Senate Bill sb2176c1
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By the Committee on Governmental Oversight and Productivity;
and Senators Posey and Baker
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1 A bill to be entitled
2 An act relating to elections; amending s.
3 97.012, F.S.; revising the duties of the
4 Secretary of State and the Department of State
5 relating to election laws; providing for
6 rulemaking; authorizing the Secretary of State
7 to delegate voter registration and records
8 maintenance duties to voter registration
9 officials; providing that the secretary has a
10 duty to bring legal action to enforce the
11 performance of county supervisors of elections
12 or other officials performing duties relating
13 to the Election Code; providing a prerequisite
14 to bringing such an action; providing venue;
15 requiring that courts give priority to such an
16 action; providing penalties; providing for the
17 adoption of rules; amending s. 97.021, F.S.;
18 revising and providing definitions; amending s.
19 97.026, F.S.; correcting a cross-reference;
20 amending s. 97.051, F.S.; revising the oath
21 taken by a person registering to vote; amending
22 s. 97.052, F.S.; requiring that the uniform
23 statewide voter registration application be
24 accepted for replacement of a voter information
25 card and signature update; revising the
26 information the uniform statewide voter
27 registration application must contain and must
28 elicit from the applicant; amending s. 97.053,
29 F.S.; revising the criteria for completeness of
30 a voter registration application; specifying
31 the possible valid recipients of a mailed voter
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1 registration application; revising the
2 information needed on a voter registration
3 application to establish an applicant's
4 eligibility; providing for verification of
5 authenticity of certain voter registration
6 application information; providing for a
7 provisional ballot to be provided to an
8 applicant if the application is not verified by
9 a certain date; requiring a voter registration
10 official to enter all voter registration
11 applications into the voter registration system
12 within a certain time period and forward such
13 applications to the supervisor of elections;
14 amending s. 97.0535, F.S.; providing for
15 applicants who have no valid Florida driver's
16 license, identification card, or social
17 security number; amending s. 97.055, F.S.;
18 specifying the information updates permitted
19 for purposes of an upcoming election once
20 registration books are closed; amending s.
21 97.057, F.S.; revising the voter registration
22 procedure by the Department of Highway Safety
23 and Motor Vehicles; amending s. 97.058, F.S.;
24 revising duties of voter registration agencies;
25 amending s. 97.061, F.S.; revising special
26 registration procedures for electors requiring
27 assistance; amending s. 97.071, F.S.;
28 redesignating the registration identification
29 card as the voter information card; revising
30 the required contents of the card; amending s.
31 97.073, F.S.; revising the procedure by which
2
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1 an applicant must supply missing information on
2 the voter registration application; revising
3 provisions relating to cancellation of previous
4 registration; amending s. 97.1031, F.S.;
5 revising provisions relating to notice of
6 change of residence, name, or party
7 affiliation; amending s. 97.105, F.S., relating
8 to establishment of the permanent single
9 registration system, to conform; amending s.
10 98.015, F.S.; revising the duties of
11 supervisors of elections; creating s. 98.035,
12 F.S.; establishing a statewide voter
13 registration system; requiring the Secretary of
14 State to be responsible for the implementation,
15 operation, and maintenance of the system;
16 prohibiting the department from contracting
17 with any other entity to operate the system;
18 authorizing the department to adopt rules
19 relating to the access, use, and operation of
20 the system; amending s. 98.045, F.S.; revising
21 provisions relating to administration of voter
22 registration; providing for the responsibility
23 of such administration to be undertaken by the
24 department in lieu of supervisors of elections;
25 specifying ineligibility criteria; revising
26 provisions relating to removal of registered
27 voters; revising provisions relating to public
28 records access and retention; providing for the
29 establishment of a statewide electronic
30 database of valid residential street addresses;
31 authorizing the department to adopt rules
3
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1 relating to certain voter registration system
2 forms; amending s. 98.065, F.S.; revising
3 provisions relating to registration records
4 maintenance; providing for change of address;
5 providing limitations on notice and renewal;
6 requiring supervisors of elections to certify
7 to the department certain list maintenance
8 activities; providing penalties; amending s.
9 98.075, F.S.; providing for registration
10 records maintenance by the department;
11 providing procedures in cases involving
12 duplicate registration, deceased persons,
13 adjudication of mental incapacity, felony
14 conviction, and other bases for ineligibility;
15 providing procedures for removal; requiring
16 supervisors of elections to certify to the
17 department certain registration records
18 maintenance activities; creating s. 98.0755,
19 F.S.; providing for appeal of a determination
20 of ineligibility; providing for jurisdiction,
21 burden of proof, and trial costs; amending s.
22 98.077, F.S.; revising provisions relating to
23 updating a voter's signature; amending s.
24 98.081, F.S., relating to removal of names from
25 the statewide voter registration system, to
26 conform; amending s. 98.093, F.S.; revising the
27 duty of officials to furnish lists of deceased
28 persons, persons adjudicated mentally
29 incapacitated, and persons convicted of a
30 felony; amending s. 98.212, F.S., relating to
31 furnishing of statistical and other
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1 information, to conform; amending s. 98.461,
2 F.S; authorizing use of an electronic database
3 as a precinct register and use of an electronic
4 device for voter signatures and witness
5 initials; amending s. 100.371, F.S.; revising
6 the procedure by which constitutional
7 amendments proposed by initiative shall be
8 placed on the ballot; amending s. 101.043,
9 F.S.; revising requirements and procedures
10 relating to identification required at polls;
11 amending s. 101.045, F.S., relating to
12 provisions for residence or name change at the
13 polls, to conform; amending s. 101.048, F.S.,
14 relating to provisional ballots, to conform;
15 amending s. 101.161, F.S.; conforming a
16 cross-reference; amending s. 101.56062, F.S.,
17 relating to standards for accessible voting
18 systems, to conform; amending s. 101.5608,
19 F.S.; revising a provision relating to an
20 elector's signature provided with
21 identification prior to voting; creating s.
22 101.573, F.S.; requiring supervisors of
23 elections to file precinct-level election
24 results; requiring the Department of State to
25 adopt rules; amending s. 101.62, F.S.;
26 conforming a cross-reference; amending ss.
27 101.64 and 101.657, F.S.; requiring that the
28 supervisor of elections indicate on each
29 absentee or early voted ballot the precinct of
30 the voter; amending s. 101.663, F.S., relating
31 to change or residence, to conform; amending s.
5
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1 101.6921, F.S., relating to delivery of special
2 absentee ballots to certain first-time voters,
3 to conform; amending s. 101.6923, F.S.,
4 relating to special absentee ballot
5 instructions for certain first-time voters, to
6 conform; amending s. 102.012, F.S., relating to
7 conduct of elections by inspectors and clerks,
8 to conform; amending s. 104.013, F.S., relating
9 to unauthorized use, possession, or destruction
10 of voter information cards, to conform;
11 amending s. 196.141, F.S., relating to
12 homestead exemptions and duties of property
13 appraisers, to conform; amending s. 120.54,
14 F.S.; including certain rules pertaining to the
15 Florida Election Code within the definition of
16 emergency rules governing public health,
17 safety, or welfare during specified times;
18 amending s. 99.061, F.S.; providing the method
19 of qualifying for nomination or election to the
20 office of the state attorney or public
21 defender; repealing s. 98.055, F.S., relating
22 to registration list maintenance forms;
23 repealing s. 98.095, F.S., relating to county
24 registers open to inspection and copies;
25 repealing s. 98.0977, F.S., relating to the
26 statewide voter registration database and its
27 operation and maintenance; repealing s.
28 98.0979, F.S., relating to inspection of the
29 statewide voter registration; repealing s.
30 98.101, F.S., relating to specifications for
31 permanent registration binders, files, and
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1 forms; repealing s. 98.181, F.S., relating to
2 duty of the supervisor of elections to make up
3 indexes or records; repealing s. 98.231, F.S.,
4 relating to duty of the supervisor of elections
5 to furnish the department the number of
6 registered electors; repealing s. 98.451, F.S.,
7 relating to automation in processing
8 registration data; repealing s. 98.481, F.S.,
9 relating to challenges to electors; repealing
10 s. 101.635, F.S., relating to distribution of
11 blocks of printed ballots; providing effective
12 dates.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsections (1), (2), and (11) of section
17 97.012, Florida Statutes, are amended, and subsection (14) is
18 added to that section, to read:
19 97.012 Secretary of State as chief election
20 officer.--The Secretary of State is the chief election officer
21 of the state, and it is his or her responsibility to:
22 (1) Obtain and maintain uniformity in the application,
23 operation, and interpretation and implementation of the
24 election laws. In order to obtain and maintain uniformity in
25 the interpretation and implementation of the elections laws,
26 the Department of State may, pursuant to ss. 120.536(1) and
27 120.54, adopt by rule uniform standards for the proper and
28 equitable interpretation and implementation of the
29 requirements of chapters 97 through 102 and 105 of the
30 Election Code.
31
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1 (2) Provide uniform standards for the proper and
2 equitable implementation of the registration laws by
3 administrative rule of the Department of State adopted
4 pursuant to ss. 120.536(1) and 120.54.
5 (11) Create and administer maintain a statewide voter
6 registration system as required by the Help America Vote Act
7 of 2002 database. The secretary may delegate voter
8 registration duties and records maintenance activities to
9 voter registration officials. Any responsibilities delegated
10 by the secretary shall be performed in accordance with state
11 and federal law.
12 (14) Bring and maintain such actions at law or in
13 equity by mandamus or injunction to enforce the performance of
14 any duties of a county supervisor of elections or any official
15 performing duties with respect to chapters 97 through 102 and
16 105 or to enforce compliance with a rule of the Department of
17 State adopted to interpret or implement any of those chapters.
18 (a) Venue for such actions shall be in the Circuit
19 Court of Leon County.
20 (b) When the secretary files an action under this
21 section and not more than 60 days remain before an election as
22 defined in s. 97.021, or during the time period after the
23 election and before certification of the election pursuant to
24 s. 102.112 or s. 102.121, the court, including an appellate
25 court, shall set an immediate hearing, giving the case
26 priority over other pending cases.
27 (c) Prior to filing an action to enforce performance
28 of the duties of the supervisor of elections or any official
29 described in this subsection, the secretary or his or her
30 designee first must confer, or must make a good-faith attempt
31 to confer, with the supervisor of elections or the official to
8
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1 ensure compliance with chapters 97 through 102 and 105 or the
2 rules of the Department of State adopted under any of those
3 chapters.
4 Section 2. Subsection (13) of section 97.021, Florida
5 Statutes, is amended, present subsections (38) and (39) are
6 renumbered as subsections (39) and (40), respectively, and a
7 new subsection (38) is added to that section, to read:
8 97.021 Definitions.--For the purposes of this code,
9 except where the context clearly indicates otherwise, the
10 term:
11 (13) "Lists of registered electors" means names and
12 associated information copies of printed lists of registered
13 electors maintained by the department in the statewide voter
14 registration system or generated or derived from the statewide
15 voter registration system. Lists may be produced in printed or
16 electronic format, computer tapes or disks, or any other
17 device used by the supervisor of elections to maintain voter
18 records.
19 (38) "Voter registration official" means any
20 supervisor of elections or individual authorized by the
21 Secretary of State to accept voter registration applications
22 and execute updates to the statewide voter registration
23 system.
24 Section 3. Section 97.026, Florida Statutes, is
25 amended to read:
26 97.026 Forms to be available in alternative formats
27 and via the Internet.--It is the intent of the Legislature
28 that all forms required to be used in chapters 97-106 shall be
29 made available upon request, in alternative formats. Such
30 forms shall include absentee ballots as alternative formats
31 for such ballots become available and the Division of
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1 Elections is able to certify systems that provide them. The
2 department may, pursuant to ss. 120.536(1) and 120.54, adopt
3 rules to administer this section. Whenever possible, such
4 forms, with the exception of absentee ballots, shall be made
5 available by the Department of State via the Internet.
6 Sections that contain such forms include, but are not limited
7 to, ss. 97.051, 97.052, 97.053, 97.057, 97.058, 97.0583,
8 97.071, 97.073, 97.1031, 98.055, 98.075, 99.021, 100.361,
9 100.371, 101.045, 101.171, 101.20, 101.6103, 101.62, 101.64,
10 101.65, 101.657, 105.031, 106.023, and 106.087.
11 Section 4. Section 97.051, Florida Statutes, is
12 amended to read:
13 97.051 Oath upon registering.--A person registering to
14 vote must subscribe to the following oath: "I do solemnly
15 swear (or affirm) that I will protect and defend the
16 Constitution of the United States and the Constitution of the
17 State of Florida, that I am qualified to register as an
18 elector under the Constitution and laws of the State of
19 Florida, and that all information provided in this application
20 is true I am a citizen of the United States and a legal
21 resident of Florida."
22 Section 5. Section 97.052, Florida Statutes, is
23 amended to read:
24 97.052 Uniform statewide voter registration
25 application.--
26 (1) The department shall prescribe by rule a uniform
27 statewide voter registration application for use in this
28 state.
29 (a) The uniform statewide voter registration
30 application must be accepted for any one or more of the
31 following purposes:
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1 1. Initial registration.
2 2. Change of address.
3 3. Change of party affiliation.
4 4. Change of name.
5 5. Replacement of a voter information registration
6 identification card.
7 6. Signature update.
8 (b) The department is responsible for printing the
9 uniform statewide voter registration application and the voter
10 registration application form prescribed by the Federal
11 Election Assistance Commission pursuant to federal law the
12 National Voter Registration Act of 1993. The applications and
13 forms must be distributed, upon request, to the following:
14 1. Individuals seeking to register to vote or update a
15 voter registration record.
16 2. Individuals or groups conducting voter registration
17 programs. A charge of 1 cent per application shall be assessed
18 on requests for 10,000 or more applications.
19 3. The Department of Highway Safety and Motor
20 Vehicles.
21 4. Voter registration agencies.
22 5. Armed forces recruitment offices.
23 6. Qualifying educational institutions.
24 7. Supervisors, who must make the applications and
25 forms available in the following manner:
26 a. By distributing the applications and forms in their
27 offices to any individual or group.
28 b. By distributing the applications and forms at other
29 locations designated by each supervisor.
30 c. By mailing the applications and forms to applicants
31 upon the request of the applicant.
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1 (c) The uniform statewide voter registration
2 application may be reproduced by any private individual or
3 group, provided the reproduced application is in the same
4 format as the application prescribed by rule under this
5 section.
6 (2) The uniform statewide voter registration
7 application must be designed to elicit the following
8 information from the applicant:
9 (a) Last, first, and middle Full name, including any
10 suffix.
11 (b) Date of birth.
12 (c) Address of legal residence.
13 (d) Mailing address, if different.
14 (e) County of legal residence.
15 (f) Address of property for which the applicant has
16 been granted a homestead exemption, if any.
17 (f)(g) Race or ethnicity that best describes the
18 applicant:
19 1. American Indian or Alaskan Native.
20 2. Asian or Pacific Islander.
21 3. Black, not Hispanic.
22 4. White, not Hispanic.
23 5. Hispanic.
24 (g)(h) State or country of birth.
25 (h)(i) Sex.
26 (i)(j) Party affiliation.
27 (j)(k) Whether the applicant needs assistance in
28 voting.
29 (k)(l) Name and address where last registered.
30 (l)(m) Last four digits of the applicant's social
31 security number.
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1 (m)(n) Florida driver's license number or the
2 identification number from a Florida identification card
3 issued under s. 322.051.
4 (n) An indication, if applicable, that the applicant
5 has not been issued a Florida driver's license, a Florida
6 identification card, or a social security number.
7 (o) Telephone number (optional).
8 (p) Signature of applicant under penalty for false
9 swearing pursuant to s. 104.011, by which the person
10 subscribes to the oath required by s. 3, Art. VI of the State
11 Constitution and s. 97.051, and swears or affirms that the
12 information contained in the registration application is true.
13 (q) Whether the application is being used for initial
14 registration, to update a voter registration record, or to
15 request a replacement voter information registration
16 identification card.
17 (r) Whether the applicant is a citizen of the United
18 States by asking the question "Are you a citizen of the United
19 States of America?" and providing boxes for the applicant to
20 check to indicate whether the applicant is or is not a citizen
21 of the United States.
22 (s) Whether That the applicant has not been convicted
23 of a felony, and or, if convicted, has had his or her civil
24 rights restored by including the statement "I affirm I am not
25 a convicted felon or, if I am, my rights relating to voting
26 have been restored." and providing a box for the applicant to
27 check to affirm the statement.
28 (t) Whether That the applicant has not been
29 adjudicated mentally incapacitated with respect to voting or,
30 if so adjudicated, has had his or her right to vote restored
31 by including the statement "I affirm I have not been
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1 adjudicated mentally incapacitated with respect to voting or,
2 if I have, my competency has been restored." and providing a
3 box for the applicant to check to affirm the statement.
4
5 The registration application form must be in plain language
6 and designed so that convicted felons whose civil rights have
7 been restored and persons who have been adjudicated mentally
8 incapacitated and have had their voting rights restored are
9 not required to reveal their prior conviction or adjudication.
10 (3) The uniform statewide voter registration
11 application must also contain:
12 (a) The oath required by s. 3, Art. VI of the State
13 Constitution and s. 97.051.
14 (b) A statement specifying each eligibility
15 requirement under s. 97.041.
16 (c) The penalties provided in s. 104.011 for false
17 swearing in connection with voter registration.
18 (d) A statement that, if an applicant declines to
19 register to vote, the fact that the applicant has declined to
20 register will remain confidential and may be used only for
21 voter registration purposes.
22 (e) A statement that informs the applicant who chooses
23 to register to vote or update a voter registration record that
24 the office at which the applicant submits a voter registration
25 application or updates a voter registration record will remain
26 confidential and may be used only for voter registration
27 purposes.
28 (f) A statement that informs the applicant that any
29 person who has been granted a homestead exemption in this
30 state, and who registers to vote in any precinct other than
31 the one in which the property for which the homestead
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1 exemption has been granted, shall have that information
2 forwarded to the property appraiser where such property is
3 located, which may result in the person's homestead exemption
4 being terminated and the person being subject to assessment of
5 back taxes under s. 193.092, unless the homestead granted the
6 exemption is being maintained as the permanent residence of a
7 legal or natural dependent of the owner and the owner resides
8 elsewhere.
9 (f)(g) A statement informing an the applicant who has
10 not been issued a Florida driver's license, a Florida
11 identification card, or a social security number that if the
12 application form is submitted by mail and the applicant is
13 registering for the first time in this state, the applicant
14 will be required to provide identification prior to voting the
15 first time.
16 (4) A supervisor may produce a voter registration
17 application that has the supervisor's direct mailing address
18 if the department has reviewed the application and determined
19 that it is substantially the same as the uniform statewide
20 voter registration application.
21 (5) The voter registration application form prescribed
22 by the Federal Election Assistance Commission pursuant to
23 federal law the National Voter Registration Act of 1993 or the
24 federal postcard application must be accepted as an
25 application for registration in this state if the completed
26 application or postcard application contains the information
27 required by the constitution and laws of this state.
28 Section 6. Section 97.053, Florida Statutes, is
29 amended to read:
30 97.053 Acceptance of voter registration
31 applications.--
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1 (1) Voter registration applications, changes in
2 registration, and requests for a replacement voter information
3 registration identification card must be accepted in the
4 office of any supervisor, the division, a driver license
5 office, a voter registration agency, or an armed forces
6 recruitment office when hand delivered by the applicant or a
7 third party during the hours that office is open or when
8 mailed.
9 (2) A completed voter registration application is
10 complete and that contains the information necessary to
11 establish an applicant's eligibility pursuant to s. 97.041
12 becomes the official voter registration record of that
13 applicant when all information necessary to establish the
14 applicant's eligibility pursuant to s. 97.041 is received by a
15 voter registration official and verified pursuant to
16 subsection (6) the appropriate supervisor. If the applicant
17 fails to complete his or her voter registration application
18 prior to the date of book closing for an election, then such
19 applicant shall not be eligible to vote in that election.
20 (3) The registration date for a valid initial voter
21 registration application that has been hand delivered is the
22 date that the application is when received by a driver license
23 office, a voter registration agency, an armed forces
24 recruitment office, the division, or the office of any
25 supervisor in the state.
26 (4) The registration date for a valid initial voter
27 registration application that has been mailed to a driver
28 license office, a voter registration agency, an armed forces
29 recruitment office, the division, or the office of any
30 supervisor in the state and bears a clear postmark is the date
31 of that the postmark. If an initial voter registration
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1 application that has been mailed does not bear a postmark or
2 if the postmark is unclear, the registration date is the date
3 the application registration is received by any supervisor or
4 the division, unless it is received within 5 days after the
5 closing of the books for an election, excluding Saturdays,
6 Sundays, and legal holidays, in which case the registration
7 date is the book-closing date.
8 (5)(a) A voter registration application is complete if
9 it contains the following information necessary to establish
10 the applicant's eligibility pursuant to s. 97.041, including:
11 1. The applicant's name.
12 2. The applicant's legal residence address.
13 3. The applicant's date of birth.
14 4. A mark in the checkbox affirming An indication that
15 the applicant is a citizen of the United States.
16 5.a. The applicant's current and valid Florida
17 driver's license number or, the identification number from a
18 Florida identification card issued under s. 322.051, or
19 b. If the applicant has not been issued a current and
20 valid Florida driver's license or a Florida identification
21 card, the last four digits of the applicant's social security
22 number.
23
24 In case an applicant has not been issued a current and valid
25 Florida driver's license, Florida identification card, or
26 social security number, the applicant shall affirm this fact
27 in the manner prescribed in the uniform statewide voter
28 registration application.
29 6. A mark in the checkbox affirming An indication that
30 the applicant has not been convicted of a felony or that, if
31 convicted, has had his or her civil rights restored.
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1 7. A mark in the checkbox affirming An indication that
2 the applicant has not been adjudicated mentally incapacitated
3 with respect to voting or that, if so adjudicated, has had his
4 or her right to vote restored.
5 8. The original signature or a digital signature
6 transmitted by the Department of Highway Safety and Motor
7 Vehicles of the applicant swearing or affirming under the
8 penalty for false swearing pursuant to s. 104.011 that the
9 information contained in the registration application is true
10 and subscribing to the oath required by s. 3, Art. VI of the
11 State Constitution and s. 97.051.
12 (b) An applicant who fails to designate party
13 affiliation must be registered without party affiliation. The
14 supervisor must notify the voter by mail that the voter has
15 been registered without party affiliation and that the voter
16 may change party affiliation as provided in s. 97.1031.
17 (6) A voter registration application may be accepted
18 as valid only after the department has verified the
19 authenticity or nonexistence of the driver's license number,
20 the Florida identification card number, or the last four
21 digits of the social security number provided by the
22 applicant. If a completed voter registration application has
23 been received by the book-closing deadline but the driver's
24 license number, the Florida identification card number, or the
25 last four digits of the social security number provided by the
26 applicant cannot be verified prior to the applicant presenting
27 himself or herself to vote, the applicant shall be provided a
28 provisional ballot. The provisional ballot shall be counted
29 only if the application is verified by the end of the
30 canvassing period or if the applicant presents evidence to the
31 supervisor of elections sufficient to verify the authenticity
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1 of the driver's license number, Florida identification card
2 number, or last four digits of the social security number
3 provided on the application no later than 5 p.m. of the third
4 day following the election.
5 (7) All voter registration applications received by a
6 voter registration official shall be entered into the
7 statewide voter registration system within 15 days after
8 receipt. Once entered, the application shall be immediately
9 forwarded to the appropriate supervisor of elections.
10 Section 7. Subsections (1), (2), and (3) of section
11 97.0535, Florida Statutes, are amended to read:
12 97.0535 Special requirements for certain applicants.--
13 (1) Each applicant who registers by mail and who has
14 never previously voted in the state and who the department has
15 verified has not been issued a current and valid Florida
16 driver's license, Florida identification card, or social
17 security number county shall be required to provide a copy of
18 a current and valid identification, as provided in subsection
19 (3), or indicate that he or she is exempt from the
20 requirements prior to voting. Such The applicant may provide
21 the identification or indication may be provided at the time
22 of registering, or at any time prior to voting for the first
23 time in the state county. If the voter registration
24 application clearly provides information from which a voter
25 registration official the supervisor can determine that the
26 applicant meets at least one of the exemptions in subsection
27 (4), the voter registration official supervisor shall make the
28 notation on the registration records of the statewide voter
29 registration system and the applicant shall not be required to
30 provide the identification required by this section further
31
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1 information that is required of first time voters who register
2 by mail.
3 (2) The voter registration official supervisor of
4 elections shall, upon accepting the voter registration
5 application submitted pursuant to subsection (1) for an
6 applicant who registered by mail and who has not previously
7 voted in the county, determine if the applicant provided the
8 required identification at the time of registering. If the
9 required identification was not provided, the supervisor shall
10 notify the applicant that he or she must provide the
11 identification prior to voting the first time in the state
12 county.
13 (3)(a) The following forms of identification shall be
14 considered current and valid if they contain the name and
15 photograph of the applicant and have not expired:
16 1. Florida driver's license.
17 2. Florida identification card issued by the
18 Department of Highway Safety and Motor Vehicles.
19 1.3. United States passport.
20 2.4. Employee badge or identification.
21 3.5. Buyer's club identification.
22 4.6. Debit or credit card.
23 5.7. Military identification.
24 6.8. Student identification.
25 7.9. Retirement center identification.
26 8.10. Neighborhood association identification.
27 9.11. Entertainment identification.
28 10.12. Public assistance identification.
29 (b) The following forms of identification shall be
30 considered current and valid if they contain the name and
31 current residence address of the applicant:
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1 1. Utility bill.
2 2. Bank statement.
3 3. Government check.
4 4. Paycheck.
5 5. Other government document (excluding voter
6 identification card).
7 Section 8. Subsection (1) of section 97.055, Florida
8 Statutes, is amended to read:
9 97.055 Registration books; when closed for an
10 election.--
11 (1) The registration books must be closed on the 29th
12 day before each election and must remain closed until after
13 that election. If an election is called and there are fewer
14 than 29 days before that election, the registration books must
15 be closed immediately. When the registration books are closed
16 for an election, only updates to a voter's name, address, and
17 signature pursuant to ss. 98.077 and 101.045 will be permitted
18 for purposes of the upcoming election. Voter registration
19 applications and party changes must be accepted but only for
20 the purpose of subsequent elections. However, party changes
21 received between the book-closing date of the first primary
22 election and the date of the second primary election are not
23 effective until after the second primary election.
24 Section 9. Section 97.057, Florida Statutes, is
25 amended to read:
26 97.057 Voter registration by the Department of Highway
27 Safety and Motor Vehicles.--
28 (1) The Department of Highway Safety and Motor
29 Vehicles shall provide the opportunity to register to vote or
30 to update a voter registration record to each individual who
31 comes to an office of that department to:
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1 (a) Apply for or renew a driver's license;
2 (b) Apply for or renew an identification card pursuant
3 to chapter 322; or
4 (c) Change an address on an existing driver's license
5 or identification card.
6 (2) The Department of Highway Safety and Motor
7 Vehicles shall:
8 (a) Notify each individual, orally or in writing,
9 that:
10 1. Information gathered for the completion of a
11 driver's license or identification card application, renewal,
12 or change of address can be automatically transferred to a
13 voter registration application;
14 2. If additional information and a signature are
15 provided, the voter registration application will be completed
16 and sent to the proper election authority;
17 3. Information provided can also be used to update a
18 voter registration record;
19 4. All declinations will remain confidential and may
20 be used only for voter registration purposes; and
21 5. The particular driver license office in which the
22 person applies to register to vote or updates a voter
23 registration record will remain confidential and may be used
24 only for voter registration purposes.
25 (b) Require a driver's license examiner to inquire
26 orally, or, if the applicant is hearing impaired, inquire in
27 writing if the applicant is hearing impaired, and whether the
28 applicant wishes to register to vote or update a voter
29 registration record during the completion of a driver's
30 license or identification card application, renewal, or change
31 of address.
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1 1. If the applicant chooses to register to vote or to
2 update a voter registration record:
3 a. All applicable information received by the
4 Department of Highway Safety and Motor Vehicles in the course
5 of filling out the forms necessary under subsection (1) must
6 be transferred to a voter registration application.;
7 b. The additional necessary information must be
8 obtained by the driver's license examiner and must not
9 duplicate any information already obtained while completing
10 the forms required under subsection (1).; and
11 c. A voter registration application with all of the
12 applicant's voter registration information required to
13 establish the applicant's eligibility pursuant to s. 97.041
14 must be presented to the applicant to review and verify the
15 voter registration information received and provide an
16 electronic signature affirming the accuracy of the information
17 provided sign.
18 2. If the applicant declines to register to vote,
19 update the applicant's voter registration record, or change
20 the applicant's address by either orally declining or by
21 failing to sign the voter registration application, the
22 Department of Highway Safety and Motor Vehicles must note such
23 declination on its records and shall forward the declination
24 to the statewide voter registration system keep the
25 declination for 2 years but must forward a copy of the
26 unsigned voter registration application within 5 days after
27 receipt to the appropriate supervisor of elections.
28 (3) For the purpose of this section, the Department of
29 Highway Safety and Motor Vehicles, with the approval of the
30 Department of State, shall prescribe:
31
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1 (a) A voter registration application that is the same
2 in content, format, and size as the uniform statewide voter
3 registration application prescribed under s. 97.052; and
4 (b) A form that will inform applicants under
5 subsection (1) of the information contained in paragraph
6 (2)(a).
7 (4) The Department of Highway Safety and Motor
8 Vehicles must electronically transmit forward completed voter
9 registration applications within 24 hours after receipt to the
10 statewide voter registration system. Completed paper voter
11 registration applications received by the Department of
12 Highway Safety and Motor Vehicles shall be forwarded within 5
13 days after receipt to the supervisor of the county where the
14 office that processed or received that application is located.
15 (5) The Department of Highway Safety and Motor
16 Vehicles must send, with each driver's license renewal
17 extension application authorized pursuant to s. 322.18(8), a
18 uniform statewide voter registration application, the voter
19 registration application prescribed under paragraph (3)(a), or
20 a voter registration application developed especially for the
21 purposes of this subsection by the Department of Highway
22 Safety and Motor Vehicles, with the approval of the Department
23 of State, which must meet the requirements of s. 97.052.
24 (6) A person providing voter registration services for
25 a driver license office may not:
26 (a) Seek to influence an applicant's political
27 preference or party registration;
28 (b) Display any political preference or party
29 allegiance;
30
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1 (c) Make any statement to an applicant or take any
2 action the purpose or effect of which is to discourage the
3 applicant from registering to vote; or
4 (d) Disclose any applicant's voter registration
5 information except as needed for the administration of voter
6 registration.
7 (7) The Department of Highway Safety and Motor
8 Vehicles shall compile lists, by county, of those individuals
9 whose names have been purged from its driver's license
10 database because they have been licensed in another state and
11 shall provide those lists annually to the appropriate
12 supervisors.
13 (7)(8) The Department of Highway Safety and Motor
14 Vehicles shall collect data determined necessary by the
15 Department of State for program evaluation and reporting to
16 the Federal Election Assistance Commission pursuant to federal
17 law the National Voter Registration Act of 1993.
18 (8)(9) The Department of Highway Safety and Motor
19 Vehicles must ensure that all voter registration services
20 provided by driver license offices are in compliance with the
21 Voting Rights Act of 1965.
22 (9) The Department of Highway Safety and Motor
23 Vehicles shall retain complete records of voter registration
24 information received, processed, and submitted to the
25 statewide voter registration system by the Department of
26 Highway Safety and Motor Vehicles. These records shall be for
27 the explicit purpose of supporting audit and accounting
28 controls established to ensure accurate and complete
29 electronic transmission of records between the statewide voter
30 registration system and the Department of Highway Safety and
31 Motor Vehicles.
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1 (10) The department shall provide the Department of
2 Highway Safety and Motor Vehicles with an electronic database
3 of street addresses valid for use as the legal residence
4 address as required in s. 97.053(5). The Department of Highway
5 Safety and Motor Vehicles shall compare the address provided
6 by the applicant against the database of valid street
7 addresses. If the address provided by the applicant does not
8 match a valid street address in the database, the applicant
9 will be asked to verify the address provided. The Department
10 of Highway Safety and Motor Vehicles shall not reject any
11 application for voter registration for which a valid match
12 cannot be made.
13 (11) The Department of Highway Safety and Motor
14 Vehicles shall enter into an agreement with the department to
15 match information in the statewide voter registration system
16 with information in the database of the Department of Highway
17 Safety and Motor Vehicles to the extent required to verify the
18 accuracy of the driver's license number, Florida
19 identification number, or last four digits of the social
20 security number provided on applications for voter
21 registration as required in s. 97.053.
22 (12) The Department of Highway Safety and Motor
23 Vehicles shall enter into an agreement with the Commissioner
24 of Social Security as required by the Help America Vote Act of
25 2002 to verify the last four digits of the social security
26 number provided in applications for voter registration as
27 required in s. 97.053.
28 Section 10. Subsections (6), (7), and (9) of section
29 97.058, Florida Statutes, are amended to read:
30 97.058 Voter registration agencies.--
31
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1 (6) A voter registration agency must forward all
2 completed and incomplete voter registration applications
3 within 5 days after receipt to the supervisor of the county
4 where the agency that processed or received that application
5 is located.
6 (7) A voter registration agency must retain
7 declinations for a period of 2 years, during which time the
8 declinations are not considered a record of the client
9 pursuant to the laws governing the agency's records. However,
10 a voter registration agency must forward a copy of each
11 incompleted voter registration application within 5 days after
12 receipt to the appropriate supervisor of elections.
13 (9) A voter registration agency must collect data
14 determined necessary by the department, as provided by rule,
15 for program evaluation and reporting to the Federal Election
16 Assistance Commission pursuant to federal law the National
17 Voter Registration Act of 1993.
18 Section 11. Section 97.061, Florida Statutes, is
19 amended to read:
20 97.061 Special registration for electors requiring
21 assistance.--
22 (1) Any person who is eligible to register and who is
23 unable to read or write or who, because of some disability,
24 needs assistance in voting shall upon that person's request be
25 registered by the supervisor under the procedure prescribed by
26 this section and shall be entitled to receive assistance at
27 the polls under the conditions prescribed by this section. The
28 department may adopt rules to administer this section.
29 (2) If a person is qualified to register pursuant to
30 this section, the voter registration official supervisor shall
31
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1 note in that person's registration record that the person
2 needs assistance in voting.
3 (3) The precinct register generated by the supervisor
4 shall contain Upon registering any person pursuant to this
5 section, the supervisor must make a notation on the
6 registration books or records which are delivered to the polls
7 on election day that such person is eligible for assistance in
8 voting, and the supervisor may issue such person a special
9 registration identification card or make a some notation on
10 the voter information regular registration identification card
11 that such person is eligible for assistance in voting. Such
12 person shall be entitled to receive the assistance of two
13 election officials or some other person of his or her own
14 choice, other than the person's employer, the agent of the
15 person's employer, or an officer or agent of the person's
16 union, without the necessity of executing the "Declaration to
17 Secure Assistance" prescribed in s. 101.051. Such person shall
18 notify the supervisor of any change in his or her condition
19 which makes it unnecessary for him or her to receive
20 assistance in voting.
21 Section 12. Section 97.071, Florida Statutes, is
22 amended to read:
23 97.071 Voter information Registration identification
24 card.--
25 (1) A voter information registration identification
26 card shall must be furnished by the supervisor to all
27 registered voters residing in the supervisor's county. The
28 card registering under the permanent single registration
29 system and must contain:
30 (a) Voter's registration number.
31 (b) Date of registration.
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1 (c) Full name.
2 (d) Party affiliation.
3 (e) Date of birth.
4 (f) Race or ethnicity, if provided by the applicant.
5 (g) Sex, if provided by the applicant.
6 (f)(h) Address of legal residence.
7 (g)(i) Precinct number.
8 (h)(j) Name of supervisor and contact information of
9 supervisor.
10 (k) Place for voter's signature.
11 (i)(l) Other information deemed necessary by the
12 supervisor department.
13 (2) A voter may receive a replacement voter
14 information of a registration identification card by providing
15 a signed, written request for a replacement card to a voter
16 registration official the supervisor. Upon verification of
17 registration, the supervisor shall issue the voter a duplicate
18 card without charge.
19 (3) In the case of a change of name, address, or party
20 affiliation, the supervisor shall must issue the voter a new
21 voter information registration identification card. However, a
22 voter information registration identification card indicating
23 a party affiliation change made between the book-closing date
24 for the first primary election and the date of the second
25 primary election may not be issued until after the second
26 primary election.
27 Section 13. Section 97.073, Florida Statutes, is
28 amended to read:
29 97.073 Disposition of voter registration applications;
30 cancellation notice.--
31
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1 (1) The supervisor must notify each applicant of the
2 disposition of the applicant's voter registration application.
3 The notice must inform the applicant that the application has
4 been approved, is incomplete, has been denied, or is a
5 duplicate of a current registration. A voter information
6 registration identification card sent to an applicant
7 constitutes notice of approval of registration. If the
8 application is incomplete, the supervisor must request that
9 the applicant supply the missing information using a voter
10 registration application signed by the applicant in writing
11 and sign a statement that the additional information is true
12 and correct. A notice of denial must inform the applicant of
13 the reason the application was denied.
14 (2) Within 2 weeks after approval of a voter
15 registration application that indicates that the applicant was
16 previously registered in another state jurisdiction, the
17 department supervisor must notify the registration official in
18 the prior state jurisdiction that the applicant is now
19 registered in this state the supervisor's county.
20 Section 14. Section 97.1031, Florida Statutes, is
21 amended to read:
22 97.1031 Notice of change of residence within the same
23 county, change of name, or change of party affiliation.--
24 (1) When an elector moves from the address named on
25 that person's voter registration record to another address
26 within the state or changes his or her name by marriage or
27 other legal process same county, the elector shall submit the
28 new information to a voter registration official using a voter
29 registration application signed by the elector must provide
30 notification of such move to the supervisor of elections of
31 that county. The elector may provide the supervisor a signed,
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1 written notice or may notify the supervisor by telephone or
2 electronic means. However, notification of such move other
3 than by signed, written notice must include the elector's date
4 of birth. A voter information registration identification card
5 reflecting the new information address of legal residence
6 shall be issued to the elector as provided in subsection
7 (3)(4).
8 (2) When the name of an elector is changed by marriage
9 or other legal process, the elector must provide a signed,
10 written notification of such change to the supervisor and
11 obtain a registration identification card reflecting the new
12 name.
13 (2)(3) When an elector seeks to change party
14 affiliation, the elector shall must provide notice a signed,
15 written notification of such intent to a voter registration
16 official using a voter registration application signed by the
17 elector. A voter information the supervisor and obtain a
18 registration identification card reflecting the new party
19 affiliation shall be issued by the supervisor to the elector,
20 subject to the issuance restriction in s. 97.071(3).
21 (3)(4) The voter registration official supervisor
22 shall make the necessary changes in the elector's records as
23 soon as practical upon receipt of such notice of a change of
24 address of legal residence, name, or party affiliation and
25 shall issue the new registration identification card as
26 required by s. 97.071(3).
27 Section 15. Section 97.105, Florida Statutes, is
28 amended to read:
29 97.105 Permanent single registration system
30 established.--A permanent single registration system for the
31 registration of electors to qualify them to vote in all
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1 elections is provided for the several counties and
2 municipalities. This system shall be put into use by all
3 municipalities and shall be in lieu of any other system of
4 municipal registration. Electors shall be registered pursuant
5 to in pursuance of this system by a voter registration
6 official the supervisor or by a deputy supervisor, and
7 electors registered shall not thereafter be required to
8 register or reregister except as provided by law.
9 Section 16. Subsections (3), (10), and (11) of section
10 98.015, Florida Statutes, are amended, and subsection (12) is
11 added to that section, to read:
12 98.015 Supervisor of elections; election, tenure of
13 office, compensation, custody of books, office hours,
14 successor, seal; appointment of deputy supervisors; duties.--
15 (3) The supervisor shall update voter registration
16 information, enter new voter registrations into the statewide
17 voter registration system, and act as is the official
18 custodian of documents received by the supervisor related to
19 the registration of electors and changes in voter registration
20 status of electors of the supervisor's county the registration
21 books and has the exclusive control of matters pertaining to
22 registration of electors.
23 (10) Each supervisor shall must ensure that all voter
24 registration and list maintenance procedures conducted by such
25 supervisor are in compliance with any applicable requirements
26 prescribed by rule of the department through the statewide
27 voter registration system or prescribed by for that county
28 under the Voting Rights Act of 1965, the National Voter
29 Registration Act of 1993, or the Help America Vote Act of
30 2002.
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1 (11) Each supervisor shall ensure that any voter
2 registration system used by the supervisor for administering
3 his or her duties as a voter registration official complies
4 with the specifications and procedures established by rule of
5 the department and the statewide voter registration system
6 Each supervisor of elections shall forward to the property
7 appraiser for the county in which the homestead is claimed the
8 name of the person and the address of the homestead of each
9 person who registers to vote at an address other than that at
10 which the person claims a homestead exemption, as disclosed on
11 the uniform statewide voter registration application pursuant
12 to s. 97.052.
13 (12) Each supervisor shall maintain a list of valid
14 residential street addresses for purposes of verifying the
15 legal addresses of voters residing in the supervisor's county.
16 The supervisor shall make all reasonable efforts to coordinate
17 with county 911 service providers, property appraisers, the
18 United States Postal Service, or other agencies as necessary
19 to ensure the continued accuracy of such list. The supervisor
20 shall provide the list of valid residential addresses to the
21 statewide voter registration system in the manner and
22 frequency specified by rule of the department.
23 Section 17. Section 98.035, Florida Statutes, is
24 created to read:
25 98.035 Statewide voter registration system;
26 implementation, operation, and maintenance.--
27 (1) The Secretary of State, as chief election officer
28 of the state, shall be responsible for implementing,
29 operating, and maintaining, in a uniform and nondiscriminatory
30 manner, a single, uniform, official, centralized, interactive,
31 computerized statewide voter registration system as required
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1 by the Help America Vote Act of 2002. The department may adopt
2 rules to administer this section.
3 (2) The statewide voter registration system must
4 contain the name and registration information of every legally
5 registered voter in the state. All voters shall be assigned a
6 unique identifier. The system shall be the official list of
7 registered voters in the state and shall provide secured
8 access by authorized voter registration officials. The system
9 shall enable voter registration officials to provide, access,
10 and update voter registration information.
11 (3) The department may not contract with any other
12 entity for the operation of the statewide voter registration
13 system.
14 (4) The implementation of the statewide voter
15 registration system shall not prevent any supervisor of
16 elections from acquiring, maintaining, or using any hardware
17 or software necessary or desirable to carry out the
18 supervisor's responsibilities related to the use of voter
19 registration information or the conduct of elections, provided
20 that such hardware or software does not conflict with the
21 operation of the statewide voter registration system.
22 (5) The department may adopt rules governing the
23 access, use, and operation of the statewide voter registration
24 system to ensure security, uniformity, and integrity of the
25 system.
26 Section 18. Section 98.045, Florida Statutes, is
27 amended to read:
28 98.045 Administration of voter registration.--
29 (1) ELIGIBILITY OF APPLICANT.--The Each supervisor
30 must ensure that any eligible applicant for voter registration
31 is registered to vote and that each application for voter
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1 registration is processed in accordance with law. The
2 supervisor shall determine whether a voter registration
3 applicant is ineligible based on any of the following:
4 (a) The failure to complete a voter registration
5 application as specified in s. 97.053.
6 (b) The applicant is deceased.
7 (c) The applicant has been convicted of a felony for
8 which his or her civil rights have not been restored.
9 (d) The applicant has been adjudicated mentally
10 incapacitated with respect to the right to vote and such right
11 has not been restored.
12 (e) The applicant does not meet the age requirement
13 pursuant to s. 97.041.
14 (f) The applicant is not a United States citizen.
15 (g) The applicant is a fictitious person.
16 (h) The applicant has provided an address of legal
17 residence that is not his or her legal residence.
18 (i) The applicant has provided a driver's license
19 number, Florida identification card number, or the last four
20 digits of a social security number that is not verifiable by
21 the department.
22 (2) REMOVAL OF REGISTERED VOTERS.--
23 (a) Once a voter is registered, the name of that voter
24 may not be removed from the statewide voter registration
25 system books except at the written request of the voter, by
26 reason of the voter's conviction of a felony or adjudication
27 as mentally incapacitated with respect to voting, by death of
28 the voter, or pursuant to a registration list maintenance
29 program or other registration list maintenance activity
30 conducted pursuant to s. 98.065 or, s. 98.075, or s. 98.0977.
31
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1 (b)(2) Information received by a voter registration
2 official supervisor from an election official in another state
3 jurisdiction indicating that a registered voter in this state
4 the supervisor's county has registered to vote in that other
5 state jurisdiction shall be considered as a written request
6 from the voter to have the voter's name removed from the
7 statewide voter registration system books of the supervisor's
8 county.
9 (3) PUBLIC RECORDS ACCESS AND
10 RETENTION.--Notwithstanding the provisions of ss. 98.095 and
11 98.0977, Each supervisor shall maintain for at least 2 years,
12 and make available for public inspection and copying, all
13 records concerning implementation of registration list
14 maintenance programs and activities conducted pursuant to ss.
15 98.065 and, 98.075, and 98.0977. The records must include
16 lists of the name and address of each person to whom a an
17 address confirmation final notice was sent and information as
18 to whether each such person responded to the mailing, but may
19 not include any information that is confidential or exempt
20 from public records requirements under this code.
21 (4) STATEWIDE ELECTRONIC DATABASE OF VALID RESIDENTIAL
22 STREET ADDRESSES.--
23 (a) The department shall compile and maintain a
24 statewide electronic database of valid residential street
25 addresses from the information provided by the supervisors of
26 elections pursuant to s. 98.015. The department shall evaluate
27 the information provided by the supervisors of elections to
28 identify any duplicate addresses and any address that may
29 overlap county boundaries.
30 (b) The department shall make the statewide database
31 of valid street addresses available to the Department of
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1 Highway Safety and Motor Vehicles as provided in s.
2 97.057(10). The Department of Highway Safety and Motor
3 Vehicles shall use the database for purposes of validating the
4 legal residential addresses provided in voter registration
5 applications received by the Department of Highway Safety and
6 Motor Vehicles.
7 (5) FORMS.--The department may prescribe by rule forms
8 necessary to conduct maintenance of records in the statewide
9 voter registration system.
10 Section 19. Section 98.065, Florida Statutes, as
11 amended by chapter 2002-281, Laws of Florida, is amended to
12 read:
13 98.065 Registration list maintenance programs.--
14 (1) The supervisor must conduct a general registration
15 list maintenance program to protect the integrity of the
16 electoral process by ensuring the maintenance of accurate and
17 current voter registration records in the statewide voter
18 registration system. The program must be uniform,
19 nondiscriminatory, and in compliance with the Voting Rights
20 Act of 1965, the National Voter Registration Act of 1993, and
21 the Help America Vote Act of 2002. As used in this subsection,
22 the term "nondiscriminatory" applies to and includes persons
23 with disabilities.
24 (2) A supervisor must incorporate one or more of the
25 following procedures in the supervisor's biennial registration
26 list maintenance program under which:
27 (a) Change-of-address information supplied by the
28 United States Postal Service through its licensees is used to
29 identify registered voters whose addresses might have changed;
30
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1 (b) Change-of-address information is identified from
2 returned nonforwardable return-if-undeliverable mail sent to
3 all registered voters in the county; or
4 (c) Change-of-address information is identified from
5 returned nonforwardable return-if-undeliverable address
6 confirmation requests mailed to all registered voters who have
7 not voted in the last 2 years and who did not make a written
8 request that their registration records be updated during that
9 time.
10 (3) A registration list maintenance program must be
11 conducted by each supervisor, at a minimum, in each
12 odd-numbered year and must be completed not later than 90 days
13 prior to the date of any federal election. All list
14 maintenance actions associated with each voter must be
15 entered, tracked, and maintained in the statewide voter
16 registration system.
17 (4)(a) If the supervisor receives change-of-address
18 information pursuant to the activities conducted in subsection
19 (2), from jury notices signed by the voter and returned to the
20 courts, from the Department of Highway Safety and Motor
21 Vehicles, or from other sources, which information indicates
22 that the legal address of a registered voter might have
23 changed, the supervisor shall send by forwardable
24 return-if-undeliverable mail an address confirmation notice to
25 the address at which the voter was last registered. A
26 supervisor may also send an address confirmation notice to any
27 voter who the supervisor has reason to believe has moved from
28 his or her legal residence.
29 (b) The address confirmation notice shall contain a
30 postage prepaid preaddressed return form on which:
31
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1 1. If the voter has changed his or her address of
2 legal residence to a location outside the state, the voter
3 shall mark that the voter's legal residence has changed to a
4 location outside the state. The form shall also include
5 information on how to register in the new state in order to be
6 eligible to vote. The form must be returned within 30 days
7 after the date of the notice. The completed form shall
8 constitute a request to be removed from the statewide voter
9 registration system.
10 2. If the voter has changed his or her address of
11 legal residence to a location inside the state, the voter
12 shall set forth the updated or corrected address and submit
13 the return form within 30 days after the date of the notice.
14 The completed form shall constitute a request to update the
15 statewide voter registration system with the updated or
16 corrected address information.
17 3. If the voter has not changed his or her address of
18 legal residence as printed on the address confirmation notice,
19 the voter shall confirm that his or her address of legal
20 residence has not changed and submit the form within 30 days
21 after the date of the notice.
22 (c) The supervisor must designate as inactive all
23 voters who have been sent an address confirmation notice and
24 who have not returned the postage prepaid preaddressed return
25 form within 30 days or for which an address confirmation
26 notice has been returned as undeliverable. Names on the
27 inactive list may not be used to calculate the number of
28 signatures needed on any petition. A voter on the inactive
29 list may be restored to the active list of voters upon the
30 voter updating his or her registration, requesting an absentee
31 ballot, or appearing to vote. However, if the voter does not
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1 update his or her voter registration information, request an
2 absentee ballot, or vote by the second general election after
3 being placed on the inactive list, the voter's name shall be
4 removed from the statewide voter registration system and the
5 voter shall be required to reregister to have his or her name
6 restored to the statewide voter registration system.
7 (5) A notice may not be issued pursuant to this
8 section and a voter's name may not be removed from the
9 statewide voter registration system later than 90 days prior
10 to the date of a federal election. However, this section does
11 not preclude the removal of the name of a voter from the
12 statewide voter registration system at any time upon the
13 voter's written request, by reason of the voter's death, or
14 upon a determination of the voter's ineligibility as provided
15 in s. 98.075(7).
16 (6)(a) No later than July 31 and January 31 of each
17 year, the supervisor must certify to the department the list
18 maintenance activities conducted during the first 6 months and
19 the second 6 months of the year, respectively, including the
20 number of address confirmation requests sent, the number of
21 voters designated as inactive, and the number of voters
22 removed from the statewide voter registration system.
23 (b) If, based on the certification provided pursuant
24 to paragraph (a), the department determines that a supervisor
25 has not conducted the list maintenance activities required by
26 this section, the department shall conduct the appropriate
27 list maintenance activities for that county. Failure to
28 conduct list maintenance activities as required in this
29 section constitutes a violation of s. 104.051. A voter's name
30 may not be removed from the registration books later than 90
31 days prior to the date of a federal election. However, nothing
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1 in this section shall preclude the removal of the name of a
2 voter from the voter registration books, at any time and
3 without prior notification, upon the written request of the
4 voter, by reason of conviction of the voter of a felony, by
5 reason of adjudication of the voter as mentally incapacitated
6 with respect to voting, by reason of the death of the voter,
7 or upon a determination of ineligibility as provided in s.
8 98.075(3).
9 (4) If the supervisor receives change-of-address
10 information from the United States Postal Service or its
11 licensees or from jury notices signed by the voter and
12 returned to the courts, which indicates that:
13 (a) The voter has moved within the supervisor's
14 county, the supervisor must change the registration records to
15 show the new address and must send the voter a notice of the
16 change by forwardable mail, including a postage prepaid
17 preaddressed return form with which the voter may verify or
18 correct the address information.
19 (b) The voter has moved outside the supervisor's
20 county, or contains no forwarding address, the supervisor
21 shall send an address confirmation final notice and remove the
22 name of the voter from the registration record if that voter
23 did not:
24 1. Return the postage prepaid preaddressed return
25 form;
26 2. Appear to vote;
27 3. Change the voter's registration; or
28 4. Request an absentee ballot
29
30
31
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1 during the period beginning on the date when the address
2 confirmation final notice was sent and ending on the day after
3 the date of the second general election thereafter.
4 (5) The supervisor must designate as inactive all
5 voters who have been sent an address confirmation final notice
6 and who have not returned the postage prepaid preaddressed
7 return form within 30 days. A voter on the inactive list must
8 be allowed to vote and to change the voter's name or address
9 of legal residence at the polls pursuant to s. 101.045. Names
10 on the inactive list may not be used to calculate the number
11 of signatures needed on any petition or the quantity of voting
12 equipment needed.
13 Section 20. Section 98.075, Florida Statutes, is
14 amended to read:
15 (Substantial rewording of section. See
16 s. 98.075, F.S., for present text.)
17 98.075 Registration records maintenance activities;
18 ineligibility determinations.--
19 (1) MAINTENANCE OF RECORDS.--The department shall
20 protect the integrity of the electoral process by ensuring the
21 maintenance of accurate and current voter registration
22 records. List maintenance activities must be uniform,
23 nondiscriminatory, and in compliance with the Voting Rights
24 Act of 1965, the National Voter Registration Act of 1993, and
25 the Help America Vote Act of 2002. The department may adopt by
26 rule uniform standards and procedures to interpret and
27 administer this section.
28 (2) DUPLICATE REGISTRATION.--The department shall
29 identify those voters who are registered more than once or
30 those applicants whose registration applications would result
31
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1 in duplicate registrations. The most recent application shall
2 be deemed an update to the voter registration record.
3 (3) DECEASED PERSONS.--The department shall identify
4 those registered voters who are deceased by comparing
5 information on the lists of deceased persons received from the
6 Department of Health as provided in s. 98.093. Upon receipt of
7 such information through the statewide voter registration
8 system, the supervisor shall remove the name of the registered
9 voter.
10 (4) ADJUDICATION OF MENTAL INCAPACITY.--The department
11 shall identify those registered voters who have been
12 adjudicated mentally incapacitated with respect to voting and
13 who have not had their voting rights restored by comparing
14 information received from the clerk of the circuit court as
15 provided in s. 98.093. The department shall review such
16 information and make an initial determination as to whether
17 the information is credible and reliable. If the department
18 determines that the information is credible and reliable, the
19 department shall notify the supervisor and provide a copy of
20 the supporting documentation indicating the potential
21 ineligibility of the voter to be registered. Upon receipt of
22 the notice that the department has made a determination of
23 initial credibility and reliability, the supervisor shall
24 adhere to the procedures set forth in subsection (7) prior to
25 the removal of a registered voter from the statewide voter
26 registration system.
27 (5) FELONY CONVICTION.--The department shall identify
28 those registered voters who have been convicted of a felony
29 and whose rights have not been restored by comparing
30 information received from, but not limited to, a clerk of the
31 circuit court, the Board of Executive Clemency, the Department
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1 of Corrections, the Department of Law Enforcement, or a United
2 States Attorney's Office, as provided in s. 98.093. The
3 department shall review such information and make an initial
4 determination as to whether the information is credible and
5 reliable. If the department determines that the information is
6 credible and reliable, the department shall notify the
7 supervisor and provide a copy of the supporting documentation
8 indicating the potential ineligibility of the voter to be
9 registered. Upon receipt of the notice that the department has
10 made a determination of initial credibility and reliability,
11 the supervisor shall adhere to the procedures set forth in
12 subsection (7) prior to the removal of a registered voter's
13 name from the statewide voter registration system.
14 (6) OTHER BASES FOR INELIGIBILITY.--If the department
15 or supervisor receives information other than from the sources
16 identified in subsections (2)-(5) that a registered voter does
17 not meet the age requirement pursuant to s. 97.041, is not a
18 United States citizen, is a fictitious person, or has listed a
19 residence that is not his or her legal residence, the
20 supervisor shall adhere to the procedures set forth in
21 subsection (7) prior to the removal of a registered voter's
22 name from the statewide voter registration system.
23 (7) PROCEDURES FOR REMOVAL.--
24 (a) If the supervisor receives notice or information
25 pursuant to subsections (4)-(6), the supervisor of the county
26 in which the voter is registered shall:
27 1. Notify the registered voter of his or her potential
28 ineligibility by mail within 7 days after receipt of notice or
29 information. The notice shall include:
30
31
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1 a. A statement of the basis for the registered voter's
2 potential ineligibility and a copy of any documentation upon
3 which the potential ineligibility is based.
4 b. A statement that failure to respond within 30 days
5 after receipt of the notice may result in a determination of
6 ineligibility and in removal of the registered voter's name
7 from the statewide voter registration system.
8 c. A return form that requires the registered voter to
9 admit or deny the accuracy of the information underlying the
10 potential ineligibility for purposes of a final determination
11 by the supervisor.
12 d. A statement that, if the voter is denying the
13 accuracy of the information underlying the potential
14 ineligibility, the voter has a right to request a hearing for
15 the purpose of determining eligibility.
16 e. Instructions for the registered voter to contact
17 the supervisor of elections of the county in which the voter
18 is registered if assistance is needed in resolving the matter.
19 f. Instructions for seeking restoration of civil
20 rights following a felony conviction, if applicable.
21 2. If the mailed notice is returned as undeliverable,
22 the supervisor shall publish notice once in a newspaper of
23 general circulation in the county in which the voter was last
24 registered. The notice shall contain the following:
25 a. The voter's name and address.
26 b. A statement that the voter is potentially
27 ineligible to be registered to vote.
28 c. A statement that failure to respond within 30 days
29 after the notice is published may result in a determination of
30 ineligibility by the supervisor and removal of the registered
31 voter's name from the statewide voter registration system.
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1 d. An instruction for the voter to contact the
2 supervisor no later than 30 days after the date of the
3 published notice to receive information regarding the basis
4 for the potential ineligibility and the procedure to resolve
5 the matter.
6 e. An instruction to the voter that, if further
7 assistance is needed, the voter should contact the supervisor
8 of elections of the county in which the voter is registered.
9 3. If a registered voter fails to respond to a notice
10 pursuant to subparagraph 1. or subparagraph 2., the supervisor
11 shall make a final determination of the voter's eligibility.
12 If the supervisor determines that the voter is ineligible, the
13 supervisor shall remove the name of the registered voter from
14 the statewide voter registration system. The supervisor shall
15 notify the registered voter of the supervisor's determination
16 and action.
17 4. If a registered voter responds to the notice
18 pursuant to subparagraph 1. or subparagraph 2. and admits the
19 accuracy of the information underlying the potential
20 ineligibility, the supervisor shall make a final determination
21 of ineligibility and shall remove the voter's name from the
22 statewide voter registration system. The supervisor shall
23 notify the registered voter of the supervisor's determination
24 and action.
25 5. If a registered voter responds to the notice issued
26 pursuant to subparagraph 1. or subparagraph 2. and denies the
27 accuracy of the information underlying the potential
28 ineligibility but does not request a hearing, the supervisor
29 shall review the evidence and make a final determination of
30 eligibility. If such registered voter requests a hearing, the
31 supervisor shall send notice to the registered voter to attend
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1 a hearing at a time and place specified in the notice. Upon
2 hearing all evidence presented at the hearing, the supervisor
3 shall make a determination of eligibility. If the supervisor
4 determines that the registered voter is ineligible, the
5 supervisor shall remove the voter's name from the statewide
6 voter registration system and notify the registered voter of
7 the supervisor's determination and action.
8 (b) The following shall apply to this subsection:
9 1. All determinations of eligibility shall be based on
10 a preponderance of the evidence.
11 2. All proceedings are exempt from the provisions of
12 chapter 120.
13 3. Any notice shall be sent to the registered voter by
14 certified mail, return receipt requested, or other means that
15 provides a verification of receipt or shall be published in a
16 newspaper of general circulation where the voter was last
17 registered, whichever is applicable.
18 4. The supervisor shall remove the name of any
19 registered voter from the statewide voter registration system
20 only after the supervisor makes a final determination that the
21 voter is ineligible to vote.
22 5. Any voter whose name has been removed from the
23 statewide voter registration system pursuant to a
24 determination of ineligibility may appeal that determination
25 under the provisions of s. 98.0755.
26 6. Any voter whose name was removed from the statewide
27 voter registration system on the basis of a determination of
28 ineligibility who subsequently becomes eligible to vote must
29 reregister in order to have his or her name restored to the
30 statewide voter registration system.
31 (8) CERTIFICATION.--
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1 (a) No later than July 31 and January 31 of each year,
2 the supervisor shall certify to the department the activities
3 conducted pursuant to this section during the first 6 months
4 and the second 6 months of the year, respectively. The
5 certification shall include the number of persons to whom
6 notices were sent pursuant to subsection (7), the number of
7 persons who responded to the notices, the number of notices
8 returned as undeliverable, the number of notices published in
9 the newspaper, the number of hearings conducted, and the
10 number of persons removed from the statewide voter
11 registration systems and the reasons for such removals.
12 (b) If, based on the certification provided pursuant
13 to paragraph (a), the department determines that a supervisor
14 has not satisfied the requirements of this section, the
15 department shall satisfy the appropriate requirements for that
16 county. Failure to satisfy the requirements of this section
17 shall constitute a violation of s. 104.051.
18 Section 21. Section 98.0755, Florida Statutes, is
19 created to read:
20 98.0755 Appeal of determination of
21 ineligibility.--Appeal of the supervisor's determination of
22 ineligibility pursuant to s. 98.075(7) may be taken to the
23 circuit court in and for the county where the person was
24 registered. Notice of appeal must be filed within the time and
25 in the manner provided by the Florida Rules of Appellate
26 Procedure and acts as supersedeas. Trial in the circuit court
27 is de novo and governed by the rules of that court. Unless the
28 person can show that his or her name was erroneously or
29 illegally removed from the statewide voter registration
30 system, or that he or she is indigent, the person must bear
31 the costs of the trial in the circuit court. Otherwise, the
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1 cost of the appeal must be paid by the supervisor of
2 elections.
3 Section 22. Section 98.077, Florida Statutes, is
4 amended to read:
5 98.077 Update of voter signature.--
6 (1) A registered voter may update his or her signature
7 on file in the statewide voter registration system at any time
8 using a voter registration application submitted to a voter
9 registration official.
10 (2) The department and supervisors supervisor of
11 elections shall include in any correspondence, other than
12 postcard notifications and notices relating to eligibility,
13 sent to a provide to each registered voter information
14 regarding of the county the opportunity to update his or her
15 signature on file at the supervisor's office by providing
16 notification of the ability to do so in any correspondence,
17 other than postcard notifications, sent to the voter. The
18 notice shall advise when, where, and how to update the voter's
19 signature and shall provide the voter information on how to
20 obtain a voter registration application form from a voter
21 registration official which the supervisor that can be
22 returned to update the signature.
23 (3) In addition, At least once during each general
24 election year, the supervisor shall publish in a newspaper of
25 general circulation or other newspaper in the county deemed
26 appropriate by the supervisor a notice specifying when, where,
27 or how a voter can update his or her signature that is on file
28 and or how a voter can obtain a voter registration application
29 form from a voter registration official the supervisor to do
30 so.
31
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1 (4) All signature updates for use in verifying
2 absentee and provisional ballots must be received by the
3 appropriate supervisor of elections no later than the start of
4 the canvassing of absentee ballots by the canvassing board.
5 The signature on file at the start of the canvass of the
6 absentees is the signature that shall be used in verifying the
7 signature on the absentee and provisional ballot certificates.
8 Section 23. Section 98.081, Florida Statutes, is
9 amended to read:
10 98.081 Names removed from the statewide voter
11 registration system books; restrictions on reregistering;
12 recordkeeping; restoration of erroneously or illegally removed
13 names.--
14 (1) Any person who requested that his or her name be
15 removed from the statewide voter registration system books
16 between the book-closing date of the first primary and the
17 date of the second primary may not register in a different
18 political party until after the date of the second primary
19 election.
20 (2) When the name of any elector is removed from the
21 statewide voter registration system books pursuant to s.
22 98.065 or, s. 98.075, or s. 98.093, the elector's original
23 registration application form shall be retained by the
24 supervisor of elections having custody of the application
25 filed alphabetically in the office of the supervisor. As
26 alternatives, registrations removed from the statewide voter
27 registration system books may be microfilmed and such
28 microfilms substituted for the original registration
29 applications forms; or, when voter registration information,
30 including the voter's signature, is maintained digitally or on
31 electronic, magnetic, or optic media, such stored information
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1 may be substituted for the original registration application
2 form. Such microfilms or stored information shall be retained
3 by the supervisor of elections having in the custody of the
4 supervisor. In the event the original registration
5 applications forms are microfilmed or maintained digitally or
6 on electronic or other media, such originals may be destroyed
7 in accordance with the schedule approved by the Bureau of
8 Archives and Records Management of the Division of Library and
9 Information Services of the department.
10 (3) When the name of any elector has been erroneously
11 or illegally removed from the statewide voter registration
12 system books, the name of the elector shall be restored by a
13 voter registration official the supervisor upon satisfactory
14 proof, even though the registration period for that election
15 is closed.
16 Section 24. Section 98.093, Florida Statutes, is
17 amended to read:
18 98.093 Duty of officials to furnish lists of deceased
19 persons, persons adjudicated mentally incapacitated, and
20 persons convicted of a felony.--
21 (1) In order to ensure the maintenance of accurate and
22 current voter registration records, it is necessary for the
23 department to receive certain information from state and
24 federal officials and entities. The department and supervisors
25 of elections shall use the information provided from the
26 sources in subsection (2) to maintain the voter registration
27 records.
28 (2) To the maximum extent feasible, state and local
29 government agencies shall facilitate provision of information
30 and access to data to the department, including, but not
31 limited to, databases that contain reliable criminal records
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1 and records of deceased persons. State and local government
2 agencies that provide such data shall do so without charge if
3 the direct cost incurred by those agencies is not significant.
4 (a) The Department of Health shall furnish monthly to
5 the department each supervisor of elections a list containing
6 the name, address, date of birth, date of death, social
7 security number, race, and sex of each deceased person 17
8 years of age or older who was a resident of such supervisor's
9 county.
10 (b)(2) Each clerk of the circuit court shall furnish
11 monthly to the department, at least once each month, deliver
12 to each supervisor of elections a list of those persons who
13 have been adjudicated mentally incapacitated with respect to
14 voting during the preceding calendar month, a list of those
15 persons whose mental capacity with respect to voting has been
16 restored during the preceding calendar month, and a list of
17 those persons who have returned signed jury notices during the
18 preceding months to the clerk of the circuit court indicating
19 a change of address. Each list shall include stating the name,
20 address, date of birth, race, and sex, and, whichever is
21 available, the Florida driver's license number, Florida
22 identification card number, or social security number of each
23 such person convicted of a felony during the preceding
24 calendar month who was a resident of that supervisor's county,
25 a list stating the name, address, date of birth, race, and sex
26 of each person adjudicated mentally incapacitated with respect
27 to voting during the preceding calendar month who was a
28 resident of that supervisor's county, and a list stating the
29 name, address, date of birth, race, and sex of each person
30 whose mental capacity with respect to voting has been restored
31 who was a resident of that supervisor's county.
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1 (c)(3) Upon receipt of information from the United
2 States Attorney, listing persons convicted of a felony in
3 federal court, the department shall use such information to
4 identify registered voters or applicants for voter
5 registration who may be potentially ineligible based on
6 information provided in accordance with s. 98.075 immediately
7 forward such information to the supervisor of elections for
8 the county where the offender resides.
9 (d) The Department of Law Enforcement shall furnish
10 monthly to the department a list of those persons who have
11 been convicted of a felony in the preceding month or any
12 updates to prior records which have occurred in the preceding
13 month. The list shall contain the name, address, date of
14 birth, race, sex, date of conviction, county of conviction,
15 and social security number and a unique identifier of each
16 conviction of each person.
17 (e) The Board of Executive Clemency shall furnish
18 monthly to the department a list of those persons granted
19 clemency in the preceding month or any updates to prior
20 records which have occurred in the preceding month. The list
21 shall contain the Board of Executive Clemency case number,
22 name, address, date of birth, race, sex, social security
23 number, if available, and references to record identifiers
24 assigned by the Department of Corrections, a unique identifier
25 of each clemency case, and the effective date of clemency of
26 each person.
27 (f) The Department of Corrections shall furnish
28 monthly to the department a list of those persons transferred
29 to the Department of Corrections in the preceding month or any
30 updates to prior records which have occurred in the preceding
31 month. The list shall contain the name, address, date of
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1 birth, race, sex, social security number, Department of
2 Corrections record identification number, and associated
3 Department of Law Enforcement felony conviction record number
4 of each person.
5 (g) The Department of Highway Safety and Motor
6 Vehicles shall furnish monthly to the department a list of
7 those persons whose names have been removed from the driver's
8 license database because they have been licensed in another
9 state. The list shall contain the name, address, date of
10 birth, sex, social security number, and driver's license
11 number of each such person.
12 (4) Upon receipt of any such list, the supervisor
13 shall remove from the registration books the name of any
14 person listed who is deceased, convicted of a felony, or
15 adjudicated mentally incapacitated with respect to voting. A
16 person who has had his or her mental capacity with respect to
17 voting restored or who has had his or her right to vote
18 restored after conviction of a felony shall be required to
19 reregister to have his or her name restored to the
20 registration books.
21 (3)(5) Nothing in this section shall limit or restrict
22 the supervisor in his or her duty to remove the names of such
23 persons from the statewide voter registration system pursuant
24 to s. 98.075(7) based upon books after verification of
25 information received from other sources.
26 Section 25. Section 98.212, Florida Statutes, is
27 amended to read:
28 98.212 Department and supervisors to furnish
29 statistical and other information.--
30 (1)(a) Upon written request, the department and any
31 supervisor of the respective counties supervisors shall, as
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1 promptly as possible, furnish to recognized public or private
2 universities and senior colleges within the state, to state or
3 county governmental agencies, and to recognized political
4 party committees statistical information for the purpose of
5 analyzing election returns and results.
6 (b) The department and any supervisor Supervisors may
7 require reimbursement for any part or all of the actual
8 expenses of supplying any information requested under
9 paragraph (a). For the purposes of this subsection, the
10 department and supervisors may use the services of any
11 research and statistical personnel that may be supplied.
12 (c) Lists of names submitted to the department and any
13 supervisor of the respective counties supervisors for
14 indication of registration or nonregistration or of party
15 affiliation shall be processed at any time at cost, except
16 that in no case shall the charge exceed 10 cents for each name
17 on which the information is furnished.
18 (2) The supervisors shall provide information as
19 requested by the department for program evaluation and
20 reporting to the Federal Election Assistance Commission
21 pursuant to federal law the National Voter Registration Act of
22 1993.
23 Section 26. Section 98.461, Florida Statutes, is
24 amended to read:
25 98.461 Registration application form, precinct
26 register; contents.--
27 (1) A registration application form, approved by the
28 Department of State, containing the information required in s.
29 97.052 shall be retained by the supervisor of elections of the
30 county of the applicant's registration filed alphabetically in
31 the office of the supervisor as the master list of electors of
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1 the county. However, the registration application forms may be
2 microfilmed and such microfilm microfilms substituted for the
3 original registration application forms; or, when voter
4 registration information, including the voter's signature, is
5 maintained digitally or on electronic, magnetic, or optic
6 media, such stored information may be substituted for the
7 original registration application form. Such microfilms or
8 stored information shall be retained in the custody of the
9 supervisor of elections of the county of the applicant's
10 registration. In the event the original registration
11 applications forms are microfilmed or maintained digitally or
12 on electronic or other media, such originals may be destroyed
13 in accordance with the schedule approved by the Bureau of
14 Archives and Records Management of the Division of Library and
15 Information Services of the Department of State. As an
16 alternative, the information from the registration form,
17 including the signature, may be electronically reproduced and
18 stored as provided in s. 98.451.
19 (2) A computer printout or electronic database shall
20 be used at the polls as a precinct register in lieu of the
21 registration books. The precinct register shall contain the
22 date of the election, the precinct number, and the following
23 information concerning each registered elector: last name,
24 first name, and middle name or initial, and suffix; party
25 affiliation; residence address; registration number; date of
26 birth; sex, if provided; race, if provided; whether the voter
27 needs assistance in voting; and such other additional
28 information as to readily identify the elector. The precinct
29 register shall also contain a space for the elector's
30 signature and a space for the initials of the witnessing clerk
31
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1 or inspector or an electronic device may be provided for this
2 purpose.
3 Section 27. Effective January 1, 2007, section
4 100.371, Florida Statutes, as amended by section 9 of chapter
5 2002-281, Laws of Florida, is amended to read:
6 100.371 Initiatives; procedure for placement on
7 ballot.--
8 (1) Constitutional amendments proposed by initiative
9 shall be placed on the ballot for the general election
10 provided the initiative has been filed with occurring in
11 excess of 90 days from the certification of ballot position by
12 the Secretary of State no later than February 1 of the year
13 the general election is held. A petition shall be deemed to be
14 filed with the Secretary of State upon the date the secretary
15 determines that the petition has been signed by the
16 constitutionally required number of electors.
17 (2) Such certification shall be issued when the
18 Secretary of State has received verification certificates from
19 the supervisors of elections indicating that the requisite
20 number and distribution of valid signatures of electors have
21 been submitted to and verified by the supervisors. Every
22 signature shall be dated when made and shall be valid for a
23 period of 4 years following such date, provided all other
24 requirements of law are complied with.
25 (2)(3) The sponsor of an initiative amendment shall,
26 prior to obtaining any signatures, register as a political
27 committee pursuant to s. 106.03 and submit the text of the
28 proposed amendment to the Secretary of State, with the form on
29 which the signatures will be affixed, and shall obtain the
30 approval of the Secretary of State of such form. The Secretary
31 of State shall adopt rules pursuant to s. 120.54 prescribing
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1 the style and requirements of such form. Upon filing with the
2 Secretary of State, the text of the proposed amendment and all
3 forms filed in connection with this section must, upon
4 request, be made available in alternative formats.
5 (3)(4) Each signature shall be dated when made and
6 shall be valid for a period of 4 years following such date,
7 provided all other requirements of law are met. The sponsor
8 shall submit signed and dated forms to the appropriate
9 supervisor of elections for verification as to the number of
10 registered electors whose valid signatures appear thereon. The
11 supervisor shall promptly verify the signatures upon payment
12 of the fee required by s. 99.097. The supervisor shall
13 promptly record each valid signature in the statewide voter
14 registration system in the manner prescribed by the Secretary
15 of State. Upon completion of verification, the supervisor
16 shall execute a certificate indicating the total number of
17 signatures checked, the number of signatures verified as valid
18 and as being of registered electors, and the distribution by
19 congressional district. This certificate shall be immediately
20 transmitted to the Secretary of State. The supervisor shall
21 retain the signature forms for at least 1 year following the
22 election in which the issue appeared on the ballot or until
23 the Division of Elections notifies the supervisors of
24 elections that the committee which circulated the petition is
25 no longer seeking to obtain ballot position.
26 (4)(5) The Secretary of State shall determine from the
27 signatures verified by the verification certificates received
28 from supervisors of elections and recorded in the statewide
29 voter registration system the total number of verified valid
30 signatures and the distribution of such signatures by
31 congressional districts. Upon a determination that the
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1 requisite number and distribution of valid signatures have
2 been obtained, the secretary shall issue a certificate of
3 ballot position for that proposed amendment and shall assign a
4 designating number pursuant to s. 101.161. A petition shall be
5 deemed to be filed with the Secretary of State upon the date
6 of the receipt by the secretary of a certificate or
7 certificates from supervisors of elections indicating the
8 petition has been signed by the constitutionally required
9 number of electors.
10 (5)(6)(a) Within 45 days after receipt of a proposed
11 revision or amendment to the State Constitution by initiative
12 petition from the Secretary of State or, within 30 days after
13 such receipt if receipt occurs 120 days or less before the
14 election at which the question of ratifying the amendment will
15 be presented, the Financial Impact Estimating Conference shall
16 complete an analysis and financial impact statement to be
17 placed on the ballot of the estimated increase or decrease in
18 any revenues or costs to state or local governments resulting
19 from the proposed initiative. The Financial Impact Estimating
20 Conference shall submit the financial impact statement to the
21 Attorney General and Secretary of State.
22 (b)1. The Financial Impact Estimating Conference shall
23 provide an opportunity for any proponents or opponents of the
24 initiative to submit information and may solicit information
25 or analysis from any other entities or agencies, including the
26 Office of Economic and Demographic Research. All meetings of
27 the Financial Impact Estimating Conference shall be open to
28 the public as provided in chapter 286.
29 2. The Financial Impact Estimating Conference is
30 established to review, analyze, and estimate the financial
31 impact of amendments to or revisions of the State Constitution
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1 proposed by initiative. The Financial Impact Estimating
2 Conference shall consist of four principals: one person from
3 the Executive Office of the Governor; the coordinator of the
4 Office of Economic and Demographic Research, or his or her
5 designee; one person from the professional staff of the
6 Senate; and one person from the professional staff of the
7 House of Representatives. Each principal shall have
8 appropriate fiscal expertise in the subject matter of the
9 initiative. A Financial Impact Estimating Conference may be
10 appointed for each initiative.
11 3. Principals of the Financial Impact Estimating
12 Conference shall reach a consensus or majority concurrence on
13 a clear and unambiguous financial impact statement, no more
14 than 75 words in length, and immediately submit the statement
15 to the Attorney General. Nothing in this subsection prohibits
16 the Financial Impact Estimating Conference from setting forth
17 a range of potential impacts in the financial impact
18 statement. Any financial impact statement that a court finds
19 not to be in accordance with this section shall be remanded
20 solely to the Financial Impact Estimating Conference for
21 redrafting. The Financial Impact Estimating Conference shall
22 redraft the financial impact statement within 15 days.
23 4. If the members of the Financial Impact Estimating
24 Conference are unable to agree on the statement required by
25 this subsection, or if the Supreme Court has rejected the
26 initial submission by the Financial Impact Estimating
27 Conference and no redraft has been approved by the Supreme
28 Court by 5 p.m. on the 75th day before the election, the
29 following statement shall appear on the ballot pursuant to s.
30 101.161(1): "The financial impact of this measure, if any,
31 cannot be reasonably determined at this time."
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1 (c) The financial impact statement must be separately
2 contained and be set forth after the ballot summary as
3 required in s. 101.161(1).
4 (d)1. Any financial impact statement that the Supreme
5 Court finds not to be in accordance with this subsection shall
6 be remanded solely to the Financial Impact Estimating
7 Conference for redrafting, provided the court's advisory
8 opinion is rendered at least 75 days before the election at
9 which the question of ratifying the amendment will be
10 presented. The Financial Impact Estimating Conference shall
11 prepare and adopt a revised financial impact statement no
12 later than 5 p.m. on the 15th day after the date of the
13 court's opinion.
14 2. If, by 5 p.m. on the 75th day before the election,
15 the Supreme Court has not issued an advisory opinion on the
16 initial financial impact statement prepared by the Financial
17 Impact Estimating Conference for an initiative amendment that
18 otherwise meets the legal requirements for ballot placement,
19 the financial impact statement shall be deemed approved for
20 placement on the ballot.
21 3. In addition to the financial impact statement
22 required by this subsection, the Financial Impact Estimating
23 Conference shall draft an initiative financial information
24 statement. The initiative financial information statement
25 should describe in greater detail than the financial impact
26 statement any projected increase or decrease in revenues or
27 costs that the state or local governments would likely
28 experience if the ballot measure were approved. If
29 appropriate, the initiative financial information statement
30 may include both estimated dollar amounts and a description
31 placing the estimated dollar amounts into context. The
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1 initiative financial information statement must include both a
2 summary of not more than 500 words and additional detailed
3 information that includes the assumptions that were made to
4 develop the financial impacts, workpapers, and any other
5 information deemed relevant by the Financial Impact Estimating
6 Conference.
7 4. The Department of State shall have printed, and
8 shall furnish to each supervisor of elections, a copy of the
9 summary from the initiative financial information statements.
10 The supervisors shall have the summary from the initiative
11 financial information statements available at each polling
12 place and at the main office of the supervisor of elections
13 upon request.
14 5. The Secretary of State and the Office of Economic
15 and Demographic Research shall make available on the Internet
16 each initiative financial information statement in its
17 entirety. In addition, each supervisor of elections whose
18 office has a website shall post the summary from each
19 initiative financial information statement on the website.
20 Each supervisor shall include the Internet addresses for the
21 information statements on the Secretary of State's and the
22 Office of Economic and Demographic Research's websites in the
23 publication or mailing required by s. 101.20.
24 (6)(7) The Department of State may adopt rules in
25 accordance with s. 120.54 to carry out the provisions of
26 subsections (1)-(5) (1)-(6).
27 Section 28. Subsections (1) and (3) of section
28 101.043, Florida Statutes, are amended to read:
29 101.043 Identification required at polls.--
30 (1) The precinct register, as prescribed in s. 98.461,
31 shall be used at the polls in lieu of the registration books
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1 for the purpose of identifying the elector at the polls prior
2 to allowing him or her to vote. The clerk or inspector shall
3 require each elector, upon entering the polling place, to
4 present one of the following a current and valid picture
5 identifications:
6 (a) Florida driver's license.
7 (b) Florida identification card issued by the
8 Department of Highway Safety and Motor Vehicles.
9 (c) United States passport.
10 (d) Employee badge or identification.
11 (e) Buyer's club identification.
12 (f) Debit or credit card.
13 (g) Military identification.
14 (h) Student identification.
15 (i) Retirement center identification.
16 (j) Neighborhood association identification.
17 (k) Entertainment identification.
18 (l) Public assistance identification as provided in s.
19 97.0535(3)(a).
20
21 If the picture identification does not contain the signature
22 of the voter, an additional identification that provides the
23 voter's signature shall be required. The elector shall sign
24 his or her name in the space provided on the precinct register
25 or on an electronic device provided for recording the voter's
26 signature., and The clerk or inspector shall compare the
27 signature with that on the identification provided by the
28 elector and enter his or her initials in the space provided on
29 the precinct register or on an electronic device provided for
30 that purpose and allow the elector to vote if the clerk or
31 inspector is satisfied as to the identity of the elector.
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1 (3) If the elector who fails to furnish the required
2 identification is an elector subject to s. 97.0535 a
3 first-time voter who registered by mail and has not provided
4 the required identification to a voter registration official
5 the supervisor of elections prior to election day, the elector
6 shall be allowed to vote a provisional ballot. The canvassing
7 board shall determine the validity of the ballot pursuant to
8 s. 101.048(2).
9 Section 29. Subsections (2) and (3) of section
10 101.045, Florida Statutes, are amended to read:
11 101.045 Electors must be registered in precinct;
12 provisions for residence or name change.--
13 (2)(a) An elector who moves from the precinct within
14 the county in which the elector is registered may be permitted
15 to vote in the precinct to which he or she has moved his or
16 her legal residence, provided such elector completes an
17 affirmation in substantially the following form:
18 Change of Legal Residence of Registered
19 Voter
20
21 Under penalties for false swearing, I, (Name of voter) ,
22 swear (or affirm) that the former address of my legal
23 residence was (Address of legal residence) in the
24 municipality of _____, in _____ County, Florida, and I was
25 registered to vote in the _____ precinct of _____ County,
26 Florida; that I have not voted in the precinct of my former
27 registration in this election; that I now reside at (Address
28 of legal residence) in the Municipality of _____, in _____
29 County, Florida, and am therefore eligible to vote in the
30 _____ precinct of _____ County, Florida; and I further swear
31
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1 (or affirm) that I am otherwise legally registered and
2 entitled to vote.
3 (Signature of voter whose address of legal
4 residence has changed)
5 (b) An elector whose name changes because of marriage
6 or other legal process may be permitted to vote, provided such
7 elector completes an affirmation in substantially the
8 following form:
9 Change of Name of Registered
10 Voter
11
12 Under penalties for false swearing, I, (New name of voter) ,
13 swear (or affirm) that my name has been changed
14 because of marriage or other legal process. My former name and
15 address of legal residence appear on the registration records
16 books of precinct _____ as follows:
17 Name
18 Address
19 Municipality
20 County
21 Florida, Zip
22 My present name and address of legal residence are as follows:
23 Name
24 Address
25 Municipality
26 County
27 Florida, Zip
28 and I further swear (or affirm) that I am otherwise legally
29 registered and entitled to vote.
30 (Signature of voter whose name has changed)
31
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1 (c) Such affirmation, when completed and presented at
2 the precinct in which such elector is entitled to vote, and
3 upon verification of the elector's registration, shall entitle
4 such elector to vote as provided in this subsection. If the
5 elector's eligibility to vote cannot be determined, he or she
6 shall be entitled to vote a provisional ballot, subject to the
7 requirements and procedures in s. 101.048. Upon receipt of an
8 affirmation certifying a change in address of legal residence
9 or name, the supervisor shall as soon as practicable make the
10 necessary changes in the statewide voter registration system
11 records of the county to indicate the change in address of
12 legal residence or name of such elector.
13 (d) Instead of the affirmation contained in paragraph
14 (a) or paragraph (b), an elector may complete a voter
15 registration application that indicates the change of name or
16 change of address of legal residence.
17 (e) A request for an absentee ballot pursuant to s.
18 101.62 which indicates that the elector has had a change of
19 address of legal residence from that in the supervisor's
20 records shall be sufficient as the notice to the supervisor of
21 change of address of legal residence required by this section.
22 Upon receipt of such request for an absentee ballot from an
23 elector who has changed his or her address of legal residence,
24 the supervisor shall provide the elector with the proper
25 ballot for the precinct in which the elector then has his or
26 her legal residence.
27 (3) When an elector's name does not appear on the
28 registration books of the election precinct in which the
29 elector is registered, the elector may have his or her name
30 restored if the supervisor is otherwise satisfied that the
31 elector is validly registered, that the elector's name has
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1 been erroneously omitted from the books, and that the elector
2 is entitled to have his or her name restored. The supervisor,
3 if he or she is satisfied as to the elector's previous
4 registration, shall allow such person to vote and shall
5 thereafter issue a duplicate registration identification card.
6 Section 30. Subsection (1) of section 101.048, Florida
7 Statutes, is amended to read:
8 101.048 Provisional ballots.--
9 (1) At all elections, a voter claiming to be properly
10 registered in the state county and eligible to vote at the
11 precinct in the election, but whose eligibility cannot be
12 determined, and other persons specified in the code shall be
13 entitled to vote a provisional ballot. Once voted, the
14 provisional ballot shall be placed in a secrecy envelope and
15 thereafter sealed in a provisional ballot envelope. The
16 provisional ballot shall be deposited in a ballot box. All
17 provisional ballots shall remain sealed in their envelopes for
18 return to the supervisor of elections. The department shall
19 prescribe the form of the provisional ballot envelope.
20 Section 31. Subsection (1) of section 101.161, Florida
21 Statutes, is amended to read:
22 101.161 Referenda; ballots.--
23 (1) Whenever a constitutional amendment or other
24 public measure is submitted to the vote of the people, the
25 substance of such amendment or other public measure shall be
26 printed in clear and unambiguous language on the ballot after
27 the list of candidates, followed by the word "yes" and also by
28 the word "no," and shall be styled in such a manner that a
29 "yes" vote will indicate approval of the proposal and a "no"
30 vote will indicate rejection. The wording of the substance of
31 the amendment or other public measure and the ballot title to
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1 appear on the ballot shall be embodied in the joint
2 resolution, constitutional revision commission proposal,
3 constitutional convention proposal, taxation and budget reform
4 commission proposal, or enabling resolution or ordinance.
5 Except for amendments and ballot language proposed by joint
6 resolution, the substance of the amendment or other public
7 measure shall be an explanatory statement, not exceeding 75
8 words in length, of the chief purpose of the measure. In
9 addition, for every amendment proposed by initiative, the
10 ballot shall include, following the ballot summary, a separate
11 financial impact statement concerning the measure prepared by
12 the Financial Impact Estimating Conference in accordance with
13 s. 100.371(5)(6). The ballot title shall consist of a caption,
14 not exceeding 15 words in length, by which the measure is
15 commonly referred to or spoken of.
16 Section 32. Subsection (2) of section 101.56062,
17 Florida Statutes, as created by chapter 2002-281, Laws of
18 Florida, is amended to read:
19 101.56062 Standards for accessible voting systems.--
20 (2) Such voting system must include at least one
21 accessible voter interface device installed in each polling
22 place precinct which meets the requirements of this section,
23 except for paragraph (1)(d).
24 Section 33. Subsection (1) of section 101.5608,
25 Florida Statutes, is amended to read:
26 101.5608 Voting by electronic or electromechanical
27 method; procedures.--
28 (1) Each elector desiring to vote shall be identified
29 to the clerk or inspector of the election as a duly qualified
30 elector of such election and shall sign his or her name on the
31 in ink or indelible pencil to an identification blank,
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1 signature slip, precinct register, or other form or device
2 provided by the supervisor ballot stub on which the ballot
3 serial number may be recorded. The inspector shall compare the
4 signature with the signature on the identification provided by
5 the elector. If the inspector is reasonably sure that the
6 person is entitled to vote, the inspector shall provide the
7 person with a ballot.
8 Section 34. Effective August 1, 2006, section 101.573,
9 Florida Statutes, is created to read:
10 101.573 Record of votes by precinct.--
11 (1) Within 75 days after the date of a municipal
12 election or runoff, whichever occurs later, a presidential
13 preference primary, or a general election, the supervisor of
14 elections shall file with the Department of State
15 precinct-level election results for that election cycle,
16 including any primary elections. Precinct-level election
17 results shall record for each precinct the returns of ballots
18 cast at the precinct location to which have been added the
19 returns of absentee and early ballots cast by voters
20 registered in the precinct.
21 (2) The Department of State shall adopt rules pursuant
22 to ss. 120.536(1) and 120.54 prescribing the form by which
23 supervisors of elections shall submit election results for
24 each precinct.
25 Section 35. Paragraph (a) of subsection (4) of section
26 101.62, Florida Statutes, is amended to read:
27 101.62 Request for absentee ballots.--
28 (4)(a) To each absent qualified elector overseas who
29 has requested an absentee ballot, the supervisor of elections
30 shall, not fewer than 35 days before the first primary
31 election, mail an absentee ballot. Not fewer than 45 days
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1 before the second primary and general election, the supervisor
2 of elections shall mail an advance absentee ballot to those
3 persons requesting ballots for such elections. The advance
4 absentee ballot for the second primary shall be the same as
5 the first primary absentee ballot as to the names of
6 candidates, except that for any offices where there are only
7 two candidates, those offices and all political party
8 executive committee offices shall be omitted. Except as
9 provided in ss. 99.063(4) and 100.371(5)(6), the advance
10 absentee ballot for the general election shall be as specified
11 in s. 101.151, except that in the case of candidates of
12 political parties where nominations were not made in the first
13 primary, the names of the candidates placing first and second
14 in the first primary election shall be printed on the advance
15 absentee ballot. The advance absentee ballot or advance
16 absentee ballot information booklet shall be of a different
17 color for each election and also a different color from the
18 absentee ballots for the first primary, second primary, and
19 general election. The supervisor shall mail an advance
20 absentee ballot for the second primary and general election to
21 each qualified absent elector for whom a request is received
22 until the absentee ballots are printed. The supervisor shall
23 enclose with the advance second primary absentee ballot and
24 advance general election absentee ballot an explanation
25 stating that the absentee ballot for the election will be
26 mailed as soon as it is printed; and, if both the advance
27 absentee ballot and the absentee ballot for the election are
28 returned in time to be counted, only the absentee ballot will
29 be counted. The Department of State may prescribe by rule the
30 requirements for preparing and mailing absentee ballots to
31 absent qualified electors overseas.
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1 Section 36. Subsection (3) is added to section 101.64,
2 Florida Statutes, to read:
3 101.64 Delivery of absentee ballots; envelopes;
4 form.--
5 (3) The supervisor shall mark, code, indicate on, or
6 otherwise track the precinct of the absent elector for each
7 absentee ballot.
8 Section 37. Paragraph (a) of subsection (1) of section
9 101.657, Florida Statutes, is amended to read:
10 101.657 Early voting.--
11 (1)(a) The supervisor of elections shall allow an
12 elector to vote early in the main or branch office of the
13 supervisor by depositing the voted ballot in a voting device
14 used by the supervisor to collect or tabulate ballots. The
15 supervisor shall mark, code, indicate on, or otherwise track
16 the voter's precinct for each early voted ballot. In order for
17 a branch office to be used for early voting, it shall be a
18 full-service facility of the supervisor and shall have been
19 designated as such at least 1 year prior to the election. The
20 supervisor may designate any city hall or public library as
21 early voting sites; however, if so designated, the sites must
22 be geographically located so as to provide all voters in the
23 county an equal opportunity to cast a ballot, insofar as is
24 practicable. The results or tabulation may not be made before
25 the close of the polls on election day.
26 Section 38. Section 101.663, Florida Statutes, is
27 amended to read:
28 101.663 Electors; change of residence to another
29 state.--
30 (1) An elector who changes his or her residence to
31 another county in Florida from the county in Florida in which
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1 he or she is registered as an elector after the books in the
2 county to which the elector has changed his or her residence
3 are closed for any general, primary, or special election shall
4 be permitted to vote absentee in the county of his or her
5 former residence in that election for President and Vice
6 President, United States Senator, statewide offices, and
7 statewide issues. Such person shall not be permitted to vote
8 in the county of the person's former residence after the
9 general election.
10 (2) An elector registered in this state who moves his
11 or her permanent residence to another state and who is
12 prohibited by the laws of that state from voting for the
13 offices of President and Vice President of the United States
14 shall be permitted to vote absentee in the county of his or
15 her former residence for those offices.
16 Section 39. Subsection (1) of section 101.6921,
17 Florida Statutes, is amended to read:
18 101.6921 Delivery of special absentee ballot to
19 certain first-time voters.--
20 (1) The provisions of this section apply to voters who
21 are subject to the provisions of s. 97.0535 registered to vote
22 by mail, who have not previously voted in the county, and who
23 have not provided the identification or certification required
24 by s. 97.0535 by the time the absentee ballot is mailed.
25 Section 40. Section 101.6923, Florida Statutes, is
26 amended to read:
27 101.6923 Special absentee ballot instructions for
28 certain first-time voters.--
29 (1) The provisions of this section apply to voters who
30 are subject to the provisions of s. 97.0535 registered to vote
31 by mail, who have not previously voted in the county, and who
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1 have not provided the identification or information required
2 by s. 97.0535 by the time the absentee ballot is mailed.
3 (2) A voter covered by this section shall be provided
4 with the following printed instructions with his or her
5 absentee ballot in substantially the following form:
6
7 READ THESE INSTRUCTIONS CAREFULLY BEFORE
8 MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE
9 INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
10 COUNT.
11 1. In order to ensure that your absentee ballot will
12 be counted, it should be completed and returned as soon as
13 possible so that it can reach the supervisor of elections of
14 the county in which your precinct is located no later than 7
15 p.m. on the date of the election.
16 2. Mark your ballot in secret as instructed on the
17 ballot. You must mark your own ballot unless you are unable to
18 do so because of blindness, disability, or inability to read
19 or write.
20 3. Mark only the number of candidates or issue choices
21 for a race as indicated on the ballot. If you are allowed to
22 "Vote for One" candidate and you vote for more than one, your
23 vote in that race will not be counted.
24 4. Place your marked ballot in the enclosed secrecy
25 envelope and seal the envelope.
26 5. Insert the secrecy envelope into the enclosed
27 envelope bearing the Voter's Certificate. Seal the envelope
28 and completely fill out the Voter's Certificate on the back of
29 the envelope.
30 a. You must sign your name on the line above (Voter's
31 Signature).
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1 b. If you are an overseas voter, you must include the
2 date you signed the Voter's Certificate on the line above
3 (Date) or your ballot may not be counted.
4 6. Unless you meet one of the exemptions in Item 7.,
5 you must make a copy of one of the following forms of
6 identification:
7 a. Identification which must include your name and
8 photograph: current and valid Florida driver's license;
9 Florida identification card issued by the Department of
10 Highway Safety and Motor Vehicles; United States passport;
11 employee badge or identification; buyer's club identification
12 card; debit or credit card; military identification; student
13 identification; retirement center identification; neighborhood
14 association identification; entertainment identification; or
15 public assistance identification; or
16 b. Identification which shows your name and current
17 residence address: current utility bill, bank statement,
18 government check, paycheck, or government document (excluding
19 voter identification card).
20 7. The identification requirements of Item 6. do not
21 apply if you meet one of the following requirements:
22 a. You are 65 years of age or older.
23 b. You have a temporary or permanent physical
24 disability.
25 c. You are a member of a uniformed service on active
26 duty who, by reason of such active duty, will be absent from
27 the county on election day.
28 d. You are a member of the Merchant Marine who, by
29 reason of service in the Merchant Marine, will be absent from
30 the county on election day.
31
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1 e. You are the spouse or dependent of a member
2 referred to in paragraph c. or paragraph d. who, by reason of
3 the active duty or service of the member, will be absent from
4 the county on election day.
5 f. You are currently residing outside the United
6 States.
7 8. Place the envelope bearing the Voter's Certificate
8 into the mailing envelope addressed to the supervisor. Insert
9 a copy of your identification in the mailing envelope. DO NOT
10 PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE
11 BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S
12 CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.
13 9. Mail, deliver, or have delivered the completed
14 mailing envelope. Be sure there is sufficient postage if
15 mailed.
16 10. FELONY NOTICE. It is a felony under Florida law to
17 accept any gift, payment, or gratuity in exchange for your
18 vote for a candidate. It is also a felony under Florida law to
19 vote in an election using a false identity or false address,
20 or under any other circumstances making your ballot false or
21 fraudulent.
22 Section 41. Subsection (3) of section 102.012, Florida
23 Statutes, is amended to read:
24 102.012 Inspectors and clerks to conduct elections.--
25 (3) The supervisor shall furnish inspectors of
26 election for each precinct with the list of registered
27 electors for that precinct registration books divided
28 alphabetically as will best facilitate the holding of an
29 election. The supervisor shall also furnish to the inspectors
30 of election at the polling place at each precinct in the
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1 supervisor's county a sufficient number of forms and blanks
2 for use on election day.
3 Section 42. Subsections (1), (2), and (3) of section
4 104.013, Florida Statutes, are amended to read:
5 104.013 Unauthorized use, possession, or destruction
6 of voter information registration identification card.--
7 (1) It is unlawful for any person knowingly to have in
8 his or her possession any blank, forged, stolen, fictitious,
9 counterfeit, or unlawfully issued voter information
10 registration identification card unless possession by such
11 person has been duly authorized by the supervisor.
12 (2) It is unlawful for any person to barter, trade,
13 sell, or give away a voter information registration
14 identification card unless said person has been duly
15 authorized to issue a voter information registration
16 identification card.
17 (3) It is unlawful for any person willfully to destroy
18 or deface the information registration identification card of
19 a duly registered voter.
20 Section 43. Section 196.141, Florida Statutes, is
21 amended to read:
22 196.141 Homestead exemptions; duty of property
23 appraiser.--
24 (1) The property appraiser shall examine each claim
25 for exemption filed with or referred to him or her and shall
26 allow the same, if found to be in accordance with law, by
27 marking the same approved and by making the proper deductions
28 on the tax books.
29 (2) The property appraiser shall examine each
30 referral, of a person registering to vote at an address
31 different from the one where the person has filed for a
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1 homestead exemption, which has been provided by a supervisor
2 of elections pursuant to s. 98.015. The property appraiser
3 shall initiate procedures to terminate a person's homestead
4 exemption and assess back taxes, if appropriate, if the person
5 claiming such exemption is not entitled to the exemption under
6 law.
7 Section 44. Subsection (4) of section 120.54, Florida
8 Statutes, is amended to read:
9 120.54 Rulemaking.--
10 (4) EMERGENCY RULES.--
11 (a) If an agency finds that an immediate danger to the
12 public health, safety, or welfare requires emergency action,
13 the agency may adopt any rule necessitated by the immediate
14 danger. The agency may adopt a rule by any procedure which is
15 fair under the circumstances if:
16 1. The procedure provides at least the procedural
17 protection given by other statutes, the State Constitution, or
18 the United States Constitution.
19 2. The agency takes only that action necessary to
20 protect the public interest under the emergency procedure.
21 3. The agency publishes in writing at the time of, or
22 prior to, its action the specific facts and reasons for
23 finding an immediate danger to the public health, safety, or
24 welfare and its reasons for concluding that the procedure used
25 is fair under the circumstances. In any event, notice of
26 emergency rules, other than those of educational units or
27 units of government with jurisdiction in only one or a part of
28 one county, including the full text of the rules, shall be
29 published in the first available issue of the Florida
30 Administrative Weekly and provided to the committee. The
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1 agency's findings of immediate danger, necessity, and
2 procedural fairness shall be judicially reviewable.
3 (b) Rules pertaining to the public health, safety, or
4 welfare shall include rules pertaining to perishable
5 agricultural commodities or rules pertaining to the
6 interpretation and implementation of the requirements of
7 chapters 97 through 102 and 105 of the Election Code which are
8 filed when not more than 60 days remain before an election as
9 defined in s. 97.021 or which are filed during the time period
10 after the election and before certification of the election
11 pursuant to s. 102.112 or s. 102.12.
12 (c) An emergency rule adopted under this subsection
13 shall not be effective for a period longer than 90 days and
14 shall not be renewable, except during the pendency of a
15 challenge to proposed rules addressing the subject of the
16 emergency rule. However, the agency may take identical action
17 by the rulemaking procedures specified in this chapter.
18 (d) Subject to applicable constitutional and statutory
19 provisions, an emergency rule becomes effective immediately on
20 filing, or on a date less than 20 days thereafter if specified
21 in the rule, if the adopting agency finds that such effective
22 date is necessary because of immediate danger to the public
23 health, safety, or welfare.
24 Section 45. Subsection (1) of section 99.061, Florida
25 Statutes, is amended to read:
26 99.061 Method of qualifying for nomination or election
27 to federal, state, county, or district office.--
28 (1) The provisions of any special act to the contrary
29 notwithstanding, each person seeking to qualify for nomination
30 or election to a federal, state, or multicounty district
31 office, other than election to a judicial office as defined in
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1 chapter 105 or the office of school board member, shall file
2 his or her qualification papers with, and pay the qualifying
3 fee, which shall consist of the filing fee and election
4 assessment, and party assessment, if any has been levied, to,
5 the Department of State, or qualify by the alternative method
6 with the Department of State, at any time after noon of the
7 1st day for qualifying, which shall be as follows: the 120th
8 day prior to the first primary, but not later than noon of the
9 116th day prior to the date of the first primary, for persons
10 seeking to qualify for nomination or election to federal
11 office or the office of the state attorney or public defender;
12 and noon of the 50th day prior to the first primary, but not
13 later than noon of the 46th day prior to the date of the first
14 primary, for persons seeking to qualify for nomination or
15 election to a state or multicounty district office, other than
16 the office of state attorney or public defender.
17 Section 46. Sections 98.055, 98.095, 98.0977, 98.0979,
18 98.101, 98.181, 98.231, 98.451, 98.481, and 101.635, Florida
19 Statutes, are repealed.
20 Section 47. Except as otherwise expressly provided in
21 this act, this act shall take effect January 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2176
3
4 Provides additional rulemaking authority to the Department of
State.
5
Provides authority to the secretary to bring enforcement
6 actions in the circuit court.
7 Provides venue in Leon County.
8 Provides priority for scheduling these actions during election
periods.
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Requires the department to confer with supervisors of
10 elections to obtain uniformity in election laws prior to
bringing actions.
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