting area precinct

11  upon the day of election.

12         Section 32.  Section 101.294, Florida Statutes, is

13  amended to read:

14         101.294  Purchase and sale of voting equipment.--

15         (1)  The Division of Elections of the Department of

16  State shall adopt uniform rules for the purchase, use, and

17  sale of voting equipment in the state.  No governing body

18  shall purchase or cause to be purchased any voting equipment

19  unless such equipment has been certified for use in this state

20  by the Department of State.

21         (2)  Any governing body contemplating the purchase or

22  sale of voting equipment shall notify the Division of

23  Elections of such considerations.  The division shall attempt

24  to coordinate the sale of excess or outmoded equipment by one

25  county with purchases of necessary equipment by other

26  counties.

27         (3)  The division shall inform the governing bodies of

28  the various counties of the state of the availability of new

29  or used voting equipment and of sources available for

30  obtaining such equipment.

31  

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 1         (4)  A vendor of voting equipment may not provide an

 2  uncertified voting system, voting system component, or voting

 3  system upgrade to a local governing body or supervisor of

 4  elections in this state.

 5         (5)  Before or in conjunction with providing a voting

 6  system, voting system component, or voting system upgrade, the

 7  vendor shall provide the local governing body or supervisor of

 8  elections with a sworn certification that the voting system,

 9  voting system component, or voting system upgrade being

10  provided has been certified by the Division of Elections.

11         Section 33.  Section 101.295, Florida Statutes, is

12  amended to read:

13         101.295  Penalties for violation.--

14         (1)  Any member of a governing body which purchases or

15  sells voting equipment in violation of the provisions of ss.

16  101.292-101.295, which member knowingly votes to purchase or

17  sell voting equipment in violation of the provisions of ss.

18  101.292-101.295, is guilty of a misdemeanor of the first

19  degree, punishable as provided by s. 775.082 or s. 775.083,

20  and shall be subject to suspension from office on the grounds

21  of malfeasance.

22         (2)  Any vendor, chief executive officer, or vendor

23  representative of voting equipment who provides a voting

24  system, voting system component, or voting system upgrade in

25  violation of this chapter commits a felony of the third

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

27  s. 775.084.

28         Section 34.  Section 101.49, Florida Statutes, is

29  amended to read:

30         101.49  Procedure of election officers where signatures

31  differ.--

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 1         (1)  Whenever any clerk or inspector, upon a just

 2  comparison of the signatures, doubts that the signature on the

 3  identification presented by the of any elector who presents

 4  himself or herself at the polls to vote is the same as the

 5  signature of the elector affixed on the precinct register or

 6  early voting certificate in the registration book, the clerk

 7  or inspector shall deliver to the person an affidavit which

 8  shall be in substantially the following form:

 9  

10  STATE OF FLORIDA,

11  COUNTY OF .....

12         I do solemnly swear (or affirm) that my name is ....;

13  that I am .... years old; that I was born in the State of

14  ....; that I am registered to vote, and at the time I

15  registered I resided on .... Street, in the municipality of

16  ...., County of ...., State of Florida; that I am a qualified

17  voter of the county and state aforesaid and have not voted in

18  this election.

19                                      ...(Signature of voter)...

20         Sworn to and subscribed before me this .... day of

21  ...., A. D....(year)....

22                          ...(Clerk or inspector of election)...

23                                              Precinct No. .....

24                                                 County of .....

25  

26         (2)  The person shall fill out, in his or her own

27  handwriting or with assistance from a member of the election

28  board, the form and make an affidavit to the facts stated in

29  the filled-in form; such affidavit shall then be sworn to and

30  subscribed before one of the inspectors or clerks of the

31  election who is authorized to administer the oath. Whenever

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 1  the affidavit is made and filed with the clerk or inspector,

 2  the person shall then be admitted to cast his or her vote, but

 3  if the person fails or refuses to make out or file such

 4  affidavit and asserts his or her eligibility, then he or she

 5  shall be entitled to vote a provisional ballot not be

 6  permitted to vote.

 7         Section 35.  Effective July 1, 2005, subsection (1) of

 8  section 101.51, Florida Statutes, as amended by section 11 of

 9  chapter 2002-281, Laws of Florida, is amended to read:

10         101.51  Electors to occupy booth alone.--

11         (1)  When the elector presents himself or herself to

12  vote, the election official shall ascertain whether the

13  elector's name is upon the register of electors, and, if the

14  elector's name appears and no challenge interposes, or, if

15  interposed, be not sustained, one of the election officials

16  stationed at the entrance shall announce the name of the

17  elector and permit him or her to enter the booth or

18  compartment to cast his or her vote, allowing only one elector

19  at a time to pass through to vote. An elector, while casting

20  his or her ballot, may not occupy a booth or compartment

21  already occupied or speak with anyone, except as provided by

22  s. 101.051, while in the polling place.

23         Section 36.  Subsection (4) of section 101.5606,

24  Florida Statutes, is amended to read:

25         101.5606  Requirements for approval of systems.--No

26  electronic or electromechanical voting system shall be

27  approved by the Department of State unless it is so

28  constructed that:

29         (4)  For systems using marksense paper ballots, it

30  accepts a rejected ballot pursuant to subsection (3) if a

31  

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 1  voter chooses to cast the ballot, but records no vote for any

 2  office that has been overvoted or undervoted.

 3         Section 37.  Subsections (2) and (3) of section

 4  101.5608, Florida Statutes, are amended to read:

 5         101.5608  Voting by electronic or electromechanical

 6  method; procedures.--

 7         (2)  When an electronic or electromechanical voting

 8  system utilizes a ballot card or marksense paper ballot, the

 9  following procedures shall be followed:

10         (a)  After receiving a ballot from an inspector, the

11  elector shall, without leaving the polling place, retire to a

12  booth or compartment and mark the ballot. After preparing his

13  or her ballot, the elector shall place the ballot in a secrecy

14  envelope with the stub exposed or shall fold over that portion

15  on which write-in votes may be cast, as instructed, so that

16  the ballot will be deposited in the ballot box without

17  exposing the voter's choices. Before the ballot is deposited

18  in the ballot box, the inspector shall detach the exposed stub

19  and place it in a separate envelope for audit purposes; when a

20  fold-over ballot is used, the entire ballot shall be placed in

21  the ballot box.

22         (b)  Any voter who spoils his or her ballot or makes an

23  error may return the ballot to the election official and

24  secure another ballot, except that in no case shall a voter be

25  furnished more than three ballots. If the vote tabulation

26  device has rejected a ballot, the ballot shall be considered

27  spoiled and a new ballot shall be provided to the voter unless

28  the voter chooses to cast the rejected ballot. The election

29  official, without examining the original ballot, shall state

30  the possible reasons for the rejection and shall provide

31  instruction to the voter pursuant to s. 101.5611. A spoiled

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 1  ballot shall be preserved, without examination, in an envelope

 2  provided for that purpose. The stub shall be removed from the

 3  ballot and placed in an envelope.

 4         (c)  The supervisor of elections shall prepare for each

 5  polling place at least one ballot box to contain the ballots

 6  of a particular precinct, and each ballot box shall be plainly

 7  marked with the name of the precinct for which it is intended.

 8         (3)  The Department of State shall promulgate rules

 9  regarding voting procedures to be used when an electronic or

10  electromechanical voting system is of a type which does not

11  utilize a ballot card or marksense paper ballot.

12         Section 38.  Subsection (2) of section 101.5612,

13  Florida Statutes, is amended to read:

14         101.5612  Testing of tabulating equipment.--

15         (2)  On any day not more than 10 days prior to the

16  commencement of early voting as provided in s. 101.657, the

17  supervisor of elections shall have the automatic tabulating

18  equipment publicly tested to ascertain that the equipment will

19  correctly count the votes cast for all offices and on all

20  measures. If the ballots to be used at the polling place on

21  election day are not available at the time of the testing, the

22  supervisor may conduct an additional test not more than 10

23  days before election day. Public notice of the time and place

24  of the test shall be given at least 48 hours prior thereto by

25  publication once in one or more newspapers of general

26  circulation in the county or, if there is no newspaper of

27  general circulation in the county, by posting the notice in at

28  least four conspicuous places in the county. The supervisor or

29  the municipal elections official may, at the time of

30  qualifying, give written notice of the time and location of

31  the public preelection test to each candidate qualifying with

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 1  that office and obtain a signed receipt that the notice has

 2  been given. The Department of State shall give written notice

 3  to each statewide candidate at the time of qualifying, or

 4  immediately at the end of qualifying, that the voting

 5  equipment will be tested and advise each candidate to contact

 6  the county supervisor of elections as to the time and location

 7  of the public preelection test. The supervisor or the

 8  municipal elections official shall, at least 15 days prior to

 9  the commencement of early voting as provided in s. 101.657,

10  send written notice by certified mail to the county party

11  chair of each political party and to all candidates for other

12  than statewide office whose names appear on the ballot in the

13  county and who did not receive written notification from the

14  supervisor or municipal elections official at the time of

15  qualifying, stating the time and location of the public

16  preelection test of the automatic tabulating equipment. The

17  canvassing board shall convene, and each member of the

18  canvassing board shall certify to the accuracy of the test.

19  For the test, the canvassing board may designate one member to

20  represent it. The test shall be open to representatives of the

21  political parties, the press, and the public. Each political

22  party may designate one person with expertise in the computer

23  field who shall be allowed in the central counting room when

24  all tests are being conducted and when the official votes are

25  being counted. The designee shall not interfere with the

26  normal operation of the canvassing board.

27         Section 39.  Subsection (5) of section 101.5614,

28  Florida Statutes, is amended to read:

29         101.5614  Canvass of returns.--

30         (5)  If any absentee ballot is physically damaged so

31  that it cannot properly be counted by the automatic tabulating

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 1  equipment, a true duplicate copy shall be made of the damaged

 2  ballot in the presence of witnesses and substituted for the

 3  damaged ballot. Likewise, a duplicate ballot shall be made of

 4  an absentee ballot containing an overvoted race or a marked

 5  absentee ballot in which every race is undervoted which shall

 6  include all valid votes as determined by the canvassing board

 7  based on rules adopted by the division pursuant to s.

 8  102.166(4)(5). All duplicate ballots shall be clearly labeled

 9  "duplicate," bear a serial number which shall be recorded on

10  the defective ballot, and be counted in lieu of the defective

11  ballot. After a ballot has been duplicated, the defective

12  ballot shall be placed in an envelope provided for that

13  purpose, and the duplicate ballot shall be tallied with the

14  other ballots for that precinct.

15         Section 40.  Section 101.572, Florida Statutes, is

16  amended to read:

17         101.572  Public inspection of ballots.--The official

18  ballots and ballot cards received from election boards and

19  removed from absentee ballot mailing envelopes shall be open

20  for public inspection or examination while in the custody of

21  the supervisor of elections or the county canvassing board at

22  any reasonable time, under reasonable conditions; however, no

23  persons other than the supervisor of elections or his or her

24  employees or the county canvassing board shall handle any

25  official ballot or ballot card. If the ballots are being

26  examined prior to the end of the contest period in s. 102.168,

27  the supervisor of elections shall make a reasonable effort to

28  notify all candidates whose names appear on such ballots or

29  ballot cards by telephone or otherwise of the time and place

30  of the inspection or examination.  All such candidates, or

31  

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 1  their representatives, shall be allowed to be present during

 2  the inspection or examination.

 3         Section 41.  Section 101.58, Florida Statutes, is

 4  amended to read:

 5         101.58  Supervising and observing registration and

 6  election processes.--

 7         (1)  The Department of State may, at any time it deems

 8  fit; upon the petition of 5 percent of the registered

 9  electors; or upon the petition of any candidate, county

10  executive committee chair, state committeeman or

11  committeewoman, or state executive committee chair, appoint

12  one or more deputies whose duties shall be to observe and

13  examine the registration and election processes and the

14  condition, custody, and operation of voting systems and

15  equipment in any county or municipality. The deputy shall have

16  access to all registration books and records as well as any

17  other records or procedures relating to the voting process.

18  The deputy may supervise preparation of the voting equipment

19  and procedures for election, and it shall be unlawful for any

20  person to obstruct the deputy in the performance of his or her

21  duty. The deputy shall file with the Department of State a

22  report of his or her findings and observations of the

23  registration and election processes in the county or

24  municipality, and a copy of the report shall also be filed

25  with the clerk of the circuit court of said county. The

26  compensation of such deputies shall be fixed by the Department

27  of State; and costs incurred under this section shall be paid

28  from the annual operating appropriation made to the Department

29  of State.

30         (2)  Upon the written direction of the Secretary of

31  State, any employee of the Department of State having

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 1  expertise in the matter of concern to the Secretary of State

 2  shall have full access to all premises, records, equipment,

 3  and staff of the supervisor of elections.

 4         Section 42.  Subsection (1) of section 101.595, Florida

 5  Statutes, is amended to read:

 6         101.595  Analysis and reports of voting problems.--

 7         (1)  No later than December 15 of each general election

 8  year, the supervisor of elections in each county shall report

 9  to the Department of State the total number of overvotes and

10  undervotes in the "President and Vice President" or "Governor

11  and Lieutenant Governor" race that appears first on the ballot

12  or, if neither appears, the first race appearing on the ballot

13  pursuant to s. 101.151(2), along with the likely reasons for

14  such overvotes and undervotes and other information as may be

15  useful in evaluating the performance of the voting system and

16  identifying problems with ballot design and instructions which

17  may have contributed to voter confusion.

18         Section 43.  Section 101.6103, Florida Statutes, is

19  amended to read:

20         101.6103  Mail ballot election procedure.--

21         (1)  Except as otherwise provided in subsection (7)

22  (6), the supervisor of elections shall mail all official

23  ballots with a secrecy envelope, a return mailing envelope,

24  and instructions sufficient to describe the voting process to

25  each elector entitled to vote in the election not sooner than

26  the 20th day before the election and not later than the 10th

27  day before the date of the election.  All such ballots shall

28  be mailed by first-class mail. Ballots shall be addressed to

29  each elector at the address appearing in the registration

30  records and placed in an envelope which is prominently marked

31  "Do Not Forward."

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 1         (2)  Upon receipt of the ballot the elector shall mark

 2  the ballot, place it in the secrecy envelope, sign the return

 3  mailing envelope supplied with the ballot, and comply with the

 4  instructions provided with the ballot. The elector shall mail,

 5  deliver, or have delivered the marked ballot so that it

 6  reaches the supervisor of elections no later than 7 p.m. on

 7  the day of the election.  The ballot must be returned in the

 8  return mailing envelope.

 9         (3)  The return mailing envelope shall contain a

10  statement in substantially the following form:

11  

12                       VOTER'S CERTIFICATE

13  

14         I, (Print Name), do solemnly swear (or affirm) that I

15  am a qualified voter in this election and that I have not and

16  will not vote more than one ballot in this election.

17         I understand that failure to sign this certificate and

18  give my residence address will invalidate my ballot.

19                                               ...(Signature)...

20                                       ...(Residence Address)...

21  

22         (4)  If the ballot is destroyed, spoiled, lost, or not

23  received by the elector, the elector may obtain a replacement

24  ballot from the supervisor of elections as provided in this

25  subsection.  An elector seeking a replacement ballot shall

26  sign a sworn statement that the ballot was destroyed, spoiled,

27  lost, or not received and present such statement to the

28  supervisor of elections prior to 7 p.m. on the day of the

29  election.  The supervisor of elections shall keep a record of

30  each replacement ballot provided under this subsection.

31         (5)  A ballot shall be counted only if:

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 1         (a)  It is returned in the return mailing envelope;

 2         (b)  The elector's signature has been verified as

 3  provided in this subsection; and

 4         (c)  It is received by the supervisor of elections not

 5  later than 7 p.m. on the day of the election.

 6  

 7  The supervisor of elections shall verify the signature of each

 8  elector on the return mailing envelope with the signature on

 9  the elector's registration records.  Such verification may

10  commence at any time prior to the canvass of votes.  The

11  supervisor of elections shall safely keep the ballot unopened

12  in his or her office until the county canvassing board

13  canvasses the vote.  If the supervisor of elections determines

14  that an elector to whom a replacement ballot has been issued

15  under subsection (4) has voted more than once, the canvassing

16  board shall determine which ballot, if any, is to be counted.

17         (6)  The canvassing board may begin the canvassing of

18  mail ballots at 7 a.m. on the fourth day before the election,

19  including processing the ballots through the tabulating

20  equipment. However, results may not be released until after 7

21  p.m. on election day. Any canvassing board member or election

22  employee who releases any result before 7 p.m. on election day

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

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

25         (7)(6)  With respect to absent electors overseas

26  entitled to vote in the election, the supervisor of elections

27  shall mail an official ballot with a secrecy envelope, a

28  return mailing envelope, and instructions sufficient to

29  describe the voting process to each such elector on a date

30  sufficient to allow such elector time to vote in the election

31  

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 1  and to have his or her marked ballot reach the supervisor by 7

 2  p.m. on the day of the election.

 3         (8)  Effective July 1, 2005, a ballot that otherwise

 4  satisfies the requirements of subsection (5) shall be counted

 5  even if the elector dies after mailing the ballot but before

 6  election day, as long as, prior to the death of the voter, the

 7  ballot was:

 8         (a)  Postmarked by the United States Postal Service;

 9         (b)  Date-stamped with a verifiable tracking number by

10  common carrier; or

11         (c)  Already in the possession of the supervisor of

12  elections.

13         Section 44.  Section 101.62, Florida Statutes, is

14  amended to read:

15         101.62  Request for absentee ballots.--

16         (1)(a)  The supervisor may accept a request for an

17  absentee ballot from an elector in person or in writing.

18  Except as provided in s. 101.694, one request shall be deemed

19  sufficient to receive an absentee ballot for all elections

20  which are held within a calendar year, unless the elector or

21  the elector's designee indicates at the time the request is

22  made the elections for which the elector desires to receive an

23  absentee ballot. Such request may be considered canceled when

24  any first-class mail sent by the supervisor to the elector is

25  returned as undeliverable.

26         (b)  The supervisor may accept a written or telephonic

27  request for an absentee ballot from the elector, or, if

28  directly instructed by the elector, a member of the elector's

29  immediate family, or the elector's legal guardian. For

30  purposes of this section, the term "immediate family" has the

31  

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 1  same meaning as specified in paragraph (4)(b).  The person

 2  making the request must disclose:

 3         1.  The name of the elector for whom the ballot is

 4  requested;

 5         2.  The elector's address;

 6         3.  The elector's date of birth;

 7         4.  The requester's name;

 8         5.  The requester's address;

 9         6.  The requester's driver's license number, if

10  available;

11         7.  The requester's relationship to the elector; and

12         8.  The requester's signature (written requests only).

13         (2)  If A request for an absentee ballot to be mailed

14  to a voter must be is received no later than 5 p.m. on the

15  sixth day after the Friday before the election by the

16  supervisor of elections from an absent elector overseas, the

17  supervisor shall send a notice to the elector acknowledging

18  receipt of his or her request and notifying the elector that

19  the ballot will not be forwarded due to insufficient time for

20  return of the ballot by the required deadline. The supervisor

21  of elections shall mail absentee ballots to voters requesting

22  ballots by such deadline no later than 4 days before the

23  election.

24         (3)  For each request for an absentee ballot received,

25  the supervisor shall record the date the request was made, the

26  date the absentee ballot was delivered to the voter or the

27  voter's designee or the date the absentee ballot was delivered

28  to the post office or other carrier or mailed, the date the

29  ballot was received by the supervisor, and such other

30  information he or she may deem necessary. This information

31  shall be provided in electronic format as provided by rule

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 1  adopted by the division. The information shall be updated and

 2  made available no later than noon of each day and shall be

 3  contemporaneously provided to the division. This information

 4  shall be confidential and exempt from the provisions of s.

 5  119.07(1) and shall be made available to or reproduced only

 6  for the voter requesting the ballot, a canvassing board, an

 7  election official, a political party or official thereof, a

 8  candidate who has filed qualification papers and is opposed in

 9  an upcoming election, and registered political committees or

10  registered committees of continuous existence, for political

11  purposes only.

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

13  has requested an absentee ballot, the supervisor of elections

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

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

16  before the second primary and general election, the supervisor

17  of elections shall mail an absentee ballot. If the regular

18  absentee ballots are not available, the supervisor shall mail

19  an advance absentee ballot to those persons requesting ballots

20  for such elections.  The advance absentee ballot for the

21  second primary shall be the same as the first primary absentee

22  ballot as to the names of candidates, except that for any

23  offices where there are only two candidates, those offices and

24  all political party executive committee offices shall be

25  omitted.  Except as provided in ss. 99.063(4) and 100.371(8)

26  100.371(6), the advance absentee ballot for the general

27  election shall be as specified in s. 101.151, except that in

28  the case of candidates of political parties where nominations

29  were not made in the first primary, the names of the

30  candidates placing first and second in the first primary

31  election shall be printed on the advance absentee ballot. The

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 1  advance absentee ballot or advance absentee ballot information

 2  booklet shall be of a different color for each election and

 3  also a different color from the absentee ballots for the first

 4  primary, second primary, and general election. The supervisor

 5  shall mail an advance absentee ballot for the second primary

 6  and general election to each qualified absent elector for whom

 7  a request is received until the absentee ballots are printed.

 8  The supervisor shall enclose with the advance second primary

 9  absentee ballot and advance general election absentee ballot

10  an explanation stating that the absentee ballot for the

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

12  the advance absentee ballot and the absentee ballot for the

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

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

15  by rule the requirements for preparing and mailing absentee

16  ballots to absent qualified electors overseas.

17         (b)  As soon as the remainder of the absentee ballots

18  are printed, the supervisor shall provide an absentee ballot

19  to each elector by whom a request for that ballot has been

20  made by one of the following means:

21         1.  By nonforwardable, return-if-undeliverable mail to

22  the elector's current mailing address on file with the

23  supervisor, unless the elector specifies in the request that:

24         a.  The elector is absent from the county and does not

25  plan to return before the day of the election;

26         b.  The elector is temporarily unable to occupy the

27  residence because of hurricane, tornado, flood, fire, or other

28  emergency or natural disaster; or

29         c.  The elector is in a hospital, assisted-living

30  facility, nursing home, short-term medical or rehabilitation

31  facility, or correctional facility,

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 1  

 2  in which case the supervisor shall mail the ballot by

 3  nonforwardable, return-if-undeliverable mail to any other

 4  address the elector specifies in the request.

 5         2.  By forwardable mail to voters who are entitled to

 6  vote by absentee ballot under the Uniformed and Overseas

 7  Citizens Absentee Voting Act.

 8         3.  By personal delivery before 7 p.m. on election day

 9  to the elector, upon presentation of the identification

10  required in s. 101.657.

11         4.  By delivery to a designee on election day or up to

12  4 days prior to the day of an election. Any elector may

13  designate in writing a person to pick up the ballot for the

14  elector; however, the person designated may not pick up more

15  than two absentee ballots per election, other than the

16  designee's own ballot, except that additional ballots may be

17  picked up for members of the designee's immediate family.  For

18  purposes of this section, "immediate family" means the

19  designee's spouse or the parent, child, grandparent, or

20  sibling of the designee or of the designee's spouse.  The

21  designee shall provide to the supervisor the written

22  authorization by the elector and a picture identification of

23  the designee and must complete an affidavit.  The designee

24  shall state in the affidavit that the designee is authorized

25  by the elector to pick up that ballot and shall indicate if

26  the elector is a member of the designee's immediate family

27  and, if so, the relationship.  The department shall prescribe

28  the form of the affidavit. If the supervisor is satisfied that

29  the designee is authorized to pick up the ballot and that the

30  signature of the elector on the written authorization matches

31  

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 1  the signature of the elector on file, the supervisor shall

 2  give the ballot to that designee for delivery to the elector.

 3         (5)  In the event that the Elections Canvassing

 4  Commission is unable to certify the results of an election for

 5  a state office in time to comply with subsection (4), the

 6  Department of State is authorized to prescribe rules for a

 7  ballot to be sent to absent electors overseas.

 8         (6)  Nothing other than the materials necessary to vote

 9  absentee shall be mailed or delivered with any absentee

10  ballot.

11         Section 45.  Section 101.64, Florida Statutes, is

12  amended to read:

13         101.64  Delivery of absentee ballots; envelopes;

14  form.--

15         (1)  The supervisor shall enclose with each absentee

16  ballot two envelopes: a secrecy envelope, into which the

17  absent elector shall enclose his or her marked ballot; and a

18  mailing envelope, into which the absent elector shall then

19  place the secrecy envelope, which shall be addressed to the

20  supervisor and also bear on the back side a certificate in

21  substantially the following form:

22  

23         Note: Please Read Instructions Carefully Before

24        Marking Ballot and Completing Voter's Certificate.

25  

26                       VOTER'S CERTIFICATE

27         I, ...., do solemnly swear or affirm that I am a

28  qualified and registered voter of .... County, Florida, and

29  that I have not and will not vote more than one ballot in this

30  election. I understand that if I commit or attempt to commit

31  any fraud in connection with voting, vote a fraudulent ballot,

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 1  or vote more than once in an election, I can be convicted of a

 2  felony of the third degree and fined up to $5,000 and/or

 3  imprisoned for up to 5 years. I also understand that failure

 4  to sign this certificate will invalidate my ballot.

 5  

 6  ...(Date)...                         ...(Voter's Signature)...

 7  

 8         (2)  The certificate shall be arranged on the back of

 9  the mailing envelope so that the line for the signature of the

10  absent elector is across the seal of the envelope; however, no

11  statement shall appear on the envelope which indicates that a

12  signature of the voter must cross the seal of the envelope.

13  The absent elector shall execute the certificate on the

14  envelope.

15         (3)  In lieu of the voter's certificate provided in

16  this section, the supervisor of elections shall provide each

17  person voting absentee under the Uniformed and Overseas

18  Citizens Absentee Voting Act with the standard oath prescribed

19  by the presidential designee.

20         Section 46.  Subsection (1) of section 101.657, Florida

21  Statutes, is amended, present subsection (2) of that section

22  is renumbered as subsection (4), and new subsections (2) and

23  (3) are added to that section, to read:

24         101.657  Early voting.--

25         (1)(a)  As a convenience to the voter, the supervisor

26  of elections shall allow an elector to vote early in the main

27  or branch office of the supervisor by depositing the voted

28  ballot in a voting device used by the supervisor to collect or

29  tabulate ballots. In order for a branch office to be used for

30  early voting, it shall be a permanent full-service facility of

31  the supervisor and shall have been designated and used as such

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 1  for at least 1 year prior to the election. The supervisor may

 2  also designate any city hall or permanent public library

 3  facility as early voting sites; however, if so designated, the

 4  sites must be geographically located so as to provide all

 5  voters in the county an equal opportunity to cast a ballot,

 6  insofar as is practicable. The results or tabulation of votes

 7  cast during early voting may not be made before the close of

 8  the polls on election day. Results shall be reported by

 9  precinct.

10         (b)  The supervisor shall designate each early voting

11  site by no later than the 30th day prior to an election and

12  shall designate an early voting area, as defined in s. 97.021,

13  at each early voting site. Designation of early voting sites

14  may not be changed except by petition to the division, which

15  petition shall only be granted for reasons of a natural or

16  unavoidable event resulting in the unavailability of such

17  early voting site.

18         (c)  All early voting sites in a county shall be open

19  on the same days for the same amount of time and shall allow

20  any person in line at the closing of an early voting site to

21  vote.

22         (d)(b)  Early voting shall begin on the 15th day before

23  an election and end on the day before an election. For

24  purposes of a special election held pursuant to s. 100.101,

25  early voting shall begin on the 8th day before an election and

26  end on the day before an election. Early voting shall be

27  provided for at least 8 hours per weekday during the

28  applicable periods. Early voting shall also be provided for 8

29  hours in the aggregate for each weekend during the applicable

30  periods.

31  

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 1         (e)  Notwithstanding the requirements of s. 100.3605,

 2  municipalities may provide early voting in municipal elections

 3  that are not held in conjunction with county or state

 4  elections. If a municipality provides early voting, it may

 5  designate as many sites as necessary and shall conduct its

 6  activities in accordance with the provisions of paragraphs

 7  (a)-(c). The supervisor is not required to conduct early

 8  voting if it is provided pursuant to this subsection.

 9         (f)  Notwithstanding the requirements of s. 189.405,

10  special districts may provide early voting in any district

11  election not held in conjunction with county or state

12  elections. If a special district provides early voting, it may

13  designate as many sites as necessary and shall conduct its

14  activities in accordance with the provisions of paragraphs

15  (a)-(c). The supervisor is not required to conduct early

16  voting if it is provided pursuant to this subsection.

17         (2)  During any early voting period, each supervisor of

18  elections shall make available the total number of voters

19  casting a ballot at each early voting location during the

20  previous day. Each supervisor shall prepare an electronic data

21  file listing the individual voters who cast a ballot during

22  the early voting period. This information shall be provided in

23  electronic format as provided by rule adopted by the division.

24  The information shall be updated and made available no later

25  than noon of each day and shall be contemporaneously provided

26  to the division.

27         (3)  The ballot of each elector voting early shall be

28  counted even if the elector dies on or before election day.

29         Section 47.  Subsection (2) of section 101.663, Florida

30  Statutes, is amended to read:

31         101.663  Electors; change of residence.--

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 1         (2)  An elector registered in this state who moves his

 2  or her permanent residence to another state after the

 3  registration books in that state have closed and who is

 4  prohibited by the laws of that state from voting for the

 5  offices of President and Vice President of the United States

 6  shall be permitted to vote absentee in the county of his or

 7  her former residence for the offices of President and Vice

 8  President of the United States those offices.

 9         Section 48.  Subsection (1) and paragraph (c) of

10  subsection (2) of section 101.68, Florida Statutes, are

11  amended to read:

12         101.68  Canvassing of absentee ballot.--

13         (1)  The supervisor of the county where the absent

14  elector resides shall receive the voted ballot, at which time

15  the supervisor shall compare the signature of the elector on

16  the voter's certificate with the signature of the elector in

17  the registration books to determine whether the elector is

18  duly registered in the county and may record on the elector's

19  registration certificate that the elector has voted. However,

20  effective July 1, 2005, an elector who dies after casting an

21  absentee ballot but on or before election day shall remain

22  listed in the registration books until the results have been

23  certified for the election in which the ballot was cast. The

24  supervisor shall safely keep the ballot unopened in his or her

25  office until the county canvassing board canvasses the vote.

26  After an absentee ballot is received by the supervisor, the

27  ballot is deemed to have been cast, and changes or additions

28  may not be made to the voter's certificate.

29         (2)

30         (c)1.  The canvassing board shall, if the supervisor

31  has not already done so, compare the signature of the elector

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 1  on the voter's certificate with the signature of the elector

 2  in the registration books to see that the elector is duly

 3  registered in the county and to determine the legality of that

 4  absentee ballot. Effective July 1, 2005, the ballot of an

 5  elector who casts an absentee ballot shall be counted even if

 6  the elector dies on or before election day, as long as, prior

 7  to the death of the voter, the ballot was postmarked by the

 8  United States Postal Service, date-stamped with a verifiable

 9  tracking number by common carrier, or already in the

10  possession of the supervisor of elections. An absentee ballot

11  shall be considered illegal if it does not include the

12  signature of the elector, as shown by the registration

13  records. However, an absentee ballot shall not be considered

14  illegal if the signature of the elector does not cross the

15  seal of the mailing envelope. If the canvassing board

16  determines that any ballot is illegal, a member of the board

17  shall, without opening the envelope, mark across the face of

18  the envelope: "rejected as illegal." The envelope and the

19  ballot contained therein shall be preserved in the manner that

20  official ballots voted are preserved.

21         2.  If any elector or candidate present believes that

22  an absentee ballot is illegal due to a defect apparent on the

23  voter's certificate, he or she may, at any time before the

24  ballot is removed from the envelope, file with the canvassing

25  board a protest against the canvass of that ballot, specifying

26  the precinct, the ballot, and the reason he or she believes

27  the ballot to be illegal. A challenge based upon a defect in

28  the voter's certificate may not be accepted after the ballot

29  has been removed from the mailing envelope.

30         Section 49.  Section 101.69, Florida Statutes, is

31  amended to read:

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 1         101.69  Voting in person; return of absentee

 2  ballot.--The provisions of this code shall not be construed to

 3  prohibit any elector from voting in person at the elector's

 4  precinct on the day of an election or at an early voting site,

 5  notwithstanding that the elector has requested an absentee

 6  ballot for that election. An elector who has returned a voted

 7  absentee ballot to the supervisor, however, is deemed to have

 8  cast his or her ballot and is not entitled to vote another

 9  ballot or to have a provisional ballot counted by the county

10  canvassing board. An elector who has received an absentee

11  ballot and has not returned the voted ballot to the

12  supervisor, but desires to vote in person, shall return the

13  ballot, whether voted or not, to the election board in the

14  elector's precinct or to an early voting site. The returned

15  ballot shall be marked "canceled" by the board and placed with

16  other canceled ballots. However, if the elector does not

17  return the ballot and the election official:

18         (1)  Confirms that the supervisor has received the

19  elector's absentee ballot, the elector shall not be allowed to

20  vote in person. If the elector maintains that he or she has

21  not returned the absentee ballot or remains eligible to vote,

22  the elector shall be provided a provisional ballot as provided

23  in s. 101.048.

24         (2)  Confirms that the supervisor has not received the

25  elector's absentee ballot, the elector shall be allowed to

26  vote in person as provided in this code. The elector's

27  absentee ballot, if subsequently received, shall not be

28  counted and shall remain in the mailing envelope, and the

29  envelope shall be marked "Rejected as Illegal."

30  

31  

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 1         (3)  Cannot determine whether the supervisor has

 2  received the elector's absentee ballot, the elector may vote a

 3  provisional ballot as provided in s. 101.048.

 4         Section 50.  Section 101.6923, Florida Statutes, is

 5  amended to read:

 6         101.6923  Special absentee ballot instructions for

 7  certain first-time voters.--

 8         (1)  The provisions of this section apply to voters who

 9  registered to vote by mail, who have not previously voted in

10  the county, and who have not provided the identification or

11  information required by s. 97.0535 by the time the absentee

12  ballot is mailed.

13         (2)  A voter covered by this section shall be provided

14  with the following printed instructions with his or her

15  absentee ballot in substantially the following form:

16  

17         READ THESE INSTRUCTIONS CAREFULLY BEFORE

18         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

19         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

20         COUNT.

21  

22         1.  In order to ensure that your absentee ballot will

23  be counted, it should be completed and returned as soon as

24  possible so that it can reach the supervisor of elections of

25  the county in which your precinct is located no later than 7

26  p.m. on the date of the election.

27         2.  Mark your ballot in secret as instructed on the

28  ballot. You must mark your own ballot unless you are unable to

29  do so because of blindness, disability, or inability to read

30  or write.

31  

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 1         3.  Mark only the number of candidates or issue choices

 2  for a race as indicated on the ballot. If you are allowed to

 3  "Vote for One" candidate and you vote for more than one, your

 4  vote in that race will not be counted.

 5         4.  Place your marked ballot in the enclosed secrecy

 6  envelope and seal the envelope.

 7         5.  Insert the secrecy envelope into the enclosed

 8  envelope bearing the Voter's Certificate. Seal the envelope

 9  and completely fill out the Voter's Certificate on the back of

10  the envelope.

11         a.  You must sign your name on the line above (Voter's

12  Signature).

13         b.  If you are an overseas voter, you must include the

14  date you signed the Voter's Certificate on the line above

15  (Date) or your ballot may not be counted.

16         6.  Unless you meet one of the exemptions in Item 7.,

17  you must make a copy of one of the following forms of

18  identification:

19         a.  Identification which must include your name and

20  photograph: current and valid Florida driver's license;

21  Florida identification card issued by the Department of

22  Highway Safety and Motor Vehicles; United States passport;

23  employee badge or identification; buyer's club identification

24  card; debit or credit card; military identification; student

25  identification; retirement center identification; neighborhood

26  association identification; entertainment identification; or

27  public assistance identification; or

28         b.  Identification which shows your name and current

29  residence address: current utility bill, bank statement,

30  government check, paycheck, or government document (excluding

31  voter identification card).

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 1         7.  The identification requirements of Item 6. do not

 2  apply if you meet one of the following requirements:

 3         a.  You are 65 years of age or older.

 4         b.  You have a temporary or permanent physical

 5  disability.

 6         c.  You are a member of a uniformed service on active

 7  duty who, by reason of such active duty, will be absent from

 8  the county on election day.

 9         d.  You are a member of the Merchant Marine who, by

10  reason of service in the Merchant Marine, will be absent from

11  the county on election day.

12         e.  You are the spouse or dependent of a member

13  referred to in paragraph c. or paragraph d. who, by reason of

14  the active duty or service of the member, will be absent from

15  the county on election day.

16         f.  You are currently residing outside the United

17  States.

18         8.  Place the envelope bearing the Voter's Certificate

19  into the mailing envelope addressed to the supervisor. Insert

20  a copy of your identification in the mailing envelope. DO NOT

21  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

22  BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S

23  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

24         9.  Mail, deliver, or have delivered the completed

25  mailing envelope. Be sure there is sufficient postage if

26  mailed.

27         10.  FELONY NOTICE. It is a felony under Florida law to

28  accept any gift, payment, or gratuity in exchange for your

29  vote for a candidate. It is also a felony under Florida law to

30  vote in an election using a false identity or false address,

31  

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 1  or under any other circumstances making your ballot false or

 2  fraudulent.

 3         Section 51.  Subsection (3) of section 101.694, Florida

 4  Statutes, is amended to read:

 5         101.694  Mailing of ballots upon receipt of federal

 6  postcard application.--

 7         (3)  Absentee envelopes printed for voters entitled to

 8  vote absentee under the Uniformed and Overseas Citizens

 9  Absentee Voting Act shall meet the specifications as

10  determined by the Federal Voting Assistance Program of the

11  United States Department of Defense and the United States

12  Postal Service. There shall be printed across the face of each

13  envelope in which a ballot is sent to a federal postcard

14  applicant, or is returned by such applicant to the supervisor,

15  two parallel horizontal red bars, each one-quarter inch wide,

16  extending from one side of the envelope to the other side,

17  with an intervening space of one-quarter inch, the top bar to

18  be 1 1/4  inches from the top of the envelope, and with the

19  words "Official Election Balloting Material-via Air Mail," or

20  similar language, between the bars. There shall be printed in

21  the upper right corner of each such envelope, in a box, the

22  words "Free of U. S. Postage, including Air Mail." All

23  printing on the face of each envelope shall be in red, and

24  there shall be printed in red in the upper left corner of each

25  ballot envelope an appropriate inscription or blanks for

26  return address of sender.  Additional specifications may be

27  prescribed by rule of the Division of Elections upon

28  recommendation of the presidential designee under the

29  Uniformed and Overseas Citizens Absentee Voting Act.

30  Otherwise, the envelopes shall be the same as those used in

31  

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 1  sending ballots to, or receiving them from, other absentee

 2  voters.

 3         Section 52.  Section 101.697, Florida Statutes, is

 4  amended to read:

 5         101.697  Electronic transmission of election

 6  materials.--The Department of State shall determine whether

 7  secure electronic means can be established for receiving

 8  ballots from overseas voters. If such security can be

 9  established, the department shall adopt rules to authorize a

10  supervisor of elections to accept from an overseas voter a

11  request for an absentee ballot or and a voted absentee ballot

12  by secure facsimile machine transmission or other secure

13  electronic means from overseas voters. The rules must provide

14  that in order to accept a voted ballot, the verification of

15  the voter must be established, the security of the

16  transmission must be established, and each ballot received

17  must be recorded.

18         Section 53.  Section 102.012, Florida Statutes, is

19  amended to read:

20         102.012  Inspectors and clerks to conduct elections.--

21         (1)  The supervisor of elections of each county, at

22  least 20 days prior to the holding of any election, shall

23  appoint an election board comprised of poll workers who serve

24  as clerks or inspectors two election boards for each precinct

25  in the county; however, the supervisor of elections may, in

26  any election, appoint one election board if the supervisor has

27  reason to believe that only one is necessary. The clerk shall

28  be in charge of, and responsible for, seeing that the election

29  board carries out its duties and responsibilities. Each

30  inspector and each clerk shall take and subscribe to an oath

31  or affirmation, which shall be written or printed, to the

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 1  effect that he or she will perform the duties of inspector or

 2  clerk of election, respectively, according to law and will

 3  endeavor to prevent all fraud, deceit, or abuse in conducting

 4  the election. The oath may be taken before an officer

 5  authorized to administer oaths or before any of the persons

 6  who are to act as inspectors, one of them to swear the others,

 7  and one of the others sworn thus, in turn, to administer the

 8  oath to the one who has not been sworn.  The oaths shall be

 9  returned with the poll list and the returns of the election to

10  the supervisor. In all questions that may arise before the

11  members of an election board, the decision of a majority of

12  them shall decide the question.  The supervisor of elections

13  of each county shall be responsible for the attendance and

14  diligent performance of his or her duties by each clerk and

15  inspector.

16         (2)  Each member of the election board shall be able to

17  read and write the English language and shall be a registered

18  qualified elector of the county in which the member is

19  appointed or a person who has preregistered to vote, pursuant

20  to s. 97.041(1)(b), in the county in which the member is

21  appointed. No election board shall be composed solely of

22  members of one political party; however, in any primary in

23  which only one party has candidates appearing on the ballot,

24  all clerks and inspectors may be of that party. Any person

25  whose name appears as an opposed candidate for any office

26  shall not be eligible to serve on an election board.

27         (3)  The supervisor shall furnish inspectors of

28  election for each precinct with the list of registered voters

29  for the precinct registration books divided alphabetically as

30  will best facilitate the holding of an election. The

31  supervisor shall also furnish to the inspectors of election at

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 1  the polling place at each precinct in the supervisor's county

 2  a sufficient number of forms and blanks for use on election

 3  day.

 4         (4)(a)  The election board of each precinct shall

 5  attend the polling place by 6 a.m. of the day of the election

 6  and shall arrange the furniture, stationery, and voting

 7  equipment.

 8         (b)  The An election board shall conduct the voting,

 9  beginning and closing at the time set forth in s. 100.011. If

10  more than one board has been appointed, the second board

11  shall, upon the closing of the polls, come on duty and count

12  the votes cast. In such case, the first board shall turn over

13  to the second board all closed ballot boxes, registration

14  books, and other records of the election at the time the

15  boards change.  The second board shall continue counting until

16  the count is complete or until 7 a.m. the next morning, and,

17  if the count is not completed at that time, the first board

18  that conducted the election shall again report for duty and

19  complete the count. The second board shall turn over to the

20  first board all ballots counted, all ballots not counted, and

21  all registration books and other records and shall advise the

22  first board as to what has transpired in tabulating the

23  results of the election.

24         (5)  In precincts in which there are more than 1,000

25  registered electors, the supervisor of elections shall appoint

26  additional election boards necessary for the election.

27         (6)  In any precinct in which there are fewer than 300

28  registered electors, it is not necessary to appoint two

29  election boards, but one such board will suffice. Such board

30  shall be composed of at least one inspector and one clerk.

31  

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 1         Section 54.  Subsections (1), (2), (3), and (5) of

 2  section 102.014, Florida Statutes, is amended to read:

 3         102.014  Poll worker recruitment and training.--

 4         (1)  The supervisor of elections shall conduct training

 5  for inspectors, clerks, and deputy sheriffs prior to each

 6  primary, general, and special election for the purpose of

 7  instructing such persons in their duties and responsibilities

 8  as election officials. The Division of Elections shall develop

 9  a statewide uniform training curriculum for poll workers, and

10  each supervisor shall use such curriculum in training poll

11  workers. A certificate may be issued by the supervisor of

12  elections to each person completing such training. No person

13  shall serve as an inspector, clerk, or deputy sheriff for an

14  election unless such person has completed the training as

15  required. A clerk may not work at the polls unless he or she

16  demonstrates a working knowledge of the laws and procedures

17  relating to voter registration, voting system operation,

18  balloting and polling place procedures, and problem-solving

19  and conflict-resolution skills.

20         (2)  A person who has attended previous training

21  conducted within 2 years before the election may be appointed

22  by the supervisor to fill a vacancy on an election board day.

23  If no person with prior training is available to fill such

24  vacancy, the supervisor of elections may fill such vacancy in

25  accordance with the provisions of subsection (3) from among

26  persons who have not received the training required by this

27  section.

28         (3)  In the case of absence or refusal to act on the

29  part of any inspector or clerk at any precinct on the day of

30  an election, the supervisor shall appoint a replacement who

31  meets the qualifications prescribed in s. 102.012(2).  The

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 1  inspector or clerk so appointed shall be a member of the same

 2  political party as the clerk or inspector whom he or she

 3  replaces.

 4         (5)  The Department of State shall create a uniform

 5  polling place procedures manual and adopt the manual by rule.

 6  Each supervisor of elections shall ensure that the manual is

 7  available in hard copy or electronic form in every polling

 8  place precinct in the supervisor's jurisdiction on election

 9  day. The manual shall guide inspectors, clerks, and deputy

10  sheriffs in the proper implementation of election procedures

11  and laws. The manual shall be indexed by subject, and written

12  in plain, clear, unambiguous language. The manual shall

13  provide specific examples of common problems encountered at

14  the polls on election day, and detail specific procedures for

15  resolving those problems. The manual shall include, without

16  limitation:

17         (a)  Regulations governing solicitation by individuals

18  and groups at the polling place;

19         (b)  Procedures to be followed with respect to voters

20  whose names are not on the precinct register;

21         (c)  Proper operation of the voting system;

22         (d)  Ballot handling procedures;

23         (e)  Procedures governing spoiled ballots;

24         (f)  Procedures to be followed after the polls close;

25         (g)  Rights of voters at the polls;

26         (h)  Procedures for handling emergency situations;

27         (i)  Procedures for dealing with irate voters;

28         (j)  The handling and processing of provisional

29  ballots; and

30         (k)  Security procedures.

31  

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 1  The Department of State shall revise the manual as necessary

 2  to address new procedures in law or problems encountered by

 3  voters and poll workers at the precincts.

 4         Section 55.  Section 102.031, Florida Statutes, is

 5  amended to read:

 6         102.031  Maintenance of good order at polls;

 7  authorities; persons allowed in polling rooms and early voting

 8  areas; unlawful solicitation of voters.--

 9         (1)  Each election board shall possess full authority

10  to maintain order at the polls and enforce obedience to its

11  lawful commands during an election and the canvass of the

12  votes.

13         (2)  The sheriff shall deputize a deputy sheriff for

14  each polling place and each early voting site who shall be

15  present during the time the polls or early voting sites are

16  open and until the election is completed, who shall be subject

17  to all lawful commands of the clerk or inspectors, and who

18  shall maintain good order. The deputy may summon assistance

19  from among bystanders to aid him or her when necessary to

20  maintain peace and order at the polls or early voting sites.

21         (3)(a)  No person may enter any polling room or polling

22  place where the polling place is also a polling room, or any

23  early voting area during voting hours except the following:

24         1.  Official poll watchers;

25         2.  Inspectors;

26         3.  Election clerks;

27         4.  The supervisor of elections or his or her deputy;

28         5.  Persons there to vote, persons in the care of a

29  voter, or persons caring for such voter;

30  

31  

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 1         6.  Law enforcement officers or emergency service

 2  personnel there with permission of the clerk or a majority of

 3  the inspectors; or

 4         7.  A person, whether or not a registered voter, who is

 5  assisting with or participating in a simulated election for

 6  minors, as approved by the supervisor of elections.

 7         (b)  The restriction in this subsection does not apply

 8  where the polling room is in an area commonly traversed by the

 9  public in order to gain access to businesses or homes or in an

10  area traditionally utilized as a public area for discussion.

11         (4)(a)(c)  No person, political committee, committee of

12  continuous existence, or other group or organization may

13  solicit voters inside the polling place or within 100 50 feet

14  of the entrance to any polling place, or polling room where

15  the polling place is also a polling room, or early voting

16  site. Before the opening of the polling place or early voting

17  site, the clerk or supervisor shall designate the

18  no-solicitation zone and mark the boundaries. on the day of

19  any election.

20         1.  Solicitation shall not be restricted if:

21         a.  Conducted from a separately marked area within the

22  50-foot zone so as not to disturb, hinder, impede, obstruct,

23  or interfere with voter access to the polling place or polling

24  room entrance; and

25         b.  The solicitation activities and subject matter are

26  clearly and easily identifiable by the voters as an activity

27  in which they may voluntarily participate; or

28         c.  Conducted on property within the 50-foot zone which

29  is a residence, established business, private property,

30  sidewalk, park, or property traditionally utilized as a public

31  area for discussion.

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 1         2.  Solicitation shall not be permitted within the

 2  50-foot zone on a public sidewalk or other similar means of

 3  access to the polling room if it is clearly identifiable to

 4  the poll workers that the solicitation is impeding,

 5  obstructing, or interfering with voter access to the polling

 6  room or polling place.

 7         (b)(d)  For the purpose of this subsection, the term

 8  "solicit" shall include, but not be limited to, seeking or

 9  attempting to seek any vote, fact, opinion, or contribution;

10  distributing or attempting to distribute any political or

11  campaign material, leaflet, or handout; conducting a poll;

12  seeking or attempting to seek a signature on any petition; and

13  selling or attempting to sell any item.

14         (c)(e)  Each supervisor of elections shall inform the

15  clerk of each precinct of the area within which soliciting is

16  unlawful, based on the particular characteristics of that

17  polling place. The supervisor or the clerk may take any

18  reasonable action necessary to ensure order at the polling

19  places, including, but not limited to, which shall include:

20         1.  Designating a specific area for soliciting pursuant

21  to paragraph (c) of this subsection, or

22         2.  having disruptive and unruly persons removed by law

23  enforcement officers from the polling room or place or from

24  the 100-foot 50-foot zone surrounding the polling place.

25         (5)  No photography is permitted in the polling room or

26  early voting area.

27         Section 56.  Section 102.071, Florida Statutes, is

28  amended to read:

29         102.071  Tabulation of votes and proclamation of

30  results where ballots are used.--The election board shall post

31  at the polls, for the benefit of the public, the results of

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 1  the voting for each office or other item on the ballot as the

 2  count is completed. Upon completion of all counts in all

 3  races, a certificate triplicate certificates of the results

 4  shall be drawn up by the inspectors and clerk at each precinct

 5  upon a form provided by the supervisor of elections which

 6  shall contain the name of each person voted for, for each

 7  office, and the number of votes cast for each person for such

 8  office; and, if any question is submitted, the certificate

 9  shall also contain the number of votes cast for and against

10  the question. The certificate shall be signed by the

11  inspectors and clerk, and one of the certificates shall be

12  delivered without delay by one of the inspectors, securely

13  sealed, to the supervisor for immediate publication; the

14  duplicate copy of the certificate shall be delivered to the

15  county court judge; and the remaining copy shall be enclosed

16  in the ballot box together with the oaths of inspectors and

17  clerks. All the ballot boxes, ballots, ballot stubs,

18  memoranda, and papers of all kinds used in the election shall

19  also be transmitted, after being sealed by the inspectors, to

20  with the certificates of result of the election to be filed in

21  the supervisor's office. Registration books and the poll lists

22  shall not be placed in the ballot boxes but shall be returned

23  to the supervisor.

24         Section 57.  Section 102.111, Florida Statutes, is

25  amended to read:

26         102.111  Elections Canvassing Commission.--

27         (1)  The Elections Canvassing Commission shall consist

28  of the Governor and two members of the Cabinet selected by the

29  Governor. If a member of the Elections Canvassing Commission

30  is unable to serve for any reason, the Governor shall appoint

31  a remaining member of the Cabinet. If there is a further

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 1  vacancy, the remaining members of the commission shall agree

 2  on another elected official to fill the vacancy. The Elections

 3  Canvassing Commission shall, as soon as the official results

 4  are compiled from all counties, certify the returns of the

 5  election and determine and declare who has been elected for

 6  each federal, state, and multicounty office. If a member of a

 7  county canvassing board that was constituted pursuant to s.

 8  102.141 determines, within 5 days after the certification by

 9  the Elections Canvassing Commission, that a typographical

10  error occurred in the official returns of the county, the

11  correction of which could result in a change in the outcome of

12  an election, the county canvassing board must certify

13  corrected returns to the Department of State within 24 hours,

14  and the Elections Canvassing Commission must correct and

15  recertify the election returns as soon as practicable.

16         (2)  The Division of Elections shall provide the staff

17  services required by the Elections Canvassing Commission.

18         Section 58.  Section 102.112, Florida Statutes, is

19  amended to read:

20         102.112  Deadline for submission of county returns to

21  the Department of State.--

22         (1)  The county canvassing board or a majority thereof

23  shall file the county returns for the election of a federal or

24  state officer with the Department of State immediately after

25  certification of the election results. The returns must

26  contain a certification by the canvassing board that the board

27  has reconciled the number of persons who voted with the number

28  of ballots counted and that the certification includes all

29  valid votes cast in the election.

30         (2)  Returns must be filed by 5 p.m. on the 7th day

31  following a primary election and by 5 p.m. on the 11th day

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 1  following the general election.  However, the Department of

 2  State may correct typographical errors, including the

 3  transposition of numbers, in any returns submitted to the

 4  Department of State pursuant to s. 102.111(1).

 5         (3)  If the returns are not received by the department

 6  by the time specified, such returns shall be ignored and the

 7  results on file at that time shall be certified by the

 8  department.

 9         (4)  If the returns are not received by the department

10  due to an emergency, as defined in s. 101.732, the Elections

11  Canvassing Commission shall determine the deadline by which

12  the returns must be received.

13         Section 59.  Section 102.141, Florida Statutes, is

14  amended to read:

15         102.141  County canvassing board; duties.--

16         (1)  The county canvassing board shall be composed of

17  the supervisor of elections; a county court judge, who shall

18  act as chair; and the chair of the board of county

19  commissioners. In the event any member of the county

20  canvassing board is unable to serve, is a candidate who has

21  opposition in the election being canvassed, or is an active

22  participant in the campaign or candidacy of any candidate who

23  has opposition in the election being canvassed, such member

24  shall be replaced as follows:

25         (a)  If no county court judge is able to serve or if

26  all are disqualified, the chief judge of the judicial circuit

27  in which the county is located shall appoint as a substitute

28  member a qualified elector of the county who is not a

29  candidate with opposition in the election being canvassed and

30  who is not an active participant in the campaign or candidacy

31  of any candidate with opposition in the election being

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 1  canvassed.  In such event, the members of the county

 2  canvassing board shall meet and elect a chair.

 3         (b)  If the supervisor of elections is unable to serve

 4  or is disqualified, the chair of the board of county

 5  commissioners shall appoint as a substitute member a member of

 6  the board of county commissioners who is not a candidate with

 7  opposition in the election being canvassed and who is not an

 8  active participant in the campaign or candidacy of any

 9  candidate with opposition in the election being canvassed.

10  The supervisor, however, shall act in an advisory capacity to

11  the canvassing board.

12         (c)  If the chair of the board of county commissioners

13  is unable to serve or is disqualified, the board of county

14  commissioners shall appoint as a substitute member one of its

15  members who is not a candidate with opposition in the election

16  being canvassed and who is not an active participant in the

17  campaign or candidacy of any candidate with opposition in the

18  election being canvassed.

19         (d)  If a substitute member cannot be appointed as

20  provided elsewhere in this subsection, the chief judge of the

21  judicial circuit in which the county is located shall appoint

22  as a substitute member a qualified elector of the county who

23  is not a candidate with opposition in the election being

24  canvassed and who is not an active participant in the campaign

25  or candidacy of any candidate with opposition in the election

26  being canvassed.

27         (2)  The county canvassing board shall meet in a

28  building accessible to the public in the county where the

29  election occurred at a time and place to be designated by the

30  supervisor of elections to publicly canvass the absentee

31  electors' ballots as provided for in s. 101.68 and provisional

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 1  ballots as provided by ss. 101.048, 101.049, and 101.6925.

 2  Provisional ballots cast pursuant to s. 101.049 shall be

 3  canvassed in a manner that votes for candidates and issues on

 4  those ballots can be segregated from other votes. Public

 5  notice of the time and place at which the county canvassing

 6  board shall meet to canvass the absentee electors' ballots and

 7  provisional ballots shall be given at least 48 hours prior

 8  thereto by publication once in one or more newspapers of

 9  general circulation in the county or, if there is no newspaper

10  of general circulation in the county, by posting such notice

11  in at least four conspicuous places in the county. As soon as

12  the absentee electors' ballots and the provisional ballots are

13  canvassed, the board shall proceed to publicly canvass the

14  vote given each candidate, nominee, constitutional amendment,

15  or other measure submitted to the electorate of the county, as

16  shown by the returns then on file in the office of the

17  supervisor of elections and the office of the county court

18  judge.

19         (3)  The canvass, except the canvass of absentee

20  electors' returns and the canvass of provisional ballots,

21  shall be made from the returns and certificates of the

22  inspectors as signed and filed by them with the county court

23  judge and supervisor, respectively, and the county canvassing

24  board shall not change the number of votes cast for a

25  candidate, nominee, constitutional amendment, or other measure

26  submitted to the electorate of the county, respectively, in

27  any polling place, as shown by the returns.  All returns shall

28  be made to the board on or before 2 a.m. of the day following

29  any primary, general, special, or other election.  If the

30  returns from any precinct are missing, if there are any

31  omissions on the returns from any precinct, or if there is an

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 1  obvious error on any such returns, the canvassing board shall

 2  order a retabulation recount of the returns from such

 3  precinct.  Before canvassing such returns, the canvassing

 4  board shall examine the tabulation of the ballots cast in such

 5  precinct and determine whether the returns correctly reflect

 6  the votes cast.  If there is a discrepancy between the returns

 7  and the tabulation of the ballots cast, the tabulation of the

 8  ballots cast shall be presumed correct and such votes shall be

 9  canvassed accordingly.

10         (4)  The canvassing board shall submit on forms or in

11  formats provided by the division unofficial returns to the

12  Department of State for each federal, statewide, state, or

13  multicounty office or ballot measure no later than noon on the

14  third second day after any primary election and no later than

15  noon on the fifth day after any, general, special, or other

16  election.  Such returns shall include the canvass of all

17  ballots as required by subsection (2), except for provisional

18  ballots, which returns shall be reported at the time required

19  for official returns pursuant to s. 102.112(2).

20         (5)  If the county canvassing board determines that the

21  unofficial returns may contain a counting error in which the

22  vote tabulation system failed to count votes that were

23  properly marked in accordance with the instructions on the

24  ballot, the county canvassing board shall:

25         (a)  Correct the error and retabulate recount the

26  affected ballots with the vote tabulation system; or

27         (b)  Request that the Department of State verify the

28  tabulation software.  When the Department of State verifies

29  such software, the department shall compare the software used

30  to tabulate the votes with the software filed with the

31  

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 1  department pursuant to s. 101.5607 and check the election

 2  parameters.

 3         (6)  If the unofficial returns reflect that a candidate

 4  for any office was defeated or eliminated by one-half of a

 5  percent or less of the votes cast for such office, that a

 6  candidate for retention to a judicial office was retained or

 7  not retained by one-half of a percent or less of the votes

 8  cast on the question of retention, or that a measure appearing

 9  on the ballot was approved or rejected by one-half of a

10  percent or less of the votes cast on such measure, the board

11  responsible for certifying the results of the vote on such

12  race or measure shall order a recount of the votes cast with

13  respect to such office or measure. The Elections Canvassing

14  Commission is the board responsible for ordering federal,

15  state, and multi county recounts. A recount need not be

16  ordered with respect to the returns for any office, however,

17  if the candidate or candidates defeated or eliminated from

18  contention for such office by one-half of a percent or less of

19  the votes cast for such office request in writing that a

20  recount not be made.

21         (a)  In counties with voting systems that use paper

22  ballots, Each canvassing board responsible for conducting a

23  recount shall put each marksense ballot through automatic

24  tabulating equipment and determine whether the returns

25  correctly reflect the votes cast. If any marksense paper

26  ballot is physically damaged so that it cannot be properly

27  counted by the automatic tabulating equipment during the

28  recount, a true duplicate shall be made of the damaged ballot

29  pursuant to the procedures in s. 101.5614(5). Immediately

30  before the start of the recount and after completion of the

31  count, a test of the tabulating equipment shall be conducted

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 1  as provided in s. 101.5612. If the test indicates no error,

 2  the recount tabulation of the ballots cast shall be presumed

 3  correct and such votes shall be canvassed accordingly. If an

 4  error is detected, the cause therefor shall be ascertained and

 5  corrected and the recount repeated, as necessary. The

 6  canvassing board shall immediately report the error, along

 7  with the cause of the error and the corrective measures being

 8  taken, to the Department of State. No later than 11 days after

 9  the election, the canvassing board shall file a separate

10  incident report with the Department of State, detailing the

11  resolution of the matter and identifying any measures that

12  will avoid a future recurrence of the error.

13         (b)  In counties with voting systems that do not use

14  paper ballots, Each canvassing board responsible for

15  conducting a recount where touchscreen ballots were used shall

16  examine the counters on the precinct tabulators to ensure that

17  the total of the returns on the precinct tabulators equals the

18  overall election return. If there is a discrepancy between the

19  overall election return and the counters of the precinct

20  tabulators, the counters of the precinct tabulators shall be

21  presumed correct and such votes shall be canvassed

22  accordingly.

23         (c)  The canvassing board shall submit on forms or in

24  formats provided by the division a second set of unofficial

25  returns to the Department of State for each federal,

26  statewide, state, or multicounty office or ballot measure no

27  later than 3 p.m. noon on the fifth third day after any

28  primary election and no later than 3 p.m. on the eighth day

29  after any general election in which a recount was conducted

30  pursuant to this subsection. If the canvassing board is unable

31  to complete the recount prescribed in this subsection by the

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 1  deadline, the second set of unofficial returns submitted by

 2  the canvassing board shall be identical to the initial

 3  unofficial returns and the submission shall also include a

 4  detailed explanation of why it was unable to timely complete

 5  the recount. However, the canvassing board shall complete the

 6  recount prescribed in this subsection, along with any manual

 7  recount prescribed in s. 102.166, and certify election returns

 8  in accordance with the requirements of this chapter.

 9         (d)  The Department of State shall adopt detailed rules

10  prescribing additional recount procedures for each certified

11  voting system, which shall be uniform to the extent

12  practicable.

13         (7)  The canvassing board may employ such clerical help

14  to assist with the work of the board as it deems necessary,

15  with at least one member of the board present at all times,

16  until the canvass of the returns is completed. The clerical

17  help shall be paid from the same fund as inspectors and other

18  necessary election officials.

19         (8)(a)  At the same time that the official results of

20  an election are certified to the Department of State, the

21  county canvassing board shall file a report with the Division

22  of Elections on the conduct of the election. The report must

23  describe:

24         1.  All equipment or software malfunctions at the

25  precinct level, at a counting location, or within computer and

26  telecommunications networks supporting a county location, and

27  the steps that were taken to address the malfunctions;

28         2.  All election definition errors that were discovered

29  after the logic and accuracy test, and the steps that were

30  taken to address the errors;

31  

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 1         3.  All ballot printing errors or ballot supply

 2  problems, and the steps that were taken to address the errors

 3  or problems;

 4         4.  All staffing shortages or procedural violations by

 5  employees or precinct workers which were addressed by the

 6  supervisor of elections or the county canvassing board during

 7  the conduct of the election, and the steps that were taken to

 8  correct such issues;

 9         5.  All instances where needs for staffing or equipment

10  were insufficient to meet the needs of the voters; and

11         6.  Any additional information regarding material

12  issues or problems associated with the conduct of the

13  election.

14         (b)  If a supervisor discovers new or additional

15  information on any of the items required to be included in the

16  report pursuant to paragraph (a) after the report is filed,

17  the supervisor shall notify the division that new information

18  has been discovered no later than the next business day after

19  the discovery and the supervisor shall file an amended report

20  signed by the supervisor of elections on the conduct of the

21  election within 10 days after the discovery. shall contain

22  information relating to any problems incurred as a result of

23  equipment malfunctions either at the precinct level or at a

24  counting location, any difficulties or unusual circumstances

25  encountered by an election board or the canvassing board, and

26  any other additional information which the canvassing board

27  feels should be made a part of the official election record.

28         (c)  Such reports shall be maintained on file in the

29  Division of Elections and shall be available for public

30  inspection. The division shall utilize the reports submitted

31  by the canvassing boards to determine what problems may be

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 1  likely to occur in other elections and disseminate such

 2  information, along with possible solutions, to the supervisors

 3  of elections.

 4         (9)  The supervisor shall file with the department a

 5  copy of or an export file from the results database of the

 6  county's voting system and other statistical information as

 7  may be required by the department, the Legislature, or the

 8  Election Assistance Commission. The department shall adopt

 9  rules establishing the required content and acceptable formats

10  for the filings and time for filings.

11         Section 60.  Section 102.166, Florida Statutes, is

12  amended to read:

13         102.166  Manual recounts.--

14         (1)  If the second set of unofficial returns pursuant

15  to s. 102.141 indicates that a candidate for any office was

16  defeated or eliminated by one-quarter of a percent or less of

17  the votes cast for such office, that a candidate for retention

18  to a judicial office was retained or not retained by

19  one-quarter of a percent or less of the votes cast on the

20  question of retention, or that a measure appearing on the

21  ballot was approved or rejected by one-quarter of a percent or

22  less of the votes cast on such measure, the board responsible

23  for certifying the results of the vote on such race or measure

24  shall order a manual recount of the overvotes and undervotes

25  cast in the entire geographic jurisdiction of such office or

26  ballot measure. A manual recount may not be ordered, however,

27  if the number of overvotes, undervotes, and provisional

28  ballots is fewer than the number of votes needed to change the

29  outcome of the election.

30         (2)(a)  If the second set of unofficial returns

31  pursuant to s. 102.141 indicates that a candidate for any

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 1  office was defeated or eliminated by between one-quarter and

 2  one-half of a percent of the votes cast for such office, that

 3  a candidate for retention to judicial office was retained or

 4  not retained by between one-quarter and one-half of a percent

 5  of the votes cast on the question of retention, or that a

 6  measure appearing on the ballot was approved or rejected by

 7  between one-quarter and one-half of a percent of the votes

 8  cast on such measure, any such candidate, the political party

 9  of such candidate, or any political committee that supports or

10  opposes such ballot measure is entitled to a manual recount of

11  the overvotes and undervotes cast in the entire geographic

12  jurisdiction of such office or ballot measure, provided that a

13  request for a manual recount is made by 5 p.m. on the third

14  day after the election.

15         (b)  For federal, statewide, state, and multicounty

16  races and ballot issues, requests for a manual recount shall

17  be made in writing to the state Elections Canvassing

18  Commission.  For all other races and ballot issues, requests

19  for a manual recount shall be made in writing to the county

20  canvassing board.

21         (c)  Upon receipt of a proper and timely request, the

22  Elections Canvassing Commission or county canvassing board

23  shall immediately order a manual recount of overvotes and

24  undervotes in all affected jurisdictions.

25         (2)(3)(a)  Any hardware or software used to identify

26  and sort overvotes and undervotes for a given race or ballot

27  measure must be certified by the Department of State as part

28  of the voting system pursuant to s. 101.015. Any such hardware

29  or software must be capable of simultaneously counting votes.

30  For certified voting systems, the department shall certify

31  such hardware or software by July 1, 2002. If the department

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 1  is unable to certify such hardware or software for a certified

 2  voting system by July 1, 2002, the department shall adopt

 3  rules prescribing procedures for identifying and sorting such

 4  overvotes and undervotes. The department's rules may provide

 5  for the temporary use of hardware or software whose sole

 6  function is identifying and sorting overvotes and undervotes.

 7         (b)  This subsection does not preclude the department

 8  from certifying hardware or software after July 1, 2002.

 9         (b)(c)  Overvotes and undervotes shall be identified

10  and sorted while recounting ballots pursuant to s. 102.141, if

11  the hardware or software for this purpose has been certified

12  or the department's rules so provide.

13         (3)(4)  Any manual recount shall be open to the public.

14         (4)(5)(a)  A vote for a candidate or ballot measure

15  shall be counted if there is a clear indication on the ballot

16  that the voter has made a definite choice.

17         (b)  The Department of State shall adopt specific rules

18  for each certified voting system prescribing what constitutes

19  a "clear indication on the ballot that the voter has made a

20  definite choice."  The rules may not:

21         1.  Exclusively provide that the voter must properly

22  mark or designate his or her choice on the ballot; or

23         2.  Contain a catch-all provision that fails to

24  identify specific standards, such as "any other mark or

25  indication clearly indicating that the voter has made a

26  definite choice."

27         (5)(6)  Procedures for a manual recount are as follows:

28         (a)  The county canvassing board shall appoint as many

29  counting teams of at least two electors as is necessary to

30  manually recount the ballots. A counting team must have, when

31  possible, members of at least two political parties. A

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 1  candidate involved in the race shall not be a member of the

 2  counting team.

 3         (b)  Each duplicate ballot prepared pursuant to s.

 4  101.5614(5) or s. 102.141(6) shall be compared with the

 5  original ballot to ensure the correctness of the duplicate.

 6         (c)  If a counting team is unable to determine whether

 7  the ballot contains a clear indication that the voter has made

 8  a definite choice, the ballot shall be presented to the county

 9  canvassing board for a determination.

10         (d)  The Department of State shall adopt detailed rules

11  prescribing additional recount procedures for each certified

12  voting system which shall be uniform to the extent

13  practicable. The rules shall address, at a minimum, the

14  following areas:

15         1.  Security of ballots during the recount process;

16         2.  Time and place of recounts;

17         3.  Public observance of recounts;

18         4.  Objections to ballot determinations;

19         5.  Record of recount proceedings; and

20         6.  Procedures relating to candidate and petitioner

21  representatives.

22         Section 61.  Subsections (2) and (4) of section

23  102.168, Florida Statutes, are amended to read:

24         102.168  Contest of election.--

25         (2)  Such contestant shall file a complaint, together

26  with the fees prescribed in chapter 28, with the clerk of the

27  circuit court within 10 days after midnight of the date the

28  last board responsible for certifying the results officially

29  county canvassing board empowered to canvass the returns

30  certifies the results of the election being contested.

31  

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 1         (4)  The county canvassing board is an indispensable

 2  and or Elections Canvassing Commission shall be the proper

 3  party defendant in county and local elections; the Elections

 4  Canvassing Commission is an indispensable and proper party

 5  defendant in federal, state, and multicounty races;, and the

 6  successful candidate is shall be an indispensable party to any

 7  action brought to contest the election or nomination of a

 8  candidate.

 9         Section 62.  Subsections (1) and (4) of section

10  103.021, Florida Statutes, are amended to read:

11         103.021  Nomination for presidential

12  electors.--Candidates for presidential electors shall be

13  nominated in the following manner:

14         (1)  The Governor shall nominate the presidential

15  electors of each political party. The state executive

16  committee of each political party shall by resolution

17  recommend candidates for presidential electors and deliver a

18  certified copy thereof to the Governor before September 1 of

19  each presidential election year. The Governor He or she shall

20  nominate only the electors recommended by the state executive

21  committee of the respective political party.  Each such

22  elector shall be a qualified elector of the party he or she

23  represents who has taken an oath that he or she will vote for

24  the candidates of the party that he or she is nominated to

25  represent.  The Governor shall certify to the Department of

26  State on or before September 1, in each presidential election

27  year, the names of a number of electors for each political

28  party equal to the number of senators and representatives

29  which this state has in Congress.

30         (4)(a)  A minor political party that is affiliated with

31  a national party holding a national convention to nominate

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 1  candidates for President and Vice President of the United

 2  States may have the names of its candidates for President and

 3  Vice President of the United States printed on the general

 4  election ballot by filing with the Department of State a

 5  certificate naming the candidates for President and Vice

 6  President and listing the required number of persons to serve

 7  as electors. Notification to the Department of State under

 8  this subsection shall be made by September 1 of the year in

 9  which the election is held.  When the Department of State has

10  been so notified, it shall order the names of the candidates

11  nominated by the minor political party to be included on the

12  ballot and shall permit the required number of persons to be

13  certified as electors in the same manner as other party

14  candidates. As used in this section, the term "national party"

15  means a political party established and admitted to the ballot

16  in at least one state other than Florida.

17         (b)  A minor political party that is not affiliated

18  with a national party holding a national convention to

19  nominate candidates for President and Vice President of the

20  United States may have the names of its candidates for

21  President and Vice President printed on the general election

22  ballot if a petition is signed by 1 percent of the registered

23  electors of this state, as shown by the compilation by the

24  Department of State for the preceding general election.  A

25  separate petition from each county for which signatures are

26  solicited shall be submitted to the supervisors of elections

27  of the respective county no later than July 15 of each

28  presidential election year.  The supervisor shall check the

29  names and, on or before the date of the first primary, shall

30  certify the number shown as registered electors of the county.

31  The supervisor shall be paid by the person requesting the

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 1  certification the cost of checking the petitions as prescribed

 2  in s. 99.097.  The supervisor shall then forward the

 3  certificate to the Department of State, which shall determine

 4  whether or not the percentage factor required in this section

 5  has been met.  When the percentage factor required in this

 6  section has been met, the Department of State shall order the

 7  names of the candidates for whom the petition was circulated

 8  to be included on the ballot and shall permit the required

 9  number of persons to be certified as electors in the same

10  manner as other party candidates.

11         Section 63.  Section 103.051, Florida Statutes, is

12  amended to read:

13         103.051  Congress sets meeting dates of electors.--The

14  presidential electors shall, at noon on the day that which is

15  directed by Congress and at the time fixed by the Governor,

16  meet at Tallahassee and perform the duties required of them by

17  the Constitution and laws of the United States.

18         Section 64.  Section 103.061, Florida Statutes, is

19  amended to read:

20         103.061  Meeting of electors and filling of

21  vacancies.--Each presidential elector shall, before 10 a.m. on

22  the day fixed by Congress to elect a President and Vice

23  President and at the time fixed by the Governor, give notice

24  to the Governor that the elector is in Tallahassee and ready

25  to perform the duties of presidential elector.  The Governor

26  shall forthwith deliver to the presidential electors present a

27  certificate of the names of all the electors; and if, on

28  examination thereof, it should be found that one or more

29  electors are absent, the electors present shall elect by

30  ballot, in the presence of the Governor, a person or persons

31  

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 1  to fill such vacancy or vacancies as may have occurred through

 2  the nonattendance of one or more of the electors.

 3         Section 65.  Section 103.121, Florida Statutes, is

 4  amended to read:

 5         103.121  Powers and duties of executive committees.--

 6         (1)(a)  Each state and county executive committee of a

 7  political party shall have the power and duty:

 8         1.  To adopt a constitution by two-thirds vote of the

 9  full committee.

10         2.  To adopt such bylaws as it may deem necessary by

11  majority vote of the full committee.

12         3.  To conduct its meetings according to generally

13  accepted parliamentary practice.

14         4.  To make party nomination when required by law.

15         5.  To conduct campaigns for party nominees.

16         6.  To raise and expend party funds.  Such funds may

17  not be expended or committed to be expended except after

18  written authorization by the chair of the state or county

19  executive committee.

20         (b)  Except as otherwise provided in subsection (5),

21  The county executive committee shall receive payment of

22  assessments upon candidates to be voted for in a single county

23  except state senators and members of the House of

24  Representatives and representatives to the Congress of the

25  United States; and the state executive committees shall

26  receive all other assessments authorized. All party

27  assessments shall be 2 percent of the annual salary of the

28  office sought by the respective candidate.  All such committee

29  assessments shall be remitted to the state executive committee

30  of the appropriate party and distributed in accordance with

31  subsection (5) (6).

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 1         (2)  The state executive committee shall by resolution

 2  recommend candidates for presidential electors and deliver a

 3  certified copy thereof to the Governor prior to September 1 of

 4  each presidential election year.

 5         (2)(3)  The chair and treasurer of an executive

 6  committee of any political party shall be accountable for the

 7  funds of such committee and jointly liable for their proper

 8  expenditure for authorized purposes only.  The chair and

 9  treasurer of the state executive committee of any political

10  party shall furnish adequate bond, but not less than $10,000,

11  conditioned upon the faithful performance by such party

12  officers of their duties and for the faithful accounting for

13  party funds which shall come into their hands; and the chair

14  and treasurer of a county executive committee of a political

15  party shall furnish adequate bond, but not less than $5,000,

16  conditioned as aforesaid.  A bond for the chair and treasurer

17  of the state executive committee of a political party shall be

18  filed with the Department of State.  A bond for the chair and

19  treasurer of a county executive committee shall be filed with

20  the supervisor of elections. The funds of each such state

21  executive committee shall be publicly audited at the end of

22  each calendar year and a copy of such audit furnished to the

23  Department of State for its examination prior to April 1 of

24  the ensuing year.  When filed with the Department of State,

25  copies of such audit shall be public documents.  The treasurer

26  of each county executive committee shall maintain adequate

27  records evidencing receipt and disbursement of all party funds

28  received by him or her, and such records shall be publicly

29  audited at the end of each calendar year and a copy of such

30  audit filed with the supervisor of elections and the state

31  executive committee prior to April 1 of the ensuing year.

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 1         (3)(4)  Any chair or treasurer of a state or county

 2  executive committee of any political party who knowingly

 3  misappropriates, or makes an unlawful expenditure of, or a

 4  false or improper accounting for, the funds of such committee

 5  is guilty of a felony of the third degree, punishable as

 6  provided in s. 775.082, s. 775.083, or s. 775.084.

 7         (4)(5)(a)  The central committee or other equivalent

 8  governing body of each state executive committee shall adopt a

 9  rule which governs the time and manner in which the respective

10  county executive committees of such party may endorse,

11  certify, screen, or otherwise recommend one or more candidates

12  for such party's nomination for election.  Upon adoption, such

13  rule shall provide the exclusive method by which a county

14  committee may so endorse, certify, screen, or otherwise

15  recommend.  No later than the date on which qualifying for

16  public office begins pursuant to s. 99.061, the chair of each

17  county executive committee shall notify in writing the

18  supervisor of elections of his or her county whether the

19  county executive committee has endorsed or intends to endorse,

20  certify, screen, or otherwise recommend candidates for

21  nomination pursuant to party rule.  A copy of such

22  notification shall be provided to the Secretary of State and

23  to the chair of the appropriate state executive committee. Any

24  county executive committee that endorses or intends to

25  endorse, certify, screen, or otherwise recommend one or more

26  candidates for nomination shall forfeit all party assessments

27  which would otherwise be returned to the county executive

28  committee; and such assessments shall be remitted instead to

29  the state executive committee of such party, the provisions of

30  paragraph (1)(b) to the contrary notwithstanding. No such

31  funds so remitted to the state executive committee shall be

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 1  paid, returned, or otherwise disbursed to the county executive

 2  committee under any circumstances. Any county executive

 3  committee that is in violation of any party rule after

 4  receiving the party assessment shall remit such party

 5  assessment to the state executive committee.

 6         (b)  Any state executive committee that endorses or

 7  intends to endorse, certify, screen, or otherwise recommend

 8  one or more candidates for nomination shall forfeit all party

 9  assessments which would otherwise be returned to the state

10  executive committee; and such assessments shall be remitted

11  instead to the General Revenue Fund of the state.  Any state

12  executive committee that is in violation of this section after

13  receiving the party assessment shall remit such party

14  assessment to the General Revenue Fund of the state.

15         (5)(6)  The state chair of each state executive

16  committee shall return the 2-percent committee assessment for

17  county candidates to the appropriate county executive

18  committees only upon receipt of a written statement that such

19  county executive committee chooses not to endorse, certify,

20  screen, or otherwise recommend one or more candidates for such

21  party's nomination for election and upon the state chair's

22  determination that the county executive committee is in

23  compliance with all Florida statutes and all state party

24  rules, bylaws, constitutions, and requirements.

25         Section 66.  Section 105.031, Florida Statutes, is

26  amended to read:

27         105.031  Qualification; filing fee; candidate's oath;

28  items required to be filed.--

29         (1)  TIME OF QUALIFYING.--Except for candidates for

30  judicial office, nonpartisan candidates for multicounty office

31  shall qualify with the Division of Elections of the Department

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 1  of State and nonpartisan candidates for countywide or less

 2  than countywide office shall qualify with the supervisor of

 3  elections. Candidates for judicial office other than the

 4  office of county court judge shall qualify with the Division

 5  of Elections of the Department of State, and candidates for

 6  the office of county court judge shall qualify with the

 7  supervisor of elections of the county.  Candidates for

 8  judicial office shall qualify no earlier than noon of the

 9  120th day, and no later than noon of the 116th day, before the

10  first primary election. Candidates for the office of school

11  board member shall qualify no earlier than noon of the 50th

12  day, and no later than noon of the 46th day, before the first

13  primary election.  Filing shall be on forms provided for that

14  purpose by the Division of Elections and furnished by the

15  appropriate qualifying officer. Any person seeking to qualify

16  by the petition process alternative method, as set forth in s.

17  105.035, who if the person has submitted the necessary

18  petitions by the required deadline and is notified after the

19  fifth day prior to the last day for qualifying that the

20  required number of signatures has been obtained, shall be

21  entitled to subscribe to the candidate's oath and file the

22  qualifying papers at any time within 5 days from the date he

23  or she is notified that the necessary number of signatures has

24  been obtained.  Any person other than a write-in candidate who

25  qualifies within the time prescribed in this subsection shall

26  be entitled to have his or her name printed on the ballot.

27         (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall

28  qualify in groups or districts where multiple offices are to

29  be filled.

30         (3)  QUALIFYING FEE.--Each candidate qualifying for

31  election to a judicial office or the office of school board

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 1  member, except write-in judicial or school board candidates,

 2  shall, during the time for qualifying, pay to the officer with

 3  whom he or she qualifies a qualifying fee, which shall consist

 4  of a filing fee and an election assessment, or qualify by the

 5  petition process alternative method. The amount of the filing

 6  fee is 3 percent of the annual salary of the office sought.

 7  The amount of the election assessment is 1 percent of the

 8  annual salary of the office sought.  The Department of State

 9  shall forward all filing fees to the Department of Revenue for

10  deposit in the Elections Commission Trust Fund.  The

11  supervisor of elections shall forward all filing fees to the

12  Elections Commission Trust Fund.  The election assessment

13  shall be deposited into the Elections Commission Trust Fund.

14  The annual salary of the office for purposes of computing the

15  qualifying fee shall be computed by multiplying 12 times the

16  monthly salary authorized for such office as of July 1

17  immediately preceding the first day of qualifying.  This

18  subsection shall not apply to candidates qualifying for

19  retention to judicial office.

20         (4)  CANDIDATE'S OATH.--

21         (a)  All candidates for the office of school board

22  member shall subscribe to the oath as prescribed in s. 99.021.

23         (b)  All candidates for judicial office shall subscribe

24  to an oath or affirmation in writing to be filed with the

25  appropriate qualifying officer upon qualifying.  A printed

26  copy of the oath or affirmation shall be furnished to the

27  candidate by the qualifying officer and shall be in

28  substantially the following form:

29  

30  State of Florida

31  County of ....

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 1         Before me, an officer authorized to administer oaths,

 2  personally appeared ...(please print name as you wish it to

 3  appear on the ballot)..., to me well known, who, being sworn,

 4  says he or she:  is a candidate for the judicial office of

 5  ....; that his or her legal residence is .... County, Florida;

 6  that he or she is a qualified elector of the state and of the

 7  territorial jurisdiction of the court to which he or she seeks

 8  election; that he or she is qualified under the constitution

 9  and laws of Florida to hold the judicial office to which he or

10  she desires to be elected or in which he or she desires to be

11  retained; that he or she has taken the oath required by ss.

12  876.05-876.10, Florida Statutes; that he or she has qualified

13  for no other public office in the state, the term of which

14  office or any part thereof runs concurrent to the office he or

15  she seeks; and that he or she has resigned from any office

16  which he or she is required to resign pursuant to s. 99.012,

17  Florida Statutes.

18                                  ...(Signature of candidate)...

19                                                 ...(Address)...

20  

21  Sworn to and subscribed before me this .... day of ....,

22  ...(year)..., at .... County, Florida.

23       ...(Signature and title of officer administering oath)...

24  

25         (5)  ITEMS REQUIRED TO BE FILED.--

26         (a)  In order for a candidate for judicial office or

27  the office of school board member to be qualified, the

28  following items must be received by the filing officer by the

29  end of the qualifying period:

30         1.  Except for candidates for retention to judicial

31  office, a properly executed check drawn upon the candidate's

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 1  campaign account in an amount not less than the fee required

 2  by subsection (3) or, in lieu thereof, the copy of the notice

 3  of obtaining ballot position pursuant to s. 105.035. If a

 4  candidate's check is returned by the bank for any reason, the

 5  filing officer shall immediately notify the candidate and the

 6  candidate shall, the end of qualifying notwithstanding, have

 7  48 hours from the time such notification is received,

 8  excluding Saturdays, Sundays, and legal holidays, to pay the

 9  fee with a cashier's check purchased from funds of the

10  campaign account.  Failure to pay the fee as provided in this

11  subparagraph shall disqualify the candidate.

12         2.  The candidate's oath required by subsection (4),

13  which must contain the name of the candidate as it is to

14  appear on the ballot; the office sought, including the

15  district or group number if applicable; and the signature of

16  the candidate, duly acknowledged.

17         3.  The loyalty oath required by s. 876.05, signed by

18  the candidate and duly acknowledged.

19         4.  The completed form for the appointment of campaign

20  treasurer and designation of campaign depository, as required

21  by s. 106.021. In addition, each candidate for judicial

22  office, including an incumbent judge, shall file a statement

23  with the qualifying officer, within 10 days after filing the

24  appointment of campaign treasurer and designation of campaign

25  depository, stating that the candidate has read and

26  understands the requirements of the Florida Code of Judicial

27  Conduct. Such statement shall be in substantially the

28  following form:

29  

30            Statement of Candidate for Judicial Office

31  

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 1  I, ...(name of candidate)..., a judicial candidate, have

 2  received, read, and understand the requirements of the Florida

 3  Code of Judicial Conduct.

 4                                  ...(Signature of candidate)...

 5                                                    ...(Date)...

 6  

 7         5.  The full and public disclosure of financial

 8  interests required by s. 8, Art. II of the State Constitution

 9  or the statement of financial interests required by s.

10  112.3145, whichever is applicable. A public officer who has

11  filed the full and public disclosure or statement of financial

12  interests with the Commission on Ethics or the supervisor of

13  elections prior to qualifying for office may file a copy of

14  that disclosure at the time of qualifying.

15         (b)  If the filing officer receives qualifying papers

16  that do not include all items as required by paragraph (a)

17  prior to the last day of qualifying, the filing officer shall

18  make a reasonable effort to notify the candidate of the

19  missing or incomplete items and shall inform the candidate

20  that all required items must be received by the close of

21  qualifying.  A candidate's name as it is to appear on the

22  ballot may not be changed after the end of qualifying.

23         (6)  Notwithstanding the qualifying period prescribed

24  in this section, a filing officer may accept and hold

25  qualifying papers submitted not earlier than 14 days prior to

26  the beginning of the qualifying period, to be processed and

27  filed during the qualifying period.

28         Section 67.  Section 105.035, Florida Statutes, is

29  amended to read:

30  

31  

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 1         105.035  Petition process Alternative method of

 2  qualifying for certain judicial offices and the office of

 3  school board member.--

 4         (1)  A person seeking to qualify for election to the

 5  office of circuit judge or county court judge or the office of

 6  school board member may qualify for election to such office by

 7  means of the petitioning process prescribed in this section.

 8  A person qualifying by this petition process is alternative

 9  method shall not be required to pay the qualifying fee

10  required by this chapter. A person using this petitioning

11  process shall file an oath with the officer before whom the

12  candidate would qualify for the office stating that he or she

13  intends to qualify by this alternative method for the office

14  sought. Such oath shall be filed at any time after the first

15  Tuesday after the first Monday in January of the year in which

16  the election is held, but prior to the 21st day preceding the

17  first day of the qualifying period for the office sought. The

18  form of such oath shall be prescribed by the Division of

19  Elections.  No signatures shall be obtained until the person

20  has filed the oath prescribed in this subsection.

21         (2)  The Upon receipt of a written oath from a

22  candidate, the qualifying officer shall provide the candidate

23  with a petition format shall be prescribed by the Division of

24  Elections and shall to be used by the candidate to reproduce

25  petitions for circulation.  If the candidate is running for an

26  office that which will be grouped on the ballot with two or

27  more similar offices to be filled at the same election, the

28  candidate's petition must indicate, prior to the obtaining of

29  registered electors' signatures, for which group or district

30  office the candidate is running.

31  

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 1         (3)  Each candidate for election to a judicial office

 2  or the office of school board member shall obtain the

 3  signature of a number of qualified electors equal to at least

 4  1 percent of the total number of registered electors of the

 5  district, circuit, county, or other geographic entity

 6  represented by the office sought as shown by the compilation

 7  by the Department of State for the last preceding general

 8  election. A separate petition shall be circulated for each

 9  candidate availing himself or herself of the provisions of

10  this section. Signatures may not be obtained until the

11  candidate has filed the appointment of campaign treasurer and

12  designation of campaign depository pursuant to s. 106.021.

13         (4)(a)  Each candidate seeking to qualify for election

14  to the office of circuit judge or the office of school board

15  member from a multicounty school district pursuant to this

16  section shall file a separate petition from each county from

17  which signatures are sought.  Each petition shall be

18  submitted, prior to noon of the 28th 21st day preceding the

19  first day of the qualifying period for the office sought, to

20  the supervisor of elections of the county for which such

21  petition was circulated.  Each supervisor of elections to whom

22  a petition is submitted shall check the signatures on the

23  petition to verify their status as electors of that county and

24  of the geographic area represented by the office sought. No

25  later than the seventh day before Prior to the first date for

26  qualifying, the supervisor shall certify the number shown as

27  registered electors and submit such certification to the

28  Division of Elections.  The division shall determine whether

29  the required number of signatures has been obtained for the

30  name of the candidate to be placed on the ballot and shall

31  notify the candidate.  If the required number of signatures

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 1  has been obtained, the candidate shall, during the time

 2  prescribed for qualifying for office, submit a copy of such

 3  notice and file his or her qualifying papers and oath

 4  prescribed in s. 105.031 with the Division of Elections.  Upon

 5  receipt of the copy of such notice and qualifying papers, the

 6  division shall certify the name of the candidate to the

 7  appropriate supervisor or supervisors of elections as having

 8  qualified for the office sought.

 9         (b)  Each candidate seeking to qualify for election to

10  the office of county court judge or the office of school board

11  member from a single county school district pursuant to this

12  section shall submit his or her petition, prior to noon of the

13  28th 21st day preceding the first day of the qualifying period

14  for the office sought, to the supervisor of elections of the

15  county for which such petition was circulated. The supervisor

16  shall check the signatures on the petition to verify their

17  status as electors of the county and of the geographic area

18  represented by the office sought. No later than the seventh

19  day before Prior to the first date for qualifying, the

20  supervisor shall determine whether the required number of

21  signatures has been obtained for the name of the candidate to

22  be placed on the ballot and shall notify the candidate.  If

23  the required number of signatures has been obtained, the

24  candidate shall, during the time prescribed for qualifying for

25  office, submit a copy of such notice and file his or her

26  qualifying papers and oath prescribed in s. 105.031 with the

27  qualifying officer.  Upon receipt of the copy of such notice

28  and qualifying papers, such candidate shall be entitled to

29  have his or her name printed on the ballot.

30         Section 68.  Section 106.022, Florida Statutes, is

31  created to read:

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 1         106.022  Appointment of a registered agent; duties.--

 2         (1)  Each political committee, committee of continuous

 3  existence, or electioneering communications entity shall have

 4  and continuously maintain in this state a registered office

 5  and a registered agent and must file with the division a

 6  statement of appointment for the registered office and

 7  registered agent. The statement of appointment must:

 8         (a)  Provide the name of the registered agent and the

 9  street address and phone number for the registered office;

10         (b)  Identify the entity for whom the registered agent

11  serves;

12         (c)  Designate the address the registered agent wishes

13  to use to receive mail;

14         (d)  Include the entity's undertaking to inform the

15  division of any change in such designated address;

16         (e)  Provide for the registered agent's acceptance of

17  the appointment, which must confirm that the registered agent

18  is familiar with and accepts the obligations of the position

19  as set forth in this section; and

20         (f)  Contain the signature of the registered agent and

21  the entity engaging the registered agent.

22         (2)  An entity may change its appointment of registered

23  agent and registered office under this section by executing a

24  written statement of change that identifies the former

25  registered agent and registered address and also satisfies all

26  of the requirements of subsection (1).

27         (3)  A registered agent may resign his or her

28  appointment as registered agent by executing a written

29  statement of resignation and filing it with the division. An

30  entity without a registered agent may not make expenditures or

31  

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 1  accept contributions until it files a written statement of

 2  change as required in subsection (2).

 3         Section 69.  Subsection (6) of section 106.24, Florida

 4  Statutes, is amended to read:

 5         106.24  Florida Elections Commission; membership;

 6  powers; duties.--

 7         (6)  There is hereby established in the State Treasury

 8  an Elections Commission Trust Fund to be utilized by the

 9  Division of Elections and the Florida Elections Commission in

10  order to carry out their duties pursuant to ss. 106.24-106.28.

11  The trust fund may also be used by the Secretary of State

12  division, pursuant to his or her its authority under s.

13  97.012(14) s. 106.22(11), to provide rewards for information

14  leading to criminal convictions related to voter registration

15  fraud, voter fraud, and vote scams.

16         Section 70.  Subsection (6) of section 106.141, Florida

17  Statutes, is amended to read:

18         106.141  Disposition of surplus funds by candidates.--

19         (6)  Prior to disposing of funds pursuant to subsection

20  (4) or transferring funds into an office account pursuant to

21  subsection (5), any candidate who filed an oath stating that

22  he or she was unable to pay the election assessment or fee for

23  verification of petition signatures without imposing an undue

24  burden on his or her personal resources or on resources

25  otherwise available to him or her, or who filed both such

26  oaths, or who qualified by the petition process alternative

27  method and was not required to pay an election assessment,

28  shall reimburse the state or local governmental entity,

29  whichever is applicable, for such waived assessment or fee or

30  both. Such reimbursement shall be made first for the cost of

31  petition verification and then, if funds are remaining, for

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 1  the amount of the election assessment. If there are

 2  insufficient funds in the account to pay the full amount of

 3  either the assessment or the fee or both, the remaining funds

 4  shall be disbursed in the above manner until no funds remain.

 5  All funds disbursed pursuant to this subsection shall be

 6  remitted to the qualifying officer. Any reimbursement for

 7  petition verification costs which are reimbursable by the

 8  state shall be forwarded by the qualifying officer to the

 9  state for deposit in the General Revenue Fund. All

10  reimbursements for the amount of the election assessment shall

11  be forwarded by the qualifying officer to the Department of

12  State for deposit in the General Revenue Fund.

13         Section 71.  Section 98.122, Florida Statutes, is

14  transferred and renumbered as section 106.165, Florida

15  Statutes.

16         Section 72.  Section 106.22, Florida Statutes, is

17  amended to read:

18         106.22  Duties of the Division of Elections.--It is the

19  duty of the Division of Elections to:

20         (1)  Prescribe forms for statements and other

21  information required to be filed by this chapter.  Such forms

22  shall be furnished by the Department of State or office of the

23  supervisor of elections to persons required to file such

24  statements and information with such agency.

25         (2)  Prepare and publish manuals or brochures setting

26  forth recommended uniform methods of bookkeeping and

27  reporting, and including appropriate portions of the election

28  code, for use by persons required by this chapter to file

29  statements.

30         (3)  Develop a filing, coding, and cross-indexing

31  system consonant with the purposes of this chapter.

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 1         (4)  Preserve statements and other information required

 2  to be filed with the division pursuant to this chapter for a

 3  period of 10 years from date of receipt.

 4         (5)  Prepare and publish such reports as it may deem

 5  appropriate.

 6         (6)  Make, from time to time, audits and field

 7  investigations with respect to reports and statements filed

 8  under the provisions of this chapter and with respect to

 9  alleged failures to file any report or statement required

10  under the provisions of this chapter.  The division shall

11  conduct a postelection audit of the campaign accounts of all

12  candidates receiving contributions from the Election Campaign

13  Financing Trust Fund.

14         (7)  Report to the Florida Elections Commission any

15  failure to file a report or information required by this

16  chapter or any apparent violation of this chapter.

17         (8)  Employ such personnel or contract for such

18  services as are necessary to adequately carry out the intent

19  of this chapter.

20         (9)  Prescribe rules and regulations to carry out the

21  provisions of this chapter.  Such rules shall be prescribed

22  pursuant to chapter 120.

23         (10)  Make an annual report to the President of the

24  Senate and the Speaker of the House of Representatives

25  concerning activities of the division and recommending

26  improvements in the election code.

27         (11)  Conduct preliminary investigations into any

28  irregularities or fraud involving voter registration or voting

29  and report its findings to the state attorney for the judicial

30  circuit in which the alleged violation occurred for

31  prosecution, where warranted. The Department of State may

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 1  prescribe by rule requirements for filing a complaint of voter

 2  fraud and for investigating any such complaint.

 3         (10)(12)  Conduct random audits with respect to reports

 4  and statements filed under this chapter and with respect to

 5  alleged failure to file any reports and statements required

 6  under this chapter.

 7         Section 73.  Subsection (1) of section 16.56, Florida

 8  Statutes, is amended to read:

 9         16.56  Office of Statewide Prosecution.--

10         (1)  There is created in the Department of Legal

11  Affairs an Office of Statewide Prosecution.  The office shall

12  be a separate "budget entity" as that term is defined in

13  chapter 216.  The office may:

14         (a)  Investigate and prosecute the offenses of:

15         1.  Bribery, burglary, criminal usury, extortion,

16  gambling, kidnapping, larceny, murder, prostitution, perjury,

17  robbery, carjacking, and home-invasion robbery;

18         2.  Any crime involving narcotic or other dangerous

19  drugs;

20         3.  Any violation of the provisions of the Florida RICO

21  (Racketeer Influenced and Corrupt Organization) Act, including

22  any offense listed in the definition of racketeering activity

23  in s. 895.02(1)(a), providing such listed offense is

24  investigated in connection with a violation of s. 895.03 and

25  is charged in a separate count of an information or indictment

26  containing a count charging a violation of s. 895.03, the

27  prosecution of which listed offense may continue independently

28  if the prosecution of the violation of s. 895.03 is terminated

29  for any reason;

30         4.  Any violation of the provisions of the Florida

31  Anti-Fencing Act;

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 1         5.  Any violation of the provisions of the Florida

 2  Antitrust Act of 1980, as amended;

 3         6.  Any crime involving, or resulting in, fraud or

 4  deceit upon any person;

 5         7.  Any violation of s. 847.0135, relating to computer

 6  pornography and child exploitation prevention, or any offense

 7  related to a violation of s. 847.0135;

 8         8.  Any violation of the provisions of chapter 815;

 9         9.  Any criminal violation of part I of chapter 499;

10         10.  Any violation of the provisions of the Florida

11  Motor Fuel Tax Relief Act of 2004; or

12         11.  Any criminal violation of s. 409.920 or s.

13  409.9201; or

14         12.  Any crime involving voter registration, voting, or

15  candidate or issue petition activities;

16  

17  or any attempt, solicitation, or conspiracy to commit any of

18  the crimes specifically enumerated above.  The office shall

19  have such power only when any such offense is occurring, or

20  has occurred, in two or more judicial circuits as part of a

21  related transaction, or when any such offense is connected

22  with an organized criminal conspiracy affecting two or more

23  judicial circuits.

24         (b)  Upon request, cooperate with and assist state

25  attorneys and state and local law enforcement officials in

26  their efforts against organized crimes.

27         (c)  Request and receive from any department, division,

28  board, bureau, commission, or other agency of the state, or of

29  any political subdivision thereof, cooperation and assistance

30  in the performance of its duties.

31  

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 1         Section 74.  Subsection (5) of section 119.07, Florida

 2  Statutes, is amended to read:

 3         119.07  Inspection and copying of records;

 4  photographing public records; fees; exemptions.--

 5         (5)  When ballots are produced under this section for

 6  inspection or examination, no persons other than the

 7  supervisor of elections or the supervisor's employees shall

 8  touch the ballots. If the ballots are being examined before

 9  the end of the contest period in s. 102.168, the supervisor of

10  elections shall make a reasonable effort to notify all

11  candidates by telephone or otherwise of the time and place of

12  the inspection or examination. All such candidates, or their

13  representatives, shall be allowed to be present during the

14  inspection or examination.

15         Section 75.  Subsection (3) of section 145.09, Florida

16  Statutes, is amended to read:

17         145.09  Supervisor of elections.--

18         (3)(a)  There shall be an additional $2,000 per year

19  special qualification salary for each supervisor of elections

20  who has met the certification requirements established by the

21  Division of Elections of the Department of State. The

22  Department of State shall adopt rules to establish the

23  certification requirements. Any supervisor who is certified

24  during a calendar year shall receive in that year a pro rata

25  share of the special qualification salary based on the

26  remaining period of the year.

27         (b)  In order to qualify for the special qualification

28  salary described in paragraph (a), the supervisor must

29  complete the requirements established by the Division of

30  Elections within 6 years after first taking office.

31  

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 1         (c)  After a supervisor meets the requirements of

 2  paragraph (a), in order to remain certified the supervisor

 3  shall thereafter be required to complete each year a course of

 4  continuing education as prescribed by the division.

 5         Section 76.  Effective July 1, 2005, section 104.0615,

 6  Florida Statutes, is created to read:

 7         104.0615  Voter intimidation or suppression prohibited;

 8  criminal penalties.--

 9         (1)  This section may be cited as the "Voter Protection

10  Act."

11         (2)  A person may not directly or indirectly use or

12  threaten to use force, violence, or intimidation or any tactic

13  of coercion or intimidation to induce or compel an individual

14  to:

15         (a)  Vote or refrain from voting;

16         (b)  Vote or refrain from voting for any particular

17  individual or ballot measure;

18         (c)  Refrain from registering to vote; or

19         (d)  Refrain from acting as a legally authorized

20  election official or poll watcher.

21         (3)  A person may not knowingly use false information

22  to:

23         (a)  Challenge an individual's right to vote;

24         (b)  Induce or attempt to induce an individual to

25  refrain from voting or registering to vote; or

26         (c)  Induce or attempt to induce an individual to

27  refrain from acting as a legally authorized election official

28  or poll watcher.

29         (4)  A person may not knowingly destroy, mutilate, or

30  deface a voter registration form or election ballot or

31  

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 1  obstruct or delay the delivery of a voter registration form or

 2  election ballot.

 3         (5)  A person who violates subsection (2), subsection

 4  (3), or subsection (4) commits a felony of the third degree,

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

 6  775.084.

 7         Section 77.  Sections 98.095, 98.0979, 98.181, 98.481,

 8  101.253, 101.635, 102.061, 106.085, and 106.144, Florida

 9  Statutes, are repealed.

10         Section 78.  If any provision of this act or its

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

12  invalidity does not affect other provisions or applications of

13  the act which can be given effect without the invalid

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

15  this act are severable.

16         Section 79.  Except as otherwise expressly provided in

17  this act and except for this section, which shall take effect

18  July 1, 2005, this act shall take effect January 1, 2006.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS/Senate Bill 2086

 3                                 

 4  The committee substitute includes political parties in the
    exception to the definition of third-party registration
 5  organizations; restores language relating to filling vacancies
    in nominations; reduces the penalty for soliciting a voter in
 6  an attempt to provide assistance; requires the counting of a
    mail ballot even if the elector dies after mailing the ballot
 7  but before election day; requires supervisors of elections to
    designate early voting sites no later than 30-days prior to an
 8  election, and provides for a petition process to change the
    designations; permits supervisors to conduct early voting for
 9  municipal and special district elections; requires supervisors
    to prepare electronic data files of the voters casting ballots
10  during early voting and make the data available by noon each
    day; requires that the vote of a voter who dies after voting
11  early but before election day be counted; allows the ballot of
    a voter voting absentee who dies after voting but before
12  election day to be counted; requires supervisors to prepare
    electronic data files of the voters casting absentee ballots
13  and make the data available by noon each day; deletes the
    proposed definition of "national convention;" deletes
14  provisions relating to campaign expenditures, contributions,
    and permissible fines; and provides for restrictions and
15  penalties relating to voter intimidation.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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